Escobar v. Twp. of W. Orange

Full title: SANTOS ESCOBAR, Plaintiff, v. TOWNSHIP OF WEST ORANGE et al., Defendants.

Court: UN§ITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Oct 17, 2012

Civil Action No. 12-1729 (SRC) (D.N.J. Oct. 17, 2012)

Opinion

Civil Action No. 12-1729 (SRC)

10-17-2012

SANTOS ESCOBAR, Plaintiff, v. TOWNSHIP OF WEST ORANGE et al., Defendants.

STANLEY R. CHESLER

NOT FOR PUBLICATION

OPINION & ORDER

CHESLER, District Judge

This matter comes before this Court on the motion to dismiss the Complaint by Defendant Township of West Orange (the "Township"). In brief, the Township contends that Plaintiff's case is barred by his failure to comply with the mandatory notice provisions of the New Jersey Tort Claims Act ("NJTCA"). In opposition, Plaintiff argues that, because he asserts only claims under 42 U.S.C. § 1983, the state statute is pre-empted by federal law. Plaintiff aptly quotes from the Third Circuit's decision in County Concrete Corp. v. Twp. of Roxbury, 442 F.3d 159, 174 (3d Cir. 2006): "The NJTCA does not apply to federal and state constitutional claims because a state statute may not abrogate an individual's constitutional rights."

Plaintiff is correct. The motion to dismiss will be denied.

For these reasons,

IT IS on this 17th day of October, 2012

ORDERED that the Township's motion to dismiss (Docket Entry No. 10) is DENIED.

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STANLEY R. CHESLER, U.S.D.J.