Alfred Patterson v. Joseph Strippoli
Opinion of the Court
OPINION
Deborah and Alfred Patterson allege that their neighbor, Councilman Joseph Strippoli, used his position to cause the selective enforcement of Lindenwold, New Jersey ordinances against them, in violation of the Equal Protection Clause. The District Court granted Strippoli’s motion for summary judgment. For the reasons set forth herein, we will affirm in part and reverse in part.
I
The Pattersons, an interracial married couple, have resided at 412 East Elm Avenue in Lindenwold since March 2003.
Strippoli has resided at 401 East Linden Avenue since 1985. The corner of his backyard abuts the Pattersons’. He served as the mayor of Lindenwold from 1988 through 1991 and has been a Councilman since 1999; Strippoli lodged complaints about the Pattersons with the police and code enforcement department many times. Strippoli also admits taking pictures of the Pattersons’ yard to document ordinance violations; helping to initiate a petition among local residents to “shut down the Junk Yard Business at 412 E. Elm Avenue,” R. 1378; authoring a proposed amendment to the property maintenance code to “make it more clear” that junkyards are prohibited in residential areas, R. 123; and frequently complaining about the Pattersons’ yard to the mayor and other Council members, including Councilman Justin Jackson, the Council’s liaison to the borough’s code enforcement department.
Between July 2004 and April 2012, Lin-denwold police and code enforcement officers visited the Pattersons’ property more than two dozen times to investigate alleged ordinance violations, including the accumulation of junk and rubbish in the Patter-sons’ yard and excessive noise. The Pat-tersons were cited for such conduct on multiple occasions, and admitted to more than twenty violations. The Pattersons were also twice cited, on December 2, 2011, and April 9, 2012, for having a portable basketball hoop on their front curb, in violation of a sports equipment ordinance prohibiting such placement.
The Pattersons assert that Strippoli fixated on their property for discriminatory reasons, citing several racially offensive comments he allegedly made. Another Councilman, Kenneth Balmer, testified that he once heard Strippoli say, with reference to Deborah Patterson, that he did not understand “why she married a black guy like that.”
On July 26, 2012, the Pattersons filed a complaint pursuant to 42 U.S.C. § 1983 alleging that Strippoli used his position as a Councilman to cause the selective enforcement of the borough’s ordinances against them “based on their status as an interracial couple” (“Count I”), and without any “rational basis” (“Count II”), in violation of. the Equal Protection Clause of the Fourteenth Amendment.
II
A
The Pattersons claim that Strippoli has violated their equal protection rights since 2004 by causing police and code enforcement officers to visit their home and issue citations. The first issue we must address is whether they may seek relief for conduct that occurred up to eight years before they filed their complaint. The statute of limitations for § 1983 claims in New Jersey is two years. O’Connor v. City of Newark, 440 F.3d 125, 126-27 (3d
B
We now turn to the merits of the Patter-sons’ § 1983 claims. To establish liability under § 1983, a plaintiff must show that the defendant, acting under color of law, violated the plaintiffs federal constitutional or statutory rights and caused injury. Elmore v. Cleary, 399 F.3d 279, 281 (3d Cir. 2005). The parties do not dispute that Strippoli was acting at all relevant times as a Councilman, and thus he was acting under color of law.
The Pattersons allege that Strippoli violated their federal constitutional equal protection rights by causing the selective en
The Pattersons advance both theories. In Count I, they argue that Strippoli discriminated against them based on race. In Count II, they lodge a class of one claim, asserting that Strippoli caused the selective enforcement of borough ordinances against them with “no rational basis.” R. 1448.
Both theories require a showing that similarly situated people were treated differently. The Pattersons urge us to conclude that the “similarly situated” persons here are “all Lindenwold property owners.” Appellant Br. 39-40. We decline to adopt this view. “Persons are similarly situated under the Equal Protection Clause when they are alike ‘in all relevant aspects.’ ” Startzell v. City of Phila., 533 F.3d 183, 203 (3d Cir. 2008) (quoting Nordlinger v. Hahn, 505 U.S. 1, 10, 112 S.Ct. 2326, 120 L.Ed.2d 1 (1992)). While the Pattersons and all other Linden-wold property owners are similar insofar as they are property owners in the same borough, such a broad interpretation of the “similarly situated” requirement ignores relevant distinctions between the Patter-sons and property owners' who did not violate borough ordinances. We therefore agree with the District Court that the “similarly situated” persons here are other Lindenwold property owners deserving of “the attention of the police and/or code enforcement officers for the condition of their properties.” App. 21.
We must next determine whether there is a genuine issue of material fact that the Pattersons were treated differently from other similarly situated Linden-wold property owners. The Pattersons assert that they were treated differently because they were subject to the enforcement of borough ordinances related to the accumulation of debris on their property, excessive noise, and the presence of a basketball hoop on the curb when others were not. With respect to the first two categories, we conclude that the Pattersons failed to present sufficient evidence that they were treated differently from similarly situated persons.. Notably, the Patter-sons do not identify any other Lindenwold homeowners who violated the debris or noise ordinances but were not visited or cited by the police or code enforcement officers. Cf. Olech, 528 U.S. at 565, 120 S.Ct. 1073 (concluding that plaintiff had established different treatment because she showed that defendant “demanded a 33-foot easement as a condition of connecting her property to the municipal water supply” but “required only a 15-foot easement from other similarly situated property owners”). Indeed, the record shows that code enforcement officers conducted “hundreds” of property inspections for alleged violations of borough ordinances during the relevant time period, the “overwhelming majority” of which re-
The Pattersons have, however, produced evidence from which a jury could find that they were treated differently with respect to the sports equipment ordinance. Five households in the Pattersons’ neighborhood, in the vicinity of Strippoli’s home, also maintained basketball hoops on, the curb and were not cited for a violation before the Pattersons filed this lawsuit, while the Pattersons were cited twice. R. 1443-44.
We next consider whether there is sufficient evidence that any different treatment related to the enforcement of the sports equipment ordinance was based on race or lacked a rational basis. To succeed on their race-based selective enforcement equal protection claim set forth in Count I, the Pattersons must show that they are members of a protected class, that they were treated differently from members outside that class, and that the different treatment was motivated by race. See Bradley v. United States, 299 F.3d 197, 205-06 (3d Cir. 2002). This requires proof that the defendant engaged in purposeful discrimination. Based on a review of the record, we conclude that there is sufficient evidence, if credited by a jury, to support such a claim. First, it is undisput
We now turn to Count II, the Pat-tersons’ “class of one” claim. As indicated previously, plaintiffs “state[] a claim for violation of the Equal Protection [C]lause when [they] allege[] that [they] ha[ve] been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.” Hill v. Borough of Kutztown, 455 F.3d 225, 239 (3d Cir. 2006) (internal quotation marks and citation omitted). The rational basis standard for a “class of one” claim sets a high hurdle for plaintiffs, requiring a showing of different treatment
As already discussed, the Pattersons were twice cited for violating the sports equipment ordinance and five of their neighbors who also placed basketball hoops at the curb were not until this lawsuit was filed. Even though the record shows twenty-eight similar citations in Lindenwold during the period before the Pattersons filed their complaint, the record is unclear as to why these five homes, which are within a few blocks of the Pat-tersons’ home, and hence in Strippóli’s general neighborhood, were not cited, but the Pattersons were. Because no explanation has been provided for this discrepancy, a reasonable jury could conclude that there was no rational basis for it. ' Thus, we will reverse the order granting summary judgment on the Pattersons’1 class of one claim only insofar as it asserts the discriminatory enforcement of the sports equipment ordinance.
Ill
For the foregoing reasons, we will affirm the District Court’s statute of limitations ruling, affirm in part and reverse in part the order granting Strippoli’s motion for summary judgment, and remand for proceedings consistent with this opinion.
This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent.
. Deborah Patterson is Caucasian. Alfred Patterson is African-American.
. The ordinance specifically prohibits sports equipment "from being used in and on [a] public street,” including "basketball” and "[g]oals and other type[s][of] netting.” R. 1050. The purpose of the ordinance is to
. Between August 3, 2011 and July 26, 2012, twenty-eight citations were issued to other property owners for violations of the sports equipment ordinance.
. Balmer also testified that on one occasion he heard Strippoli remark that a person who had arrived late to a borough meeting was on ''CPT,” or “colored people's time.” R. 145. Strippoli admitted using this phrase,
. The Pattersons also filed a due process claim against Strippoli and a Monell claim against the borough, but do not appeal the dismissal of these claims.
.The District Court had jurisdiction under 28 U.S.C. §§ 1331 and 1343. We have jurisdiction under 28 U.S.C. § 1291. We exercise plenary review of the District Court's grant of summary judgment and apply the same standard it applied, under which summary judgment is appropriate if "there is no genuine dispute as to any material fact and the mov-ant is entitled to judgment as a matter of law.” Barkes v. First Corr. Med., Inc., 766 F.3d 307, 316 (3d Cir. 2014) (internal quotation marks and citation omitted). The moving party is entitled to judgment as a matter of law when the non-moving party fails to make "a sufficient showing on an essential element of her case with respect to which she has the burden of proof.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
. The continuing violations doctrine is most often applied to hostile work environment claims, where not every act or remark itself is actionable but the series of actions gives rise to a claim based on the aggregate wrongs. Major Tours, Inc. v. Colorel, 799 F.Supp.2d 376, 388 (D.N.J. 2011).
. Although these earlier incidents do not provide a basis for relief, they may provide "background evidence in support of” the Pat-tersons’ timely filed claims if the District Court deems them admissible. Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002).
.Prior to oral argument, Strippoli did not challenge the District Court’s finding that he was acting under color of law. While he describes himself in the summary of argument portion of his brief as a neighbor who did nothing in his official capacity to cause harm to the Pattersons, he does not assert anywhere in his brief that he was not a state actor or otherwise reference the District Court’s ruling to that effect. Rather, his arguments address whether he had the authority to cause the Pattersons to be cited and whether the independent actions of other Council members and code enforcement officers eliminate any liability he might have. Thus, the state actor ruling is not before us.
. Our colleague would let a jury consider the Pattersons’ claim that the debris and noise ordinances were unequally enforced against them based on Geinosky v. City of Chicago, 675 F.3d 743 (7th Cir. 2012). Geinosky, however, is distinguishable. Whereas the plaintiff in that case received twenty-four "bogus” parking tickets, all of which were ultimately dismissed as illegitimate, id. at 745, the Pat-tersons admitted to more than twenty ordinance violations, including numerous violations related to debris and noise.
. Strippoli also disputes that these five households are his immediate neighbors, and points out that twenty-eight citations were issued in Lindenwold for violations of the sports equipment ordinance between August 3, 2011, a few months before the Pattersons' first sports equipment citation, and July 26, 2012, the date of the filing of their complaint, R. 1319-22. Whether this suggests that Strip-poli was unaware of the five households in the neighborhood who also violated the ordinance and/or that the Pattersons’ citations are not indicative of selective treatment is a jury question.
. Councilman Balmer testified, and Strippoli admitted, that Strippoli used the racially offensive term "CPT.” R. 124, 145.
. There is sufficient circumstantial evidence from which a jury could find Strippoli caused the Pattersons to be cited. Though both code enforcement officers who issued the basketball hoop citations testified that Councilman Justin Jackson informed them of the violations, Strippoli admitted to complaining about the Pattersons to Jackson "a half dozen times.” R. 107. In addition, Deborah Patterson testified that when Robert Fort, a newly-hired code enforcement officer, arrived at her home to issue the April 9, 2012 basketball hoop citation, he told her that Strippoli had called him.
Strippoli disputes this, arguing that the "independent” actions of the code enforcement officers broke the chain of causation between himself and the Pattersons’ alleged injuries and thus eliminate his liability. Appellee Br. 35. While Strippoli is correct that "an intervening act of a third party, which actively operates to produce harm after the first person's wrongful act has been committed, is a superseding cause which prevents the first person from being liable,” Egervary v. Young, 366 F.3d 238, 246 (3d Cir. 2004), the conduct of the third party "will only constitute an intervening cause if the [third party’s act] is genuinely free from deception or coercion,” id, at 247 (quoting Hector v. Watt, 235 F.3d 154, 164 (3d Cir. 2000) (Nygaard, J., concurring)). Here, there is sufficient evidence from which a jury could find that the code enforcement officers’ sports ordinance citation decisions were not free from Strippoli’s coercion, and thus his causation argument fails. According to Fort, Strippoli asked him to investigate the Pattersons' property shortly after he assumed the job. Fort further testified that "[Strippoli] had me follow him over to [the Pattersons'] house and showed me the violations from his yard,” and told Fort that "if [he] didn’t take care of the violations on the Patterson property, [he] could end up like the other two previous code enforcement officers,” who no longer worked for the borough. R. 11.
Concurring in Part
concurring in part and dissenting in part.
I agree with the majority that the Pat-tersons have adduced sufficient evidence that the sports equipment ordinance was unequally enforced against them, and that remand is appropriate. I must dissent in part, however, because I would let a jury, on remand, hear the Pattersons’ claims that the other town ordinances were likewise unequally enforced against them.
The majority believes that the Patter-sons must identify with more specificity a similarly situated,person who was treated differently from the Pattersons with respect to each town ordinance. I disagree because I view the instant fact pattern as similar to one considered by the Court of Appeals for the Seventh Circuit, in which the court held that when a state actor treats a person in a truly extraordinary way, a court can infer that similarly situated persons were treated differently. See Geinosky v. City of Chicago, 675 F.3d 743 (7th Cir. 2012). In Geinosky, the plaintiff alleged that his equal protection rights were violated by having received 24 baseless parking tickets over a fourteen-month period. Id. at 745. Even though the plaintiff in Geinosky did not allege that a similarly situated person had not received a similar number of baseless tickets, the court found that he had plausibly alleged an equal protection violation, as one could infer that others were not receiving a similar number of baseless tickets. See id. at 748 (“Geinosky’s general allegation that defendants ‘intentionally treated plaintiff differently than others similarly situated’ is sufficient here, where the alleged facts so clearly suggest harassment by public officials that has no conceivable legitimate purpose. To require more would elevate form over substance.”). In other words, the extraordinary nature of the pattern of conduct alleged — amounting to harassment — allowed the court to infer that similarly situated persons were not receiving the same extraordinary treatment. '
Viewed in the light most favorable to the Pattersons, the record here, similarly, reveals an extraordinary pattern of harassment and targeted enforcement of several town ordinances against the Pattersons because of the obsessive, racially motivated conduct of Strippoli.. The majority acknowledges the salient evidence of Strip-
Witnesses who knew Strippoli testified regarding the extraordinary nature of his actions. A former mayor of Lindenwold testified that Strippoli’s feud with the Pat-tersons was “the talk of the borough hall,” R. 229 — it’s no stretch to conclude that when a councilman’s vendetta against you is the “talk of the borough hall,” you are being singled out for unequal treatment. Indeed, a colleague of Strippoli’s on the town council testified that he felt Strippoli was abusing his power in his treatment of the Pattersons, and that Strippoli was not abusing his power with respect to any other town residents. See R. 148.
A jury could find that his abuse of power manifested itself in the unequal enforcement of the town ordinances against the Pattersons. The majority accepts that there is sufficient evidence of unequal enforcement of the basketball hoop ordinance against the Pattersons, (which, in my view, suggests that other ordinances were likewise unequally enforced — after all, Strip-poli’s obsession was not limited to the Pat-tersons’ basketball hoop), but the majority fails to credit the evidence in the record showing that several other ordinances were also unequally enforced against the Pattersons. Mrs. Patterson testified in her deposition that some of her neighbors had unregistered vehicles on their properties and never received a citation, whereas the Pattersons did receive a citation for that offense. R. 441. Mayor DeLucca testified that he and “half the town probably” had some junk in their backyards, implying that not everyone with junk in their backyards was being cited for it — at least not as often as the Pattersons were. R. 231. Indeed, photographs in the record show many yards in the neighborhood contained junk. See R. 1468-1504; Nov. 23, 2015 Letter from Thomas Bruno, II. By cross-referencing the list of photographed addresses with the list of citations, one can see that at least two other yards containing junk were cited only once and at least one yard containing junk was not cited at all. Compare Nov. 23, 2015 Letter from Thomas Bruno, II with R. 1278-1325. Meanwhile, the Pattersons were cited no fewer than nine times for violating vai’ious rubbish, junk, and abandoned vehicle ordinances. See R. 1278-1325. Perhaps this treatment was unequal — or perhaps not— and perhaps it has a legitimate explanation and was not motivated by racial animus— or perhaps not. These issues are for a jury to decide. I believe they should do so, and therefore respectfully dissent in part.
Reference
- Full Case Name
- Alfred PATTERSON; Deborah Patterson, H/W, Appellants v. Joseph C. STRIPPOLI, Councilman for the Borough of Lindenwold; Borough of Lindenwold
- Cited By
- 21 cases
- Status
- Unpublished