Banda v. Burlington , 263 F. App'x 182 ( 2008 )

Opinions of the United
2008 Decisions States Court of Appeals
for the Third Circuit
1-30-2008
Banda v. Burlington
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-5131
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Recommended Citation
"Banda v. Burlington" (2008). 2008 Decisions. Paper 1665.
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 06-5131
_________
JOHN M. BANDA, JR.,
Appellant
v.
BURLINGTON COUNTY; BURLINGTON COUNTY PROSECUTOR’S OFFICE;
BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS;
ROBERT D. BERNARDI, Mr. Burlington County Prosecutor (Sued in his individual and
official capacities); GLEN FILIPPONE, Ms., Assistant Burlington County Prosecutor
(Sued in her individual and official capacities)
On Appeal from the Order of the United States
District Court for the District of New Jersey
D. C. N.o. Civ. No. 03-cv–02045
District Court Judge: Hon. Joseph E. Irenas
___________________
Submitted under Third Circuit LAR 34.1(a)
August 16, 2007
Before: BARRY, CHAGARES and ROTH, Circuit Judges
(Opinion Filed: January 30, 2008)
_________
OPINION
PER CURIAM
John Banda, Jr., proceeding pro se, filed a civil rights action in the United States
District Court for the District of New Jersey against Burlington County and the Burlington
County Board of Chosen Freeholders (the “County Defendants”), and the Burlington County
Prosecutor’s Office and two Burlington County prosecutors (the “Prosecutor Defendants”).
The District Court granted the County Defendants’ motion for judgment on the pleadings and
the Prosecutor Defendants’ motion for summary judgment. The District Court also denied
Banda’s motion for reconsideration. This appeal followed. We will affirm.1
The Burlington County Prosecutor filed a forfeiture complaint against Banda’s camper
alleging that Banda used the camper in furtherance of unlawful activity. Due to an error at
the detention center where he was confined, Banda did not receive the complaint, and the
state court entered a default judgment for the Prosecutor. The state appellate court vacated
the default judgment, and Banda and the Prosecutor later entered into a settlement agreement
1
Banda stated in his notice of appeal and his informal brief that he appeals from the order
denying his motion for reconsideration. Banda, however, disputes the merits of the District
Court’s underlying order. We will address the District Court’s underlying order as well as
the order denying reconsideration because it is apparent Banda intends to appeal the
underlying order, that order is connected to the order denying reconsideration, and the
Defendants discussed both orders in their appellate briefs. See Lusardi v. Xerox Corp., 975
F.2d 964, 972 (3d Cir. 1992) (setting forth test to determine when to exercise jurisdiction
over unspecified prior orders).
2
providing for the camper’s return to Banda. Banda’s federal civil rights complaint may be
construed as asserting procedural due process violations arising from the forfeiture
proceedings. Banda alleged that the forfeiture complaint was filed, heard, and granted
without his knowledge or his receipt of the complaint.
Banda’s claim against the County Defendants was based on their alleged oversight of
the Prosecutor’s Office. We agree with the District Court that the County Defendants were
not subject to liability on this basis because the State Attorney General, not the County,
oversees the Prosecutor’s Office in criminal matters. See Coleman v. Kaye, 87 F.3d 1491,
1500-05 (3d Cir. 1996) (explaining that county prosecutors in New Jersey act as county
officials when performing administrative functions, but they act as State officers when they
engage in classic law enforcement and investigative functions).
Because the Prosecutor Defendants acted as State agents, we also agree with the
District Court that the Eleventh Amendment barred Banda’s damages claims against the
Prosecutor’s Office and the individual prosecutors in their official capacities. MCI
Telecomm. Corp. v. Bell Atlantic Pennsylvania, 271 F.3d 491, 503 (3d Cir. 2001). And the
individual prosecutors were entitled to absolute immunity in their personal capacities. See
Schrob v. Catterson, 948 F.2d 1402, 1411-13 (3d Cir. 1991) (holding prosecutor’s initiation
of an in rem civil proceeding for the forfeiture of criminal property was protected by absolute
immunity).
3
Finally, in denying Banda’s motion for reconsideration, the District Court rejected his
argument that the court “overlooked the facts” that he did not commit a crime, that the police
lacked probable cause to believe he committed a crime, and that he did not receive notice of
the forfeiture proceedings until forfeiture was granted. The District Court explained that
these “facts” were irrelevant to its legal analysis.
Banda may have been arguing that the prosecutors are not entitled to absolute
immunity because they improperly initiated forfeiture proceedings when he did not commit
a crime. As noted above, however, the prosecutors are absolutely immune from liability
related to their initiation of the forfeiture proceedings. Because Banda did not establish an
intervening change in the law, the availability of new evidence not previously available, or
the need to correct a clear error of law or to prevent manifest injustice, the District Court did
not abuse its discretion in denying Banda’s motion for reconsideration. Max’s Seafood Café
v. Quinteros, 176 F.3d 669, 673 (3d Cir. 1999).
Accordingly, we will affirm the District Court’s orders.
4