                                                                                                                           Opinions of the United
2009 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


4-21-2009

Rahim Caldwell v. Pleasantville Mun Ct
Precedential or Non-Precedential: Non-Precedential

Docket No. 08-2342




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Recommended Citation
"Rahim Caldwell v. Pleasantville Mun Ct" (2009). 2009 Decisions. Paper 1510.
http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1510


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BLD 303 -308                                           NOT PRECEDENTIAL

                 UNITED STATES COURT OF APPEALS
                      FOR THE THIRD CIRCUIT
                           ___________

                               No. 08-2342
                               ___________

                         RAHIM R. CALDWELL,
                                      Appellant

                                     v.

                PLEASANTVILLE MUNICIPAL COURT,
                             Pleasantville
                ____________________________________

               On Appeal from the United States District Court
                        for the District of New Jersey
                        (D.C. Civil No. 08-cv-01591)
                 District Judge: Honorable Renée M. Bumb
                ____________________________________

                                 ________

                               No. 08-2343
                               ___________

                         RAHIM R. CALDWELL,
                                       Appellant
                                  v.

                   VINELAND MUNICIPAL COURT;
                        CITY OF VINELAND
                ____________________________________

               On Appeal from the United States District Court
                        for the District of New Jersey
                        (D.C. Civil No. 08-cv-01592)
                 District Judge: Honorable Renée M. Bumb
                ____________________________________
                       ___________

                       No. 08-2344
                       ___________

                 RAHIM R. CALDWELL,
                               Appellant

                             v.

           VINELAND MUNICIPAL COURT;
                 CITY OF VINELAND
        ____________________________________

       On Appeal from the United States District Court
                for the District of New Jersey
                (D.C. Civil No. 08-cv-01593)
         District Judge: Honorable Renée M. Bumb
          ________________________________

                       ___________

                       No. 08-2345
                       ___________

                 RAHIM R. CALDWELL,
                              Appellant

                             v.

   CUMBERLAND COUNTY SHERRIFS DEPARTMENT;
CUMBERLAND COUNTY; VINELAND POLICE DEPARTMENT;
               CITY OF VINELAND
       ____________________________________

       On Appeal from the United States District Court
                for the District of New Jersey
                (D.C. Civil No. 08-cv-01594)
         District Judge: Honorable Renée M. Bumb
        ____________________________________




                             2
                         ___________

                         No. 08-2346
                         ___________

                   RAHIM R. CALDWELL,
                                Appellant

                               v.

HAMILTON TOWNSHIP MUNICIPAL COURT ATLANTIC COUNTY;
               TOWNSHIP OF HAMILTON
          ____________________________________

         On Appeal from the United States District Court
                  for the District of New Jersey
                  (D.C. Civil No. 08-cv-01595)
           District Judge: Honorable Renée M. Bumb
          ____________________________________

                         ___________

                         No. 08-2347
                         ___________

                   RAHIM R. CALDWELL,
                                 Appellant
                            v.

             VINELAND MUNICIPAL COURT;
                  CITY OF VINELAND
          ____________________________________

         On Appeal from the United States District Court
                  for the District of New Jersey
                  (D.C. Civil No. 08-cv-01596)
           District Judge: Honorable Renée M. Bumb
     _______________________________________________




                               3
                                      ___________

                                      No. 08-2348
                                      ___________

                                RAHIM R. CALDWELL,
                                               Appellant

                                            v.

                         VINELAND MUNICIPAL COURT;
                              CITY OF VINELAND
                      ____________________________________

                   On Appeal from the United States District Court
                            for the District of New Jersey
                            (D.C. Civil No. 08-cv-01597)
                     District Judge: Honorable Renée M. Bumb
               _______________________________________________

                  Submitted for Possible Summary Action Pursuant to
                        Third Circuit LAR 27.4 and I.O.P. 10.6
                                  September 25, 2008
               Before: MCKEE, RENDELL AND SMITH, Circuit Judges

                              (Opinion filed April 21, 2009)
                                       _________

                                        OPINION
                                        _________

PER CURIAM

       Rahim Caldwell appeals the District Court’s order dismissing his seven civil rights

complaints. The details of Caldwell’s claims are set forth verbatim in the District Court’s

opinion and need not be discussed at length. Briefly, in Nos. 08-2342, 08-2343, 08-2344,

08-2346, 08-2347, and 08-2348, Caldwell alleged that several municipalities and


                                             4
municipal courts violated his rights under the Eighth Amendment by setting bail in

amounts that were higher than that allowed under state law and his rights under the

Fourth Amendment by issuing warrants without probable cause. In No. 08-2345,

Caldwell alleged that the police and sheriff’s departments illegally searched a location not

listed on a warrant and seized him. The District Court dismissed the complaints before

service for failure to state a claim, and Caldwell filed timely notices of appeal.

       We have jurisdiction under 28 U.S.C. § 1291. We exercise plenary review over

the District Court’s sua sponte dismissal of the complaints for failure to state a claim.

Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000). The District Court was correct that

a municipality or local government unit cannot be held liable under 42 U.S.C. § 1983

solely because it employs a tortfeasor unless the violation was caused by an official

policy or custom. Monell v. Dep’t of Soc. Serv. of City of New York, 436 U.S. 658, 691

(1978).1 However, a plaintiff whose complaint is subject to dismissal under 28 U.S.C. §

1915 should be given an opportunity to file an amended complaint unless it would be

futile or inequitable to do so. Grayson v. Mayview State Hosp., 293 F.3d 103, 110-11 (3d

Cir. 2002). The District Court did not give Caldwell an opportunity to amend, and we

cannot conclude that it would be inequitable or futile to allow Caldwell to amend his

complaints.



   1
   The record as it now stands is not developed enough for an analysis of whether the
Municipal Courts, the Cumberland County Sheriff’s Department, and the Vineland Police
Department are state or municipal agencies for the purposes of § 1983.

                                              5
       Summary action is appropriate if there is no substantial question presented in the

appeal. See Third Circuit LAR 27.4. For the above reasons, we will summarily vacate

the District Court’s orders and remand the matters to the District Court. See Third Circuit

I.O.P. 10.6. On remand, the District Court shall allow Caldwell the opportunity to amend

his complaints.




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