United States District Court District of New Jersey Camden Division

Case 1:15-cv-07043-NLH-AMD Document 1 Filed 09/23/15 Page 1 of 25 PageID: 1
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
CAMDEN DIVISION
ANTHONY KNEISSER, CIVIL ACTION NO.
Plaintiff,
v.
THE HONORABLE DENNIS P.
MCINERNEY, Individually and in his official COMPLAINT
capacity as Municipal Court Judge of Burlington JURY TRIAL REQUESTED
Township and the Burlington Township AS TO ALL COUNTS
Municipal Couit; TOWNSHIP OF
BURLINGTON; TOWNSHIP OF
BURLINGTON MUNICIPAL COURT; and
JOHN DOES 1-10,
Defendants.
Plaintiff, Anthony Kneisser, with an address of 18 Short Hills Boulevard, Jackson, New
Jersey 08527, by way of Complaint against Defendants, the Honorable Dennis P. Mcinerney,
Individually and in his official capacity as Municipal Comt Judge of Burlington Township and
the Township of Burlington Municipal Court; Township of Burlington; Township of Burlington
Municipal Court; and John Does 1-10, says:
NATURE OF THE ACTION
1. This is a civil action brought pursuant to 42 U.S.C. § 1983 and pendant State
claims seeking compensatory and punitive damages and injunctive relief against Defendants for
their violations of Plaintiffs civil rights under the Fourth, Fifth, Sixth, and Fourteenth
Amendments to the Constitution of the United States and the Constitution of the State ofNew
Jersey as well as for unlawful imprisonment, intentional infliction of emotional distress, false
arrest and false imprisonment resulting from the unlawful acts of Defendants.
JURISDICTION AND VENUE
2. This case arises under the United States Constitution and 42 U.S.C. §§ 1983,
1988. This Court has jurisdiction over Plaintiff's Federal claims pursuant to 28 U.S.C. §§ 1331,
1343 and supplemental jurisdiction over Plaintiff's State claims pursuant to 28 U.S.C. § 1367.
3. The declaratory and injunctive relief sought by Plaintiff is authorized by 28
U.S.C. §§ 2201, 2202, 42 U.S.C. § 1983 and Rule 57 of the Federal Rules of Civil Procedure.
4. This Court is an appropriate venue for this cause of action pursuant to 28 U.S.C .
. 1391(b)(l) and (b)(2) as the actions complained of took place in Burlington Township in the
County of Burlington, State of New Jersey, which is located in this judicial district, the District
of New Jersey, Camden Division.
5. This Court has the authority to award costs and fees under 42 U.S.C. § 1988.
PARTIES
6. Plaintiff, Anthony Kneisser (hereinafter "Mr. Kneisser" or "Plaintiff'') is an
individual who, at all relevant times, was a resident of Jackson Township, in the County of
Ocean, State of New Jersey.
7. Defendant, Dennis P. Mclnerney, J.S.C. ("Judge Mclnerney"), is an adult
individual who was appointed by the Mayor of the Township ofBurlington, with the advice and
consent of the Burlington Township Council, as the Municipal Court Judge of the Burlington
Township Municipal Court pursuant to N.J.S.A. 2B:l2-4 and Burlington Township Municipal
Ordinance 20-47. As an appointed Municipal Court Judge, Judge Mcinerney was, at all relevant
times, a municipal official and officer of the Township of Burlington, delegated with the
authority and responsibility for overseeing the administration of the Municipal Court, including,
but not limited to, the authority for establishing Municipal Court policies. In or around March
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2013, Judge Mclnerney was appointed as the Presiding Judge of all municipal courts in
Burlington County.
8. Defendant, Township of Burlington, is a municipality organized under the Laws
of the State ofNew Jersey, with its Municipal Building located at 851 Old York Road,
Burlington, New Jersey 08016. The Township ofBurlington, its Mayor and Council, were
required pursuant to N.J.S.A. 2B:l2-4 to establish a Municipal Court with the authority to
appoint municipal court judges. The Township of Burlington, its Mayor and Council, acted
pursuant to this authority and implemented Burlington Township Municipal Ordinance 20-47
authorizing them to appoint a municipal court judge and delegate to that judge the authority to
set and establish policies on behalf of the Township of Burlington and the Township of
Burlington Municipal Court. Acting pursuant to statute and Borough Ordinance, Burlington
Township, its Mayor and Council, appointed Judge Mclnerney as Municipal Court Judge of the
Township of Burlington Municipal Comt and delegated to him the express authority to set and
establish policies on behalf of the Township and the Municipal Court.
9. Defendant, Burlington Township Municipal Court is a municipal court established
and organized by Burlington Township, its Mayor and Council, pursuant to N.J.S.A. 2B:12-l, et
seq. and Burlington Township Municipal Ordinance 20-47. The Burlington Township Municipal
Court is located at 851 Old York Road, Burlington, New Jersey 08016.
10. At all times relevant hereto, Defendants, John Does 1-10 were agents and/or
employees of Burlington Township and as such were acting within the course and scope of their
employment and agency and with knowledge and consent and at the direction of Municipal
officials. Should discovery reveal the identity of any of these additional individuals, the
Complaint shall be amended.
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11. At the times of the discriminatory and other wrongful conduct complained of
herein, the individual defendants, including Judge Mclnerney, acted for themselves and as agents
on behalf of Burlington Township.
FACTS COMMON TO ALL COUNTS
12. On May 14, 2014, Mr. Kneisser received Summons# 0306-E-1400-0272 for
throwing a cigarette butt from the window of his car in violation ofN.J.S.A. § 39:4-64.
13. The fine imposed for this type of violation is set by statute to be a minimum of
$200 and a maximum of$1,000 for each offense. See N.J.S.A. § 39:4-64.
14. Satisfaction of the fine can be accomplished by way of payment through the mail,
over the phone, or online. A court appearance is not necessary to satisfy the fine.
15. However, because Mr. Kneisser was unable to pay the fine amount in full prior to
or·on the hearing date due to his relatively limited income, he called the Municipal Court to
determine whether there were any alternatives to paying the fine in full. He was advised that, in
order to do so, an appearance in court was required. Thus, Mr. Kneisser opted to appear in court
with the intention to plead guilty and request a payment plan, or, in the alternative, perform
community service.
16. At the time of Mr. Kneisser's first municipal court appearance, he was a twenty
(20) year-old college student employed part time as a line cook at a restaurant making $9.00 per
hour and working approximately 15-20 hours per week. His salary was approximately $150 per
week.
17. On May 27, 2014, Mr. Kneisser appeared before Judge Mclnemey in the
Burlington Township Municipal Court for his first appearance to plead guilty and request a
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payment plan or community service in order to satisfy the charges in full. The entire amount of
the offense, with court costs and fees, was $239.
18. When Mr. Kneisser entered the courtroom, he first spoke to the Municipal
Prosecutor to request payment alternatives. He was advised by this Prosecutor to make his
request to Judge Mcinerney.
19. Mr. Kneisser sat and waited for his name to be called. During this time, Judge
Mclnerney rendered his opening remarks as follows:
After your case is heard you'll be asked to check out with the administrator.
The administrator is out at the window where everyone checked in, everyone
that has a case here today needs to check out with the administrator before you
leave the court house. If a fine is imposed in your case the fine is due today. If
you're not prepared to pay the fine, you need to make a phone call, make
whatever arrangements are necessary so you'll be in a position to pay your
fine today. If you refuse to pay your fine, I will sentence you to the county
jail. Now the court does accept credit card payments, so we try to make it as
convenient as we can for you to pay your fine. On the other hand, as I said, if
you refuse to make a payment, I'll sentence you to the county jail.
(May 27, 2014 Hearing Transcript, pp. 5-6).
20. Mr. Kneisser then appeared before Judge Mcinerney, at which time Judge
Mcinerney asked how he wished to plea. Mr. Kneisser indicated that he wished to plead guilty
but that he was present to determine whether there was an alternative to paying the fine in full on
that date. Such alternatives included performing community service or being placed on a
payment plan. Judge Mclnerney advised that there would be no substitution and ordered him
return to the payment window to pay. Specifically, Judge Mclnerney stated as follows:
THE COURT: Anthony, it looks like Kneisser, come on up, sir. You're
charged with throwing an object from the vehicle. There's a $100 fine for
that - actually, there's a $200 fine for that offense. You have the right to
be represented by a lawyer. If you can't afford one, you can apply to have
one appointed. Do you understand that?
MR. KNEISSER: Yes.
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THE COURT: Are you ready to proceed without a lawyer?
MR. KNEISSER: Yes.
THE COURT: How do you wish to plea?
MR. KNEISSER: I mean, I'm guilty, but I was hoping there's a way to
avoid the fine. Can I do some community service or something?
THE COURT: No. There's no way to avoid the fine. What did you throw
out of the vehicle?
MR. KNEISSER: Cigarette butt on the turnpike.
THE COURT: All right, there's a $206 fine, $33 court costs. The statute
specifically mentions cigarettes and cigarette butts.
MR. KNEISSER: All right.
THE COURT: It's a $206 fine, $33 court costs. Either you use an ashtray
or quit smoking. Check out at the window.
(May 27 Tr., p. 8, ifl-3).
21. Mr. Kneisser acquiesced and returned to the Clerk's window. At the window, the
Burlington Township Municipal Court's payment policy was clearly expressed. It stated as
follows:
PLEASE NOTE:
IF YOUR FINES TOTAL OVER $200:
YOU ARE REQUIRED TO MAKE AT

LEAST
A $200 PAYMENT TODAY
IF YOUR FINES TOTAL $200 OR LESS:
YOU ARE REQUIRED TO PAY YOUR

FINE IN FULL TODAY
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22. Nevertheless, Mr. Kneisser advised the Clerk that he was unable to pay the
minimum $200 required fine and was given a "Financial Questionnaire to Establish Indigency"
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to fill out. Mr. Kneisser filled out the form and requested a payment plan.
23. Mr. Kneisser then returned to the courtroom, at which time the following brief
colloquy took place:
THE COURT: Anthony Kneisser. Come on up, sir. You have 239, how much are
you paying today?
MR. KNEISSER: I don't have anything today.
THE COURT: When can you make a payment?
MR. KNEISSER: Early June.
THE COURT: I'm sorry?
MR. KNEISSER: Early June.
THE COURT: You need to make a payment today, sir. Go make a phone call.
MR. KNEISSER: I don't have anyone that (indiscernible).
THE COURT: All right. I'll sentence you to five days in jail. Go with the officer.
MR. KNEISSER: Really.
THE COURT: Really. I gave you a chance to make a phone call, sir.
MR. KNEISSER: I don't have any friends that could help me out - -
THE COURT: All right. Well then you do the time. You're refusing to pay.
(May 27 Tr., p. 8).
24. As is clear, there was no refas al to pay. This statement of Mr. Kneisser' s
purported "refusal" was made by Judge Mclnerney solely in an attempt to justify his so
1
Plaintiff requested a copy of his completed questionnaire following the incident, however, the Burlington
Township Municipal Court Administrator, Rosa Henry, advised that the document was destroyed by the Comt and is
no longer available. ·
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obviously illegal conduct. At no point was there an attempt by Judge Mclnerney to determine
whether and to what extent Mr. Kneisser was able to pay. In fact, Plaintiff would have been able
to start paying on an installment plan when he was paid by his job on or about June 2, 2014.
When Plaintiff attempted to explain to Judge Mcinerney that there was no one he could call to
make alternate arrangements, Judge Mclnerney refused to consider any explanation and ordered
Mr. Kneisser to jail.
25. Mr. Kneisser was arrested, handcuffed, escorted by two officers and thrown in the
Burlington Township Jail, waiting to be transferred to the Burlington County Prison, for
$239.00.
26. Judge Mcinerney was not interested in any explanation. He was only interested in
collecting money that day. Remarkably, Judge Mclnerney even suppressed Mr. Kneisser's
testimony by intell"upting him and refusing to allow Mr. Kneisser the opportunity to explain his
inability to pay.
27. From the outset, Judge Mclnerney's motive was clear; the only thing the Court
was interested in that day was generating revenue. This is apparent from Judge Mclnerney' s
opening statement and the express policy of the Burlington Township Municipal Court.
28. The Court's motive was further confirmed by the Court Administrator who
thereafter advised Plaintiffs father that the Court acts to "get their money as fast as they can,"
and that "it is all about collection," so that the Court can "get them while they have them" in
order to prevent "issuing warrants, suspending driving licenses, chasing people, etc."
29. Judge Mclnerney's conduct, this practice and policy are a clear violation of the
United States and New Jersey Constitution as well as related Federal and State laws.
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fine, and you should have worked out of there with something in your hand
called a - a payment plan. (Sept. 23 Tr., p. 19, if! 6).
If you wish other relief from this, all right, talk to your attorneys about your
actions that you may have civilly. All right? But this is not the place where I
can impose monetary penalties or fines on any Judge or anything. I have no
authority to do that. The conviction was something you're not seeking to
reverse because, you know, you pied guilty. It was - it was something you
did. You admitted it was wrong. It was a minor thing, really. (Sept. 23 Tr., p.
19, if24).
The - the results of this are - are so exaggerated by the offense itself, it - it
disturbs me as a Judge that it came to this, frankly. But I must try to remain
undisturbed as best I can. But I do intend to report this to the highest authority
in this county about this procedure, this policy, that on - on its face appears to
be not in line with the - the correct legal procedures. And that's all I can offer
you. And I say so because I don't want to minimize this here. I wouldn't want
to be in your shoes on that day. And - and frankly, people shouldn't be. And -
and we'd like to try to prevent it from happening again to anyone. Especially a
person who has not indicated in any way an attitude of"I'm not paying." He-
it was never said. All he wanted to say is, give me some time, and it just
wasn't offered. (Sept. 23 Tr., p. 20, if8).
I'm not in the business of apologizing for some of my brethren in the other
courts of this state. I can tell you, I sit on municipal appeals. Out of all of the
courts in Burlington County, I've never had this before me before, but I - I
know it happened because it's right here. It's clear as day what happened. It
just shouldn't have went that way. I apologize on behalf of the Judiciary.
That's all I can do. (Sept. 23 Tr., p. 20-21).
To the prosecutor, I just say, you heard me and you understand me because
it's the way it is right now. We're going to see if we can effect a change in the
- in the policy. Unless I've missed something in the - in the - all the writings
about what to do when somebody has no money to pay and what the
procedure should be, I think the procedure that was implied - applied in this
case was wrong and should be changed. I'll see what I can do to change it.
And I otherwise have made my statements. I'm sorry. Okay? Counsel, that's
all I can do in my opinion. (Sept. 23 Tr., p. 21-22).
33. Upon information and belief, it remains the policy of Judge Mcinerney and the
Burlington Township Municipal Comt to incarcerate municipal defendants who are willing but
unable to pay mandatory fines imposed by the Burlington Township Municipal Court.
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34. Plaintiff files the present litigation seeking damages for violations of his
Constitutional rights to due process and equal protection, humiliation, embarrassment,
inconvenience, mental and emotional anguish and distress and other compensatory damages in
an amount to be determined by a jury and the Court. Plaintiff seeks further relief by way of a
Declaratory Judgment declaring that Judge Mclnerney's, the Burlington Township, the
Burlington Township Municipal Court payment policy is unconstitutional and enjoining Judge
Mcinerney, Burlington Township, Burlington Township Municipal Court and its agents from
further implementation of this unconstitutional policy.
COUNT I
(Declaration that the Policy is Unconstitutional)
35. Plaintiff repeats and realleges the allegations contained in Paragraphs 1-34 of the
Complaint as if more fully set forth herein.
36. Defendants are "persons" within the definition of the Federal Civil Rights Act at
42 U.S.C. § 1983 and required to act pursuant to the requirements expressed therein.
37. Defendants, at all relevant times, included a New Jersey State municipality and its
employees and agents. Defendants were, at all relevant times, acting under color of law.
38. Defendants implemented an unconstitutional policy and custom to jail offenders
incapable of or unable to pay their fines.
39. This policy was established by the municipality and/or officials appointed by the
municipality and delegated with express authority to make, adopt and enforce policies, rules,
orders and regulations.
40. This policy requires individuals to pay fines less than $200 in full on the date of
their court appearance. It further requires individuals to pay a minimum of $200 for fines
exceeding $200.
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41. This blanket policy is Constitutionally defective in application and effect for
failing to provide the requisite notice, hearing and impartiality required by the due process clause
of the United States Constitution and by its invidious discrimination prohibited by the equal
protection clause of the United States Constitution.
42. It is axiomatic that "the constitutional guaranties of due process and equal
protection both call for procedures in criminal trials which allow no invidious discriminations
between persons and different groups of persons; all people charged with crime must, so far as
the law is concerned, stand on equality before the bar of justice in every American court." Griffin
v. Illinois, 351 U.S. 12, 17 (1956). It is for these reasons that, the government "can no more
discriminate on account of poverty than on account ofreligion, race, or color." Griffin, 351 U.S.
at 17-18. Indeed, the ability to pay costs in advance bears no rational relationship to a
defendants' guilt or innocence." Id.
43. The policy of Defendants violates these well-established principles in that it
subjects an individual defendant to a term of imprisonment without first affording them notice
and an opportunity to be heard on whether and to what extent they are able to pay their fines. All
municipal defendants are incarcerated iftheir fine is not paid on their respective hearing date.
They are given no opportunity to be heard. This is clearly contrary to due process.
44. In effect, this policy invidiously discriminates against indigent defendants in that
it fails to take into consideration the financial circumstances of any individual defendant. By
having such a policy, a certain class of defendants is subjected to incarceration solely by reason
of their indigency. This is violative of equal protection.
45. The policy lacks any rational basis and fails to serve any penological objective. It
is used solely as a collection device and cannot be tolerated.
12
WHEREFORE Plaintiff, Anthony Kneisser, demands the following relief against
Defendants:
A. Declaration that the policy of Judge Mcinerney, Burlington Township and

the Burlington Township Municipal Court be declared unconstitutional;
B. Burlington Township and the Burlington Township Municipal Court, their

employees and agents, including, but not limited to, Judge Mcinerney be
enjoined from further implementation of this unconstitutional policy;
C. Attorneys' fees, interest and costs of suit; and
D. Any other relief as the Court deems just and equitable.
COUNT II
(Violation of 42 U.S.C. 1983, Due Process and Equal Protection)
46. Plaintiff repeats and realleges the allegations contained in paragraphs 1-45 of the
47. Defendants are "persons" within the definition of the Federal Civil Rights Act at
42 U.S.C. §1983 and required to act pursuant to the requirements expressed therein.
incapable of or unable to pay their fines. ·
51. This policy requires individuals to pay fines Jess than $200 in full on the date of
exceeding $200.
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52. Application of this policy to Plaintiff had the effect of depriving him of due
process and equal protection.
53. Plaintiff appeared at the Burlington Township Municipal Court on the date of his
hearing in order to satisfy his fine in full. Plaintiff advised Defendants that he was unable to pay
in full on that date and requested alternative arrangements.
54. The New Jersey State Legislature has established for municipal court judges "the
outer limits of incarceration necessary to satisfy its penological interests and policies" regarding
this traffic offense. The statute requires a municipal court judge to allow a municipal defendant
to pay his fines in installments.
55. By sentencing Defendant to five (5) days in prison for being unable to pay his
fines on the date in question, and by further refusing to consider any alternative arrangements
prior to sentencing the Defendant to prison, Judge Mcinerney violated Defendant's Equal
Protection and Due Process rights, violated 42 U.S.C. 1983, and clear established law in the State
ofNew Jersey.
56. Defendants failed to request or otherwise consider any explanation regarding
Plaintiffs ability to pay.
57. Defendants incarcerated Plaintiff solely by reason of his indigency.
58. By and through their course of conduct as alleged herein, Defendants deprived
Plaintiff of his rights, privileges or immunities secured by the United States Constitution,
deprived Plaintiff of his liberty without due process of law, and deprived Plaintiff of his rights to
equal protection under the Law.
14
59. By further refusing or neglecting to prevent such deprivations and denials to
Plaintiff, Defendants thereby deprived him of his rights, privileges and immunities as guaranteed
by the Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States.
60. The aforesaid unlawful acts of Defendants were done willfully, maliciously and
with callous disregard of Plaintiffs rights.
61. As a direct and proximate result of the Defendants' violations of Mr. Kneisser's
constitutional rights, Mr. Kneisser has suffered severe and substantial damages. These damages
include litigation expenses including attorney fees, loss of reputation, humiliation, f--
embatrnssment, inconvenience, mental and emotional anguish and distress and other
compensatory damages in an amount to be determined by a jury and the Court.
Defendants:


C. Judge Mclnerney's conduct in suppressing Plaintiffs testimony, refusing

an installment plan, and sentencing Plaintiff to prison for his inability to
pay on the date in question be declared unconstitutional;
D. The actions of Defendants be declared unconstitutional;
E. Mr. Kneisser' s conviction and sentence be vacated in the interests of

justice;
F. Sanctions;
G. Compensatory damages for pain, suffering, stress, humiliation and mental

anguish
H. Punitive damagt<s;
15
I. Attorneys' fees, interest and costs of suit; and
J. Any other relief as the Court deems just and equitable.
COUNT III
(Violation of New Jersey Civil Rights Act, Due Process, Equal Protection)
62. Plaintiff repeats and realleges the allegations contained in paragraphs 1-61 of the
63. Defendants are "persons" within the definition of the New Jersey Civil Rights Act
at N.J.S.A. 10:6-2, et seq. and required to act pursuant to the requirements expressed therein.
incapable of or unable to pay their fines.
67. This policy requires individuals to pay fines less than $200 in full on the date of
exceeding $200.
68. Application of this policy to Plaintiff had the effect of depriving him of due
process and equal protection guaranteed under the New Jersey State Constitution
69. Plaintiff appeared at the Burlington Township Municipal Court on the date of his
hearing in order to satisfy his fine in full. Plaintiff advised Defendants that he was unable to pay
in full on that date and requested alternative arrangements ..
16
70. The New Jersey State Legislature has established for municipal court judges "the
outer limits of incarceration necessary to satisfy its penological interests and policies" regarding
this traffic offense. The statute requires a municipal court judge to allow a municipal defendant
to pay his fines in installments.
71. By sentencing Defendant to five (5) days in prison for being unable to pay his
fines on the date in question, and by further refusing to consider any alternative arrangements
prior to sentencing the Defendant to prison, Judge Mcinerney violated Defendant's Equal
Protection and Due Process rights, violated N.J.S.A. 10:6-2, and clear established law in the
State ofNew Jersey.
72. Defendants failed to request or otherwise consider any explanation regarding
Plaintiffs ability to pay.
73. Defendants incarcerated Plaintiff solely by reason of his indigency.
74. By and through their course of conduct as alleged herein, Defendants deprived
Plaintiff of his rights, privileges or immunities secured by the United States Constitution,
deprived Plaintiff of his liberty without due process oflaw, and deprived Plaintiff of his rights to
equal protection under the Law.
75. By further refusing or neglecting to prevent such deprivations and denials to
Plaintiff, Defendants thereby deprived him of his rights, privileges and immunities as guaranteed
by the Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States and the
Constitution of the State ofNew Jersey.
with reckless disregard of Plaintiffs rights.
17
include litigation expenses including attorney fees, loss ofreputation, humiliation,
embarrassment, inconvenience, mental and emotional anguish and distress and other
Defendants:


C. Judge Mclnerney's conduct in suppressing Plaintiffs testimony, refusing

E. Mr. Kneisser's conviction and sentence be vacated in the interests of

justice;
F. Sanctions;

anguish
H. Punitive damages;
J. Any other relief as the Comt deems just and equitable.
18
COUNT IV
(Fine Only Offense)
Complaint as is more fully set forth herein.
79. The statute through which Plaintiff was convicted under was N.J.S.A. § 39:4-64, a
fine only offense. Pursuant to N.J.S.A. § 39:4-64, "Any person who violates this section shall be
subject to a fine of not less than$ 200 or more than$ l,OOO'for each offense."
80. Judge Mcinerney lacked the authority to transfer this fine-only offense to a term
of imprisonment.
81. The imposition of a penalty for commitment of an offense is to "achieve the
punitive end which the fine was imposed to achieve but failed to achieve." De Bonis, 58 N.J. at
192. The New Jersey State Legislature specifically recognized that the only way to properly
"achieve the punitive end" for a littering offense was to have the responsible party pay a fine,
and only a fine.
82. The Legislature clearly recognized in enacting N.J.S.A. § 39:4-64 as a fine-only
offense that it would serve no penological objective to incarcerate a defendant under the statute's
provisions. No method, other than payment of a fine, could achieve the "intended punitive end"
of the statute. State v. O'Toole, 162 N.J. Super. 339 (App. Div. 1978).
83. Judge Mclnerney did not have the authority or jurisdiction to substitute this
offense with imprisonment.
84. In acting contrary to his authority under New Jersey State law, Defendants
violated Mr. Kneisser' constitutional rights.
19
with reckless disregard of Plaintiffs rights. Such conduct was expressly admonished by the
United States Supreme Court in Tate v. Short, 401 U.S. 395 (1971).
include litigation expenses including attorney fees, loss of reputation, humiliation,
Defendants:


C. The actions of Defendants be declared unconstitutional;
D. The conversion of the fine only offense to a term of imprisonment be

declared unconstitutional;

justice;
F. Sanctions;

anguish
20
COUNTV
(Right to Counsel)
88. When Plaintiff initially appeared before Judge Mcinerney, Judge Mcinerney
asked Plaintiff whether he sought to be represented by counsel prior to rendering his plea for his
traffic offense.
89. Plaintiff indicated he was waiving his right to counsel with respect to those
charges only. Plaintiff did not waive his right to be represented regarding his imprisonment.
90. Judge Mcinerney thereafter sentenced Plaintiff to the Burlington County Prison
without first giving Plaintiff an opportunity to be heard or be represented by counsel regarding
his ce1tain incarceration.
91. This was clearly in violation of Plaintiffs right to counsel under the United States
and New Jersey Constitution. See Pasqua v. Council, 186 N.J. 127 (2006).
92. Plaintiff had a right to counsel before being sentenced to a term of imprisonment.
with reckless disregard of Plaintiffs rights.
94. As a result of their unlawful and malicious detention and confinement of Plaintiff,
Defendants deprived Plaintiff of his constitutional right to counsel.
21
Defendants:


eajoined from further implementation of this unconstitutional policy;
D. Mr. Kneisser's conviction and sentence be vacated in the interests of

justice;
E. Sanctions;
F. Compensatory damages for pain, suffering, stress, humiliation and mental

anguish
G. Punitive damages;
H. Attorneys' fees, interest and costs of suit; and
I. Any other relief as the Court deems just and equitable.
COUNT VI
(Intentional Misconduct)
97. Defendants lacked the legal authority to convert this fine-only offense into a term
of imprisonment and further lacked the authority to sentence Plaintiff to jail for his inability to
pay his fine.
98. As a result of Defendants' misconduct, Mr. Kneisser was atTested, detained and
confined against his will
22
99. By and through their conduct as alleged herein, including sentencing Plaintiff to
jail, detaining him, and holding him against his will, Defendants falsely arrested and falsely
imprisoned Plaintiff, without the authority to do so.
100. Plaintiff was aware of and harmed by the detention and confinement.
I 0 I. As a result, Defendants are liable to Plaintiff for damages.
I 02. The aforesaid unlawful acts of Defendants were done willfully, maliciously and
with callous disregard of Plaintiffs rights.
I 03. As a result of their unlawful and malicious detention and confinement of Plaintiff,
Defendants deprived Plaintiff of both his right to his liberty without due process of law and his
right to equal protection of the laws in violation of the United States and New Jersey
Constitution.
Defendants:
A. Declaration that the policy of Judge Mclnerney, Burlington Township, and


employees and agents, including, but not limited to, Judge Mclnemey be
23
D. Mr. Kneisser's conviction and sentence be vacated in the interests of

justice;
E. Sanctions;
F. Compensatory damages for pain, suffering, stress, humiliation and mental

anguish
G. Punitive damages;
H. Attorneys' fees, interest and costs of suit; and
I. Any other relief as the Court deems just and equitable.
COUNT VII
(Personal Liability of Judge Mcinerney)
106. Judge Mcinerney suppressed Mr. Kneisser's testimony and refused to hear or
consider any explanation regarding Mr. Kneisser's indigency or inability to pay his fine in full on
the date of his hearing. Instead, Judge Mcinerney, being fully aware of the law regarding
incarcerating a municipal defendant, attempted to circumvent the law, falsified Mr. Kneisser's
testimony and the relevant facts of this case, and concluded that Mr. Kneisser was "refusing" to
pay his fine. In no case can an inability to pay be equated to a refusal to do so.
107. Judge Mcinerney thereafter sentenced Mr. Kneisser to prison solely because he
could not collect and solely to apply his unconstitutional policy. His decision to sentence Mr.
Kneisser, or any other municipal defendant, to prison was predetermined from the outset, and
clearly expressed in his opening statement: if a defendant could not pay, Judge Mcinerney would
falsify and misrepresent the facts, claim the defendant was "refusing" to pay, and sentence him
to prison. Judge Mcinerney did so without any consideration of the financial circumstances of
the defendant and without any attempt to discern same. Such conduct was willful, fraudulent and
24
malicious, in blatant disregard of the United States and New Jersey Constitutions and,
specifically, Mr. Kneisser's Constitutional rights.
108. Judge Mcinerney is not entitled to judicial immunity for his willful and malicious
conduct and is, therefore, personally liable to Plaintiff for damages caused by same.
109. As a direct and proximate result of Judge Mclnerney's willful and malicious
violations of Mr. Kneisser's Constitutional rights, Mr. Kneisser has suffered severe and
substantial damages. These damages include litigation expenses including attorney fees, loss of
reputation, humiliation, embarrassment, inconvenience, mental and emotional anguish and
distress and other compensatory damages in an amount to be determined by a jury and the Court.
WHEREFORE Plaintiff, Anthony Kneisser, demands the following relief against Judge
Mcinerney:
A. Declaration that the policy of Judge Mcinerney, Burlington Township, and


C. Judge Mclnerney's conduct in suppressing Plaintiff's testimony, refusing


justice;
F. Sanctions;

anguish
25
JURY DEMAND
Plaintiff demands a trial by jury on all issues permitted to be tried by a jury.
CERTIFICATION
I, ANTHONY KNEISSER, declare under penalty of perjury that the foregoing is true and
correct.
Anthony Kn sser
18 Short Hills Boulevard
Jackson, New Jersey 08527
Dated: q/23/ [5 MARG ERITE KNEISSER, ESQ.

CARLUCCIO, LEONE, DIMON,
DOYLE & SACKS LLC
9 Robbins Street
Toms River, New Jersey 08753
Attorneys for Plaintiff
26
Case 1:15-cv-07043-NLH-AMD Document 1-1 Filed 09/23/15 Page 1 of 1 PageID: 26
JS 44 (Rev. 12112) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadin&s or other papers as required by law, except as
provided by local n1les of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SHI\ INSTRUCTIONS ON Nl<:.\7' PAGJ\ 01•' THIS FOUM.)
I. {a) PLAINTIFFS DEFENDANTS

Anthony Kneisser The Honorable Dennis P. Mcinerney, Individually and in his official
capacity as Municipal Court Judge; Burlington Township Municipal
Court; Township of Burlington; John Does HO
(b) County of Residence of First Listed Plaintiff ,O~c~e~a~n~-- County of Residence of First Listed Defendant ~B~u~r~li~n~g~to=n~-----
(liXCHP1' JN U.•S'. PJ.AJN111•1'l.'ASEl) (/N U.S. PLAJNTIJ.Jl CASh'S ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
( C) Attorneys (Firm Ntime, Addre.~.~. Hnwil and Telephone N11mbe1~ Attorneys (J/K11own)
Marguerite Kneisser, Esq.,Carluccio, Leone, Dimon, Doyle & Sacks, LLC Unknown.
9 Robbins Street, Toms River, New Jersey 08753
[email protected]; 732-797-1600
II. BASIS OF JURISDICTION (Place a" '"X"inOnenox011IJ~ Ill. CITIZENSHJP OF PRINCIPAL PARTIES (Placem1"X"111011e BoxforPlalmiff
(For Di1,ersily Caus 011/J~ and One Box/or Defendant)
0 I U.S. Government l!I 3 Federal Question PTI<' DEF PTF DEF
Plaintiff (U.S. Gol'en1111em Nol a Parl)~ Citizen ofThis State 0 I 0 I Incorporate-0 01• Principal Place 0 4 0 4
ofBusiness In This State
0 2 U.S. Government 0 4 Diversity Citizen of Anolher State 0 2 0 2 Incorporated a11dPrincipal Place 0 5 0 5

Defendant (l11dicate Cilize11sllip ofPm•ties 111 //em Ill) ofBusiness Jn Another State
Citizen or Subject ofa 0 3 0 3 Foreign Nation a 6 o 6

Forei n Coun
IV NATURE OF SUIT (l'lacem1 "Y" i11DneBoxo111~,
1. CONTRA1T TORTS FORFEITURE/"ENALTY BANKRUPTCY OTHER STATUTES
0 110 Insurance PERSONAi, INJURY PERSONAi, INJURY 0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims Act
0 120 Marine 0 3 IO Airplane 0 365 Personal Injury - ofPrnperty 21 use 881 0 423 Withdrawal 0 400 State Reapportionment
0 130Miller Act 0 315 Airplane Product Product Liability 0 690 O!her 28USC 157 0 410 Antitrust
0 140 Negotiable Instrument Liability 0 367 IIealth Care/ 0 430 Banks and Banking
0 150 Recovery of Overpayment 0 320 Assault, Libel & Plmrmacelltical E Y•I 0 450 Commerce
& Enforcemc11t of Judgment Slander Personal llljury 0 820 Copyrights 0 460 Deportation
0 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent 0 470 Racketeer Influenced and
0 152 Reeove1y ofDefaulted Liability 0 368 Asbestos Personal 0 840Trademark Coll"upt Organizations
Student Loans 0 340Marine Injury Product 0 480 Co1lsumer Credit
(E.xcludes Veterans} 0 345 l\larine Product Liability 0 490 Cable/Sat TV
0 153 Recovery of0,'erpayment Liability PERSONAL PROPERTY 0 7 IO Fair Labor Standards 0 861 HtA (1395fI) 0 850 Securities/Commodities/
ofVeteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Ao! 0 862 Black Lw1g (923) Exchange
0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Tmth in Lending 0 720 Labor/Management 0 863 DIWC/DIW\V (405(g)) 0 890 Other Statutory Actions
0 190 Other Contract Product Liability 0 380 O!herPersonal Relations a 864 SSJD Title XVI 0 891 Agricultural Acts
0 195 Contract Product Liability 0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RSJ (405(g)) 0 893 Environmental Matters
0 196 Franchise Injury 0 385 Property Damage 0 751 Family and Medical 0 895 Freedom oflnformation
0 362 Personal Injury- Product Liability Leave Act Aot
Medical Malnractice 0 790 O!her Labor Litigation 0 896 Arbitration
RE"- L PROPERTY PR! 0 791 Employee Retirement 0 899 Administrative Procedure
'0 210LandCondcmnation
'IVIL RI HTS
111440 Other Civil Rights
ER PETITIONS
Habeas Corpus: Income Security Act
FEDERAL TAX IT"'
0 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) Agency Decision
0 230 Rent Lease & Ejcctment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS-Third Party 0 950 Constitutionality of
0 240 Torts to Land 0 443 Housing/ Sentence 26USC 7609 State Statutes
0 245 Tort Product Liability Accommodations 0 530 General
0 290 All Other Real Property 0 445 Amer. w/Disabilities • 0 535 Death Penalty :IMMIGRATION
Employment Other: 0 462 Naturalization Application
0 446 Amer. w/Disabilities • 0 540 Mandan1us & Other 0 465 Other Immigration
Other 0 550 Civil Rights Actions
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
Confinement
V. ORJGIN (Plocem1 ''.X""i11011rBox011lJ~

)g( 1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not c/tej11rlsdlctio11al stot11tes 1111/e,fs diver.flt>~:
VI • CA U SE 0 FACTIO N ~4~2~u~.s~·~c~·~1~9~a~3~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Brief description of cause:
Plaintiff alleges a violation of his Civil and Constitutional Rights resulting from unlawful municipal court sentence
VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACflON DEl\1AND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ~ Yes 0 No
VIII. RELATED CASE(S)
(See /11s1ructio11s):
IF ANY JUDGE DOCKET NUMBER
SIGNATURE OF AlTORNEY OF RECORD
RECEIPT# AMOUNT APPLYING JFP JUDGE MAG.JUDGE

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Case 1:15-cv-07043-NLH-AMD Document 1 Filed 09/23/15 Page 1 of 25 PageID: 1

UNITED STATES DISTRICT COURT

ANTHONY KNEISSER, CIVIL ACTION NO.

the Township of Burlington Municipal Court; Township of Burlington; Township of Burlington

Municipal Court; and John Does 1-10, says:

NATURE OF THE ACTION

JURISDICTION AND VENUE

3. The declaratory and injunctive relief sought by Plaintiff is authorized by 28

of New Jersey, Camden Division.

6. Plaintiff, Anthony Kneisser (hereinafter "Mr. Kneisser" or "Plaintiff'') is an

Ocean, State of New Jersey.

7. Defendant, Dennis P. Mclnerney, J.S.C. ("Judge Mclnerney"), is an adult

8. Defendant, Township of Burlington, is a municipality organized under the Laws

establish policies on behalf of the Township and the Municipal Court.

9. Defendant, Burlington Township Municipal Court is a municipal court established

Complaint shall be amended.

on behalf of Burlington Township.

FACTS COMMON TO ALL COUNTS

the offense, with court costs and fees, was $239.

request to Judge Mcinerney.

Mclnerney rendered his opening remarks as follows:

(May 27, 2014 Hearing Transcript, pp. 5-6).

MR. KNEISSER: Yes.

THE COURT: Are you ready to proceed without a lawyer?

MR. KNEISSER: Yes.

THE COURT: How do you wish to plea?

MR. KNEISSER: Cigarette butt on the turnpike.

MR. KNEISSER: All right.

(May 27 Tr., p. 8, ifl-3).

YOU ARE REQUIRED TO MAKE AT

IF YOUR FINES TOTAL $200 OR LESS:

YOU ARE REQUIRED TO PAY YOUR

colloquy took place:

MR. KNEISSER: I don't have anything today.

THE COURT: When can you make a payment?

MR. KNEISSER: Early June.

THE COURT: I'm sorry?

MR. KNEISSER: Early June.

MR. KNEISSER: I don't have anyone that (indiscernible).

MR. KNEISSER: Really.

(May 27 Tr., p. 8).

Mr. Kneisser to jail.

Constitutional rights to due process and equal protection, humiliation, embarrassment,

further implementation of this unconstitutional policy.

Complaint as if more fully set forth herein.

38. Defendants implemented an unconstitutional policy and custom to jail offenders

incapable of or unable to pay their fines.

orders and regulations.

protection clause of the United States Constitution.

defendants' guilt or innocence." Id.

43. The policy of Defendants violates these well-established principles in that it

of their indigency. This is violative of equal protection.

is used solely as a collection device and cannot be tolerated.

WHEREFORE Plaintiff, Anthony Kneisser, demands the following relief against

A. Declaration that the policy of Judge Mcinerney, Burlington Township and

B. Burlington Township and the Burlington Township Municipal Court, their

C. Attorneys' fees, interest and costs of suit; and

D. Any other relief as the Court deems just and equitable.

Complaint as if more fully set forth herein.