NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-1306 __________ JOSEPH ARUANNO, Appellant v. MARCYVES MAURICE, C/O; JOHN/JANE DOES 1-20 et al. ____________________________________ On Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 2-14-cv-04796) District Judge: Honorable William J. Martini ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) December 10, 2018 Before: MCKEE, COWEN and ROTH, Circuit Judges (Opinion filed: October 30, 2019) ___________ OPINION * ___________ PER CURIAM Joseph Aruanno appeals from an order of the United States District Court for the District of New Jersey, which granted the motion for summary judgment filed by * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Defendant Marcyves Maurice in Aruanno’s civil rights case. For the reasons that follow, we will vacate the judgment and remand for further proceedings. Aruanno is a civilly committed sexually violent predator, housed at the Special Treatment Unit (“STU”) in Avenel, New Jersey. In 2014, he filed a complaint alleging that, on August 1, 2012, Maurice, a correctional officer at the STU, pushed him and later came into his cell and assaulted him. Maurice filed a motion for summary judgment, arguing that no evidence in the record supported Aruanno’s claims for excessive force, and in the alternative, that he was entitled to qualified immunity. According to Aruanno’s deposition, the incident occurred when Aruanno told Maurice that he needed to see the sergeant to raise a concern about another resident of the STU. Maurice told him that he would have to wait. Dkt. #50 at 9-10. Aruanno then went to the phone and tried to dial 9-1-1. Id. at 11. Maurice made him hang up and the two had a “push and shove match.” Id. Aruanno then went to his cell, but Maurice came in a few minutes later and “started making threats.” Id. at 12. Aruanno told him, “You’d better get the fuck out of here, asshole,” and Maurice “started throwing punches.” Id. They were “grasping [at] each other” and after Maurice issued a threat, the fight stopped and Maurice left. Id. at 12-13. Aruanno bit his tongue during one of the punches and had a little bit of blood coming from his mouth. Id. at 14. He also had a headache for a couple of days. Id. at 13. He did not file a grievance or seek medical attention because he believed the STU would put him in protective custody if he complained. Id. at 14. 2 The District Court granted Maurice’s summary judgment motion, agreeing that the record did not support Aruanno’s claims, and that even if his allegations were true, Maurice did not violate his constitutional rights. Aruanno timely appealed. We have jurisdiction under 28 U.S.C. § 1291. 1 We review the District Court’s ruling on a motion for summary judgment de novo. Barefoot Architect, Inc. v. Bunge, 632 F.3d 822, 826 (3d Cir. 2011). Summary judgment is ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals