NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

_____________ No. 15

- 2642

_____________ EST ATE OF PHILLIP CARL MARTIN, JR. ; LINDA MARTIN, Administratrix of the Estate; LINDA MART IN, In her own righ t ; DWAYNE MARTIN; PHILLIP COREY CLAX; BRYHEM ISAAC CLAX, Appellants

v. UNITED STATES MARSHALS SERVICE AGENTS; CHRISTOPHER LEONE; EDWARD FALLON; BARRETT JOHNSON; TIMOTHY O'BRIEN; JOHN HUNSINGER; KEVIN CUNANE; WILLIAM WILEY; JEROME SCOTT; CAMDEN COUNTY BOARD OF CHOSEN FREEHOLDERS; JOHN ELLIS; JOHN GREER; GARY MCBRIDE; PATRICK DALEY; UNKNOWN JOHN DOE EMPLOYEES 19

- 100, I n their o fficial and i ndividual c apacities; WARRE N W. FAULK; CAMDEN COUNTY PROSECUTOR ; CITY OF CAMDEN POLICE DEPARTMENT; KEITH JAMES; WAYNE MATTHEWS; LT. JAMES PHILLIPS; Capt. H. LEONE; Lt. ORLANDO CUEVAS; Lt. JOSEPH SAPONARE; and other unknown John Doe Officers 19

- 100, In their o fficial and i ndividual c apacit ies; GERALD FEIGIN, M.D.; GLOUCESTER CAMDEN SALEM MEDICAL EXAMINER OFFICE,

I n their official and individual capacities

_______________ On Appeal from the United States District Court for the District of New Jersey (D.C. C ivi l No. 3

- 10

- c v - 0 0066 ) Dist r ict Judge: Hon. Peter G. Sheridan

_______________ Argued April 6 , 2016 BEFORE: FISHER, COWEN and RENDELL , Circuit Judges2 (Filed: May 10, 2016 )
Olugbenga O. Abiona, Esq. (Argued) 1433 South 4th Street 1st Floor Philadelphia, PA 19147 William F. Joseph, Esq. 18 North Lansdowne Avenue 2nd Floor Lansdowne, PA 19050 Counsel for Appellants Estate of Phillip Carl Martin, Jr., Linda M. Martin, Dwayne Martin, Phillip Corey Clax and Bryhem Isaac Clax David V. Bober, Esq. (Argued) Office of United States Attorney 402 East State Street Trenton, NJ 08608 Counsel for Appellees United States Marshals, Christopher Leone, Edward Fallon, Barrett Johnson, Timothy O’Brien, John Hunsinger, Kevin Cunane , William Wiley and Jerome Scott
Ho ward I. Goldberg, Esq. (Argued) Office of Camden County Counsel 520 Market Street 14th Floor, Courthouse Camden, NJ 08101 Counsel for Appellee s Camden County Board of Chosen Freeholders , Patrick Daley and Gerald Feigin Barbara E. Riefberg, Esq. (Argu ed) Ashley H. Buono, Esq. Shimberg & Friel 20 Brace Road3

Suite 350 Cherry Hill, NJ 08034 Elyse G. Crawford, Esq. Parker McCay 9000 Midlantic Drive Suite 300 Mount Laurel, NJ 08054 Counsel for Appellees John Ellis and Gary McBride Timothy J. Galanaugh, Esq. (Argued) Office of City Attorney City of Camden Suite 419 520 Market Street P.O. Box 95120 Camden, NJ 08101 Counsel for Appellees City of Camden Police Department, Orlando Cuevas, William Wiley , Wayne Matthews, H. Leone, Joseph Saponare, Keith J ames and James Phillips

______________ OPINION *

_____________
COWEN, Circuit Judge

. Plaintiffs Estate of Phillip Carl Martin, Jr., Linda Martin, Dwayne Martin, Philip Corey Clax, and Bryhem Isaac Clax appeal from a series of orders entered by the Unit ed

* This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not co nstitute binding precedent.4

States District Court for the District of New Jersey grantin g summary judgment in favor
of D efendants. We will affirm.
I. This case arises out of the death of Phillip Carl Martin, Jr. (“Martin”) . Martin died shortly after the entry of several deputiz ed United States marshals into the home of his mother (Linda Martin) from a gunshot wound to the head. Linda Martin (acting in her own right and as the administrator of his estate ) , Dwayne Martin ( his brother), and Martin’s two sons (Phillip Corey Clax an d Bryhem Isaac Clax) (collectively, “Plaintiffs”) filed suit against a number of D efendants, alleging various claims under the United States Constitution and New Jersey law. For purposes of this appeal, D efendants can be sorted into the following four cat egories: (1) the “Marshals,” i.e., state or local law enforcement officers deputized as members of the N ew York /N ew J ersey Regional Fugitive Task
Force (Christopher Leone, Edward Fallon, Barrett Johnson, Timothy O’Brien, Jerome Scott, John Hunsinger, and Kevin Cunane) ; (2) two investigators working for the Camden County Prosecutor’ s Office (John Ellis and Gary McBride ( “Investigators”) ) ; (3) the Camden County Board of Chosen Freeholders, Gerald Feig i n, M.D., and Patrick Daley (“Camden County Defendants”); and (4) Wayne Matthews, Joseph Saponare, Keith James, H. Leone, Orlando Cuevas, James Phillips, and the Cam den Police Department (“Camden City Defendants”). Plaintiffs urged that the Defendants used excessive force, one of the Marshals shot Martin, and th ere was a conspiracy to cover this up.5

The Marsha ls, Investigators, Camden C ounty Defendants, and Camden City
Defendants moved for summary judgm ent . T he District Court heard oral argument on their motions . For the reasons it set forth in a comprehensi ve and well

- reasoned opinion,
the District Court granted the respective summary judgment motions except as to the Plaintiffs’ claims “regarding the unlawful detention of Linda and Dwayne Martin by the
individual Camden City Defendants and by Defendant Gary McBride of the Camden County Prosecutor’s Office.” (A119

- A1 20.) Because the parties were focused on the excessive force and conspiracy claims and there was some confusion as to “what actions of Defendants’, Plaintiffs’ various causes of action were dire cted at,” the remaining Defendants were given thirty days to file motions for summar y judgment “on the narrow issues that remain before proceeding to trial.” (A120.) The District Court subsequently granted the respective summary judgment motions filed by James, McBride, Matthew s , and the Camden City Police Department and Phillip s. 1
II.
Plaintiffs have asserted a number of claims , including allegations that the Marshals’ entry violated the Fourth Amendment, an excessive force cause of action under
the Fo urth Amendment, conspiracy allegations under 42 U.S.C. § 1983 , various state law
claims , a Fourth Amendment cause of action for unlawful arrest, detention, and interrogation , and claims of municipal liability pursuant to Monell v. New York City

1 The Fourth Amendment unlawful seizure claim against William Wiley (a Camden City police officer ) went to trial, and the jury returned a verdict in Wiley’s favor.6

Department of Social Services , 436 U.S. 658 (1978). 2 W e conclude that the District Court appropriately granted summary judgment in Defendants ’ favor

. “Plaintiffs Linda Martin and Dwayne Martin assert claims of violation of their 4 th Amendment rights against Defenda nts Kevin Cunane, Christopher Leone, Barry Johnson, John Hunsinger, and Tim O’Brien, who busted into Plaintiff’s home at about 6:30 a.m. on January 8, 2008, without a search warrant, without any exigency circumstances and
without invitation from or free co nsent of the Plaintiffs.” (Appellants’ Brief at 8 (citi ng A1703

- A1705).) Nevertheless , an arrest warrant was issued by a Virginia state court for
Martin because he had failed to appear on charges of eluding police , being an habitual offender, and possess ion of a firearm by a convicted felon. There were also outstanding Virginia arrest warrants for probation violations and assault and battery, and Martin was a suspect in a s tring of home invasions in Roano ke City, Virginia. I n order to enter a home
pursu ant to an arrest warrant , law enforcement officers must possess “ probable cause to
belie ve [the] arrestee resides at and is then present within the residence.” United States v. Vasquez

- Algarin , No. 15

- 1941, slip op. at 26 ( 3d Cir. May 2, 2016). At the ti me they approached the residence (103 S. 35th Street , Camden, New Jersey ) , the Marshals had: (1) an outstanding arrest warrant issued by a New Jersey municipal court judge for Martin (admittedly dated July 11, 1995)

— listing “103 S. 35th St” as his address (A674); (2)

2 The District Court had subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1367 . We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review over a district court’s decision to grant summary judgment. See, e.g. , T wp. of Piscataway v. Duke Energy , 488 F.3d 203, 208 (3d Cir. 2007). “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material7

information received from a deputy marshal in Virginia indicating that Martin had contacted a cooperating witness “ on their cell phone from a blocked number ” and that, based on a review of the phone records, Martin had called from a cell phone “ subscribed to by ” Dwayne Martin, who resides at 103 S. 35th Street (A667) ; and (3) they already
visited and searched another location ( the residence of Martin’s girlfriend )

— thereby ruling this address out as a possibility . According to Linda Martin’s de position testimony, the Marshals asked “who was in the house with you , ” and she said, “My son Dwayne and Phillip.” (A1698 (emphasis omitted) .) Plaintiffs point to the statement she
made on the day of the shooting in which she claimed that the Marshals en tered before they knew Martin was there and that, when she was asked who was there after answering the door, she simply said “me and my two sons.’” (A682.) Even if she had only

ment ioned “my two sons,” the Marshals had probable cause to believe that Mart in lived in the residence and was present at that time in light of the municipal court arrest warrant, the information received regarding the phone call, and the unsuccessful search of the girlfriend’s residence. Regarding the wrongful death and conspi racy allegations, as the Marshals point out, there was no real evidence indicating that anyone shot Martin other than Martin
himself. The District Court aptly explained that “there has been no evidence produced that anyone currently living saw this shot b eing fired.” (A58.) In particular, Dwayne Martin testified at his deposition that he could see the Marshals on the stairs (i.e., their

fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).8

backs from head to toes) , the Marshals were never completely out of his sight, and they always remained on the stairs. He heard a single gunshot. Asked if he saw who fired the gun, Dwayne Martin answered in the negative. The following exchange then occurred: Q Earlier you said that the Marshals Service were never out of sight. Did you see any U.S. Marshals Agent fire their gun ?
A. No. (A1767.) Even if Dwayne Martin was asked “ questions posed with regard to an exhibit showing the interior steps of the house” (Appellants’ Reply Brief at 5 (citing A1766)) , we do not see how such a line of questioning could have confus ed him, especially with respect to a direct (and critical) question as to whether he saw the Marshals fire the shot. According to Plaintiffs , “Dwayne’s statement to investigators explicitly confir ms his belief that officers who climbed the stairs ‘shot at ’ Phi l lip, and did so he suggests when they ‘went in into his’ room.” ( Id. at 4

- 5 (quoting A691).) Nevertheless, McBride asked him the following question: “They didn’ t shoot did they?” (A693.) Dwayne Martin’s
answered in one word

— “No.” ( Id. )
Plaint iffs turn, inter alia, to several expert reports as well as to various inconsistencies in the Defendants’ accounts of what happened. However , we cannot find that any of these purported inconstancies were material, especially in light of Dwayne Martin’s ow n eyewitness account. In addition, “Plaintiff’s three expert reports do nothing to change the Court’s conclusion that Plaintiffs have offered no plausible theory to support their version of the facts and to controvert the well

- supported narrative offered by9

Defendants.” (A81.) For instance, the Plaintiffs’ pathologist (Dr. Emily Wofford Ward)
criticized D r. Feigin, claiming that “‘his photographic documentation of the findings is inadequate for any reasonable interpretation that Phillip Martin’s sudden d eath was a suicide.’” (Appellants’ Brief at 15.) As the District Court noted, Dr. Feigin based his findings on the autopsy he had conducted while, “Dr

. Ward, on the other hand, does base her opinion on the photograph, and even though she believes the qua lity is so poor that ‘any interpretation’ would be ‘conjecture,’ she opines that Phillip’s death ‘was not the
result of a self

- inflicted contact wound.’” 3 (A82

- A83 (quoting A1509 ).) According to Plaintiffs, there was sufficient evidence for a jury to conclude that the Defendants engaged in a conspiracy to cover up the fact that Martin was shot by one
of the Marshals. They indicate that this conspiracy theory should go forward “[i]f the jury concludes that Phillip Martin did not died from self

- inflicte d gunshot wound, but from the gun shot by one of the U.S. Marshals.” (Appellants’ Brief at 31 (emphasis omitted) .) However, we have already determined that there was no real evidence indicating that a Marshal shot Martin. In any event, a § 1983 conspira cy claim still requires “ a ‘ “ meeting
of the minds. ” ’” Startzell v. City of Phila

. , 533 F.3d 183, 205 (3d Cir. 2008) (quoting

3 We also question whether Martin’s shooting could r eally be compared to a typical “throw down” incident. After all, Defendants claim that Martin shot himself

— and not that the Marshals shot him bec ause he purportedly had a gun. Plaintiffs also assert, inter alia, that the Marshals should have given Marti n a chance to surrender before heading upstairs with their guns drawn. As the District Court explained, “officers approaching a fugitive felon with a long string of convictions, outstanding weapons charges, and multiple arrest warrants must be afforded wi de latitude in determining how best to effectuate the arrest.” (A89.)10

Adickes v. S.H. Kress & Co. , 398 U.S. 1 44, 158 (1970 )). A plaintiff must rely on more than his or her own suspicion and speculati on to satisfy this requirement. See, e.g. , Young v. Kann , 926 F.2d 1396, 1405 n.16 (3d Cir. 1991). We find that there was no evidence that the numerous Defendants implicated in this appeal actually reached an agreement amongst themselves to engage in a c over - up. T he District Court appropriately disposed of Plaintiffs’ state law allegations. Pursuant to the New Jersey Tort Claims Act (“NJTCA”), an individual may not sue a public entity or p ublic employee unless he or she submits a notice of claim. See N.J. Stat.
Ann. § 59:8

- 3. The notice must include the following:

a. The name and post office address of the claimant; b. The post

- office address to which the person presenting the claim desires notices to be sent; c. The date, place and other circum stances of the occurrence or transaction which gave rise to the claim asserted; d. A general description of the injury, damage or loss incurred so far as it may be known at the time of presentation of the claim; e. The name or names of the public entit y, employee or employees causing the injury, damage or loss, if known; and f. The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the tim e of the presentation of the claim, together with the basis of computation of the amount claimed.
N.J. Stat. Ann. § 59:8

- 4. Plaintiffs argue that Linda Martin’s March 2 3 , 2008 letter met th is notice of claim requirement

. However , “[t] he letter does not even provide notice that the Martins intended to seek money damages; rather, it merely complains about the11

conduct of various law enforcement officers and asks for information about what occurred.” (A119.) In turn, the body of the l etter did not mention the autopsy performed by Dr. Fe i gen or the other Camden County Defendants (and, w ith respect to the Investigators , it merely stated that Linda Martin was asked again and again whether she knew the officers were United States marshals). W e accordingly find that this let ter failed to satisfy the NJTCA. 4 With respect to Plaintiffs’ argument that, “Defendants Camden City Police Department, Phillips, McBride and Matthews subjected Linda and Dwayne Martin to
unlawful arres t, detention and interrogation,” the District Court was also correct. (Appellants’ B rief at 53 (emphasis omitted).) “T he essential purpose of the proscriptions
in the Fourth Amendment is to impose a standard of ‘reasonableness’ upon the exercise of discretion by government officials.” ( Id. at 56 ( citing Marshall v. Barlow’s Inc., Inc. , 436
U.S. 307, 312 (1978)). ) Linda Martin was understandably upset because she had been
taken to a police station (in nightclothes and without shoes) after a shooting in her home and learning that her son had died. Nevertheless, law enforcement personnel had to

4 According to their appellate brief, “Plaintiffs have also asserted common law claims of wrongful death and survival actions against these U.S. Marshals” (Appellants’ Brief at 7 ) , an d Dr. Feigin violated the New Jersey’s State Medical Examiner Act (as well as its accompanying regulations), the New Jersey Constitution, and the New Jersey Civil Rights Act. Plaintiffs nevertheless fail to mention the District Court ’s determination that common law claims “cannot be brought against federal officers; rather, they must be brought pursuant to the Federal Tort Claims Act ( ‘ FTCA ’) and satisfy its exhaustion requirements ,” which was not done here. (A96

- A97 ( citing 28 U.S.C. § 2679(b ) ).) Simila rly, it appears u ndisputed that Plaintiffs’ claims under the New Jersey Constitution and the New Jersey Civil Ri ghts Act trigger the same legal elements and principles as her (unsuccessful) federal causes of action.12

secure the scene and begin an investigation into what had happened. See, e.g. , Muehler v.
Mena , 544 U.S. 93, 102 (2005) ( “In summary, the officers’ detention of Mena in handcuffs during the execut ion of the search warrant was reasonable and did not violate the Fourth Amendment. Additionally, the officers’ questioning of Mena did not constitute an independent Fourth Amendment violation.” ). McBride did not play any role in the Martins’ detention at the scene or their transp ortation to the police station. Matthews’s involvement (i.e., he participated in the interviews) mirrored those of
McBride. During his interview, Dwayne Martin never asked to leave, claim ed to be held against his will, or refuse d to answer questions. While she stated that she wanted to go home, Linda Martin likewise answered the questions put to her. H er interview also lasted
less than ten minutes

. With respect to Phillips (the purported “Watch Commander” on the scene), there was a lack of evidence from which a reasonable finder of fact could infer that he personally directed

— or had knowledge of, and acquiesced in

— the detention of Linda and Dwayne Martin. See, e.g. , Rode v. Dellarciprete , 845 F.2d 1195, 1207 (3d Cir. 1988). T hus, their conduct was reasonable and consistent with their authority, and the District Court properly granted summary judgment. “When a suit against a municipality is based on § 1983, the municipality can only be liable when the alleged constitutional transgression implements or executes a policy, regulation or decision officially adopted by the governing body or informally adopted by
custom.” Beck v. City of Pittsburgh , 89 F.3d 966, 971 (3d Cir. 1996) (citing Monell ). Custom may be est ablished by evidence of knowledge and acquiescence on the part of13

municipal policymakers. See, e.g. , id. However, the plaintiff must also show that the policy or custom caused his or her injury. See, e.g. , id. at 971

- 7 2; Bielevicz v. Dubinon , 915 F.2d 8 45, 850

- 51 (3d Cir. 1990). Plaintiffs provide no factual or legal support for their contention that, as the “Watch Commander,” Phillips “was like the Chief of Police that day, and his actions and conduct on January 8, 2008 were therefore the act of the
of ficial government policy.” (Appellants’ Brief at 62.) Plaintiffs further cite to their March 23, 2008 letter, but this letter was sent months after Martin was shot and his
mother and brother were t aken to the police station . In the end, Plaintiffs faile d to present evidence establishing “ ‘ a municipal custom coupled with causation, i.e., that policymakers were aware of similar unlawful conduct in the past, but failed to take precautions against future violations, and that this failure, at least in part, l ed to their injury. ’ ” (A114 (quoting Bielevicz , 915 F.2d at 851).)
III. For the foregoing reasons, we will affirm the orders of the District Court.