In a $76 million civil lawsuit against the City of Englewood, Englewood Police Department, Det. Marc McDonald, Det. Desmond Singh, Det. Claudia Cubillos, Det. Santiago Incle Jr., Det. Nathaniel Kinlaw, Nina C. Remson Attorney At Law, LLC, and Comet Law Offices, LLC., for false arrest, conspiracy, defamation, fabricating evidence, and false imprisonment, malicious prosecution Plaintiffs Marc and Tyrone Stephens, case was heard and denied by the United States Court of Appeals for the Third Circuit.
On May 2, 2017, The United States Court of Appeals for the Third Circuit heard the case on the briefs.
On May 3, 2017, the Panel of Judges which included Luis Felipe Restrepo, Anthony Joseph Scirica, and Dennis Michael Fisher ‘affirmed’ the decision of the District Court Judge William J. Martini which denied Marc Stephens complaint against the defendants, and granted the defendants motion for summary judgment.
The 3rd Circuit opinion, which was similar to the opinion of William J. Martini, as if it was copied and pasted, ruled that the Englewood Detectives had probable cause to arrest Tyrone Stephens because Witness Natalia Cortes identified him as the suspect who was wearing a ski-mask.
Cortes must have x-ray vision. The evidence shows Cortes did not identify anyone.
Marc McDonald from the Englewood Police Department also 'testified' that Cortes ‘did not’ identify anyone.
The panel ruled that Marc Stephens ‘did not’ submit evidence. The Panel also would not allow Stephens’ Reply Brief to be submitted on the record, which was loaded with evidence.
Back in January, Marc Stephens filed a motion to extend the pages and word count of his reply brief, which the court denied.
Marc Stephens knew the court was trying to suppress his evidence and legal arguments.
We covered the ‘battle of the briefs’ with an article titled, “Marc Stephens Reply Brief in $76M lawsuit against City of Englewood Removed from the Record by 3rd Circuit Judges", and “Marc Stephens files a Motion for Reconsideration En Banc in $76M lawsuit against City of Englewood”.
The Judges clearly sabotaged the case by overlooking and suppressing the evidence.
The 3rd Circuit incorrectly stated that the incident happened “a little after 10pm”. Defendant Marc McDonald ‘testified’ that “the victims stated” they were attacked “On or about 10pm”.
McDonald also confirmed on record that defendant Kinlaw spotted Tyrone in front of McDonald's at 10pm.
"Kinlaw said he saw you...that was at 10 O'clock", says McDonalds during Tyrone Stephens' interrogation on November 8, 2012.
The 911 dispatch timestamp, which tracks the location of all officers, proved that Kinlaw was in front of McDonald's at 10pm.
The evidence also reveals that the incident took place in the parking lot of 7-eleven at 10pm, and defendant Marc McDonald ‘testified’, for a second time, that Tyrone was located at McDonald’s at 10pm.
In addition, Marc Stephens put forth the opinion and ruling of Judge Gary Wilcox of the Superior court in Hackensack, who handled the criminal case regarding Tyrone Stephens.
Wilcox ruled that according to the time line, Tyrone would have been “at McDonald’s or home during the time of the incident”. According to Wilcox's opinion, it does not matter if the incident at 7-eleven was during 10pm, 10:12pm, 10:15pm, or "a little after 10pm", Tyrone could not have been at the incident.
Wilcox also ruled that Witness Tyrone Roy’s testimony was “credible”. Roy testified that he was with Tyrone Stephens at 'McDonald’s at 10pm' and ate there for about 15 minutes. The evidence shows that the officer's arrived at 7-eleven at 10:15pm, and all of the victims and suspects had already left the scene.
The Judges know by establishing the 10pm timeline in their opinion, they must rule in favor of Marc Stephens. So they are intentionally ignoring and/or changing the time. The District Court incorrectly stated 10:12pm.
According to the 3rd Circuit, a judge must deny a summary judgment if there are "disputed facts".
All evidence is submitted for public viewing in the article titled, “Marc Stephens Open Letter to U.S. Congress and NJ Legislature regarding $76M lawsuit against City of Englewood".
We stated the only way to beat the case was corruption, and that is exactly what happened.
Judges are absolutely immune from liability. It does not matter if it is fraud, or overlooking evidence, they are immune.
Marc Stephens has 14 days to submit a petition for rehearing, which allows Marc to request the court to correct the clear errors of fact and law.