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, false imprisonment, and malicious prosecution, Plaintiffs Marc Stephens filed a Petition for Rehearing requesting Judges of the United States Court of Appeals for the Third Circuit to correct their errors of fact and law.
On October 31, 2012, at 10pm, three victims were brutally beaten inside the parking lot of a 7-eleven convenient store, in Englewood, New Jersey by a suspect wearing a ski-mask, black jacket, and riding a bike. The attack was witnessed by Natalia Cortes of Englewood.
On November 2, 2012, the victims gave sworn statements to detective Marc McDonald and Desmond Singh of the Englewood Police Department, stating that they were attacked at 7-eleven at 10pm. The victims and witness Natalia Cortes also gave sworn statements that they could not identify the suspects.
On November 8, 2012, Tyrone Stephens, a minor, was falsely arrested by Marc McDonald as the suspect. All police reports and complaints filed with the Bergen County Prosecutor’s office states that Natalia Cortes identified Tyrone as the suspect. In addition, Detective Nathaniel Kinlaw of the Englewood Police Department willfully filed a fabricated police report stating that he over heard Tyrone admitting his involvement in the attack.
Marc Stephens, Tyrone’s older brother and guardian, submitted evidence proving that before the defendants started their criminal investigation, they all confirmed ‘on record’ that Tyrone was seen by the investigator Detective Nathaniel Kinlaw at McDonald’s Restaurant ‘at 10pm’. McDonald’s is almost a mile away from the 7-eleven incident.
“Kinlaw said that he saw you and other people…that was at 10 O’clock he said”, states investigating detective Marc McDonald of the Englewood Police Department during Tyrone Stephens interrogation. see video evidence
During a probable cause hearing, the Bergen County Prosecutor asked, “First of all what was the time that the victims said the attack occurred?” Defendant Marc McDonald testified, “On or about 10pm”.
Judge Gary Wilcox, of the Superior Court in Hackensack, ruled that the defense witness was credible, and based on the timeline of the incident, Tyrone should have been at McDonald’s from 10pm-10:15pm.
On August 26, 2014, Marc Stephens, along with his brother Tyrone Stephens, filed a civil complaint against the defendants.
On November 3, 2015, judge William J. Martini of the U.S. District Court in Newark, awarded the defendants’ Motion for Summary Judgment, stating that the Englewood defendants had probable cause to arrest, and that officers are allowed to fabricate evidence.
On May 3, 2017, a three judge panel from the United States Court of Appeals for the Third Circuit heard and dismissed Appellant Marc Stephens $76M lawsuit.
The 3rd circuit opinion is literally identical to the District Court’s opinion as if it was copied and pasted.
Judges Anthony Joseph Scirica, along with Luis Felipe Restrepo, and Dennis Michael Fisher of the United States Court of Appeals for the Third Circuit erroneously dismissed the case for the following three (3) reasons:
Page 5 of the Opinion reads, “The facts here, viewed most favorably to the Stephenses, do not create a genuine dispute as to whether probable cause existed when Tyrone was arrested. The defendants had three compelling pieces of evidence implicating Tyrone in the attack: (1) the identification by Natalia Cortes; (2) the statement made by Justin Evans that Tyrone had participated in the attack; and (3) inconsistencies in testimony regarding Tyrone’s alibi. This evidence was more than sufficient to establish probable cause. See Wilson v. Russo, 212 F.3d 781, 790 (3d Cir. 2000)”.
This case is straightforward. It is very obvious that the Judges overlooked all of Marc’s evidence on record.
On July 27, 2017, after the court denied Marc’s motion requesting the court to investigate why his evidence was removed from ECF, Marc Stephens filed several motions for suspension of the rules stating the following:
1. Natalia Cortes did not identify Tyrone, see Motion - 8 pages
2. The defendants admitted that they coerced Justin Evans to implicate Tyrone Stephens, see Motion - 3 pages
3. There are no inconsistencies in testimony regarding Tyrone’s alibi, see Motion - 5 pages
On August 21, 2017, Marc Stephens submitted his Petition for Rehearing. The court stated the petition was out of compliance.
On September 8, 2017, Marc submitted a motion to amend the petition for rehearing. Marc Stephens reduced the word count to 3,700, and 10 pages.
On September 11, 2017, the court granted Marc Stephens amended Petition for Rehearing.
Marc Stephens' main argument is that the Englewood defendants 'testified in court' that the victims were attacked at "7-eleven at 10pm", and the defendants also testified that all investigating officers confirmed that Detective Kinlaw stated that he saw Tyrone at "McDonalds at 10pm".
If the victims were attacked at 7-eleven at 10pm, and all Englewood investigators saw Tyrone at McDonalds at 10pm, probable cause did not exist for the officers to arrest Tyrone Stephens.
Tyrone spent 1 year and 35 days in jail for a crime he clearly did not commit.
Copy of Marc Stephens vs City of Englewood (no. 16-1868) Petition for Rehearing