Trenton, NJ – A federal judge has rejected a motion for summary judgment filed by Phillipsburg Patrolman William Lance and the Phillipsburg Police Department, allowing a civil rights lawsuit by Edward Howard Brittain to move forward. The suit alleges that Lance used excessive force during Brittain’s 2020 arrest, causing injuries and property damage.
U.S. District Judge Georgette Castner issued the ruling after reviewing the defendants’ unopposed request to dismiss the case under Rule 56 of the Federal Rules of Civil Procedure. Despite Brittain’s pro se status and limited response, the court found that material issues of fact remained regarding the force used during his arrest, making summary judgment inappropriate.
The case stems from a January 7, 2020 arrest at 23 Bennett Street in Phillipsburg. According to police reports, Brittain was found hiding behind a door and allegedly resisted when officers attempted to handcuff him. Lance admitted striking Brittain in the head to gain control. Brittain, however, contends that he was kneed in the back and beaten after being restrained, breaking his glasses in the process.
Court rules case deserves to be heard
Defendants argued that Brittain’s complaint, filed in 2022, was barred by the statute of limitations and should be dismissed outright. But Judge Castner disagreed, declining to grant judgment without fully resolving factual disputes and procedural issues related to notice and timing.
Brittain’s case, treated as a claim under 42 U.S.C. § 1983, alleges that the officer’s actions violated his Fourth Amendment right to be free from excessive force. The court noted that even though Brittain did not formally cite the statute, his allegations were sufficient to be construed as a constitutional claim.
- Plaintiff alleges officer struck him in the head during arrest
- Defendants’ summary judgment motion denied due to factual disputes
- Excessive force claim under 42 U.S.C. § 1983 proceeds to discovery
The case has faced procedural delays, including confusion over Brittain’s address while he was in custody and later at a halfway house. The court took extra steps to ensure he was properly served before reinstating the motion.
With the summary judgment motion denied, Brittain’s lawsuit will now proceed to the discovery phase, where both sides will present evidence and testimony concerning the January 2020 arrest.
Excessive force allegations move toward trial
