Wagner and another driver were in a 2 car accident. Both think the other was at fault.
Police think Wagner was at fault, and ticket him for careless driving in violation of NJSA 39:4-97. Wagner filed a citizen complaint against the other driver. Everyone showed up at municipal court.
At municipal court, the matter was resolved by Wagner pleading guilty to obstructing traffic in violation of NJSA 39:4-67, apparently with no civil reservation. (Obstructing traffic is the 'so good we're not really supposed to offer it in plea bargains anymore. Go away please' charge.)
Everything over? Not quite.
Wagner filed a another 2 citizen complaints. First, he filed charges against the police officers, alleging they were guilty of official misconduct in violation of NJSA 2C:30-2. Second, Wagner filed charges against the passenger in the other driver's car, alleging she had committed theft by deception in violation of NJSA 2C:20-4 by filing an insurance claim with his car insurance. After a transfer of these complaints to another municipal court because of a conflict of interest (this is typical when municipal police are defendants), these were predictably dismissed.
Wagner then filed a report with the County Prosecutor alleging the police committed misconduct. After investigation by the prosecutor's office and review by internal affairs, this was predictably dismissed.
Everything over? Not quite.
Plaintiff filed the lawsuit that is the subject of this appeal: Plaintiff sued the township, every police officer who had touched or reviewed the file, and the municipal prosecutor. The lawsuit was dismissed by the trial judge, who pointed out that Wagner kind of plead guilty to a charge, which means, in the context of a 'the police done me wrong on the police report' lawsuit, he has no case.
Everything over? Not quite.
Wagner appealed, on the basis that the trial judge mischaracterized his case.
The Appellate Division opinion goes about as well for him as you can expect.
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