PAUL C.

WILLIAMS
35 BROAD STREET #C4
TOMS RIVER NJ 08753-6564
p.c.williams70@gmail.com
Ph: 732.998.6707; Fax: 732.279.6170

May 23, 2019

Honorable Tonianne J. Bongiovanni, U.S.M.J.

United States District Court
402 East State Street
Trenton NJ 08608
via email: tjb_orders@njd.uscourts.gov

RE: PAUL C. WILLIAMS v. RICHARD BOSLEY, et al.

Case No. 3:18-cv-13092-BRM-TJB
Motion to Amend Complaint

Dear Judge Bongiovanni:

Please accept this letter memorandum in lieu of a more formal pleading, in

support of Plaintiff’s Motion to Amend the Complaint.

STATEMENT OF THE CASE

This matter currently comes before the Court on Plaintiff’s motion to amend the

complaint pursuant Fed. R. Civ. P. 15. Plaintiff's proposed Amended Complaint more

specifically and substantively:

a. adds to the caption of the Complaint the names of Defendants

JACKSON TOWNSHIP, MATTHEW KUNZ, and JOHN/JANE DOES (1-10);
b. supplements and adds to the paragraphs that set forth the parties
(paragraphs 17-20);
c. supplements and adds to the paragraphs that set forth the factual
allegations (paragraphs 99-128);
d. adds counts twenty-nine and thirty to the legal claims (paragraphs
277 through 287);
e. adds Injunctive Relief to the Prayer for Relief; and,
f. renumbers paragraphs accordingly.

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 STATEMENT OF FACTS

The Plaintiff, being neither an attorney nor formally trained in the law, particularly

federal civil rights causes of action and federal court practice and procedure, drafted the

original Complaint in this matter and filed it on August 22, 2018, predicated upon actions

that are alleged to have occurred approximately two months early. At the time of

preparing and filing the Complaint, Plaintiff had a sufficient knowledge and

understanding of the law relating to the claims presented against the named

Defendants. Also at the time of preparing and filing the Complaint, Plaintiff harbored a

suspicion that additional defendants, such as those currently presented to be added to

this action, may be included in the Complaint but he did not have sufficient knowledge

and understanding of the law, nor sufficient information, to support a legitimate and

factual basis to actually include claims against the additional defendants.

Since filing the Complaint, Plaintiff believes he has developed an adequate

knowledge and understanding of the law, as well as discovered adequate information,

to support a legitimate and factual basis to actually include claims against additional

defendants, such as those currently presented to be added to this action. Accordingly,

Plaintiff is currently seeking to add JACKSON TOWNSHIP, MATTHEW KUNZ, and

JOHN/JANE DOES (1-10) as Defendants and claiming that, inter alia, they violated

Plaintiff’s substantive due process rights to be protected from the state created danger

that they knew or should have known the currently existing Defendant’s posed to

persons such as Plaintiff, failed to protect Plaintiff therefrom, and resulting in the

violations of Plaintiff’s clearly established federal and state constitutional rights.

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 LEGAL ARGUMENT

THE COURT SHOULD GRANT PLAINTIFF’S MOTION TO

AMEND THE COMPLAINT. Fed. R. Civ. P. 15

Fed. R. Civ. P. 15(a)(1) allows a party to “amend its pleading once as a matter of

course” in the initial stages of litigation. “[I]f the pleading is one to which a responsive

pleading is required” such amendment must occur within “21 days after service of a

responsive pleading.” Fed. R. Civ. P. 15(a)(1)(B). In addition, Fed. R. Civ. P. 15

provides a very liberal standard for the amendment of pleadings even in later stages of

litigation. A party may amend its pleadings with leave of the court or the consent of the

opposing party. Fed. R. Civ. P. 15(a)(2). “The court should freely grant leave [to

amend] when justice so requires.” Id.

Here, Plaintiff seeks leave to amend the Complaint to add JACKSON

TOWNSHIP, MATTHEW KUNZ, and JOHN/JANE DOES (1-10) as Defendants and

claiming that, inter alia, they violated Plaintiff’s substantive due process rights to be

protected from the state created danger that they knew or should have known the

currently existing Defendant’s posed to persons such as Plaintiff, failed to protect

Plaintiff therefrom, and resulting in the violations of Plaintiff’s clearly established federal

and state constitutional rights. As well, Plaintiff further seeks leave to amend the

Complaint to supplement and add paragraphs, legal claims, and relief sought.

Defendants JACKSON TOWNSHIP, MATTHEW KUNZ, and JOHN/JANE DOES (1-10)

are indispensible parties and the amendment of the Complaint is imperative.

Though it is theoretically possible that they could have been included in the

Complaint when it was originally drafted and filed, the Complaint was drafted and filed

by Plaintiff, who is neither an attorney nor formally trained in the law, particularly federal

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civil rights causes of action and federal court practice and procedure, as soon as

possible and on the basis of the facts and circumstances and area of law sufficiently

known and understood by Plaintiff to support a legitimate and factual basis to present

his claims. Since filing the Complaint, Plaintiff believes he has developed an adequate

knowledge and understanding of the law, as well as discovered adequate information,

to support a legitimate and factual basis to actually include claims against additional

defendants, such as those currently presented to be added to this action. Accordingly,

Plaintiff currently seeks leave to amend the Complaint.

CONCLUSION

For the foregoing reasons, Plaintiff respectfully urges the Court to grant Plaintiff’s

motion in its entirety.

Sincerely,

Paul C. Williams

PCW:pcw
enclosures
cc: Barry A. Stieber, Esq. via email
File