Full opinion text
OPINION KUGLER, United State District Judge: This civil rights suit arises from a series of disputes between Plaintiff John Panarel-lo (“Panarello”) and his wife, Plaintiff Sheri Panarello (collectively, “Plaintiffs”) and their neighbors, Defendant Detective Antonio “Pete” Ramos (“Ramos”) and his wife, Defendant Jeanne Ramos (collectively, the “Ramos Defendants”) that eventually escalated to the point where Panarello was arrested on July 7, 2010. Plaintiffs allege that the situation surrounding Pa-narello’s arrest and subsequent prosecution was a violation of Panarello’s constitutional rights. Plaintiffs have brought claims against the Ramos Defendants as well as the City of Vineland (the “City”), Chief of Police Timothy Codispotti (the “Chief’ or “Codispotti”), and Sergeant Jeffrey Riggione (“Riggione”) (collectively, the “Municipal Defendants”) and four individual police officers — Adam Shaw, Matthew Laielli, Brian Armstrong, and James Day (collectively, the “Officer Defendants”). Presently before the Court are the Municipal Defendants’ Motion for Summary Judgment (“Municipal Defendants’ Motion” or “Muni. Defs.’ Mot.”) [Dkt. No. 163f], the Officer Defendants’ Motion for Summary Judgment (“Officer Defendants’ Motion” or “Off. Defs.’ Mot.”) [Dkt. No. 164]; and Plaintiffs’ Cross Motion for Summary Judgment (“Plaintiffs’ Cross Motion” or “Pis.’ Cross Mot.”) [Dkt. No. 166]. For the reasons that follow, the Municipal Defendants’ Motion is GRANTED-IN-PART AND DENIED-IN-PART, the Officer Defendants’ Motion is GRANTED-IN-PART AND DENIED-IN-PART, and the Plaintiffs’ Motion is DENIED. 1. FACTUAL BACKGROUND AND PROCEDURAL HISTORY A. Panarello’s Arrest on July 7, 2010 The basic background facts of the events leading up to Panarello’s arrest on July 7, 2010 are undisputed, as are the events until any police officer crossed the property line onto Plaintiffs’ property. These' facts are recited concisely by the Officer Defendants and have been adopted by the Plaintiffs. (See Pis.’ Responsive SMF [Dkt. No. 166-1] at 2 (“Specifically, Plaintiffs agree with the following initial paragraphs and statements .... ”).) Plaintiffs John and Sheri Panarello, husband and wife, resided at 67 Yelkca Avenue in Vineland, New Jersey. They lived in an unremarkable, quiet residential area. Their neighbors at 59 Yelkca were Antonio' “Pete” Ramos and his wife, Jeanne Ramos. Pete Ramos was (and is) a police officer with the Vine-land Police Department. Beginning in the fall of 2009, the Ramos Family and Panarello Family became engaged in a series of petty and borderline ridiculous disputes. They bickered over pets, the installation of a privacy fence, noise, and each accused the other of engaging in obnoxious activity. It seems that Pete and John both had knack for getting under the skin of the other. On July 7, 2010, there was a confrontation between John Panarello and his neighbor Antonio “Pete” Ramos. Panar-ello was using a weed whacker to trim vegetation growing along the Panarello and Ramos property line. Pete Ramos was outside cleaning his swimming pool. Ramos accused Panarello of knocking weeds and debris into his pool. For whatever reason, Ramos shot a stream of water over the fence towards John Panarello. Panarello and Ramos — separated by the fences — then exchanged words and cursed at each other. Rather than simply walking away, Pa-narello instead grabbed a wooden board that was on the ground nearby. He raised the board and smacked it on the top the privacy fence. From his side of the fence, Ramos grabbed one end of the board. On the other side of the fence, Panarello gripped the other end of the board. The two men then struggled for control over the board. Panarello was able to pull the board back onto his side of the fence. He stepped back, and waited. He thought that Ramos might try to come over the fence. Ramos never did come over the fence. ... Jeanne Ramos saw the confrontation between her husband and John Panarel-lo. She called the police and reported to a Sergeant that John Panarello attempted to strike her husband with a board. Officer Matthew Laielli was ordered to Yelkca Avenue. Officer Laielli was told that an assault had just occurred. Once at the scene, Officer Laielli went and spoke with Pete and Jeanne Ramos. Antonio “Pete” Ramos reported to Officer Laielli that the neighbor, John Pa-narello, tried “hitting them with a board.” Likewise, Jeanne Ramos reported to Officer Laielli that the neighbor, John Panarello, tried “hitting them with a board.” 'After hearing their side of the story, Officer Laielli then left Pete and Jeanne Ramos to go get John Panarello’s version of events. Laielli was accompanied by Officer Adam Shaw. Elsewhere in the vicinity was Officer Brian Armstrong, who was trying to locate John Panarello. None of the young officers knew John or Sheri Panarello. (Pls.’ Responsive SMF at 2-3 (quoting Off. Defs.’ Mot. Br. [Dkt. No. 164-1] at 1-2).) Officers Laielli and Shaw then proceeded to the Plaintiffs property to try and locate Panarello, and walked up Plaintiffs’ driveway. (Off. Defs.’ SMF [Dkt. No. 164-3] ¶ 56.) While on the driveway, Officer Laielli spotted Panarello in his backyard, and called out to him, ‘To, I need to talk to you.” (Off. Defs.’ SMF ¶¶ 59-60; Pis.’ Cross Mot. SMF [Dkt. No. 166-1] ¶¶27-28.) At this point, Panarello turned and moved away from the officers. (Off. Defs.’ SMF ¶ 61; Pis.’ Responsive SMF ¶ 61.) Officers Laielli and Shaw both believed that Panarello may be retreating into his home to obtain a weapon, and also believed that Panarello was at that moment committing the crime of obstruction, and so went into the backyard to detain and arrest Panarello. (Off. Defs.’ SMF ¶¶ 63-64, 68, 76-80, 99, 104-05.) Officer Laielli grabbed Planarello around the waist right around the threshold to the back door of the house, and the two tumbled into the house. (Off. Defs.’ SMF ¶ 86; Pis.’ Responsive SMF ¶ 86.) Officer Shaw followed Officer Laielli and assisted in placing Panarel-lo under arrest. (Off. Defs.’ SMF ¶¶ 90, 108.) The parties disagree entirely as to what happened within the house beyond the fact that Panarello was arrested and was struck by Officers Laielli and Shaw. The Officer Defendants submit that Panarello was fighting with Officers Laielli and Shaw, and that they both struck him because of his acts of resisting arrest. (Off. Defs.’ SMF ¶¶ 109-14.) Plaintiffs counter that the Officer Defendants purposely struck him while he was restrained in order to beat him. (Pis.’ Responsive SMF at 12-13.) Plaintiffs also submit that the Vine-land Police Department (“VPD”), under the direction of Sergeant Riggione, failed to adequately preserve video evidence of the incident. (See Pis.’ Cross Mot. SMF ¶¶ 59-69). The Municipal Defendants and Officer Defendants dispute this. Panarello was then taken to a patrol car so that Officer Armstrong could transport him to the police station. (Off. Defs.’ SMF ¶ 118; Pis.’ Responsive SMF at 14.) Officer Armstrong called for EMS to meet him at the police station to tend to Panarello’s injuries. (Off. Defs.’ SMF ¶ 119.) Plaintiffs then argue that Officer Armstrong, having placed Panarello unrestrained in the backseat, stopped and accelerated abruptly to cause Panarello additional injuries. (Pis.’ Responsive SMF at 14). Officer Armstrong disputes this version of events. Upon arrival at the police station, Officer Day met Panarello and Officer Armstrong. (Off. Defs.’ SMF ¶¶ 121-22.) The parties agree that while in the police station, Officer Day used oleoresin capcisum (“OC”) spray, also known as pepper spray, on Panarello. (Off. Defs.’ SMF ¶ 127; Pis.’ Responsive SMF at 15.) The parties dispute everything else pertaining to the circumstances leading up to the use of the OC spray and the subsequent remedial actions the police officers may or may not have taken. At a certain point, an EMS worker tried to assist Panarello, and Pa-narello spit blood on her. (Off. Defs.’ SMF ¶ 133.) B. Criminal Proceedings Multiple criminal charges were filed against Panarello as a result of the July 7, 2010 incident — two counts of assault on a police officer, one count of assault on an EMS worker, one count of aggravated assault, one count of resisting arrest, one count of obstruction, and two weapons possession counts. (Off. Defs.’ SMF ¶¶ 134-40.) Panarello subsequently filed two erim-inal complaints against Officers Laielli and Shaw for assaulting him. (Off. Defs.’ SMF ¶ 141.) The charges were all downgraded to disorderly persons offenses and remanded to Municipal Court. (Off. Defs.’ SMF ¶ 142.) A trial was held on the charges against all three defendants — Panarello, Officer Laielli, and Officer Shaw — and the Honorable William J. Golden, J.M.C., entered judgment convicting Panarello of resisting arrest in violation of N.J.S.A. 2C:29-2a and assault on the EMT who came to treat him in violation of N.J.S.A. 2C:12-1b(5)(c). See Trial Decision Tr., State v. Panarello (Glassboro Muni. Ct. Sept. 26, 2013) (Muni. Defs.’ Ex. K; Off. Defs.’ Ex. R). Panarello appealed his conviction for resisting arrest to the New Jersey Superior Court, Law Division. (Off. Defs.’ SMF ¶ 179.) The Honorable Kevin T. Smith, J.S.C., entered judgment affirming the conviction. See Order Affg Conviction, State v. Panarello, Muni. Appeal No. A-28-13 (N.J.Super.Ct. Law Div. June 24, 2014) (Muni. Defs.’ Ex. L; Off. Defs.’ Ex. S). C. Civil Proceedings Plaintiffs filed a tort claims notice on or about September 30, 2010. (Off. Defs.’ SMF ¶ 183.) Plaintiffs subsequently filed this action on July 9, 2012, [Dkt. No. 1], and then filed their First Amended Complaint (the “FAC”) [Dkt. No. 79] on November 17, 2014. Plaintiffs allege violations of the Constitution under 42 U.S.C. §§ 1983, 1985, and 1986, as well as state law torts and violations of the New Jersey constitution. The Municipal Defendants and Officer Defendants now move for summary judgment on all claims asserted in the FAC, seeking dismissal of the FAC in its entirety, and Plaintiffs cross move for summary judgment on the warrantless entry and arrest claims and the spoliation of evidence claims. II. JURISDICTION Plaintiffs bring claims under 42 U.S.C. §§ 1983, 1985, and 1986 as well as under the state constitution and state common law. Accordingly, this Court exercises subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3) and supplemental jurisdiction over the accompanying state law claims pursuant to 28 U.S.C. § 1367. III. LEGAL STANDARD Summary judgment is appropriate where the Court is satisfied that “there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 330, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A genuine dispute of material fact exists only if the evidence is such that a reasonable jury could find for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). When the Court weighs the evidence presented by the parties, “[t]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Id. at 255, 106 S.Ct. 2505. The moving party bears the burden of establishing that no genuine issue of material fact remains. See Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548. A fact is material only if it will affect the outcome of a lawsuit under the applicable law, and a dispute of a material fact is genuine if the evidence is such that a reasonable fact finder could return a verdict for the non-moving party. See Anderson, 477 U.S. at 252, 106 S.Ct. 2505. Even if the facts are undisputed, a disagreement over what inferences may be drawn from the facts precludes a grant of summary judgment. Ideal Dairy Farms, Inc. v. John Labatt, Ltd., 90 F.3d 737, 744 (3d Cir.1996). The nonmoving party must present “more than a scintilla of evidence showing that there is a genuine issue for trial.” Woloszyn v. Cty. of Lawrence, 396 F.3d 314, 319 (3d Cir.2005). Further, the non-moving party must come forth with affidavits and evidence in support of their position; merely relying on the pleadings and the assertions therein is insufficient to demonstrate a genuine issue of material of fact on a motion for summary judgment. Celotex, 477 U.S. at 324, 106 S.Ct. 2548; see also Saldana v. Kmart Corp., 260 F.3d 228, 232 (3d Cir.2001) (citing Fed. R. Civ. P. 56(e) and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). The court’s role in deciding the merits of a summary judgment motion is to determine whether there is a genuine issue for trial, not to determine the credibility of the evidence or the truth of the matter. Anderson, 477 U.S. at 249, 106 S.Ct. 2505. IV.DISCUSSION A. Tort Claims Notice As an initial matter, all defendants at some point argue that Plaintiffs have failed to comply with the provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq. (“NJTCA”), and that the state law tort claims grounded in any events that took place subsequent to Pa-narello’s arrest must be dismissed. (See Muni. Defs.’ Mot. Br. at 49-50) (abuse of process), 59-60 (malicious prosecution), & 67-68 (both); Off. Defs.’ Mot. Br. at 17-21 (common law tort claims related to Officer Armstrong’s transport of Panarello, Officer Day’s use of OC spray, and spoliation/concealment of evidence by Officer Shaw and Officer Laielli.) For the reasons that follow, the Municipal Defendants’ Motion and Officer Defendants’ Motion will be granted in this respect. New Jersey state law requires that prior to filing a complaint against a public entity or public employee, the plaintiff must submit a notice of claim to the public entity within ninety days of the claim accruing. See N.J.S.A. 59:8-8a. If a plaintiff fails to comply with this requirement, he is “forever barred from recovering against a public entity or public employee.” See N.J.S.A. 59:8-8. The notice must state “[t]he date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted” and provide “[a] general description of the injury, damage or loss incurred so far as it may be known at the time of presentation of the claim.” N.J.S.A. 59:8-4c & d. As both the New Jersey Supreme Court and courts of this district have recognized, failure to provide notice under the NJTCA waives a claim, even if the officer would not be entitled to immunity otherwise. See, e.g., Velez v. City of Jersey City, 180 N. J. 284, 294-95, 850 A.2d 1238 (2004); Evans v. Gloucester Twp., 124 F.Supp.3d 340, 353-54, Civ. No. 14-7160 (JBS/JS), 2015 WL 5012593, at *10 (D.N.J. Aug. 21, 2015). Plaintiffs complied with this requirement by filing a notice of claim with the City of Vineland. (Notice of Claim (Municipal Defs.’ Mot. Ex. M; Off. Defs.’ Mot. Ex. T).) However, the notice only claims causes of action related to an “accident or occurrence” where “Vineland police entered claimant’s residence without an arrest warrant and assaulted him by tackling him to the floor and while one officer held him down, the other officer repeatedly punched the claimant in and about his face and head, bruising his head, blackening his eyes, and fracturing his nose in the presence of Sherie Panarello, his wife, and their 2 year old daughter.” (Notice of Claim at 1-2.) Panarello further wrote that the “negligence or wrongful acts of the City agency and City employees which caused [his] damages” were that “Vineland Police unlawfully entered claimant’s residence at 59 Yelkca Avenue, Vineland NJ 08360, and used excessive and unnecessary force against the claimant by repeatedly hitting the claimant about the face and head without just cause. The claimant has suffered perm[a]nent injuries.” (Id. at 2.) The Notice of Claim never refers to anything other than unlawful entry into Plaintiffs’ home and excessive force at the time of Panarello’s arrest. Nowhere does the Notice of Claim mention transport to the police station, anything that occurred at the police station, spoliated evidence, or anything related to Panarello’s criminal prosecution, either explicitly or implicitly. Plaintiffs’ argue that their notice is sufficient because everything arose out of Pa-narello’s arrest, but that if they have not literally complied with the Notice requirement as to claims arising from events occurring after the arrest, they have substantially complied. (Pls.’ Cross Mot. Br. at 21-24; Pls.’ Opp. to Muni. Defs.’ Mot. at 32-35.) The doctrine of substantial compliance can apply to NJTCA notice in the limited circumstances where “the notice, although both timely and in writing, had technical deficiencies that did not deprive the public entity of the effective notice contemplated by the statute.” D.D. v. Univ. of Med. and Dentistry of N.J., 213 N.J. 130, 159, 61 A.3d 906 (2013) (citations omitted). “The doctrine requires the moving party to show: (1) the lack of prejudice to the defending party; (2) a series of steps taken to comply with the statute involved; (3) a general compliance with the purpose of the statute; (4) a reasonable notice of petitioner’s claim; and (5) a reasonable explanation why there was not strict compliance with the statute.” Ferreira v. Rancocas Orthopedic Assocs., 178 N.J. 144, 151, 836 A.2d 779 (2003) (emphasis added) (internal quotations and citations omitted). With respect to the purposes of the NJTCA, the New Jersey Supreme Court has held that the two central purposes of the NJTCA are (1) to restrict a public entity’s liability in tort, and (2) to create a relatively short notice filing period to enable the public entity to investigate and settle claims. Velez, 180 N.J. at 294, 850 A.2d 1238 (citations omitted). Plaintiffs have shown a series of steps taken to comply with the statute, as they literally complied with the NJTCA for Plaintiffs’ claims for damages relating to the act of arresting Panarello and the entry onto Plaintiffs’ property. The notice was timely and in writing, making the issue whether the VPD and the officers were provided the effective notice for claims subsequent to Panarello’s arrest. In this instance, Plaintiffs’ specificity regarding claims for the warrantless entry and excessive force are at the detriment to their arguments that the VPD and the Officer Defendants should have been on notice that they would also be making claims regarding actions subsequent to Pa-narello’s arrest. Plaintiffs also fail to present any affirmative support for their position that they have substantially complied with the notice requirements of the NJTCA. The description of the incident they provide fails to put the City of Vine-land on notice that it would be defending against claims relevant to conduct taking place after the arrest and warrantless entry into Plaintiffs’ home. Plaintiffs have made no showing towards satisfying the other components a party seeking safe harbor under the doctrine of substantial compliance must prove, and so the doctrine of substantial compliance does not save their failure to literally comply with the NJTCA. Notice under the NJTCA is not required for either NJCRA claims or § 1983 claims, but is required for common law tort claims. See Velez, 180 N.J. at 295-96, 850 A.2d 1238. Accordingly, the Municipal Defendants’ Motion and the Officer Defendants’ Motion will be granted with respect to the state law tort claims for assault and battery dealing with transport of Panarello from Plaintiffs’ property to the police station, for assault and battery for the use of the OC spray on Panarello at the police station, for spoliation or concealment of evidence, for abuse of process, and for malicious prosecution. To the extent that any of the same facts underlying these state law torts provide the basis for a claim under the NJCRA or § 1983, they will be analyzed under the appropriate standards for those claims. B. Constitutional Claims Against Individual Actors Under 42 U.S.C. §§ 1983, 1985, and 1986 and the NJCRA Plaintiffs have alleged violations of their constitutional rights under both the United States Constitution and the New Jersey Constitution. The analysis under § 1983 for alleged violations of the United States Constitution is the same as the analysis under the NJCRA for alleged violations of the New Jersey Constitution. See Hotten-stein v. City of Sea Isle City, 977 F.Supp.2d 353, 365 (D.N.J.2013); Rezem Family Assocs., LP v. Borough of Millstone, 423 N.J.Super. 103, 115, 30 A.3d 1061 (2011). Accordingly, Plaintiffs claims under § 1983 and the NJCRA will be discussed concurrently. “To state a claim under 42 U.S.C. § 1983, a plaintiff must allege a person acting under color of state law engaged in conduct that violated a right protected by the Constitution or laws of the United States.” Morrow v. Balaski, 719 F.3d 160, 165-66 (3d Cir.2013) (citing Nicini v. Morra, 212 F.3d 798, 806 (3d Cir.2000) (en banc)). There can be no dispute that the named defendants were acting under the color of state law, as they were sworn officers responding to a report of an alleged assault and investigating the crime at the time. (See Pls.’ Responsive SMF at 2; Off. Defs.’ Mot. Br. at 7.) Therefore, the Court must only determine if there is undisputed evidence that their conduct violated a constitutional right. Regarding the constitutional claims, the Municipal Defendants and the Officer Defendants have moved for summary judgment to dismiss all constitutional claims against them, and Plaintiffs have cross moved for summary judgment in their favor on the Fourth Amendment claims. 1. Conspiracy Claims Plaintiffs concede that they have failed to satisfy their evidentiary burden for any conspiracy claims under 42 U.S.C. § 1985 and any failure to prevent a § 1985 conspiracy under 42 U.S.C. § 1986 as to the moving defendants. (Pis.’ Cross Mot. Br. at 27; Pls.’ Opp. to Muni. Defs.’ Mot. Br. at 26.) Accordingly, the Municipal Defendants’ Motion and the Officer Defendants’ Motion are granted in this respect. However, Plaintiffs still maintain that a conspiracy existed both under § 1983 and under state common law to unlawfully prosecute Panarello. (Pls.’ Cross Mot. Br. at 27; Pls.’ Opp. to Muni. Defs.’ Mot. Br. at 25-27.) Specifically, the conspiracy alleged is one “to violate Plaintiffs’ constitutional rights, and evidence of the same is the Defendants’ failure to properly investigate the crime scene and their failure to secure video surveillance of the incident.” (Pls.’ Cross Mot. Br. at 27; Pls’ Opp. to Muni. Defs.’ Mot. at 25-27.) Plaintiffs point to no affirmative evidence of a conspiracy, merely incorporating by reference all previous arguments made, and “asserting] that there are genuine material disputes of fact when it comes to the actions of the officers during the arrest and subsequent to the arrest of John Panarello.” (Pls.’ Opp. to Muni. Defs.’ Mot. at 29.) Even looking back in their briefs to find the evidence apparently incorporated by reference, all sections of the brief dealing with any conspiracy rely on mere assertions and the pleadings. (See, e.g., Pls.’ Opp. to Muni. Defs.’ Mot. at 25-26.) At this procedural juncture, Plaintiffs must do more than rely on the bare pleadings to support their position and must put forth and point to evidence in support of their claims. See Celotex, 477 U.S. at 324, 106 S.Ct. 2548 (“Rule 56[] therefore requires the nonmoving party to go beyond the pleadings and ... designate specific facts showing that there is a genuine issue for trial.” (emphasis added) (internal quotations omitted)). Plaintiffs have failed to put forth any evidence, and the evidence submitted by the Municipal Defendants and adopted by the Officer Defendants defeats any claim of a conspiracy made by Plaintiffs. Plaintiffs’ own expert, Mr. Mickie McComb testified at deposition: I’m not saying it’s a conspiracy. I’m saying it’s a pattern of behavior and a pattern of again let me go out each time they conveniently don’t have video of— they didn’t collect the video. ... They didn’t — when they were ID’ing the scene, they didn’t take any picture where the — the entrance on the floor of the house, injuries of the — of Mr. Panarello, none of the officers. They conveniently left certain aspects of the ease out. They left— ... They didn’t follow proper police procedures when collecting evidence. They didn’t collect everything. They chose, for whatever reason, the ID people or Sergeant Riggione who was in charge of that ID officer, to not take pictures of every single thing. And that’s — that’s not consistent with what an ID person or unit would do in a police — you know, or any investigation, the scene of a so-called crime. (McComb Dep. Tr. (Muni. Defs.’ Ex. R) at 288:5-289:2) (emphasis added). Mr. McComb clearly believes there were issues with the investigatory procedures, but he repeats at least twice more in his testimony that there was no conspiracy. (See McComb Dep. Tr. at 295:16-17 (“I am not saying it was a conspiracy. I am saying [certain investigatory procedures were] conveniently left out.”); 295:25-296:4 (“I’m not saying it’s conspiracy. It’s for the purpose of covering up the investigation and charging Mr. Panarello based on the totality of the circumstances.”).) Plaintiffs provide nothing to rebut these assertions, and seemingly cannot as Mr. McComb is their own expert on whom they have relied in this case. Without affirmative evidence from Plaintiffs and evidence from their own expert asserting repeatedly that no conspiracy existed, the claims for a conspiracy to deprive Panarello of rights under § 1983 fail, and so does the claim for a common law conspiracy. Accordingly, the Municipal Defendants’ Motion and the Officer Defendants’ Motion will be granted in this respect, and the § 1983 claim as it pertains to a conspiracy will be dismissed, as will the common law conspiracy claim. 2. Fourth Amendment Search and Seizure Plaintiffs complain of three distinct Fourth Amendment issues here: (1) whether the officers unlawfully entered the driveway on Plaintiffs’ property before arresting Panarello; (2) whether the officers unlawfully entered Plaintiffs’ backyard to arrest Panarello; and (3) whether the officers unlawfully arrested Panarello. The FAC alleges that Officer Laielli, Officer Shaw, Officer Armstrong, and Detective Riggione all unlawfully entered the property, and that Officers Laielli, Shaw, and Armonstrong unlawfully seized and arrested Panarello. Both the Officer Defendants and Panarello have moved for summary judgment on these issues. For the reasons that follow, the Court will grant the Officer Defendants’ Motion only with respect to the entry into the driveway. The Officer Defendants’ Motion and the Plaintiffs’ Cross Motion will otherwise be denied, as explained. “[W]hen it comes to the Fourth Amendment, the home is first among equals.” Florida v. Jardines, — U.S. -, 133 S.Ct. 1409, 1414, 185 L.Ed.2d 495 (2013). “Fourth Amendment protections extend not only to a person’s home, but also to the curtilage surrounding the property.” Estate of Smith v. Marasco, 318 F.3d 497, 518-19 (3d Cir.2003) (citing United States v. Dunn, 480 U.S. 294, 300-01, 107 S.Ct. 1134, 94 L.Ed.2d 326 (1987)). The Supreme Court has explained that the curtilage is the “area around the home [that] is ‘intimately linked to the home, both physically and psychologically,’ and is where ‘privacy expectations are most heightened.’” Jardines, 133 S.Ct. at 1415 (quoting California v. Ciraolo, 476 U.S. 207, 213, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986)). However, Fourth Amendment protection must turn on a reasonable expectation of privacy and not adhere strictly to concepts of property. United States v. Correa, 653 F.3d 187, 191 (3d Cir.2011). Before reaching the merits of the claims, the Court must be certain that it is permitted to entertain these Fourth Amendment claims in light of Panarello’s arrest and subsequent conviction. This Court is bound by the determination of the Glassboro Municipal Court as affirmed by the New Jersey Superior Court that Panarello was indeed resisting arrest. “[I]n a § 1983 suit, the district court must consider whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated.” Heck v. Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). If the § 1983 suit necessarily constitutes a collateral attack on Panarel-lo’s conviction, then the claim must be dismissed as a matter of law. See id. at 486-87, 114 S.Ct. 2364. Judge Smith of the Superior Court determined that Panarello “was told he was under arrest, and that [Panarello] continued to kick and flail in spite of being told he was under arrest. Because [Panarello] was told he was under arrest and continued to resist, there were sufficient facts on which to base a resisting arrest conviction.” Order Aff'g Conviction ¶ 5a, State v. Panarello, Muni. Appeal No. A-28-13 (NJ.Super.Ct. Law Div. June 24, 2014). The Court in Heck specifically addressed, in dicta, what would happen if a criminal defendant were convicted of resisting a lawful arrest and then brought a suit under § 1983 seeking damages under his Fourth Amendment right to be free from unreasonable seizures. Heck, 512 U.S. at 486 n. 6, 114 S.Ct. 2364. The Court said that this action would not lie. Id. However, this turned on the definition of resisting arrest as “intentionally preventing a peace officer from effecting a lawful arrest.” Id. (emphasis in original). In New Jersey, the legislature has made clear that even an unlawful arrest can be the basis for a charge of resisting arrest so long as the officer “was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.” N.J.S.A. 2C:29-2a. The New Jersey Supreme Court has also explained that “[b]y the express terms of the resisting arrest statute, a person has no right to resist arrest by flight or any other means, even if the arrest constitutes an unreasonable seizure under the constitution.” State v. Reece, 222 N.J. 154, 173, 117 A.3d 1235 (2015) (emphasis added) (quoting State v. Crawley, 187 N.J. 440, 453, 901 A.2d 924 (2006)) (internal quotation marks and alterations omitted). Thus, New Jersey has contemplated that this course of conduct may occur, and specifically instructed an aggrieved defendant such as Panarello to bring the instant suit. See State v. Mulvihill, 57 N.J. 151, 155-56, 270 A.2d 277 (1970) (“[I]n our State, when an officer makes an arrest, legal or illegal, it is the duty of the citizen to submit and, in the event the seizure is illegal, to seek recourse in the courts for the invasion of his right of freedom.”) (emphasis added). This feature of New Jersey law makes the Heck doctrine inapplicable to Panarello’s Fourth Amendment claim of illegal seizure, and accordingly will not bar this claim. Additionally, none of Panarello’s convictions preclude a finding of an unlawful search under the Heck doctrine. The Court in Heck also addressed this issue in dicta, noting that “a suit for damages attributable to an allegedly unreasonable search may lie even if the challenged search produced evidence that was introduced in a state criminal trial resulting in the § 1983 plaintiffs still-outstanding conviction.” Heck, 512 U.S. at 487 n. 7, 114 S.Ct. 2364. This type of suit may only lie if it “will not demonstrate the invalidity of any outstanding criminal judgment.” Id. at 487, 114 S.Ct. 2364 (emphasis in original). Because Panarello’s arrest need not be lawful under the resisting arrest statute, it does not matter whether the police were lawfully on his property in the process of effecting the arrest. Thus, any finding of unlawful entry would not invalidate his conviction for resisting arrest. The Court will now consider the merits of the claims. i. Initial Entry onto the Property The parties dispute whether the driveway constitutes the curtilage. Officers Laielli and Shaw argue that at the time they entered Plaintiffs’ property, they were in his driveway, and preparing to approach the front door in order to contact Panarello to conduct their investigation. (Off. Defs.’ Mot. Br. at 11; Off. Defs.’ SMF ¶¶ 55-60.) Plaintiffs contend that any entry onto the property, including the driveway, was unlawful. (Pis.’ Cross Mot. Br. at 40-41.) The Officers counter that they are permitted to be on the driveway as it a place of usual ingress and egress. (Off. Defs.’ Reply Br. at 3.) Of relevance to the Court’s analysis is an understanding of the property. Plaintiffs explain that their property was fenced in and that the driveway leading to the back of the property was “not open and inviting to the public.” (Pls.’ Cross Mot. SMF ¶ 38.) Plaintiffs also explain that “the public is only invited onto the property via the walkway to the front door.” (Id. ¶ 41.) Looking at the photograph of Plaintiffs’ property submitted by Plaintiffs, it is obvious that the walkway to the front door connects to the driveway. (Pls.’ Cross Mot. Ex. A.) Therefore, one must necessarily enter the driveway in order to access the walkway to the front door. It is well settled that officers may approach the front door to investigate a complaint. See Jardines, 133 S.Ct. at 1416 (“[A] police officer not armed with a warrant may approach a home and knock, precisely because that is ‘no more than any private citizen might do.’”) (quoting Kentucky v. King, 563 U.S. 452, 131 S.Ct. 1849, 1862, 179 L.Ed.2d 865 (2011)). On Plaintiffs’ property, to approach the front door, the officers necessarily needed to walk down the driveway. No Fourth Amendment violation can rise from this entry onto the driveway. On this issue, the Officer Defendants’ Motion will be granted, and the Plaintiffs’ Cross Motion denied. ii. Entry into the Backyard and Arrest The Court next turns to the entry into the backyard which is apparently predicated upon the subsequent arrest of Pa-narello. From the driveway, where he was lawfully permitted to be, Officer Laielli spotted Panarello in the backyard and called out “Yo, I need to talk to you.” (See Off. Defs.’ SMF ¶¶ 59-60; Pls.’ Cross Mot. SMF ¶ 28.) In response, Panarello moved away from the officers and toward his home. (Off Defs.’ SMF ¶ 62; Pis.’ Cross Mot. SMF ¶¶ 26-28.) From the view of the officers, this action constituted an act of fleeing and they believed that Panarello was now committing the offense of obstruction, in violation of N.J.S.A. 2C:29-1. (See Off. Defs.’ SMF ¶ 63.) Officers Laielli and Shaw then proceeded into the backyard to arrest Panarello for obstruction. “It is a basic principle of Fourth Amendment law that searches and seizures inside a home without a warrant are presumptively unreasonable.” Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) (internal quotation marks omitted). However, exceptions to this presumption do exist, though there are only “a few specifically established and well-delineated exceptions.” Schneckloth v. Bustamonte, 412 U.S. 218, 219, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1980) (internal quotation marks omitted). This same principle extends to the curtilage, as explained above. Thus, this Court must presume that the warrantless search of the curtilage was unreasonable. It is undisputed by the parties that the Plaintiffs’ backyard constitutes the curti-lage of Plaintiffs’ home. (See Off. Defs.’ Mot. Br. at 10-11; Pis.’ Cross Mot. Br. at 38-41.) Plaintiffs’ argument is simply that any entry into his backyard was unjustified. (Pis.’ Cross Mot. Br. at 29-30.) The Officer Defendants put forth two primary theories to justify their conduct: (1) the backyard led to the back door, which they believed was used by visitors, so their entry was permitted in the same way access to the front door is permitted (Off. Defs.’ Mot. Br. at 10-11); and (2) Panarel-lo was exposed to public view at the time he committed the crime of obstruction, so the officers were permitted to follow him as he retreated in order to effect an arrest that would have been lawful had he stayed put. (Off. Defs.’ Reply Br. at 3-6). As will be explained, the facts submitted do not support the first theory, and there are disputed facts that make this Court unable to decide if the second theory can support the claim. a. Entry Under Theory of Customary Access There is no evidence to suggest that the officers believed the back door was the common route of entry to the home, nor is there evidence to support that the back door was publicly accessible. The Supreme Court has explicitly reserved judgment on the issue of whether a “knock and talk” is permitted at any entrance open to visitors. See Carroll v. Carman, — U.S. -, 135 S.Ct. 348, 352, 190 L.Ed.2d 311 (2014) (per curiam). However, the Court in Carroll explained, without approving or disapproving, that other lower courts had found the Fourth Amendment not implicated when officers believe the door to be readily accessible to the public. See id. (gathering cases). The Officer Defendants submit no evidence regarding the path from the driveway to the back door. The only evidence on this point comes from Plaintiffs who submit that there was no walkway on the side or along the back of the Panarello residence. (Pls.’ Resp. to Off. Defs.’ SMF at 3.) The back door is not visible to the public from the roadway, only the front door and the path to the front door. (See Pls.’ Cross Mot. Ex. A; see also Off. Defs.’ Ex. W, X.) The Officer Defendants also fail to argue that they had a reasonable belief the back door was used by visitors, merely stating the legal proposition that a law enforcement officer may approach a back door when they have such a reasonable-belief without explaining how this proposition applies here. (See Off. Defs.’ Mot. Br. at 11.) The cases cited to by the Officer Defendants in support of their position are distinguishable. Further, the cases all predate the Supreme Court’s decision from March 2013 in Jardines. The Court in Jardines held that the front porch of a single family home was space protected by the Fourth Amendment as a “classic exemplar” of the curtilage. See Jardines, 133 S.Ct. at 1414-15. The Court affirmed the Florida Supreme Court in finding a search of the front porch with a drug dog to be a violation of the Fourth Amendment’s protection against warrantless searches of the home. Id. at 1417-18. This was as opposed to the line of cases that had permitted searches by drug dogs of cars during traffic stops. See id. at 1419 n. 1 (Kagan, J., concurring). The facts and circumstances presented here do not support a finding that the Officer Defendants’ entry was justified as a matter of law. This theory cannot defeat Plaintiffs’ Cross Motion, nor can it support the Officer Defendants’ Motion, b. Entry Under Theory of Effecting Arrest For the theory of entry into the backyard to effect an arrest, the facts are intertwined with the facts surrounding the warrantless arrest of Panarello. The Officer Defendants argue that once they saw Panarello and ordered him to stop, they had successfully placed him under an investigatory detention pursuant to their reasonable suspicion that he had committed a crime. They continue that when he fled, they then had probable cause to believe that Panarello was committing a crime, and they could enter the backyard to arrest him for that crime. (Off. Defs.’ Mot. Br. at 12.) Panarello counters by arguing that any entry onto his property was unconstitutional. (Pis.’ Cross Mot. Br. at 29.) The officers had probable cause to arrest Panarello for obstruction based on his retreat from the officers during an investigation of an alleged assault. “Probable cause does not require the same type of specific evidence of each element of the offense as would be needed to support a conviction.” Wright v. City of Phila., 409 F.3d 595, 602 (3d Cir.2005) (quoting Adams v. Williams, 407 U.S. 143, 149, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972)). “Therefore, the evidentiary standard for probable cause is significantly lower than the standard which is required for conviction.” Id. (citing Michigan v. DeFillippo, 443 U.S. 31, 36, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979)). The offense of obstruction, as defined by N.J.S.A. 2C:29-1a, is committed when one “purposely ... prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight .... ” Here, Officers Laielli and Shaw were attempting to investigate an alleged assault, which constituted “lawfully performing an official function” under the statute. See Reece, 222 N.J. at 171, 117 A.3d 1235 (citing Crawley, 187 N.J. at 460-61, 901 A.2d 924). Panarello’s moving away from the officer, even if not running away, still provides the necessary probable cause to believe that obstruction has occurred. See Crawley, 187 N.J. at 460-61 & n. 7, 901 A.2d 924 (“[A]ny flight from police detention is fraught with the potential for violence because flight will incite a pursuit .... ”). Thus, even viewing the facts in the light most favorable to the Plaintiffs, the low threshold of probable cause existed for Officers Laielli and Shaw to find that Panarello committed the offense of obstruction. Panarello committed the act of obstruction in front of the officers, making it permissible for them to arrest Panarello without a warrant if he was in a public place. See Atwater v. City of Lago Vista, 532 U.S. 318, 354, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001) (“If an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender.”); State v. Dangerfield, 171 N.J. 446, 460, 795 A.2d 250 (2002) (finding that N.J.S.A. 40A:14-152 permits officers to perform warrantless arrests for “disorderly and petty disorderly persons offenses that occurred in their presence”). If a person is in a public place when the officers went to effect the arrest, he cannot avoid the arrest by retreating to a place of safety. See United States v. Santana, 427 U.S. 38, 42, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976) (“The only remaining question is whether [the defendant’s] act of retreating into her house could thwart an otherwise proper arrest. We hold that it could not.”). Thus, the issue becomes if Panarello was in a public place at the time he acted in a manner that gave the officers probable cause to arrest him, then the warrantless entry into the yard and subsequently the house in effecting his arrest as well as the arrest itself are proper under the Fourth Amendment. The Officer Defendants rely heavily on the decision of the New Jersey Superior Court, Appellate Division in State v. Nikola, 359 N.J.Super. 573, 821 A.2d 110 (2003), and that court’s interpretation of the Supreme Court’s decision in United States v. Santana, 427 U.S. 38, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976). In Santana, after an undercover investigation, officers encountered the defendant standing in the front doorway of her home with evidence of felony drug distribution in her hand. Santana, 427 U.S. at 40, 96 S.Ct. 2406. Once the officers identified themselves, she retreated into her home, and the officers pursued her into the home to arrest her. Id. at 40-41, 96 S.Ct. 2406. The Court in Santana determined that the defendant in the threshold was in public view. Id. at 42, 96 S.Ct. 2406. Relying on this, the court in Nikola found that a defendant suspected of driving under the influence standing in the entryway to her garage at the end of her front driveway was in a public place. Nikola, 359 N.J.Super. at 582-83, 821 A.2d 110. However, following the decision in Santana, the Court held in Welsh v. Wisconsin, 466 U.S. 740, 104 S.Ct. 2091, 80 L.Ed.2d 732 (1984), that “[w]hen the government’s interest is only to arrest for a minor offense, that presumption of unreasonableness [for a warrantless home entry] is difficult to rebut, and the government usually should be allowed to make such arrests only with a warrant issued upon probable cause by a neutral and detached magistrate.” 466 U.S. at 750, 104 S.Ct. 2091. Here, the officers arrested Panarello based on what they believed to be his commission of the offense of obstruction, which Officer Laielli filed as a disorderly persons offense. (See Off. Defs.’ Ex. N, Compl. 2010-3105.) This is precisely the kind of minor offense that the Court in Welsh contemplated. The Court is not persuaded that a person standing in the front door threshold with evidence of a felony or a person standing in the threshold of her garage at the end of her front driveway suspected of driving under the influence are sufficiently factually similar to a person in his backyard suspected of a disorderly persons crime of obstruction. Looking at the facts, analysis, and reasoning in Santana and Nikola, the issue to the Court appears to be whether a public passerby would have been able to see Panarello in the backyard from the street. If Panarello were visible from a public passerby, then the warrant-less entry into the backyard is justified to effect the arrest. Otherwise, both the war-rantless entry into the backyard and the warrantless arrest within the curtilage are unlawful under the Constitution. The parties have cross moved for summary judgment on this issue, meaning neither movant benefits from any inferences. Looking at the undisputed facts, no one has identified to this Court where precisely in the backyard Panarello was standing. All that can be agreed upon is that Panarello was somewhere in the backyard visible to the police from somewhere on the driveway. (Pls.’ Cross Mot. SMF ¶¶ 27-28; Off. Defs.’ SMF ¶¶ 59-60.) It is unclear whether Panarello could have been observed by a public passerby when seen by the officers committing what they believed to be obstruction. Because this is an issue of fact, summary judgment cannot be granted on this issue. Accordingly, both motions will be denied with respect to the warrant-less entry and arrest due to the presence of a genuine issue of material fact. 3. Excessive Force Plaintiffs complain of three distinct instances of excessive force: (1) the force used during Panarello’s initial arrest to subdue him and handcuff him; (2) the conduct of the officer who drove him from his house to the police station; and (3) the use of the OC spray while Panarello was in the booking room at the police station. (See generally FAC Counts I, II.) The Officer Defendants move for summary judgment on the grounds that (1) their use of force was neither unlawful nor excessive at any time (Off. Defs.’ Mot. Br. at 7-14); and (2) the Heck doctrine bars any argument that there was excessive force at the time of his arrest (Off. Defs.’ Mot. Br. at 15-16.) The three uses of force will be analyzed in turn, i. Standard for Excessive Force Claims The force used by the Officer Defendants at the time of arrest must be analyzed under the Fourth Amendment. See Rivas v. City of Passaic, 365 F.3d 181, 198 (3d Cir.2004) (“[A]ll claims of excessive force by police officers, in the context of an arrest, investigatory stop, or other ‘seizure/ should be analyzed under the Fourth Amendment.”) (citing Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989)). However, it is not clear what standard applies to the use of force during Panarello’s transportation to the police station and the use of force at the police station. The Supreme Court, first in Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) and most recently in Kingsley v. Hendrickson, — U.S. -, 135 S.Ct. 2466, 192 L.Ed.2d 416 (2015), made clear that excessive force claims made by pretrial detainees in state facilities are to be evaluated under the Fourteenth Amendment Due Process Clause. See Kingsley, 135 S.Ct. at 2472-73. Those cases have specifically left open the issue of when the subject of a criminal case transitions from the status of an arrestee — whose claims are evaluated under the Fourth Amendment — to a pretrial detainee — whose claims are evaluated under the Fifth or Fourteenth Amendment, as appropriate. See Kingsley, 135 S.Ct. at 2479 (Alito, J., dissenting) (noting that the Fourth Amendment versus Due Process Clause issue is unsettled); Graham, 490 U.S. at 395 n. 10, 109 S.Ct. 1865 (“Our-cases have not resolved the question whether the Fourth Amendment continues to provide individuals with the protection against the deliberate use of excessive physical force beyond the point at which arrest ends and pretrial detention begins, and we do not attempt to answer that question today.”). The Third Circuit has also not clarified the issue, but has found that the use of force by a police officer in the station house garage occurred during an arrest, and so would be analyzed under the Fourth Amendment, “[w]ithout deciding where an arrest ends and pretrial detention begins.” United States v. Johnstone, 107 F.3d 200, 205-06 (3d Cir.1997). Other regional circuit courts have determined that the Fourth Amendment continues to apply beyond even this point. See, e.g., Estate of Booker v. Gomez, 745 F.3d 405, 419 (10th Cir.2014) (applying the Fourth Amendment to a plaintiff arrested without a warrant prior to any probable cause hearing); Chambers v. Pennycook, 641 F.3d 898, 905 (8th Cir.2011) (applying the Fourth Amendment “to incidents occurring during the transportation, booking, and initial detention of a recently arrested person”); Aldini v. Johnson, 609 F.3d 858, 865-67 (6th Cir.2010) (applying the Fourth Amendment for warrantless arrestees prior to a probable-cause hearing, relying on dicta in Bell v. Wolfish, 441 U.S. 520, 536, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979)). Based on the Third Circuit’s holding in Johnstone, this Court finds that any alleged use of force against Panarello during his transport to the police station must be analyzed under the Fourth Amendment. This Court also finds that because Panarello was arrested without a warrant, relying on the weight of authority from the other regional circuits, the Fourth Amendment applies to the alleged use of force while in the police station booking room For a Fourth Amendment excessive force analysis, “whether there is a constitutional violation is properly analyzed under the Fourth Amendments’ objective reasonableness standard.” Curley v. Klem, 499 F.3d 199, 206 (3d Cir.2007) (quoting Graham, 490 U.S. at 388, 109 S.Ct. 1865) (internal quotation marks omitted). “The test of reasonableness under the Fourth Amendment is whether under the totality of the circumstances, ‘the officers’ actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivations.’ ” Kopec v. Tate, 361 F.3d 772, 776 (3d Cir.2004) (quoting Graham, 490 U.S. at 397, 109 S.Ct. 1865). “[T]he ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene; Monday morning quarterbacking is not allowed.” Lamont v. New Jersey, 637 F.3d 177, 183 (3d Cir.2011) (quoting Graham, 490 U.S. at 396, 109 S.Ct. 1865) (internal quotation marks omitted). A court must consider “all of the relevant facts and circumstances leading up to the time that the officers allegedly used excessive force.” Rivas, 365 F.3d at 198 (citing Abraham v. Raso, 183 F.3d 279, 291 (3d Cir.1999)). “Even where an officer is initially justified in using force, he may not continue to use such force after it has become evident that the threat justifying the force has vanished.” Id. at 184 (citations omitted). However, “[t]he reasonableness of the use of force is normally an issue' for the jury.” Id. (citing Abraham, 183 F.3d at 290). ii. Force at the Time of Arrest The Officer Defendants argue that the Heck doctrine bars any claim by Pa-narello for excessive force at the time of his arrest. (See Off. Defs.’ Mot. Br. at 15-16.) Their argument is that the New Jersey court entered a finding rejecting Pa-narello’s argument that he was entitled to use self-defense, so if the present claim were submitted to a jury that ultimately found for Panarello, it would upend Panar-ello’s conviction for resisting arrest because he would be entitled to use self-defense against the unlawful force, a result which the Heck doctrine specifically prohibits, as explained in Section IV.B.2, supra. This is because New Jersey law permits an arrestee to use self-defense to resist an arrest effected through unlawful force. The Heck doctrine does not automatically bar a § 1983 claim for excessive force for effecting an arrest when the § 1983 plaintiff has been previously convicted of resisting the same arrest. See Lora-Pena v. F.B.I., 529 F.3d 503, 506 (3d Cir.2008) (per curiam); Nelson v. Jashurek, 109 F.3d 142, 145-46 (3d Cir.1997). However, the relevant Third Circuit cases are distinguishable from the instant case. In Nelson, the plaintiff had been convicted of resisting arrest under Pennsylvania law that only required the jury to find that the officer “was justified in using ‘substantial force.’” 109 F.3d at 145. The Third Circuit held that “the fact that [the officer] was justified in using ‘substantial force’ to arrest [the plaintiff] does not mean that he was justified in using an excessive amount of force, and thus does not mean that his actions in effectuating the arrest necessarily were objectively unreasonable.” Id. Thus, the court reasoned that Heck would not bar the claim. Id. at 145-46. Similarly, in Lora-Pena, “[t]he trial judge instructed the jury in [the plaintiff]’s criminal case that in order to find [the plaintiff] guilty of assaulting a federal officer, they had to determine that the officer was acting in the performance of his official duties.” 529 F.3d at 505. The Third Circuit determined that “the question of whether the officers used excessive force was not put before the jury. ... Nowhere in the jury instructions did the trial judge state that the jury must determine whether the officers used excessive force against [the plaintiff].” Id. at 506. Accordingly, the court concluded that “the rationale of Heck does not present an absolute bar.” Id. In contrast to the plaintiffs in both Nelson and Lora-Pena, there is a specific finding from the New Jersey Superior Court that Panarello’s self-defense claim failed when Judge Smith affirmed Panarel-lo’s conviction for resisting arrest. Order Affg Conviction ¶5b State v. Panarello, Muni. Appeal No. A-28-13 (NJ.Super.Ct. Law Div. June 24, 2014). Additionally, the New Jersey Superior Court, Appellate Division, has held under the same rationale advanced by the Officer Defendants that where a plaintiff has pleaded guilty to resisting arrest, he has “forfeited any claim that defendants used excessive force in effecting his arrest” and his claims “are barred because a favorable outcome in the civil action would be inconsistent with the admissions he made by pleading guilty.” Bustamante v. Borough of Paramas, 413 N.J.Super. 276, 295, 994 A.2d 573 (2010) (citations omitted). Although Panarello did not plead guilty and thereby admit he was not entitled to use force, the explicit finding of the Superior Court in his criminal case provides the same. Therefore, this Court must agree with the Officer Defendants. Permitting this claim to go forth presents the possibility that if the jury were to find for Panarello on this issue, this would be a finding that directly contravenes the conclusions of the fact-finder from the criminal proceeding, which Heck does not permit. Accordingly, the Officer Defendants’ Motion is granted with respect to the use of force during the arrest. iii. Force in Transporting Panarello to the Police Station The accounts of the parties differ on the issue of what occurred during the transportation of Panarello to the police station. It is not in dispute that Officer Armstrong was the one who transported Panarello. (Off. Defs.’ SMF If 118; Pls.’ Resp. to Off. Defs.’ SMF at 14.) It is also apparently not in dispute that Panarello sustained additional injuries during the transport from Plaintiffs’ property to the police station — the dispute is as to whose fault it is. (See Pls.’ Resp. to Off. Defs.’ SMF at 14-15.) Officer Armstrong argues that he merely transported Panarello, and that during the transport, he called for an EMT to meet them at the police station due to the injuries sustained during his arrest. (Off. Defs.’ SMF ¶¶ 117-19; Armstrong Dep. Tr. at 47:25-48:9, 49:23-51:2.) Officer Armstrong also testified at the state criminal proceedings that Panarello was yelling and screaming in the back of the patrol car and was banging his head and upper body against the plexiglass. (Trial Tr. vol. 2 (Off. Defs.’ Ex. Q [Dkt. No. 164-20]) at 24:13-26:13.) Plaintiffs, on the other hand, claim that Panarello was placed unrestrained into the back of the police vehicle following his arrest, and that Officer Armstrong purposefully accelerated and braked abruptly in order to cause him further injury. (Pls.’ Resp. to Off. Defs.’ SMF at 14-15; Panarello Aff. ¶¶ 8-9.) This constitutes a genuine issue of material fact, as the parties dispute the responsibility for Panarello’s additional injuries. This dispute only be resolved by weighing the credibility of the witnesses, which the Court cannot and must not do at this procedural juncture. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. Accordingly, the Officer Defendants’ Motion with respect to this issue will be denied. iv. Use of the OC Spray in the Police Station Booking Room Again, the accounts of the parties differ on what led up to the use of the OC spray in the booking room. Not in dispute is the fact that Officers Armstrong and Day were present, and Officer Day is the one who deployed the OC spray. (Off. Defs.’ SMF ¶¶ 121-27; Pls.’ Resp. to Off. Defs.’ SMF at 15-16.) Officers Armstrong and Day submit that after Officer Armstrong took Panarello into the police station, Panarello was yelling his name and Social Security number, but that Officer Armstrong removed Panarello’s handcuffs, and then instructed him to sit down on a bench to be secured by handcuffs to the wall. (Off. Defs.’ SMF ¶¶ 124-26; Armstrong Dep. Tr. at 51:13-53:16, 55:9-25; Day Dep. Tr. at 52:23-54:9, 57:18-62:19.) They claim that Panarello “raised his fists and took an aggressive posture” and refused to follow orders to sit down on the bench after being instructed to do so repeatedly. (Off. Defs.’ SMF ¶¶ 125-27; Armstrong Dep. Tr. at 56:1-13; Day Dep. Tr. at 62:8-19.) Officers Armstrong and Day then claim Officer Day decided to use OC spray to obtain compliance from Panarello rather than engage in a physical altercation. (Off. Defs.’ SMF ¶¶ 127-28; Armstrong Dep. Tr. at 56:14-17; Day Dep. Tr. at 62:20-63:3.) Officer Armstrong further submits that he gave Panarello paper towels to wipe his face, but that Panarello refused and instead yelled his name and Social Security number over and over. (Off. Defs.’ SMF ¶¶ 131-32; Armstrong Dep. Tr. at 60:17-62:7.) Plaintiffs conversely claim that the OC spray was administered after Panarello was already secured by handcuffs to the wall and while we was in a semi-conscious state. (Pls.’ Resp. to Off. Defs.’ SMF at 15-16; Panarello Aff. ¶ 10.) This too constitutes genuine issues of material fact, regarding both the timing of the use of the OC spray and the events leading up to its use. Again, the dispute can only be resolved by judging the credibility of the witnesses, and accordingly the Officer Defendants’ Motion with respect to this issue will be denied. 4. Retaliatory Complaints, Malicious Prosecution, and Abuse of Process Plaintiffs advance as a theory of liability under § 1983 the fact that all of the Officer Defe