Hawa and Gul v. Paterson, Federal Case No. 2:12-cv

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THOMAS J. MAILON, ESQ.
Attorney-at-Law
86 Court Street
Freehold, NJ 07728
(732) 780-0230
Attorney for Plaintiffs Sikander Hawa and Ajab Gui
'UNITED STATES DISTRICT COURT
SIKANDER HAWA and
MAD GUL,
DISTRICT COURT OF NEW JERSEY
NEWARK
Plaintiffs,
Civil Action No.: -
VS.
)
CITY OF PATERSON;
JOHN DOES 11-15,
Municipal Employees, Officials
and/or Appointees;
JAMES WITTIG, Chief of Police;
JOHN DOES 6-10,
Personnel of the Paterson Police
Department in supervisory capacities;
COIVLPLAINT
WILSON LAW; ROBERT HINTZEN; and
JOHN DOES 1-5, members of the
Paterson Police Dep 3 na ent,
Defendants.
JURISDICTION
1. This action is brought pursuant to 42 U.S.C. Section 1983 and in accordance with the
Fourth and Fourteenth Amendments of the Constitution of the United States of America.
Jurisdiction is conferred under 28 U.S.C. Section 1331 and Section 1343(3).
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PARTIES
1. Plaintiffs Sikander Hawa and Ajab Gul, residing at 353-355 Bast 36th Street, Paterson,
New Jersey, 07504, are and were, at all times herein relevant, residents of the State of New
Jersey and citizens of the United States.
2. Defendants Wilson Lazu , Robert Hintzen and/or John Does 1-5 were at all times
mentioned herein duly appointed and acting police officers of the City of Paterson Police
Department and at all times herein were acting in such .a capacity as the agents, servants and/or
employees of City of Paterson and were acting under the color of law.
3. Defendants Chief of Police James Wittig; John Doc 2 and/or John Does 6-10 were at
all times mentioned herein duly appointed and acting members of the City of Paterson Police
Department and at all times herein were acting in. such Capacities as the agents, servants and/or
employees of the City of Paterson and were acting under the color of law.
4. Defendants Chief of Police James Wittig, John Doe 2 and/or John Does 610 were acting in supervisory capacities over Defendants Lazu; Hintz= and/or John Does 1-5
and responsible by law for the training, supervision and conduct of Defendants Lazu; Hint=n,
and/or John Does 1-5.
5. Defendants John Does 11-15 were at all times mentioned Municipal Employees,
Officials and/or Appointees of the City of Paterson and at all times herein were acting in such
capacities as the agents; servants and/or employees of the City of Paterson and were acting under
the color of law.
6. Defendants John Does 11-15 were responsible by law for the truining, supervision and
conduct ofDefendants Wittig; Lau; Hintzen, and/or John Does 1-15.
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7. Defendant City of Paterson is a duly designated municipality of the state of New
Jersey, under the laws of the State of New Jersey.
8. At all times relevant hereto, Defendant City of Paterson employed the aforementioned
Defendants. As such, it was responsible for the training, supervision and conduct of Defendants
Wittig; LEIZU$ Iiintzen and/or John Dees 1-15.
9. Suit is brought against all individually named Defendants in their personal and official
capacities.
F'AC'TUAL ALLEGATIONS
1. Plaintiff Ajab Gul is the owner of New York Fried Chicken, located on 241 Rosa
Parks Boulevard, Paterson, New Jersey.
2. The premises has a counter and foyer without tables or chairs, where customers order
take out food.
3. On 6/21/08, 6/7/09, and 8/9/09, Plaintiff Ajab Gul was issued tickets for Maintaining
A Nuisance.
4. Plaintiff was issued the tickets because people congregate h: the area outside of
Plaintiff's premises.
5. Plaintiff never encouraged anyone to congregate outside of his restaurant
6. On 7/25/10, Defendants Lazu and Hintzen arrived at Plaintiff's business, ordered
customers out of the premises, and demanded Plaintiff's driver's license to issue him another
ticket for Maintaining a Nuisance.
7. Defendants Lazu and Hintzen then assaulted Plaintiff Nab Gul, using excessive and
unnecessary-force.
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8. Specifically, Plaintiff opened the door leading to the foyer, and Defendants Lazu and
Hintmen grabbed him by the arm.
9. Defendants then pushed Plaintiff up against the foyer wall, patted him down, and
took his wallet from his pants pocket.
10. Defendants took his wallet and exited the store.
.
11. Plaintiff Aid, Gul called his sons, Plaintiff Sikander lima and Isa Haws, for
assistance.
12. Defendant Lana and Hintzen's =justified assault and seizure of Plaintiff Ajab Gul
was captured on Plaintiff's video surveillance camera.
13. Plaintiff sons, Plaintiff Sikander Haws and Isa Haws, arrived outside.
14. Defendants also assaulted Plaintiff Sikander Biwa, using unnecessary and excessive
.
force on him after Plaintiff Sikander Haws questioned why Defendants were issuing his father
another Maintaining A Nuisance ticket
15. The conversation between Plaintiff Sikander Hewn and Defendants Leta and Hintz=
was recorded on cell phone.
16. Plaintiff Meander liawa was handcuffed.roughly by Defendanta and pushed inside of
Defendants' patrol car.
17. Plaintiff Sikander Hawn was transported to Paterson Police Department, where he
was charged with Disorderly Conduct, NJS 2C: 33-2A (1), and Obstructing a Governmental
Function, NJS 2029- 1A.
18. Defendants Lazu, Hintzen and/or John Does 1-15 never issued Plaintiff Ajab Gul a
nuisance summons, as was their original intent
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19. On the way to the police station, Defendants LAW and/or flintzen were verbally
abusive toward Plaintiff, speaking disparagingly about his national origin, specifically
sating "What are you doing here? You shouldn't be in this country."
20. On or about 3/15/12, the charges against Plaintiff Sikander Hawa were dismissed.
SECTION 1983 ENcssrvE QRCE
COUNT ONE
I. The previous paragraphs are incorporated herein inclusively as if fully set forth.
2. As a direct and proxinutte result of the above-referenced excessive force and unlawful
and malicious physical abuse of Plaintiffs Sikander Hawa and Ajab Gul by Defendants Lazu,
Hintze% and/or John Does 1-5'committed under color of state law, Plaintiffs sustained bodily
harm and were deprived of their right to be secure in their person against unreasonable seizure of
their person, in violation of the Fourth and Fourteenth Amendments of the Constitution of the
United States and U.S.C. Section 1983.
3. Asa direct and proximate cause of the malicious: and outrageous conduct of
Defendants as set forth above, Plaintiffs suffered bodily injuries, lost income, and will suffer
additional special damages in the future in an amount which cannot yet be determined.
4. By reason of the above, Plaintiffs were injured, suffered great mental anguish, and
were deprived of their constitutional rights as described above.
WHEREFORE, Plaintiffs Sikander Hawa and Ajab Gul demand judgment against
Defendants Lazu, Hintzen, and/or John Does 1-5, on this Count together with compensatory and
punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further
relief as the court deems proper and just.
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SECTION 1983 IILEGAL SEARP.4. / SEIZURE
COUNT TWO
1. The previous paragraphs are incorporated herein inclusively as if fully set forth.
2. The aforementioned acts of Defendants Lazu,14intzen and/or John Does 1-$
committed under color of state law in initiating seizures of Plaintiffs Ajab Gul's and Sikander
Hawes persons was unjustified, without probable cause or any other exception to the warrant
requirements under the Fourth and Fourteenth Amendments of the Constitution of the United
States.
3. The aforementioned acts were in violation of Plaintiffs' right to be free from
.
unreasonable search and seizure under the Fourth Amendment of the Constitution of the United
States, and the right to be free of the deprivation of liberty under the Fourteenth Amendment of
the Constitution of the Unites States, made actionable through 42 U.S.C. Section 1983.
4. The criminal charges against Plaintiff Si Lander Hawa were dismissed, and Plaintiff
Ajab Cul was never issued a Nuisance summons, as was Defendants Lazu, Hintzen, and/or John
Does 1-15's original intent
5. By reason of the above, Plaintiffs were greatly injured, suffered great mental anguish
preventing there from attending to their business and were deprived of their constitutional rights
as described above.
6. As a direct and proximate cause of the malicious and outrageous conduct of
Defendants as set forth above, Plaintiffs Ajab Gul and Slander Hawn suffered bodily injuries
and incurred lost income as well as legal expenses in connection with defending the false charges
brought against them by Defendants, and will suffer additional special (lemmas in the future in
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an amount which cannot yet be determined.
WHEREFORE, Plaintiffs Ajab Gul and Sikander Hawa demand judgment against
Defendants Lam, Ilintzen and/or John Does 1-5 on this Courit together with compensator
►
.
and
punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further
relief as the court deems proper and just.
SECTION 1983 FADE. ARREST I IMPRISONMENT
COUNT THREE
1, The previous paragraphs are incorporated herein inclusively as if fully set forth.
2. The aforementioned acts of Defendants LafEllj Hintzen and/or Joim Does 1-5 in
arresting and/or imprisoning Plaintiffs was without probable cause under the Fourth and
Fourteenth Amendments of the Constitution of the United States.
3. The aforementioned acts were in violation of Plaintiffs' right to be free from
unreasonable seizure under the Fourth Amendment of the Constitution of the United States, and
the right to be free of the deprivation Of liberty under the Fourteenth Amendment of the
Constitution of the Unites States, protected by 42 U,S.C. Section 1985.
4. The criminal: c.harges against Plaintiff Sikander Hawa were dismissed, and Plaintiff
Ajab Gul was never issi. ed a Nuisance $11111M01111, as was Defendants Lazo ; Hintzen, and/or John
Does 1-15's original intent.
4. By reason of the above, Plaintiffs were greatly injured, suffered great mental anguish
preventing them from attending to their business and were deprived of their constitutional rights
as described above.
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5. As a direct and proximate cause of the malicious and outrageous conduct of
Defendants as set forth above, Plaintiffs suffered bodily injuries; damages in the form of lost
income; legal fees to defend the false charges brought against them by Defendants, and will
suffer additional special damages in the future in an amount which cannot yet be determined.
WHEREFORE, Plaintiffs Sikander Hawa and Ajab Gut demand judgment against
Defendants'Lazu, Hintzen, and/or John Does 1-5, on this Count together with compensatory and
punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further
relief as the court deems proper and just.
SECTION 1983 FAILURE TO INTERVENE
COUNT FOUR
1. The previous paragraphs are incorporated herein inclusively as if fUlly set forth.
2. Debadants Lazu, Hintzen, and/or John Does 1-5 were City of Paterson Police Officers
and at all times mentioned herein were acting under color of state law.
3. Defendants Lazu, Hintzen and/or John Does 1-5 had a duty to intervene in the
unjustified assault and =teat of Plaintiffs by Defendants Lazu, Hintz= and/or John Does
1-10.
4. The unjustified assault and arrest of Plaintiffs by Defendants Laza, Hintzen and/or John
Does 1-5 deprived Plaintiffs of their right to be secure in their person against unreasonable seizure
in violation ofthe Fourth and Fourteenth Amendments of the Constitution of the United States and
made actionable through 42 U.S.C. Section 1983.
5. Defendants Lazu, Hintzen and/or John Does 1-5 bad a reasonable opportunity to
intervene in the unjustified arrest and assault of Plaintiffs by Defendants Lazu, Hintzen end/or John
Does 1-10 and failed to intervene.
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6. As a direct and proximate cause of Defendants, I-lintzen and/or John •Does 1-5
failure to intervene Plaintiffs suffered physical injury; lost income; legal,fees to defend the false
charges brought against them by Defendants, and mental anguish in connection with the
deprivation of their constitutional rights guaranteed by the Fourth and Fourteenth Amendments
to the Constitution of the United States and protected by 42 U.S.C. Section 1983.
WHEREFORE, Plaintiffs Sikander Hawa and Ajab Gni demand judgment against
Defendants Lazu, Hintzen arid/or John Does 1-10 on this Count together with compensatory and
punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further relief
as the court deems proper and just.
SEC 0 19 e MAL 1
XJ JO
COUNT FIVE
1. The previous paragraphs are incorporated herein inclusively as if fully set forth.
2. Defendants DIZU, Hintzen and/or John Does 1-15 initiated criminal process against
Plaintiffs with malice and without any probable cause or other Fourth Amendment justification.
3. As a direct and proximate cause of the actions initiated by Defendants Lazu, Hint=
andior Sohn DON 1-15, Plaintiffs suffered a deprivation of liberty consistent with the concept of
seizure as a consequence of the legal proceeding.
4. The criminal charges against Plaintiff Sikander Hawa were dismissed, and Plaintiff
Ajab Gut was never issued a Nuisance summons, as'was Defendants Lazu, Hintze; and/or John
Does 1-15's original intent.
5. Plaintiffs suffered physical injury, lost income, and legal fees to defend the false
charges brought against them by Defendants; mental anguish, and additional special damages in
the future in an amount which cannot yet be determined in connection with the deprivation of
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their constitutional rights guaranteed by the Fourth and Fourteenth Amendments to the
Constitution of the United States and protected by 42 U.S.C. Section 1983.
WIIEREFORE, Plaintiffs Shoulder Hawa and Ajab Gul demand judgment against
Defendants Laru, Hintzen and/or John Does 1-15, on this Count together with compensatory and
punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further
relief as the court deems proper and just.
SECTION 1983 SUPERVISORY LIABILITX
COUNT SIX
1. The previous paragraphs are incorporated herein inclusively as if fully set forth.
2.. Defendants John Doe 2 and/or John Dees 6-10 were supervisory officials and/or
officers in charge at the time Plaintiffs were (nested and assaulted.
3. Defendants John Does 11-15 were Defendant City of Paterson Municipal employees,
Officials and/or appointees at the time that Plaintiffs were arrested and assaulted.
4. Defendants John Doe 2 and/or John Does 6-15 had a duty to prevent subordinate
officers Defendants I.azu, Hintzen and/or John Does 1-5 from violating the constitutional rights
of citizens and/or detainees.
5. Defendants John Doe 2 and/or John Does 6-15 either directed Defendants Lazo,
Hintzen and/or John Does 1.5 to violate Plaintiffs' constitutional rights or had knowledge of and.
acquiesced in his/their subordinates violations.
6. Plaintiffs suffered physical injury; lost wages; legal fees to defend the false charges
brought against them by Defendants; mental anguish, and additional special damages in the
future in an amount which cannot yet be determined in connection with the deprivation of their
constitutional rights guaranteed by the Fourth and Fourteenth Amendments to the Constitution of
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the United States and protected by 42 U.S.C, Section 1983.
WHEREFORE, Plaintiffs Sikander Hawa and Ajab Gul demand judgment against
Defendants John Does 2 and/or John Does 6-15 on this Count together with compensatory and
punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further
relief as the court deems proper and just.
SECTION. 1983 UN W
INADEQUATE TRAINING
COUNT SEVEN
I'O ICY/
1. The previous paragraphs are incorporated herein inclusively as if fully set forth.
2. Defendants City of. Paterson; James Wittig, John Doe 2 and/or John Does 6 15,
-
are vested by state law with the authority to make policy on : (1) the use of force; internal
affairs investigations and/or administrative reviews pursuant to City of Paterson Police
Department policies, practices and/or customs and/or the New Jersey Attorney General's Use of
Force and/or Internal Affairs Guidelines; (2) effectuating arrests; (3) police citizen encounters
and/or the laws of search and seizure, and/or (4) disciplining officers.
3. Specifically, Defendant James Wittig is the Chief of Police. Defendants John Does
6- 10 are responsible for training Pace Officers in the use of force and/or the laws of search and
seizure. Defendants and/or John Doe 2 was the officer in charge when Plaintiffs were assaulted
and /or falsely arrested. Defendants John Does 11-15 were municipal employees, of
and/or
appoimees of Defendant City of Paterson.
4. At all times mentioned herein, Defendants Wittig;,. John Doe 2 and/or John Does 6-10
as police officers, agents, servants and/or employees of Defendant City of Paterson were acting
under the direction and control of Defendant City of Paterson's Police Department; Wittig; John
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Does 2 and/or John Does 6-15, and were acting pursuant to the official policy, practice or
custom of Defendant City of Patersca's Police Department.
5. Acting under color of law pursuant to official policy, practice, or custom, Defendants
City of Paterson; Wittig; John Doe 2 and /or John Does 6-15 intentionally, knowingly, recklessly
and/or with deliberate indifference failed to train, instruct, supervise, control, and discipline, on a
continuing basis, Defendants Wittig; LaZU; Hintzen, and/or John Does 1-15 in their duties to
refrain from: (1) unlawfully and maliciously assaulting, arresting and harassing citizens; (2)
maliciously prosecuting and harassing citizens () intentionally, recklessly and/or negligently
misrepresenting the facts of arrests and/or other police-citizen encounters; (4) falsifying police
and/or other official records; (5) withholding and/or mishandling evidence; (6) making false
arrests, and/or (7) using unreasonable and excessive force.
6. Defendants City of Paterson; Wittig John Doe 2, and/or John Does 6-15 were aware
of numerous similar police citizen encounters involving Defendants Wittig; Laza; Hintzen; John
.
Does 1-15 and /or other City of Paterson Police Officers whereby they customarily and frequently
subjected citizens held in custody to physical and mental abuse; unlawfully and maliciously
assaulted, arrested and harassed citizens; intentionally, recklessly and/or negligently
misrepresented the faCtS of arrests and/or other police-citizen encounters; falsified police and/or
other official records; made false arrests, mishandled and/or withheld evidence; maliciously
prosecuted citizens, and/or used unreasonable and excessive force on citizen/arrestees.
7. Defendants Wittig; John Doe 2 and/or John Does 6-15 failed to adequately track
departmental excessive force complaints, false arrest complaints, administrative complaints
and/or use of force incidents in violation of City of Paterson Police Department policies,
practices, customs and/or guidelines and/or the New Jersey Attorney General's Use of Force
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and/or Internal Affairs Guidelines, and/or failed to discipline officers for such violations.
8. Despite their awareness, Defendants City of Paterson; Wittig; John Does 2 and/or John
Does 6-15 failed to employ any type of corrective or disciplinary measures against Defendants
Wittig; Lazu, 11intzen, John. Does 1-15 and/or other City of Paterson Police Officers.
9. Defendants City of Paterson; Wittig; John Doe 2 and/or John Does 6-15 had
knowledge of, or, bad they diligently exercised their duties to instruct, train, supervise, control,
and discipline Defendants James Wittig, Lazu, Hintzon; John Doe 2 and/or John Does 6-15 on a
continuing basis, should have had knowledge that the wrongs which were done, as heretofore
alleged, were about to be committed.
10.Defendants City of Paterson; Wittig, John Doe 2 ancl/or John Does 6-15 had power to
prevent or aid in preventing the commission of said wrongs, could have done so by reasonable
diligence, and intentionally, knowingly, recklessly and/or with deliberate indifference failed to do
SO.
1I. Defendants City of Paterson; Wittig; John Doe 2 and/or John Does 6-15, directly or
indirettly, under color of state law, approved and/or ratified the unlawfbl, deliberate, malicious,
reckless, and wanton_ conduct of Defendants Wittig; Lazu, Hintzcn and/or John Does 1-15
heretofore described.
12. As a direct and proximate result of the acts of Defendants City of Paterson; Wittig;
John Doe 2 and/or John Does 6 10 as set forth herein, Plaintiffs suffered physical injury; lost
-
income; medical expenses; mental anguish, and additional special damages in the future in an
amount which cannot yet be determined, in connection with the deprivation of their
constitutional rights guaranteed by the FoUrth and Fourteenth Amendments to the Constitution of
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the United States and protected by 42 U.S.C. Section 1983.
WHEREFORE, Plaintiffs Sikander Hawa and Ajab Gal demand judgment against
Defendants City of Paterson, James Wittig; John Doe 2 and/or John Does 6- 15 on this Count
together with compensatory and punitive damages, attorney's fees, interest and costs
of suit
incurred, and for any such further relief as the court deems proper and just.
SECTION 1983 DEMAND FOR PROSPECTIVE INJUNCTIVE RELIEF
COUNT EIGHT
1. Pursuant to 42 USC Section 1983, Plaintiffs are entitled to prospective relief against the
Defendants.
2. The relief sought by Plaintiffs include, but is not limited to, the following:
a.
An order permanently restraining and enjoining Defendants City of Paterson;
Wittig; Lazu; Hintzen, John Does 2 and John Does 6-10 from engaging,
encouraging, teaching, promoting or training City of Paterson Police Officers in
falsely arresting, maliciously prosecuting, maliciously abusing process, and/or using
excessive force against citizens and/or arrestees.
.
b.
An order compelling Defendant City of Paterson to take prompt, appropriate
and corrective measures to prevent any practices that encourage, teach,
engage in, promote or train its officers in falsely arresting, maliciously
prosecuting, maliciously abusing process and/or using excessive force against
citizens and/or arrestees.
C.
Ail order compelling Deft a City of Paterson to provide regular
and consistent training sessions to City of Paterson police Officers.
d.
An order compelling Defendant City of Paterson to:implement a system whereby
prompt, appropriate action is taken against any Paterson Police Officer who engages
in, teaches and/or condones falsely arresting, maliciously prosecuting, maliciously
abusing process and/or using excessive force against citizens and/or arrestees.
e.
An order permanently restraining and enjoining Defendants Lazut; Hintzen, and/or
John Does 1-5 from arresting citizens without adequate probable cause, physically
abusing and using excessive force against citizens and/or aire,stees.
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f.
An order permanently restraining and enjoining Defendant City of Paterson
from employing Defendants Lazu; Hintzen and John Does 1-10 as police officers or
law enforcement personnel in any capacity except for clerical duty, solely and
entirely confining them to the Paterson Police Station and limiting them
entirely to desk duty; enjoining Defendants 1,azu, Hintzen and John Does 1-10 from
any patrol duty, and enjoining Defendants Lazu, Hintzen. and John Does 1-10 from
making arrests, assisting in making arrests and using any force in making arrests
and/or assisting in making arrests.
Any other relief as the Court deems proper and just.
WHEREFORE Plaintiffs Sikander Hawa and Ajab. Gut demand judgment against
Defendants City of Paterson, Wittig; Lazu; Hintzen and John Does 1-10 on this Count together
with compensatory and punitive damages, attorney's fees, interest and costs of suit incurred, and
for any such further relief as the court deems proper and. just.
SUPPLEMENTAL., STATE LAW CLAIMS
ASSAULT AND BATTERY
COUNT NINE
1. The previous paragraphs arc incorporated herein inclusively as if fully set forth.
2. Defendants Lazu, Hintzen and/or John Does 1-5 corninittexl an assault and battery on
Plaintiff's SikanderHawa and Ajab Gni by physically injuring them, using unnecessary and excessive
force, and/or by putting them in reasonable apprehension of serious bodily harm.
3. The assaults committed by Defendants were contrary to the laws of New Jersey, and
Plaintiffs invoke the supplemental jurisdiction of this Court to hear and determine this claim.
4. Defendants' acts were committed in the course of their official duties as police officers
and/or agents, servants and/or employees of Defendant City of Paterson, and/or in their personal
capacities.
5. Defendants' actions deprived Piaintiffs of their rights guaranteed by the Fourth and
Fourteenth Amendments to the Constitution of the United States and the Constitution of the State
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of New Jersey.
6. As a result of the Defendants' actions set forth above, Plaintiffs sustained diverse
personal injuries; permanent injuries ; permanent disability; lost income and pain and suffering, and
will incur same for some time to come, along with special damages in the future in an amount which
cannot yet be determined.
VVHEREFORE, Plaintiffs Si: ander Hawa and Ajab Gui demand judgment against
Defendants Lazu; l3intzen; City of Paterson, and/or John Does 1-5 on this Count, together with
compensatory and punitive damages, interest and costs of suit incurred, and for any such fu Cher
relief as the Court deems proper and just.
FALSEST/ IMPRISONMENT
COUNT TEN
1. The previous paragraphs are incorporated herein inclusively as if fully set forth.
2. At all times material and relevant herein, Defendants Lazu; Hintzcn, and/or John Does
1-5 were acting within the scope
of their authority as police officers of the Defendant City
of
Paterson.
3. Said arrest and imprisonment of Plaintiffs was contrary to the laws
of the State of
New Jersey and without probable cause.
4. The criminal charges against Plaintiff Sikander Hawa were dismissed, and Plaintiff
Ajab Gul was never issued a Nuisance summons, as was Defendants Lazu, Hintzcn, and/or John
Does 1-15's original intent.
4. Defendants' acts were committed in the comic of their official duties as police
officers and/or agents, servants and/or employees of Defendant City of Paterson, and/or in
their personal capacities.
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5. Defendants' actions deprived Plaintiffs of their rights guaranteed by the Fourth and
Fourteenth Amendments to the Constitution of the United States and the Constitution of the State
of New Jersey.
6. Plaintiffs invoke the supplemental jurisdiction of this Court to hear and determine
this claim.
7. As a result of the intentional actions set forth above, Plaintiffs sustained diverse
personal injuries; permanent injuries; permanent disability; legal fees to defend against the false
charges brought against them by Defendants; lost income; pain and suffering, and will incur
same for some time to come along with additional special damages tin the future in an amount
which cannot yet be determined..
WHEREFORE, Plaintiffs Sikander Hawa and Ajab Oul demand judgnIent against
Defendants Lazu; Hintzen; City of Paterson, and/or John Does 1-5, on this Count, together with
compensatory and punitive damages, interest and costs of suit incurred.
ILLEGAL SEAR,CH / SEIZURE
COUNT ELEVEN
1. The previous paragraphs are incorporated herein inclusively as if fully set forth,
2. The aforementioned acts of Defendants .Lazu, Hintzen and/or John Does 1-5 earnmitted
under color of state law in initiating a seizure Plaintiffs Sikander Haws and Ajab Oul's persons
Wag unjustified, without probable cause or any other justification under the Fourth and Fourteenth
Amendments of the Constitution of the United States and the Constitution of the State of New
Jersey.
L. Defendants' acts were committed in the course of their official duties as police officers
and/or agents, servants and/or employees of Defendant City of Paterson, and/or in their personal
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capacities.
4. The aforementioned acts were in violation of Plaintiffs' right to be free from
unreasonable search and seizure under the Fourth Amendment of the Constitution of the United
States and the State of New Jersey.
5. By reason of the above, Plaintiffs were greatly injured, suffered great mental anguish
preventing them from attending to their business and were deprived of their constitutional rights as
described above.
6. The criminal charges against Plaintiff Sikander Hawa were dismissed, and Plaintiff Nab
Gul was never issued a Nuisance summons, as was Defendants LIZA Hintzen, end/or John Does 115's original intent.
7. Plaintiff invokes the supplemental jurisdiction of this Court to hear and determine this
claim.
8. As a direct and proximate cause of the malicious and outrageous conduct of Defendants
as set forth above, Plaintiff Sikander Hawa. suffered bodily injuries; lost income; legal expenses in
connection with defending the false charges brought against them by Defendants, and will suffer
additional special damages irA the future in an amount which cannot yet be detennined.
WHEREFORE, Plaintiffs Sikander Hawa and Ajab Gut demand judgment against
Defendants Lazu; Hintzen; City of Paterson, and/or John Does 1-5 on this Count together with
compensatory and punitive damages, attorney's fees, interest and costs of suit incurred, and for any
such further relief as the court deems proper and just.
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.
MALICIOUS PxosEcutioN
COUNT TWELVE
.
1. The above paragraphs are incorporated herein inclusively as if fully set forth,
2. Defendants Lazu, Flintzen and/or John Does 1-15 willfully and deliberately initiated
criminal process against Plaintiffs with malice and without probable cause or any other Fourth
Amendment justification.
3. As a direct and proximate cause of the actions initiated by Defendants Lazu; Ilintzen
and/or John Does 1-15, Plaintiffs suffered a deprivation of liberty consistent with the concept of
seizure as a consequence of the legal proceeding.
4. The criminal charges against Plaintiff Sikander I-Iawa were dismissed, and Plaintiff
Ajab Gut was never issued a Nuisance summons, as was Defendants' Lazu, Ifintzen, and/or John
Does 1-15's original intent
5. Defendants' acts were committed in the course of their official duties as police officers
and/or agents, servants and/or employees of Defendant City of Paterson, and/or in their personal
capacities.
6. Defendants' actions were contrary to the laws and Constitution of the State of New
Jersey, and Plaintiffs invokes the supplemental jurisdiction of this Court to hear and determine
this claim.
7. Defendants' actions were committed in the course of their official duties as police
officers and/or as municipal employees, officials and/or appointees and/or in their personal
capacities.
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8. As a result of Defendants' actions set forth above, Plaintiffs sustairied diverse personal
injuries; permanent injuries; permanent disability; lost income; legal fees to defend the false
charges brought against them by Defendants, pain and suffering and will incur same for some
time to come, along with additional special damages in the future in an amount which cannot yet
be determined.:
9. Plaintiffs suffered physical injury, medical expenses, and mental anguish in
connection with the deprivation of their constitutional rights guaranteed by the Fourth and
Fourteenth Amendments to the Constitution of the United States and the Constitution of the State
of New Jersey.
WHEREFORE, Plaintiffs Sikander Haws and Ajab Gui demand judgment against
Defendants Lazu; Hintze% City of Paterson, and/or John Does 1-15, on this Count together with
compensatory and punitive
HI •
ges, interest and costs of suit incurred, and for any such Anther
relief as the court deems proper and just.
NEM GE /
NTI i A INFLY VON OF EMOTIONAL DIST SS
COUNT THIRTEEN
The previous paragraphs are inc
B
'
d heroin inclusively as if fully set forth.
2. The actions of Defendants Laiu; Hintz= and/or John Does 1-5 in their use of
excessive force upon Plaintiffs Sikander Haws and Ajab Gui; their assault and battery of
Plaintiffs; their false arrest iind imprisonment of Plaintiffs; their malicious prosecution of
Plaintiffs, and their illegal seizure of Plaintiffs Sikander Hawn and Ajab Old was intentional and
contrary to the laws of the State of New Jersey, and Plaintiffs invoke the supplemental
jurisdiction of this Court to hear and determine this claim.
3. Defendants' acts were committed in the course of their official duties as police officers
and/or agents, servants and/or employees of Defendant City of Paterson, and/or in their personal
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capacities.
4 . As a result of said intentional, reckless and/or negligent acts, Plaintiffs sustained
severe emotional &stress.
WHEREFORE, Plaintiffs Sikander l4awa and Ajab (Jul demand judgment against
Defendants Lazu, .Hint en; City of Paterson, and/or John Does 1-15, on this Count, together with
compensatory and punitive damages, interest and costs of suit incurred and for such further relief
as the Court deems proper and just.
MiditgENCE
COUNT FOURTEEN.
1. The previous paragraphs are incorporated herein inclusively as if fully set forth.
2. Defendants Lazu, Hintzen and/or John Does 1-5 had a duty to the. Plaintiffs to not expose
them to an unreasonable risk of injury.
3. Through the acts and /or omissions set forth at length above, Defendants Lazu, Hintze')
and/or John Does 1-5 breached that duty.
4. The acts of the Defendants were in violation of the common law of the State of New
Jersey, and Plaintiffs invoke the supplemental jurisdiction of this court to hear and determine this
claim.
5. As a direct and proximate result of their breach of duty to Plaintiffs, they were caused to
suffer significant and permanent physical and emotional injury; medical expenses; lost wages;
pain and suffering and will continue to incur satne in the future for some time to come, along with
additional special damages in the future in an amount which cannot yet be determined.
WHEREFORE, Plaintiffs Sikander Hawa and Ajab Gul demand judgment against
Defendants Lazu, Hintzen and/or ]oho Does 1-5, on this Count together with compensatory and
punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further relief
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as the court deems proper and just.
VI
W
COUNT FIFTEEN
CRA
1. The previous paragraphs are incorporated herein inclusively as if fully set forth.
2.. The excessive force used; malicious prosecution; false arrest/imprisonment, and illegal
search and seizure committed by Defendants Lazu,l-lintzen and/or John Does 1-5, set forth at length
above, deprived. Plaintiffs of their substantive due process right to be free from unlawful seizure of
their persons, and their fimdamental right to liberty secured by the Constitution of the United States
and the Constitution of the State of New Jersey, in violation of N.J.S.A. 10:6-1, e seq. ("The New
Jersey Civil Righti Act").
3. Defendants' acts were committed in the course of their official duties as police officers
and/or agents, servants and/or employees of Defendant City of Paterson, and/or in their personal
capacities,
4. As a direct and proximate result of the afontsaid acts of Defendants Laza, Ilimzen and/or
John Does 1-5, Plaintiffs suffered physical injury, medical expenses; lost wages; mental anguish,
and additional special damages in the future in an amount which cannot yet be determined.
NVBEBEFORE, Plaintiffs Sikander Hawn and Ajab Gut demand judgment against
Defendants Lam, Ilintzen; City of Paterson, and/or John Does 1-5, on this Count together with
compensatory and punitive damages, attorney's fees, interest and costs of suit incurred, and for any
such further relief as the court deems proper and just.
P:f
EP A NDJQII.
( JUE
Plaintiffs hereby demands a trial by jury as to all issues.
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DESIGNATION
COUNSEL
Please be advised that Thomas J. Mallon, Esquire is hereby desigoated trial counsel in the
above captioned matter.
/5/ Thomas J. Mallon, BSquire
Dated: July 1$, 2012
THOMAS a. MALLON, ESQUIRE
23
ilesoluifin-t of the (gag of IlLterean,
No
11
Res. # 13:109
Date of
Factual Contents Certified By
Division
TITLE:
Adoption MIZI-TARY.
RESOLUTION AUTHORIZING SETTLEMENT
OF PENDING LITIGATION I/M/0 SIKANDER
HAWA AND AJAB GUL VS. CITY OF
PATERSON ET AL.
Date
Title
Approved As to Fo eV9,14,0n asis
of Facts Se Fort
16P-°°:
0
TI N COUNSEL
."°„ 0
COUNCILPERSON MOHA1403 AICHTARUZZAMAX
Introducing the Following Resolution:
WHEREAS, there is pending litigation in the U.S. District Colin, District Court
of New jersey, Case No. 2:12-CV-04494-SDW-MCA, involving alleged excessive force
and illegal search and seizure, which also carries the possibility of legal fee shifting
against the City; and which claims arise out of an incident which occurred on or about
July 25, 2010, in which the plaintiffs allegedly sustained personal injuries; and
WHEREAS, the City's defense counsel have recommended a settlement to the
City of Paterson; and
WIEEREAS, the Municipal Council has had an opportunity to review all
pertinent facts with the Corporation Counsel and the Business Administrator, following
review of a report by the City's defense counsel assigned to represent the interests of the
City in said matter; and
WHEREAS, it has been recommended that the litigation in question be settled by
the payment of $25,000.00 by the City of Paterson in full and final settlement of all
claims presented by the plaintiff, including but not limited to counsel fees; and
WHEREAS, the Municipal Council has determined that it is in the best interest
of the City of Paterson to settle this litigation on the terms and upon the conditions
hereinafter set forth.
,
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the
City of Paterson as follows:
1. That the litigation in question be settled by the payment of $25,000.00 by the
City of Paterson in full and final settlement of all claims presented by the
plaintiffs, including but not limited to counsel fees.
2. That the assigned defense attorneys representing the City's interests are
hereby authorized to execute a Settlement Agreement and such documents as
are required to effectuate this settlement, as approved by the Corporation
Counsel.
3. That no payment shall be made until actually certified against the Temporary
Municipal Budget as adopted and certified by the Acting Finance Director in
accordance with N.J.A.c. 5:30-5.5.
4. The Business Administrator and Corporation Counsel are authorized to secure
the official signatures necessary to effectuate this settlement.
5. The Business Administrator shall secure state DCA approval for this
settlement, if needed. If said approval is needed, no funds shall be paid unless
and until such DCA approval is granted. If DCA approval is needed but not
granted, this settlement may not be put into effect.
03/3.
Dale
RESOLUTION AUTHORIZING SETTLEMENT
OF PENDING LITIGATION FM/0 WANDER
HAWA AND AJAR GUI VS. CITY OF
PATERSON, ET AL.
Page 2 of2
STATEMENT OF PURPOSE
The purpose of this Resolution is to approve a settlement by the City Council in
the matter of Sikander Hawa and Ajab GuI v. City of Paterson. et al.
Z:IdoournentARenolutionskPLD-Resolution Authorizing Settlement-ilawa v. COP- 02.-I2-13-P.IF-d.dos
SECONDED BY COUNCILPERSON EENYETH Mc14NIEL
Do Not Use Space Below This Line
RECORD OF COUNCIL VOTE ON FINAL PASSAGE
1. AKHTARUZZAMAN, MOHAMMED
2. COTTON, RUBY N.
3. DAVIS, ANTHONY
4. McDANIEL, KENNETH
5. McK0Y, WILLIAM G.
6. MORRIS, KENNETH
7. RODRIGUEZ, RIGO
8. SAYEGH, ANDRE
9. TAVAREZ, JUL •
AdolSted at a meeti z if
th
NAY
ABSTAIN
ABSENT
x
X
X
uniclpal Council of the City of Paterso
A,
YEW
AYE
X
OF
El3RU4Y 13 t 2013
City Clerk
resident
Council
wttONrEY DA i S
,A.NE E. WILLIAMS-WARREN
This Resolution when adopted must remain in the custody F the City Clerk. Certified copies are available.
Form 5