Esposito v. Little Egg Harbor, Federal Case No. 3:08-cv

Transcription

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THOMAS J. MALLON, ESQ.
Attorney-at-Law
86 Court Street
Freehold, NJ 07728
(732) 780-0230
Attorney for Plaintiffs, Ciro and Consiglia Esposito
CIRO ESPOSITO and
CONSICLIA ESPOSITO, his wife,
UNITED STATES DISTRICT COURT
DISTRICT COURT OF NEW JERSEY
Plainti ffs,
TRENTON
vs.
Civil Action No.:
LITTLE EGG HARBOR
TOWNS H IP;
TOWNSHIP;
MARK SIINO, Chief of Police;
JOHN DOES 6-10, Personnel of the
Little Egg Harbor Police Department in
supervisory capacities; ERIC NELSON,
KEVIN HOGAN and JOHN DOES 1-5,
members of the Police
Department,
08—' 0.37,3' F1
Civil Action
COMPLAINT
Defendants.
JURISDICTION
I. 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.0 Section 1331 and Section 1343(3).
PARTIES
2. Plaintiffs Ciro and Consiglia Esposito, residing at 109 South Longboat Drive, Little
Egg Harbor, New Jersey, 08087, Ocean County, are and were, at all times herein relevant,
residents of the State of New Jersey.
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3. Defendants Nelson, Hogan and/or John Does 1-5 were at all times mentioned
herein duly appointed and acting police officers of the Little Egg Harbor Township Police
Department and at all times herein were acting in such a capacity as the agents, servants and/or
employees of Little Egg Harbor Township and were acting under the color of law.
4. Defendants Chief of Police Mark Siino, John Doe 2 and/or John Does 6-10 were at all
times mentioned herein duly appointed and acting members of the Little Egg Harbor Township
Police Department and at all times herein were acting in such capacities as the agents, servants
and/or employees of the Little Egg Harbor Township and were acting under the color of law.
5. Defendants Chief of Police Mark Siino, John Doe 2 and/or John Does 6-10 were
acting in supervisory capacities over Defendants Nelson, 1 logan and/or John Does 1-5 and
responsible by law for the training, supervision and conduct of Defendants Eric Nelson, Hogan
and/or John Does I -5_
6, Defendant Little Egg Harbor Township is a duly designated municipality of the state
of New Jersey, under the laws o f the state of New Jersey.
7. At all times relevant hereto, Defendant Little Egg I !arbor Township employed the
aforementioned Defendants. As such, it was responsible for the training, supervision and conduct
of Defendants Siino, John Doc 2, Eric Nelson, Kevin Hogan and/or John Does 1-10.
FACTUAL A LLEGATIONS
8. On 12/28/07, Plaintiff Ciro Esposito was a business invitee at Rite Aid Pharmacy
located in Little Egg Harbor Township.
9. Plaintiff was at the premises to pick up essential medication necessary for a variety of
serious medical conditions.
10. More specifically, Plaintiff has diabetes and is also a heart transplant recipient.
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11. Prior to the date of the incident, Plaintiff had a previous misunderstanding with the
pharmacist pertaining to his medications which had led to a verbal dispute.
12. On the date of the incident, Plaintiff and the pharmacist had another
misunderstanding which led to another verbal disputc resulting in the pharmacist calling the
police.
13. Plaintiff in fact, insisted that the pharmacist call the police.
14. Defendants Nelson and I Logan arrived and Plaintiff attempted to explain the nature of
his dispute with the pharmacist.
15. Defendants Nelson and/or 11ogan were aware of Plaintiffs prior medical conditions,
having recently responded to Plaintiffs home after Plaintiff had gone into diabetic shock.
16. Defendants Nelson and/or Hogan forcibly gabbed Plaintiff by the arm and roughly
escorted him out of the premises.
17. Plaintiff complained that Defendants were hurting his arm as he was escorted out of
the premises, and Defendants threw him to the ground in an excessively forceful manner, striking
his face on the floor.
18. Defendant Nelson ancVorllogan then handcuffed Plaintiff with such force that his
arms and wrists were bruised_
19. Defendants Nelson and/or Hogan charged Plaintiff with violations of MIS 2C:332A(1), Disorderly Conduct, and NJS 2C:29-2A(1), Resisting Arrest. Plaintiff's criminal charges
are pending in Little Egg Harbor Township Municipal Court.
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EXCESSIVE FORCE
COUNT ONE
20. The previous paragraphs are incorporated herein inclusively as if fully set forth.
21. As a direct and proximate result of the above-referenced unlawful and malicious
physical abuse of Plaintiff by Defendants Nelson, Hogan and/or John Does 1-5 committed
under color of state law, Plaintiff sustained bodily harm and was deprived of his right to be
secure in his person against unreasonable seizure of his person, in violation of the Fourth and
Fourteenth Amendments of the Constitution of the United States and U.S.C. Section 1983.
22. As a direct and proximate cause of the malicious and outrageous conduct of
Defendants as set forth above, Plaintiff suffered bodily injuries, damages in the form of lost
wages and medical expenses and will suffer additional special damages in the future in an
amount which cannot yet be determined.
23. By reason of the above, Plaintiff was injured, suffered great mental anguish, and was
deprived of his constitutional rights as described above.
WHEREFORE, Plaintiff Ciro Esposito demands judgment against Defendants
Eric Nelson, Kevin Hogan 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.
FALSE ARREST I IMPRISONMENT
COUNT TWO
25. The aforementioned acts of Defendants Nelson, Hogan and/or John Does 1-5 in
arresting and/or imprisoning Plaintiff was without probable cause under the Fourth and
Fourteenth Amendments of the Constitution of the United States.
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26. The aforementioned acts were in violation of Plaintiff's 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 1983.
27. By reason of the above, Plaintiff was greatly injured, suffered great mental anguish
preventing him from attending to his business and was deprived of his constitutional rights as
described above.
28. As a direct and proximate cause of the malicious and outrageous conduct of
Defendants as set forth above, Plaintiff suffered bodily injuries, damages in the form of lost
wages and medical expenses and will suffer additional special damages in the future in an
amount which cannot yet be determined.
Eric Nelson, Kevin Hogan and/or John Does 1-5, on this Count together with compensatory and
MALICIOUS ABUSE OF PROCESS
COUNT THREE
30. Defendants Eric Nelson, Kevin Hogan and/or John Does 1-5 maliciously used a
"legal process" to accomplish some ulterior purpose for which it was not designed or intended,
or which was not the legitimate purpose of the particular process employed.
31. Defendants Nelson, Hogan and/or John Does 1-5 made false statements of fact;
intentionally, recklessly, and/or negligently misrepresented the facts of their encounter with
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Plaintiffs and his subsequent arrest and detention; falsified police and/or other official records,
and mishandled and/or withheld evidence to initiate and/or instigate a aiminal prosecution of
Plaintiff.
32_ Defendants Nelson, Hogan and/or John Does 1-5 knew that the complaint initialed
was groundless and made misrepresentations to gain an advantage over Plaintiff's certain
constitutional claims and/or to protect their interest in their employment and/or to protect
themselves from criminal prosecution and civil liability.
33. As a direct and proximate result of the acts of Defendants Nelson, Hogan and/or John
Does 1-5 as set forth herein, Plaintiff suffered physical injury, lost wages, medical expenses, and
mental anguish in connection with the deprivation of his 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, Plaintiff Ciro Esposito demands judgment against Defendants Nelson,
Hogan 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.
MALICIOUS PROSECUTION
COUNT FOUR
35. Defendants Nelson, Hogan and/or John Does 1-5 initiated criminal process against
Plaintiff with malice to create a subterfuge protecting themselves from criminal and civil
liability and justifying the injuries they caused Plaintiff to suffer.
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36. The charges were not based upon probable cause, that is, Defendants Nelson, Hogan
and/or John Does 1-5 knew initiation of criminal proceedings against Plaintiff would serve an
unlawful purpose, including, but not limited to, limiting their exposure to liability for their
unlawful actions on 12/28/07 in assaulting, beating and falsely arresting Plaintiff.
37. As a direct and proximate cause of the actions initiated by Defendants Nelson, Hogan
and/or John Does 1-5, Plaintiff suffered a deprivation of liberty consistent with the concept of
seizure as a consequence of the legal proceeding.
38. Plaintiff suffered physical injury, medical expenses, lost wages and mental anguish in
connection with the deprivation of his 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.
Erie Nelson, Kevin Hogan and/or John Does 1-5, on this Count together with compensatory and
SUPERVISORY LIABILITY
COUNT FIVE
40. Defendants John Doe 2 and/or John Does 6-10 were supervisory officials and/or
officers in charge at the time Plaintiff was arrested and assaulted.
41. Defendants John Doc 2 and/or John Does 6-10 had a duty to prevent subordinate
officers Defendants Nelson, Hogan and/or John Does 1-5 from violating the constitutional
rights of citizens and/or detainees.
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42. Defendants John Doe 2 and/or John Does 6-10 either directed Defendants Nelson,
Hogan and/or John Does 1-5 to violate Plaintiff's constitutional rights or had knowledge of and
acquiesced in his/their subordinates violations.
41 As a direct and proximate result of the acts of Defendants John Doe 2 and/or John
Does 6-10 as set forth herein, Plaintiff suffered physical injury, medical expenses, lost wages and
mental anguish in connection with the deprivation of his 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, Plaintiff Ciro Esposito demands judgment against Defendants John
Does 2 and/or John Does 6-10 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
UNLAWFUL CUSTOM, PRACTICE. POLICY/ INADEQUATE TRAINING
COUNT SIX
45. Defendants Borough of Little Egg Harbor Township; Mark Siino; John Does 2,
and/or John Does 6-10, are vested by state law with the authority to make policy on the use of
force, effectuating arrests and police citizen encounters. Specifically, Defendant Mark Siino is
the chief of police. Defendants John Does 6-10 are responsible for training Police Officers
in the use of force_ Defendant John Doe 2 was the officer in charge when Plaintiff was
assaulted and falsely arrested.
46. At all times mentioned herein, Defendants Siino; John Doe 2 and/or John Does 6-10
as police officers, agents, servants and/or employees of Defendant Little Egg Harbor Township
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were acting under the direction and control of Defendant Little Egg Harbor Township's Police
Department; Chief Mark Siino; John Does 2, and/or John Does 6-10, and were acting pursuant to
the official policy, practice or custom of Defendant Little Egg Harbor Township's Police
Department.
47. Acting under color of law pursuant to official policy, practice, or custom, Defendants
Little Egg Harbor Township; Si ino; John Doe 2, and /or John Docs 6-10 intentionally,
knowingly, recklessly and/or with deliberate indifference failed to train, instruct, supervise,
control, and discipline, on a continuing basis, Defendants Mark Siino; Eric Nelson; Kevin
I logan, and/or John Does 1-10 in their duties to refrain from: (1) unlawfully and maliciously
assaulting, arresting and harassing citizens; (2) intentionally, recklessly and/or negligently
misrepresenting the facts of arrests and/or other police-citizen encounters; (3) falsifying police
and/or other official records; (4) withholding and/or mishandling evidence; (5) making false
arrests, and/or (6) using unreasonable and excessive force.
48. Defendants Little Egg Harbor Township; Mark Siino; John Doe 2, and/or John Does
6-10 were aware of numerous similar police citizen encounters involving Defendants Siino;
Nelson; Hogan; John Does 1-10, and /or other Little Egg Harbor Township 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 and/or used unreasonable and excessive force on eitizen/arrestees.
49. Despite their awareness, Defendants Little Egg harbor Township; Siino; John Does 2
and/or John Does 6 10 failed to employ any type of corrective or disciplinary measures against
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Defendants Siino; Nelson; Hogan; John Does 1-10, and/or other Little Egg 11arbor Township
Police Officers.
50. Defendants Little Egg Harbor Township; Mark Siino; John Doe 2, and/or John Docs
6-10 had knowledge of, or, had they diligently exercised their duties to instruct, train, supervise,
control, and discipline Defendants Mark Siino; Eric Nelson; Kevin Hogan; John Doc 2, and/or
John Does 6-10 on a continuing basis, should have had knowledge that the wrongs which were
done, as heretofore alleged, were about to be committed.
6-10 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.
6-10, directly or indirectly, under color of state law, approvcd or ratified the unlawful, deliberate,
malicious, reckless, and wanton conduct of Defendants Mark Siino; Eric Nelson; Kevin Hogan,
and/or John Does 1-10 heretofore described.
53. As a direct and proximate result of the acts of Defendants Little Egg Harbor
Township; Mark Siino; John Doe 2, and/or John Does 6-10 as set forth herein. Plaintiff suffered
physical injury, lost wages, medical expenses, and mental anguish in connection with the
deprivation of his 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, Plaintiff Ciro Esposito demands judgment against Defendants Little
Egg Harbor Township; Mark Siino; John Doe 2, and/or John Docs 6- 10 on this Count together
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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.
PENDANT STATE CLAIMS
ASSAULT AND BATTERY
COUNT SEVEN
55. Defendants Eric Nelson, Kevin Hogan and/or John Does 1-5 committed an assault and
battery on Plaintiff by beating him and by putting him in reasonable apprehension of serious bodily
harm.
56. The assault committed by Defendants was contrary to the laws of New Jersey.
57. Defendant's actions deprived Plaintiff of his rights guaranteed by the Fourth and
Fourteenth Amendments to the Constitution of the United States and the Constitution of the State
of New Jersey.
58. As a result of the Defendant's actions set forth above, Plaintiff sustained diverse
personal injuries, permanent injuries, permanent disability, medical expenses, lost income and pain
and suffering and will incur same for some time to come.
59. Plaintiff invokes the pendant jurisdiction of this Court to hear and determine this claim.
WHEREFORE, Plaintiff Ciro Esposito demands judgment against Defendants Eric Nelson,
Kevin Hogan 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 further relief as the Court deems proper
and just.
FALSE ARREST/ IMPRISONMENT
COUNT EIGHT
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61. At all times material and relevant herein, Defendants Eric Nelson, Kevin Hogan and /
or John Does 1-5 were acting within the scope of their authority as police officers of the
Defendant
Little Egg Harbor Township.
62. Defendants Eric Nelson, Kevin Hogan and / or John Does 1-5 arrested and/or
imprisoned Plaintiff without probable cause tinder the Fourth and Fourteenth Amendments of the
Constitution of the United Slates.
63. Said arrest and imprisonment of Plaintiff was contrary to the laws of the State of
New Jersey and without probable cause.
64. Defendant's actions deprived Plaintiff of his rights guaranteed by the Fourth and
of New Jersey.
65. Plaintiff invokes the pendant jurisdiction of this Court to hear and determine this
claim.
66. As a result of the intentional actions set forth above, Plaintiff sustained diverse
personal injuries, permanent injuries, permanent disability, medical expenses, lost income and
pain and suffering and will incur same for some time to come.
WHEREFORE, Plaintiff Ciro Esposito demands judgment against Defendants Eric
Nelson, Kevin Hogan and / or John Does 1-5, on this Count, together with compensatory and
punitive damages, interest and costs of suit incurred.
MALICIOUS ABUSE OF PROCESS
COUNT NINE
68. Defendants Eric Nelson, Kevin Hogan and / or John Does 1-5 willfully and
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maliciously used a "legal process" to accomplish some ulterior purpose for which it was not
designed or intended, or which was not the legitimate purposc of the particular process
employed.
69. Defendants Eric Nelson, Kevin Hogan and / or John Does 1-5 knowingly made false
statements of fact to initiate and / or instigate a criminal prosecution of Plaintiff.
70. Defendants Eric Nelson, Kevin Hogan and / or John Does 1-5 knew that the
complaint initiatcd was groundless and made misrepresentations to gain an advantage over
Plaintiff's certain constitutional claims and / or to protect their intcrcst in their employment and /
or to avoid criminal prosecution and civil liability.
71. Defendants' actions were contrary to the laws and Constitution of the State of New
Jersey.
72_ Plaintiff invokes the pendant jurisdiction of this Court to hear and determine this
claim.
73. As a result of the wanton, intentional acts set forth above, Plaintiff sustained diverse
personal injuries, permanent injuries, permanent disability, medical ckpcnses, lost income and
Nelson, Kevin Hogan 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 further relief as the court
MALICIOUS PROSECUTION
COUNT TEN
74. The above paragraphs arc incorporatcd herein inclusively as if fully set forth.
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75. Defendants Eric Nelson, Kevin Hogan and / or John Does 1-5 willfully and
deliberately initiated criminal process against plaintiff with malice.
76. The charges were not based upon probable cause, that is, Defendants Eric Nelson,
Kevin I logan and / or John Does 1-5 knew initiation of criminal proceedings against plaintiff
would serve an unlawful purpose, including, but not limited to, limiting their exposure to liability
for their unlawful actions on 12/28/07.
77. As a direct and proximate cause of the action initiated by Defendants Eric Nelson,
Kevin Hogan and / or John Does 1-5, Plaintiff suffered a deprivation of liberty consistent with
the concept of seizure as a consequence of the legal proceeding.
78. Defendant's actions were contrary to the laws and Constitution of the State of New
Jersey.
claim.
80. As a result of Defendants' actions set forth above, Plaintiff sustained diverse personal
injuries, permanent injuries, permanent disability, medical expenses, lost income and pain and
suffering and will incur same for some time to come.
81. Plaintiff suffered physical injury, medical expenses, and mental anguish in
connection with the deprivation of his constitutional rights guaranteed by the Fourth and
of New Jersey.
Nelson, Kevin Hogan 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 further relief as the court
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NEGLIGENT / INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
COUNT ELEVEN
83. The actions of Defendants Eric Nelson, Kevin Hogan and / or John Does 1-5 in their
use of excessive force upon Plaintiff, their assault and battery of Plaintiff, their false arrest and
imprisonment of Plaintiff, their malicious prosecution of Plaintiff and their abuse of process was
intentional and contrary to the laws of the State of New Jersey.
84. As a result of said intentional, reckless and/or negligent acts, Plaintiff sustained
severe emotional distress.
Nelson, Kevin Hogan and / or John Does 1-5, on this Count, together with compensatory and
punitive damages, interest and costs of suit incurred and for such further relief as the Court
AGENCY
COUNT TWELVE
86. Defendant Little Egg Harbor Township is a municipality, duly incorporated under
the laws of the State of New Jersey.
87. Defendants Mark Siino; Eric Nelson; Kevin Hogan, and/or John Does 1-10 were at
all times mentioned herein duly appointed and acting members of the Little Egg Harbor
Township Police Department and at all times herein were acting in such capacities as the agents,
servants, and / or employees of Little Egg Harbor Township.
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claim.
89. The actions of Defendants were negligent and contrary to the laws of the State of
New Jerscy.
90. Defendant Little Egg Harbor Township is liable for the intentional acts of its agents,
servants and/or employees Mark Siino; Eric Nelson; Kevin Hogan, and for John Does 1-10 by
virtue of the doctrine of respondent superior.
91. As a result of the intentional conduct set forth above, Plaintiff sustained diverse
personal injuries, permanent injuries, permanent disability, medical expenses, lost income and
WHEREFORE, Plaintiff Ciro Esposito demands judgment against Defendant Little Egg
Harbor Township on this Count together with compensatory and punitive damages, interest and
costs of suit incurred and for any such further relief as the court deems proper and just.
93. At all times relevant herein, Plaintiff Consiglia Esposito was the wife of Plaintiff
Ciro Esposito and as such was entitled to his services, society and consortium.
94. As a result of the Defendants' aforesaid actions, Plaintiff Consiglia Esposito was
deprived of the services, society and consortium of her husband, Plaintiff Ciro Esposito, and will
be so deprived for sonic time to come.
WHEREFORE, Plaintiff Consiglia Esposito hereby demands judgment against all
Defendants on this Count together with compensatory and punitive damages, interest and costs of
suit incurred and for any such further relief as the court deems proper and just.
DEMAND FOR PROSPECTIVE INJUNCTIVE RELIEF
COUNT THIRTEEN
95. Pursuant to 42 USC Section 1983, Plaintiff is entitled to prospective relief against the
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Defendants.
96. The relief sought by Plaintiff include, but is not limited to, the following:
a. An order permanently restraining and enjoining Defendants Little Egg
Harbor; Mark Siino; John Does 2, and John Does 6-10 from engaging,
encouraging, teaching, promoting or training Little Egg I 'arbor Township
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 Little Egg Harbor Township 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 arresters.
c. An order compelling Defendant Little Egg Harbor Township to provide regular
and consistent training sessions to Little Egg Harbor Township Police Officers.
d. An order compelling Defendant Little Egg Harbor Township to implement a
system whereby prompt, appropriate action is taken against any Little Egg
Harbor Township 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.
c. An order permanently restraining and enjoining Defendants Nelson, Hogan
and/or John Does 1-5 from arresting citizens without adequate probable cause,
physically abusing and using excessive force against citizens and/or arrestees.
1. An order permanently restraining and enjoining Defendant Little Egg Harbor
Township from employing Defendants Nelson, Hogan 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 Little Egg Harbor Township
Police Station and limiting them entirely to desk duty, enjoining Defendants
Nelson, Hogan and John Docs 1-10 from any patrol duty, and enjoining
Defendants Nelson, Hogan and John Does 1-10 from making arrests, assisting
in snaking arrests and using any force in making arrests and/or assisting in making
arrests.
g. Any other relief as the Court deems proper and just.
DEMAND FOR TRIAL BY JURY
Plaintiff hereby demands a trial by jury as to all issues.
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DESIGNATION OF TRIAL COUNSEL
Please be advised that Thomas J. Mallon, Esquire is hereby designated trial counsel in the
above captioned matter.
Dated: July 23, 2008
/s/ Thomas J. Mallon, Esquire
THOMAS J. MALLON, ESQUIRE
RELEASE
This Release, dated
, 2012, is given
BY the Releasor(s) CIRO ESPOSITO and CONSIGLIA ESPOSITO, his wife
referred to as "I",
TO: ERIC NELSON, KEVIN HOGAN and JOHN DOES 1-5, Members of the Police Department
referred to as "You".
If more than one person signs this Release, "I" shall mean each person who signs this Release.
1. Release. I release and give up any and all claims and rights which I may have against you. This releases all claims,
including those of which I am not aware and those nor mentioned in this Release. This Release applies to claims
resulting from anything which has happened up to now. I specifically release the following claims: Any and all claims
including but not limited to claims for compensatory damages, punitive damages, medical costs, counsel fees, and
costs of suit arising out of an incident which occurred on or about December 28, 2007in the Township of Little Egg
Harbor, County of Ocean, State of New Jersey, which forms the basis of an action filed in the United States District
Court, District of New Jersey, Civil Action No: 08-3725 (FLW).
I further waive any right which I may have under Federal and/or State statutes to petition the Court for payment of
counsel fees incurred concerning these claims.
The settlement of this matter is not to be construed as an admission of fault or liability on the part of the defendants
and the parties acknowledge that the within settlement is being entered into for economic reasons only and to avoid
the cost of protracted litigation.
further agree that no further payments from the named defendants in the action pending in the United States District
Court for the District of New Jersey will be sought.
I further agree that there will be no press releases and no comments made to the media regarding the litigation or the
settlement.
2. Payment. I have been paid a total of 515,000.00, in full payment for making this Release. I agree that I will not
seek anything further including any other payment from you.
3. Who is Bound. I am bound by this Release. Anyone who succeeds to my rights and responsibilities, such as my
heirs or the executor of my estate, is also bound. This Release is made for your benefit and all who succeed to your
rights and responsibilities, such as your heirs or the executor of your estate.
4. Signatures. I understand and agree to the terms of this Release. If this Release is made by a corporation its proper
corporate officers sign and its corporate seal is affixed.
(Seal)
CIRO ESPOSI, 0
CC,
CONSIGLIA ES
STATE OF NEW JERSEY, COUNTY OF
/7
I CERTIFY that on
(Seal) --------._
"j"---'
SITO
Jf
SS:
, 2012,
CIRO ESPOSITO AND CONSIGLIA ESPOSITO personally came before me and acknowledged under oath, to my
satisfaction, that this person (or if more than one, each person):
(a) is named in and personally signed this document; and
(b) signed, sealed and delivered this document as his or her act and deed.
1,
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,4111P7—'cKENNA
LA I I tar., r.A.Ju ritukm.J.K. rOL1Ut, 1/ZrliK LIYLCAN 1
INVESTIGATION/OPERATIONS REPORT
Zone
Sector
UCR
Mun Code
1516
/1 Invest
❑ OR
Crime / Incident
Disorderly Conduct
NJ Statute / Loc. Ord
2C:33-2A1
Resisting Arrest
2C29-2A 1
Date
And
Time
St. No.
220
Between
At
/1
Hour
1143
Day
Fri
Mo.
12
Date
Yr.
28
Municipality
Little Egg Harbor Twp.
Yr.
Make
Body Type
County
Ocean
Color
Case Number
07-24233
Victim
State of NJ
Age
Race
Sex
Phone No.
Zip
Town
State
Soc. Security # (Victim)
•
D.O. B. (Victim)
Caller
Ethan Nhan
Phone
294-0633
Street Address
Date/Time Called in
Town
State
2007
M.O. - Plain Language
Suspect was acting disorderly in the store
Veh.
Det. Assign
SStreet Address:
Crime/Occurance- Address & Intersecting St.
Mathistown RD LEH, NJ 08087
Development
Phone No
609-296-3666
Reg.
State
Zip
V.I.N.
Suspect: Ciro Esposito 109 South Long Boat Dr Little Egg Harbor, NJ 08087
On Dec 28, 2007 Ptl Hogan 1681 and myself responded to the Rite Aide store (Mathistown & Center St) for a report of a
customer problem. Upon our arrival we made contact with both the suspect and the caller/employee Ethan Nhan who were
standing near the pharmacy area. Ptl Hogan spoke to the suspect. I spoke to Mr Nhan. He stated that he called the Police
because he wanted the suspect removed from the property. The suspect was upsetting the other employees in the pharmacy by
yelling and screaming at them over an issue regarding one of his prescriptions. Mr Nhan further stated that last night the
suspect came into the store and was so rude and disorderly that he made the female employees afraid for there safety and one of
them left the store in tears.
I had Mr Nhan speak to the suspect in front of me and tell him that he was not permitted to return to the store. He stated that
the suspect could have family members pick - up his prescriptions in the future, but that he was no longer permitted in the store
because of his behavior. The suspect was yelling loudly and would not listen to me when I tried speaking to him. I informed
him that if he did not calm down that he would be arrested for disorderly conduct. He continued yelling loudly and I grabbed
him by the left arm and proceeded to escort him out of the building. He continued yelling loudly and I informed him that he
was under arrest for disorderly conduct. I tried to put his hands behind his back and handcuff him but he resisted and pulled
away from me. I placed the suspect on the ground and Ptl Hogan and myself handcuffed the suspect. He requested an
ambulance because he said he was having chest pains. An ambulance arrived on scene and he refused to be taken to the hospital
for further treatment. He was transported back to the station where he was processed and released
•
Name
Ptl E. Nelson
Badge #
69
Approved by
❑ Service Complete
❑ Unfounded
❑ Not Clear- Active
/1 Clear- Arrest
Clear-JD- Arrest
❑ X-Clear
Page
Of
1
Pages
2
Date of Report
12-28-07
INVESTIGATION REPORT
CONTINUATION PAGE
CASE # 0 7 — -2(033
on a summons for Disorderly Conduct 2C:33-2A(1) and Resisting Arrest 2C:29-2A(1). When the suspect was released from custody at
the station he requested another ambulance due to a small bruise on the left side of his face which he suffered when he was placed on the
ground and for marks on his wrists from being handcuffed. The ambulance responded to the station and the suspect was taken this time
to the hospital for treatment.
Officer Reporting
Pt! E. Nelson #69
Page 2 or,2
LITTLE EGG HARBOR POLICE DEPARTMENT
Complaint No.
Municipal Code
1516
Crime / Incident
SUPPLEMENTARY INVESTIGATION REPORT
Phone Number
(609) 296-3666
Prosecutor's Case #
New Crime/Incident If
Changed
Victim's New Address- If changed
Date of Crime
❑ Between ----
Additional .
NI
Property
IC °Min°
Disorderly Conduct
New NJS
Teletype
At
1154
Additional Technical Service- Agency
Jewelry
Furs
ValueStolen
liscellaneo s
••
Add'l Recovered Property
Value ----
Additional Stolen Property Value
List Name Only of Previous Accused- Complete Information on New Accused- Include Additional Perpetrators- Suspects- Record All Developments
Since Last Report- Explain Any Crime Change- List Additional Interviews of Victims- Persons Contacted- Witnesses — Evidence- Technical ServicesStolen Property- Recovered Property- Court Actions
No. of Accused
New Accused
Adult
Juvenile
1
Name
Ciro Esposito
Status Crime
Active
Status Case
Closed
Age
Address
109 South Longboat, LEHT, NJ 08087
Date Cleared
UCR Status
Sex
Race
DOB
Narrative
On the above date and time, this officer and Ptl. Nelson responded to the Rite Aid drug store at 220 Mathistown Road in reference
to a customer dispute. Upon arrival, we spoke with an employee of the pharmacy department, Ethan Nhan, who stated that the accused,
Cino Esposito, had been harassing several employees by complaining and yelling loudly about the service he was receiving. This
officer ascertained thatEthan stated that the accused had previously been to the store and has harassed the pharmacy employees on
several occasions. Ethan stated that the pharmacy was unable help the accused, and that he had been advised not to return to the store.
While speaking with the accused, he was extremely angry and was speaking loudly. While attempting to resolve the dispute, the
accused continued to become more angry, in which this officer and Ptl. Nelson began to escort the accused out of the store. While
walking toward the exit, the accused continued to yell loudly and was uncooperative. The accused was then placed into custody. The
accused complained of chest pain, and Squad 85 responded to the scene. The accused refused medical treatment and he was transported
to headquarters for processing.
Name
Badge No.
Pg. 1 Of 1
81
Date of Report
12-28-07
Reviewed by
7
CASE No.
off
LI ?
-
-
3
?
LITTLE EGG HARBOR POLICE DEPARTMENT
VOLUNTARY STATEMENT (NOT UNDER ARREST)
(44
kfrt
//4
,
am not under arrest for, nor am I being detained for any
L
criminal offenses concerning the events I am about to make known to
6H)0
Without being accused of or questioned about any criminal offenses regarding the facts I am about to state, I volunteer
the following information of my own free will, for whatever purposes it may serve.
33
I am
13 1
years of age, and I live at
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Po c_fc j)v
,40,-
(' 23 1(
e
et 5.fre Qtf
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r kfrz a c y
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pt. 5
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e
14. et- 5
t.c.t
V
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ty C7
(t.'
C
144 cz-
5/4Q-
fc,
pages(s}, each page of which bears my signature, and
I have read each page of this statement consisting of
corrections, if any, bear my initials, and I certify that the facts contained herein are true and correct.
Z/z. ?it,
Dated at (insert time)
Witness signature
/1/1
5:52
Signature of person giving voluntary statement
/ 7:/5)//14
,
1617
this
or
day of
Pe
ce
./
,20
,
LITTLE EGG HARBOR TOWNSHIP POLICE DEPARTMENT
USE OF FORCE REPORT
DATE
TIME
DAY OF WEEK
0
/ ,
2
I- ... e) t
LOCATION OF INCIDENT
Om
S
0
T
0
0141
O
'7_ .92 ,
0 /9776,5 722a/ ,L)
CRIME NV PROGRESS
4 1/9e
O
SUSPICIOUS PERSON
O
0
,‘).29
Z0,1 it--)D—R
• A INCIDENT INF6RMATIOM
I
TYPE OF INCIDENT
I
TH
/ft/
A
67 69/
LEH CASE NUMBER
0
DOMESTIC
0
TRAFFIC VIOLATION
OTHER (SPECIFY)
0
OTHER DISPUTE
ASZZaril O.- /,t
14 dk
f
TYPE OF PERSON
OTHER UNUSUAL CONDITION (SPECIFY)
UNDER THE INFLUENCE
B. SUSPECT(S) INFORMATION (LIST ONLY THOSE PERSONS WHO WERE SUBJECTS OF POLICE USE OF mem
NAME (FAL)
ARRESTED?
,ems
0 /g0 65,e .5 / re
CHARGE
RACE
SEX
gf,t,eift_e„,i•
WEAPON?
,,---A, ,
.
1:1
NO
0
YES
NO
0
M
0
F
0
0
YES
NO
0
M
0
0
0
F
0
0
YES
NO
0
M
0
F
0
0
U
26-5I5r Ike Afilii•
. C:- LEM:OFSUSPECT(S)
(Ai
SUSPECT INJURED?
YES
NO
,Er"
HOSPITAL?
yirAtte-
o , YES
0
Noz,,t) 46-7-t-.0' NO
f e.S., ".../ ,.,,ep,r.
YES
NO
YES
0
YES
0
NO
0
NO
0
YES
NO
0
0
YES
NO
0
YES
0
0
NO
0
0
YES
0
YES
NO
0
NO
0
0
YES
NO
RESISTANCE (CHECK ALL THAT APPL
SUSPECT'S ACTION(S)
SUSPE T #1
RESISTED POLICE OFFICER CONTROL
PHYSICAL THREAT/ ATTACK ON POLICE OFFICER
THREATENED/ATTACKED POLICE OFFICER WITH A BLUNT OBJECT
THREATENED /ATTACKED POLICE OFFICER WITH A KNIFE/CUTTING OBJECT
THREATENED /ATTACKED POLICE OFFICER WITH A MOTOR VEHICLE
THREATENED POLICE OFFICER WITH A FIREARM
FIRED AT POLICE OFFICER
SUSPECT #3
SUSPECT #2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
T
SUSPECT #4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
OTHER (SPECIFY)
D.; TYPg OF FORCE USED(CHECK ALL THATAPPLY).
(COMPLIANCE HOW
0
CHEMICL /NATURAL AGENT
0
STRIKE /USE BATON OR OTHER OBJECT
4:1-:
0
KICKS/FEET
0
CANINE
0
HANDS /FISTS
(SPECIFY)
/1444n/ 70 6/4/41 4<9 Z(...49411e—
5-1.17/ ' -
FIREARMS DISCHARGE : . •
0
I
INTENTIONAL
ACCIDENTAL
0
.
'
NAME (F,M,L)
Az
,,ete
44=-75k9.1
NUMBER OF HITS
NUMBER OF SHOTS FIRED
0
_
,
BADGE #
c
i
ON-DUTY
1,---. YES
0
UNIFORM
YES
NO
0 NO
OFFICER INJURED?
0
--------VISOR'S
R'S PRINTED NAME
— — - ----
LEHT PD 2001-02
UNKNOWN
TAKEN TO HOSPITAL?
0
YES
YES
>31 NO
—
Or-
OFFICER'S SIGNATURE
SUP
0
UNKNOWN
POLICE OFFICER'S INFORMATIO
DATE OF REPORT
to2
:. ■ • .7, E#
SUPERVISOR'S SIGNATURE
VI
3— -e' 7

Esposito v. Little Egg Harbor, Federal Case No. 3:08-cv

Transcription

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