News
New OPRA lawsuit: Chatham Township keeps police officer's claim and two settlement agreements secret
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- Written by: John Paff
- Category: Open Government Advocacy Project
I am accustomed to public bodies claiming that their executive session minutes are confidential. It is not so typical, however, for the public body's reasons for wanting to keep its executive minutes secret to also be kept secret. Not knowing a public body's reason for keeping a document secret makes it very difficult to challenge its claim of confidentiality.
On May 13, 2014, Passaic County Superior Court Judge Ralph L. DeLuccia told the Clifton Board of Education to provide him with some additional information so that he could decide whether or not certain portions of the Board's June 19, 2013 executive session meeting minutes should or should not be disclosed to the public. So, the attorney for the school board, Donald K. Okner, wrote up a certification dated May 20, 2014 and sent it to the court without sending a copy to my lawyer. Judge DeLuccia, based on the lawyer's secret certification, decided that the executive session minutes need to be kept secret.
On August 22, 2014 at 9 a.m., Judge Thomas F. Brogan will hear my motion, filed by Clinton lawyer Walter M. Luers, seeking to unseal the May 20, 2014 certification that convinced Judge DeLuccia to keep portions of the June 19, 2013 executive session minutes confidential.
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- Written by: John Paff
- Category: Police Accountability Project
On March 4, 2014, the Township of Gloucester (Camden County) agreed to pay $30,000 to a Gloucester City man who sued members of the Gloucester Police Department for allegedly purposefully dropping him, while handcuffed, causing his head to strike the pavement.
In his suit, Scott V. Dove said that on July 23, 2011, he and his wife were confronted by Officers Thomas J. Ritz and Timothy Ryan Kohlmyer while they were walking home from his brother's house. Ritz allegedly ordered Dove to "drop what [he] was holding in his hand" and then handcuffed him. It was at this point that Officers Benjamin Lewitt and Frank Pace, along with Ritz and Kohlmyer, allegedly threw Dove "against one of the patrol cars on the scene and smashed [his] head against same." He claimed that the officers then threw him to the ground, beat him with closed fists and kicked him in the face. The officer allegedly then picked him up to carry him to a patrol car and "purposefully dropped" him causing his head to strike the pavement. He claimed to have received several injuries including a "fractured left orbital socket."
The case is captioned Dove v. Gloucester Township, Camden County Superior Court Docket No. CAM-L-2934-13 and Dove's attorney was Adam S. Malamut of Cherry Hill. Case documents are on-line here.
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- Written by: John Paff
- Category: Open Government Advocacy Project
On Wednesday, October 8, 2014 at 3 p.m., the Hon. Mary C. Jacobson, A.J.S.C. will hear argument in my Open Public Records Act (OPRA) case against the New Jersey Motor Vehicle Commission. My order to show cause, civil complaint, exhibits and brief, filed by Walter M. Luers, Esq. of Clinton, are are on-line here.
My lawsuit challenges the MVC's denial of my request for "all OPRA requests submitted to the MVC between 05/05/14 and 05/12/14." The MVC oddly denied my request on the basis that disclosure would give "an advantage to competitors" and because "there is an interest of third parties in protecting the confidentiality of their requests for access to public documents"
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- Written by: John Paff
- Category: Police Accountability Project
On June 18, 2014, the Borough of Penns Grove and the Township of Carneys Point (Salem County) agreed to pay $2,000,000 to the four minor daughters of a man who died while in police custody.
In her suit, Judith Mincey, the mother of MoShowon Leach, claimed that Penns Grove Police Officers Raymond Rinnier and Joseph Schultz choked Leach to death during his arrest on March 21, 2010. According to the complaint, Leach was disoriented and "fighting the air" when police were called to the parking lot in which he was located. Leach allegedly ignored the officers' requests for him to stop and while he was entering the residence of a relative, Officers Rinnier and Schultz allegedly "descended upon him, maced him and took him to ground." There, Schultz allegedly told Rinnier to "choke him out." Leach was pronounced dead a short time later. Schultz allegedly said at the scene that “Ray [Rinnier] had to put [Leach] to sleep.”
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- Written by: Webmaster
- Category: Candidates and Elections
Libertarian congressional candidate Dorit Goikhman’s campaign team discovered unlawful practices in vendor admission to Marlboro Day. When the Marlboro Day staff was contacted about setting up a stand at the event, the township representative denied access on the grounds that political candidates could not attend the event, unless “you’re with the mayor.”
Several days prior, a representative from Goikhman’s campaign was told that political parties could attend Marlboro Day, but that individual candidates were barred. Such regulations violate the First Amendment of the Constitution, as all political entities should be allowed equal representation in public forums. Independent candidates, who are unaffiliated with a specific party, are automatically denied access by this requirement.
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- Written by: John Paff
- Category: Open Government Advocacy Project
On Wednesday, August 27, 2014 at 9 a.m., the Hon. Travis L . Francis, A.J.S.C. will hear argument in my Open Public Records Act (OPRA) case against the City of Perth Amboy (Middlesex County). My civil complaint, exhibits and brief, filed by Walter M. Luers, Esq. of Clinton, are are on-line here.
I am seeking records regarding a lawsuit that a Perth Amboy teacher filed against the school district for mishandling her report that she was sexually assaulted in her classroom by another teacher. That lawsuit, which settled for $199,000, is discussed on my blog here.
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- Written by: Webmaster
- Category: Candidates and Elections
For Immediate Release
Contact: NJLP State Chair Patrick McKnight 609-915-7200
Email:
July 31, 2014
Old Established Political Parties Have Lost
Their Preferential Ballot Position
For far too long the old established political parties have enjoyed preferential ballot placement. The two left-most columns have been reserved for the Democrats and Republicans. This year the Democrats and Republicans will be losing this discriminatory electoral advantage as a result of the failure of the old parties to maintain support with the public.
New Jersey law requires that to have a party column, a political party must “poll at any primary election for a general election of at least ten per centum (10%) of the votes cast in the State for members of the General Assembly at the next preceding general election.”
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- Written by: Michael Friedman, Ph.D.
- Category: Selected Blogs
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Michael Friedman, Ph.D. is a clinical psychologist specializing in how social relationships influence mental and physical health Originally published at psychologytoday.com. Reprinted with permission of the author. |
Substance dependence is the only mental health condition whose main feature, the possession of drugs, is considered a crime. The stated goal of the "War on Drugs" has been to stop the devastating public health consequences of addiction in part through criminalizing possession of drugs, even for nonviolent offenders. While well-intended, this war may have worsened the problem by dooming millions of people, predominantly minority and low-income individuals, to a cycle of incarceration, loss of rights, and poverty. But, there are hopeful signs that we are becoming more clear-eyed as a nation.
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- Written by: John Paff
- Category: Police Accountability Project
On September 30, 2013, the City of Union City (Hudson County) agreed to pay $25,000 to a local man who sued members of the Union City Police Department for arresting him on October 2, 2010 without justification and applying excessive force against him.
In his complaint, Plaintiff Franklin Garcia does not recite the particular manner in which the excessive force was allegedly used. It only claimed that William Varona and Frank DePinto, Jr. were the Union City officers involved. Garcia claimed that the charges of Aggravated Assault and Obstruction of justice were dismissed on December 5, 2011.
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- Written by: John Paff
- Category: Police Accountability Project
On December 7, 2013, the City of Union City (Hudson County) agreed to pay $50,000 to two local women who sued members of the Union City Police Department for falsely arresting and maliciously prosecuting them.
In their complaint, Carlene Peguero and her mother Ingrid DeCastro claimed that Union City Police Sergeant Mark Julve, accompanied by Detectives Jasen Bellamy, R. Cetinich (presumably Raymond Cetinich) and Ruben Rodriguez came to their home on August 12, 2011 to execute a search warrant against Jean Peguero (who was Carlene's brother and Ingrid's son). The officers allegedly arrested Jean after finding marijuana and a marijuana grinder in his room.
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- Written by: Webmaster
- Category: Policy News
The New Jersey Libertarian Party urges the passage of A2270 - the "Aid in Dying for the Terminally Ill" bill. The NJ Libertarian Party platform calls for "the repeal of all laws interfering with the right to commit suicide as infringement of the ultimate right of an individual to his or her own life."
Feel free to write your own representative and ask them to support A2270. Additional information can be found on the Compassion & Choice - NJ website.
New Jersey Libertarian Party
PO Box 56
Tennent, NJ 07763
http://njlp.org (732)962-NJLP
Assemblyman Michael Patrick Carroll
146 Speedwell Avenue
Morris Plains, NJ 07950
Dear Assemblyman Carroll:
We are writing to you today to convey our strong support for the “Aid in Dying for the Terminally Ill” Act (A2270). This legislation affirms the right of a qualified, terminally ill adult patient to obtain a prescription from his or her physician for medication that the patient may choose to self-administer for a humane and dignified death.
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- Written by: John Paff
- Category: Open Government Advocacy Project
A Township CFO resigns to take a county job. Then the Township contracts with a firm that is at least partially owned by its former CFO to provide "day-by-day financial consulting services." Then, the Township stonewalls the media's attempt to find out how much the consulting company is going to be paid under the newly minted contract. Only in New Jersey.
Following is my OPRA request to the Township to figure out how much tax money the former CFO's consulting firm is going to receive.
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- Written by: John Paff
- Category: Police Accountability Project
On September 22, 2011, the Borough of Beachwood (Ocean County) agreed to pay $75,000 to a local couple who sued members of the Beachwood Police Department for allegedly applying excessive force during a traffic stop.
In their suit, Kevin and Maria Chabot said that on August 26, 2007, their truck was pulled over by Patrolman Glen DeMarco. DeMarco allegedly pushed and maced Kevin, with some of the mace getting in Marie's eyes. At that point, Patrolmen Eric Harris and Sean Langan arrived on the scene and arrested Marie. The complaint alleged that Harris applied the handcuffs so tightly that they lacerated Marie's wrists. The complaint further alleged that Harris and Langan hurt Marie's back when they pushed her into an ambulance.
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- Written by: Alex Pugliese
- Category: Selected Blogs
According to the Monmouth University-Asbury Park Press poll, Democratic Senator Cory Booker leads his Republican challenger, Jeffrey Bell, by 20 points. In that same poll, it also showed that Senator Booker has a 43% favorability rating. This is not good. The poll also showed that fully 15% of Democrats say they would vote for a third party candidate, and that a third of voters are saying that it is time for a change.
This presents a great and golden opportunity for Libertarian Senatorial candidate Joe Baratelli to make headway. If Baratelli can tap into voters discontent and tap into the 15% of disenfranchised Democrats, and some Republicans, he can give both major party candidates a run for the money. But he needs help from his party, libertarians, and supporters to help him get there. I hope that they can give all they can in any capacity that they can. It should be remembered that if they want to win it, they got to be in it.
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- Written by: John Paff
- Category: Police Accountability Project
On September 18, 2013, the Township of Lakewood (Ocean County) entered into a confidential agreement to pay $40,000 to a local man who sued members of the Lakewood Police Department for assaulting him and applying excessive force against him.
In his suit, Edwin A. Alicea said that on January 15, 2012, he was stopped by former Lakewood Police Officer Jeremy Felder who "assaulted him without justification and with excessive force." He claimed that Felder forcibly removed him from his car, threw him to the ground, assaulted him and sprayed his face with pepper spray "without justification." According to a March 5, 2014 Star Ledger article (here), Felder was arrested in March 2014 for official misconduct arising out of a separate incident.
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- Written by: John Paff
- Category: Police Accountability Project
On April 23, 2013, the Borough of Lavallette (Ocean County) agreed to pay $75,000 to a Bridgewater Township Municipal Court judge who claimed that Lavallette police arrested him without probable cause after he declined to take a field balance test. He also claimed that the arrest put him "in the throes of a full blow panic/anxiety attack" and that the police chief's quotes to the local press forced him to resign his position.
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- Written by: Nicholas Sarwark
- Category: Latest News
In response to recent media reports about the increase in Latin American children seeking entry into the United States, Libertarian Party Chair Nicholas Sarwark released this statement:
Should the U.S. government forbid foreign children from entering the United States? The Libertarian Party says no.
It would be unjust and inhumane for the U.S. government to prohibit these children from entering the United States.
A great irony is that U.S. government policies have caused the conditions that some of these Central American children are fleeing. The War on Drugs has created a huge black market in Latin America, causing increases in gang activity and violent crime. Some of the affected children naturally try to flee this violence. It is wrong to jeer at them, call them "illegals," and tell them to get out.
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- Written by: Alex Pugliese
- Category: Selected Blogs
If ever there was a time and an opportunity for New Jersey Libertarian candidates to make inroads, 2014 would be that time. In every poll taken on numerous issues, Americans are coming to embrace libertarian positions. Younger voters nationwide believe that neither the Democratic nor the Republican Parties represents the American people. Seventy-two percent of voters say they would be better off if most incumbents were defeated in November. Eighty-one percent do not trust the federal government most or nearly all the time. Polling also shows that seventy-nine percent want to cut federal spending, fifty-two percent say that their tax bills are too high, and fifty-eight percent favor legalizing or decriminalizing marijuana and fifty-two percent of Americans also revealed that they oppose foreign interventions in other countries and that the U.S. should stay out of other nations quarrels.
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- Written by: John Paff
- Category: Open Government Advocacy Project
Update: I received a voicemail on June 23, 2014 from a Wildwood Crest official telling me that he doesn't "have a Brady letter [and] never had one." The Prosecutor's May 5, 2014 denial of my OPRA request does not say that separate Brady letters exist for each of the three officials referenced in my OPRA request and named in my civil complaint. The denial suggests that at least one Brady letter exists concerning at least one of these three officials. Thus, it is entirely possible that the caller is being truthful in stating that a Brady letter pertaining to him never issued.
On June 13, 2014, attorney Richard Gutman of Montclair filed a lawsuit on my behalf seeking "Brady letters" from the Cape May County Prosecutor's Office. My Complaint and Certification in John Paff v. Cape May County Prosecutor's Office, Docket No. CPM-L-265-14 are on-line here.
"Brady letters" are named after the United States Supreme Court's 1963 decision in the case of Brady v. Maryland. That decision, among other things, requires law enforcement officials to notify criminal defendants and their lawyers whenever they receive information that a police officer involved in the defendants' cases has been untruthful.