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News

Wildwood pays $75,000 to settle police intimidation and harassment suit

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Written by: John Paff
Category: Police Accountability Project
Created: May 30, 2014
No comments on “Wildwood pays $75,000 to settle police intimidation and harassment suit”

On May 11, 2008, the City of Wildwood (Cape May County) agreed to pay $75,000 to a local bar owner who sued members of the Wildwood Police Department for allegedly harassing him and his bar patrons and issuing bogus summonses.

In his suit, Michael C. Petaccio, who operated the Fairview Cafe, said that Officer David Romeo and Sergeant Terry Osler entered his bar on two occasions and harassed his customers even though the establishment was operating legally.  In the first instance, Petaccio claimed that Romeo entered his bar on June  of 2004, prior to the mandated 3 a.m. closing time, arrested Frank Miller, the D.J. who was providing music that night and later issued summonses for "playing music at one minute past 3:00 a.m."  Petaccio claimed that he and his bar were ultimately acquitted of the charges.

Read more …

Mendham Cop Says He Was Penalized For Refusing To Profile Young Drivers For Traffic Stops

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Written by: Jay Edgar
Category: Police Accountability Project
Created: May 29, 2014
No comments on “Mendham Cop Says He Was Penalized For Refusing To Profile Young Drivers For Traffic Stops”

A 16-year officer in the Mendham Township Police Department has filed suit against the force, alleging he has been bypassed twice for promotion and denied chances to earn overtime because he refuses to “profile” young drivers for tickets.

Read the full story at The Daily Record...

Memorial Day and the Meaning of Freedom

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Written by: Jeff Deist
Category: Selected Blogs
Created: May 26, 2014
No comments on “Memorial Day and the Meaning of Freedom”

Memorial Day provides the political class countless opportunities to ruin an otherwise thoroughly enjoyable holiday weekend.  Like clockwork, local congressmen, mayors, city council members, et al. materialize at parades, picnics, and churches to give speeches about “freedom.”

But what does freedom really mean?

Just as we should repudiate Junk English in economics, we should demand precision when it comes to the language of political posturing! In other words, we should insist that politicians use defined terms (I’m not holding my breath).

In essence, freedom is the absence of state coercion. Nothing more, but certainly nothing less.

Dr. Ron Paul explains this coercive reality behind those invoking freedom while advocating state action:

Few Americans understand that all government action is inherently coercive. If nothing else, government action requires taxes. If taxes were freely paid, they wouldn’t be called taxes, they’d be called donations. If we intend to use the word freedom in an honest way, we should have the simple integrity to give it real meaning: Freedom is living without government coercion. So when a politician talks about freedom for this group or that, ask yourself whether he is advocating more government action or less.

Taking this definition a step further, Hans-Hermann Hoppe describes a free society as the absence of aggression against one’s body and property:

Read more …

Collingswood and Woodlynne pay $15,000 to settle police false arrest/excessive force suit

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Written by: John Paff
Category: Police Accountability Project
Created: May 23, 2014
No comments on “Collingswood and Woodlynne pay $15,000 to settle police false arrest/excessive force suit”

On May 5, 2014, the Boroughs of Collingswood and Woodlynne (Camden County) agreed to pay $15,000 to a Woodlynne man who sued members of the Collingswood Police Department for allegedly assaulting and arresting him without probable cause.

In his suit, Earl Whaley said that on August 25, 2008, he was playing cards with his friends on his front porch in Woodlynne.  He claimed that even though he was creating no disturbance, Police Officer Brian Eidmann falsely stated that a neighbor had filed a noise complaint and told Whaley and his friends to "keep it down."  Whaley claimed that when he "voiced his objections forcefully and with occasional profane word" Eidmann "barged through the closed screen door and onto the screened in porch" and "ripped the chair out from under [Whaley] and then struck him one or more times about the face."  Whaley said he was arrested for disorderly conduct but was later acquitted.

It appears from the lawsuit that Woodlynne contracts its police services out to Collingswood Borough.

Read more …

Roselle Park pays $15,000 to settle case alleging a wrongfully issued parking ticket

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Written by: John Paff
Category: Police Accountability Project
Created: May 20, 2014
No comments on “Roselle Park pays $15,000 to settle case alleging a wrongfully issued parking ticket”

In an undated agreement, the Borough of Roselle Park (Union County) agreed to pay $15,000 to an Elizabeth woman who sued a Roselle Park Police officer for "illegally, improperly and without probable cause" issuing her a summons for unlawful parking in a space marked for the physically handicapped.

In her suit, and according to an Appellate Division decision, Lorraine Selecky said Officer James Cantrell issued her the summons by mail after Cantrell, while off duty, interjected himself in an "intense argument" that Selecky was having with her 13-year-old daughter as they approached a Redbox video machine outside a 7-Eleven store in Roselle Park.  Cantrell was already at the Redbox machine with his children when Selecky and her daughter approached.  According to the Appellate Division decision, "a heated argument occurred between [Selecky] and Cantrell, either because [Selecky] thought Cantrell's children were taking too long in making their choice or because Cantrell interjected himself in [Selecky's] mother-daughter dispute."

Read more …

Hackensack pays $50,000 to settle Muslim father's claim that police beat him in front of family and called him a "f***ing terrorist."

Details
Written by: John Paff
Category: Police Accountability Project
Created: May 10, 2014
No comments on “Hackensack pays $50,000 to settle Muslim father's claim that police beat him in front of family and called him a "f***ing terrorist." ”

On April 15, 2014, the City of Hackensack (Bergen County) agreed to pay $50,000 to a local businessman and his family who sued members of the Hackensack Police Department for excessive force and hate crime violations.

In his suit, Fouad Dakka said that on April 7, 2007, he brought his 11 year old daughter to the Hackensack Police Department at the direction of Detective Tina M. Clouse in order to be processed under a complaint "that some other girl filed against her in retaliation for plaintiff's daughter having filed a complaint against this girl."  He said that because he was Muslim and of Arab descent, he was nervous and arranged to have an attorney be with him during this encounter with police.  Dakka claimed that when he arrived at the police station, he advised Clouse that his attorney was parking his car and would be in the station to accompany them in a moment.

Clouse allegedly "became extremely irate, indicated that she refused to wait even a second for any attorney or for any reason . . . [because] it is Saturday and she was already late for her personal plans for that day."  Dakka alleged that Clouse "lunged forward at" the 11-year-old, grabbed her arm and attempted to pull her into the police department.  Dakka said that he and his daughter were hugging each other protectively while she was being pulled by Clouse. 

Read more …

Volunteer Fire Departments within Fire Districts are OPRA "public agencies."

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Written by: John Paff
Category: Open Government Advocacy Project
Created: May 01, 2014
No comments on “Volunteer Fire Departments within Fire Districts are OPRA "public agencies."”

In an Order distributed today, May 1, 2014, the Government Records Council (GRC) ruled that a volunteer fire department in Franklin Township (Somerset County), which is within a Fire District, is a "public agency" that must respond to Open Public Records Act (OPRA) requests.

In Robert A. Verry v. Franklin Fire District No. 1, GRC Complaint No. 2013-196 (on-line here), the GRC held:

Notwithstanding that [Millstone Valley Fire Department] was likely created by the volunteer membership, is clear that member companies within a fire district exercise a government duty and are under the supervision and control of the district, which is clearly a "public agency." In essence, although the creation of a volunteer fire company is reserved only for the membership, said company organizing within a fire district is expressly required to apply to the district. As the Court noted in [Paff v. New Jersey State Firemen's Ass'n], the relationship between the Association and its existence are owed to state law, as is the relationship between the creation and function of a volunteer fire company within a fire district. Thus, in applying the Court's decision in Firemen's Ass'n, to the facts of this complaint, the GRC is satisfied that [Millstone Valley Fire Department] is a "public agency" for purposes of OPRA.


Therefore, because [Millstone Valley Fire Department] is a member of the [Franklin Fire District] per N.J.S.A. 40A:14-70.1 and thus serves a governmental function under the supervision and control of the [Franklin Fire District], it is a public agency for purposes of OPRA.

This is the first decision of its kind that I am aware of in New Jersey.

Verry's attorney in the matter is John A. Bermingham, Jr., Esq. and the Fire District was represented by Dominic DiYanni .  The Fire District has 45 days within which to appeal the ruling.

IA Complaint against Warren Township Police Officer

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Written by: John Paff
Category: Police Accountability Project
Created: April 30, 2014
No comments on “IA Complaint against Warren Township Police Officer”

Russell W. Leffert, Chief
Warren Township Police Department
44 Mountain Boulevard
Warren, NJ 07059
via e-mail only to This email address is being protected from spambots. You need JavaScript enabled to view it.

Dear Chief Leffert:

I chair the New Jersey Libertarian Party's Police Accountability Project and ask that you accept this e-mail as our Internal Affairs complaint.  I am forwarding this complaint to you, as Chief of Police, because there is nothing on your web site identifying the person within your Department to whom an Internal Affairs complaint should be directed.

We would like your agency to investigate whether Officer Robert Ferreiro (as well as any other officers and personnel employed by your agency) acted in accordance with department policy and the law regarding a June 10, 2010 motor vehicle stop and subsequent warrantless search of a vehicle driven by Troy Henderson.

Read more …

Libertarianism Offers Fresh Perspective on Politics

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Written by: Matthew Boyer
Category: Letters to Editor
Created: April 30, 2014
No comments on “Libertarianism Offers Fresh Perspective on Politics”

By Matthew Boyer. Matthew Boyer is a School of Arts and Science sophomore with a major in political science and a minor in German. His column, “Legalizing Life,” runs in The Daily Targum on alternate Wednesdays.

Every election, America faces a battle between two dominant political parties, which in turn divides America. We bicker about the opposing party’s policies and are distracted by trivial matters. We then elect a new president who typically behaves similarly to the one prior. Four or eight years down the road, half the country regrets who they cast their vote for. This scenario has essentially been an ongoing ordeal for decades. The American people have let the establishment of the two dominating parties overshadow the possibility of new voices in American politics. But there is a fresh alternative to the Democrats and Republicans we have all come to love and hate: Libertarians.

Putting aside talking points from watching an hour of MSNBC or Fox News, what are the legitimate differences between Democrats and Republicans? Well, let’s start with America’s history of military interventionism. Many people consider Democrats to be anti-war, whereas Republicans are considered warmongers — hence the anti-Condoleezza Rice sentiment among the University faculty. However, since World War II, history in the White House has shown an overwhelming pursuit of war, regardless of which party held office.For example, our current president continues Middle Eastern interventionism, global spying programs and unrestricted drone use, and he is a Democrat. Somalia intervention was under Bill Clinton, a Democrat. The Iraq and Afghanistan wars were under George W. Bush, a Republican. The Gulf War was under the President Bush senior, also a Republican. The Vietnam War was started under John F. Kennedy and continued through Johnson’s administration. Both were Democrats. It was Franklin D. Roosevelt who established the Japanese internment camps across the United States through executive order. The striking similarity in both parties’ foreign policy suggests the need for a new party that would boldly proclaim their pro-diplomacy, pro-peace and anti-war policies.

Read more …

Should Internal Affairs complainants have to reveal their race and social security number?

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Written by: John Paff
Category: Police Accountability Project
Created: April 29, 2014
No comments on “Should Internal Affairs complainants have to reveal their race and social security number?”

Thomas J. Chirichella, First Assistant Prosecutor
Somerset County Prosecutor’s Office
40 North Bridge Street
Somerville, NJ 08876
via e-mail only to This email address is being protected from spambots. You need JavaScript enabled to view it.

Dear Mr. Chirichella:

I chair the New Jersey Libertarian Party's Police Accountability Project and have some concerns that the instructions on the Warren Township Police Department's web site regarding filing of an Internal Affairs complaint are too onerous and may dissuade some people from filing.  I am directing this e-mail to your attention (with a copy to Freeholder Director Scaglione, who is the liaison to the Prosecutor's Office) because you are listed on the Somerset County Prosecutor’s Office website as the legal director to the SCPO's Internal Affairs Unit.

I invite your attention to the page (on-line here) on Warren's site that instructs potential IA complainants to complete the Complaint Form (on-line here) and "bring this completed form to Warren Police headquarters."

Read more …

Those Who Fight - A Call for Action

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Written by: Jay Edgar
Category: Videos
Created: April 24, 2014
No comments on “Those Who Fight - A Call for Action ”

420 Rally for Legalization

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Written by: Webmaster
Category: Videos
Created: April 20, 2014
No comments on “420 Rally for Legalization”

Bergen Community College Suspends Professor Over Social Media Picture

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Written by: Jay Edgar
Category: Student Rights
Created: April 20, 2014
No comments on “Bergen Community College Suspends Professor Over Social Media Picture”

In apparent display of social correctness and lack of understanding of social media and free speech rights, Executive Director of HR, James Miller has suspended Associate Professor Francis Schmidt over a picture Schmidt had uploaded to his Google+ account.

Our schools and universities should be a place of open discussion, discovery, and analysis of all thoughts. By limiting what can be discussed, the bureaucrats who run our higher education institutions are limiting the ability of young people to learn and develop. Instead of banishing anything that may be deemed offensive, schools should be encouraging students to have their views challenged, discussed, and analyzed.

The Foundation for Individual Rights in Education (FIRE) summarizes the censorship:

Displaying a lack of both pop culture and First Amendment awareness, administrators at Bergen Community College in New Jersey placed Professor Francis Schmidt on leave this past January, requiring him to meet with a psychiatrist before returning to campus—just for posting a picture of his daughter in a T-shirt quoting the popular HBO television show Game of Thrones.

Read more …

Why Health Care Costs Are So High

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Written by: Webmaster
Category: Videos
Created: April 20, 2014
No comments on “Why Health Care Costs Are So High”

  1. The Future of the Libertarian Party
  2. Elected Official asked to properly fill out his Financial Disclosure Form
  3. More Speakers Added to LP National Convention Line-up
  4. Municipal Clerk in Hunterdon County agrees to pay $1,000 OPRA penalty

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Shedding light on TrentonThe Open Government Advocacy Project is a committee of the NJ Libertarian Party. Its goal is to ensure transparency and accountability at all levels of government. Articles posted here are a subset of the work of the committee. For more information visit the Open Government Advocacy Project blog.

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The New Jersey Libertarian Party's Preempted Ordinance Repeal Project (“the Project”) seeks to get New Jersey municipalities to repeal loitering ordinances that should have been -- but were not -- repealed when the New Jersey Code of Criminal Justice was enacted in 1979. The Project has successfully had loitering ordinances repealed in over 30 towns. For a summary listing of all the towns see Preempted Ordinance Repeal Project page.

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The Police Accountability Project is a committee of the NJ Libertarian Party. Its goal is to search out cases of police misconduct, file former Internal Affairs (IA) complaints when appropriate, and to publicize violations of rules and laws by the police. There may be other stories posted on the NJLP Police Internal Affairs Complaint Blog page.

If you would like to help or know of a case we should be looking at, contact the committee at This email address is being protected from spambots. You need JavaScript enabled to view it..

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The NJ Libertarian Party is NJ's third largest political party, founded in 1972. Our vision is for a world in which all individuals have the right to exercise sole control over their own lives, and have the right to live in whatever manner they choose, so long as they do not forcibly interfere with the equal right of others to live as they choose. Our goal is to build a political party that elects Libertarians to public office, and moves public policy in a libertarian direction.

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