Post by KC on Apr 23, 2006 22:07:08 GMT -5
04/23/2006 - SEASIDE PARK — A 2004 civil complaint filed by a Brick resident alleging brutality by the borough Police Department has been amended to include Police Chief William Beining and three other officers, the accuser's attorney said.
Thomas J. Mallon, representing Sean P. Foley of Brick, said he filed a motion last week to include the additional names. The complaint was originally filed July 25, 2004, in U.S. District Court, Trenton, alleging excessive force, false arrest, malicious prosecution and abuse of process.
The allegations were made in connection with an incident May 23, 2004, outside the Sawmill Tavern and Restaurant on the boardwalk. The amended complaint will include the names of Beining, Sgt. James Citta, Detective Brian McKay and Lt. Edward Dickson.
Mallon said the names were left out of the original complaint until he was able to establish what he contends was a pattern of abuse in the department.
"I wanted an expert with experience to look at the whole picture," Mallon said. "When I got that, it cemented our position that anyone responsible should have realized that there was an ongoing problem with the use of force."
McKay, Dickson and Citta were named because all three worked in Internal Affairs at the time, Mallon said.
Beining was named because he "should have been aware of all of this and, since he wasn't, permitted this atmosphere to exist," Mallon said.
In late January, an expert on police procedures, Frederick J. Rast III — who is expected to testify against the Seaside Park Police Department — submitted a lengthy report detailing what he argued to be a pattern of abuse. In his report, Rast said that after wrongly arresting Foley, Boag, Leone and other Seaside Park officers committed an unprovoked assault on Foley.
Rast's report cites transcripts from Foley's case, in which Foley's charge of disorderly conduct was dropped.
In his analysis, Rast also detailed the joint complaint filed by sisters Melanie Bruno of Manchester and Melissa Bruno of Waretown, and also Jose Roman of Seaside Park. That complaint was filed in District Court on Jan. 6, 2005, alleging police brutality in connection with an incident outside the Sawmill on Nov. 22, 2003.
Beining, Citta and Boag also were named in that complaint.
Rast also cites a transcript of Beining's deposition in the Bruno/Bruno/Roman vs. Seaside Park case; he said the chief did not give a clear response as to whether officers are adequately trained to respond to verbal provocation.
"The lack of a clear response by the chief of police in that case may infer a lack of training in the use of force," according to Rast's report.
The report goes on to say: "A review of the facts of this case show that Boag, Leone and other Seaside Park police officers used excessive force on Sean Foley."
According to the report: "The acts and omissions of superior officers in the Seaside Park Police Department amount to supervisory liability."
Rast contends that superiors allowed a violation of state law regarding use of force, which states: "In situations where law enforcement officers are justified in using force, the utmost restraint should be exercised. The use of force should never be considered routine."
Mallon said once Rast's report was completed, he felt comfortable identifying the officers by name. All four officers were previously identified as "John Doe."
Originally mentioned in the complaint were Officer Joseph Leone, a Class II special officer and a full-time police officer in the Lakehurst Police Department; and Sgt. James Boag.
Michael J. McKenna, the attorney representing the Seaside Park Police Department, did not return three telephone calls for comment made to his office.
Boag's attorney, George F. Murphy Jr., could not be reached for comment.
R. Scott Clayton, an attorney representing Leone, did not wish to elaborate on Rast's report.
"It's too early in the proceedings to even comment on," Clayton said.
Rast is president of Trachel Inc., a private detective agency licensed in New Jersey, New York and Maryland and affiliated throughout the United States. Among his credentials, Rast was director of public safety in Old Bridge from 1990 to 1992, and a lieutenant colonel in the Military Police branch of the U.S. Army Reserves, with 29 years of service.
In his report, Rast said: "Leone's and Boag's arrest and detention of Foley was clearly a false arrest. After reviewing the facts of this case based upon my experience as a law enforcement officer and supervisor, it is clear that no reasonable police officer faced with a similar situation would have arrested and detained Sean Foley."
According to the report: "It is clear from my review, Foley was cooperating with Leone. Leone took him into custody not because he was threatening Leone or being disorderly, but simply as a result of Foley being upset about being physically thrown out of a bar for what he believed to be no apparent reason, as well as previously paying $50 for admittance."
Rast said Foley was never told what he was being arrested for until he was brought to headquarters.
In trying to identify a pattern of abuse, Rast also cited another case against the Seaside Park Police Department alleging excessive force. That case was State vs. Joyce Rzcucek/Robin Siefert, based on an Aug. 31, 2003, incident near the Seaside Park boardwalk.
In all three incidents, Seaside Park police are alleged to have used excessive force. According to Rast's report, the accused officers did not use "the utmost restraint" before using force.
Thomas J. Mallon, representing Sean P. Foley of Brick, said he filed a motion last week to include the additional names. The complaint was originally filed July 25, 2004, in U.S. District Court, Trenton, alleging excessive force, false arrest, malicious prosecution and abuse of process.
The allegations were made in connection with an incident May 23, 2004, outside the Sawmill Tavern and Restaurant on the boardwalk. The amended complaint will include the names of Beining, Sgt. James Citta, Detective Brian McKay and Lt. Edward Dickson.
Mallon said the names were left out of the original complaint until he was able to establish what he contends was a pattern of abuse in the department.
"I wanted an expert with experience to look at the whole picture," Mallon said. "When I got that, it cemented our position that anyone responsible should have realized that there was an ongoing problem with the use of force."
McKay, Dickson and Citta were named because all three worked in Internal Affairs at the time, Mallon said.
Beining was named because he "should have been aware of all of this and, since he wasn't, permitted this atmosphere to exist," Mallon said.
In late January, an expert on police procedures, Frederick J. Rast III — who is expected to testify against the Seaside Park Police Department — submitted a lengthy report detailing what he argued to be a pattern of abuse. In his report, Rast said that after wrongly arresting Foley, Boag, Leone and other Seaside Park officers committed an unprovoked assault on Foley.
Rast's report cites transcripts from Foley's case, in which Foley's charge of disorderly conduct was dropped.
In his analysis, Rast also detailed the joint complaint filed by sisters Melanie Bruno of Manchester and Melissa Bruno of Waretown, and also Jose Roman of Seaside Park. That complaint was filed in District Court on Jan. 6, 2005, alleging police brutality in connection with an incident outside the Sawmill on Nov. 22, 2003.
Beining, Citta and Boag also were named in that complaint.
Rast also cites a transcript of Beining's deposition in the Bruno/Bruno/Roman vs. Seaside Park case; he said the chief did not give a clear response as to whether officers are adequately trained to respond to verbal provocation.
"The lack of a clear response by the chief of police in that case may infer a lack of training in the use of force," according to Rast's report.
The report goes on to say: "A review of the facts of this case show that Boag, Leone and other Seaside Park police officers used excessive force on Sean Foley."
According to the report: "The acts and omissions of superior officers in the Seaside Park Police Department amount to supervisory liability."
Rast contends that superiors allowed a violation of state law regarding use of force, which states: "In situations where law enforcement officers are justified in using force, the utmost restraint should be exercised. The use of force should never be considered routine."
Mallon said once Rast's report was completed, he felt comfortable identifying the officers by name. All four officers were previously identified as "John Doe."
Originally mentioned in the complaint were Officer Joseph Leone, a Class II special officer and a full-time police officer in the Lakehurst Police Department; and Sgt. James Boag.
Michael J. McKenna, the attorney representing the Seaside Park Police Department, did not return three telephone calls for comment made to his office.
Boag's attorney, George F. Murphy Jr., could not be reached for comment.
R. Scott Clayton, an attorney representing Leone, did not wish to elaborate on Rast's report.
"It's too early in the proceedings to even comment on," Clayton said.
Rast is president of Trachel Inc., a private detective agency licensed in New Jersey, New York and Maryland and affiliated throughout the United States. Among his credentials, Rast was director of public safety in Old Bridge from 1990 to 1992, and a lieutenant colonel in the Military Police branch of the U.S. Army Reserves, with 29 years of service.
In his report, Rast said: "Leone's and Boag's arrest and detention of Foley was clearly a false arrest. After reviewing the facts of this case based upon my experience as a law enforcement officer and supervisor, it is clear that no reasonable police officer faced with a similar situation would have arrested and detained Sean Foley."
According to the report: "It is clear from my review, Foley was cooperating with Leone. Leone took him into custody not because he was threatening Leone or being disorderly, but simply as a result of Foley being upset about being physically thrown out of a bar for what he believed to be no apparent reason, as well as previously paying $50 for admittance."
Rast said Foley was never told what he was being arrested for until he was brought to headquarters.
In trying to identify a pattern of abuse, Rast also cited another case against the Seaside Park Police Department alleging excessive force. That case was State vs. Joyce Rzcucek/Robin Siefert, based on an Aug. 31, 2003, incident near the Seaside Park boardwalk.
In all three incidents, Seaside Park police are alleged to have used excessive force. According to Rast's report, the accused officers did not use "the utmost restraint" before using force.