Escolar Documentos
Profissional Documentos
Cultura Documentos
SUPERIOR COURT
PO BOX 1269
FREEHOl,D NJ 07728
TRACK ASSIGNMENT NOTICE
COURT TELEPHONE NO. (732) 6774240
COURT HOURS 8:30 AM - 4:30 PM
DATE: AUGUST 03, 2017
RE: LOVE VS CITY OF ASBURY PARK ET AL
DOCKET: MON L 002767 17
THE ABOVE CASE HAS BEEN ASSIGNED TO: TRACK 3.
DISCOVERY IS 450 DAYS AND RUNS FROM THE FIRST ANSWER OR 90 DAYS
FROM SERVICE ON THE FIRST DEFENDANT, WHICHEVER COMES FIRST.
THE PRETRIAL JUDGE ASSIGNED IS: HON LINDA G. JONES
IF YOU HAVE l'.NY QUESTIONS, CONTACT TEAM 003
AT : (732) 677-4262 EXT 42 62 .
Defendants.
Neptune, NJ 07753, and at all times relevant hereto was employed by defendants.
2. Defendants City of Asbury Park (or the "Asbury Park Police Department"
1, Asbury Park, NJ 07712, which had the plaintiff in its employ during the relevant time
periods herein.
3. Defendant, Anthony Salerno, Jr. ("Salerno") resides at 20 Gladiola Drive,
Howell, NJ 07731, and at all times relevant hereto was employed by defendant APPD
and had supervisory authority over plaintiff and/or had involvement in his demotion.
4. At all times relevant hereto, the defendants Jane Doe 1-V and John Doe
1-V are fictitious names used to identify those individuals which names are presently
unknown that engaged in wrongful acts outlined herein and their identities are
presently unknown.
5. At all times relevant hereto, the defendants XYZ Corporation 1-V are
fictitious names used to identify those corporations which names are presently
unknown but include corporations incorporated under the laws of the State of New
Jersey and/or other states and had plaintiff under their employ.
8. From 1996 until 2007, Plaintiff worked his way through the ranks,
10. On or about April 28, 2006, then Asbury Park police officer Jessenia
DaVita-Vick ("Davila-Vick") filed a complaint in the Superior Court of New Jersey, Law
Division, Monmouth. County against the Asbury Park Police Department and Captain
Anthony Salerno, alleging, amongst other things, a hostile work environmen t and
settled on or about September 15, 2011, resulting in Salerno being suspended for
approximately two years. Upon information and belief, Salerno was told to have no
12. On or about September 30, 2011, Plaintiff was promoted to the rank of
Captain.
Salerno, an incident she reported to Plaintiff. Plaintiff reported this incident to then
14. On or about May 1, 2014, Salerno was promoted to deputy chief over
Plaintiff. It was no secret that Plaintiff desired the Police Chief title and was in line for
H(f same.
,
15 . In July 2014, then-Chief Kinman took leave time until he could officially
retire; Salerno, the highest ranking officer in the department, took over his duties.
16. In September 2014, Kinman officially retired and Salerno became acting
chief.
17. In or around late January of 2015, Salerno was investigated by the City of
Asbury Park for allegedly taking his City issued car to Florida for a personal trip. Upon j
information and belief, Salerno thought Plaintiff was involved in notifying the City of this
infraction.
18. On June 16, 2015, at approximately 11:28 am, off duty Neptune
11 Township Police Sergeant Philip Seidle shot and killed his ex-wife, Tamara Seidle,
I!
'!
'
near the intersection of Ridge and Sewall Avenues in Asbury Park while their 7-year
old daughter was inside Philip Seidle's car just feet away.
19. Plaintiff, one of the first responding officers, removed the Seid/e's 7-year
old daughter from the crime scene at the direction of Officer Lawson, the first
responding officer, and brought her back to APPD headquarters, a mere quarter-mile
20. Plaintiff then returned to the scene before leaving a second time at the
direction of Captain Kelso, who directed him to bring Officer Lawson back to
headquarters.
investigation into the actions of the officers involved and the domestic violence history
22. On June 30, 2016, over a year after the incident occurred, the Monmouth
County Prosecutor's Office ("MCPO") released a report outlining their internal review of
law enforcement's response to the killing of Tamara Seidle on June 16, 2015.
(21) separate occasions, either Tamara or Philip Seidle called the Neptune Township
Police Department for police assistance. Fourteen of those twenty-one calls were
24. The investigation also revealed that after several domestic violence
incidents between Tamara and Philip Seidle, a "fitness for duty" evaluation was
conducted of Philip. The result of the evaluation was that he was "not fit for duty," and
;J
'
25 . On May 2, 2012, the MCPO agreed to conditionally re-arm Philip Seidle
26. On March 28, 2014, after another domestic violence incident between
Philip and Tamara, an internal affairs investigation was launched by Neptune PD, and
27. On April 2, 2014 and May 29, 2014, an evaluating physician found Seidle
28. The MCPO report concluded that the fitness for duty evaluation "lacked
29. On August 18, 2014, after an incident between Philip Seidle and his
children involvingunwanted contact by Philip, he was again evaluated for fitness for
duty. Again, a physician concluded he was frt for duty, and he was not disarmed.
30. On April 29, 2015, yet another domestic violence call was made, this time
by Philip Seidle, and no charges were filed. The report concluded that this was the
31. The MCPO report noted that "it is common for parties who are in the
disputes."
32. Based upon these findings, the report outlined an "Early Warning
County.
11
33. The report made no findings of fault or deficiencies on behalf of any of
:1 the lo ca l departments or on behalf of the MCPO for how they handled the domestic
'
violence reports .
34. In assessing the actions of members of the APPD and Neptune PD, the
report ultimately concluded that Plaintiff failed to take control of the scene and showed
poor judgement by leaving the scene twice while this even was ongoing. It found that
APPD.
35. . The report also concluded that Police Officer Lawson violated one
APPD policy and procedure for conduct unbecoming and recommended discipline by
the APPD.
1 36. On July 29, 2016, Salerno wrote a letter to Plaintiff outlining the potential
,';
of two (2) ranks (from Captain to Sergeant) and a 120 day suspension without pay.
disciplinary action, again outlining the charges and penalties he was facing.
38. On August 9, 2016, the APPD, Salerno formally charged Plaintiff with
duties, (6) conduct unbecoming, (7) neglect of duty and (12) other sufficient cause, as
well as violating the APPD's rules and regulations regarding the "Rapid Response to
an Active Shooter."
39. These charges differed slightly from the recommendations of the
Monmouth County Prosecutor's Office report, as they did not include charges of
insubordination.
Office, no other officers were charged, including Officer Lawson and his fellow Special
41. On September 30, 2016, an administration hearing was held for the City
of Asbury Park PD v. Love to determine the outcome of the charges filed against
Plaintiff.
42. During the hearing, Salerno testified that the APPD did not conduct their
own internal investigation, essentially relying on the report authored by the Monmouth
43. Salerno also testified that he did not interview any witnesses, nor did he
punishment.
44. Salerno further testified that he adopted the report and recommendations
of the MCPO.
45. On November 18, 2016, the City Manager of Asbury Park, Michael
Monmouth County Prosecutor's Office, a two (2) rank demotion and 120 day
46. Despite the decision not containing any formal reasoning whatsoever,
Capabianco found that Plaintiff violated all four New Jersey Administrative Codes he
was charged with, but did not find he violated the APPD rules and regulations for
Office and Neptune Police Department, Plaintiff was scapegoated for the Seidle
shooting. In addition, the white officers included in the events were not adversely
affected.
48. On November 21, 2016, Plaintiff was served at his home with the final
notice of disciplinary action by Acting Deputy Chief Kelso and Lt. Mary Bulsiewicz.
49. That same day, Plaintiff visited Dr. Abeer Griggs for medical issues that
had arisen during the pendency of his case. Dr. Griggs prescribed him three weeks
51. Upon information and belief, Salerno ordered Ofc. Newman and Lt.
Bulsiewiczto travel to Dr. Griggs' office and ask about Plaintiffs visit.
52. Upon information and belief, Acting Deputy Chief Kelso subsequently
requested the use of a gray surveillance van to conduct surveillance on Plaintiff while
53. Upon information and belief, between November 21, 2016 and
December 13, 2016, APPD Internal Affairs conducted a three week long undercover
Affairs was launching an investigation into possible policy violations regarding the Sick
55. By letter dated January 11, 2017, Plaintiff responded to each of the
56. On June 7, 2017, Plaintiff requested that Deputy Chief Kelso show him
57. While reviewing his personnel file, it came to Plaintiff's attention that two
internal affairs dispositions were contained in his file. The same two internalaffairs
documents were also located on the department server, "PowerDMS," which was
Inte rnal Affair documents from his personnel file and from PowerDMS, which were in
59. Upon information and belief, the APPD employs approximately 100
60. Upon information and belief, during Salerno's tenure as Acting Police
61. During the twenty-one years Plaintiff was employed by the APPD, there
block Plaintiff in his pursuit of the Police Chief position on account of his race.
FIRST COUNT
63. Plaintiff repeats and realleges each and every allegation of the within
65. As set forth above, the defendants scapegoated Plaintiff despite the
failures of the MCPO and Neptune PD and demoted Plaintiff because of his race
protect against racial/national origin discrimination, including, but not limited to:
, 1 subject defendant to punitive damages under the LAD and lehmman v. Toys R Us.
69. Plaintiff has been severely injured as a result of such discrimination that
he has suffered, and continues to suffer, physical and bodily injuries, severe emotional
,t Jr.; Jane Doe 1-V (these names being fictitious as their present identities are unknown);
John Doe 1-V (these names being fictitious as their present identities are unknown);
XYZ Corporation 1-V (these names being fictitious as their present identities are
unknown), jointly and severally, for harm suffered as a result of defendants' racial
(b) full compensation for back pay and benefits with full remuneration,
with interest;
(c) full compensation for front pay and benefits with full remuneration,
with interest;
(i) such other relief as may be available pursuant to the LAD in which
SECOND COUNT
70. Plaintiff hereby incorporates each and every allegation of the within
paragraphs of this Complaint as if they were fully set forth at length herein.
behavior of Anthony Salerno, including but not limited to sexual harassment and
72. By and through the aforementioned actions, including, but not limited to
demoting him two ranks from Captain to Sergeant and suspending him for a period of
120 days without pay, defendants violated the Conscientious Employee Protection Act
'l
ll
..\tl
employer or another employer, with whom there is a business
relationship and/or
reports about and resistance and/or refusal to engage in defendants' fraudulent, illegal
against a supervisor, plaintiff has suffered, and continues to suffer, economic loss,
harm to career, harm to reputation, bodily injury with physical manifestations, severe
emotional distress, and physical pain and suffering, as well as all other such damages
defendants , City of Asbury Park; Asbury Park Police Department; Anthony Salerno,
Jr., Jane Doe 1-V (these names being fictitious as their presentidentities are unknown);
John Doe 1-V ( these names being fictitious as their present identities are unknown);
XYZ Corporation 1-V (these names being fictitious as their present identities are
unknown), jointly and severally, for harm suffered as a result of defendant's violation of
CEPA as follows:
b. full compensation for back pay and benefits with full remuneration,
with interest;
c. full compensation for front pay and benefits with full remuneraiton,
with interest;
d. compensatory damages;
e. consequential damages;
f. punitive damages;
h. costs of suit;
i. interest; and
j. such other relief the court may deem equitable and just.
THIRD COUNT
74. Plaintiff repeats and realleges each and every allegation of the within
75. As set forth herein, after Plaintiff made a complaint of sexual harassment
ranks and 120 day suspension without pay, constitutes unlawful retaliation in violation
of the LAD.
77. Plaintiff has been severally injured as a result of such retaliation that he
has suffered, and continues to suffer, physical and bodily injuries, severe emotional
defendants, City of Asbury Park; Asbury Park Police Department; Anthony Salerno,
Jr.: Jane Doe I-V (these names being fictitious as their present identities are unknown);
John Doe I-V (these names being fictitious as their present identities are unknown);
XYZ Corporation I-V (these names being fictitious as their present identities are
unknown), jointly and severally, for harm suffered as a result of defendants' unlawful
retaliation as follows:
{b) full compensation for back pay and benefits with full remuneration,
with interest;
(c) full compensation for front pay and benefits with full remuneration,
with interest;
{i) such other relief as may be available pursuant to the LAD in which
78. Plaintiff repeats and realleges each and every allegation of the within
79. Pursuant to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1
et seg. ("LAD"), defendant is liable for the acts constituting hostile work environment
a pervasive hostile work environment based upon harassing Plaintiff's doctor about his
medical leave and conducting a three week long surveillance of Plaintiff's home while
he was out on medical leave. Plaintiff was harassed, followed and mocked on
regarding racial and other discrimination and the reporting and investigation of
complaints of same;
subject defendants to punitive damages under the LAD and Lehmann v. Toys 'R' Us.
85. Plaintiff has been severely injured as a result of such disability and/or
anguish, person hardship, career and social disruption, psychological and emotional
harm, economic losses, lost employment opportunities, and other such damages.
defendants, City of Asbury Park; Asbury Park Police Department; Anthony Salerno,
Jr.; Jane Doe 1-V (these names being fictitious as their present identities are unknown);
John Doe 1-V (these names being fictitious as their present identities are unknown);
XYZ Corporation 1-V (these names being fictitious as their present identities are
unknown), jointly and severally, for harm suffered as a result of defendants' hostile
O'CONNOR, PARSO
Attorneys for Plai
B_y: 8.N(5siJ
GREGORY B. NOBLE
Please take notice that pursuant to Rule 4:25-4, Gregory B. Noble, Esq. is
subject of any other action pending in any court or pending arbitration proceeding, nor
3. There are no other parties who should be joined in this action that we are
I hereby certify that the foregoing statements made by me are true. I am aware
that if any of the foregoing statements made by me are willfully false, I am subject to
punishment.
By:
GRE : ---- --
DATED: July 25, 2017
I
Appendix XIl-B l
FOR C:SE BY CLERK S OFFI CE O' LY
CIVIL CASE INFORMATION STATEMENT PAYMENT TYPe: 0cK 0cG-OcA
(CIS) Ct-tGICKN0.
DO YOU ANTICIPATEADDING ANY PARTIES NAME OFDEFENDANT'S PRIMARY INSURANCE COMPANY (if known)
(arising out of same transaction or occurrence)? 0 NONE
0 Yes No UNKNOWN
00 YOU OR YOUR CLIEfoIT NEED AAY DISABILITY ACCOMMODATIONS? IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMOOATION
0 YES NO
WILL1W INTERPRETER BENEEDED? IF YES, FOR WHAT LANGUAGE?
0 YES
rs have been redacted from documents now submitted to the court, and will be
n the future In accordance with Rule 1:38-7(b).
ATTOANEY SIGNATU :
CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.)
Track I 150 days' discovery
151 NAME CHANGE
175 FORFEITURE
302 TENANCY
399 REAL PROPERTY (other than Tenancy, Contract. Condemnation, Complex Commercial or Construction)
502 BOOK ACCOUNT (debt collection matters only)
505 OTHER INSURANCE CLAIM {Includingdeclaratory judgment acllons)
506 PJP COVERAGE
510 UM or UIM CLAIM (coverage Issues only)
511 ACTION ON NEGOTIABLE INSTRUMENT
512 LEMON LAW
601 SUMMARY ACTION
802 OPEN PUBLIC RECORDS ACT (summary action)
999 OTHER (briefly describe nature of action)
If you believe this case requires a track other than that provided above, please Indicate the reason on Side 1,
In the space under Nease Characterlstlc:s.
Please check off each applicable category O Putative Class Action 0 Title 59