MON-L-003369-18 09/17/2018 9:34:19 PM Pg 1 of 16 Trans ID: LCV20181610536 SUPERIOR COURT OF NEW JERSEY EDWARD HEDDEN, | LAW DIVISION: MONMOUTH | COUNTY Plaintiff, | | Docket No. v, | | TOWNSHIP OF MANALAPAN; | MANALAPAN POLICE DEPARTMENT; 1 CHIEF MICHAEL FOUNTAIN, i Individually and in his official capacity as | COMPLAINT ‘Chief of the Manalapan Police Department; JOHN/JANE DOES 1-10 (fictitious names), Individually and in his/her official capacity as agents and/or employees of Manalapan ‘Township and/or Manalapan Police Department; ABC CORPORATIONS 1-10. (fictitious names). AND DEMAND FOR TRIAL BY JURY Defendants. | | | ee | The Plaintiff, Edward Hedden, (“Plaintiff”) complaining of the Defendants, says: PARTIES 1. Plaintiff was at all material times a resident of Monmouth County, New Jersey. 2. Defendant Township of Manalapan (“Manalapan”) is and was, at all times in the relevant time period, a municipal cooperation and a public employer of the individual Defendant. 3. Defendant Manalapan Police Department (“MPD”) is and was, at all times in the relevant time period, a division and/or department of Manalapan entrusted with, among other things, enforcing federal, state and local laws and ordinances, and otherwise ensuring the safety of the people and property within the jurisdictional limits of the Manalapan.MON-L-003369-18 09/17/2018 9:34:19 PM Pg 2 of 16 Trans ID: LCV20181610536 4. Defendant, Chief Michael Fountain (“Fountain”), at all times in the relevant time period, was the Chief of Police for the MPD acting under the color of law. Fountain is sued in his individual and official capacity. 5. Defendants John Does 1-10, are presently unknown employees, agents and/or representatives of Manalapan and/or the MPD whose unlawful actions are described, referenced and/or set forth herein. All are being sued individually and in their official capacities. 6. Defendants ABC Corporations 1-10, are presently unknown entities who may be responsible for Plaintiff's damages. FACTUAL BACKGROUND 7. Plaintiff has proudly served as a patrol officer for the MPD for approximately 21 8. Unfortunately, Plaintiff's recent employment with the MPD has been mired by a systematic plan by Fountain and other members of the MPD’s brass to rid Plaintiff from the department in retaliation for complaints that were lodged against Fountain for improper conduct. 9. As a result of the incidents which will be discussed herein Fountain has unleashed a relentless and personal vendetta against Plaintiff under which he has promised to find a way to have Plaintiff fired. 10. As a result of Fountain’s conduct Plaintiff has been subjected to unwarranted suspension and threats of baseless administrative charges, disciplinary action and termination. 11. Fountain’s actions indicate that he is hell-bent on terminating Plaintiff at any and all costs including fabricating accusations against him in retaliation for Plaintiff crossing the “thin blue line” by filing a complaint regarding Fountain’s sexually charged improper conduct.MON-L-003369-18 09/17/2018 9:34:19 PM Pg 3 of 16 Trans ID: LCV20181610536 12. _ By way of background, in 2016, Fountain, along with other officers including Plaintiff, created a Hockey Club. 13, The Hockey Club had close ties and association with the MPD and at times utilized MPD resources on Fountain’s orders. 14, On March 9, 10, 11 of 2018, the Hockey Club participated in a toumament in Toms River, NJ. 15. The team was comprised of eight police officers, two of whom are Sergeants, and a few civilians. 16. On March 9, 2018, the team had a game scheduled for approximately 5:00 p.m. 17. Just prior to the game the team was sitting on the bench when Fountain, who was injured and not playing, addressed the team. 18, Fountain informed the players, in the presence of his girlfriend, that anyone who Scores a goal can grab her “ass” (“buttocks”) and anyone that scores a hat trick (3 goals) can grab het “tits” (“breasts”). 19. During the game cach time a member of the team scored a goal Fountain called the player over and ordered them to grab his girlftiend’s buttocks and/or breasts. 20. On March 10, 2018, the team had two games. 21. Fountain invited all the players to attend the Miracle Pub for food and drinks afterwards because his girlfriend was the manager there and the team would be taken care of. 22, Plaintiff attended with his wife and approximately seven other individuals including Fountain and his girlfriend. 23. Fountain began imbibing and became intoxicated and unruly.