Post by admin on Dec 21, 2008 16:46:55 GMT -5
No wonder there is an apearance that our cops walk on egg shells, they are always getting sued.....
www.app.com/article/20081221/NEWS01/812210356/1285/LOCAL09
FREEHOLD — A Freehold couple's lawsuit against more than 20 officers in the borough, Freehold Township, Manalapan and the State Police after a raid of their boarding home here is ongoing in state Superior Court in Ocean County, officials said.
Attorneys, police and court officials stayed mum Friday about the details of the case, filed by Armatrue, 75, and John Simmons, 70, of Freehold. But Freehold police Lt. Mark Waddell said the lawsuit revolves around a March 3, 2004, raid at the Simmonses' boarding home at 33 Lockwood Ave.
At least 14 of the involved officers were borough police, said Waddell, who also is a named defendant. Waddell said a "do not knock" search warrant had been obtained for the rooming house and a neighboring single-family home for alleged distribution of controlled dangerous substances. State Police conducted the entry into the home, according to Waddell, and local police conducted the subsequent search.
He said he did "not believe anything was located" in the search and did not know what drugs were suspected of being sold out of the homes.
John Simmons said police caused extensive damage to the boarding home, breaking doors, destroying furniture and causing smoke bomb damage and disarray in tenants' bedrooms; and that the lawsuit was related to the property damage claims. Simmons said no arrests were made during the raid.
Allan Marain, an attorney for the Simmonses, said "there were circumstances in this case" he believed precluded him from commenting further on the matter. "I don't think this is a case where it would do my client any good to be giving out information," he said.
About a month before the raid, the boarding home had been the target of complaints by members of a borough community group, Pressing Our Elected Officials to Protect Our Living Environment, according to previously published reports.
Members said they were concerned their quality of life was slipping because the borough was not taking a strong enough stance against lax property owners, absentee landlords and illegal immigrants. The borough delayed issuing a boarding home license to Simmons because of complaints of loads of trash on the six-room boarding house property.
Before the raid, Simmons said, her family had been operating the home for 30 years with no problems, according to the reports.
Manalapan Police Chief Stuart Brown said the township this month entered into a settlement agreement with two of the complainants and was "very close" to settling with a third. The settlement was likely the recommendation of a department insurance company, according to Brown, and he said he did not know the settlement award amount.
The township's K-9 officers had been called in as mutual aid on the raid, Brown added.
Lt. Waddell and Captain James Lasky of Freehold Township Police said they did not know their municipalities' statuses regarding the lawsuit.
The Simmonses' legal complaints and other related court documents were sealed as of Friday. Court officials said Superior Court Judge Terence Flynn had sealed the case, and that Assignment Judge Lawrence Lawson in Freehold and Assignment Judge Vincent Grasso in Toms River planned to confer about what portions of the case could be made public.
Two other related claims by another boarding home family and a neighbor also were sealed, according to court administrators.
The case was transferred to Ocean County in September because of a conflict — the wife of a party involved in the lawsuit also is the secretary of a Monmouth County judge, according to documents on file at state Superior Court in Monmouth County.
This story includes material from previous Press stories.
www.app.com/article/20081221/NEWS01/812210356/1285/LOCAL09
FREEHOLD — A Freehold couple's lawsuit against more than 20 officers in the borough, Freehold Township, Manalapan and the State Police after a raid of their boarding home here is ongoing in state Superior Court in Ocean County, officials said.
Attorneys, police and court officials stayed mum Friday about the details of the case, filed by Armatrue, 75, and John Simmons, 70, of Freehold. But Freehold police Lt. Mark Waddell said the lawsuit revolves around a March 3, 2004, raid at the Simmonses' boarding home at 33 Lockwood Ave.
At least 14 of the involved officers were borough police, said Waddell, who also is a named defendant. Waddell said a "do not knock" search warrant had been obtained for the rooming house and a neighboring single-family home for alleged distribution of controlled dangerous substances. State Police conducted the entry into the home, according to Waddell, and local police conducted the subsequent search.
He said he did "not believe anything was located" in the search and did not know what drugs were suspected of being sold out of the homes.
John Simmons said police caused extensive damage to the boarding home, breaking doors, destroying furniture and causing smoke bomb damage and disarray in tenants' bedrooms; and that the lawsuit was related to the property damage claims. Simmons said no arrests were made during the raid.
Allan Marain, an attorney for the Simmonses, said "there were circumstances in this case" he believed precluded him from commenting further on the matter. "I don't think this is a case where it would do my client any good to be giving out information," he said.
About a month before the raid, the boarding home had been the target of complaints by members of a borough community group, Pressing Our Elected Officials to Protect Our Living Environment, according to previously published reports.
Members said they were concerned their quality of life was slipping because the borough was not taking a strong enough stance against lax property owners, absentee landlords and illegal immigrants. The borough delayed issuing a boarding home license to Simmons because of complaints of loads of trash on the six-room boarding house property.
Before the raid, Simmons said, her family had been operating the home for 30 years with no problems, according to the reports.
Manalapan Police Chief Stuart Brown said the township this month entered into a settlement agreement with two of the complainants and was "very close" to settling with a third. The settlement was likely the recommendation of a department insurance company, according to Brown, and he said he did not know the settlement award amount.
The township's K-9 officers had been called in as mutual aid on the raid, Brown added.
Lt. Waddell and Captain James Lasky of Freehold Township Police said they did not know their municipalities' statuses regarding the lawsuit.
The Simmonses' legal complaints and other related court documents were sealed as of Friday. Court officials said Superior Court Judge Terence Flynn had sealed the case, and that Assignment Judge Lawrence Lawson in Freehold and Assignment Judge Vincent Grasso in Toms River planned to confer about what portions of the case could be made public.
Two other related claims by another boarding home family and a neighbor also were sealed, according to court administrators.
The case was transferred to Ocean County in September because of a conflict — the wife of a party involved in the lawsuit also is the secretary of a Monmouth County judge, according to documents on file at state Superior Court in Monmouth County.
This story includes material from previous Press stories.
