.JAh : Plaintiff Salah Williams, residir,g at 129 Chancellor Avenue in the City of Newark,

Transcription

1 .. RANDY P. DAVENPORT, ESQ. Attorney-At-Law 50 Park Place, Suite 825 Newark, New Jersey (973) * Fax (973) Attorney for Plaintiff, Salah Williams rndavennortaaacom SALAH WILLIAMS, Plaintiff(s).JAh : 2016 :SUPERIOR COURT-OF.NEW JERSEY :ESSEX COUNTY -LAW DIVIISON :DOCKET NO.: ES k) CIVIL ACTION STATE OF NEW JERSEY, STATE OF NEW : JERSEY DIVISION OF STATE POLICE, : GERALD DELLAGICOMA, individually and in: his officially capacity, DAVID VALENTE, individually and in his officially capacity, DENNIS WHITE, individually and his officially : capacity, JOHN DOES 1 through 10, individually and in their officially capacity : ROBERT DOES 1 through 10, individually and : in their official capacity, Jane Does lthrough 10, individually and in their official capacity and : ABC ENTITIES 1 through 10, COMPAINT AND JURY DEMAND Defendant(s) C I i Plaintiff Salah Williams, residir,g at 129 Chancellor Avenue in the City of Newark, County of Essex and State of New Jersey by way of complaint against Defendants says: COUNT ONE VIOLATION OF CIVIL RIGHTS I. John Does 1. through 10 a: the time alleged are citizens of the State of New Jersey and were employed by the New Jersey Division of State Police. 2. Robert Does 1 through 10 at the time alleged are citizens of the State of New Jersey and were employed by the New Jersey Division of State Police as supervising officers.

2 3. John Does 1 through 10 are fictitious names of individuals who aided and abetted and/or conspired and/or acted to deprive Plaintiff of his civil rights. 4. Robert Does 1 through 10 are fictitious names of individuals who aided and abetted and/or conspired and/or acted to deprive Plaintiff of his civil rights. 5. ABC Entities 1 through 10 are fictitious name of governmental entities that aided and abetted and/or conspired and/or acted to deprive Plaintiff of his civil rights. 6. Jane Does 1 through 10 are fictitious names of lay individuals of individuals employed by governmental entities who aided and abetted and/or conspired and/or acted to deprive Plaintiff of his civil rights. 7. The State of New Jersey is a body politic organized under the laws of the United States of America. The State of New Jersey's principal place of business is 125 West State Street, Trenton, New Jersey. 8. The New Jersey Division of State Police is a political subdivision of the State of New Jersey organization under the laws of the State of New Jersey, whose principle place of business is River Road, West Trenton, New Jersey. 9. Defendants Gerald Dellagicoma, David Valente and Dennis White were, at all times relevant hereto, troopers of the State of New Jersey Division of State. Mall times relevant hereto, Dennis White was a supervising officer who had supervisory authority over Defendant troopers Dellagicoma and Valente and failed to properly supervise said troopers and/or conspired with Defendants Dellagicoma, and Valente to violate Plaintiff's civil rights. 10. Plaintiff Salah Williams is African-American male. On January 29, 2008, Plaintiff was walking near his carpet store in the area of 421 Chancellor Avenue, in the city of Newark, New Jersey 11. At that time he was approached and stopped by Defendant troopers Gerald Dellagicoma and David Valente of the New Jersey Division of State Police.

3 12. The Defendant troopers had no basis to stop and/or detain Plaintiff. When the Defendant troopers detained Plaintiff they proceeded to physically assault Plaintiff and raced him for no reason at all. 13. As a result of the actions of Defendant Troopers, Plaintiff sustained serious and permanent injury, was hospitalized and wongfully incarcerated. 14. The actions of Defendant. Trooper(s) violated the rights of Plaintiff as guaranteed by the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution, the New Jersey Constitution and 42 U.S.C. Sections 1983, 1985 and 1986 for which the defendants are individually liable. 15. As a result of being assaulted by Defendant, troopers Plaintiff sustained serious and permanent injuries and sought medical treatment at a local hospital. 16. In any attempt to cover-up their illegal detention and unjustified assault of Plaintiff, Defendant troopers conspired together and filed false criminal charges against Plaintiff. 17. Said false charges were eventually dismissed. 18. Defendant Trooper(s) have engaged in a pattern or practice of violating the civil rights of New Jersey's residents. In spite of this fact, the State of New Jersey and Division of State Police have allowed Defendant Trooper(s) to remain on the police force and have encouraged, condoned and/or ignored the illegal activity of Defendant Trooper(s). WHEREFORE, Plaintiff, SALAH WILLIAMS requests judgment against Defendants for damages, together with attorney fees and costs of suit and any other and further relief as the Court may deem proper and just.

4 COUNT TWO VIOLATION OF CIVIL RIGHTS 1. Plaintiffs incorporates herein by reference the allegations contained in Count One as though the same were fully set forth at length herein. 2. The intentional assault of upon Plaintiff by Defendants Trooper(s) because Plaintiff is an African-American, was done with actual malice toward Plaintiff and with willful and wanton indifference to and deliberate disregard for the constitutional rights of Plaintiff. Plaintiff is therefore entitled to exemplary damages. WHEREFORE, Plaintiff requests judgment against Defendants for damages, together with attorney fees and costs of suit and any other and further relief as the Court may deem proper and just. COUNT THREE VIOLATION OF CONSTITUTIONAL RIGHTS 1. Plaintiffs incorporates herein by reference the allegations contained in Counts One through Two as though the same were fully set forth at length herein. 2. It was the policy and practice of the Defendants State of New Jersey and Division of State Police to authorize certain officers, including the Defendant Trooper(s) to use excessive force in the arrests of minority males who fit a certain profile. This policy and practice of the Defendants State of New Jersey and Division of State Police encouraged and caused constitutional violations by troopers of the State of New Jersey and Division of State Police including the violation of Plaintiff's constitutional rights by Defendant Trooper(s) described in the foregoing paragraphs. 3. At all times pertinent hereto, defendant Robert Does 1 through 10, and other unknown supervisors who supervised the officers who unlawfully violated Plaintiff's rights, encouraged and tolerated the policies and practices described in the foregoing paragraphs.

5 4. Defendants Robert Does 1 through 10 failed to adequately train, supervise, and/or control defendant officers so as to prevent the violation of the Fourth, Fifth and Fourteenth Amendments to the United States Constitution, the New Jersey State Constitution, and 42 U.S.C. 1983, 1985 and At all times pertinent hereto, Defendant Detective(s) John Does 1 through 10 were acting within the scope of their employment and pursuant to the aforementioned policies and practices which were enforced by Defendants State of New Jersey and Division of State Police and Robert Does 1 through 10 are therefore liable for the violation of Plaintiffs constitutional rights by Defendants. WHEREFORE, Plaintiff requests judgment against Defendants for damages, together with attorney fees and costs of suit and other further relief as the Court may deem proper and just. COUNT FOUR CONSPIRACY TO VIOLATE CIVIL RIGHTS I. Plaintiff incorporates herein by reference the allegations contained in Counts One through Three as though the same were filly set forth at length herein. 2. Defendant Detective(s), John Does 1 through 10, Robert Does 1 through 10, ABC Entities 1 through 10 and Jane Does I through 10 conspired to violate Plaintiff's right to equal protection of laws as more fully described in the foregoing paragraphs because Plaintiff is an African-American in violation of 42 U.S.C. 1983, 1985, and 1986, for which Defendants are individually liable. WHEREFORE, Plaintiff requests judgment against Defendants for damages, together with attorney fees and costs of suit and any other and further relief as the Court may deem proper and just.

6 COUNT FIVE CONSPIRACY TO VIOLATE CIVIL RIGHTS. Plaintiff incorporates herein by reference the allegations contained in Counts One through Four as though the same were fully set forth at length herein. 2. Defendants State of New Jersey and Division of State of Police having knowledge that Defendant Trooper(s), Joe Does though 10, Robert Does 1 through 10, ABC Entity 1 through 10 and Jane Does I through 10 conspired to violate the Plaintiff's civil rights because he is an African-American, and having power to prevent through its agents and assigns the violations of civil rights refused to do so in violation of 42 U.S. Sec. 1983, 1985 and 1986 for which the Defendants is liable. WHEREFORE, Plaintiff requests judgment against Defendants for damages, together with attorney fees and costs of suit and any other and further relief as the Court may deem proper and just. COUNT SIX RESPONDEAT SUPERIOR LIABILITY 1. Plaintiff incorporates herein by reference the allegations contained in Counts One through Five as though the same were fully set forth at length herein. 2. At all times pertinent hereto, Defendant Trooper(s), John Does 1 through 10 and Robert Does 1 through 10, were acting within the scope of their employment as Troopers of the State of New Jersey, Division of State Police. Jane Does 1 through 10 were acting with in the scope of their employment for ABC Entities 1 through The State of New Jersey Division of State Police and ABC Entities 1 through 10 are liable for compensatory damages under the doctrine of respondeat superior for the Civil rights violations of Defendant Troopers committed within the scope of their employment.

7 4. As a proximate result cf the, Plaintiff has sustained permanent injuries and has incurred medical bills and expenses. These injuries have caused and will continue to cause Plaintiff great pain and suffering, both mental, emotional and physical. WHEREFORE, Plaintiff requests judgment against Defendants for damages, together with attorney fees and costs of suit and any other and further relief as the Court may deem proper and just. (COUNT SEVEN RESPONDEAT SUPERIOR LIABILITY 1. Plaintiff incorporates herein by reference the allegations contained in Counts One through Six as though the same were fully set forth at length herein. 2. Defendants State of New Jersey and Division of State Police, through its agents, expressly authorized Defendant Trooper(s), John Does 1 through 10 and Robert Does 1 through 10 to use excessive force when the State of New Jersey. Division of State Police knew, through its agents, that the Defendant Trooper(s) had a propensity for committing intentional torts, using excessive force in the line of duty, and acquiesced in the Defendant's wrongful conduct. Plaintiff is thus entitled to exemplary damages against the State of New Jersey Division of State Police for the malicious conduct to Plaintiff. 3. As a proximate result Plaintiff has sustained permanent injuries and has incurred medical bills and expenses. These injuries have caused and will continue to cause Plaintiff great pain and suffering, both mental, emotional and physical. WHEREFORE, Plaintiff requests judgment against Defendants for damages, together with attorney fees and costs of suit and any other and further relief as the Court may deem proper and just.

8 COUNT EIGHT VIOLATION OF THE NEW JERSEY CIVIL RIGHTS ACT OF Plaintiff incorporates herein by reference the allegations contained in Counts One through Seven as though the same were fully set forth at length herein. 2. Defendants each of them, failed to adequately perform or negligently performed and official duty and/or conspired to violate Plaintiff's Civil rights as protected by the New Jersey Civil Rights Act of WHEREFORE, Plaintiff requests judgment against Qefendants_for_clainage.s...together with attorney fees and costs of suit and any other and further relief as the Court may deem proper and just. JURY DEMAND Plaintiff demands a jury trial on all issues so triable. DESIGNATION OF TRIAL COUNSEL, PLEASE TAKE NOTICE that Randy P. Davenport, Esq., is hereby designated as trial counsel. CERTIFICATION Pursuant to R. 4:5-1, I hereby certify that the matter in controversy is not the subject of any other action pending in court or a pending arbitration. I Imo of no other party who should be joined in this action. Dated: January 29, 2009 DY P. Atd - P Es I Attorney f Plaintiff alah Williams

9 SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE is made and entered into on this ~~~day of ~''~, 2013, by Salah Williams, (hereinafter known as ~~Releasor") and the State of New Jersey including all its departments, divisions, agencies, offices, officials, officers, employees and agents; the Office of the Attorney General of the State of New Jersey; the Department of Law and Public Safety, Division of State Police; Trooper Gerald Dellagicoma, Trooper David Valente and Trooper Dennis White (hereinafter known as "Releasees"). WHEREAS Releasor has asserted claims for damages in an action filed in the United States District Court entitled Salah Williams vs. State of New Jersey, State of New Jersey Division of State Police et als., Docket Number 2:10-cv-03478, arising out of an incident which occurred on January 29, 2008 on Chancellor Avenue in Newark, New Jersey; and WHEREAS Releasor alleged that both physical and emotional injuries arose out of those certain acts or omissions of Releasees as were specifically set forth in the complaint filed in the above-entitled action and sought money damages on account of those injuries; and WHEREAS this Agreement is intended to settle and release any and all claims of any nature whatsoever Releasor has, had or may have in the future, whether known or not, arising from that incident including, but not limited to, claims in any way relating to, harassment, denial of federal or state constitutional or common law

10 rights or privileges, loss of wages or any tether economic benefit or advantage, embarrassment, loss of enjoyment of life, temporary or permanent disability or physical or emotional injury of any type or nature, loss of companionship, advice or affection, medical expenses, attorneys fees and costs, or any claims for compensation of any kind, that in any way arise out of, or relate to acts, omissions, policies, practices or procedures of the Releasees; and NOW, for and in consideration of the agreements, covenants, and conditions herein contained, the adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties agree as follows: I. RELEASE AND DISCHARGE A. In consideration of a total payment of Six Thousand Dollars ($6, 000) to be paid by Releasees as hereinafter set forth, specifically on account of plaintiff's claims for physical or emotional injuries, pain, suffering, humiliation, embarrassment, loss of enjoyment of life, temporary or permanent disability, and employment and/or economic loss of any kind, Releasor releases, acquits.and forever discharges the Releasees. B. In consideration of FZeleasees paying the aforesaid sum to

11 the Releasor, it is agreed that this Settlement Agreement and Release extends to and includes without limitation all damages or claims of every kind, asserted or which could be asserted by plaintiff including constitutional, compensatory, exemplary, statutory, contractual, punitive or other damages occurring both in the past and which may occur in the future, including, but not limited to, mental anguish, pain and suffering, humiliation, embarrassment, mental illness, impairment and disability,' emotional injury, hospital a.nd medical expenses, educational and rehabilitation expenses, loss or reduction of earnings, loss or reduction of earning capacity, loss of employment opportunity, loss of benefits, loss of enjoyment of life and further complications which might arise out of or therefrom, and any claim for attorney's fees or costs, and any prejudgment or post judgment interests. (i) This Settlement Agreement and Release is expressly intended to extend to and include all claims and causes of action, whether known or unknown, which were asserted or which could have been asserted by Releasor against the Releasees or any of the Released Parties, or which might have been asserted at some time in the future by reason, in whole or in part, of later discovered facts or information, including, but not limited to, claims that have been er could be brought purse:ant to the New Jersey Civil Rights Act, the N.J. Law Against Discrimination, the N.J. Tort Claims Act, the N.J. State or Federal Consta.tution and/or the common law. This Settlement Agreement and Release is specifically intended to operate

12 and be applicable even if it is alleged, charged or proved that all or some of the claims being asserted and/or damages being sought are caused in whole or in part by the sole, concurrent, negligent, grossly negligent, or intentional act or omission of the Released Parties. (ii) This Release is extended to and does extend to.all claims for damages which exist both as of the date this Agreement is signed and those of which Releasor does not know or suspect to exist, whether through ignorance, oversight, error, negligence or otherwise, and which,,if known, would materially affect their decision to enter into this agreement. Releasor acknowledges and understands that he may have been caused damages that are unknown to Releasor at the present time. These issues were considered in the course of negotiations leading to this Agreement and Release and determined that the sum to be paid by the Releasees is fair and adequate compensation with due regard for such future possibilities. (iii) It is understood and agreed by Releasor that he is not required to settle this matter at this time and that he can continue to investigate this matter and continue the litigation, but Releasor voluntarily chooses to resolve the matter at this time by entering into this Agreement. Releasor and Releasees hereby agree ~.r~d ac~no~aledge that ar~y payments hereunder are made on accoun~ oz plaintiffs' claims for pain, suffering, embarrassment, humiliation, loss of enjoyment of life, emotional injury and damage, loss of

13 economic/emplaymen~ benefit and/or advantage of any kind and/or temporary and permanent disability. II. APPORTIONMENT OF PAYMENT A. As consideration for the promises, agreements, obligations, releases, representations and undertakings set forth in this Agreement, The Releasees shall pay to Salah Williams the sum of Six Thousand Dollars ($6,000). The Releasor further understands, acknowledges and agrees that all funds are paid hereunder by the Releasees and that Releasor is releasing all Releasees in this action which shall constitute separate consideration for the promise of the Releasees to make the payments hereunder. Acceptance of the payments made by Releasees to Releasor shall constitute separate consideration for the release of their claims against each and every other Releasee. This Release includes all claims for attorney's fees and costs. B. It is understood by the parties that all payments of all attorney's fees and costs incurred by counsel for Releasor, including any referral fees arising out of the sums described above, are not in addition to the settlement funds provided by the Releasees and that Releasor is solely responsible for the payment of -said fees and costs. Releasor shall hold harmless Releasees from any liens or third-party claims arising from, or relating to, the subject matter of the foregoing lawsuit including, but not limited to, any liens or claims for referral fees or attorney's fees, reimbursement for

14 medical treatment, state or federal tax liens of any kind, or any third-party liens or claims arising out of any worker's compensation claims. No portion of the proceeds paid under this Settlement Agreement and Release represent exemplary or punitive damages, nor prejudgment, nor post judgment interest, nor reimbursement for loss of compensation, wages, economic benefits, medical bills or expenses. C. The sums described above represent all of the consideration that the Releasees will ever be required to pay Releasor or any person or entity on account of the claim described above. Each party will bear its costs and fees and there will be no other fees or costs of any type,.including attorney's fees or other such fees, paid by the Released Parties. Taxable costs, if any, will be paid by the party incurring same. The Release shall extend to the Releasor, his successors and assigns and personal representatives. ITI. DENIAL OF LIABILITY It is understood and agreed that payment of the consideration described above is not an express or implied admission, in whole or in part, of any wrongdoing whether the sole, concurrent, negligent, grossly negligent, intentional act or omission of the Releasees or some or any of them. The Releasees expressly and specifically deny all claims and assert that the consideration paid herein is being paid in order to compromise disputed claims so that

15 the parties may forever avoid the expense, uncertainties, and hazards of litigation. IV. DISMISSAL WITH PREJUDICE In exchange for the consideration received by Releasor herein, he and/or his attorneys hereby agree that Releasees will be dismissed with prejudice and without costs from this action and in any other lawsuits pending in any court or tribunal brought by Releasor against any of the Released Parties regarding the events of January 29, Releasor will take the necessary actions and execute the necessary documents to effect such dismissals with prejudice. V. ENTIRE_AGREEMENT AND SUCCESSORS IN INTEREST This Settlement Agreement and Release contains the entire agreement between the Releasor and Releasees with regard to the matters set forth in it and shall be binding upon and inure to the benefit of Releasor's executor, administrator, personal representative, heirs, and successors. This Agreement shall be binding upon the successors and assigns of the Releasees. EXECUTED on~~~s ~~~day J~~~v~ 2013 Sa-lava Will AGREED TO AS TO FORM LAW OFFICES OF RANDY P. DAVENPORT, ESQ

16 STATE OF NEW JERSEY COUNTY OF ~~~ ss PERSONALLY CAME AND APPEARED BEFORE ME, the undersigned authority in and for the jurisdiction aforesaid, SALAH 6dILLIAMS who acknowledged to me that he signed and delivered the above and foregoing instrument on the day and year herein mentioned and for the intents and purposes therein set forth. Sworn to before me this c-~~'' day of ~Lt~.~ 2013 ~- No ary Public Ef~Za~,-C~Iit f~. ~o~t ~av1 1 Gs~, U