ALFRED CISTARO, SUPERIOR COURT OF NEW JERSEY LAW DIVISION MONMOUTH COUNTY DOCKET NO. 1_40, 61- CIVIL ACTION

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1 Stuart J. Alterman, Esquire Attorney ID No Kurt David Raatzs, Esquire Attorney ID No Alterman & Associates, LLC 8 South Maple Avenue Marlton, NJ Phone: (856) Fax: (856) V',0iNAGE C'N't avit.:-;1:.':in 043 ALFRED CISTARO, v. CITY OF LONG BRANCH, ALFONSE MUOLO, PETER ANTONUCCI, THOMAS SHEA, and JOHN OR JANE DOES #1-25, fictitiously named persons or entities whose identities are not yet known to Plaintiff and who unlawfully took the adverse employment action against the Plaintiff which is the subject of this action, SUPERIOR COURT OF NEW JERSEY LAW DIVISION MONMOUTH COUNTY DOCKET NO. 1_40, 61- CIVIL ACTION COMPLAINT AND JURY DEMAND Defendants. Plaintiff Alfred Cistaro, by way of Complaint against Defendants City of Long Branch, Alfonse Muolo, Peter Antonucci, Thomas Shea, and John or Jane Does #1-25, hereby states: PARTIES 1. Plaintiff Alfred Cistaro is a natural person residing at 40 Coolidge Place, West Long Branch, New Jersey. 1 Plaintiff is and, at all times relevant to this matter, was an officer in Defendant City of Long Branch's Division of Police ("Police"). 1

2 3. At all times relevant to this matter, Plaintiff was the president of the Long Branch Patrolmen's Benevolent Association, commonly abbreviated as Long Branch P.B.A. ("P.B.A.") 4. Defendant City of Long Branch ("City") is a city organized pursuant to the laws of the State of New Jersey and situated in Monmouth County, with a principal business address of 344 Broadway, Long Branch, New Jersey. 5. Defendant Alfonse Muolo is a natural person. At all times relevant to this matter, Defendant Muolo was Defendant City's Public Safety Director. 6. Defendant Peter Antonucci is a natural person. At all times relevant to this mater, Defendant Antonucci was a Captain in Defendant City's Police 7. Defendant John Shea is a natural person who is and, at all times relevant to this matter, was a Lieutenant in Defendant City's Police. At all times relevant to this matter, Defendant Shea was the head of the Defendant City's Police Internal Affairs division. 8. Defendants John or Jane Does #1-25 are fictitiously named persons or entities whose identities are not yet known to Plaintiff and who unlawfully took the adverse employment action against the Plaintiff which is the subject of this action, FACTS 9. On December 16, 2012, Officer Cistaro and Defendant Shea responded to a riot situation at the Cabana Club at 310 Ocean Avenue in Long Branch. 10. In the course of the response to the riot situation, Defendant Shea assaulted Officer Cistaro. 2

3 11. After the situation was under control, Defendant Shea approached Officer Cistaro and yelled "I am writing you up and I will make it stick" and "I don't care if you are the P.E.A. president." 12. Officer Cistaro immediately reported Defendant Shea's assault of him to Defendant Antonucci, to Sergeant Fernando Sanders, his immediate supervisor that evening, and to Sergeant Josh Bard, the watch commander for his shift that evening. 13, On February 28, 2013 Officer Cistaro reported the assault to the Monmouth County Office of the Prosecutor ("Prosecutor"),. 14. Before Officer Cistaro finished meeting with Prosecutor, Defendant City, by and through the individual Defendants, took Officer Cistaro off duty on an unpaid basis. 15. Defendant City's stated reason for taking Officer Cistaro off duty was his lookup of a license plate on one occasion. Defendant City's stated reason is a pretext. 16. Defendant City did not discipline Defendant Shea for assaulting Officer Cistaro. 17. To this day, Officer Cistaro remains off duty on an unpaid basis. COUNT I RETALIATION IN VIOLATION OF CONSCil,NTIOUS EMPLOYEE PROTECTION ACT, ada,a, 34:19-1 EL SE0 * ("CEPA") (asserted against Defendant City) 18. Officer Cistaro hereby incorporates and restates the allegations contained in the preceding paragraphs as if set forth at length herein. 19. Defendant City took Officer Cistaro off duty on an unpaid basis because Officer Cistaro engaged in activity protected by the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et. seq. ("CEPA"), in violation of said Act. 3

4 20. As a result of Defendant City's unlawful conduct, Officer Cistaro has been subjected to economic loss and job detriment. 21. As a result of Defendant City's unlawful conduct, Officer Cistaro has been subjected to mental anguish, anxiety, stress, humiliation, embarrassment, and pain and suffering. WHEREFORE, Plaintiff demands the following damages and relief: a. Judgment in favor of the Plaintiff and against Defendant City; b. Compensatory damages; c. Punitive damages; d. Pre-Judgment interest; e. Attorneys fees; f. Costs of suit; and g. Such additional relief as this Court deems just and equitable. COUNT U AIDING AND ABETTING RETALIATION IN VIOLATION OF CEPA (asserted against individual Defendants) 22. Officer Cistaro hereby incorporates and restates the allegations contained in the preceding paragraphs as if set forth at length herein. 23. The individual Defendants aided and abetted Defendant City's unlawful retaliation against Officer Cistaro, in violation of CEPA. 24. As a result of this unlawful conduct on the part of the individual Defendants, Officer Cistaro has been subjected to economic loss and job detriment. 25. As a result of this unlawful conduct on the part of the individual Defendants, Officer Cistaro has been subjected to mental anguish, anxiety, stress, humiliation, embarrassment, and pain and suffering. 4

5 WHEREFORE, Plaintiff demands the following damages and relief: a. Judgment in favor of the Plaintiff and against the individual Defendants; b. Compensatory damages; c. Pi itive damages; d. Pre-Judgment interest; e. Attorneys fees; f. Costs of suit; and g. Such additional relief as this Court deems just and equitable. COUNT III DISCRIMINATION IN VIOLATION OF NEW JERSEY EMPLOYER- EMPLOYEE RELATIONS ACT, N,J.S.A. 34:13-Al ET, SEQ. ("NJEERA") (asserted against all Defendants) 26. Officer Cistaro hereby incorporates and restates the allegations contained in the preceding paragraphs as if set forth at length herein. 27. In taking Officer Cistaro off duty on an unpaid basis, Defendants discriminated against Officer Cistaro in regard to the tenure, terms and/or conditions of his employment on the basis of his position and activities as the president of the P.B.A., in violation of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13-Al et. seq. ("NJEERA"). 28. In taking Officer Cistaro off duty on an unpaid basis, Defendants discouraged Officer Cistaro in the exercise of rights guaranteed to him by the NJEERA, in violation of the NJEERA. 29. As a result of Defendants' unlawful conduct, Officer Cistaro has been subjected to economic loss and job detriment. 5

6 30. As a result of Defendants' unlawful conduct, Officer Cistaro has been subjected to mental anguish, anxiety, stress, humiliation, embarrassment, and pain and suffering. WHEREFORE, Plaintiff demands the following damages and relief: a. Judgment in favor of the Plaintiff and against Defendants; b. Reinstatement; c. Restoration of status quo; d. Compensatory damages; e. Punitive damages; f. Pre-Judgment interest; g. Attorneys fees; h. Costs of suit; and i. Such additional relief as this Court deems just and equitable. COUNT IV INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (asserted against all Defendants) 31. Officer Cistaro hereby incorporates and restates the allegations contained in the preceding paragraphs as if set forth at length herein. 32. The aforementioned conduct of Defendants was intentional and outrageous. 33. As a result of Defendants' intentional and outrageous conduct, Officer Cistaro has been subjected to severe emotional distress. WHEREFORE, Plaintiff demands the following damages and relief: a. Judgment in favor of the Plaintiff and against Defendants; b. Compensatory damages; c. Punitive damages; 6

7 d. Pre-Judgment interest; and e. Such additional relief as this Court deems just and equitable. Respectfully submitted, ALTERMAN & ASSOCIATES, LLC, By: mart 3. Alterman, E quire Kurt David Raatzs, Esquire Dated: December 12, 2013 CERTIFICATION PURSUANT TO RULE 4:5-1 I hereby certify that to the best of my information, knowledge and belief that the matter in controversy is not the subject of any other action pending in any court or of a pending arbitration proceeding, that no other action or arbitration proceeding is contemplated, and that I am not aware of any other person who should be joined in this matter. ALTERMAN & ASSOCIATES, LLC. Dated: December 12, 2013 B :.A! 1 /fr AMM. Stu. Alterman, Esquire Kurt David Raatzs, Esquire 7

8 DESIGNATION OF TRIAL COUNSEL PURSUANT TO MLLE 4:25-4 Stuart J. Alterman, Esquire is hereby designated as trial counsel in this matter. ALTERMAN & ASSOCIATES, LLC. By: Stuart 3. Alterman, quire Kurt David Raatzs, Esquire Dated: December 12, 2013 DEMAND FOR TRIAL BY JURY PURSUANT TO RUE 4:354 Plaintiff hereby demands a jury trial on all issues and claims for which trial by jury is permitted. ALTERMAN & ASSOCIATES, LLC. By: Stuart I. Alterman, Es Kurt David Raatzs, Esquire Dated: December 12,

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11 Stuart J. Alterman, Esquire (Of Counsel) Attorney ID No Matthew R. Dempsky, Esquire (On Brief) Attorney ID No Alterman & Associates, LLC 8 South Maple Avenue Marlton, NJ Phone: (856) Fax: (856) ALFRED CISTARO, v. Plaintiff, CITY OF LONG BRANCH, ALFONSE MUOLO, PETER ANTONUCCI, THOMAS SHEA, and JOHN OR JANE DOES #1-25, fictitiously named persons or entities whose identities are not yet known to Plaintiff and who unlawfully took the adverse employment action against the Plaintiff which is the subject of this action, SUPERIOR COURT OF NEW JERSEY LAW DIVISION MONMOUTH COUNTY DOCKET NO. L CIVIL ACTION ORDER TO REINSTATE THE COMPLAINT PURSUANT TO RULE 1:13-7(a) Defendants. THIS MATTER having been opened to the Court on the Motion of Alterman & Associates, attorneys for the Plaintiff, and the Court having considered the application and papers submitted herewith, and for good cause shown; It is on this day of, 20 I 4, ORDERED that Plaintiff's Complaint is hereby Reinstated. It is further ORDERED that a copy of this Order be served upon the Defendant within days from the date of this Order. J. S.C.

12 Stuart J. Alterman, Esquire (Of Counsel) Attorney ID No Matthew R. Dempsky, Esquire (On Brief) Attorney ID No Alterman & Associates, LLC 8 South Maple Avenue Marlton, NJ Phone: (856) Fax: (856) ALFRED CISTARO, v. Plaintiff, CITY OF LONG BRANCH, ALFONSE MUOLO, PETER ANTONUCCI, THOMAS SHEA, and JOHN OR JANE DOES #1-25, fictitiously named persons or entities whose identities are not yet known to Plaintiff and who unlawfully took the adverse employment action against the Plaintiff which is the subject of this action, SUPERIOR COURT OF NEW JERSEY LAW DIVISION MONMOUTH COUNTY DOCKET NO. L CIVIL ACTION CERTIFICATION OF SERVICE Defendants. I, Maria Borroto, do hereby certify: 1. I am an administrative assistant in the law firm of Alterman & Associates, attorneys for the Plaintiff in the above captioned matter. 2. On July 29, 2014, I caused two copies of the Plaintiffs Motion to Reinstate the Appeal and supporting documents to be sent by regular mail to Kathy Schmelz, Municipal Clerk for the City of Long Branch. I 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. Date: July 29, 2014 Maria Borroto