UNITED STATES DISTRICT COURT STATE OF NEW JERSEY. Plaintiff(s),

Transcription

1 08/27/ :58 FAX DiFrancesco Bateman CU 0002/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 1 of 27 PagelD: 1263 Attorney (s ) NICHOLAS MARTINO, JR. Attorney for Plaintiff 7 Embry Farm Road Marlboro, New Jersey (732) TALEB AHMED, UNITED STATES DISTRICT COURT STATE OF NEW JERSEY -against- Plaintiff(s), TOWNSHIP OF EDISON, EDISON TOWNSHIP POLICE DEPARTMENT, PATROLMAN T. HAMER, individually and in his official capacity as a Police Officer; PATROLMAN DOTRO, individually and in his official capacity as a Police Officer; PATROLMAN COFORTE, individually and in his official capacity as a Police Officer; and, SGT. J. GERBA, individually and in his official capacity as a Police Officer; and, "JOHN DOES 1-10" first and last name being fictitious and representing unnamed Police Officers, Defendant(s). 08-cv ES-CLW JURY TRIAL DEMANDED SECOND AMENDED COMPLAINT Plaintiff, Taleb Ahmed, by his attorney, Nicholas Martino, Jr., does hereby complain of the defendants and allege the following upon information and belief and at all times herein relevant. VENUE AND JURISDICTION 1. This action is brought pursuant to 42 U.S.C. Sections 1981, 1983, 1985, 1986 and 1988, the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, as well as under New Jersey State tort law and New Jersey State Constitution for pendent state causes of action. 2. Jurisdiction is founded in the District Court pursuant

2 08/27/ :59 FAX DiFrancesco Bateman U0003/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 2 of 27 PagelD: 1264 to 28 U.S.C. 1331; and, this is a Civil action arising under 42 U.S.C. Sections 1981, 1983, 1985, 1986 and 1988, and under the Constitution and the laws of the United States. 3. Venue is properly laid in this district under 28 U.S.C. Section 1391(b), this being the judicial district in which the events giving rise to the claim occurred. PARTIES 4. Plaintiff, Taleb Ahmed, was and is a resident of Middlesex County, City and State of New Jersey. 5. Defendant, Township of Edison, was and is a municipal corporation duly incorporated under the laws of the State of New Jersey. 6. Defendant, Edison Township Police Department, was and is a Police Department duly formed under the laws of the State of New Jersey. 7. Defendant, Patrolman T. Hamer, was at all times relevant hereto, employed by the Township of Edison and/or the Edison Township Police Department. 8. Defendant, Patrolman Dotro, was at all times relevant hereto, employed by the Township of Edison and/or the Edison Township Police Department. 9. Defendant, Patrolman Corforte, was at all times relevant hereto, employed by the Township of Edison and/or the Edison Township Police Department. 10. Defendant, Sgt. J. Gerba, was at all times relevant hereto, employed by the Township of Edison and/or the Edison Township Police Department.

3 08/27/ :59 FAX DiFrancesco Bateman [20004/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 3 of 27 PagelD: Defendant, "John Does 1-10," first and last name being fictitious and representing unnamed Police Officers of Edison Township Police Department, were at all times relevant hereto, employed by the Township of Edison and/or the Edison Township Police Department. 12. Defendants, Township of Edison and/or Edison Township Police Department, at all times relevant hereto, were responsible for the hiring, training, supervision, discipline, retention, firing and promotion of the police officers, sergeants, detectives and the defendants herein. 13. At all times hereinafter mentioned, the defendants herein, are hereby being sued individually and in their official capacity as Police Officers and were acting under the color of state law pursuant to the statutes, Constitution, ordinances, regulations, policies, and customs of the State of New Jersey and under the United States Constitution. FACTS 14. On or about September 11, 2007, at approximately 2:00 a.m., at or near Foyer Street, Edison, New Jersey, plaintiff, Taleb Ahmed, was falsely arrested, violently assaulted and brutally beaten, hit with a weapon, pushed into the ground, and held in jail by the defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba,"John Does 1-10," unknown Edison Township Police Officers. Thereafter, Mr. Ahmed was charged with and maliciously prosecuted for N.J.S.A. 2C:29-1 and N.J.S.A. 2C:29-2A by the defendants. Thereafter, the charges were brought before a Grand Jury in an attempt at obtaining a

4 08/27/ :59 FAX DiFrancesco Bateman 1 j0005/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 4 of 27 PagelD: 1266 criminal indictment against Mr. Ahmed. However, the Grand Jury returned a "No Bill." Such actions, by the defendant Police Officers, constituted excessive force and directly violated plaintiff, Taleb Ahmed's, State and Federal, Civil and Constitutional Rights, including, but not limited to, 42 U.S.C. Sections 1981,--1983, , and 1988,- the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, as well as under New Jersey State tort law and New Jersey State Constitution for pendent state causes of action. 15. The defendants' actions described herein were performed under color of state law and in violation of Mr. Ahmed's Civil and Constitutional Rights. 16. It is further alleged that said defendants acted without provocation and without probable cause. 17. Furthermore, Mr. Ahmed was denied necessary medical treatment by the defendants herein following the aforementioned violent attack and subsequent incarceration. 18. As a result of the excessive force, assault and battery, and violent attack by the defendants herein, Mr. Ahmed was caused to sustain serious and permanent injury, including, but not limited to, permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, depression, anxiety, humiliation and fear.

5 08/27/ :00 FAX DiFrancesco Bateman 0006/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 5 of 27 PagelD: 1267 As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to,be falsely arrested, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, loss of reputation, suffer embarrassment and _ humiliation, defamation of character, loss of properties and deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF 19. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "18" with the same force and affect as though more fully set forth herein at length. 20. That on or about September 11, 2007, the defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba, and "John Does 1-10," unknown Edison Township Police Officers involved in the subject incident, were acting as individuals and in their capacity as employees, agents and/or servants for the defendant, Township of Edison. 21. That on or about September 11, 2007, the defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba and "John Does 1-10," unknown Edison Township Police Officers involved in the subject incident, were acting in their capacity as individuals and employees, agents and/or servants for the defendant, Edison Township Police Department.

6 08/27/ :00 FAX DiFrancesco Bateman U0007/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 6 of 27 PagelD: That on or about September 11, 2007, the defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba and "John Does 1-10," unknown Edison Township Police Officers involved in the subject incident, were acting as individuals and in their official capacity as Police Officers. 23. That said occurrence and resulting injuries to plaintiff, Taleb Ahmed, occurred without any fault or wrongdoing on the part of the plaintiff contributing thereto. 24. That the aforementioned occurrence constituted an assault and battery upon the plaintiff, Taleb Ahmed. 25. That the defendants herein acted without provocation and without probable cause. 26. That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain, permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, emotional distress, anxiety, depression, humiliation and fear. As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, loss of reputation, suffer embarrassment and humiliation, defamation of character, loss of properties and

7 08/27/ :00 FAX DiFrancesco Bateman 2n0008/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 7 of 27 PagelD: 1269 deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 27. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus_costs, disbursements, attorney's fees, and -- - interest. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF 28. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "27" with the same force and affect as though more fully set forth herein at length. 29. The defendants herein subjected the plaintiff, Taleb Ahmed, to false arrest, false imprisonment, malicious prosecution and deprivation of his liberty as a result of their illegal acts. 30. That on or about September 11, 2007, in the State of New Jersey, Township of Edison, the defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba, falsely, unlawfully and wrongfully arrested and imprisoned the plaintiff herein and deprived him of his liberty without due process of law. 31. That the defendants herein acted without probable cause to arrest the plaintiff herein. 32. That as a result of the defendants' actions herein, the plaintiff, Mr. Ahmed, was falsely arrested and falsely imprisoned and maliciously prosecuted for crimes he did not commit.

8 08/27/ :01 FAX DiFrancesco Bateman a0009/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 8 of 27 PagelD: That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain, permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, emotional distress, anxiety, depression, humiliation and fear. As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, falsely imprisoned, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, humiliation, destruction of his reputation, incur substantial legal fees, loss of properties and deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 34. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF 35. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "34" with the same force and affect as though more fully set forth herein at length.

9 08/27/ :01 FAX DiFrancesco Bateman a 0010/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 9 of 27 PagelD: That on or about September 11, 2007, in the Township of Edison, the defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba, maliciously contrived and intended to injure the plaintiff's good name and to bring him into public disgrace and scandal, then with force and arms, arrested plaintiff, compelling him to enter a police vehicle wherein he was taken to the police precinct and thereafter they restrained him in a cell for a period of two days, without the consent or permission of the plaintiff herein and against the laws of the State of New Jersey and the United States Constitutions. 37. That the defendants have continued to maliciously prosecute the plaintiff herein for crimes that he did not commit. 38. The defendants herein, intentionally and deliberately violated the plaintiff's Civil Rights under the New Jersey State and United States Constitutions and, intentionally and deliberately continued to prosecute the plaintiff despite knowing there was insufficient evidence to obtain a conviction. 39. By reason of the above, the plaintiff was and has been greatly injured in his reputation and has been brought into public scandal, disgrace and humiliation and was obliged to spend large sums of money to defend himself and to manifest his innocence of these charges and was greatly injured and prevented from attending and transacting his usual and customary affairs and business. 40. That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive

10 08/27/ :02 FAX DiFrancesco Bateman al0011/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 10 of 27 PagelD: 1272 force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain, permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, emotional distress, anxiety, depression, humiliation and fear. As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, falsely imprisoned, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, humiliation, destruction of his reputation, incur substantial legal fees, loss of properties and deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 41. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest. AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 42. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered wl" through "41" with the same force and affect as though more fully set forth herein at length. 43. The defendants, Township of Edison and Edison Township Police Department, knew or should have known of the defendant

11 08/27/ :02 FAX DiFrancesco Bateman /0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 11 of 27 PagelD: 1273 Police Officers' Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba, propensity to engage in the illegal, unconstitutional and wrongful acts detailed and described herein. 44. Upon information and belief, the defendants have in the past falsely arrested individuals, committed unconstitutional, illegal and unlawful actions against individuals and, solicited and prosecuted individuals improperly and allowed Police Officers in the past to make false entries in official Police Department records and to cover up and conceal this type of behavior. 45. The defendants, Township of Edison and Edison Township Police Department, have failed to take the steps to discipline, train, supervise or otherwise correct the improper, unconstitutional and illegal conduct of the defendant police officers. 46. The defendants, Township of Edison and Edison Township Police Department, have damaged the plaintiff by their failure to properly supervise, train, discipline, review, remove and/or correct the illegal and improper acts of the defendants herein. As the employers of the defendant police officers, the Township of Edison and Edison Township Police Department, are liable for the damages suffered by the plaintiff, Taleb Ahmed, and as a result of the unlawful, illegal and unconstitutional conduct of the defendant police officers. 47. As a direct result of the defendants, Township of Edison's and Edison Township Police Department's, failure to train, discipline, and/or remove the defendant police officers,

12 08/27/ :02 FAX DiFrancesco Bateman a0013/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 12 of 27 PagelD: 1274 and evaluate the personalities and prior acts of the defendant police officers, the aforementioned incident occurred and the plaintiff suffered severe physical, emotional, mental pain, lost earnings and loss of enjoyment of life. 48. That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain, permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, emotional distress, anxiety, depression, humiliation and fear As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, loss of reputation, suffer embarrassment and humiliation, defamation of character, loss of properties and deprivation of his physical liberty, and deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 49. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest.

13 08/27/ :03 FAX DiFrancesco Bateman 00014/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 13 of 27 PagelD: 1275 AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 50. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "49" with the same force and affect as though more fully set forth herein at length. 51. Plaintiff's Constitutional and Civil Rights to be free from deprivation of liberty and unreasonable seizures without due process of law, protected under 42 U.S.C. Sections 1983 and 1985, were violated by the defendants' actions herein. 52. The allegations alleged above deprived the plaintiff of the following rights under the United States and the New Jersey Constitutions: a violation under the Fourth, Fifth and Fourteenth Amendment of the United States Constitution to be free from a deprivation of liberty without due process of law; a violation under the Fourth Amendment against unreasonable seizures; freedom from summary punishment; freedom from illegal and unlawful acts by the defendant police officers acting under color of state law; freedom from false arrests, false imprisonment, and malicious prosecution. 53. That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain, permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches,

14 08/27/ :03 FAX DiFrancesco Bateman U0015/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 14 of 27 PagelD: 1276 emotional distress, anxiety, depression, humiliation and fear. As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, loss of reputation, suffer embarrassment and humiliation, defamation of character, loss of properties and deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 54. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest. AS AND FOR A SIXTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 55. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "54" with the same force and affect as though more fully set forth herein at length. 56. The aforementioned actions of the defendants in depriving the plaintiff of his Constitutional and Civil Rights as performed with malice and/or a reckless disregard of the plaintiff's Civil Rights. 57. The defendants, Township of Edison and Edison Township Police Department, by and through the actions of the defendant Police Officers, failed to maintain an adequate system of review of actions, such as those described herein, by the defendant

15 08/27/ :04 FAX DiFrancesco Bateman U0016/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 15 of 27 PagelD: 1277 Police Officers, which systems failed to identify instances of unconstitutional and illegal behavior, false arrests, false imprisonment, malicious prosecution or, to discipline, more closely supervise, and/or retrain officers who in fact act improperly and use illegal and unlawful actions. 58. The defendants, Township of Edison and Edison Township Police Department, have a systematic deficiency, policy, custom, and pattern which includes, but is not limited to: a) failure to properly investigate such reports and complaints designed to insulate, protect and vindicate police officers, regardless of whether such actions are justified, illegal or unlawful; b) failure to prepare investigative reports which critically evaluate the actions of the police officers involved in these prior instances; c) failure to fully investigate complaints by citizens; and, d) failure to maintain records to be used to properly dissipate and evaluate the acts and behaviors of its' police officers. e) failure to maintain records of complaints regarding prior and proper and illegally behavior by its' police officers. 59. That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain,

16 08/27/ :04 FAX DiFrancesco Bateman U0017/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 16 of 27 PagelD: 1278 permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, emotional distress, anxiety, depression, humiliation and fear. As a direct and proximate result of the acts of the - defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, loss of reputation, suffer embarrassment and humiliation, defamation of character, loss of properties and deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 60. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest. AS AND FOR A SEVENTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 61. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered 11 1" through "60" with the same force and affect as though more fully set forth herein at length. 62. The defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba, failed to properly follow the proper arrest rules, regulations and procedures as mandated by the United States and New Jersey State Constitutions, including but not limited to, failing to obtain probable cause

17 08/27/ :04 FAX DiFrancesco Bateman a0018/0028 Case 2:08-cv ES-CLW Document 90 Filed 06129/12 Page 17 of 27 PagelD: 1279 prior to arresting and imprisoning the plaintiff herein. 63. The defendants herein violated plaintiff's United States Constitutional civil rights and New Jersey State Civil Rights against unlawful seizures and imprisonment of the plaintiff's person. 64. As a result of the aforementioned acts, plaintiff's Civil Rights were violated under the New York State and United States Constitutions and 42 U.S.C. Sections 1981, 1983, and That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain, permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, emotional distress, anxiety, depression, humiliation and fear. As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, loss of reputation, suffer embarrassment and humiliation, defamation of character, loss of properties and deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions.

18 08/27/ :05 FAX DiFrancesco Bateman U0019/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 18 of 27 PagelD: That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest. AS AND FOR A EIGHTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 67. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "66" with the same force and affect as though more fully set forth herein at length. 68. The action of the defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba, were performed intentionally and deliberately to injure the plaintiff and such acts were reckless. 69. The action of the defendants herein were performed intentionally and deliberately to injure the plaintiff and such acts were excessive force and unnecessary. 70. That the actions of the defendants herein were unprovoked by the plaintiff and were performed with the intent and deliberate nature to injure the plaintiff herein. 71. Such acts were wanton, reckless, intentional and deliberately designed to injure the plaintiff herein. 72. The defendants herein, despite their knowledge of the unconstitutional and illegal seizures made by the defendant Police officers, continued to falsely arrest, falsely imprisoned, maliciously prosecuted the plaintiff herein. 73. Such acts were wanton, reckless, intentional and deliberately designed to injure the plaintiff herein.

19 08/27/ :05 FAX DiFrancesco Bateman ZO020/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 19 of 27 PagelD: That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain, permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, emotional distress, anxiety, depression, humiliation and fear. As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, loss of reputation, suffer embarrassment and humiliation, defamation of character, loss of properties and deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 75. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest. AS AND FOR AN NINTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 76. Plaintiff repeats and reiterates and realleges each and every allegation contained,in paragraphs numbered "1" through 1'75" with the same force and affect as though more fully set forth herein at length.

20 08/27/ :05 FAX DiFrancesco Bateman 80021/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 20 of 27 PagelD: Upon information and belief, the defendants, the Township of Edison and Edison Township Police Department, authorized, tolerated and institutionalized the practices, customs, policies and usages stated herein and approved the misconduct, illegal and unlawful acts described herein by: a) failing to properly instruct, discipline, restrict, control and supervise its employees, including the defendants herein, known to be irresponsible in the dealings with citizens in the community; b) failing to take adequate precautions in hiring, assigning and retaining the defendant Police Officers herein; c) failing to forward to the Edison Township Municipal or Middlesex County Prosecutor's Office evidence of the criminal acts of the defendant police officers herein; d) by encouraging the Police Officers to act in unlawful and illegal manner; e) failing to establish a functioning and bonafide and meaningful departmental system for dealing with complaints regarding police misconduct; f) by tacitly approving and condoning such prior police misconduct giving rise to liability under Title 42 U.S.C. Section 1983, which also constitutes reckless and wanton behavior and intentional and illegal behavior by the police officers herein; g) by failing to discipline, train, retrain and to prosecute prior illegal and unlawful acts by the police officers h) by maintaining a policy of deliberate indifference to such behavior and actions in the past;

21 08/27/ :06 FAX DiFrancesco Bateman 00022/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 21 of 27 PagelD: 1283 i) by allowing, condoning and/or permitting the establishment or perpetuation of these policies, customs, practices and usages, including the deliberate indifference to the rights of the residents and citizens, particularly the plaintiff herein. 78. Upon information and belief, the defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba, conducted themselves in an intentional and deliberate and wanton manner by recklessly and deliberately violating the plaintiff's Civil and Constitutional Rights herein and by falsely arresting, falsely imprisoning and maliciously prosecuting the plaintiff herein. 79. That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain, permanent facial scarring, facial lacerations, fractured nose, fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, emotional distress, anxiety, depression, humiliation and fear. As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, loss of reputation, suffer embarrassment and humiliation, defamation of character, loss of properties and

22 08/27/ :06 FAX DiFrancesco Bateman /0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 22 of 27 PagelD: 1284 deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 80. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest. AS AND FOR AN TENTH CAUSE OF ACTION ON BEHALF OF PLAINT/FP 81. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "80" with the same force and affect as though more fully set forth herein at length. 82. That the plaintiff, Taleb Ahmed, is of Middle Eastern ethnic background. 83. That the defendants, Patrolman T. Hamer; Patrolman Dotro; Patrolman Corforte; and, Sgt. J. Gerba's, actions and behavior was intentional, malicious and discriminatory. 84. That the defendants' arrest and prosecution of the plaintiff was discriminatory in nature as it was based upon the plaintiff's Middle Eastern ethnic heritage, in violation of Civil and Constitutional Rights and 42 U.S.C. Sections 1981 and That as a result of the aforementioned false arrest/false imprisonment and malicious prosecution, excessive force, battery, assault and violent beating, plaintiff, Taleb Ahmed, sustained at the hands of the defendants herein, he was caused to suffer and continues to experience physical pain, permanent facial scarring, facial lacerations, fractured nose,

23 08/27/ :07 FAX DiFrancesco Bateman 0024/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 23 of 27 PagelD: 1285 fractured hand, multiple contusions and abrasions on his body, laceration to his head, requiring staples, concussion, headaches, emotional distress, anxiety, depression, humiliation and fear. As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to be falsely arrested, maliciously prosecuted, caused to sustain mental suffering, anguish, psychological and emotional distress, loss of wages, loss of reputation, suffer embarrassment and humiliation, defamation of character, loss of properties and deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 86. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest. AS AND FOR AN ELEVENTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 87. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "86" with the same force and affect as though more fully set forth herein at length. 88. The aforementioned actions of the defendants herein were wanton, deliberate and intentional and designed to injure the plaintiff herein. 89. That the defendants actions should be punished and punitive damages should be awarded in the amount of Five Million Dollars ($5,000,000.00).

24 08/27/ :07 FAX DiFrancesco Bateman 10025/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 24 of 27 PagelD: 1286 AS AND FOR A TWELFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 90. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "89" with the same force and affect as though more fully set forth herein at length. 91. The aforementioned actions were deliberate and intentional and designed to injure the plaintiff herein. and The defendants actions violated 42 U.S.C. Sections That a result of the foregoing, plaintiff is entitled to receive attorney's fees, costs and disbursements pursuant to 42 U.S.C. Sections 1985 and AS AND FOR A THIRTEENTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF 94. Plaintiff repeats and reiterates and realleges each and every allegation contained in paragraphs numbered "1" through "93" with the same force and affect as though more fully set forth herein at length. 95. Additionally, on or about January 9, 2008, a number of unknown Edison Police Department Police Officers, arrived at the plaintiff, Taleb Ahmed's, home and, in an attempt to intimidate and harass the plaintiff, Taleb Ahmed, these unknown Edison Police Department Police Officers, repeatedly punched and kicked Mr. Ahmed's door and ordered him to come out of his house, without probable cause to arrest Mr. Ahmed and, without an arrest warrant or a search warrant. Furthermore, these unknown Edison

25 08/27/ :07 FAX DiFrancesco Bateman /0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 25 of 27 PagelD: 1287 Police Department Police Officers, opened and entered other structures on the plaintiff's premises without a search warrant or probable cause. 96. As a direct and proximate result of the acts of the defendants herein, plaintiff, Taleb Ahmed, was caused to sustain mental suffering, anguish, psychological and emotional distress, suffer embarrassment and humiliation, defamation of character, loss of properties and deprivation of his physical liberty, deprivation of his constitutional and civil rights under the United States and New Jersey State Constitutions. 97. That by reason of the foregoing plaintiff, Taleb Ahmed, was damaged in the amount of Five Million ($5,000,000.00) Dollars, plus costs, disbursements, attorney's fees, and interest. WHEREFORE, plaintiff demands judgment as follows: On the First Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Second Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Third Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Fourth Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars;

26 08/27/ :08 FAX DiFrancesco Bateman 1 j0027/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 26 of 27 PagelD: On the Fifth Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Sixth Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Seventh Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Eighth Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Ninth Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Tenth Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Eleventh Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Twelfth Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars; On the Thirteenth Cause of Action, compensatory damages, jointly and severally against all of the defendants, in the sum of Five Million ($5,000,000.00) Dollars;

27 08/27/ :08 FAX DiFrancesco Bateman Z0028/0028 Case 2:08-cv ES-CLW Document 90 Filed 06/29/12 Page 27 of 27 PagelD: 1289 Together with such other further relief, including, pursuant to 42 U.S.C. Section 1988, costs, disbursements and reasonable attorney's fees, and punitive damages in an amount which the court may deem just and proper. Dated: Staten Island, New York June 29, 2012 Yours, etc. NICHOLAS MARTINO, JR. Attorney for Plaintiff 7 Embry Farm Road Marlboro, New Jersey (732) By: NICHOLAS MARTINO, JR. (NSM 4118)

28 CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE (hereinafter "Agreement") is made this 16 th day of July, 2012, by and between Taleb Ahmed (hereinafter referred to as "Plaintiff"), and the Township of Edison and Edison Township Police Department, and the individual defendants, Patrolman Michael Dotro, Patrolman Theodore Hamer, Patrolman Peter Conforte and Sgt. Jason Gerba (hereinafter are referred to as "Defendants"). WHEREAS, Taleb Ahmed filed a civil action against Defendants entitled, Taleb Ahmed vs. Township of Edison and Edison Township Police Department, and the individual defendants, Patrolman Michael Dotro, Patrolman Theodore Hamer, Patrolman Peter Conforte and Sgt. Jason Gerba in the United States District Court, District of New Jersey, under Civil Action No. 2:08-CV-66-J-AGJ (hereinafter referred to as the "Lawsuit"); and WHEREAS, Defendants deny any liability with respect to all matters asserted by Plaintiff and deny that Ahmed is entitled to any relief on the asserted claims in the Lawsuit; and WHEREAS, the parties now wish fully and finally to compromise and settle the suit to avoid the further burden, expense, hardship, inconvenience and distraction of further litigation and/or appeal between them; and WHEREAS, the Plaintiff and Township of Edison hereto have reached a settlement agreement to fully and finally resolve all claims among them relating to this incident, including those asserted in the Lawsuit; and prejudice; and WHEREAS, Plaintiff has dismissed any and all claims against the individual defendants with WHEREAS, the parties have agreed to settle in full all claims Plaintiff has or may have against Defendants relating to this incident, including, but not limited to, all claims that were or could have been raised in the Lawsuit; and

29 WHEREAS, as a consequence of this settlement, all parties and all claims will be dismissed with prejudice. NOW, IN CONSIDERATION of the payment to Plaintiff on behalf of the Township of Edison only provided for by this Agreement, and other good and valuable consideration and the promises and covenants contained herein, the receipt and sufficiency of which the parties acknowledge, the parties do hereby agree as follows: 1. In full and complete satisfaction of all claims as more fully pled in the complaint and filed in the Lawsuit entitled, Taleb Ahmed vs. Township of Edison and Edison Township Police Department, and the individual. defendants, Patrolman Michael Dotro. Patrolman Theodore Hamer. Patrolman Peter Conforte and Sgt. Jason Gerba in the United States District Court, District of New Jersey, under Civil Action No. 2:08-CV-66-j-AGJ Defendants will have issued a check made payable to Nicholas Martino, Esq., in Trust for Taleb Ahmed (Tax ID No.: ) in the amount of $27,500.00, inclusive. 2. Defendants make no representations regarding the federal or state tax consequences of the payments referred to above and shall not be responsible for any tax liability, interest or penalty incurred by Plaintiff, which in any way arises out of or is related to said payments. Plaintiff agrees to pay any amount that may be determined to be due and owing as taxes, interest and penalties arising out of the payment referred to herein should it be determined that all or part of such payments constitute gross income to Plaintiff, within the meaning of the Internal Revenue Code of 1986, as amended, or under any other federal, state or local statute or ordinance. 3. Parties hereby release and forever discharge each other, their present and former affiliates, subsidiaries, parents, owners, partners, officers, directors, shareholders, agents, attorneys, employees, former employees, representatives, insurers and reinsurers, and third party administrators, and all of their successors and assigns, from any and all actions, causes of action, suits, claims, charges or complaints, known or unknown, which parties, may have, or claim to have against each other for everything that has occurred up to the date of the signing of this Agreement relating to this incident Plaintiff acknowledges

30 that this is a General Release for matters relating to this incident and includes but is not limited to claims set forth in the Lawsuit. Plaintiff hereby expressly waives and releases any and all claims or rights relating to this incident arising under any federal or state constitution, statute or law; Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991; the New Jersey Law Against Discrimination (LAD); the New Jersey Civil Rights Act; the Equal Pay Act of 1963; the New Jersey Equal Pay Act; the Civil Rights Acts of 1866 and 1871; the Americans with Disabilities Act; the Family and Medical Leave Act; the New jersey Family and Medical Leave Act; the Rehabilitation Act of 1973; the Fair Labor Standard Act; the Age Discrimination in Employment Act; the Employee Retirement Income Security Act; the Occupational Safety and Health Act; the Constitution of the State of New Jersey; the Constitution of the United States; the New Jersey Family Leave Act; the New Jersey Conscientious Employee Protection Act; the New Jersey Workers Compensation Law; the New Jersey Wage and Hour Law; the New Jersey Civil Rights Act; the Consumer Protection Act of 1968; the Immigration Reform and Control Act of 1986; the Nation Labor Relations Act; the Worker Adjustment and Retraining Notification Act; the Employee Polygraph Protection Act of 1988; the Fair Credit Reporting Act; the Uniformed Services Employment and Reemployment Rights Act; the Sarbanes-Oxley Act; the New Jersey Statutes Annotated "Voting Rights" provision, "Reemployment of Military Personnel," "Polygraph," "Jury Duty," "Convictions," "Lie Detector Tests," "Medical Coverage Continuation," "Garnishment," "Tobacco Outside Workplace," "Workers Compensation Retaliation," "Genetic Information;" all claims arising under any Executive Order and any claims derived from or based upon any federal or state regulation; all common-law claims including, but not limited to, public policy violation, whistle blower retaliation, breach of an express or implied contract, breach of an implied covenant of good faith and fair dealing, defamation, fraud, misrepresentation, negligence, tortious interference with contract or prospective economic advantage, false arrest, false imprisonment, conspiracy, assault, battery, excessive force, malicious prosecution, retaliation or retaliatory action, abuse of process, refusal to file complaints or denial of access to the courts, gender discrimination, intentional or negligent infliction of emotional distress, negligent or intentional -3-

31 misrepresentation; all claims for any economic loss including back wages, front pay, overtime pay, fringe benefits, or any other form of compensation; all claims for personal injury, including mental anguish, humiliation, pain and suffering, emotional distress, damage to name or reputation or any other form of compensatory or punitive damages, and all claims for costs and attorneys' fees and any and all other claims however denominated, regardless of legal theory or operative facts; any claims relating to any disciplinary matter; and any and all claims for economic and punitive damages, and all fees, costs or other expenses incurred by Plaintiffs in pursuit of any claim against Defendants and the Non-Settling Defendants. This Settlement Agreement and Release includes all claims relating to this incident, known or unknown, for anything that has occurred up to and including the date of this Agreement. 4. Plaintiff and Defendants stipulate and agree that they will authorize their attorneys to execute a Stipulation of Dismissal of the Lawsuit with prejudice in the form attached hereto as Exhibit A. Each Party will bear its or his or her own costs and attorneys' fees. 5. It is specifically understood and agreed that the amount paid under this Agreement includes all attorney's fees and costs to which Taleb Ahmed and/or his attorneys may be entitled and the settlement sum is specifically inclusive of all attorney's fees and costs. Plaintiff understands that by executing this Agreement, he releases and waives any claim and/or right to attorney's fees and expenses in connection with this Lawsuit. Neither Taleb Ahmed, nor Nicholas Martino, Esq., nor anyone acting on their behalf, shall make an application for any additional monies in addition to the amount set forth in Paragraph 1 as those amounts are included in the total payment being made herein. 6. Pursuant to N.J.S.A. 2A: (b), Plaintiff understands and agrees that the settlement amount referenced in Paragraph 1, will not be released until such time as his attorneys provide Counsel for Defendants with a certified copy of a Child Support Judgment Search, performed by a private judgment search company, reflecting that Taleb Ahmed is a child support judgment debtor. Plaintiff further understands and agrees that in the event it is revealed that Plaintiff is a child support judgment debtor, he will not receive any of the proceeds of the settlement until all aspects of the above referenced statute are -4-