THE LAW OFFICE OF ROBERT B. WOODRUFF, P.C. 60 Washington Street Morristown,-NJ-07960 (973) 539-2600 Attorneys for Plaintiffs, Lisa Patton -",n" re, 2 " 2 Oct LISA PATTON, v. Plaintiff, SUPERIOR COURT OF NEW IIERSE'sir LAW DIVISION : WARREN COUNTY DOCKET NO.: t_ 5 z CIVIL ACTION TOWNSHIP OF BELVIDERE, MATTHEW SCOTT, individually and in his capacity as a Police Officer with the Township of Belvidere, FRANK TOOTLE, III, individually and in his capacity as a Police Officer with the Township of Belvidere COMPLAINT AND JURY DEMAND Defendants. Plaintiff Lisa Patton by way of Complaint against Defendants says: PARTIES 1. Plaintiff, Lisa Patton is a resident of the Township of Belvidere, Warren County, State of New Jersey. 2. The Township of Belvidere is a body politic organized under the Law of the State of -- New Jersey and as such is charged with funding, supervising -,-administering to and otherwise responsible for the policies and procedures of the Belvidere Police=Department. Any action or failure to act is done under color of law. 3. Matthew Scott is a Police Officer employed by the Township of Belvidere. He is sued individually and in his official capacity as a Law Enforcement Officer. He acted under color of law.
4. Frank Tootles, III is a Police Officer employed with the Township of Belvidere. He -is sued individually and in his official capacity as a Law Enforcement Officer.- He acted under color of law. CAUSE OF ACTION 5. On or about Thursday, February 10, 2011 Plaintiff Lisa Patton resided at 798 Oxford Street, Belvidere, New Jersey. Her son, Todd Richards also lived in her home. 6. Plaintiff's daughter Dana Richards did not reside with her mother, however, Plaintiff did possess prescription medication which she was holding for her daughter. Dana had a history of substance abuse and her mother monitored possession of the prescription drug doling it out as prescribed. This alleviated concerns that Dana would not comply with the prescription dosage and/or share same with others who had abuse issues. 7. Dana Richards sought from her mother the release of more of the prescription than should be allowed and complained to the Police of the circumstances. 8. Dana spoke with Defendants Tootle and Scott who advised that she could sign a complaint, She declined to do so. 9. Shortly thereafter Defendants came to Plaintiff's home seeking the release of the medication. Plaintiff refused to give up the prescription and expressed her reasons including her concern with her daughter's substance abuse. 10. At this time Plaintiff's son Todd was present and he advised the Defendants that his sister had her dose for the day and that he was concerned his sister would exchange the pills with other drug abuses. Both Defendants acknowledged the drug issues in the Town. 11. Defendants left the premises and proceeded back to the Police Station and they attempted to find a criminal violation with which to charge Plaintiff. 2
1-1.1 1w Vl 1 1 VL 0I.00,-1 UL13U 12. Shortly thereafter absent an Arrest Warrant, a signed Complaint or Search Warrant the Defendants proceeded with Dana Richards to Plaintiff's home. 13. Upon arrival Defendants entered Plaintiffs home and ordered that she give her daughter the medication. 14. Dana reached into Plaintiffs pocket and took the medication and was then asked by the Defendants to leave the home. 15. The Plaintiff then walked into her bedroom. The Defendants remained in Plaintiffs home. 16. Thereafter, Plaintiff was advising the Defendants that their actions were not helping her daughter. Plaintiff walked towards her door and Defendant Tootle blocked her from the door. Plaintiff tapped Defendant Tootle on the shoulder whereupon she was immediately grabbed by Defendant Scott violently about the wrists. Defendant Tootle then rammed his elbow into Plaintiffs hip and again into her facial area. 17. Plaintiff was handcuffed and placed under arrest for assaulting a Police Officer. 18. Plaintiff was then dragged from her home in her bathrobe while she lost one of her shoes. She was thrown into a Police car. 19. She was taken to the Warren County Jail and handcuffed to a wall. 20. Plaintiff was caused to suffer physical injuries, bruising to the wrists, hand and face, 21. Defendant Township of Belvidere did fail to properly train individual Defendants in proper Police procedures 22. Defendants Tootle and Scott did together with the Belvidere Police Department violated Plaintiffs substantive and Procedural Due Process and protection and privileges and immunities secured by the Constitution of the State of New Jersey, in particular her 3
right to be free from unreasonable search and seizure to both her person and her property. Further Defendants did exercise the unlawful use of force upon Plaintiff and did further violate Plaintiff's rights in that they did falsely arrest and falsely imprison Plaintiff. 23. The above actions are violative of N.J.S.A. 10:6-1 the "New Jersey Civil Rights Act" and Defendants should be liable for same. WHEREFORE, Plaintiffs demand judgment against all Defendants jointly and severally or in the alternative for the following damages: a). Compensatory damages; b). Punitive damages; c). Fees and costs of suit pursuant to N.J,S.A. 10:6-2f; and d). Such other relief as the Court may deem appropriate. JURY DEMAND Plaintiff demands a trial by jury on all issues of the within Complaint. RULE 4:5-1 CERTIFICATION I hereby certify that the matter in controversy is not the subject of any other pending and/or contemplated action or pending and/or contemplated proceeding. I know of no other parties who should be joined in this action at this time. 4
DESIGNATION OF TRIAL COUNSEL Plaintiffs, Clarisa Lozada and Madissen Olmo, hereby designate Robert B. Woodruff as trial counsel in the above matter. Dated: December 19, 2011 LAW OFFICE OF ROBERT B. WOODRUFF, P.C. Attorneys for Plaintiff Stiii4f47 ROBERT B. WOODRUF 5 TOTAL P.020
5ETTLEMENT AGREEMENT AND RELEASE THIS RELEASE, dated Sept-tryi btr-, 2014, is given lathe Releasor LIS A PA T TON, referred to as "I", TO the Releasee(s) THE TOWNSHIP OF BELVIDERE, MATTHEW SCOTT, individually and in his capacity as a Police Officer with the Township of Belvidere FRANK TOOTLE. IN, thalividealiv and in his capacity as a Police Officer with the Township of Belvidere, referred to as "You'. I. Release. I release and give up any and all claims and rights which I may have against you. This releases all claims, including those of which I am not aware and those not mentioned in this Release. This Release applies to claims resulting from anything which has happened up to now. I specifically release the following claims: Any and all claims for personal injuries, lost wages, pain and suffering, punitive and general damages arising out of the allegations set forth in and the subject of a lawsuit filed in the Superior Court of New Jersey, Law Division, Warren County, bearing Docket No, WRN-L-52141.. It is expressly understood and agreed that the acceptance of said amount is in full accord and satisfaction and in compromise of all disputed claims and that the payment thereof is not an admission of liability on the part of Defendants and cannot be used as an admission against either party but is made for the purpose of terminating all disputes and litigation between theparties. 2. EaanaguL, The defendants have agreed to pay $45,000.00 to LISA PATT ON in full payment for making this Release Agreement. I agree that I will not seek anything further including any other payment from you. 3. Who is Bound. I am bound by this Release. Anyone who succeeds to my rights and responsibilities, such as my heirs or the executor of my estate, is also bound. This Release is made for your benefit and all who succeed to your rights and responsibilities, such as your heirs or the executor of your estate. 4. Signatures. I understand and agree to the terms of this Release. LISA PATTON
STATE OF NEW JERSEY ) ) SS.: COUNTY OF SUSSEX ) I CERTIFY that on this et' day of, 2014, LISA PATTON personally came before me and acknowledged under oath, to my satisfaction,that this person: (a) Is named in and personally signed this document; and (b) Signed, sealed and delivered this document as his or her act and deed. -)orcdedi ( geuigui HEATHER E. CALHOUN A Notary Public of New Jersey My Commission Expires AUGUST 4, 201t, at Law of the State of New Jersey