Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 1 of 111 of 11 Lennox S. Hinds, Esq. Stevens, Hinds & White, P.C. 42 Van Doren Avenue Somerset, NJ 07887 732 873 3096 116 W. 111 th Street New York, NY 10026 212 864 4445 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY HERBERT STEVENSON Plaintiff v. TOWNSHIP OF EAST BRUNSWICK, EAST BRUNSWICK SCHOOL DISTRICT, EAST BRUNSWICK POLICE OFFICER CARRUTH, EAST BRUNSWICK P.O. CONWAY, EAST BRUNSWICK HIGH SCHOOL ASSISTANT PRINCIPAL VINELLA, EAST BRUNSWICK HIGH SCHOOL STAFF MEMBER BORDEN Dkt. No. COMPLAINT AND JURY DEMAND Defendant Herbert Stevenson, by his attorney, Lennox S. Hinds, Stevens, Hinds & White, PC, complaining of the Defendants, avers: PRELIMINARY STATEMENT 1. This is an action for violation of civil rights of a young man who was at the time of the events a high school senior at East Brunswick High School. He sues over an unjustified and unprovoked violent battery by a police officer, while the remaining defendant
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 2 of 211 of 11 government actors looked on and did nothing to protect his rights, and who allowed the conspiracy to cover up this battery to go forward. The assailant police officer also briefly took plaintiff into custody and then released him after a further assault. JURISDICTION 2. This Court has subject matter jurisdiction over this action to vindicate Plaintiff s civil rights pursuant to 28 U.S.C. 1343. VENUE 3. Venue is properly laid in the District of New Jersey, where the events complained of took place and where all or some of the Defendants reside. PARTIES 4. Plaintiff, Herbert Stevenson, is a citizen of the United States and resident of New Jersey. He is a person of color, of West African national origin. 5. Defendant TOWNSHIP OF EAST BRUNSWICK was and is the employer of Defendant police officers, one of whom assaulted Plaintiff Herbert Stevenson, and the other of whom looked on during the battery and neither at that time nor subsequently took steps to protect Herbert Stevenson. or vindicate his civil rights. of Upon information and belief, the TOWNSHIP OF EAST BRUNSWICK has taken no steps to investigate this battery nor to discipline the police officers involved in perpetrating and witnessing it. 6. Defendant EAST BRUNSWICK POLICE OFFICER CARRUTH was at all times mentioned herein, and upon information and belief still is, an employee of the TOWNSHIP OF EAST BRUNSWICK in its police department. At all times mentioned herein, he acted within the scope of his employment, and under color of law. 7. Defendant EAST BRUNSWICK POLICE OFFICER CONWAY was at all times
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 3 of 311 of 11 mentioned herein, and upon information and belief still is, an employee of the TOWNSHIP OF EAST BRUNSWICK in its police department. At all times mentioned herein, he acted within the scope of his employment, and under color of law. 8. Defendant EAST BRUNSWICK SCHOOL DISTRICT was at all times mentioned herein a public school district providing educational services to the elementary and high school students residing in the TOWNSHIP OF EAST BRUNSWICK, including Herbert Stevenson. 9. Defendant Assistant Principal VINELLA was at all times mentioned herein an Assistant Principal in the employ of Defendant EAST BRUNSWICK SCHOOL DISTRICT. At all times mentioned herein, he acted within the scope of his employment, and under color of law. 10. Defendant BORDEN was at all times mentioned herein a staff member in the employ of Defendant EAST BRUNSWICK SCHOOL DISTRICT. At all times mentioned herein, he acted within the scope of his employment, and under color of law. FACTS 11. On or about May 24, 2005, Plaintiff Herbert Stevenson, got into an argument in the hallway of Defendant EAST BRUNSWICK SCHOOL DISTRICT with another high school student. 12. Herbert Stevenson, acting on the direction of a school employee, went to the office of Defendant Assistant Principal VINELLA, and sat down there. 13. A few minutes later, Defendant BORDEN escorted the other student into the room, and the other student sat down next to Herbert Stevenson. The two began talking, and worked out their problem through talk.
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 4 of 411 of 11 14. About five minutes later, Defendant VINELLA came into his office with two uniformed EAST BRUNSWICK police officers, Defendants CARRUTH and CONWAY. 15. Defendant CARRUTH ordered Plaintiff to move to a seat farther from the other student. 16. Plaintiff explained to Defendant CARRUTH that he and the other student were talking out their disagreement and working out the problem that they had had. 17. Defendant CARRUTH nevertheless insisted that Plaintiff to move away from the other student. 18. Plaintiff and the other student continued talking. 19. Defendant CARRUTH, upon observing this, threatened Plaintiff with arrest if he didn t shut up. 20. Plaintiff asked what he was doing wrong that could lead to his arrest. 21. Defendant CARRUTH grabbed Plaintiff by the right arm and repeatedly slammed Plaintiff against a metal filing cabinet. 22. Plaintiff asked Defendant CARRUTH why Defendant was doing this to him, but got no verbal response. 23. Plaintiff called out for help to stop Defendant CARRUTH from abusing him. 24. Defendant CARRUTH then told Plaintiff he was under arrest, and tightly handcuffed him, and pulled him out of the school building. 25. Defendants CONWAY, VINELLA and BORDEN observed these violations of Plaintiff s person and rights, but did nothing to prevent or protest them. 26. At no time did Defendants CONWAY, VINELLA or BORDEN report Defendant CARRUTH s misconduct to the East Brunswick Police Department or to any other
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 5 of 511 of 11 authorities. 27. Defendant CARRUTH, after bringing Plaintiff outside, slammed his body against the police car. 28. Defendant CARRUTH then went through the pockets of Plaintiff s clothing, searching him. 29. Defendant CARRUTH demanded to know where Plaintiff had been born. 30. Plaintiff answered Defendant CARRUTH s questions, and asked to be allowed to call his mother. 31. Defendant CARRUTH then released Plaintiff. AS A FIRST CAUSE OF ACTION 32. The acts of Defendant CARRUTH and the failure to act of Defendants CONWAY, VINELLA and BORDEN violated Plaintiff s right to be free of the unnecessary use of force by a state actor, and to be free of unreasonable searches and seizures, guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution. 33. Plaintiff sustained physical injuries and was emotionally traumatized by the conduct Defendant CARRUTH and by the acquiescence of Defendants CONWAY, VINELLA or BORDEN in this conduct. 34. Defendants actions give rise to a claim for compensatory and punitive damages pursuant to 42 U.S.C. 1983 against these defendants. AS A SECOND CAUSE OF ACTION 35. Plaintiff repeats and realleges as if stated here in full 1-34 of this Complaint. 36. Defendant CARRUTH s illegal battery and arrest of Plaintiff were in retaliation for Plaintiff s exercise of protected First Amendment rights to question Defendant CARRUTH s
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 6 of 611 of 11 demands of him and conduct. 37. The acts of Defendant CARRUTH and the failure to act of Defendants CONWAY, VINELLA and BORDEN violated Plaintiff s right to be free of forcible retaliation by a state actor for his exercise of protected First Amendment rights, guaranteed by the First and Fourteenth Amendments to the United States Constitution. 38. Defendants actions give rise to a claim for compensatory and punitive damages pursuant to 42 U.S.C. 1983 against these defendants. As a Third Cause of Action 39. Plaintiff repeats and realleges as if stated here in full 1-38 of this Complaint. 40. Defendant CARRUTH acted with an animus against Plaintiff based upon Plaintiff s race, and west African national origin. 41. Defendant CARRUTH s actions and the failure to act of Defendants CONWAY, VINELLA and BORDEN violated Plaintiff s right to equal protection of the law guaranteed by the Fourteenth Amendment to the United States Constitution. 42. Defendants actions and failures to act give rise to a claim for compensatory and punitive damages pursuant to 42 U.S.C. 1983. As a Fourth Cause of Action 43. Plaintiff repeats and realleges as if stated here in full 1-42 of this Complaint 44. Defendants CARRUTH and CONWAY engaged in a conspiracy to violate Plaintiff s rights based upon Plaintiff s race and African nationality and to cover up this violation. 45. The actions and failures to act of Defendants CARRUTH and CONWAY give rise to a claim for compensatory and punitive damages pursuant to 42 U.S.C. 1985. As a Fifth Cause of Action
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 7 of 711 of 11 46. Plaintiff repeats and realleges as if stated here in full 1-45 of this Complaint. 47. Defendants VINELLA and BORDEN were government actors who knew of the racially motivated conspiracy by Defendants CARRUTH and CONWAY with an obligation to prevent the carrying out of the conspiracy to violate Plaintiff s based upon Plaintiff s race and African nationality and to cover up this violation. 48. Defendants VINELLA and BORDEN failed to act to prevent the carrying out of the racially motivated conspiracy. 49. The actions and failures to act of Defendants VINELLA and BORDEN give rise to a claim for compensatory and punitive damages pursuant to 42 U.S.C. 1986. 50. Plaintiff s time to bring his claim under 42 U.S.C. 1986 was tolled while he was under the disability of being a minor, and is therefore timely. As a Sixth Cause of Action 51. Plaintiff repeats and realleges as if stated here in full 1-50 of this Complaint. 52. Defendants acts and failure to act deprived Plaintiff of the same rights as are accorded to white citizens, in violation of 42 U.S.C. 1981. 53. The actions and failures to act of Defendants give rise to a claim for compensatory and punitive damages. As a Seventh Cause of Action 54. Plaintiff repeats and realleges as if stated here in full 1-53 of this Complaint. 55. The acts and failures to act of Defendants CARRUTH and CONWAY were proximately caused and contributed to by the policies of the Defendant TOWNSHIP OF EAST BRUNSWICK, through its police policy makers, of failing to adequately screen for employment, train, supervise, and discipline police officers employees, to prevent incidents
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 8 of 811 of 11 such as this. 56. Defendant TOWNSHIP OF EAST BRUNSWICK learned of the allegations of Plaintiff s complaint, if not earlier, at the time of the filing of a notice of claim on Plaintiff s behalf in August, 2005. 57. Defendant TOWNSHIP OF EAST BRUNSWICK failed to adequately investigate the allegations contained in Plaintiff s notice of claim, nor to take steps to discipline the police officers involved. 58. By its failure to take steps to discipline the police officers involved in the violation of Plaintiff s rights, or to engage in a serious investigation of the allegations made on behalf of Plaintiff, the TOWNSHIP OF EAST BRUNSWICK ratified the conduct of defendant police officers which violated Plaintiff s rights. 59. Defendant TOWNSHIP OF EAST BRUNSWICK is liable pursuant to 42 U.S.C. 1983 for its policies which caused and contributed to the denial of Plaintiff s rights, and for its ratification of the deprivation of Plaintiff s rights, giving rise to a claim for compensatory damages pursuant to 42 U.S. C. 1981 and 1983. As an Eighth Cause of Action 60. Plaintiff repeats and realleges as if stated here in full 1-59 of this Complaint. 61. The acts and failures to act of Defendants VINELLA and BORDEN were proximately caused and contributed to by the policies of the Defendant EAST BRUNSWICK SCHOOL DISTRICT, through its policy makers, of failing to adequately screen for employment, train, and supervise employees, to prevent them from acquiescing in and maintaining their silence about incidents such as this. 62. Defendant EAST BRUNSWICK SCHOOL DISTRICT is liable pursuant to 42 U.S.C.
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 9 of 911 of 11 1983 for its policies which caused and contributed to the denial of Plaintiff s rights, giving rise to a claim for compensatory damages pursuant to 42 U.S. C. 1981 and 1983. As a Ninth Cause of Action 63. Plaintiff repeats and realleges as if stated here in full 1-62 of this Complaint. 64. At all times mentioned herein Defendant EAST BRUNSWICK SCHOOL DISTRICT has been a recipient of federal funds. 65. Defendant EAST BRUNSWICK SCHOOL DISTRICT, by the acts of its employees, Defendants VINELLA and BORDEN, and by the acts of Defendants CARRUTH and CONWAY, who became its agents by virtue of being brought onto school property to deal with a school disciplinary matter, deprived Plaintiff of an equal educational opportunity on the basis of his race and national origin. 66. The acts and failures to act of Defendant EAST BRUNSWICK SCHOOL DISTRICT give rise to liability for compensatory damages pursuant to 42 U.S.C. 2000d, Title VI of the Civil Rights Act of 1964. As a Tenth Cause of Action 67. Plaintiff repeats and realleges as if stated here in full 1-66 of this Complaint. 68. Defendants are government agencies and employees of government agencies who and which were obligated not to discriminate against Plaintiff on the basis of his race or national origin. 69. The acts and failure to act of Defendants give rise to a cause of action in favor of Plaintiff against them under the New Jersey Law Against Discrimination. As an Eleventh Cause of Action
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 10 of 1011 of 11 70. Plaintiff repeats and realleges as if stated here in full 1-69 of this Complaint 71. The acts of Defendant Carruth which constituted a battery and which was acquiesced in by Defendant Conway, by not preventing it or arresting Defendant Carruth, and by Defendants Vinella and Borden by not reporting it to the authorities when they had an obligation to do so, makes these defendants liable for the injuries inflicted on Plaintiff. 72. A timely notice of claim was filed on behalf of Plaintiff against the Township of East Brunswick, which was received and reviewed by the claims processing agency which upon information and belief also receives and reviews claims against the Defendant East Brunswick School District. As a Twelfth Cause of Action 73. The acts of Defendant Carruth, which constituted false imprisonment and which was acquiesced in by Defendant Conway, by not preventing it or arresting Defendant Carruth, and by Defendants Vinella and Borden by not reporting it to the authorities when they had an obligation to do so, makes these defendants liable for the injuries inflicted on Plaintiff. 74. A timely notice of claim was filed on behalf of Plaintiff against the Township of East Brunswick, which was received and reviewed by the claims processing agency which upon information and belief also receives and reviews claims against the Defendant East Brunswick School District. Wherefore, Plaintiff demands judgment against Defendants jointly and severally for compensatory damages in an amount to be determined by the trier of fact, and for punitive damages against each Defendant and on each cause of action for which an award of punitive damages lies in law, in an amount to be determined by the trier of fact, together
Case Case 3:07-cv-02314-JAP-JJH 1:33-av-00001 Document Document 939 1 Filed Filed 05/16/2007 Page Page 11 of 11 11 of 11 with an award of reasonable attorneys fees and the costs of this action. JURY DEMAND A trial by jury is hereby demanded on all issues triable by jury. Yours, etc. Lennox S. Hinds Stevens, Hinds & White, PC Attorneys for Plaintiff
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