ACLU-NJ News

Day 9: Williams v. City of Newark

Unlawful Search and Excessive Force
April 2008
$250,000

On July 19, 2001, Newark Police Department officers raided a home located at 137 Rose Terrace. In the course of the raid they threw a device into a sofa bed where plaintiff Lateesha Williams was sleeping. The device caused a fire, and the ensuing conflagration severely burned Ms. Williams and her two children. Ms. Williams brought suit (No. ESX-L-4970-03) against Newark and several officers—S. Galvano, Frank Rossi, John Kirk, Eric Brown, J. Byrd, K. Rubel, Joseph Watson, Oscar Davis, P. Bumalang and Joseph Penevolpe. In April 2008, the city authorized a settlement with Ms. Williams and her children in an amount not to exceed $250,000.

Note: None of Williams' allegations have been proven or disproven in court. While the parties freely agreed to settle this case, all that is known for sure is that Newark, for whatever reason, decided that it would rather pay Williams $250,000, rather than take the matter to trial. Perhaps the defendants' decision to settle was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases settle before trial—it is impossible to know the truth of what really happened—or what consequences, if any, came to the individuals accused in the suit.

Day 8: Robinson and Thorne v. City of Newark

False Arrest and Excessive Force
Settled December 2008
$30,000

In October 2003, Christina Robinson and Shalina Thorne and several family members had dinner at a Newark restaurant at 67 Ferry Street. When another patron began smoking, one of the diners had an asthma attack. A dispute with restaurant employees ensued, culminating in a Newark plainclothes detective, Antonio Rendiero, arresting Ms. Robinson and Ms. Thorne and using excessive force in doing so. No charges were ever filed. Ms. Robinson and Ms. Thorne brought a lawsuit (No. ESX-L-8227-05) which was settled in December 2008 with a payment of $30,000 by the City of Newark.

Detective Rendiero, whose badge number is 9276, has had at least five neglect of duty complaints brought against him during his service with the Newark Police Department. All five complaints known to the Petitioner have been sustained. At least one of those complaints led to a suspension.

Note: None of Robinson and Thorne's allegations have been proven or disproven in court. While the parties freely agreed to settle this case, all that is known for sure is that Newark, for whatever reason, decided that it would rather pay Robinson and Thorne $30,000, rather than take the matter to trial. Perhaps the defendants' decision to settle was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases settle before trial—it is impossible to know the truth of what really happened—or what consequences, if any, came to the individuals accused in the suit.

Day 7: Qualls v. City of Newark

Unlawful search, Excessive Force and False Arrest
Settled June 2010
$35,000

In 1999, Sharonda Qualls was called to testify in a homicide trial. She planned to offer testimony supporting the defendant's alibi. In an effort to intimidate her from testifying, an Essex County Sheriff's Detective stated he was going to pay a visit to her home in the Fourth Precinct and "knock down some doors." Despite the threat, she testified; the detective then repeated the threat after her testimony. The next day, an officer from the Newark Police Department (NPD) (an agency that regularly works with the Essex County Sheriff) obtained a search warrant for her home. One week later, after a mistrial was declared in the criminal case, 10-20 NPD officers raided her home on the basis of the then eight days old warrant which had been based on faulty information purportedly supplied by a confidential informant. During the raid, the officers involved ransacked Ms. Qualls' apartment, stole money and other property, and generally terrorized Ms. Qualls and her children. Ms. Qualls was also asked to submit to a body cavity search in the presence of male police officers. Despite this, she was never arrested or charged with any criminal conduct arising from this matter. Ms. Qualls commenced a federal suit (No. 01-cv-2680) against Newark, the Essex County Sheriff and the involved officers (who included NPD officers Willie Thomas, Stephanie Treadwell, Daryl Strickland, Gary Prystauk, Rocco Buglione and Julian Jova). In 2005, the City and some of the officers were dismissed as defendants; however, in June 2010, the case settled with the two remaining defendants. The City, on their behalf, made a $35,000 payment to Ms. Qualls.

Note: Except for the claims addressed in the motion to dismiss, none of Qualls' allegations have been proven or disproven in court. While the parties freely agreed to settle this case, all that is known for sure is that Newark, for whatever reason, decided that it would rather pay Qualls $35,000, rather than take the matter to trial. Perhaps the defendants' decision to settle was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases settle before trial—it is impossible to know the truth of what really happened—or what consequences, if any, came to the individuals accused in the suit.

Day 6: Burks v. City of Newark

False Arrest
Litigation Filed
January 2008

McKinley Burks claims, in a state lawsuit (No. ESX-L-361-08), that Newark Police Department (NPD) Officer Anderson C. Walker falsely arrested him on February 2, 2006 at the Mount Vernon School in Newark. The suit remains pending.

This case is not Officer Walker's first brush with the law. In 2001, Walker was given a 25-day suspension for "language, conduct in public and private, derogatory reference, public disparagement, and addressing the public" for an incident that occurred in July 1997. See http://www.state.nj.us/csc/msb/01/011218m.htm. Prior to that, he received a ten-day suspension for violating rules "governing conduct of police officers in public and private and the use of indecent language" for a 1995 incident. He also had four other prior suspensions. See Walker v. Newark Police Dept., No. CSV7655-99, http://lawlibrary.rutgers.edu/oal/html/initial/csv7655-99_1.html.

In addition, Officer Walker has an administrative complaint pending against him for the verbal and physical abuse of a citizen at Frelinghuysen and Foster Avenues on January 25, 2009. For some six hours, the citizen suffered Officer Walker's tirade of racial epithets and slurs about her sexual orientation, as she was also was pushed and groped.

Note: The claims against Walker have also not yet been proven or disproven in a court of law; at this time, they are simply allegations in a pending lawsuit or other legal document.

Day 5: Cal v. City of Newark

Excessive Force, Improper Conduct and Internal Affairs
Settled October 2009
$30,000

In October 2004, Newark Police Officer Arnold Borrero stopped a motorist, Sara Lesende, at the corner of Jefferson and Elm Streets, and became extremely agitated during the course of the stop, ultimately punching Ms. Lesende in the face and assaulting her. Officer Borrero then drew his weapon and pointed it at some bystanders, including Luis Cal, and threatened to shoot them. Both Ms. Lesende and Mr. Cal brought separate suits for the incident.

Mr. Cal's suit (No. ESX-L-8649-06) was filed in October 2006 and besides Officer Borrero, named Lillian Carpenter, Richard Cuccolo, Crystal Burroughs, Albert Cicalese, Anthony Ambrose, Irving Bradley and the officer bearing badge #6916. The complaint alleges that other defendants—Carpenter, Cuccolo, Burroughs, Cicalese, Ambrose, and Bradley—knew or should have known of Officer Borrero's extensive disciplinary history and despite this, allowed him to remain as an officer in the Newark Police Department without disciplining him for this or other incidents. On or about October 21, 2009, Mr. Cal's case settled for $30,000; Ms. Lesende's case remains pending.

What exactly was Officer Borrero's extensive disciplinary history? Federal Judge Debevoise explained it as follows in Ms. Lesende's case (Lesende v. Borrero, Civ. A. No. 06-4967 (D.N.J. May 19, 2010)): "Borrero's disciplinary record lists 45 internal affairs complaints resulting in the imposition of 15 penalties. In three separate matters, three Administrative Law Judges found that Borrero was not credible or made false statements. Borrero's record includes four excessive force allegations (none of which were sustained), a sustained false reporting complaint, and a sustained allegation of assisting an out-of-state bounty hunter's search for a fugitive in New Jersey."

Note: None of Cal's or Lesende's allegations have been proven or disproven in court. While the parties freely agreed to settle Mr. Cal's lawsuit, all that is known for sure is that Newark, for whatever reason, decided that it would rather pay Mr. Cal $30,000, rather than take the matter to trial. Perhaps the defendants' decision to settle was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases settle before trial—it is impossible to know the truth of what really happened—or what consequences, if any, came to the individuals accused in the suit.

The other claims have also not yet been proven or disproven is a court of law; at this time, they are simply allegations in a pending lawsuit.

Day 4: Morris v. City of Newark

Excessive Force
Litigation Pending
September 2009

On September 6, 2007, Trace Morris was approached by five Newark Police Officers at 1003 South Orange Avenue, Newark. At least one of the officers, Jeffrey Bouie, assaulted Morris "by punching him into a state of unconsciousness, which beating resulted in severe and permanent debilitating spinal [cord] injuries and paralysis." Taken to the Newark city jail, Morris' medical needs were ignored, and he lay on his stomach for three days while he defacated and urinated on himself. Eventually he was taken to the hospital, and while there, "the arresting officers [were] rejoicing and laughing about plaintiff's injury stating 'we f_ _ _ him up.'" Morris' federal lawsuit (No. 09-cv-4561) remains pending.

This was not Officer Bouie's only brush with the law. He faces another federal lawsuit (No. 08-cv-4417) for beating Johan DeCosta on March 8, 2007. And in an administrative filing, Leonard Wheeler accuses him and his partners of falsely arresting him on April 1, 2008.

Note: The claims against Bouie have not yet been proven or disproven is a court of law; at this time, they are simply allegations in a pending lawsuit or other legal document.

Day 3: Lighty v. City of Newark

Excessive Force
Settled January 2009
$60,000

Saleem Lighty was stopped by Newark Police Department (NPD) Officers Alan Knight, Michael Morgan #9788, Joseph Conzentinos #6731, and Angel Vila #8039 on September 25, 2006. The stop occurred on Clinton Street between 16th and 17th Streets. A check of his name revealed an outstanding warrant. The officers did not advise him of the warrant, and when Mr. Lighty asked why he was being arrested, an officer hit him in the face and fractured his jaw. The other officers failed to intervene. His federal lawsuit (No. 06-cv-5977) was settled in or about January 2009, with Newark paying Lighty $60,000 for the excessive force used by NPD officers.

For at least three members of the police team involved in injuring Mr. Lighty, this was not their only brush with the law:

Alan Knight has been investigated by Internal Affairs 62 times, including 26 allegations by citizens of conduct, excessive force, or improper arrest. He faces another federal lawsuit (No. 09-cv-801) for severely beating Jose Quinonez in a June 2008 incident.
Michael Morgan and Joseph Cozentinos are accused, in an administrative filing, of assaulting and falsely arresting Rasheed Suber on October 31, 2009. In addition, Morgan has filed more Use of Force Reports than any other NPD officer—20 in all—for the 2006 to 2009 time period.

Note: None of Lighty's allegations have been proven or disproven in court. While the parties freely agreed to settle this case, all that is known for sure is that Newark, for whatever reason, decided that it would rather pay Lighty $60,000, rather than take the matter to trial. Perhaps the defendants' decision to settle was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases settle before trial—it is impossible to know the truth of what really happened—or what consequences, if any, came to the individuals accused in the suit.

The other claims against the other identified officers have also not yet been proven or disproven in a court of law; at this time, they are simply allegations in a pending lawsuit or other legal document.

Day 2: Stewart v. Gonzalez

False Arrest
Settled January 2010
$90,000

Thomas Michael Stewart operates a legitimate towing business that had been contracted to tow improperly parked vehicles from an apartment complex in Belleville. After towing seven illegally parked vehicles from the complex, Newark Police Department (NPD) Captain Felipe Gonzalez ordered the arrests of Mr. Stewart and two of his employees on or about May 11, 2007. Captain Gonzalez had them detained for a lengthy period of time and seized their property. Then, no charges were pursued and all records of the incident were destroyed. In or about January 2010, the City of Newark paid plaintiffs $90,000.00 to resolve the lawsuit (No. ESX-L-3584-08/ 08-cv-3250 following removal). Captain Gonzalez remains as the precinct commander in charge of Newark's 5th Precinct, which covers the southern parts of the city.

This was not Captain Gonzalez's only brush with the law. He is being sued by Darren Billings, in a state lawsuit (No. ESX-L-466-10), on claims that on or about September 23, 2008, Captain Gonzalez negligently injured him in a motor vehicle accident near Nye & Bergen Aves. Also, Captain Gonzalez is named as a defendant in a third lawsuit, brought by Luis Velasco (No. ESX-L-2561-10), which alleges that 2 officers under his command planted drugs and paraphernalia on the innocent man on October 4, 2008.

Note: None of Stewart's or his employees' allegations have been proven or disproven in court. While the parties freely agreed to settle this case, all that is known for sure is that Newark, for whatever reason, decided that it would rather pay Stewart and his employees $90,000, rather than take the matter to trial. Perhaps the defendants' decision to settle was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases settle before trial—it is impossible to know the truth of what really happened—or what consequences, if any, came to the individuals accused in the suit.

The other claims discussed have also not yet been proven or disproven is a court of law; at this time, they are simply allegations in pending lawsuits.

Day 1: Pendergrass and Gbor v. City of Newark

Excessive Force, Internal Affairs and Attempted Bribery
Settled May 2010
$150,000

On June 13, 2006, Newark Police Department (NPD) Officer Michael Walker beat plaintiff Cornell Pendergrass at 175 First Street in Newark by repeated punches to the face, which ultimately required doctors to wire Mr. Pendergrass' jaw shut for several weeks. Co-plaintiff Minisiah Gbor attempted to videotape the officers beating other people in the vicinity. When they saw her videotaping, Walker and his partner, Officer Larry Brown, assaulted her as well. When Mr. Pendergrass filed an internal affairs complaint about the incident, an acquaintance received a threatening telephone call in retaliation for the complaint. Some weeks later, Walker attempted to bribe Mr. Pendergrass to "forget about everything." On or about May 19, 2010, the plaintiffs' federal lawsuit (No. 08-cv-2936) was settled for $150,000. Adding insult to injury, the City reimbursed Walker's lawyer an additional $39,037 in taxpayer money for legal fees incurred in defending the case.

This was not Officer Walker's only brush with the law. In 2009, he was indicted for making false statements that led to an innocent man being misidentified in a photo array. (Indictment No. 09-08-2191-I). NPD's internal affairs unit initially suspended him after their indictment, and then reinstated him. In April 2010, their trial ended in a hung jury. Retrial information is unknown.

Note: None of Pendergrass's or Gbor's allegations have been proven or disproven in court. While the parties freely agreed to settle this case, all that is known for sure is that Newark, for whatever reason, decided that it would rather pay Pendergrass and Gbor $150,000, rather than take the matter to trial. Perhaps the defendants' decision to settle was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases settle before trial—it is impossible to know the truth of what really happened—or what consequences, if any, came to the individuals accused in the suit.

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Liberty has an infinite number of faces. These faces have defined the ACLU of New Jersey for its first 50 years. Some of them, including people like you, will define it for the 50 years to come.

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ACLU-NJ News

Day 9: Williams v. City of Newark

Unlawful Search and Excessive Force
April 2008
$250,000

Related Documents

Day 8: Robinson and Thorne v. City of Newark

False Arrest and Excessive Force
Settled December 2008
$30,000

Related Documents

Day 7: Qualls v. City of Newark

Unlawful search, Excessive Force and False Arrest
Settled June 2010
$35,000

Related Documents

Day 6: Burks v. City of Newark

False Arrest
Litigation Filed
January 2008

Related Documents

Day 5: Cal v. City of Newark

Excessive Force, Improper Conduct and Internal Affairs
Settled October 2009
$30,000

Related Documents

Day 4: Morris v. City of Newark

Excessive Force
Litigation Pending
September 2009

Related Documents

Day 3: Lighty v. City of Newark

Excessive Force
Settled January 2009
$60,000

Related Documents

Day 2: Stewart v. Gonzalez

False Arrest
Settled January 2010
$90,000

Related Documents

Day 1: Pendergrass and Gbor v. City of Newark

Excessive Force, Internal Affairs and Attempted Bribery
Settled May 2010
$150,000

Related Documents

50 Faces of Liberty

Become a Face of the ACLU

ACLU-NJ News

Day 9: Williams v. City of Newark

Unlawful Search and Excessive Force April 2008 $250,000

Related Documents

Day 8: Robinson and Thorne v. City of Newark

False Arrest and Excessive Force Settled December 2008 $30,000

Related Documents

Day 7: Qualls v. City of Newark

Unlawful search, Excessive Force and False Arrest Settled June 2010 $35,000

Related Documents

Day 6: Burks v. City of Newark

False Arrest Litigation Filed January 2008

Related Documents

Day 5: Cal v. City of Newark

Excessive Force, Improper Conduct and Internal Affairs Settled October 2009 $30,000

Related Documents

Day 4: Morris v. City of Newark

Excessive Force Litigation Pending September 2009

Related Documents

Day 3: Lighty v. City of Newark

Excessive Force Settled January 2009 $60,000

Related Documents

Day 2: Stewart v. Gonzalez

False Arrest Settled January 2010 $90,000

Related Documents

Day 1: Pendergrass and Gbor v. City of Newark

Excessive Force, Internal Affairs and Attempted Bribery Settled May 2010 $150,000

Related Documents

50 Faces of Liberty

Become a Face of the ACLU

Unlawful Search and Excessive Force
April 2008
$250,000

False Arrest and Excessive Force
Settled December 2008
$30,000

Unlawful search, Excessive Force and False Arrest
Settled June 2010
$35,000

False Arrest
Litigation Filed
January 2008

Excessive Force, Improper Conduct and Internal Affairs
Settled October 2009
$30,000

Excessive Force
Litigation Pending
September 2009

Excessive Force
Settled January 2009
$60,000

False Arrest
Settled January 2010
$90,000

Excessive Force, Internal Affairs and Attempted Bribery
Settled May 2010
$150,000