BRAMNICK, RODRIGUEZ MITTERHOFF, GRABAS & WOODRUFF, LLC ATTORNEYS AT LAW JON M, BRAMN1CK*6 JOHN C. RODRIGUEZ STEPHANU! ANN Ml'ITERHOPF* OARYJ,GRABAS CASEY ), WOODRUFF JONATHAN p, ARNOLD*0 PATRICK J. MANGAN° 1827 EAST SECOND STREET SCOTCH PLAINS, NEW JERSEY 07076 908.322. 7000 FAX 908.322.6997 www.jonbramnick.com Email: jonbramnick@jonbramnick.com OF COUNSEL MICHAEL HERBERT MORRIS COUNTY OFFICE 7 JAMES STREET FLORHAM PARK, NJ 07932 973.660.0006 ESSEX COUNTY OFFICE 972 BROAD STREET • SUITE 602 DANIEL O. SLOAN KHLLY A, LYNCH ROBBRT C. ROWBOTHAM, D BRIAN J. TREMBLEY° NEWARK, NJ 07102 973.273,0023 • NEW JBRSHY CBim'PIBD CIVlL TRIAL ATIORNBY 6 MEMBER OF N.J,, N.Y. & l'LA. BARS • MEMBBR OP N,J, & N,Y, BARS a M!!MBBR OF N.J. & LA. BARS March 1, 2013 MIDDLESEX COUNTY OFFICE WILLIAMSBURG COMMONS 2G AUER COURT EAST BRUNSWICK, NJ 08816 732.651.9999 VIA REGULAR MAil., & CERTIFIED MAIL RRR # 7009 0820 0000 8442 5481 Mr. Abubaker Jalloh City of Plainfield City Hall 515 Watchung Ave. Plainfield, NJ 07061 r ... ,.... I • •', • , • - .: . RE: . v Samuel Woody et als Docket No.: UNN L 695 13 .' Dear Mr. Jalloh: Enclosed with regard to the above referenced matter, please find summons and complaint being served upon you pursuant to the Rules of Court. Kindly forward same to your insurance company. STEP SAM/bfs Encl cc: Mr. Steve Daveggia, Inservco Insurance Services, Inc. Mr. Terrance Little, State of New Jersey - I • ~ BRAMNICK, RODRIGUEZ MITTERHOFF, GRABAS & WOODRUFF, LLC ATTORNEYS AT LAW JON M. BRAMNlCK*A JOHN C. RODRIGUEZ pffANIE ANN MlTTERHOFF* GARYJ,GRABAS CASEY J. WOODRUFF JONATHAN P. ARNOLD*0 PATRICK J. MANGAN° 182 7 EAST SECOND STREET SCOTCH PLAINS, NEW JERSEY 07076 OF COUNSEL MICHAEL HERBERT 908.322.7000 FAX 908.322.6997 www.jonbramnick.com Email: jonbramnick@jonbramnick.com MORRIS COUNTY OFFICE 7 JAMES STREET FLORHAM PARK, NJ 07932 973,660.0006 ESSEX COUNTY omcE 972 BROAD STREET • SUITE 602 NEWARK, NJ 07102 973.273.0023 DANIEL O. SLOAN KELLY A. LYNCH ROBERT C. ROWBOTHAM, II BRIAN J. TREMSLEY0 • NBW JERSEY CRR'l1l'lE.D CIVIL TRIAL ATTORNEY A Ml!MBER Of N.J., N.Y. & Pl.A. BARS • MEMBER OF N.J. & N,Y. BARS o MEMBER OF N.J. & LA, BARS February 11, 2013 Deputy Clerk Union County Superior Court Civil Part - Law Division 2 Broad Street Elizabeth, NJ 07207 RE: 695 13 T;\T7' TT T__1].;1·;11 MIDDLESEX COUNTY OFFICE WILLIAMSBURG COMMONS 2G AUER COURT EAST BRUNSWICK, NJ 08816 732.651.9999 v Samuel Woody et als Dear Sir/Madam: Enclosed, please find an original and copy of Complaint and Case Information Statement with regard to the above referenced matter. Kindly file the original and return a copy with Docket NW11ber to my office in the enclosed self-addressed stamped envelope provided. A check in the amount of $200.00 is also enclosed to cover costs. Ve1\ truly yours, I ST SAM/bfs Encl. cc: - Mr. Steve Daveggia, Inservco Insurance Services, Inc. Mr. Terrance Little, Esq. County of Union ··' BRAMNICK, RODRIGUEZ, MITTERHOFF, GRABAS & WOODRUFF, LLC 1827 EAST SECOND STREET SCOTCH PLAINS, NJ 07076 Telephone: (908) 322-7000 Facsimile: (908) 322-6997 Attorneys for P=l_a1_ ·n_tif_f_ _ _ _ _ _ __ SUPERIOR COURT OF NEW JERSEY LAW DIVISION: UNION COUNTY Plaintiff, DOCKEllfflNL Civil Action 695 1 COMPLAINT AND JURY DEMAND V, SERGEANT SAMUELL. WOODY, PLAINFIELD POLICE DEPARTMENT, CITY OF PLAINFIELD, COUNTY OF UNION AND STATE OF NEW JERSEY, Defendants. Plaintiff, : County of Union and State of New Jersey, by way of complaint, states: FIRST COUNT (FALSE IMPRISONMENT) 1. That on or about July 24, 2011, the Plaintiff, , was falsely imprisoned by Defendant, Sergeant Samuel L. Woody, without legal justification. 2. That on or about July 24, 2011, the Defendant, SERGEANT SAMUEL WOODY'S intentional and deliberate actions instigated a criminal proceeding resulting in confinement of Plaintiff, J 3. That on or about July 24, 2011, the Defendant, SERGEANT SAMEUL L. WOODY, acted maliciously and without probable cause resulting in physical and psychological danlage to Plaintiff, : 4. That all criminal charges brought against Plaintiff, , were dismissed. 5. As a direct and proximate result of said assault, the Plaintiff, was caused to suffer injuries, has and will be compelled to seek medical treatment; has and will be incapacitated from her normal activities; has incurred out-of-pocket expenses, including but not limited to medical bills, lost wages and other out-of-pocket expenses; and has suffered pain and will suffer in the future. WHEREFORE, based upon the foregoing, the Plaintiff, : demands judgment against the Defendants for said sums that would reasonably and properly compensate her in accordance with the laws of the State of New Jersey together with interest and court costs. SECOND COUNT (SEXUAL ASSAULT) 1. Plaintiff repeats, reiterates and realleges each and every allegation contained in the First Count as if same were set forth at length herein. 2. That on or about July 24, 2011, the Defendant, SERGEANT SAMUELL. WOODY, did cause Plaintiff,. to be injured by intentionally and violently sexually assaulted Plaintiff, which caused her to sustain serious bodily and emotional injuries. 3. That on or about July 24, 2011, the Defendant, SERGEANT SAMUELL. WOODY, used his authority as a police officer to sexually, physically and psychologically abuse Plaintiff, 4. That on or about July 24, 2011, the Defendant, SERGEANT SAMUELL. WOODY, sexually assaulted Plaintiff, l with malice and with a wanton disregard of Plaintiff's personal rights and sensitivities. 5. As a direct and proximate result of said assault, the Plaintiff, - was caused to suffer injuries, has and will be compelled to seek medical treatment; has and will be incapacitated from her nonnal activities; has incurred out-of-pocket expenses, including but not limited to medical bills, lost wages and other out-of-pocket expenses; and has suffered pain and will suffer in the future. WHEREFORE, based upon the foregoing, the Plaintiff, demands judgment against the Defendants for said sums that would reasonably and properly compensate her in accordance with the laws of the State of New Jersey together with interest and court costs. TIIlRD COUNT {PUNITIVE DAMAGES) 1. Plaintiff repeats, reiterates and realleges each and every allegation contained in the First and Second Courts as if the same were set forth at length herein. 2. The conduct of the Defendant, SERGEANT SAMUELL. WOODY, was accompanied by malice and a wanton and willful disregard of the certainty that Plaintiff would be severely harmed by that conduct. As a result of Defendant's, SERGEANT SAMUELL. WOODY'S reckless disregard of the likelihood of serious hann, Plaintiff suffered severe bodily and emotional injuries. WHEREFORE, based upon the foregoing, the Plaintiff, demands judgment against the Defendants for punitive damages in accordance with N.J.S.A. 2A:15-5.9 et~- together with interest and court costs. FOURTH COUNT {INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS) 1. Plaintiff repeats, reiterates and realleges every allegation made in the First, Second and Third Counts as if those allegations were set out at length herein. 2. Defendant, SERGEANT SAMUELL. WOODY, negligently caused Plaintiff, to fear immediate personal injury causing an immediate emotional and physical impact upon her wellbeing; and guaranteeing the likelihood of a genuine and serious claim for emotional distress. 3. As a direct and proximate result of said assault, the Plaintiff, . was caused to suffer injuries, has and will be compelled to seek medical treatment; has and will be incapacitated from her normal activities; has incurred out-of-pocket expenses, including but not limited to medical bills, lost wages and other out-of-pocket expenses; and has suffered pain and will suffer in the future. WHEREFORE, based upon the foregoing, the Plaintiff, . demands judgment against the Defendants for said sums that would reasonably and properly compensate her in accordance with the laws of the State of New Jersey together with interest and court costs. F'IFTH COUNT {MALICIOUS PROSECUTION) I. Plaintiff repeats, reiterates and realleges every allegation made in the First, Second, Third and Fourth Counts as if those allegations were set out at length herein. 2. Plaintiff, l Defendant, SERGEANT SAMEUL L. WOODY, maliciously prosecuted without probable cause and without a reasonable ground of suspicion supported by circwnstances sufficient to warrant an ordinarily prudent person in believing she was guilty of an offense in order to abuse his authority as a police officer over Plaintiff. All charges against Plaintiff was dismissed. 3. As a direct and proximate result of said assault, the Plaintiff, , was caused to suffer injuries, has and will be compelled to seek medical treatment; has and will be incapacitated from her normal activities; has incurred out-of-pocket expenses, including but not limited to medical bills, lost wages and other out-of-pocket expenses; and has suffered pain and will suffer in the future. WHEREFORE, based upon the foregoing, the Plaintiff, . demands judgment against the Defendants for said sums that would reasonably and properly compensate her in accordance with the laws of the State of New Jersey together with interest and court costs. SIXTH COUNT (VIOLATION 42 U.S.C.A. § 1983) 1. Plaintiff repeats, reiterates and realleges every allegation made in the First, Second, Third, Fourth and Fifth Counts as if those allegations were set out at length herein. 2. Defendant, SERGEANT SAMUEL L. WOODY, while acting under the color of law, deprived Plaintiff, , of rights, privileges and immunities secured by the Constitution and/or Federal Law in violation of 42 U.S.C.A. § 1983. 3. As a direct and proximate result of said assault, the Plaintiff, - , was caused to suffer injuries, has and will be compelled to seek medical treatment; has and will be incapacitated from her normal activities; has incurred out-of-pocket expenses, including but not limited to medical bills, lost wages and other out-of-pocket expenses~ and has suffered pain and will suffer in the future. WHEREFORE, based upon the foregoing, the Plaintiff, . demands judgment against the Defendants for said sums that would reasonably and property compensate her in accordance with the laws of the State of New Jersey together with interest and court costs. SEVENTH COURT (Negligent Hiring) 1. Plaintiff repeats, reiterates and realleges every allegation made in the First, Second, Third, Fourth, Fifth and Sixth Counts as if those allegations were set out at length herein. 2. Defendants, PLAINFIELD POLICE DEPARTMENT, CITY OF PLAINFIELD, COUNTY OF UNION and STATE OF NEW JERSEY, were negligent in their hiring, supervision and training of Defendant, SERGEANT SAMUELL. WOODY. 3. Defendants, PLAINFIELD POLICE DEPARTMENT'S, CITY OF PLAINFIELD'S, COUNTYOF UNION'S and STATE OF NEW JERSEY'S negligence in their hiring, supervision and training of Defendant, SERGEANT SAMUEL L. WOODY, was a proximate cause of the incident and the resultant injuries to Plaintiff,: 4. WHEREFORE, Plaintiff, : , demands judgment against the Defendants for said sums that would reasonably and properly compensate her in accordance with the laws of the State of New Jersey together with interest and court costs. Dated: February 11, 2013 BRAMNICK, RODRJGUEZ, MIITERHOFF, GRABAS & WOODRUFF, LLC Attorneys for Plaintiff ,t'\)vL-- BY: Si.iP-lrIANIE ANN MITIERHOFF, ESQ. .WRY DEMAND Plaintiffs hereby demand a trial by jury as to all issues in this matter. BRAMNICK, RODRIGUEZ, MITTERHOFF, GRABAS & WOODRUFF, LC Attorneys for Plaintiff February 11, 2013 Dated: BY: STEPHANIE ANN MITIERHOFF, ESQ. INTERROGATORIES Demand is herein made for each named Defendant to supply fully responsive answers to Interrogatories, Fonns C and Fonn C(2) from Appendix II of the Current New Jersey Court Rules as required by R- 4:17-l(b)(l). DESIGNATION OF TRIAL ATTORNEY In accordance with R. 4:25-4, STEPHANIE ANN MITIERHOFF, ESQ., is named as the Designated Trial Attorney for this matter. CERTIFICATION STEPHANIE ANN MITTERHOFF, ESQ., attorney for the Plaintiff, certifies: 1. The matter in controversy is not the subject of any other action pending in any court and is not the subject of a pending arbitration proceeding. 2. No other action or arbitration proceeding is contemplated. 3. There is no other party who should be joined in this action to my knowledge as of the present time. Dated: February 11, 2013 BRAMNICK, RODRJGUEZ, MITIERHOFF, GRABAS & WOODRUFF, LLC Attorney foilaintiff , f''lt t. , ;V BY: STEPHANfil )rnN MITTERHOFF, ESQ. Appendix XU-Bl CIVIL CASE INFORMATION STATEMENT (CIS) Use for initial Law Division Civil Part pleadings (not motions) under Rule 4:5-1 Pleading will be rejected for filing, under Rule 1:5-6(c), if information above the black bar is not completed or attorney's signature is not affixed ATTORNEY/ PRO SE NAME TELEPHONE NUMBER Stephanie Ann Mitterhoff, Esq. AMOUNT: OVERPAYMENT: BATCH NUMBER: COUNTY OF VENUE Union (908) 322-7000 FIRM NAME (if appllcable) Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff, LLC OFFICE ADDRESS DOCUMENTTYPE 1827 East Second Street Scotch Plains NJ 07076 Complaint JURY DEMAND NAME OF PARTY (e.g., John Doe, Plaintiff) • O No YES CAPTION I v Sergeant Samuel L. Woody, Plainfield Police Department and City of Plainfield 0 CASE TYPE NUMBER (See reverse side for listing) IS THIS A PROFESSIONAL MALPRACTICE CASE? 602,005 IF YOU HAVE CHECKED "YES," SEE N.J.S.A. 2A:53 A -27 AND APPLICABLE CASE LAW REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT. IF YES, LIST DOCKET NUMBERS RELATED CASES PENDING? D Yes • Yes • • NO No DO YOU ANTICIPATE ADDING ANY PARTIES (arising out of same transaction or occurrence)? D YES NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY (Jf known) D • No NONE UNKNOWN THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE. CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION DO PARTIES HAVE A CURRENT, PAST OR RECURRENT RELATIONSHIP? • No 0 YES IF YES, IS THAT RELATIONSHIP: 0 EMPLOYER/EMPLOYEE D FAMILIAL D 0 FRIEND/NEIGHBOR BUSINESS DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY? D OTHER (explain) D Yes a No USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR ACCELERATED DISPOSITION (5. DO YOU OR YOUR CLIENT NEED ANY DISABILITY ACCOMMODATIONS? • NO DYES 'Mll AN INTERPRETER BE NEEDED? DYES • No IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION IF YES, FOR WHAT LANGUAGE? I certify that confl~;~ial personal Identifiers have been redacted from documents now submitted to the court, and wlll be redacted from all d uments submitted In the future In accordance with Rule 1:38-7(b). ATTORNEY SIGNATURE: ) i~ Effective 01/03/2011, (Fr1fs17-Engllsh - page 1 of 2 CIVIL CASE INFORMATION STATEMENT (CJS) Use for initial pleadings {not motions) under Rule 4:5-1 CASE TYPES (Choose one and enter number of case type In appropriate space on the reverse side.) Track I - 150 day&' discovery 151 NAME CHANGE 175 FORFEITURE 302 TENANCY 399 REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction) 502 BOOK ACCOUNT (debt collection matters only) 605 OTHER INSURANCE CLAIM {Including declaratory Judgment actions) 506 PIP COVERAGE 510 UM or UIM CLAIM (coverage issues only) 511 ACTION ON NEGOTIABLE INSTRUMENT 512 LEMON LAW 801 SUMMARY ACTION 802 OPEN PUBLIC RECORDS ACT {summary action) 999 OTHER (briefly describe nature of action) Track II - 300 days' discovery 305 CONSTRUCTION 509 EMPLOYMENT {other than CEPA or LAD) 599 CONTRACT/COMMERCIAL TRANSACTION 603N AUTO NEGLIGENCE - PERSONAL INJURY (non-verbal threshold) 603Y AUTO NEGLIGENCE - PERSONAL INJURY (verbal threshold) 605 PERSONAL INJURY 610 AUTO NEGLIGENCE - PROPERTY DAMAGE 621 UM or UIM CLAIM (includes bodily Injury) 699 TORT - OTHER Track Ill - 450 days' discovery 005 CIVIL RIGHTS CONDEMNATION 602 ASSAULT AND BATTERY 604 MEDICAL MALPRACTICE 606 PRODUCT LIABILITY 607 PROFESSIONAL MALPRACTICE 608 TOXIC TORT 609 DEFAMATION 616 IA/HISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT {CEPA) CASES 817 INVERSE CONDEMNATION 81 B LAW AGAINST DISCRIMINATION (LAD) CASES 301 Track IV - Active Case Management by Individual Judge / 450 days• discovery 158 ENVIRONMENTAUENVIRONMENTAL COVERAGE LITIGATION 303 508 1513 514 620 701 MT. LAUREL COMPLEX COMMERCIAL COMPLEX CONSTRUCTION INSURANCE FRAUD FALSE CLAIMS ACT ACTIONS IN LIEU OF PREROGATIVE WRITS Centrally Managed Litigation (Track IV) 290 291 292 280 ZELNORM 285 STRYKER TRIDENT HIP IMPLANTS 288 PRUDENTIAL TORT LITIGATION POMPTON LAKES ENVIRONMENTAL LITIGATION PELVIC MESH/GYNECARE PELVIC MESH/BARD Mass Tort (Track IV) 248 BRISTOL-MYERS SQUIBB ENVIRONMENTAL FOSAMAX DIGITEK 284 NUVARING 286 LEVAQUIN 287 YAZ/YASMIN/OCELLA 601 ASBESTOS 281 282 283 CIBA GEIGY 266 HORMONE REPLACEMENT THERAPY (HRT) 271 274 275 2TT 278 279 ACCUTANE RISPERDAUSEROQUEL/ZYPREXA ORTHO EVRA MAHWAH TOXIC DUMP SITE ZOMETA/AREDIA GADOLINIUM If you believe this case requires a track other than that provided above, please Indicate the reason on Side 1, In the space under "Case Characteristics. Please check off each applicable category Effectlve01/D3/2011, CN 10517-English D Putative Class Action IE: Title 59 page 2 of2 DeCol:iis Law '0/1..l/LV.lO .);L.a,0v •" '-,7' Rf.. ·71·..... J~.1:· •., :t. ........ ..... ..,; ~ ~ This Release, dated M,~y __l].., 2016, is given HY refon-c:d to as 11I". TO SERGE.ANT SAMUEL L. WOODY) PLAINFIELD POLICE DEJ> ARTIYfENT. Cl1Y OF PLAINFIELD, JOHN DOES l-10 or crn11loycei;i of the City nf Plainfield l)olice 'Department, individually and in their official capacities, referred to as 'You". If :more than one person r.igrrn this Release, 11111 ,;hal.l :me1m each pcnion who signs this Release. 1. J!~Jw1!, I releuse and givt, up any and all clai:ms an.a rights, which J may have agaiust you. This rdcases alt claims inclu.dlng those of which l um not a.ware ~d fuose not rncrrtioncd iu (hj · Release This Relea.,;e appli.es to cloims resDitit1g from anything whi.<:h has hapr,,ened up to now. r specifically rclc~sc the fo1lowing daims: a."'1y and all daims for '["-'1'Sotl.al htj'\JIY n.ru!Jo:r properly damage resllitin({ from alleged violations of my federal and/or state constllotiorutt tights aiort fur 1.,ayo-icnt of C(!tmsci foes iocurred concerning tho.'>c claims. I furthcc ackr.,owledge that tho settlc.,'J11ent of these c\a:ims does ntJt constitute, nor llhould -it be construe.cf or c