1 Law Offices . of MALLON TRAN GER 7 Thomas I - 86 - Other Locations: Certi?ed by the Supreme Coui?tof Freehold, NJ 07728 - Pt. Pleasant Toms River New Jersey as a Civil ?irt/Attorney TEL: (732) 780-0230 FAX: (732) 780-5002 - i I 7 Randall L. Trang?er Midhael J. Fioretti?f and PA Bars 2 Joseph B. Spinelli Thomas M. Wadclleton Paralegal Via New Jersey LaWyers Service September 26, 2012 Clerk Diane Stabley Borough of Seaside Heights . 901 Boulevard A Seaside Heights, NJ 08751 Chief of Police ThoInas Boyd 7 B01 ough of Seas1de Heights Police Department I 116 Sherman AVen?ue . 1 Seaside Heights, NJ 08751 Re: - NOTICE OF CLAIM 1 My Cllents. George HatZe- Date of Birth: April 17,1966 Karen HatZe, his Wife- Date of Birth: March 12,1967 Date of:Inc1dent July 4 2012 I Dear Sir/Madam: Please take notice that my Office Icp1esents the above individuals as a 1esult of an 1n01dent that .occuned on July 4 2012 Officers from Seaside Heights arrested my client without probable 7. cause and subjected him to exCesSive force. As a result of the force that was impOSed, he suffered a fracture at L3 and has been undei the care of Dr Kubeck of Ocean OlthOpedic Associates in Toms Rivel He has been told he is now a su1gica1 candidate. client,Ka1en Hatze, witnessed this entiie incident and was equally traumatized by What she saW. Witnesses to this incident weie Irene Athanasop0u10s, 27 Marlbom Lane, Colonia, Wilh am Kondilas, 27 Marlboro Lane, Colonia, NJ, and Taylor Hat'ze, my client? All notices regarding this claim should be sent to my office. The amount of the claim has yet to be determined. We are asking that the Seaside Heights Police Department open up an internal . affairs investigation into this case .fee to call if you have any questions. Numhar HEIGHTS PDLICE ARREST REPORT A 01 1319 I CompIaImNumbsv 2 MM and. mm; Number 4 um: a mom-11343 (Tamas-1m l-201 2.11115 7 Name Last mm mm a my": 9 GEORGE 117 mums Sues MUnIcIiuHi Sm liCnde 11 PlaceulBWI 12 1:1 Ag. Sax 15 Race 11 He'gm 17 16 Halv Is Eyes 20 compIeonn 21 43 ""75 5' 5 150 lb BLACK BROWN FAIR MARRIED 22 OlherDsamImIvelnlormlIIon 22-UcamaNumoaT 24 Employev . OrSquoI 25 magnum am. 21 Souls Number UNEMPLOVED 27. Emplwav'sAddvess OrschocI 25 Business PneuersamI ns751 DETAILS OF ARREST 29 Anesmnu a4: Ylme 21 12 MunIap-Icoa. Jul 04, 2012 20:15 PORTER BOARDWALK HTS NJ 08751 1526 w-zn12-Iw1135 as cm". a; ms Emma 35 SIMPLE ASSAULT NOT CLASS Robert MacFman- 1n Comm-IMan Nam andAndlau imp cm :1 Phane PTL. MACFARLANE 1165HERMAN AVENUE HEIGHTS NJ 08751 (7:12) 7133-1800 as an WM Jul 04. 21112 20:45 SEASIDE HEIGHTS NJ 03151 1526 o2 Cad: osmmsumanu ngMIrEyWhom 45 How Ramona-a ADULT 1626 PTL, REFUSAL news>>; No NO Ranemd Mon": 97 201; so mm Inlonnunun Mm. Body'ype 7cm Rum-1mm Numheva sun. . Omarnemuw lam-mun BAIL HEARING 55 Dane 55.0mm 57 Fawn Jul 10, 2012 OCEAN couNTv GRAND JURV ss Amour" 331 59 Rum oI Haarmq an Ends 61. $2,oao.nn To BE DETERMINED couNTv JAIL FINAL RESULTS 52 mm (2mm 54 Judge Ends JUVENILE 7o pamI/eu-mancwaow By 71 um 72 Hum 13. ReleasedTo 74 FUII Address. Numbsy 75mm rCI|y 751519 . le ca 75' Dem 73 TIME 77 Phone Number Ts Farsm/ Guam" 79 Fm! Adam; 7 Number -5llee1- [My 2 5m 7 2m Coda rMUnIaIpsmy so mm Number 51:3? Nlnuwa/Add'I cm" 2100 DISORDERLY commen- 2523 11251511211: ARREST nun was susa'zc'rs mum cmmv: BEHAVIOR, PHMOGRAPHS WERE: UNABLE mo BE mm: No No From age Side Image Avallahl Avallabla Name cLAss Robert MacFarlane an Slummve sI Eedya Number 1004 92, cmmeu 91. me oI Rayon an meaay Jul 119, 2012 Fag: I 0! I Pages SEASIDE HEIGHTS POLICE INVESTIGATION REPORT 1. Incident Number 2. Code 3. Phone Number and Ext. 4. UCR 21, Prosecutor's Case No. 22. Department Case No. El Co-op I-2012-11346 1526 (732) 793?1800 I-2012-11346 IE Original 5. Crime lncident 6_ NJS 23. Victim (First, Middle. Last) . PTL. MACFARLANE SIMPLE ASSAULT NOT ATROCIOUS 0800 ial Secu 'Race . . . DISORDERLY CONDUCT 2400 ?0 ARREST 2623 7? Between 8. Hour 9' Day 10. Mo. 11. Date 12' Year 27. Victim Address (City, State, Zip) Phone and Ext. No. Date and 116 SHERMAN AVENUE (732) 793-1800 Time A. 2045 Wed Jul 04 12 SEASIDE HEIGHTS NJ 08751 Crime/incident Location 28. Employer/Address PORTER Municipality 15. County 16. Code 29. Person Reporting Crime 30. Date and Time SEASIDE HTS OCEAN 1526 PTL. MACFARLANE Jul 04, 2012 20:45 Type of Premises 18. Code 19. Weapons Tools 20. Code 31. Address Phone and Ext. No. - 116 SHERMAN AVENUE MUNICIPAL MUN 7 2 793-1800 SEASIDE HEIGHTS NJ 08751 I 3 I Modus Operandi I How Com mited SEE OFFICER REMARKS 33. Vehicle 34. Year 35. Make 36.Body Type 37. Color 38. Registration Number and State 39. Serial Number or Identification SVTAOLLUEEN 40. Currency 41.Jewelry 42. Furs . 43. Clothing 44-. Auto 45. Miscellaneous PROPERTY 46. Total Value Stolen 47. Total Value Recovered 48. Teletype Alarm 49. Technical Services 50. Technician and Agency 51. Weather 52. 53. 54. 65. Evidence None 56. Disposition CLEAR a 32332.: El Arrest Pending 57. Chem Lab No 58. Ballistics Lab No 59. MV Summ/Wam No 60. Returned Teletype Pending Destroyed Evidence Pending List arrested/summoned - List and Identify additional victims - Describe perpetrators or suspects - Date action taken include findings and observations of Investigator - Physical evidence found - were, by Whom - Disposition and technical services performed - Interview of victims - Witnesses - Persons contacted - Suspects - Attach Victim Property Loss Report -Attach Statements - Court Action - AII NCIC Entry/Inquiries - Prisoner Disposition. 61. No. Arrested 62. Adult 63. Juvenile 64. Status Crime 65. Status Case 66. UCR Status 67.Daie Cleared 1 1 0 COMPLETE ARREST REPORT 68A. Name Address of Arrested ISummoned 69A. Age Sex 71A. Race 72A. DOB ON THE ABOVE DATE AND TIME I PTL. MACFARLANE WAS ON BIKE PATROL ON THE SOUTH .END OF THE SEASIDE HEIGHTS BOARDWALK. WHEN I REACHED PORTER STREET ON THE BOARDWALK I DECIDED TO PARK MY BIKE AND EXIT BRIEFLY FOR A DRINK OF WATER. AS I PARKED MY BIKE ALONG SIDE OF THE WALL AND STARTED TO WALK INTO THE STORE FRONT I A MIDDLE AGED MAN, LATER IDENTIFIED AS GEORGE E. HATZE, STUMBLING IN THE DIRECTION OF MY BIKE. I PAUSED FOR JUST A SECOND TO WATCH MY BIKE AS MR. HATZE APPROACHED. AT THIS TIME MR. HATZE ABRUPTLY SHOVED MY BIKE INTO THE WALL AND CONTINUED WALKING AS IF NOTHING HAPPENED. I THEN STATED, ME SIR TOUCH THE MR. HATZE THEN TURNED AROUND AND YELLED, TELL ME WHAT TO FUCKING AT THIS POINT I APPROACHED MR. HATZE ADVISING HIM THAT I AM A POLICE OFFICER AND ASKED HIM TO WALK OFF THE BOARDWALK WITH ME. 73~ Rank/Name (Print or Type) 74. Badge No. 75. Page 76. Date of Report 77. Reviewed By CLASS Robert MacFarlane .1004 Pagelof2 Ju 09.2012 78. 79. 80. 81. ?nature. 2. 'LjaAsmE HEIGHTS POLICE .r .J I . .. CONTINUATION PAGE 1.Comp alnt Number 2, Prosecutor's Case No. 8. Department Case No. I-2012-11346 ~2012~11346 MR. HATZE THEN SHOVED ME IN THE CHEST, PUSHING ME OFF BALANCE. ONCE I REGAINED MY BALANCE I WENT TO GRAB MR. HATZE BY THE ARM TO REMOVE HIM FROM THE BOARDWALK, AND AT THIS TIME MR. HATZE SQUARED OFF HIS SHOULDERS AND THREW A PUNCH IN THE DIRECTION OF MY FACE. I IMMEDIATELY REACTED BY DUCKING UNDER MR. ARM AND TACKLING HIM TO THE GROUND. ONCE ON TOP OF MR. HATZE I VERBALLY INSTRUCTED HIM TO TURN OVER AND STOP RESISTING ON MORE THAN ONE OCCASION. MR. HATZE REFUSED AND CONTINUED THROWING PUNCHES AND KICKS TO GET ME OFF OF HIM. I THEN RETURNED WITH TWO CLOSED HAND STRIKES HITTING MR. HATZE IN THE FACE. NEXT I PULLED OUT MY OC SPRAY AND ADVISED MR. HATZE TO TURN OVER OR HE WAS GOING TO BE SPRAYED. MR. HATZE ONCE AGAIN REFUSED TO TURN OVER AND CONTINUED TO TRY KICKING ME OFF, AT THIS TIME I DELIVERED A ONE SECOND BURST CF CG SPRAY DIRECTLY TO THE EYES OF MR. HATZE. HE THEN ROLLED OVER ONTO HIS STOMACH AND TUCKED BOTH OF HIS ARMS UNDER HIS CHEST TO PREVENT ME FROM GRABBING HIS ARMS. AT THIS POINT THREE MORE OFFICERS ARRIVED TO HELP ME SUBDUE MR. HATZE, BUT OUR ATTEMPTS WE WERE UNSUCCESSFUL YET AGAIN. I THEN ADVISED MR. HATZE TO STOP RESISTING ONCE MORE AND TO GIVE ME HIS ARMS. MR. HATZE REFUSED AGAIN, AND AT THIS POINT I DELIVERED FOUR KNEE STRIKES TO MR. LOWER RIGHT SIDE OF HIS BODY. AFTER BEING STRUCK IN THE SIDE MR. HATZE FINALLY RELEASED HIS ARMS AND AT THIS POINT HE WAS PLACED UNDER ARREST. I THEN RADIOED TO DISPATCH TO TELL THEM THAT I NEEDED A TRANSPORT CAR FOR MY ARREST. MR. HATZE THEN BECAME EXTREMELY COMBATIVE AND IRRATE, SO I THEN WALKED MR. HATZE TO THE STREET END AND WAITED FOR THE TRANSPORT UNIT TO ARRIVE. I THEN TAGGED MR. HATZE AND HE WAS TRANSPORTED TO HEADQUARTERS SHORTLY THERE AFTER WHERE HE WAS BOOKED AND PROCESSED. MR. HATZE WAS CHARGED WITH AGGRAVATED ASSAULT ON A POLICE OFFICER AS WELL-AS DISORDERLY CONDUCT, AND RESISTING ARREST. AFTER BOOKING MR. HATZE WAS TRANSPORTED TO OCEAN COUNTY JAIL AND LODGED IN LIEU OF BAIL IN THE AMOUNT OF- $2,000 DOLLARS. 4' Rank/Name (Prim orType) 5- Badge No. 6. Page 7. Date of Report a. Revlewed By 7 1004 Jul 09 2012 CLASS Robert MacFarlane Page Zof2 . 9- 11. 12. Si nature. case Document 2 Filed 09/27/12 Page 1 of 2 PagelD: 12 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY GEORGE HATZE, Plar?mm? V. SUMMONS IN A CIVIL CASE BOROUGH OF SEASIDE HEIGHTS, ET AL., De?ndam CASE NUMBER: TO: (Name and address of Defendant) .- Borough of Seaside Heights 901 Boulevard Seaside Heights, NJ 08751 A lawsuit has been ?led against you. Within 21 days after service of this summons on yen (not counting the day you received it) -- or ?60 days if you are the United States or a United States Agency, or an office or employee of the United States described in Fed. R. eiv. P. 12 or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be sewed 0n the plaintiff or plaintiffs attorney, whose name and address are: Thomas J. Mellon, Esq. Law Offices of allon 8: Tranger 86 Court Street Freehold, NJ 07728 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must ?le your answer or motion with the court. WILLIAM T. WALSH CLERK Marlene Kalbach (By) DEPUTY CLERK ISSUED ON 2012~09~28 12:45:49.0, Clerk USDC NJD 10/09/2012 TUE 13:16 FAX 73278?05002'Mellon 6: Tranger Law archangel 3 Ddcumentz Filed 09/27/12 PageZon Page-ID: 13 RETURN OF SERVICE Service of the Summons and complaint was made by me?) DATE NAME OF SERVER (PMNY) TITLE Check one box below imilcate appropriate method ofservtqe El Served personally upon the defendant. Place where served: [13 Left copies thereofat the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: CJ Returned unexccmed; Other (specify) STATEMENT OF TRAVEL SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of Amen?co. that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address ofServer 10/09/2012 TUE 13:18 FAX 7327805002 Mellon Tranger Law archangel '014/024 Case Document 1 Filed 09/27/12 Page 1 of 11 PagelD: 1. THOMAS J. MALLON. ESQ. Attorney-at-Law 86 Court Street Freehold, NJ 07728 (732) 780-0230 Attorney for Plaintiff George I-Iatze GEORGE HATZE UNITED STATES DISTRICT COURT DISTRICT COURT OF NEW JERSEY TRENTON Plaintiff, vs. Civil Action No.: - .. BOROUGH OF SEASIDE COMPLAINT THOMAS BOYD, Chief of Police; DETECTIVE STEPHEN KORMAN, SERGEAN JAMES HANS, SERGEANT RICHARD ROEMMELE, JOHN DOES 6-10, Personnel of the Seaside Heights Police Department in supervisory capacities; ROBERT and JOHN DOES 1-5, members of the Seaside Heights Police Department, Defendants. JURISDICTION 1. This action is brought pursuant to 42 U.S.C. Section 1983 and in accordance with the Fourth and Fourteenth Amendments of the Constitution of the United States of America. Jurisdiction is conferred under 28 U.S.C. Section 1331 and Section 1343(3). 10/09/2012 TUE 13:18 FAX 7327805002 Mellon ta Law archangel .015/024 Case Document 1 Filed 09/27/12 Page 2 of 11 PagelD: 2 .4 mass 2. Plaintiff George Hatze, residing at 616 Loxley Drive, Toms River, NJ, 08753, is and was, at all times herein relevant, a citizen of the United States and a resident of the State of New Jersey. 3. Defendants Richard Roemmele, Robert lVIacFarlane and John Does 1-5 were at all times mentioned herein duly appointed and acting police of?cers of the Seaside Heights Police Department and at all times herein were acting in such a capacity as the agents, servants and/or employees of the Borough of Seaside Heights and were acting under the color of law. 4. Defendants Chief of Police Thomas Boyd; Stephen Korman; James HanS; Richard Roemmele, and/or John Does 6~10 were at all times mentioned herein duly appointed and acting members of the Seaside Heights Police Department and at all times herein were acting in such capacities as the agents, servants and/or employees of the Borough of Seaside Heights and were acting under the color oflaw. 5. Defendants Chief of Police Thomas chd; Stephen Korman; James Hans; Richard Roemrnele, and/or John Does 6-10 were acting in supervisory capacities over Defendants Korman; Hans; Roemmele; MacFarlano, and/or John Does 1-10 and responsible by law for the training, supervision and conduct of Defendants Korman; Hans; Roemmele; MacFarlane, and/or John Docs 1-10. 6. Defendant Borough of Seaside Heights is a duly designated municipality of the state of New Jersey, under the laws of the state of New Jersey. 7. At all times relevant hereto, Defendant Borough of Seaside Heights employed the aforementioned Defendants. As such, it was responsible for the training, supervision and conduct of Defendants Boyd; Korman; Hans; Roemmcle; MacFarlane, and/or John Does 1-10. 10/09/2012 TUE 13318 FAX 7327805002 Mallon GI Trangor Law 4-4?1. archang61'016/024 Case Document 1 Filed 09/27/12 Page 3 of 11 PageID: 3 8. Suit is brought against all individually named Defendants in their personal and of?cial capacities. FACTUAL ALLEGATION 1. On 7/4/12, Plaintiff George Hatze was at the Seaside Heights boardwalk with his family. 2. Defendant MacFarlane ran his bicycle into Plaintiff and his family, including Plaintiffs 8 year old daughter. 3. Plaintiff asked Defendant why he had run into Plaintiff and his family with his bicycle. 4. Defendant MaoFarlane denied having run into Plaintiff and his family with his bicycle. 5. Plaintiff told Defendant MacFarlane that he was there to watch the ?reworks with his family and Defendant MacFarlane told Plaintiff that ?this is not a family place.? 6. Defendants John Does 1-5 arrived, and Plaintiff was assaulted with excessive force and without justification by Defendants MacFarlane and/or John Does 1-5. 7. Speci?cally, Plaintiff was maced. taken to the ground and hit and kneed in the back and body. 8. Plaintiff was arrested and charged with Aggravated Assault, Disorderly Conduct and Resisting Arrest. 9. The charges ?led against Plaintiff were all resolved in Seaside Heights municipal court. 10. Plaintiff sustained various injuries related to this incident all caused by the excessive force utilized by Defendants MacFarlane and/or John Does 1?5. 11. Specifically, Plaintiff was diagnosed with a compression fracture in his back which may require surgery to repair. 10/09/2012 TUE 13:18 FAX 7321805002 Mallon t: Tranger Lew archangel '017/024 Case Docunient 1 Filed 09/27/12 Page 4 of 11 PagelD: 4 SECTION 1983 EXCESSIVE FORCE COUNT ONE 1. The previous paragraphs are incorporated herein inclusively as if fully set forth. 2. As a direct and proximate result of the above-referenced unlawful and malicious physical abuse of Plaintiff by Defendants Roemmele, MaoFarlane and/or John Does 1-5 committed under color of state law, Plaintiff sustained bodily harm and was deprived of his rights to be secure in his person against unreasonable seizure of his person, in violation of the Fourth and Fourteenth Amendments of the Constitution of the United States and U.S.C. Section 1983. 3. As a direct and proximate cause of the malicious and outrageous conduct of Defendants as set forth above, Plaintiff suffered bodily injuries; emotional distress; medical expenses; lost wages, and will suffer additional special damages in the future in an amount which cannot yet be determined. WHEREFORE, Plaintiff George Hatze demands judgment against Defendants Richard Roemmele; Robert MeoFarlane and John Does 1-5, on this Count together with compensatory and punitive damages, attorney?s fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just. SECTION 1983 FAILURE TO ENTERVENE COUNT TWO 1. The previous paragraphs are incorporated herein inclusively as if fully set forth. 2. Defendants MaoFarlane and/or John Does 1-5 were Seaside Heights Police Of?cers and at all times mentioned herein were acting under color of state law. 3. Defendants MaoFarlane and/or John Does 1-5 had a, duty to intervene in the unjusti?ed assault of Plaintiff by Defendants MacFarlane and/or John Does 1-5. 10/09/2012 TUE 13318 FAX 7321805002 MBllOl?l 61 Tranger Law a?b?t archangel .013/024 Case Document 1 Filed 09/27/12 Page 5 of 11 PagelD: 5 4. The unjusti?ed assault of Plaintiff by Defendants MaeFarlane and/or John Does 1-5 deprived Plaintiff of his right to be secure in his person against unreasonable seizure in violation of the Fourth and Fourteenth Amendments of the Constitution of the United States and made actionable through 42 U.S.C. Section 1983. 5. Defendants MacFarlane- and/or John Does 1-5 had a reasonable opportunity to intervene in the unjusti?ed assault of Plaintiff by Defendants MacFarlane and/or John Does 1-5 and failed to intervene. 6. As a direct and proximate cause of Defendants? MacFarlane and/or John Does 1-5 failure to intervene, Plaintiff suffered physical injury; emotional distress; lost wages, and medical expenses and will suffer additional Special damages in the ?tters in an amount which cannot yet be determined. WHEREFORE, Plaintiff George Hatze demands judgment against Defendants Robert MacFarlane and John Does 1~5 on this Count together with compensatory and punitive damages, attorney?s fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just. SECTION 1983 SUPERVISORY LIABILITY COUNT THREE 1. The previous paragraphs are incorporated herein inclusively as if fully set forth. 2. Defendants Richard Roemmele, John Doe 2 and/or John Does 6-10 were supervisory of?cials and/or officers in charge at the time Plaintiff was arrested and assaulted. 3. Defendants Roemmele, John Doe 2 and/or John Does 6-10 had a duty to prevent subordinate of?cers Defendants Roernmele, MacFarlane and/or John Does 1-5 from violating the constitutional rights of citizens and/or arrestees. 10/09/2012 TUE 13218 FAX 7322805002 Mellon 6i Tranger Law archangel .019/024 Case Document 1 09/27/12 Page 6 of11 PageID: 6 4. Defendants Roemmele, John Doe 2 and/or John Does 6-10 either directed Defendants Roemmele, MacFarlane and/or John Boos 1-5 to violate Plaintiff?s constitutional rights or had knowledge of and acquiesced in his/their subordinates violations. 5. As a direct and proximate result of the acts of Defendants Roemmele, John Doc 2 and/or John Does 6~10 as set forth herein, Plaintiff suffered physical injury; emotional distress; lost wages, and medical expenses, and will suffer additional special damages in the future in an amount which cannot yet be determined in connection with the deprivation of his constitutional rights guaranteed by the Fourth and Fourteenth Amendments to the Constitution of the United States and protected by 42 U.S.C. Section 1983. WHEREFORE, Plaintiff George Hatze demands judgment against Defendants Richard Roemmele, John Doe 2 and/or John Does 6-10 on this Count together with compensatory and punitive damages, attorney?s fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just. SECTION 1983 UNLAWFUL CUSTOM, PRACTICE, INADEQUATE TRAINING COUNT FOUR 1. The previous paragraphs are incorporated herein inclusively as if fully set forth. 2. Defendants Borough of Seaside Heights Police Department; Boyd; Kennan; Hans; Roemmele, and/or John Does 6?10, are vested by state law with the authority to make policy on the use of force; internal affairs investigations and/or administrative reviews pursuant to Seaside Heights Police Department policies, practices and/or customs and/or the New Jersey Attorney General?s Use of Force and! or Internal Affairs Guidelines; (2) effectuating arrests; (3) police citizen encOunters, and/or (4) disciplining of?cers. Defendants Boyd; Korman; Hans; Roemmele, and/or John Does 6- 10 are responsible for training Police Of?cers in the use of force and/or were officers 10/09/2012 TUE 13:19 FAX 7327805002 Mellon 5: Tranger Law archangel [020/024 Case Document 1 Filed 09/27l12 Page 7 Of 11 PagelD: 7 in charge when Plaintiff George Hatze was assaulted. 3. Speci?cally, Defendant Thomas Boyd is the Chief of Police. Defendant Stephen Korman is the Seaside Heights police department Internal Affairs investigator. Defendant James Hans is the Seaside Heights police department Use of Force instructor. Defendant Richard Roemmele was a supervisor and/or the of?cer in charge at the time of Plaintiff?s arrest. 4. At all times mentioned herein, Defendants Boyd; Kormau; Hans: Roommele, and/or John Does 10, as police of?cers, agents, servants and/or employees of Defendant Borough of Seaside Heights, were acting under the direction and. control of Defendants Borough of Seaside Heights Police Department; Boyd; Korman; Hans; Roemmele, and/or John Does 640, and were acting pursuant to the of?cial policy, practice or custom of the Borough of Seaside Heights Police Department. 5. Acting under color of law pursuant to of?cial policy, practice, or custom, Defendants Borough of Seaside Heights; Boyd; Korman; Hans; Roommele, and/or John Does 6-10 intentionally, knowingly, recklessly and/or with deliberate indifference failed to train, instruct, supervise, control, and discipline on a continuing basis, Defendants Boyd; Korman; Hans; Roemmele, MacFarlane, and/or John Does l~10 in their duties to refrain from: unlawfully and maliciously assaulting, arresting and harassing citizens; (2) intentionally, recklessly and/or negligently misrepresenting the facts of arrests and/or other police?citizen encounters; (3) falsifying police and/or other of?cial records; (4) Withholding and/or mishandling evidence; (5) making false arrests, and/or (6) using unreasonable and excessive force. i 6. Acting under color of law pursuant to official policy, practice, or custom, Defendants Borough of Seaside Heights, Boyd; Korman; Roernelle, and/or John Does 6-10 intentionally, knowingly, recklessly and/or with deliberate indifference implemented and/or conducted Super?cial 10/09/2012 TUE 13:19 FAX 73271805002 Mellon a Tranger Law arehangel [021/024 1 Case Document]. Filed 09/27/12 Page 8 of 11 PagelD: 8 and shallow Internal Affairs processes which ignored evidence and patterns of police misconduct on individual and departmental levels. Defendants Borough of Seaside Heights, Boyd; Korman, and/or John Does 6-10 failed to professionally, objectively and/or expeditiously investigate instances and patterns of police misconduct in violation of the spirit and substance of the New Jersey Attorney General?s Guidelines for Internal Affairs Policy and Procedures. 7. Defendants Boyd; Korman; Hans; Roemmele; John Doc 2 and/or John Does 6-10 failed to adequately track departmental excessive force complaints, administrative complaints and/or use of force incidents in violation of Seaside Heights Police Department policies, practices, customs and/or guidelines and/or the New Jersey Attorney General's Use of Force and/or Internal Affairs Guidelines, and/or failed to discipline of?cers for such violations. 8. Defendants Borough of Seaside Heights; Thomas Boyd; Stephen Korman; James Hans; Richard Roemmele, and/or John Does 6- 10 were aware of numerous similar police citizen encounters involving, and/0r Internal Affairs complaints ?led against, Defendants Roemmele; MacFarlane; John Does 1-10, and/or other Seaside Heights Police Of?cers whereby they customarily and frequently subjected citizens held in custody to physical and mental abuse; unlaw?illy and maliciously assaulted, arrested and harassed citizens; intentionally, recklessly and/or negligently misrepresented the facts of attests and/or other police-citizen encounters; falsi?ed police and/or other of?cial records; made false arrests, mishandled and/or withheld evidence and/or used unreasonable and excessive force on citizens/arrestees. 9. Despite their awareness, Defendants Borough of Seaside Heights; Boyd; Korman; Hans; Roemmele, and/or John Does 6? 1 0 failed to employ any type ofoorrective or disciplinary measures against Defendants Boyd; Korman; Hans; Roemmele; MacFarlane; John Does 1-10, and/or other Seaside Heights Police Of?cers. 10/09/2012 TUE 13:19 FAX 7327805002 Mellon Tranger Law archangel [022/024 - Case Document 1 Filed 09/27/12 Page 9 of 11 PagelD: 9 10. Defendants Borough of Seaside Heights; Boyd; Korman; Hans; Roemmcle, and/or John Does 6-10 had knowledge of, or, had they diligently exercised their duties to instruct, train, supervise, control, and discipline Defendants Boyd; Konnan; Hans; Roemmele; acFarlane, and/or John Does 1-10 on a continuing basis, should have had knowledge that the wrongs which were done, as heretofore alleged, were about to be committed. 11. Defendants Borough of Seaside Heights; Boyd; Konnan; Hans; Roemmele, and/0r John Does 6-10 had power to prevent or aid in preventing the commission of said wrongs, could have done so by reasonable diligence, and intentionally, knowingly, recklessly and/or with deliberate indifference failed to do so. 12. Defendants Borough of Seaside Heights; Boyd; Kormsn; Hans; Roemmele, and/or John Does 6-10, directly or indirectly, under color of state law, approved or ratified the unlawful, deliberate, malicious, reckless, and wanton conduct of Defendants Boyd; Korman; Hans; Roemmele; MacFarlane, and/or John Does l-lO heretofore described. 13. As a direct and proximate result of the acts of Defendants Borough of Seaside Heights: Boyd; Korman; Hans; Roemmele, and/or John Does 6-10 as set forth herein, Plaintiff suffered physical injury; emotional distress; lost wages, and medical expenses, and will suffer additional special damages in the future in an amount which cannot yet be detennlned in connection with the deprivation of his constitutional rights guaranteed by the Fourth and curteenth Amendments to the Constitution of the United States and protected by 42 U.S.C. Section 1983. WHEREFORE, Plaintiff George I?Iatze demands judgment against Defendants Borough of Seaside Heights; Thomas Boyd; Stephen Korman; James Hans; Richard Roemmele, and/or John Does 6-10, on this Count together with compensatory and punitive damages, attorney?s fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just. 10/09/2012 TUE 13:19 FAX 7327805002 Mellon a Tranger Law archangel [023/024 Case Document 1 Flled 09/27/12 Page 10 of 11 PagelD: 10 ECTION 1983 DEMAND FOR PROSPECTIVE INJ NCTIVE RELIEF l. The previous paragraphs are incorporated herein inclusively as if fully set forth. 2. Pursuant to 42 USC Section 1983, given that there exists no adequate remedy at law, Plaintiff is entitled to prospective injunctive relief against the Defendants. 3. The relief sought by Plaintiff includes, but is not limited to, the following: a. An order permanently restraining and enjoining Defendants Borough of Seaside Heights; Thomas Boyd; Stephen Korman; James Hans; Richard Robert MacFarlane, and John Does 1-10 from engaging in, encouraging, teaching, promoting or training Seaside Heights Police Of?cers in falsely arresting, maliciously prosecuting, maliciously abusing process, and/or using excessive force against citizens and/or arrestees. b. An order compelling Defendant Borough of Seaside Heights to take prompt, appropriate and corrective measures to prevent any practices that encourage, teach, engage in, promote or train its of?cers in falsely arresting, maliciously prosecuting, maliciously abusing process and/or using excessive force against citizens and/or arrestees. 0. An order compelling Defendant Borough of Seaside Heights to provide regular and consistent training sessions to Seaside Heights Police Of?cers. d. An order compelling Defendant Borough of Seaside Heights to implement a system whereby prompt, appropriate action is taken against any Seaside Heights Police Officer who engages in, teaches and/or condones falsely arresting, maliciously prosecuting, maliciously abusing process and/or using excessive force against citizens and/or anestces. c. An order permanently restraining and enjoining Defendants Roemmele, MacFarlane and/or John Does 1-5 from arresting citizens without adequate probable cause, physically abusing and using excessive force against citizens and! or arrestees. f. An order permanently restraining and enjoining Defendant Borough of Seaside Heights from employing Defendants Roemmele, MacFarlane and/or John Does 1-10 as police officers or law enforcement personnel in any capacity except for clerical duty, solely and entirely con?ning them to Police headquarters and limiting them entirely to desk duty; enjoining Defendants Roemmele, MacFarlane and/or John Does 1-10 from any patrol duty, and oining Defendants Roemmele, MacFarlane and John Does 1-10 from making arrests, assisting in making arrests and using any force in making arrests and/or assisting in making arrests. 10/09/2012 TUE 13:19 FAX 732,7805002 Mellon Err-anger Lew archangel load/024 . Case 1 Filed 09/27/12 Page 11 Of 11 Page-ID: 11 g. Any other relief as the Court deems preper and just. WHEREFORE, Plaintiff George-Hinze demands judgment against Defendants Borough of Seaside Heights; Thomas Boyd; Stephen James Hans; Richard Roemmele; Robert MacFarlsne, and/or John Does 1- 10 on this Count, together with compensatory and punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just. DEMAND FOR TRIAL BY JURY Plaintiff hereby demands a trial by jury as to all issues. DESIGNATION 0F TRIAL COUNSEL Please be advised that Thomas J. Mellon, Esquire is hereby designated trial counsel in the above captioned matter. Dated: September 27, 2012 Thomas J. Mellon, Esquire THOMAS J. MALLON, ESQUIRE RELEASE AND SETTLEMENT AGREEMENT THIS RELEASE, dated. 572 I [/4213 given by GEORGE HATER, referrad. to ass-"I"; to BOROUGH 01? SEASIDE HEIGHTS, THOMAS BOYD, STEPHEN KORMAN, SERGEANT JAMES HANS, ROBERT VINCENT RUSSELL MOLLER, RICHARD NOVOTNY AND JOSEPH and their agents and employees,- referred. to as ?You?. 'If' m?i'e than One pgarson signs this, Release, shall mean each ?yjersdn Who Signs this Raleasc. 1.. RELEASE. I re?lesaS?..and. gi?e 'up any and allolaimmnd rights which Imayhave agai'nslt ?y?ou. This releases anyand all claims, af?wh'ich I a?m-no?t. aware and "those not memione'd in this ReleaSc; This. Releas? applibj? to Claims. resulting from anything which has happenedup IQHQW, and to. future.? claims?as. deScribied below. I specifically rel'casq-all claims from personal injuries, both phy?'wa] and em'oticbn a1, and all 103st and damages, including punitive damages; allegedly $13ng from acts omissions by the BOROUGH OF SEASIDE HEIGHTS, THOMAS BOYD, JAMES HANS, ROBERT- MACFARLANE, VINCENT CAPETTE, RUSSELLMOLLER, RICHARD JOSEPH and their ?agents and employees, for the wants occurring" on and about July 4,120.12 which subjecgt pflawsuit in HATZEV. ET AL, Civil Action. N0?12r60'6r7 (ELW-LHG), and any and all claims ?017 permna'l injuries and all other.? "damages arid. losses, inaludihg punitive damages, alleged in the Future? as a? result of the aCtjs-or omissibns. of {he BOROUGH OF HEIGHTS, THOMAS STEPHEN XOR-MANISERGEANT VINCENT CAPETTE, RUSSELL MOLLER, RICHARD NOVOTNY AND JOSEPH 01+" AL. Civil Action I farther understand and agree that. by.- execu?rig: this Release and ac?ce?tlnguthe' money paid by. you, I acknowle?'g?a'th?at Ifhave 'l'e'ae'ivad fair, just, and for any and all claims, and If?'rther understand and that: by'execming,'lhis Releasa Ilia money paid by you Thin/e forever nemiscd, releasad, discharged, and given up. any and all claims that or might, have aglai-nstyou'arising from orzalleged f'toarlsc act's or omissions by the? THOMAS BOYD, STEPHEN JAMES HAN-s, ROBERT MACFARLANE, VINCENT CAPETTE, RUSSELL MOLLER, RICHARD INOVOTNY AND JOSEPH. and their agents and EmpIOye?s 5:13. described above; I finlher -underscf?jznd}and agree. that if are madam any time in the: futune? by me, directly or layer on behalf ?of GEORGE hells andi/Qr?s?urvivors, '02" by some person in a f'd?r packmiary?las'ses, injuries ordamag?m arising from thecurl?ent much. ag?aln?t; yam, that you shall be Entitled t0 by heirs, executors:a administrators, orperSonal repl?escntativcs, for any 311an in deli'en?lmg against said claims including, but not limited to, atlomeys? fe?s ?ndall costs of .su'it tog?ther With any ?oijdgmenb, settlement,- or. othelwise. on account of those It'ii?s further understood andsagree'dth'at'the payment of 'themone?y being p?aid pursuant. t9 this Release'is in f-u'll 'a'ccd't?d and in campromise? of, any and all 'diSputed claims, and that the payment of themoncy'is natan admissionpf. liability but is made for the sole purpose, of terminating ?th?e litigation between the pa?rfies.. 1n the: swam I have received or shall receive: any m6nle$ from any person who llereaftei? seeks tolrecover the monies from ymu by? Way'of a. claim or'acti?on of any-type, inclu?di?ng. but not limited to su'bmgatl'on actions and claims and actions or claims; for and/01' in clanm'ificeltign, indemnify, and hold you harmless frOm?and against any/judgment entered against. you: or any payment made by you in. connection therewith, and .also for any money spent. in' defending against onh?vclai'ms including but?n?ot limited to, attorney?s fees, costs of suit, judgment, or settlement. by you. 2. I hereby- certify that if there are any liens against the proceeds of this settlement, they will he paid in full or'eompromisecl and released by me 'outzof and from the?a'mounl' Stated in paragraph 4, below If any liens exist which are hot Satis?ed as 'requireti 'by this? Agreement and .ela'imi's made or an aetion ?led against. you by-enyoneto enforce such liens, agree that I will immediately pay such liens in full. This?is?ntendeci to include all not limited to attorney-"s liens; lime in favor of hespii?als and Other medical providers, liens in favor of health and other insurers, Medicare arid Medicaid liens; werlte'r?s compensation liens, all statutory or common law liens, and judgment liens. My attoi'ney has-investigatedthe eiisrenee'of sueh? liens, em I. am making this; Statement. based upon information known to me and/or" Sugplied to me hymy attorney Therefore, 1 agree totindemniify and hold you harmless fromian'd against any andufall oleims made againSt yeu'b?y reason of any liens aggiiniat thoprooeedsof?ih?is, Settlement. in addition, in the event a claim is hereafter made or an aorion is hereafter filed against you by anyone seeking payment of" liens!t Iwill? indemnifyehd?hold you hm'mlees? from 'a?ndag?airmt' in defendi?ngiagagirtst such a?olaim, including-hut :not limited fees, cos-ts of?suiti judgment, oreettlement by you. WARRANTY AS TO MEDICARE INVOLVEMENT. I. understand and aokneinedge "that the MediCare-, Medicaid "and SCHIP .Eict?ensim Act 015.1200? requires the reporting todesignated.representativesof Medicare any settlement in- which; allfuture? cl aims are i?eleased and the injured'party is Mediow?e?hene?eiary or has the: potential to be eligibleixfor Medieare benefits within thirty months In further cons-iderationof the settlement. agreement agreed represent to YOU the folloWlng': Mediciare has made- no; conditional payments ?for ac}? medical (ex-perigee? prescription eXpens'c on my behalf related to ?this incident; am not, nor havegl everbeen qudicare bene?ciary; 3) I currently receiving.- Scciai ?Security Disability Bene?ts; have not applied for 36101611 Security Disability Benefits; 5) have net been I appealedfrom a denial of Social SEcWity?DiSability Bene?ts; .6): I do not expect lobe eligible for Medicare bene?ts? Within the new 30 months; li aim-11min End Stage Renal failure;- and no liens, including but not limited to liens for medical. treatments by? hospitals, phy?icians, 0r cf any?kind. have been filed for the treatment 01-" injuries sustained in this incident. 4. FEES. Each hear his or fccs'and fiction -2?3?nd ?in connection With the the Release, and the, mat?crs and documents referred to herein, the filing of. a Dismissal of-theCom?plaint, and all related matters. I shall be for any attorney?s liens-arising cm .b?f'repregentation ofme by any attorney which may have been or will be asserted in connection withihji?c claimcr related "matters. 5. PAYMENT. (have been paid a" total full payment for makingihis Release, with said payment represented as fellows; $500,000 fromtheBOROUG-H OF-SEASIDE HEIGHTS, Iagl?ee that [will n'O?t. seek anything further, including any other payment, .fromjycu. WHO IS BOUND. Iain boUnd'by this release. I speci?cally understand and. agree: theitell of the terms and conditions of the Release are for the benefit .?Qf and arehindi?ng upon me, and anyone else who succeeds to outrights and. responsibilities. This. Release. is made fcr?your bene?t "and ?for the, benefit (if. all who succeed to your rights-and responsibilities. .such as wurlhe'irs- and?yqur estate. WARRANTY OF CAPACITY EXECUTE The. person signi'ngihisRelea?Se represents andwarnants, that they right and excluslVe authority-to eXeout?e?t?his Settlement Agreement and sum spotti?ed inn, and that?he? or she, hadlno sold, assigned, 't?rangfe'l?r?d, conveyedt or otherwise disposed of any of the claims, demands. obligations, or causes of action referred to in this, Release. REPRESENTATION OF COIMPREHENSION 012* DOCUMENT. In cumin into this-Release, 1' represent that 1' have relied uponlthe legal advice .of my attorney, who is the altomeypf? my choice, andithatl have read this Release in?li't's entirety or. had it'read'tomej, ahdl?hat the terms of'this ReleaSe- have been explained to me by myatto?mey, and that these terms at?efullz'y unclerSLood and voluntarily accepted by me. 9.. GOVERNING LAW.. This Release shall be 60nst1'tled and interpreted i'11Pat?cor'danoe with..tl.1elaw.s of thee-'S'tate'o'f New Jersey. .l 0 ADDITIONAL DOCUMENTS: All parties: agree to? COOPerate fully and to ey'cecu?te any and all supplement-any document's and to lake-all action which may be necessary '01: appropriate to gjyeful] force and effect to the terms and intent of-this Release.- .11.. .1, including, my respective counsel, stipulate that the. settlement of?this action and title Release-atom 1. Shall- not disclose the amount of the settlement or?the- terms hereof to any person nor discuss or confirm the same wit-11- any'person, except my and/01' tax profe?tisi 011211 1,.agree? that lam reSpOQSiblefof inem'ing that my spo'tise and tax professional understand and comply with this confidentiality provision. I and my counsel agreenot to Contact. themed-la or make any press-release. regetding the reSqul'ion ofthis? matter. In. the event. 1am portion regarding thew?l?thin litigation or this settlement, I Shall State that ?the matter'hes been resolved.? and. that I have In the event II. receive subpee'na'er (101111. order regarding the terms of . 1111?s settlement, i shall provide 11111 ?With .211 11215.1 10 days complying with said subpoena 013001111. e1?der._ {acknowledge that, youymay-b?e. required'te: diseiese Settlement, under the Open Public Rec-mes NJ SA . 01? 01111111212111 err-.eeurt 0112161., Any such disciesure by you pursuant to. 0.1 other law er- court greet, 5112111 not- operate as a waiver of the con?dentiality this settlement. 1101 shall it relieve me of my ebi?igaLien to with the terms of this paragraph 11717 01111 1/5111:me 1" 0i P1a11111ff . 331 1 -W WW1 inertii?yth'zne'n I Gm??a: 15%727?3 enmebefme me. and acknowledge ?under oath 10 my satisfaction that; he/she has the power anti authoiity 1e execute this release and to bind and that he/she pelsena?lly signed this- document 111111111111 h'e/She veiunimily signed sealed and delivered this (1061111161111 215- 1111111121: @111 deed without melanin 01? undue In. in?uence by any, other persen(s).