Lakewood Township officials have decided to use taxpayer funds to defend Detectives Tyler Distefano, Alex Guzman Jr., and James Machecha who have been slammed with a massive federal lawsuit revealing violations of the Fourth and Fourteenth Amendments, FAA News has learned.
According to the complaint filed in U.S. District Court of New Jersey by Freehold Attorney Thomas J. Mallon, Esq.:
On or about January 25th, 2024, at approximately 7:30 p.m., Whiting resident Laurie Manzi met with a former boyfriend, Marco, who is an African American male, at her place of employment on Route 9 in Lakewood.
Manzi and Marco went to Lake Carasaljo in Plain's car, where the two spoke for approximately a couple of hours. The weather was cold and rainy. Marco wanted to talk because he had just returned from Florida to visit his mother and he was upset because she was ill.
Manzi took Marco back to his car, which was parked on Manetta Lane. Manetta Lane is across Route 9 and across the street from Manzi's place of employment. Manzi parked next to Marco’s car, the two spoke for another 5 to 10 minutes and Marco got into his truck and drove away. Manzi pulled away and an SUV followed close behind her out of the parking lot.
Manzi turned right on James Street and passed some pedestrians crossing the street. She then turned left on William Street, heading towards Route 70.
The SUV activated flashing lights as soon as Manzi made the turn.
Manzi pulled over. Detective Distefano got out of the SUV and approached her driver’s side window. Detectives Guzman and Machecha surrounded Manzi's car and shone their flashlights inside the vehicle.
Det. Distefano took Manzi's credentials. She asked why she had been pulled over and he replied “when I get back.” Det. Distefano returned a few minutes later and told her that he had pulled her over “because [she] almost took out two kids in the crosswalk.”
Manzi responded: “ I thought you were on top of me and were going to hit me and I made sure that the pedestrians in the crosswalk were far enough across when I made the turn.”
Det. Distefano conferred with Det. Guzman and Machecha and then ordered Manzi out of the car.
Manzi complied and Det. Distefano began questioning her. He asked her what she had been doing parked on Manetta Lane and who had been in the car with her. Manzi explained that Marco was a former boyfriend and that she had met with him to talk because he had returned from visiting his mother in Florida and was upset because she was ill. She also explained that she worked across the street.
Det. Distefano asked her “how do we know that you work there?” She told him to call Chief of Police Greg Meyer or other officers she knew and her employer, who could vouch for her. Det. Distefano refused and said “we know people too.”
Manzi was wet and cold standing outside of her vehicle and told them that she wanted to wait in her car. As she went towards the car, the officers handcuffed her and asked for her consent to search her car. She refused.
Det. Distefano then told her “you have two choices, you can either sign a consent form and let us search your car or we can get the dogs and you're going to stay here.”
Manzi responded that this was an instance of racial profiling and that the reason they had stopped her was because Marco, who was African American, had gotten out of her car.
Faced with having to stand handcuffed in the cold and rain for an indeterminate period of time while the officers summoned a K9 unit, Manzi relented and signed the consent form.
The officers searched the car and found nothing of an incriminating nature.
Despite her not consenting to same, the officers also summoned a female police officer to come and search her. The female officer patted her down and found nothing of an incriminating nature.
At the conclusion of the search, Defendant Distefano returned her credentials, said “sorry for the inconvenience” and she was allowed to leave.
Manzi was never issued any criminal complaints, tickets or summonses.
She subsequently filed an Internal Affairs Complaint against Det. Distefano, Guzman, and Machecha. Lakewood Township Police Department’s Internal Affairs Bureau concluded that Det. Distefano and Guzman violated department rules and regulations during their interaction with Manzi.
The 5-count complaint contends the following violations:
i) Section 1983 illegal search and seizure - the acts of initiating a motor vehicle stop of Plaintiff; detaining her; handcuffing and searching her, and searching her vehicle, committed under color of state law, were unjustified, without probable cause, reasonable suspicion or any other exception to the warrant requirements under the Fourth and Fourteenth Amendments of the Constitution of the United States.
ii) Section 1983 false arrest
iii) Section 1983 supervisor liability - Chief Meyer had a duty to prevent the subordinate officers from violating the constitutional rights of citizens and/or detainees. Meyer either directed the officers to violate Plaintiff’s constitutional rights or had knowledge of and acquiesced in his/their subordinate’s violations.
iv) Section 1983 unlawful policy, custom, practice/ inadequate training - The Township and Chief Meyer intentionally, knowingly, recklessly and/or with deliberate indifference failed to train, instruct, supervise, control, and discipline on a continuing basis, Det. Distefano; Guzman; and Machecha, in their duties to refrain from illegally conducting motor vehicle stops, seizing and searching citizens, making false arrests without probable cause, and/or using unreasonable and excessive force.
v) Violation of the New Jersey Civil Rights Act (NJCRA) - The detectives' actions, acting under color of state law and/or in their individual capacities set forth at length above, deprived plaintiff of her rights secured by the Constitution of the United States and the Constitution of the State of New Jersey, in violation of the New Jersey Civil Rights Act.
As a direct and proximate cause of conduct of Defendants set forth above, Plaintiff was deprived of her constitutional rights; sustained emotional distress, and will incur additional special damages in the future in an amount which cannot yet be determined.
The suit, which demands a trial by jury as to all issues, demands judgment against the Township of Lakewood, as well as Chief of Police Greg Meyer and Detectives Tyler Distefano, Alex Guzman, and James Machecha, for 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.
Township officials have decided to use taxpayer funds to defend the officers in this litigation. The Township has just retained Attorney Michael Nagurka Esq. to defend the officers.
Magistrate Judge J. Brendan Day has scheduled an initial conference to be held on November 26.
As first reported here on FAA News, Det. Sgt. Tyler Distefano has been busted before on body camera footage violating a frum residents' constitutional rights - at 2am! When asked to explain his actions, Distefano responded only "ask your attorney, he'll explain it to you."
The Lakewood police department overall has some troubling history, for which Township taxpayers are forking up legal fees.
As first reported here on FAA News, the police department remains in heavy litigation filed after Guzman's father - who serves in the Traffic Safety unit - caused a car crash while speeding in an unmarked police car right through a red light - all while using his cell phone.
As previously reported here on FAA News, the Department, as well as Communications Division Captain Thomas Langenberger, Township Manager Patrick Donnelly, and Township COO Patricia Komsa who have been slammed with a Civil Rights complaint over allegations of racism and retaliation.
As previously reported here and here on FAA News, the department remains in two contentious lawsuits over a three-way car crash caused by Officer Matthew T. McKee.
As previously reported here on FAA News, the Department is accused of violating federal law by denying an Orthodox Jewish man a religious accommodation on Shabbos.
As also reported here on FAA News, the Department is accused of bias in the application process.
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1 comment:
Some places in the US, and there was a campaign in neptune nj to require Police to carry their own luabiluty insurance as a deterrent.
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