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HINSON SNIPES, LLP


Princeton Forrestal Village
116 Village Boulevard, Suite 307
Princeton, New Jersey 08540
By: Tracey C. Hinson, Esquire
Attorney ID#: 034542002
(609) 452-7333 / Fax (609) 452-7332
Attorney for Plaintiff Christopher J. Cuneo

UNITED STATES DISTRICT COURT


DISTRICT OF NEW JERSEY

CHRISTOPHER J. CUNEO, CIVIL ACTION NO.

Plaintiff,
CIVIL ACTION
vs.
COMPLAINT and JURY DEMAND
TOWNSHIP OF WEST DEPTFORD, CHIEF
SAMUEL DiSIMONE in his
Individual and Official
capacity, JAMES A. CREEDON, in
his Individual and official
capacity, CHARLES R. SVENSON in
his Individual and Official
capacity, SERGEANT KEVIN R.
DONAHUE in his Individual and
Official capacity, LIEUTENANT
JOHN CHAMBERS in his Individual
and Official capacity, JOHN DOE
POLICE OFFICERS 1-20 and JOHN
DOE SGTS/CHIEFS AND SUPERVISORS
21-40,
Defendants.

Plaintiff, CHRISTOPHER J. CUNEO (MR. CUNEO), by way of

complaint against Defendants says:

PRELIMINARY STATEMENT

1. This Complaint, arising from the egregious, outrageous,


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and unlawful acts of members of Defendant WEST DEPTFORD

TOWNSHIPS Police Department, seeks compensatory and punitive

damages and other relief pursuant to applicable state and federal

civil rights law, specifically for the violation of MR. CUNEOS

rights, privileges and immunities as guaranteed by the Fourth and

Fourteenth Amendments to the Constitution of the United States

and in violation of U.S.C. 1983 and 1988 and the New Jersey

Civil Rights Act, N.J.S.A. 10:6-1 to 2, among other common law

and statutory rights. Claims on behalf of MR. CUNEO, is also

brought pursuant to N.J.S.A. 59:8-1 et seq., among other common

laws and statutory rights.

2. On July 18, 2015, MR. CUNEO attended a party at the

Apple Lane residence of his friend Sebastian Forbes.

3. West Deptford Police Officers Defendants JAMES A.

CREEDON (CREEDON) and CHARLES RICHARD SVENSON (SVENSON) were

dispatched to Mr. Forbes address for an alleged noise complaint.

4. Upon arrival at the home, Defendants CREEDON and

SVENSON entered Mr. Forbes home without a warrant or consent

where they physically assaulted and severely beat MR. CUNEO

without justification or provocation. The beating left MR. CUNEO

unconscious and with injuries so severe, he was transported from

the scene to Cooper University Hospital where he received

stitches to close a large gash on his face and the inside of his

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mouth.

5. MR. CUNEO was then arrested and charged with various

offenses.

6. The brutal beating and the illegal use of excessive

force on MR. CUNEO by Defendants CREEDON and SVENSON and the

subsequent cover up of the incident by Defendant WEST DEPTFORD

TOWNSHIP and its Police Department, was not an isolated or

aberrational incident. It was the direct result of systemic

deficiencies in the training, supervision and discipline of WEST

DEPTFORD TOWNSHIP Police Officers, including Defendants CREEDON

and SVENSON, that began long before the brutal physical assault

of MR. CUNEO and continue to this day.

7. Defendant WEST DEPTFORD TOWNSHIP, acting through its

Police Department, developed, implemented, enforced, encouraged

and sanctioned a de facto policy, practice and/or custom of the

use of unreasonable and excessive force on citizens and coverup

of these instances misconduct by its officers.

8. Defendant WEST DEPTFORD TOWNSHIP, its Police

Department, and the individually named Defendants engaged in a

massive coverup of the incident and failed to adequately

investigate the brutal beating of MR. CUNEO or take appropriate

disciplinary action against Defendants CREEDON and SVENSON

despite their knowledge of CREEDON and SVENSONS illegal conduct

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and numerous prior allegations of misconduct and the use of

excessive force against these Defendants and other officers

employed by Defendant WEST DEPTFORD TOWNSHIP.

9. MR. CUNEO seeks to vindicate his right to be free of

the use of illegal and excessive force under the United States

and New Jersey State Constitution, 42 U.S.C. 1983 & 1988;

the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to 2, and other

common law and statutory rights.

THE PARTIES

10. MR. CUNEO is a citizen of the United States. He is and

was at all times relevant, a resident of the State of New Jersey.

11. Defendant WEST DEPTFORD TOWNSHIP (TOWNSHIP), is a

municipal corporation duly incorporated and authorized under the

laws of the State of New Jersey. The TOWNSHIP is authorized under

the laws of the State of New Jersey to maintain a police

department, the West Deptford Police Department, which acts as

its agent in the area of law enforcement and for which it is

ultimately responsible. The TOWNSHIP assumes the risks incidental

to the maintenance of its police force and the employment of its

police officers.

12. Defendant TOWNSHIP OF WEST DEPTFORD was, at all times

relevant, responsible for policy making, hiring, supervision,

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training, control and retention of the individually named

Defendants.

13. Defendant CHIEF SAMUEL DiSIMONE (DiSIMONE), is and

was at all times relevant, the Chief of the West Deptford Police

Department, a municipal agency of the Township, and was

responsible for implementation of the practices, policies and

customs which resulted in the deprivation of MR. CUNEOS

Constitutional rights. He is sued in his official and individual

capacity.

14. Defendants CREEDON, is and was, at all times relevant,

an officer, employee, and agent of the West Deptford Police

Department, a municipal agency of Defendant TOWNSHIP OF WEST

DEPTFORD. He is sued in his individual and official capacity.

15. Defendant SVENSON, is and was, at all times relevant,

an officer, employee, and agent of the West Deptford Police

Department, a municipal agency of Defendant TOWNSHIP OF WEST

DEPTFORD. He is sued in his individual and official capacity.

16. Defendant DONAHUE, is and was, at all time relevant, a

Sergeant, employee, and agent of the West Deptford Police

Department, a municipal agency of Defendant TOWNSHIP OF WEST

DEPTFORD. He is sued in his individual and official capacity.

17. Defendant CHAMBERS, is and was, at all time relevant, a

Lieutenant, employee, and agent of the West Deptford Police

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Department, a municipal agency of Defendant TOWNSHIP OF WEST

DEPTFORD. He is sued in his individual and official capacity

18. Defendants JOHN DOE POLICE OFFICERS 1-20 and JOHN DOE

SERGEANTS/CHIEFS AND SUPERVISORS 21-40, are and were, at all

times relevant, officers, lieutenants, chiefs, captains,

supervisors, directors, officers, principals, partners,

employees, boards, board members, representatives or agents of

the TOWNSHIP OF WEST DEPTFORD and its Police Department, and any

other individual, entity, company, or corporation, whose actual

identities are presently unknown, who were acting in the capacity

of agents, servants, and employees of Defendant TOWNSHIP OF WEST

DEPTFORD, and any other individual, entity, company, or

corporation, whose actual identities are presently unknown, who

were acting within the scope of their employment and whose

actions assisted and/or contributed to the unlawful,

unconstitutional and tortious conduct that resulted in

CHRISTOPHER CUNEOS injuries and damages. They are sued in their

individual and official capacities.

19. Defendants DISIMONE, CREEDON, SVENSON, DONAHUE,

CHMABERS, and JOHN DOE POLICE OFFICERS 1-20 and JOHN DOE

SERGEANTS/CHIEFS AND SUPERVISORS 21-40, were at all times

relevant, on duty with the West Deptford Police Department on

July 18, 2015.

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20. At all times relevant herein, Defendants DISIMONE,

CREEDON, SVENSON, DONAHUE, CHMABERS, and JOHN DOE POLICE OFFICERS

1-20 and JOHN DOE SERGEANTS/CHIEFS AND SUPERVISORS 21-40, were

acting under the color of state law in the course and scope of

their duties and functions as agents, employees and officers of

Defendant TOWNSHIP OF WEST DEPTFORD in engaging in the conduct

described herein.

21. At all times relevant herein, the individual Defendants

acted for and on behalf of Defendant TOWNSHIP OF WEST DEPTFORD

with the power and authority vested in them as officers, agents

and employees of the TOWNSHIP and incident to the pursuit of

their duties as officers, employees and agents of Defendant

TOWNSHIP.

22. Defendant Chief, Police Officers, Sergeants,

Lieutenants and John Does named above shall, at times, be

referred to below collectively, as indicated by the attendant

facts and circumstances, as Defendant Officers.

FACTUAL ALLEGATIONS

23. On July 18, 2015, at approximately 2:10 a.m., MR. CUNEO

and several other teenagers were guests at the West Deptford

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Township home of Sebastian Forbes.

24. Defendants CREEDON and SVENSON were dispatched to Mr.

Forbes home in response to a noise complaint they allegedly

received.

25. Defendants CREEDON and SVENSON entered Mr. Forbes

residence without a warrant or consent and ordered everyone to

leave.

26. Video of the incident shows CREEDON and SVENSON asking

MR. CUNEO to identify himself as people started to leave the

residence. MR. CUNEO declined to give his name and stated to

Defendant Officers I dont want to be part of this and took two

steps toward the apartment door.

27. The video shows that without justification or

provocation, Defendant SVENSON grabbed, tackled and slammed MR.

CUNEO to the floor using a double leg wrestling maneuver, more

intense than a regular compliance hold with such force, MR. CUNEO

was knocked unconscious. SVENSON then pinned MR. CUNEOS arms to

his sides.

28. As MR. CUNEO laid unconscious on the floor with his

hands pinned to his sides, Defendant CREEDON, unprovoked and

without any form of resistance from MR. CUNEO, straddled MR.

CUNEO and landed a brutal punch to MR. CUNEOS face with such

force, it knocked his tooth loose and caused a huge gash to his

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face which bled profusely. CREEDON repeatedly punched MR. CUNEO

in his face while he was unconscious.

29. After physically assaulting and severely injuring MR.

CUNEO, Defendants SVENSON and CREEDON failed to perform first aid

on MR. CUNEO and failed to take reasonable steps to provide him

with prompt medical attention. Rather than promptly performing

first aid, CREEDON and SVENSON rolled the still unconscious and

profusely bleeding MR. CUNEO onto his stomach and placed him in

handcuffs.

30. Instead of providing prompt first aid to MR. CUENO

and/or seek prompt emergency medical assistance for him,

Defendants CREEDON, SVENSON, JOHN DOE POLICE OFFICERS 1-20 and

JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40's, along with members of

Defendant TOWNSHIP OF WEST DEPTFORD Police Department (whose

identities are currently unknown), engaged in a massive

conspiracy to cover up the misconduct of Defendants CREEDON and

SVENSON.

31. MR. CUNEOS injuries were so severe he was eventually

transported by ambulance from the scene to Cooper University

Hospital where he was diagnosed with severe injuries including

head trauma, contusions the face and head secondary to police

beating, a large gash to his face that required five (5) stitches

on the inside of his mouth and to his face and a loose tooth.

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32. The brutal physical assault of MR. CUNEO was unlawful,

unprovoked, and unjustified.

33. At the time he was brutally assaulted, MR. CUNEO was an

unarmed eighteen (18) year-old teenager who weighed approximately

118 lbs.

34. MR. CUNEO was unconscious, presented no threat and

posed no danger to Defendants SVENSON, CREEDON or the public.

35. MR. CUNEO did not engage in any action that justified

the physical beating and unlawful and excessive use of any force

by Defendants SVENSON and CREEDON.

36. MR. CUNEO was traumatized, terrified, and feared for

his life.

37. Even after MR. CUNEO was unconscious, restrained and in

no position to resist, CREEDON continued to strike MR. CUNEO

without warning, provocation or cause.

38. Defendant SVENSON had a duty to intervene but failed to

prevent the unwarranted and illegal use of excessive force on MR.

CUNEO by CREEDON.

39. Before the brutal physical assault on MR. CUNEO,

Defendants SVENSON and CREEDON failed to give proper commands or

any warning that they intended to use excessive force.

40. The unlawful and illegal use of excessive force on MR.

CUNEO, caused severe, disabling, and permanent physical injuries

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which required the care and treatment of physicians,

hospitalization and medication, has and will in the future

require medical treatment, and have and will in the future cause

him to refrain from his daily activities and normal pursuits.

41. The unlawful and illegal use of excessive force on MR.

CUNEO caused him to suffer severe and permanent psychological and

emotional distress, mental anguish, degradation and public

humiliation.

42. The unlawful and illegal use of excessive force on MR.

CUNEO caused MR. CUNEO to suffer economic damages.

43. The unjustified, illegal and excessive use of force on

MR. CUNEO deprived him of his liberty.

44. Following the brutal physical assault on MR. CUNEO,

Defendants DiSIMONE, SVENSON, CREEDON, DONAHUE, CHAMBERS, JOHN

DOE POLICE OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS

21-40, along with other members of Defendant TOWNSHIP OF WEST

DEPTFORDS Police Department (whose identities are currently

unknown), engaged in an extensive conspiracy to cover up the

misconduct of Defendants SVENSON and CREEDON, by preparing false

reports of the incident, failing to conduct an adequate and

thorough Internal Affairs Investigation, and either deliberately

destroying or fraudulently concealing videotape(s) of the

incident.

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FIRST COUNT
PATTERN AND PRACTICE ALLEGATIONS
(Municipal and Governmental Liability)

45. The beating and use of excessive force used on MR.

CUNEO by Defendants CREEDON and SVENSON, and the subsequent cover

up of the incident by CREEDON, SVENSON, DISIMONE, DONAHUE,

CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of Defendant

TOWNSHIP OF WEST DEPTFORDS Police Department (whose identities

are currently unknown), was not an isolated or aberrational

incident. It was the direct result of systemic deficiencies in

the training, supervision and discipline of TOWNSHIP OF WEST

DEPTFORDS Police Officers, including the individual named

Defendants, that began long before the brutal physical assault of

MR. CUNEO and continue to this day.

46. Defendant TOWNSHIP OF WEST DEPTFORD through its Police

Department developed, implemented, enforced, encouraged and

sanctioned a de facto policy, practice and/or custom of the use

of unreasonable and excessive force on citizens and coverups of

these incidents of officers misconduct.

47. Members of and Police Officers employed by Defendant

TOWNSHIP OF WEST DEPTFORDS Police Department have a systematic

and documented history of aggressive police practices, including

the use of excessive force against the public, falsifying

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reports, sham Internal Affairs investigations, engaging in

coverups, unlawful arrests and malicious prosecution.

48. Prior to and after the unprovoked use of excessive

force against MR. CUNEO on July 18, 2015, there were other

incidents of unjustified use of excessive force, false arrest,

coverups, differential bias treatment and malicious prosecution

by Police Officers employed by Defendant TOWNSHIP OF WEST

DEPTFORD and the West Deptford Police Department.

49. Specifically, on August 6, 2003, Nekiesha Williams was

the victim of unlawful and excessive use of force by TOWNSHIP

Officers Patrick Goggin, Michael Pfeiffer, and Sean McKenna after

Ms. Williams noticed officers with guns drawn in the parking lot

of her apartment complex. Fearing for the safety of her

five-year-old daughter who had been riding her bicycle outside,

Ms. Williams ran outside to get her daughter but could not locate

her.

50. After her neighbor told her daughter was in one of the

apartments that was the target of the officers investigation,

Ms. Williams alleges the Officers threw her neighbor to the

ground and held a gun to her head. Frightened for her daughters

safety, Ms. Williams begged one of the officers to allow her to

get daughter out of the apartment. After the officer told her she

could not enter the apartment, Ms. Williams repeated her plea and

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started to cry. She alleges three TOWNSHIP Police officers

grabbed her by her arms and waist, lifted her into the air and

slammed her to ground with such force, it broke her femur. The

TOWNSHIP settled Ms. Williamss excessive force lawsuit for

$600,000 on or about June 2008.

51. On or about August 12, 2005, Andrea Damiani, was the

victim of excessive force when her vehicle was stopped by

TOWNSHIP Police Officers Michael S. Franks and Cpl. Meduri. Ms.

Damiani alleged she was physically seized and pulled from her

vehicle with grossly excessive and unnecessary force and without

reasonable or probable cause and without explanation. As a

result, she sustained serious and permanent injuries to her left

wrist and emotional distress which required her to seek medical

treatment. The TOWNSHIP settled Ms. Damianis lawsuit on or about

October 14, 2009.

52. On November 28, 2006, Kevin Bozarth was subjected to

grossly excessive and unnecessary force when he was assaulted,

beaten and arrested by several TOWNSHIP Police Officers. The

police were called after Mr. Bozarth and his fianc got into an

argument. After his girlfriend declined to press charges, Mr.

Bozarth left the apartment. The officers pursued him, placed him

under arrest and transported him to the police station. On

arrival, Mr. Bozarth claimed that while still handcuffed behind

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his back, he was physically beaten and sprayed more than once

with a chemical agent without justification or provocation. The

TOWNSHIP settled Mr. Bozarths excessive force lawsuit in

September 2011.

53. On October 11, 2007, sixty-seven-year-old Dorothy Peele

was home getting ready for bed. Ms. Peele alleges she was

assaulted in her living room after TOWNSHIP officers Michael J.

Cramer and Craig Burman responded to her home looking for two of

her grandsons. After the officers announced her grandson Gregory

Tucker was under arrest, Ms. Peele asked for a reason for the

arrest but was provided no explanation. Ms. Peele alleged Cramer

shoved and grabbed her by the arm causing her to knock over a fan

and fall over a metal chair bruising her side. Ms. Peele alleged

she was repeatedly shoved by Cramer, who she describes as being

in a rage. She claimed she was also shoved from behind and was

pushed so hard on one occasion, she landed in a different room.

Ms. Peeles daughter describes Cramer's actions as "basically

slinging my mom around." Her grandson testified that Ms. Peele

was "violently swung to the ground and knocked over a chair. The

TOWNSHIP settled Ms. Peeles excessive force lawsuit on or about

April 2011.

54. On or about May 13, 2009, Plaintiff Dolores Ingram, a

seventy-four-year-old crime victim waiting to testify as a

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witness in Deptford Municipal Court, was the victim of excessive

force by Sergeant Michael Taylor who forcibly removed her from

the courtroom by placing his right arm under her chest around her

ribs and pushing his left hand into the center of her back and

lifting her off the ground. Ms. Ingram who suffered from disc

herniations, prior broken ribs and a degenerative hip begged

Taylor to let her walk out of the courtroom on her own. Taylor

ignored her pleas and continued his hold on her, forcibly

removing her from the courtroom. After carrying her out of the

courtroom, Taylor left Ms. Ingram outside in tears.

55. On April 6, 2012, Joseph M. Rickert who suffers from

cerebral palsy, alleges he was the victim of the excessive use of

force by TOWNSHIP Officer Michael Franks which resulted in a

significant permanent injury. The TOWNSHIP OF WEST DEPTFORD

settled Mr. Rickerts excessive force lawsuit for $237,500 on

April 11, 2016.

56. On or about 2005 or 2006, TOWNSHIP officers John

Gillespie, Timothy Parks and Brian Green were indicted for

allegations of excessive force and for failing to report or

properly supervise the incident that occurred in February 2006.

57. There have been numerous complaints of civil rights

violations, including the use of excessive force, false arrest

and malicious prosecution filed against Defendant TOWNSHIP OF

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WEST DEPTFORD and its Police Officers.

58. In the past ten (10) years, Defendants CREEDON and

SVENSON has had numerous documented incidents involving the use

of force.

59. In the past ten (10) years, there have been numerous

incidents wherein the use of force has been documented by West

Deptford Police Department.

60. Defendant TOWNSHIP OF WEST DEPTFORD, through its

Internal Affairs Department at the West Deptford Police

Department and its police officers, have engaged in past

practices and policy of exhibiting deliberate indifference to

complaints of violations of constitutional rights by citizens

like MR. CUNEO against police officers who were employed by or

act as agents of Defendant TOWNSHIP OF WEST DEPTFORD.

61. Defendant TOWNSHIP OF WEST DEPTFORDS scandal plagued

Internal Affairs Department at the West Deptford Police

Department is a complete sham, and, as such, created an

environment wherein officers believe they can act unlawfully

without any repercussions or discipline. Such past policy and

practice are directly linked to the violation of the

constitutional rights of MR. CUNEO because such past policy and

practice encourage violations by police officers such as the

individually named Defendants.

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62. Defendants, collectively and individually, while acting

under the color of law, engaged in conduct that constituted a

custom, policy, usage, practice, procedure or rule of Defendant

TOWNSHIP OF WEST DEPTFORD and its Police Department, which is

forbidden by the New Jersey State Constitution.

63. The aforementioned customs, policies, usages,

practices, procedures and rules of Defendant TOWNSHIP OF WEST

DEPTFORD, the West Deptford Police Department, and its police

officers included the assault and battering of MR. CUNEO, the

plaintiff listed above, and other innocent citizens, conspiracy

to deprive MR. CUNEO of his civil rights, creation of false

reports, withholding of evidence and cover up.

64. Defendant TOWNSHIP OF WEST DEPTFORD and its Police

Department, including Defendants DISIMONE, DONAHUE and CHAMBERS

engaged in a policy, custom and practice of inadequate screening,

hiring, retaining, training and supervising its employees, which

was the moving force behind the violation of MR. CUNEOS rights

described herein.

65. As a result of Defendants TOWNSHIP OF WEST DEPTFORD,

DISIMONE, DONAHUE and CHAMBERS failure to properly screen, hire,

retain, train, supervise, discipline their employees, and remedy

constitutional violations by its officers, including the named

Defendants herein, Defendants TOWNSHIP OF WEST DEPTFORD,

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DISIMONE, DONAHUE and CHAMBERS explicitly and implicitly

authorized, ratified and condoned Defendants CREEDON, SVENSON,

JOHN DOE POLICE OFFICERS 1-20 and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40's illegal conduct, and has been

deliberately indifferent to the acts and conduct complained of

herein.

66. The foregoing customs, policies, usages, practices,

procedures and rules constitute deliberate indifference to the

safety, well-being and State constitutional rights of MR. CUNEO

and was the direct and proximate cause and the moving force of

the constitutional violations suffered by MR. CUNEO.

67. Defendant TOWNSHIP OF WEST DEPTFORD, by and through its

employees, including the Defendants named above, provided grossly

deficient training and supervision to its Police Officers,

including the individual named Defendants, concerning for

example, the use of excessive force, despite actual and/or

constructive notice that officers, including Defendants CREEDON

and SVENSON, were improperly trained and violating minimally

accepted police practices.

68. Defendant TOWNSHIP OF WEST DEPTFORD, through its

Internal Affairs Department employees, including Defendants

CHAMBERS and DISIMONE, failed to impose discipline or investigate

misconduct on the part of its Police Officers, including the

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named Defendants herein, prior to and including in this case,

despite actual and constructive notice that these officers

engaged in a pattern of using excessive force and violating the

constitutional rights of citizens.

69. Defendant TOWNSHIP OF WEST DEPTFORD through its Police

Department was negligent and/or reckless in its hiring and

retention of Police Officers, including the individual named

Defendants.

70. All the acts and omissions committed by Defendant

Officers described herein for which liability is claimed were

conducted in their individual and official capacities and were

done unlawfully, maliciously, wantonly, recklessly, with

deliberate indifference, negligently and/or with bad faith, and

said acts meet all of the standards for imposition of punitive

damages.

71. As a direct and proximate result of Defendants conduct

and abuse of authority detailed above, MR. CUNEO was deprived of

his liberty and suffered economic and non economic loss in the

form of medical expenses, mental pain and suffering and emotional

distress, as well as other non economic damages for which

Defendants are liable.

SECOND COUNT
(42 U.S.C. 1983 Unreasonable and Excessive Force)

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72. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

73. Defendants CREEDON and SVENSONS unlawful, careless,

negligent, and reckless acts of assaulting MR. CUNEO and the use

of unreasonable and excessive force showed deliberate

indifference for the life and safety of MR. CUNEO.

74. Defendants CREEDON, SVENSON, DISIMONE, DONAHUE,

CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West

Deptford Police Department (whose identities are currently

unknown) negligent, careless, reckless and wanton acts of

conspiring to use excessive force and/or their failure to

intervene showed deliberate indifference for the life and safety

of MR. CUNEO.

75. By their conduct, Defendants CREEDON, SVENSON,

DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and

JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, deprived MR. CUNEO of his

right to be free from excessive and unreasonable use of force

under the Fourth and Fourteenth Amendment of the United States

Constitution.

76. Defendant Officers violated clearly established law. No

reasonable officer could have believed, under the circumstances,

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that it was lawful to use excessive force given that MR. CUNEO

was unconscious and on the floor with his hands pinned to his

sides and thus, in no position to resist.

77. The TOWNSHIP OF WEST DEPTFORD is liable for enforcing

and creating policies, practices and customs as aforesaid,

resulting in Constitutional deprivations suffered by MR. CUNEO.

78. In all the foregoing, Defendant Officers acted with

reckless, callous and deliberate indifference to MR. CUNEOS

constitutionally protected rights.

79. As a direct and proximate result of Defendant Officers

misconduct and abuse of authority detailed above, MR. CUNEO

sustained the damages hereinbefore alleged.

THIRD COUNT
(Common Law Assault and Battery)

80. MR. CUNEO, repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

81. Video footage of the incident shows Defendant SVENSON

grabbing, tackling and slamming MR. CUNEO to the floor with such

force, it knocked MR. CUNEO unconscious.

82. As MR. CUNEO laid unconscious on the floor with his

hands pinned to his sides by SVENSON, Defendant CREEDON climbed

on top MR. CUNEO and punched him in his face so hard, it knocked

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his tooth loose and caused a huge gash to his face which bled

profusely. CREEDON repeatedly punched MR. CUNEO in his face while

he was unconscious.

83. In assaulting and injuring MR. CUNEO, Defendants

CREEDON, SVENSON and JOHN DOE POLICE OFFICERS 1-20, were acting

in their individual and official capacity as WEST DEPTFORD

TOWNSHIP Police Officers and within the scope of their

employment, committed an unlawful and unwarranted assault and

battery upon MR. CUNEO.

84. The unjustified and brutal attack on MR. CUNEO knocked

his tooth loose and caused head trauma, contusions, and a large

gash to his face that required stitches on the inside of his

mouth and to his face.

85. Defendant TOWNSHIP OF WEST DEPTFORD, as employer of

Defendants CREEDON, SVENSON and JOHN DOE POLICE OFFICERS 1-20,

are responsible for their wrongdoing under the doctrine of

respondent superior and pursuant to the New Jersey Tort Claims

Act, N.J.S.A. 59-2-2, et seq.

86. As a direct and proximate result of Defendants

misconduct and abuse of authority detailed above, MR. CUNEO

sustained the damages hereinbefore alleged.

FOURTH COUNT
(42 U.S.C. 1983 Deliberate Indifference to Serious
Medical Need)

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87. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

88. Defendants CREEDON, SVENSON, DISIMONE, DONAHUE,

CHAMBERS, JOHN DOES POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West

Deptford Police Department (whose identities are currently

unknown), under color of state law, after physically assaulting

MR. CUNEO, and knowing that he was knocked unconscious by the

body slams and blows inflicted by CREEDON and SVENSION, failed to

provide prompt medical assistance and/or interfered in the

efforts of others to provide medical assistance to MR. CUNEO,

with deliberate indifference to Plaintiffs medical needs which

constitute cruel and unusual punishment in violation of MR.

CUNEOS rights under the Fourth, Eighth and Fourteenth Amendments

to the United States Constitution.

89. As a direct and proximate result of Defendant Officers

misconduct and abuse of authority detailed above, MR. CUNEO

sustained the damages hereinbefore alleged.

FIFTH COUNT
(Common Law Negligence Provision of Medical Care)

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90. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

91. After the physical assault that injured MR. CUNEO,

Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN

DOES POLICE OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS

21-40, along with members of the West Deptford Police Department

(whose identities are currently unknown), acting in their

individual and official capacity as TOWNSHIP Police Officers and

within the scope of their employment, negligently failed to

provide prompt and adequate medical care to MR. CUNEO after he

was the victim of the illegal, unreasonable and excessive use of

force which resulted in the severe injuries described above.

92. Defendant TOWNSHIP OF WEST DEPTFORD, as the employer of

Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN

DOES POLICE OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS

21-40, is responsible for their wrongdoing under the doctrine of

respondent superior pursuant to the New Jersey Tort Claims Act,

N.J.S.A. 59-2-2, et seq.

93. As a direct and proximate result of Defendant Officers

misconduct and abuse of authority detailed above, MR. CUNEO

sustained the damages hereinbefore alleged.

SIXTH COUNT

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(42 U.S.C. 1983 Conspiracy)

94. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

95. Defendants CREEDON, SVENSON, DISIMONE, DONAHUE,

CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West

Deptford Police Department (whose identities are currently

unknown), under color of state law, conspired with each other,

reached a mutual understanding, and acted to undertake a course

of conduct to cover up the true nature of the incident and to

injure, oppress, threaten, and intimidate MR. CUNEO in the free

exercise and enjoyment of his rights and privileges and equal

protection of the law secured to him by the United States

Constitution, including the right to be free from the excessive

and unreasonable use of force; the right to be free from the

delay and denial of medical attention; the right to be free from

unnecessary and wanton infliction of pain; and the right not to

be deprived of their liberty without due process of law.

96. Defendants CREEDON, SVENSON, DISIMONE, DONAHUE,

CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West

Deptford Police Department (whose identities are currently

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unknown), took numerous overt steps in furtherance of such

conspiracy, as set forth above, and by preparing false reports of

the incident, failing to conduct an adequate and thorough

Internal Affairs Investigation, and either deliberately

destroying or fraudulently concealing videotape(s) of the

incident.

97. Defendant Officers combined and conspired to violate

MR. CUNEOS rights as described herein; therefore, they are

jointly and severally liable for the damages caused to MR. CUNEO.

98. As a direct and proximate result of Defendant Officers

misconduct and abuse of authority detailed above, MR. CUNEO

sustained the damages hereinbefore alleged.

SEVENTH COUNT
(42 U.S.C. 1983 Supervisor Liability)

99. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

100. Defendant TOWNSHIP OF WEST DEPTFORD and supervisors of

its Police Department had a duty to properly supervise its

employees and failed to do so.

101. Defendants DISIMONE, DONAHUE, CHAMBERS and JOHN DOE

SGT/CHIEFS/SUPERVISORS 21-40 were, at all relevant times,

supervisory personnel in the West Deptford Police Department,

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with oversight responsibility for Defendants CREEDON, SVENSON,

JOHN DOE POLICE OFFICERS 1-20, and others. They were responsible

for the training, instruction, supervision, and discipline of the

officers who violated MR. CUNEOS constitutional rights in the

manner described above.

102. Defendants DISIMONE, DONAHUE, CHAMBERS and JOHN DOE

SGT/CHIEFS/SUPERVISORS 21-40, as supervisory personnel in the

West Deptford Police Department, owed a duty of care to MR. CUNEO

to prevent the conduct alleged, which forseeably caused his

injuries and violation of his civil rights.

103. These Defendants knew, or in the exercise of due

diligence should have known, that the inappropriate, unlawful and

tortuous conduct of Defendants CREEDON, SVENSON and JOHN DOE

POLICE OFFICERS 1-20 against MR. CUNEO was likely to occur.

104. These Defendants failed to take preventive and remedial

measures to guard against the constitutional violations committed

by Defendants CREEDON, SVENSON and JOHN DOE POLICE OFFICERS 1-20.

Had they taken appropriate action, MR. CUNEO would not have been

physically assaulted and injured.

105. The failure of these Defendants to train, supervise and

discipline Defendants CREEDON, SVENSON and JOHN DOE POLICE

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OFFICERS 1-20, amounted to gross negligence, deliberate

indifference, or reckless misconduct which directly caused and

was the moving force behind the constitutional deprivations

suffered by MR. CUNEO.

106. Defendant TOWNSHIP OF WEST DEPTFORD, as the employer of

Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN

DOE POLICE OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS

21-40, along with members of the West Deptford Police Department

(whose identities are currently unknown), is responsible for

their wrongdoing under the doctrine of respondent superior

pursuant to the New Jersey Tort Claims Act, N.J.S.A. 59-2-2, et

seq.

107. As a direct and proximate result of Defendant Officers

which resulted in the use of excessive force, misconduct and

abuse of authority detailed above, MR. CUNEO sustained the

damages hereinbefore alleged.

EIGHTH COUNT
(Negligent Training and Supervision)

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108. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

109. Defendant TOWNSHIP OF WEST DEPTFORD and its employees,

DONAHUE, CHAMBERS and DISIMONE, were responsible for the

recruiting, hiring, training and ongoing supervision of the

officers of the West Deptford Police Department.

110. Defendant TOWNSHIP OF WEST DEPTFORD and its employees,

DONAHUE, CHAMBERS and DISIMONE, had a duty to properly train and

supervise the officers of the West Deptford Police Department to

ensure they did not violate the constitutional rights of

citizens.

111. Defendant TOWNSHIP OF WEST DEPTFORD and its employees,

DONAHUE, CHAMBERS and DISIMONE, failed to properly train,

supervise and discipline Defendants CREEDON, SVENSON, JOHN DOE

POLICE OFFICERS 1-20 and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40,

along with members of the West Deptford Police Department (whose

identities are currently unknown) to ensure they did not violate

the constitutional rights of citizens, including MR. CUNEO.

112. The failure of Defendants TOWNSHIP OF WEST DEPTFORD and

its employees, DONAHUE, CHAMBERS and DISIMONE, to train,

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supervise and discipline Defendants CREEDON, SVENSON, JOHN DOE

POLICE OFFICERS 1-20 and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40,

along with members of the West Deptford Police Department (whose

identities are currently unknown), amounted to gross negligence,

deliberate indifference, or reckless misconduct which directly

caused and was the moving force behind the deprivations suffered

by MR. CUNEO.

113. As a direct and proximate result of Defendant TOWNSHIP

OF WEST DEPTFORD, DONAHUE, CHAMBERS and DISIMONES negligent

training and supervision of Defendants CREEDON, SVENSON and JOHN

DOE POLICE OFFICERS 1-20 and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-

40, along with members of the West Deptford Police Department

(whose identities are currently unknown), which resulted in the

misconduct and abuse of authority detailed above, MR. CUNEO

sustained the damages hereinbefore alleged.

NINTH COUNT
(Negligent Hiring)

114. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

115. Defendant TOWNSHIP OF WEST DEPTFORD was responsible for

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the recruiting, hiring, training, retention and ongoing

supervision of the officers of the West Deptford Police

Department, including the named Defendants.

116. Defendant TOWNSHIP OF WEST DEPTFORD had a duty to

properly ascertain its police officers fitness to become police

before they were hired as officers of the TOWNSHIPS Police

Department.

117. Defendant TOWNSHIP OF WEST DEPTFORD failed to properly

determine the fitness of Defendants CREEDON, SVENSON, DISIMONE,

DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West

Deptford Police Department (whose identities are currently

unknown), to be hired as police officers, chiefs, and lieutenants

of the TOWNSHIPS Police Department to ensure they would not

violate citizens like MR. CUNEOS civil rights.

118. Defendant TOWNSHIP OF WEST DEPTFORD knew, or in the

exercise of due diligence should have known that these Defendants

were not fit for duty and that the inappropriate, unlawful and

tortuous conduct of Defendants CREEDON, SVENSON, DISIMONE,

DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West

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Deptford Police Department (whose identities are currently

unknown), against MR. CUNEO was likely to occur.

119. Defendant TOWNSHIP OF WEST DEPTFORD failed to take

preventive and remedial measures to guard against the

constitutional violations committed by Defendants CREEDON,

SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-

20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along with

members of the West Deptford Police Department (whose identities

are currently unknown). Had they taken appropriate action, MR.

CUNEO would not have been physically assaulted and injured.

120. The failure of the TOWNSHIP to properly ascertain

Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN

DOE POLICE OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS

21-40, along with members of the West Deptford Police Department

(whose identities are currently unknown) fitness for employment

and to monitor their continued fitness for duty, amounted to

gross negligence, deliberate indifference, or reckless misconduct

which directly caused and was the moving force behind the

deprivations suffered by MR. CUNEO.

121. As a direct and proximate result of Defendant TOWNSHIP

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OF WEST DEPTFORDS negligent hiring of Defendants CREEDON,

SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-

20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along with

members of the West Deptford Police Department (whose identities

are currently unknown), which resulted in the misconduct and

abuse of authority detailed above, MR. CUNEO sustained the

damages hereinbefore alleged.

TENTH COUNT
(Negligent Retention)

122. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

123. Defendant TOWNSHIP OF WEST DEPTFORD knew or should have

known that Defendants CREEDON, SVENSON, DISIMONE, DONAHUE,

CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West

Deptford Police Department (whose identities are currently

unknown) were not qualified to act as police officers, chiefs,

lieutenants and supervisors for its Police Department.

124. Defendant TOWNSHIP OF WEST DEPTFORD knew, or in the

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exercise of due diligence should have known that these Defendants

were not fit for duty and that the inappropriate, unlawful and

tortuous conduct of Defendants CREEDON, SVENSON, DISIMONE,

DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West

Deptford Police Department (whose identities are currently

unknown) against MR. CUNEO was likely to occur.

125. Defendant TOWNSHIP OF WEST DEPTFORD was aware of

numerous prior incidents that should have alerted them to the

potential unlawful conduct of Defendants CREEDON, SVENSON,

DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and

JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the

West Deptford Police Department (whose identities are currently

unknown).

126. Defendant TOWNSHIP OF WEST DEPTFORD was at the very

least aware of the numerous citizens complaints of excessive

force, coverup, false arrest and malicious prosecution against

Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS and

other members of the West Deptford Police Department. Yet,

Defendant TOWNSHIP did nothing to prevent the ongoing unlawful

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actions of its police officers or to terminate these rogue

officers.

127. Defendant TOWNSHIP OF WEST DEPTFORD failed to take

reasonable steps to ensure that Defendants CREEDON, SVENSON,

DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and

JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the

West Deptford Police Department (whose identities are currently

unknown) would act appropriately and within the confines of the

law.

128. Defendant TOWNSHIP OF WEST DEPTFORD had a duty to take

reasonable and appropriate steps to ensure that Defendants

CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE

OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along

with members of the West Deptford Police Department (whose

identities are currently unknown) would not act unlawfully and

would not violate the constitutional rights of the citizens they

serve, including MR. CUNEO.

129. Defendant TOWNSHIP OF WEST DEPTFORDS failure to

properly discipline its police officers and monitor their

continued fitness for duty coupled with its negligent retention

of Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN

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DOE POLICE OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS

21-40, along with members of the West Deptford Police Department

(whose identities are currently unknown) despite actual and/or

constructive knowledge that they were not fit to be police

officers, chiefs or lieutenants, amounted to gross negligence,

deliberate indifference, or reckless misconduct which directly

caused and was the moving force behind the deprivations suffered

by MR. CUNEO.

130. As a direct and proximate result of Defendant TOWNSHIP

OF WEST DEPTFORDS failure to take the appropriate steps to

ensure Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS,

JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE

SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West

Deptford Police Department (whose identities are currently

unknown) would not act unlawfully, which resulted in the

misconduct and abuse of authority detailed above, MR. CUNEO

sustained the damages hereinbefore alleged.

ELEVENTH COUNT
(Violation of the New Jersey Civil Rights Act
N.J.S.A. 10:6-1 to 2)

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131. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

132. Defendants, under color of statute, ordinance,

reputation, custom and usage have deprived and caused MR. CUNEO

to be subjected to the deprivations of his rights, privileges and

immunities secured by the New Jersey Constitution and law of the

State of New Jersey, including his right to liberty, his right to

be secure as a person against excessive use of force, and his

right to freedom of association secured to him by the New Jersey

State Constitution.

133. Defendants, acting under color of law, unlawfully

deprived MR. CUNEO of his civil rights by, inter alia, seizing

him, using excessive force against him, failing to intervene to

prevent the unlawful acts against him, failing to provide him

with prompt medical attention and failing to properly hire,

train, retain and supervise police officers.

134. Defendant TOWNSHIP OF WEST DEPTFORD is liable for its

failure to properly hire, train, retain and supervise its police

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officers.

135. Defendants acts were done in knowing violation of MR.

CUNEOS legal and constitutional rights and have caused MR. CUNEO

injuries, including physical injury, humiliation, mental pain and

suffering and emotional distress.

136. Defendants deprivation of MR. CUNEOS civil rights

violates the New Jersey Constitution and gives rise to MR.

CUNEOS claims for redress under N.J.S.A. 10:6-1 et seq.

137. Defendant TOWNSHIP OF WEST DEPTFORD is directly liable

for the acts of its Police Officers in the performance of their

duties under the color of state, county and municipal law.

138. Based on the aforesaid conduct, Defendants, acting

under color of law, deprived and interfered with, by the use of

excessive force, intimidation or coercion, the exercise or

enjoyment by MR. CUNEO of the rights guaranteed to him by the New

Jersey Constitution including, but not limited to:

a) The right to enjoy and defend life and liberty;

b) The right to pursue and obtain safety and happiness;

c) The right to due process of law;

d) The right to equal protection of the laws;

e) The right to be secure from unreasonable searches and

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seizures;

f) The right to any other natural and unalienable right


retained by the people;
g) The right to privacy; and

h) The right to be free of cruel and unjust punishment.

139. As a direct and proximate result of Defendants

misconduct and abuse of authority detailed above, MR. CUNEO

sustained the damages hereinbefore alleged.

TWELFTH COUNT
Negligent and Intentional Infliction of
Emotional Distress

140. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

141. Defendants acted unlawfully and recklessly with

deliberate disregard of a high degree of probability that

emotional distress will follow. Defendants conduct was extreme

and so outrageous in character and degree as to go beyond all

possible bounds of decency. Defendants conduct was so atrocious,

it is utterly intolerable in a civilized community.

142. As a direct and proximate result of Defendants

actions, MR. CUNEO has suffered and continue to suffer such

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severe and substantial emotional distress and mental harm which

no reasonable person could be expected to endure.

THIRTEENTH COUNT
Spoilation/Fraudulent Concealment

143. MR. CUNEO repeats and re-alleges the foregoing

paragraphs of the Complaint as if same were fully set forth at

length herein.

144. Defendant TOWNSHIP OF WEST DEPTFORD has failed to

produce the findings of the Internal Affairs Investigation and

the audio recordings of the Defendant officers body cams, despite

numerous requests for same prior to the commencement of

litigation.

145. Defendant TOWNSHIP OF WEST DEPTFORD had a legal

obligation to preserve and disclose any evidence in connection

with this litigation. The audio recording of body cams, was

clearly material to this litigation and any Internal Affairs

Investigation conducted.

146. There is no way for MR. CUNEO to have obtained access

to the evidence from another source other than requesting the

audio tapes and the TOWNSHIP and its employees, CREEDON, SVENSON,

DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and

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JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the

West Deptford Police Department (whose identities are currently

unknown), either intentionally lost, destroyed or fraudulently

concealed the evidence with the purpose to disrupt the

litigation.

147. As a direct and proximate result of Defendants

misconduct and abuse of authority detailed above, MR. CUNEO

sustained the damages hereinbefore alleged.

WHEREFORE, MR. CUNEO demands judgment against all

Defendants, jointly and severally for:

A. General damages;

B. Compensatory damages;

C. Punitive Damages;

D. Cost and interest;

E. Attorneys fees;

F. Pre-judgment and post-judgment interest against all


Defendants;

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G. Any other relief the Court deems just and


equitable.

DESIGNATION OF TRIAL COUNSEL

PLEASE TAKE NOTICE that attorney TRACEY C. HINSON is hereby

designated as trial counsel in the above-captioned litigation for

the firm of Hinson Snipes, LLP.

JURY DEMAND

PLEASE TAKE NOTICE that Plaintiff demands a trial by jury as

to all issues so triable.

NOTICE OF UTILIZATION OF TIME-UNIT BASIS

PLEASE TAKE NOTICE Plaintiff intends to utilize the

time-unit basis for calculating unliquidated damages in

Plaintiffs closing statement to the jury and the Court.

HINSON SNIPES, LLP


Attorneys for Plaintiff

By: S/ Tracey C. Hinson


Tracey C. Hinson, Esquire

Dated: 7/17/17

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