2 Accuse Belmar Cops Of Beating, Abuse Outside D’Jais (UPDATE)

BELMAR – Two Asbury Park residents have filed a federal civil rights lawsuit against Belmar and several cops, saying they were beaten and abused outside D’Jais Bar & Grill in 2018.

One woman said she has a blood clot condition and asked that the handcuffs be loosened during the incident, the lawsuit said. The officers then beat her in the ribs, stomach and arms, the lawsuit says.

The actions constitute "excessive and objectively unreasonable use of force under the circumstances," the lawsuit says, as well as "unlawful and malicious physical abuse."

Mackenzie Pachtinger and Quwan Jones, both of Asbury Park, filed the federal lawsuit on Wednesday against Belmar, the former police chief and several police officers. Listed as defendants are Andrew Huisman, who served as police chief, as well as Detective Michael Yee and Officer Erik Lieb.

Belmar Attorney Jerry Dasti told Patch he hasn't fully reviewed the complaint and declined comment.

The incident happened on Sept. 4, 2018, at approximately 1 a.m. when Pachtinger and Jones were walking towards their car after leaving D’Jais Bar & Grill, the lawsuit says.

From approximately three blocks away, Yee, Lieb and others shouted: “Shut the f**k up. This is a quiet neighborhood.”

The lawsuit says Pachtinger and Jones were unsure as to whom Yee and Lieb were screaming at so they kept walking toward their car, the lawsuit said.

The officers then ran toward Pachtinger and Jones and demanded identification. Jones asked why his identification was being requested. Yee responded: “ You don’t want to give me your f**king license?” the lawsuit says.

Without warning or provocation, Yee, Lieb and others tackled Jones to the ground, and Yee punched him in the face, the lawsuit said.

Yee’s handcuffs were wrapped around his knuckles when he punched Jones, the lawsuit said. Yee, Lieb and the others punched Jones several more times, dragged him to a patrol car and pulled him inside by his arms which were handcuffed behind his back, the lawsuit said.

Pachtinger then asked why Yee, Lieb and the others struck Jones in the face. The officers then responded by handcuffing Pachtinger in an "excessive and forceful manner," the lawsuit said.

Pachtinger, who has a blood clot condition, informed the officers that she is on blood thinners and requested the handcuffs be loosened, the lawsuit said.

The officers then pulled her to the ground by the handcuffs and punched her multiple times in the ribs, stomach, and arms, the lawsuit said.

Pachtinger and Jones were brought to police headquarters, where an ambulance was called to transport Pachtinger to Jersey Shore University Medical Center for treatment for her injuries, the lawsuit said.

Pachtinger was charged with disorderly conduct, simple assault, resisting arrest and a noise violation, the lawsuit said. Jones was charged with obstruction, disorderly conduct and a noise violation.

On June 5, 2019, Pachtinger and Jones appeared in Belmar Municipal Court and pleaded
guilty to the noise violation. All other charges against her were dismissed.

Pachtinger sustained bodily harm and was deprived of her right to be secure against "unreasonable seizure," the lawsuit says.

Pachtinger also suffered bodily and emotional injuries; medical expenses; lost wages, and will suffer "additional special damages in the future in an amount which cannot yet be determined."

Pachtinger and Jones have sued 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."

Huisman, meanwhile, was responsible for training the police officers in the use of force, the lawsuit said.

The police officers were "acting under the direction and control of defendants Belmar, Huisman" and "were acting pursuant to the official policy, practice or custom of the Belmar Police Department."

Belmar and Huisman also "intentionally, knowingly, recklessly and/or with deliberate indifference failed to train, instruct, supervise, control, and discipline on a continuing
basis Defendants Yee, Lieb."