O'Neal Complaint
O'Neal Complaint
-----------------------------------
GARY L. O’NEAL and GARY J. O’NEAL, : Civil No.: TO BE ASSIGNED
:
Plaintiffs, : Civil Action
:
v. :
:
MIDDLETOWN TOWNSHIP; MIDDLETOWN : COMPLAINT AND JURY DEMAND
TOWNSHIP POLICE DEPARTMENT; :
DETECTIVE RICHARD FULHAM; :
POLICE CHIEF CRAIG WEBER; :
JOHN DOES #1-3; and :
JOHN DOES #4-10, :
:
Defendants. :
-----------------------------------
1
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 2 of 13 PageID: 2
PARTIES
O’Neal.
2
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 3 of 13 PageID: 3
individual capacity.
FACTS
13. Notably, Adam O’Neal had his own private bedroom with a lock
3
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 4 of 13 PageID: 4
residence.
foot.
4
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 5 of 13 PageID: 5
outside.
23. After Plaintiffs were removed from the house and taken
5
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 6 of 13 PageID: 6
25. These charges were improper, had no basis in fact, and were
27. After the house was searched but before Plaintiffs were
Scarface.”
$15,000.00 10%.
$15,000.00 10% after two motions were filed with the Court
on his behalf.
30. Adam O’Neal was also arrested on June 17, 2016. At the time
6
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 7 of 13 PageID: 7
were not involved in any way with the drugs found in his
locked bedroom.
CAUSES OF ACTION
COUNT I
42 U.S.C. §1983
FALSE ARREST AND FALSE IMPRISONMENT
DEFENDANT, RICHARD FULHAM
7
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 8 of 13 PageID: 8
fees, and will continue to incur same for some time to come.
COUNT II
42 U.S.C. §1983
MALICIOUS PROSECUTION
DEFENDANT, RICHARD FULHAM
fees, and will continue to incur same for some time to come.
COUNT III
42 U.S.C. §1983
EXCESSIVE FORCE
DEFENDANTS, JOHN DOES #1-3
circumstances.
8
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 9 of 13 PageID: 9
COUNT IV
42 U.S.C. §1983
UNLAWFUL POLICY OR CUSTOM
FAILURE TO TRAIN, SUPERVISE AND DISCIPLINE
MONELL CLAIM
DEFENDANT, MIDDLETOWN TOWNSHIP
such as Plaintiffs.
9
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 10 of 13 PageID: 10
time to come.
COUNT V
42 U.S.C. §1983
FAILURE TO TRAIN, SUPERVISE AND CORRECT
UNCONSTITUTIONAL PRACTICES
SUPERVISORY LIABILITY
DEFENDANTS, POLICE CHIEF CRAIG WEBER AND JOHN DOES #4-10
51. Defendants, Police Chief Craig Weber and John Does #4-10,
10
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 11 of 13 PageID: 11
56. Defendants, Police Chief Craig Weber and John Does #4-10,
11
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 12 of 13 PageID: 12
COUNT VI
VIOLATION OF NEW JERSEY STATE CONSTITUTION
AND/OR NEW JERSEY CIVIL RIGHTS ACT
fees, and will continue to incur same for some time to come.
RELIEF
12
Case 3:18-cv-05269-ZNQ-LHG Document 1 Filed 04/03/18 Page 13 of 13 PageID: 13
U.S.C. §1988;
JURY DEMAND
action.
s/ Thomas J. Mallon
THOMAS J. MALLON
13
Case 3:18-cv-05269-ZNQ-LHG Document 1-1 Filed 04/03/18 Page 1 of 1 PageID: 14