POLICE STATION BEATDOWN
Hamilton grandfather files excessive-force lawsuit >>
HAMILTON » A 66-year-old grandfather has filed a federal civil rights complaint against Hamilton Township on allegations Hamilton Police injured him with excessive force and arrested him under a malicious prosecution that lacked lawful justification or cause.
Nicholas “Nick” Cecala in his civil action says he suffered broken ribs and other injuries at the hands of Hamilton Police and is seeking punitive damages and injunctive relief for the arrest that left him “humiliated” and “disgraced.”
The incident occurred on Sept. 23, 2014, when Cecala went to Hamilton Police headquarters to speak with officers about how he feared for the safety of his daughter and granddaughter. Cecala, a Hamilton resident, believed his daughter was at risk of being harmed by an ex-boyfriend, according to his complaint.
Cecala “informed the officers he feared for his family’s safety and asked why the police were not doing anything to help,” according to his complaint. Cecala alleges that Hamilton Police Lt. Joseph Mastropolo then “became enraged” and forced him out of a meeting room and into a smaller room, where the policeman allegedly attacked him.
Hamilton Police Officer Fredrick C. Dumont allegedly joined Mastropolo in the melee, according to Cecala’s federal lawsuit. He accuses Dumont of throwing him to the ground and stomping on his body. Cecala further alleges that other cops on the Hamilton Police force had witnessed Mastropolo’s and Dumont’s “savage conduct” but did nothing to intervene.
Court records show Dumont arrested Cecala on Sept. 23, 2014, and charged him with resisting arrest. The case was downgraded from Superior Court to municipal court, and the charges were ultimately dismissed on March 1, 2017.
Police at the time also charged Cecala with two disorderly persons offenses citing him with disorderly conduct and obstructing the administration of law. Those charges were dismissed earlier this year, court records show.
“After Plaintiff was processed on the bogus charges and posted bail his daughters, who were waiting for him in the parking lot, rushed Plaintiff to the hospital where he was admitted,” Cecala says in his 23-page complaint, which was filed in U.S. District Court in New Jersey on Sept. 7, 2016.
Authorities at the time set Cecala’s bail at 10 percent of $7,500 cash. Court records show he posted bail on the date of his arrest. A photo taken at 11:56 p.m. Sept. 23, 2014, shows a boot print across Cecala’s face, according to Joel Silberman, Cecala’s attorney.
“Mr. Cecala’s case presents a horrific case of police brutality,” Silberman alleged Tuesday evening in a statement. “Mr. Cecala responded to the Hamilton Police Department as a concerned citizen looking for assistance regarding a personal matter. When Mr. Cecala expressed a difference of opinion with that of the officers, they threw him inside storage room where he was accosted and beaten.”
Silberman said his client suffered broken ribs, permanent loss of hearing and other injuries in the incident. “The fact something like this can take place within a police headquarters raises many serious questions about the culture that exists in the Hamilton Police Department,” he added.
The defendants listed in Cecala’s complaint include Hamilton Township, Hamilton Township Police Department and five Hamilton cops. Hamilton Township does not comment on active litigation matters, especially ones involving named employees. However, attorneys representing the township have filed a response denying the allegations and calling for Cecala’s 12-count complaint to be dismissed with prejudice.
Hamilton’s response
“The allegations contained in the Plaintiffs’ complaint and any amended complaint are frivolous, groundless, and without merit,” Hamilton Township’s legal team said in a response filed on Dec. 23, 2016.
The response includes the following defenses:
• Defendants were not negligent.
• Injuries complained of are the result of plaintiff’s own negligence.
• These defendants did not act in any conspiracy against the plaintiff.
• Plaintiff’s civil rights were not violated.
• These defendants acted in good faith and their actions were based on reasonable cause.
Attorney Michael S. Nagurka from Toms River-based law firm Gilmore & Monahan represented the defendants and signed off on the response.
The case remains active in federal court while Cecala continues his demand for a trial by jury. In addition to seeking punitive damages, Cecala also wants to see the Hamilton Police force placed in receivership for the purpose of instituting programs to train, instruct, discipline, control, and supervise the officers of the Hamilton Police Division.