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Lawsuit Against Gloucester City Police Dept. Moving through Federal Court System

TIPS AND SNIPPETS

BY Bill Cleary

A complaint filed on March 27, 2007 in United States District Court, District of NJ against the City of Gloucester City, Gloucester City Police Department, Gloucester City Police Chief William Crothers and Officer Joseph Eller and John Does 1 to 6 is scheduled for a status conference on Friday, January 23.

Notebook_and_pen The plaintiff, Edward Boscoe of the 500 unit block of Ridgeway Street, is suing the parties above alleging that the police used excessive force during an incident in 2005.

According to court documents on March 28, 2005, in the early morning hours, Plaintiff awoke in his residence to let his dog out. His dog began to bark, leading Plaintiff to suspect that he should check outside his residence.

Plaintiff was in the process of turning on a light in the garage when the door to his garage was forced open, and Plaintiff was forcibly pulled outside by what turned out to be one or more police officers, including Defendants Eller/John Doe 6 and John Doe 1. The Plaintiff was ordered to the ground, and he complied, while stating this was his home, where he lived.

The document states, Officer Eller/John Doe 6 and/or John Doe 1, without need or justification, stepped and stomped upon Plaintiff’s back with most or all of the officer’s weight. The defendant’s use of such force inflicted immediate and grievous pain, and permanent and extensive personal injury to the Plaintiff.

Boscoe is seeking an award of compensatory and punitive damages, along with attorneys’ fees and costs. And he claims the excessive force by the police is a violation of the Fourth, Fifth, Ninth and Fourteenth Amendment rights. He is demanding a Jury Trial.

According to a source the Police were in the 500 block of Ridgeway that morning investigating a call about a prowler.

Boscoe is being represented by the law firm Loughry and Lindsay, from Camden City. The City’s attorney is Matthew B. Wieliczko, Esquire, a representative of the Joint Insurance Fund. The attorneys for both sides would not comment on the case.

NOVEMBER’S POLITICAL NEWS-The election is 9 months away but there is already rumors circulating about possible candidates. One person who is seriously thinking about challenging the James Administration’s hold on local government is Shawn Green who resides in the First Ward. If he does throw his hat into the ring Green would be running against incumbent Bill Hagan Sr. Earlier this month at a council meeting Green questioned whether the proper procedure was used to replace former city administrator Paul Kain. And asked why council would hire someone else when they had a competent person in that position who was doing a good job.

CORRECTION: Green said he never made the statement, why  council would hire someone else when they had a competent person in that position who was doing a good job...

Green writes, "Let us be clear, Yes, I spoke up at a monthly caucus meeting as a concerned citizen.  The City removed Paul Kain without passing a preliminary resolution as stated in the City Code Book.  I was concerned that the City removed an appointed employee, during his appointment, without abiding by the City Code Book.  The end. I didn't go on a rant or anything of that nature.  I simply questioned authority."

Besides Hagan the other two council seats up for re-election are those occupied by 2nd Ward Councilman Nicholas Marchese and 3rd Ward Councilman Jay Brophy.

CAMDEN COUNTY GOP ENDORSES CHRISTIE-Former U.S. Attorney and gubernatorial candidate Chris Christie was victorious in a non-binding straw poll conducted by the Camden County Republican Committee at the January 20 county committee meeting. On the ballot were all four major candidates that have entered or are preparing to enter the race. None of the candidates were invited to appear or speak so that the party could determine the early consensus before traditional campaigning began.

When the final votes were tallied, the final results were: Chris Christie – 77%, Steve Lonegan – 23%. Assemblyman Rick Merkt and Mayor Brian Levine did not receive any votes.

Rrailroad tracks 025 A QUALITY OF LIFE ISSUE-The old, rotten railroad ties that were left along sections of Johnson Blvd and all of Klemm Avenue are unsightly and blight on the surrounding neighborhoods. The work to replace the old ties with new ones was completed over two months ago. 

PHOTO: A CONRAIL train passes the rotten railroad ties and trash that lines the railroad tracks along Johnson Blvd and all of Klemm Avenue to Rt. 130

You or I leave trash thrown about like this  and the City would take us to court. It seems the same rules don’t apply to CONRAIL. If it did those railroad ties would have been removed by now.

And this isn’t the first time. A Klemm Avenue resident told me that old railroadRrailroad tracks 014 ties that were replaced two years ago are still lying along side of the tracks from that job. Photo: trash left by Conrail workers at the cross way to the Johnson Blvd. Jogging Track


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