KLINE & SPECTER Liberty View 457 Haddonfield Road, Suite 540 Cherry Hill, New Jersey 08002 (856) 662-1180 By: Jonathan M. Cohen, Esquire James J. Waldenherger, Fsquire HOWARD BOGAN and JEANNINE BOGAN, bi 123 Nobility Court Tomis River, NJ 087: Plaintiff JACKSON TOWNSIHP POLICE DEPT. 102 Jackson Drive Jackson, NI 08527 and JACKSON TOWNSHIP 95 West Veterans Highway Jackson, New Jersey 08527 and oO \TY NEW JERSEY 120 Hooper Avenue Toms River, NJ 08753 and LIEUTENANT JOHN SEIDLER c/o JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ 08527 and DET. SGT, MICHAEL CUNNINGHAM ¢io: JACKSON TOWNSHIP POLICE DEPT 102 Jackson Drive Jackson, NJ 08527 and DET. SGT. DENIS CAMPBELL c/o JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ 08527 and CAPTAIN CHRISTOPHER DUNTON c/o JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ 08527 Attorneys for Plaintiffs SUPERIOR COURT OF NEW JERSEY LAW DIVISION - OCEAN COUNTY DOCKET NO. CIVIL ACTION - COMPL T Mh 20278)KLINE & SPECTER Liberty View 457 Haddonfield Road, Suite 540 Cherry Hill, New Jersey 08002 (856) 662-1180 By: Jonathan M. Cohen, Fsquire James J. Waldenberger, Esquire HOWARD BOGAN and JEANNINE BOGAN, hiw 123 Nobility Court Toms River, NJ 08755 Plaintiff v. JACKSON TOWNSHIP POLICE DEI 102 Jackson Drive Jackson, NJ 08527 and JACKSON TOWNSHIP 95 West Veterans Highway Jackson, New Jersey 08527 and OCEAN COUNTY NEW JERSEY 120 Hooper Avenue Toms River, NJ 08753 and LIEUTENANT JOHN SEIDLER c/o. JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, N) 08327 and DET. SGT. MICHAEL CUNNINGHAM c/o. JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ 08527 and DET. SGT. DENIS CAMPBELL e/o JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ 08527 and CAPTAIN CHRISTOPHER DUNTON cio JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ 08527 ANG 14 Attomeys for Plaintiffs SUPERIOR COURT OF NEW JERSEY LAW DIVISION - OCEAN COUNTY DOCKET NO. x S0aL oS CIVIL ACTION - COMPLAINTand CHIEF MATTHEW KUNZ c/o JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ 08527 and OFFICER COLLIN MENAFRA co JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ 08527 and OFFICER JOSEPH CANDIDO e/o JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ 08527 and OFFICER JOHN RODRIGUI 102 Jackson Drive Jackson, NJ 08527 and OPFICER SHAWN HOBSON cio JACKSON TOWNSHIP POLICE DEPT 102 Jackson Drive Jackson, NI.08527 and OFFICER SCOTT CONOVER c/o JACKSON TOWNSHIP POLICE DEPT. 102 Jackson Drive Jackson, NJ. 08527 and OFFICER JOSEPH OLEKSE cio {ACKSON TOWNSHIP POLICE DEPT. [02 Jackson Drive Jackson, NJ 08527 and JOHN DOES NOS. 1-10 Defendants COMPLAINT Plaintiffs, Howard Rogan and Jeannine Bogan, fw, by and through their undersigned counsel, Kline & Specter, hereby complain of the above detendants, and aver as follows: 2PARTIES AND 1. Plaintiffs, Howard Bogan and Jeannine Bogan, were married on November 2, 1996, and are adults and are residents and citizens of the State of New Jersey, residing herein at 123 Nobility Court, Toms River, New Jersey, 08755 2. Upon information and belief, at all times relevant hereto, defendant Jackson Township Police Department (hereinafter referred to as “Jackson Police”), is a public and/or municipal corporation organized and existing pursuant to the laws of the State of New Jersey for purposes of law enforcement throughout the township with offices located at 102 Jackson Drive, Jackson, New Jersey 08527 3. Upon information and belief, at all times relevant hereto, defendant Jackson Township (hereinafier referred to as “Jackson Township”), is apublic and/or municipal corporation, is a jural or other entity organized and existing under the laws of the State of New Jersey, and maintains and/or operates offices located at 95 West Veterans Highway, Jackson, New Jersey. 08527, 4. Upon information and belief, at all times relevant hereto, defendant Ocean County New Jersey (hereinafter referred to as “Ocean County’ | is a public and/or municipal corporation. is a jural or other entity organized and existing under the laws of the State of New Jersey. and maintains and/or operates offices located at 120 Hooper Avenue, Toms River, New Jersey, 08753. Jackson Police, Jackson Township and Ocean County are agents of each other. 5. Upon information and belief, atall times relevant hereto, defendant Lieutenant John Seidler. (hereinatter referred to as “Lt. Seidler”) was working in the scope and course of his employment as a Police Officer with the Jackson Township Police Department and/or Jackson Township and/or Ocean County, and was employed by the Defendant, Jackson Township PoliceDepartment and/or Fackson Township and/or Ocean County, with offices located at 102 Jackson Drive, Jackson, New Jersey 08527. 6 Upon information and belief, atall times relevant hereto, defendant Det, Sgt. Michael Cunningham, (hereinafter referred to as “Sgt. Cunningham”) was working in the scope and course of his employmentas a Police Officer with the Jackson Township Police Departmentand/or Jackson Township and/or Ocean County, and was employed by the Defendant, Jackson Township Police Department and/or Jackson Township and/or Ocean County, with offices located at 102 Jackson Drive, Jackson, New Jersey 08527. 7. Upon information and belief, atall times relevant hereto, defendant Det. Sgt. Denis Campbell, (hereinafter referred to as “Sgt. Campbell”) was working in the scope and course of bis employment as a Police Officer with the Jackson Township Police Department and/or Jackson Township and/or Ocean County, and was employed by the Defendant, Jackson Township Police Department and/or Jackson Township and/or Ocean County, with offices located at 102 Jackson Drive, Jackson, New Jersey 08527, 8. Upon information and belief, at all times relevant hereto, defendant Captain Christopher Dunton, (hereinafter referred to as “Captain Dunton”) was working in the scope and course of his employments a Police Officer with the Jackson Township Police Department and/or Jackson Township and/or Ocean County, and was employed by the Defendant, Jackson Township Police Department and/or Jackson Township and/or Ocean County, with offices located at 102 Jackson Drive, Jackson, New Jersey 08527. 9. Upon information and belief. at all times relevant hereto, defendant Chief Matthew Kunz, (hereinafter referred 10 as “Chief Kunz”) was working in the scope and course of his employment as a Police Officer with the Jackson Township Police Department and/or Jackson‘Township and/or Ocean County, and was employed by the Defendant, Jackson Township Police Depactment andlor Jackson Township and/or Ocean County, with offices located at 102 Jackson Drive, Jackson, New Jersey 08527. 10, Upon information and belief, at all times relevant hereto, defendant Officer Collin Menafia, (hereinafter referred to es “Officer Menafra”) was working in the scope and course of his employment as a Police Officer with the Jackson Township Police Department anW/or Jackson ‘Township and/or Ocean County, and was employed by the Defendant, Jackson Township Police Department and/or Jackson, Township and/or Ocean County, with offices located at 102 Jackson Drive, Jackson, New Jersey 08527. 11, Upon information and belief, at ail times relevant hereto, defendant Officer Joseph, Candido, (hereinafter referred to as “Officer Candido”) was working in the scope and course of his employment as a Police Officer with the Jackson Township Police Deparunent and/or Jackson: Township and/or Ocean County, and was employed by the Defendant, Jackson Township Polive Department and/or fackson Township and/or Ocean County, with offices located at 102 lackson Drive, Jackson, New Jersey 08527 12. Upon information and belief, at all times relevant hereto, defendant Officer John Rodriguez, (hereinafter referred to as “Oliver Rodriguez") was working in the seope and course of his employment as a Police Officer with the Jackson Township Police Department and/or Jackson Township and/or Ocean County, and was employed by the Defendant, Jackson Township Police Department and/or Jackson Township and/or Ocean County. with offices located at 102 Jackson Drive, Jackson, New Jerscy 08527. 13, Upon informetion and belief, at all times relevant hereto, defendant Officer Shawn Hobson, (hereinafter referred to as “Officer Hobsoni") was working in the scope and course of hisemployment as a Police Officer with the Jackson ‘Township Police Department and/or Jackson Township and/or Ocean County, and was employed by the Nefendant, Jackson Township Police Department and/or Jackson Township and/or Ocean County, with offices located at 102 Jackson Drive, Jackson, New Jersey 08527. 14. Upon information and belief, at all times relevant hereto, defendant Officer Scott Conover, (hereinafter referred to as “Officer Conover”) was working in the scope and course of his employment as a Police Officer with the Jackson Township Police Department and/or Jackson Yownship and/or Ocean County, and was employed by the Defendant, Jackson Township Police Department and/or Jackson Township andlor Ocean County, with offices located at 102 Tackson Drive, Jackson, New Jersey 08527. 15. Upon information and belief, at all times relevant hereto, defendant Officer Joseph Olekse, (hereinafier referred to as “Oflicer Olekse”) was working in the scope and course of bis employment as a Police Officer with the Jackson Township Police Department and/or Jackson ‘Township and/or Ocean County, and was employed by the Defendant, Jackson ‘Township Police Department and/or Jackson Township and/or Ocean County, with offices located at 102 Jackson Drive, Jackson, New Jersey 08527. 16. Defendants, John Does Nos. 1-10, are business entities and/or individuals and/or employees/agents of the Jackson Township Police Department, Ocean County, New Jersey. whose true identities are presently unknown. Plaintiff, Howard Bogan reserves the right fo substitute the name(s) for Police Officers or employee(s) of Ocean County, New Jersey, when and if such information becomes available. 17, Atall times relevant hereto, all defendants in this action were acting by and through themselves in their individual capacities, and/or additionally by and through their actual and/orostensible agents, servants, employees, who were in the course and scope of their actual or apparent employment, service and/or ageney with all other defendants. 18. suc is properly pled in the Superior Court of the County of Ocean, New Jersey pursuant to R. 4:3-2(@). 19. Onor about November 29, 2007, Officer Anuario came to Detective Bogan for his assistance in obtaining necessary and required information from a Confidential Informant for a narcotics arrest warrant for a crime involving a brick of heroin. icer Anuario he could not do it at that time, but that it 20. Detective Bogan advised Of would have to be another night. 21. Officer Amuario went ahead and made the arrest anyway, without the Confidential Informant’ s information supporting the warrant. 22. Officer Anuario came back to Detective Bogan after the arrest to communicate with the informant and was told by Detective Bogan “we don’t do things that way.” 23. Detective Bogan called his Supervisor, Denis Campbell and told him what happened Campbell told Detective Bogan “we don’t work that way.” 24. Officer Anuario went to Detective Bogan and asked him what he should do. Detective Bogan told Officer Anuario to tell the truth in his report and to make his report legitimare, 25, Officer Anuario wrote his report and submitted it to his superior. 26, A few months later, Officer Anuario told Detective Bogan he was in trouble with the prosecutor's office because of his report. 27. Detective Bogan told Officer Anuario to just be honest.28. Detective Bogan was notified by Captain Newman that he needed to go to the Prosccutor’s office and give a statement about what he knovr 29, Narcotics Detective, Leroy Marshall, from the Lakewood Township Police Dept, was also called to the Prosecutor's Office to give his statement and/or testimony about what happened. 30, On orabout May 8, 2008, Plaintiff Howard Bogan, a detective and Union President of the Jackson Police Department was a prosecution witness in a criminal proceeding aginst Officers James Anuario and Officer John Suanno, police officers of the Jackson ‘Township Police Department, who were indicted for perjury in a nareoties case 31. Officers James Anuario and Officer John Suanno were persuaded to resign from the 5, 1008 in Liew of further prosecution, Jackson Township Police Department on August 1 32, On August 15, 2008, Detective Bogan began being harassed by defendants. 33. On August 15, 2008, Howard Bogan was in the Watch Commander's office at the Jackson Township Police Depariment when Officer Collin Menafta came to the door and celled Detective Bogan a “fucking asshole” and “rat.” 34. On August 16, 2008, Howard Bogan received a phone call ai his home from Officer Menaira on the case, Officer Menafia was erying and very angry. He expressed how upset he was about Dificer Jimmy Anuario because they had been friends since high school. Officer Menafratold Detective Bogan that Jimmy told him that Detective Bogan was responsible for his friend being forced to resign. Officer Menafra also explained that Officer Jimmy Anuario shared select pages of Detective Bogan’s statement. Officer Menatfra told Detective Bogan that Jimmy was no longer able to support his family. 35, During the time between August 16, 2008 and August 18, 2008, Detective Bogan spoke with Supervisor, Police Sergeant John Decker on the phone. Sergeant Decker told Detective 8Bogan that his testimony has created a “storm” in the department, and that the officers on the four to twelve shift were upset and a good portion of the officers on the midnight shift were also angry and that management was doing a poor job addressing the matter. Sergeant Decker advised Detective Bogan to take some time off to avoid any “situations.” 36. Onorabout August 18, 2008. Howard Bogan arrived at work and found a small toy ‘mouse on his ebair at his desk signifying that he was 2 “rat.” 37 Onorabout August 18, 2008, Howard Bogan had multiple conversations with various coworkers. He spoke with Officer Joseph Olekse and he advised Detective Bogan that the other officers were really upset with him and now perceive him as a “rat” and therefore that he is untrustworthy in the position of Unien President. Officer Olckse explained the good of the Union and how it was his first priority. Officer Frank Cipully advised Detective Bogan that members of the Fackson Police were calling for Detective Bogan’s resignation as Union President. Officer inst two Cipully elaborated that members believed he had violated a law by giving testimony ag “Brothers. 38. Onor about August 18, 2008, Howard Bogan spoke with Office Joseph Candido Officer Candido advised that the four to twelve shift was upset with Detective Bogan and there was 4 list of the officers that would like to hurt or fight Detective Bogan. Detective Bogan advised Officer Candido that he would come to their briefing to discuss his involvement with the testimony against Officers Anuario and Suanno. Officer Candido advised Detective Bogan to stay away and definitely not to call for backup because no one would show. Officer Candido also stated that Detective Bogan should not respond to calls or get involved onthe road. He told him to “avoid them totally.” Officer Candido told Detective Bogan that “the Union was his first priority.” 39. On or about August 18. 2008, Howard Bogan spoke with Officer John Rodriguer, 9President of the Union. Officer Rodriguez. advised he was friends with “Jimmy” (Officer Anuario) and was upset with Detective Bogan’s involvement. Officer Rodrigue? also advised that the other officers want Detective Bogan brought up on charges and want him to resign as Union President. Officer Rodriguez stated that under the circumstances, he had to agree with the membership. He also stated that Detective Bogan should have disclosed his involvement ip the Amuario and Suanno matter before becoming Union President. Detective Bogan informed Officer Rodriguez that disclosure would have heen a criminal act, and that he was not going to resign. 40. On or about August 19, 2008, Detective Bogan arrived to work and found a toy ra onhis chair. Detective Bogan remained on the detective’s side of the building on this day to avoid any confrontations with fellow officers, Detective Campbell Brown informed Detective Bogan to Jay low until the matter clears, Detectives Shawn [obsonand Scott Conover called Detective Bogan a “rat” and a“sniteh,” 41 Onor about August 19, 2008, Officers Rodriguez and Candido came to the Detective Bureau to speak with Detective Bogan. They told Detective Bogan that the rank and file is extremely upset and his safety was therefore in jeopardy. They insisted that Detective Bogan explain his involvement {rom the beginning. Officer Rodriguez informed Detective Bogaa that Officer Anuario ismaking claims that Detective Bogan “sold them out” in exchange for lenieney or other unknown reason. AS requested, Detective Bogan informed Officers Rodriguez and Candido of his involvement. They both stated that it was contrary to what they heard elsewhere. Officer Rodriguez informed Detective Bogan that he was not willing to put the truth hefore his friendship because he did not believe Jimmy Anuario would lie so it must be Detective Bogan’s fault he was let go. 42, Onor about August 19, 2008, Detective Bogan spoke to Sergeant Decker vietelephone, Sergeant Decker advised Detective Bogan that many members of the police department cannot believe what he did, including members from the four to midnight shift, (i.e. McClain, Notate, Schinder, Candido and Lt. Cheney) and that they want to fight Detective Bogan and are “not willing to let this go." Sergeant Decker also advised that he had known Jimmy since high school ‘This was the last time Detective Bogan spoke with Sergeant Decker, Sergeant Desker would not retum any of Detective Bogan’s calls. 43. Onorabout August 19, 2008, Officers Olekse and Cipully reiterated their August 18, 2008 conversation, Oificer Olekse stated that most people believe that Detective Bogan cooperated in exchange for something and somehow lied. Detective Bogan informed Officer Olekse that he would call the Ocean County Assistant Prosecutor, Ronald Deligny, to clarify this matter. Detective Bogan called Deligny and asked if he was a suspect in the matter and Ronald Deligny advised that Detective Bogan was not Officer Cipully informed Detective Bogan that Offivers Anuario and Suanno lied on their legal representation applications. They wrote that they needed representation because they were accused of stealing money when in fact, it was due to their lying in a report and giving false testimony 44. Onorabout August 20, 2008, Mr,, Bogan was subpoensed to Courtto give testimony on an unrelated matter. Detective Mitch Cowit and Lt. Andrew Cheney were also present. Lt Cheney advised that he wanted to know in which case Detective Bogan was going to testify. He advised Lt. Cheney of hisinvolvement, Detective Bogan also advised Lt. Cheney of the harassment he had been subject to ona daily basis. Lt, Cheney advised Detective Bogan that the four to twelve shift was “pissed off at him.” Detective Bogan explained that he would come to their briefing anc speek with them. Lt. Chency advised Detective Bogento stay away from the shift because they were iangry with him and it would not have a good outcome. Detective Cowit also advised Lt. Cheney that he was getting “some flack” over this matter due to his being called to speak with Captain Christopher Shamaty during the investigation. This was the last time Detective Bogan spoke with Detective Cowit since he would no longer accept any of Detective Bogan's phone calls. 45. On or about the allernoon of August 20, 2008, Detective Bogan arrived to work. Detectives Shawn Hobson and Scott Conover joked about Detective Bogan being a “rat” and “snitch.” 46, On or about August 21, 2008, due to the harassment as set forth above, Detective ‘Bogan was upset, emotional and could not stop erying, so he called out of work. Detective Sergeant Cunningham called Detective Bogan and advised that he had spokea with Captain Dunton and Lt. Bogun could John Seidler, Detective Sergeant Cunningham explained they agreed that Detecti take some time off until he felt better and things “cooled down.” 47. Oncor about August 21, 2008, Li. John Seidler called Detective Bogan and stated “fuck those guys.” Lt. Seidler advised Detective Bogan to not pay any attention to them and get on with his life. Lt. Seidler also advised Detcetive Bogan to stay out of work until be felt better: 48 On or about August 21, 2008, Captain Dunton was handed the phone by Lt. Seidler during his call. Captain Dunton advised Detective Bogan that he spoke with “Jimmy” and the conversation was light. Captain Danton stated “Jimmy is doing as well as can be expected.” Captain Dunton further advised Detective Bogan to stay out of work until he felt better 49, On or about August 22, 2008, Lt. Richard Wagner called Detective Bogan and advised that be and the other shift supervisors (Lt. Cheney and Lt. Neill) tock it upon themselves to speck with their respective shifts about the harassment of Detective Bogan, This was being donebecause they felt upper management bad not handled the matter appropriately and things had dcgencrated to the point they were out of contral. Tt. Wagner also advised Detective Bogan that he knew Detective Bogan had beea harassed because Lt, Wagner heard talk around headquarters 50. In August, 2008, within days of being out sick, Detective Sgt. Cunningham called Detective Bogan and advised Detective Bogan that the doctor's note oblained from Detective Bogan’s general practitioner was no longer going to be accepted and that Detective Bogan needed to go to a specialist. Detective Sgt. Cunningham advised Detective Bogan that this instruction was from Captain Dunton. Detcetive Bogan informed Detective Sgt. Cunningham that his supervisors” support hac quickly waned. Detective Bogan complied and continued to be out sick with notes from a specialist. 51. In September, 2008, Chief Matthew Kunz contacted Detective Bogan and advised that he was upset with a t-shirt the union was going to be handing out ata function. The t-shirt took personal shots at the Chief, Detective Bogan told Chief Kunz. he would look into it 52. Detective Bogan contacted Police Officer Fred Meabe and advised they were not going to print the shirt and to come up with another design. Police Officer Meabe advised Detective Bogan that he was no longer in charge and “J-Rod” was calling the shots. Police Officer Meabe explained this was according to Candido and Redrigues 53. Detective Bogan advised Police Officer Meabe that if printed the t-shirts, Police Officer Meabe would be brought up on departmental charges by the Chief. Detective Bogan further explained he would cheek with Candido and Rodriguez. 54, Within minutes of that conversation, both Candido and Rodriguez called Detective Bogan to inform him that he was out sick and that they were calling the shots with regard to unionmatters, Detective Bogan advised them not to print the t-shirts and Detective Bogan would override them with regard to the payment, 55. In August/September, 2008, Police Officer Cipully advised Detective Bogan that at the request of a certain group of union members, Police Officer Cipully was asked to contact the state union and request Detective Bogan be brought up on union charges for hurting other union members. According to Police Officer Cipully, the State Union advised that Detective Bogan could not be brought up on charges, because Detective Bogan was within the performance of his duties as 2 police offic 56. In September, 2008, during the Executive Board portion of the meeting, Police Officers Candido and Rodriguez discussed the fact that Detective Bogan was out sick, and therefore should allow Rodriguez to called the shots until Detective Bogan’s return. 57. It was agreed that Rodriguez would be in charge, but keep Detective Bogan abreast of any and all pressing matters by telephone, and upon Detective Bogan’ s return, reassume the role as Vice-President. 58 InSeptember, 2008, Police Officer Olekse called Detective Bogan on the telephone and advised that he was trying to settle things down and needed Detective Bogan to come to the union meeting. Police Officer Olekse further explained that he aceded Detective Bogan to once again state his side of the matter. because “Jimmy” was sharing select pages of Detective Bogan’s statement 59. Detective Bogan complied with the request and attended the meeting. Detective Bogan reada prepared statement to the membership detailing his involvement in the Anuario matter This was extremely emotional for Detective Bogan.60. Upon conclusion of the statement, Police Officer Meahe stood up and stated that he had partaken in the harassment, because at that time be only had one side of the story. Police Officer Meabe further stated that he was sory. Police Officer Mike Kelly also stated the same. With Officers Anuario Detective Bogan present at the meeting, the union members voted to give Polis and Suanno money to help them pay their bills, because they were now out of a job. This motion ‘was put on the floor by Police Officer Rodriguez, 61. The following day, Police Officer Olekse called Detective Bogan and apologized for the union flooring the matter of the money with Detective Bogan present. Police Officer Olekse stated he did not know ihis was going to happen. Detective Bogan advised Police Officer Olekse that it wasa slap in the face, the union should not give criminals money and would no lager defend himself to empty ears 2. The following day, Detective Bogan received a voicemail message. ‘The message made fun of Detective Bogan for being upset and crying at the union meeting. The sender pretended to cry into the telephone. 63, In October, 2008, Detective Sgt. Cunningham met Detective Bogan ata location other than police headquarters to collect his paycheck, 64, Detective Sgt. Cunningham advised Detective Bogan that Lt. Seidler and Captain Dunton felt Detective Bogan was overreacting and taking advantage of the situation by being sick this long, Detective Sgt. Cunningham further stated they thought Detective Bogan was being “a baby” about it 65. InOctober/Novernber, 2008, Lt. Scidler called Detective Bogan athome. Lt Seidler wwas angry because an investigation Detective Bogan had been working on was not submitted, due 15to Detective Bogan being sick. Detective Bogan informed Lt. Seidler that he would complete the report and submit it, Lt, Seidler’s tone was angry. 66. — Later that day, Detective Set. Cunningham advised Detective Bogan that he wa ordered to come to Detective Bogan’s house and remove his employce-supplied car, Detective Bogan advised Det. Sgt. Cunningham that he would not be available to clean it out until the following day. The car was taken the following day, Det. Sgt. Cunningham explained that another detective needed the car temporarily, Det. Sgt. Cunningham advised Detective Bogan the car would be available to him upon his return to work 67. The car was quickly assigned to Police Officer Mike Kelly upoa his promotion to the Detective Bureau. Mike Kelly and Police Officer Mendez were moved from the 4 to 12 shift, to the Detective Bureau; one of them being assigned to the night shift in Detective Bogan’s place. 68. Police Officer Mike Kelly stopped callingand conversing with Detective Bogan afier Anuario and Suanno resigned. 69, In October/November, 2008, Chief Kunz asked Detective Bogan if he would mind completing reports while out sick. Detective Bogan advised Chief Kunz that he would consult with his therapist. A call was placed to the union attomey about the matter. The attomey advised against Detective Bogan completing the reports due to his sickness. Detective Bogan advised Chief Kunz that he would work on completing two reports that were pending indictment. Detective Bogan requested a laptop computer to work from home. Chief Kunz advised Detective Bogan that his laptop was no longer available, as it had been reassigned. Detective Bogan was out sick two months andall his gear was redistributed. 70, In November 2008, Det. Sgt. Cunningham met and gave Detective Bogan hispaycheck. Det, Set, Cunningham advised Detective Bogan to siay out of work until after the first of the year, because they still upset with Detective Bogan and it would take longer for them io forget. This was the last time Detective Bogan met with Det. Sgt. Cunningham to collect his paycheck. 71. In November, 2008, during a telephone conversation with Police Officer Candido, he was advised that upon Tetum to work, ke would no longer be a Detective and it was “up in thea” 1 far as where Detective Bogan would be assigned. 72. Detective Bogan contacted Chief Kunz and asked him about Police Officer Candido’s statement, Chief Kunz advised that Captain Dunton recommended that Detective Bogan move out he Felt the ofthe Bureau due to assignments that were not completed. The Chief then advised th basis for this was fabricated and exaggerated by Captain Dunton. Chief Kunz assured Detective Bogan that he could retum to his position if he so decided. 73. In January/February, 2009, Police Oliver Cipully called Detective Bogan and advised that the union was going to floor a moticn to remove him as President. Detective Bogan was also advised that Police Officers Candido and Rodriguez were leading the charge with the support and participation of Police Officer Olekse. They were going to base their motion on the fact that Detective Bogan had not been participating or attending meetings. Detective Bogan advised Police Officer Cipully that only a few meetings earlier, it was agreed that Police Officer Rodriguez. would call the shots until Detective Bogan returned to work. Police Officer Cipully explained that according to Police Officer Rodriguez, Detective Bogan had not been returning his calls. Detective Bogan explained to Police Officer Cipully thatit was quite to the contrary, that Detective Bogan had been calling Police Officer Rodriguez and that he was the one not retuming his calls. Detective 7Bogen further explained that when Police Officer Olekse was out with a broken leg, he did not attend or participate in meetings. Police Officer Cipully continued to explain that this was going to be done sccretively and that Detective Bogan should come to the meeting to stop it. Detective Bogan advised that he was in no shape to attend the mecting and didn’t care if he lived or died. Detective Bogan further advised Police Officer Cipally that they should do whatever they deem necessary. Just make sure it was legal, because they would have to answer for it sometime. 4. Between January and February, 2009, Lt. John Siedler disputed the manner in which Detective Bogan had been calling out sick. He was unhappy that Detective Bogan’s doctor's notes ‘were being faxed dircetly to Dsgt. Michael Cunningham and Mr. Bogan had been calling the Chief, directly to report his continued absence from work. Lt. Siedler and Detective Bogan disagreed on this matter and Lt. Siedler’s tone was angry. 75. Between January and February, 2009, Dsgt. Cunningham culled Detective Boganand informed him that he was directed to collect his police weapons. Detective Bogan told Dsgt Cunningham to come to his house later in the aftemoon to collect them. Detective Bogan also advised Dsgt. Cunningham that every time he disagreed with Lt. Siedler, they would come and take something from him, Dsgt. Cunningham advised Detective Bogan that he was only deing what he was ordered, Dsgt. Cunningham weat to Detective Bogan’s house to collect his weapons and this was the I time they spoke. 76. InApril,2009, Mr. Bogan spake to Officer Francisco Mendez. Headvised Detective Bogan to resign as President and allow Officer Rodriguez to be president. Between July and August 2009, Sexgeaat Steven Laskiewicz pulled Mr. Bogan over while he exited the parking lot of his daughter's day care. Officer Laskiewiez asked Mr. Bogan “what are you doing in town?” Te also 1s.asked Detcetive Bogan if he was coming back to work or leaving the department. Mr. Bogan’s answers were vague, Officer Laskiewicz said he pulled Detective Bogan over for “tinted windows.” Detective Bogan has used this vehicle for operations conducted in the performance of his duties as a police officer 77. ‘As a result of the harassment and wrongful conduct of the defendants as set forth above, which was committed in response to and in retaliation for Detective Bogan’s disclosure of the unlawful, illegal, and unethical conduct of fellow law enforcement officers and his resulting participation in lawful proceedings with the prosecutor's office, Plaintiff, Howard Bogan, suffered including. without limitation, the following. a) panic and anxiety attacks; b) posttraumatic stress disorder; ©) embarrassment and humiliation; depression; ©) pastand future medical expenses; ) — pastand future mental anguish: g) _ pastand future severe emotional distress, h) —_alldamagesas set forth in greater detail in plaintiff Howard Bogan’s medical records; 3) job loss and eamings capacity loss; ) demotion; k) personal expenses; 1) losses recoverable under N.J.S.A. 34:19-1:3, e¢ seq 78. Plaintiff, Howard Bogan’s. injuries were caused solely by the defendants, as set forthmore fully below, and were not caused orcontributed thereto by any negligence or wrongful conduct on the part of plaintiff. 79. New Jersey law prohibits an employer from taking any retaliatory action against an employee because the employee does any of the following: (a) Discioses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the employee or another employer or another employer, with whom there is a business relationship, that the employee reasonably believes is in violation of @ law, or a tule or regulation issued under the law, or in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care; (6) Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation issued under the law by the employer or another employer, with whom there is a business relationship, or, in the case ofan employee who is a licensed or certified health care professional, provides information to, ot testifies before, any public body conduction an investigation, hearing or inquiry into quality of patient care; or (©) Objects 10, or refuses to participate in, any activity. policy or practice which the employee reasonably believes: () is inviolation of the Law, or a tule or regulation issued under the law, or, if the employee is a licensed or certified health care professional coastitutes improper quality of patient care: Gi) is freudulent or criminal; or (iijis incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment. N.JS.A. 3419-3 2080. The conduct of all defendants violates the above laws and entitles plaintiff to damages. Asaresult of the above retalietory and wrongful conduct of defendants as set forth above, Detective Bogan has experienced a constructive firing, in that the conduct has rendered him so damaged that he is unable to return to his regular duties as a Detective, and he will be forced to deplete his sick time and vacation time pay, and then be unable to earn his salary orany income fiom his employment with Jackson Township andior Jackson Police and/or Ocean County 81, _Atall times relevant, the conduct of all defendants as set forth above and herein was committed on bebalf of and at the behest of the defendants” principals and/or employer. wiih the knowledge and/or encouragement, and/or consent of the principals and/or employers. FIRST COUNT Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Ja Department 82. The allegations in the previous paragraphs 1 through 81 are incorporated herein by reference as if set forth in full. $3. ‘As set forth above, Defendant Jackson Police is liable for its conduct and omissions ofthe Jackson Township, Ocean County. its agents and their employees under theories of respondeat superior master-servant, agency, and right of control $4. Asaresultof the defendant Jackson Police’s conduct, as aforesaid, plaintiff, Howard Bogan, required, and will continue to require psychiatric treatment 85, Asa result of defendant Jackson Police’s conduct, as aforesaid, plaintiff, Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the future require further medical care, rehabilitation, treatment and the like. He was and is prevented from and chores, and assuming employment, and was and undertaking activities of daily living, dutie 21is in other ways damaged and injured to his great detriment 86. Asa result of defendent Jackson Police’s conduct, es aforesaid, Plaintiff, Howard Bogan’s, eaming power and earings capacity have been materially and adversely affected and he ‘was and is obliged to pay hospital, medical and other expenses to help effect a cure and remedy for his conditions WHEREFORE, plaintiffs, Howard Bogan and Jeannine Bogan, h’w, demands judgment against defendant Jackson Township Police on this Count for damages. in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit ineucred. "OND COUNT Plaintiffs, Hogan Bogan and Jeannine Bogan, h/w v. Defendant, Jackson Township 87. The allegations in the previous paragraphs | through 86 are incorporated herein by reference as if set forth in full 88. As set forth above, Defendant Jackson Township is liable for its conduct and omissioasof the Jackson Police, its agents and theiremployees under theories of respondest superior master-servant, agency, and right of control $9. Asa result of the defendant Jackson Township's conduct, as aloresaid, plaintiff, Howard Bogan, required, and will continue to require psychiatric treatment. 90. Asaresultofdefendant Jackson Township’s conduct, as aforesaid, plaintiff, Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the future recuire further medical care, rehabilitation, treatment and the like. He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and is in other ways damaged and injured to his great detriment. 91. Asaresult of defendant Jackson Township's conduct, as aforesaid, Plaintiff, HowardBogan’s, caming power and earnings capacity have been materially and adversely affected and he ‘was and is obliged to pay hospital, medical and other expenses to help effect a cure and remedy for his conditions. WHEREFORE, plaintiflS, Howard Bogan and Jeannine Bogan, b/w, demands judgment against defendant Jackson Township on this Count for damages, in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit incurred. THIRD COUNT Plaintiffs, Hogan Bogan and Jeannine Bogan, hiw v. Defendant, Ocean County, NJ 92, The allegations in the previous paragraphs 1 through 91 are incorporated herein by reference as if set forth in full 93, Asset forth above, Defendant Ocean County is liable for its conduct and omissions, of the Jackson Police, Jackson Township, and their employees and agents under theories of respondeat superior master-servant, agency, and right of control. 94, Asaresult of the defendant Ocean County's condu Toward as aforesaid, plaint Bogan, required, and will continue to require psychiatric treatment. 95, Asarresult of defendant Ovean County’s conduct, as aforesaid, plaintitl, Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the future require further medical care, rehabilitation, treatment and the like. He was and is prevented from and chores, and assuming employment, and was and undertaking activities of daily living, duties is in other ways damaged and injured (o his great detriment 96. Asa result of defendant Ocean County’s conduct, as aforesaid, Plaintifi, Howard Bogan’s, eaming power and earnings capacity have been materially and adversely affected and he was and is obliged to pay hospital, medical and other expenses to help effect a cure and remedy forhis conditions. WHEREFORE, plaintifis, Howard Bogan and Jeannine Bogan, hi , demands judgment against defendant Ocean County, New Jersey on this Count for damages, in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit incurred. FOURTH COUNT Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Lieutenant John Seidler 97. Theallegations in the previous paragraphs 1 through 96 are incorporated herein by acference as if set forth in full. 98. Asset forth above, defendant Lt, Seidler is liable for the conduct and omissions of the Jackson Police, Jackson Township, Ocean County and their employcesand agents under theories of respondeat superior master-servant, agency, and right of control. 99, Asaresult of the defendant Lt. Seidler’s conduct, as aforesaid, plaintiff, Howard Bogan, required, and will continue to require psychiatric treatment. 100. Asaresult of defendant Lt, Scidler’s conduct, as aforesaid, plaintiff, Howard Bog: has sustained severe, painful and permanent injuries and has and will in the future require further medical care, rehabilitation, treatment and the like. He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and is in other ways damaged and injured to his great detriment. LOL. As a result of defendant Lt. Seidler’s conduct, as aforesaid, Plaintiff, Howard Bogan’s, earning power and earings capacity have been materially and adversely affected and he was and is obliged to pay hospital, medical and other expenses to belp effect a cure and remedy for his conditions. WHEREFORE. plaintiff, Howard Bogan, demands judgment against defendant Lt. Seidler 24on this Count for damages, in excess of the local arbitration limits, exclusive of interest and co: plus costs of suit incurred, HIFTH COUNT Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Det. Sgt. Michael Cunningham 102. The allegations in the previous paragraphs | through 101 are incorporated herein by reference as if set forth in Full. 03, As set forth above, defendant Det, Sgi. Cunningham is liable for the conduct and omissions of the Jackson Police, Jackson Township, Occan County and their employees and agents under theories of respondeat superior master-servant, agency. and right of control. 104. Asaresult of the defendant Det. Sgt. Cunningham's conduct, as aforesaid. plaintiff. Howard Bogan, required, and will continue to require psychiatric treatment. 105. Asa result of defendant Det. Sgt. Cunningham’s conduct, as aforesaid, plaintiff Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the future require further medical care, rehabilitation, treatment and the like. He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and js in other ways damaged and injured to his great detriment 106. As a result of defendant Det. Sgt. Cunningham’s conduet, as aforesaid, Plaintiff, Howard Bogan’s, carning power and carnings capacity have been materially and adversely affected and he was and is obliged to pay hospital, medical and other expenses te help effect a cure and remedy for his conditions. WHEREFORE, plaintiff, Howard Bogan. demands judgment against defendant Det. Set Cunningham on this Count for damages, inexcess of the local arbitration limits, exclusive of interestand costs, plus costs of suit incurred. SIXTH COUNT Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Det. Sgt. Denis Campbell 107. The ellegations in the previous paragraphs 1 through 106 arc incorporated herein by reference as if set forth in full 108. As set forth above, defendant Det. Sgt. Campbell is liable for the conduct and omissions of the Jackson Police, Jackson Township, Ocean County and their employees and agents under theories of respondeat superior master-servant, agency, and right of control 109. As aresult of the defendant Det. Sgt. Campbell's conduct, as aforesaid, plaintiff. Howard Bogan, required, and will continue to require psychiatric treatment. 110. Asaresultof defendant Det. Sgt Campbell's conduct, as aforesaid, plaintiff, Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the Cuture require further medical care, rehabilitation, treatment and the like. He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and is in other ways damaged and injured to his great detriment. ILL. Asaresultofdefendant Det. Sgt. Campbell’s conduct, as aforesaid, Plaintiff, Howard Bogan’, earning power and eamings capacity bave been materially and adversely affected and he was and is obliged to pay hospital, medical and other expenses to help effect a eure and remedy for his conditions. WHEREFORE, plaintiff, Howard Bogan, demands judgment against defendant Det. Sat Campbell on this Count for damages, in excess of the local arbitration limits, exclusive of interest and costs. plus costs of suit incurred. 26SEVENTH COU iffs, Howard Bogan and Jeannine Bogan v. Defendant, Captain Christopher Dunton 112. The allegations in the previous paragraphs I through I are incorporated herein by reference as if set forth in full. 113, Asset forth above, defendant Captain Duntonis liable for the conduct and omissions of the Jackson Police, Jackson Township, Ocean County and their employees and agents under theories of respondeat superior master-servant, agency, and right of control 114, Asaresultofthedefendant Captain Dunton’s conduct, as aforesaid, plaintiff, Howard Bogan, required, and will continue to require psychiatric treatment. us. 1 result of defendant Captain Dunton’s conduct, as aforesaid, plaintiff, Howard Bogan, has sustained severe, painful and permanent injuries and has and will i the future require further medical care, rehabilitation, treatment and the Like, He was and is prevented from undertaking activities of daily living, duties, and chores. and assuming employment, and was and is in other ways damaged and injured to his great detriment. 116. As aresult of defendant Captain Dunton’s conduct, as aforesaid, Plaintiff. Howard Bogan’ s, earning pewer and carnings capacity have been materially and adversely alfeeted and he swas and is obliged to pay hospital, medical and othe: expenses to help effect a eure and remedy for his conditions. WHEREFORE, plaintiff, Howard Bogan, demands judgment against defendant Captain ‘ive of interest and Dunton on this Count for damages, in excess of the local arbitration limits, exeb costs, plus costs of suit incurred.gi HTH COUNT Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Chief Matthew Kunz 117, The allegations in the previous paragraphs 1 through 116 are incorporated herein by reference as if set forth in full. 118, As set forth above, defendant Chief Kunz is liable for the conduct and omissions of the Jackson Police, Jackson Township, Ocean County and their employees and agents under theories of respondcat superior master servant, agency, and right of control 119, Asarresult of the defendant Chief Kunz’s conduct, as aforesaid, plaintiff. Howard Bogan, required, and will continue to require psychiatric treatment 120. Asaresult ofdefendant Chief Kunz’s conduct, as aforesaid, plaintiff, Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the future require further medical care, rehabilitation, treatment and the like, He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and isin other ways damaged and injured to his great detriment. 121. Aga result of defendant Chief Kunz’s conduct, as. aforesaid, Plaintiff, Howard Bogan's, caming power and earnings capacity have been materially and adversely affected and he was and is obliged to pay hospital, medical and other expenses to help effect a cure and remedy for his conditions. WHEREFORE, plaintiff, Howard Bogan, demands judementagainst defendant Chief Kuwz on this Count for damages, in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit incurred.NTH COUNT. Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Officer Collin Menafra Jackson Township Police Department 122. The allegations in the previous paragraphs | through 121 are incorporated herein by reference as if'set forth in full. 123. Asset forth above, Defendant Officer Menara is liable for the conduct and omissions of the Jackson Police, Jackson Township, Ocean County and their employees and agents under theories of respondeat superior master-servant, apeney, and right of control. 124. As a result of the defendant Officer Menafta’s conduct, as aforesaid, plaintiff, Howard Bogan, required, and will continue to require psychiatric treatment, 125. Asaresult of defendant Officer Menafra’s conduct, as aforesaid, plaintiff, Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the future require further medical care, rehabilitation, treatment and the like. He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and is in other ways damaged and injured to his great detriment. 126, Asaresult of defendant Officer Menafra’s conduct, as aforesaid, Plaintiff, Howard Bogan’ s, eaming power and earnings capacity have been materially and adversely affected and he was and is obliged to pay hospital, medical and other expenses to help effect a cure and remedy for his conditions. WHEREFORE, plaintiff, Howard Bogan, demands judgment egainst defendant Officer Menafra on this Count for damages, in excess of the local arbitration limits, exclusive ofinterestand costs, plus costs of suit incurred.TENTH COUNT Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Officer Joseph Candido c/o Jackson Township Police Department 127, ‘The llegations in the previous paragraphs | through 126are incorporated herein by reference os if set forth in full 128, Asset forth above, Defendant Officer Candido is liable for the conduct and omissions of the Jackson Police, Jackson ‘Township, Ocean County and their employees and agents under theories of respondeat superior master-servant, agency, and right of control 129. As a result of the defendant Officer Candido’s conduct, as aforesaid, plaintiff. Howard Bogan, required, and will continue to require psychiatric treatment. 130, Asa result of defendant Officer Candido’s conduct, as aforesaid. plaintiff, Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the future require further medical care, rehabilitation, treatment and the like, He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and i in other ways damaged and injured to his great detriment. 131 result of defendant Officer Candido’s conduct, as aforesaid, Plaintiff, Howard Bogan’s, earning power and earnings capacity have been materially and adversely atfected and he was and is obliged to pay hospital, medical and other expenses to help effect a cure and remedy for his conditions. WHEREFORE, plaintiff, Howard Bogan, demands judgment against defendant Officer Candido on this Count for damages, in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit ineurred.ELEVENTH COUNT Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Officer John Rodriguez.clo ackson Township Police Department 132, The allegations in the previous paragraphs | through 131 are incorporated herein by reference as ifset forth in full. 133. As set forth ebove, Defendant Officer Rodriguez is liable for the conduct and omissions of the Jackson Police, Jackson Township, Ocean County and their employees and agents under theories of respondeat superior master-servant, agency, and right of contol 134, As a result of the defendant Officer Rodriguez's conduct, as aforesaid, plaintiff, Howard Bogan, required, and will continue to require psychiatric treatment. 135. Asaresult of defendant Officer Rodriguez’s conduet, as aforesaid, plaintiff, Howard Bogan, has sustained scvere, painful and permanent injuries and has and will ia the future require further medical care, rehabiliation, treatment and the like. He was end is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and js in other ways damaged and injured to his great detriment 136. Asaresultofdefendant Officer Rodriguez’s conduct, as aforesaid, PlaintilT, Howard Bogan’s. camming power and earnings capacity have been materially and adversely affected and he was and is obliged to pay hospital, medical and other expenses to help effect a cure and remedy for his conditions. WHEREFORE, plainiiff, Howard Bogan, demands judgment against defendant Officer Rodriguez on this Count for damages, in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit incurred.Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Officer Shawn Hobson c/o, Jackson Township Police Department 137. The allegations in the previons paragraphs 1 through [36 are incorporated herein by reference as if set forth in full 138. Asset forth above, Defendant Olicer Hobsonis liable forthe conduct and omissions of the Jackson Police, Jackson Township,, Ocean County and their employees and agents under theories of respondeat superior master-servant, agency, and right of control. 139, Asaresult ofthe defendant Officer Hobson's conduct, as. aforesaid, plaintiff, Howard Bogan, required, and will continve to require psychiatric treatment. 140. Asaresult of defendant Officer Habson’s conduct, as aforesaid, plaintiff, Howard ‘Bogan, has sustained severe, painful and permanent injuries and has and will in the future require further medical care, rehabilitation, wealment and the like, He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and is in other ways damaged and injured to his great detriment. 141. As aresult of defendant Officer Hobson’s conduct, as aforesaid, Plaintiff, Howard Bogan’s, carning power and earnings eapacity have been materially and adversely affected and he was and is ebliged to pay hospital, medical and other expenses to help effect a eure and remedy for his conditions. WHEREFORE, plaintiff, Howard Bogan, demands judgment against defendant Officer Hobson on this Count fordamages, in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit incurredTHIRTEENTH COU Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, Officer Seott Conover c/o Jackson Township Police Department 142. The allegations in the previous paragraphs 1 through 141 are incorporated herein by reference as if set forth in full. 143, Asset forthabove, Defendant Officee Conover is liable forthe conduct and omissions, of the Jackson Police, Jackson Township,, Occan County and their employees and agents under theories of respondeal superior master-servant, agency, end right of control 144. As a result of the defendant Officer Conover’s conduct, as aforesaid, plaintiff, Howard Bogan, required, and will contime to require psychiatric treatment 145. Asa result of defendant Officer Conover’s conduct, as aforesaid, plainbfl, Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the furure require further medical care, rehabilitation, weatment and the like. He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and js in other ways damaged and injured to his great detriment. 146, Asa result of defendant Officer Conover’s conduct, as aforesaid, Plaintifi, Howard Bogan’s, earning power and earnings capacity have been materially and adverscly affected and he was and is obliged to pay hospital, medical and other expenses to help effect a eure and remedy for his conditions. WHEREFORE, plaintiff, Howard Bogan, demands judgment against defendant Officer Conover onthis Count for damages, in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit incurred.FO YURTEENTH COUNT ward Bogan and Jeannine Rogan v. Defendant, Officer Joseph Olekse clo ackson Township Police Department Plainciffy, 147, Theallegations in the previous paragraphs 1 through 146 are incorporated herein by reference as if sct forth in full. 148, Assct forth above, Defendant Oificer Olekse is liable for the conduct and omissions of the Jackson Police, Jackson Township, Ocoan County and their employees and agents under theories of respondeat superior master-servant, agency, and right of control. 149. Asaresult of thedefendant Officer Olekse’s conduet, as aforesaid, plaintiff, Howard Bogan, required, and will continve to require psychiatric treatment. ‘As a result of defendant Officer Dickse’s conduct, as aforesaid, plaintiff, Howard Bogan, has sustained severe, peinful and permanent injuries and fhas and will i the future require further medical care, rehabilitation, treatment and the like. He was and is prevented from undertaking activities of daily living, duties, and chores, and assuming employment, and was and js in other ways damaged and injured to his great detriment. 151. Asa result of defendant Officer Olekse’s conduct, as aforesaid, Plaintifi, Howard Bogan’s, earning power and earnings eapacity have been materially and adversely affected and ie was and is obliged to pay hospital, medical and other expenses to help effect a eure and remedy for his conditions. WHEREFORE, plaintiff, Howard Bogan, demands judgment against defendant Officer Oleske on this Count for damages, in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit incurred 34FIFTEENTH COUNT Plaintiffs, Howard Bogan and Jeannine Bogan v. Defendant, John Do 152, The allegations in the previous paragraphs 1 Uhrough 151 are incorporated herein by reference as if set forth in fall 153, Asset forth above, Defendant John Does 1-10is able for the conductand omissions of the Jackson Police, Jackson Township, Ocean County, its agents and their employees under theories of respondeal superior master-servant, ageney, and right of control 154. Agaresult ofthe defendant John Does 1-10°s conduct, as aforesaid, plaintiff. Howard Bogan, required, and will continue to require psychiatric treatment, 155. Asa result of defendant John Does 1-10"s conduct, as aforesaid, plaintiff, Howard Bogan, has sustained severe, painful and permanent injuries and has and will in the future require further medical care, rehabilitation, treatment and the like, He was and is prevented trom undertaking activities of daily living, cuties, and chores, snd assuming employment, and was and is in other ways damaged and injured to his great detriment. 156. Asa result of defendant Jackson Police”s conduct, as aforesaid, Plaintiff, Moward Bogan’s, eaming power and earnings capacity have been materially and adversely affected and he was and is obliged to pay hospital, medical and other expenses to help effect a cure and remedy for his conditions. WHEREFORE, plaintiffs, Howard Bogan and Jeannine Bogan, h/w, demands judgment against defendants John Does 1-10 on this Count for damages, in excess of the local arbitration Limits, exclusive of interest and costs, plus costs of suit incurred.Jeannine Bogan v. All Defendants 157. ‘The allegations in the previous paragraphs | through 156 are incorporated herein by reference as if set forth in full 8 Asa result of the negligence of defendants, plaintiff, Jeannine Bogan, has suffored the loss of services, society, comfort, and companioasiip of her husband in the past and will continue to do so into the future. 159. Asaresult of the negligence, carelessness, and recklessness of defendants, plaintiff. Jeannine Bogan, claints the full measure of damages allowable under New Jersey law for the loss to her of the consortium of her husband, Howard Bogan. WHEREFORE, plaintiff, Jeannine Bogan, demands judgmentagainstall defendants on this Count for damages, in excess of the local arbitration limits, exclusive of interest and costs, plus costs of suit ineurred. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury as to all counts and all issues raised by this Complaint DESIGNATED TRIAL COUNS! Pursuant t0 Rule 4:25-4, Jonathan M, Cohen is hereby designated as trial counsel for plaintiff, Howard Bogan. NOTICE PURSUANT TO RULES 1:5-1(a) and 4:17.40 TAKE NOTICE that the undersigned attorney hereby demands that each party herein serving pleadings and interrogatoriesand receiving answers thereto serve copies ofall such pleadings 36and answered interrogatories received from any party upon the undersignedand TAKE NOTICE that this is a continuing demand. CERTIFICATION Thereby certify that to my knowledge the matter in controversy is not the subject ofany other action pending in any Court or of a pending arbitration proceeding, nor is any other action or arbitration proceeding contemplated nor are there any other necessary parties, by: [ Yet as JONATHAN M. COHEN, ESQUIRE JAYS JAVALDENBERGER, ESQUIRE Hg lonfield Road sae sto ‘Cherry Hill, New Jersey 8002 sfue/o4 $56-662-1180 Dated: 3//4/27OcEBM commry suPEPIOR cousr SceAM C6) cu, TRACK assx uP WoTTCR (73a) 928-2016 Be oo Backer: 6en 13, 2008 & SNCKOON TOMISHT? FOLICE DEPARTMENT THE AROVE C453 HAS BEEN ASSIGNED TO: TRACK 3. Phon SERVICE IRE EIRST ANSWER OR 30 DAYS NEVER ComES FRG? THE PRETRIAL JUDGE ASSIGNED TS: AE YO NAVE ame QUESTIONS, CONTACT THAN 902 39 NAPPROFRIATE. ICATECH GP e008 30 ona’ oF dat BUAINPIF Hus? 83h P THES BOR OH ALG arTEuTroN, suntCIVIL CASE INFORMATION STATEMENT ces) i Use for initial Law Division - Civil Part pleadings (not motions) under Rute 4-5-4 Pleading will be rejected for filing, under Rule 1:5-6(c). if information above the black bar is not completed or | OVERPAYMENT a | if attorney's signature fo not affized ninco BATCH NUNBER- | ATTORNEVIPRO SE NAME ~ TELEPHONE NUMBER SUNTY OF VENUE JONATHAN W! COHEN. ESQUIRE WANES J WALDENBERGER EsauiRe | 856 ) 660.1120 Jocean County cece Fox - of OFFICE ADDRES! BocuMenr ivr or todooaa Read Sue 0 Complaint Joli Dee, Panay | CAPTION — — AME OF Paar HOWARD EOGAN AND JEANNINE BOGAN, HOWARD BOGAN AND JEANNINE BOGAN, PLAINTIFFS V. JACKSCN TOWNSHIP PLAINTIFES PPOUGE DEPARTMENT EAL Case NPE ROMER : (See revere sue 1s Ts APROFESSIONALnaLpRacnce case? [—lves BINo AVREGAROING "sng IF YOUMAVE CHECKED "YES," SEE NJSA2AS3A2/ ANDAPPLCABLETA YOUR OBUGATION TOFILE AN AFFOAVT OF MERIT TE Ves. LIST DOCKET NUMBERS 5:6. Wihintblower RELATED CASES NDING? L Wes! Bo Wau aicrisioare ai Macaca [Ke [huore TIE IAT (XT GIROTERAWLCYEE [_]enenmeRrECR | s[7s0 Cram [Teusiness 2S REN RN, i Lesbo FAR SPECI VASE CFARACTERISTICS “hr se WARRAICTINDIVDUAL MANAGEMENT OR ACCELERATED LGEOSITION ves puexsewenTey THe 7 REOUESTED ACCOMMODATION(cls) Track | -150 days! discovery et NAME CHANGE 75 FORFEITURE 302 TENANCY 308 REAL PROPERTY 502 BOOKACCOUNT 505 OTHER INSURANCE GLAM (INCLUDING O=CLARATORY JUDGMENT ACTIONS) 208 PIP COVERAGE 510 Lint or UIRE CLAM 51) ACTION ON NEGOTIABLE INSTRUMENT. 512 LEMON LAW 599 CONTRACTICOMMERCIAL TRANSACTION. 301 SUMMARY ACTION 802 OPEN PUBLIC RECORDS ACT (SUMMARY ACTION) | | case TES (coe CASE TYPES (Choase one ané enter number of case type in approorate space on the reverse side.) Track It ~ 300 days'discovery 4308 CONSTRUCTION | 509 EWPLOVNENT (other than CEPA or LAD) | 802 ASSAULT AND BATTERY 502 AUTO NEGLIGENCE - PERSONAL INJURY 505 PERSONAL INJURY 510 AUTO NEGLIGENCE - PROPERTY DAMAGE 569 TORT - OTHER Track Il - 450 days’ discovery es CIVIL RIGHTS 301 CONDEMNATION 50! MEDICAL MALPRACTICE 805 PRODUCT LIABILITY. 507 PROFESSIONAL MALPRACTICE 308 TOXIG TORT 503, DEFAMATION 313 WHISTILEELOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT |CEPA) CASES: 517 VERSE CONDEMNATION 314 LAW AGAINST DISCRIMINATION (LAD) GASES ‘Active Case Management by Individual Judge | 450 days' discovery ENVIRONMENTAL ENVIRONMENTAL COVERAGE LITIGATION UT LAUREL ‘COMPLEX COMMERCIAL REPETTIIVE STRESS SYNOROME ACTIONS IN LIEU OF PRERGGAT VE WRIT Mass Tost (Track V) 240 DIET CRUG. zea Pew 246 REZULIN Gor Asbesros 2a7 PROPULSID B19 ow 208 CISA GEIGY 989 OTHER (nety cesonoe nature ot ac100) _ _ iryou neteve His ease requires a track ather than thet provided asove, please indicate tho razsen on Sie Inne spoce under ‘Case Cnorosteriscn | Please cnac of each appcable category Use for inital pleadings (not motions) under Rule 4-5-1 CIVIL CASE INFORMATION STATEMENT