
A Freehold Township woman who claimed police brutality by a Freehold police officer has fired her latest salvo: a federal civil suit.
Migdalia Irizarry and her teenage son have filed suit against Freehold, the borough's police chief Mitchell Roth, now-Sgt. Christopher Colaner, Patrolman Shaun Hobbs and various "John Doe" borough police officers and personnel, some of whom serve in a supervisory capacity.
The suit -- which calls for the officers and personnel to be banned from patrol duty and from making or assisting with arrests -- was filed in U.S. District Court in Trenton.
"The officers involved clearly violated the rights of my client by using excessive force," said Irizarry's attorney, Thomas J. Mallon of Freehold.
The suit is just the latest in an ongoing controversy that began after Irizzary and her son, then 15, were arrested in Freehold on Jan. 29, 2008.
Colaner initiated the motor-vehicle stop that evening and, says Irizarry, proceeded to hurt her and punch her son in the face.
The Monmouth County Prosecutor's Office closed its investigation into the allegations last year. Charges brought after an internal review were later deemed unsustainable.
Among the claims made in the suit are that Colaner, Hobbs and several other officers were retaliating against Irizarry and her son because she tried to report Colaner's "prior inappropriate demeanor" toward her during an encounter the day before. The officers also violated department policy by not recording the stop, according to the suit.
The suit also alleges that the borough, Roth and other supervisors failed to take corrective or disciplinary action against Colaner, Hobbs or other officers despite being aware of "numerous" episodes of misconduct against citizens.
The demands made by Irizarry and her son include: regular and consistent training sessions for borough police officers, and the implementation of a system for prompt, appropriate action against any borough officer who "engages in, teaches and/or condones falsely arresting, maliciously prosecuting, maliciously abusing process and/or using excessive force against citizens and/or arrestees."
Borough attorney Kerry Higgins did not return a call for comment Wednesday.
mikerosseel 7:31 pm on December 1, 2009 Permalink |
Colleen,
Once again this was a great night in Freehold Boro. What a crowd, this town is doing so many great activities but this one was the best for me. What an amazing turnout! Hats off to our town!