LAVALLETTE — Two men arrested at a summer 2023 meeting of the Lavallette Borough Council have filed a federal lawsuit against the borough and numerous officials, claiming that the defendants violated their civil rights when they were arrested and charged with disorderly persons offenses for videotaping the meeting.
The complaint names the borough, as well as Mayor Walter LaCicero, Borough Administrator John O. Bennett, Borough Clerk Donnelly Amico, Police Chief Christian LaCicero, Police Sgt. Adam LaCicero, Police Sgt. Justin D. Lamb and 10 unnamed municipal employees as defendants.
On April 1, plaintiffs Michael Vintzileos of South Amboy and Steven Wronko of Spotswood filed a lawsuit in the United States District Court of New Jersey against the Borough of Lavallette, alleging false arrest, malicious prosecution and conspiracy to violate civil rights. The case stems from their July 24, 2023 arrest, when they were charged with disruption of proceedings following an attempt to record the meeting on video.
The plaintiffs contend in the factual allegations portion of the complaint that they were permitted to record video of the meeting, and “had previously provided notice to the Borough of Lavallette of their intent to record the meeting. They received a reply from the borough clerk, defendant Donnelly Amico, stating, ‘Have a nice weekend.’”
The complaint also accuses the defendants of “unlawful policy/inadequate training,” alleging that the defendants both failed to follow state law governing public meetings and failed to “train, instruct, supervise, control and discipline on a continuing basis, defendants Adam LaCicero, Justin D. Lamb, Christian LaCicero and/or John Does 1-5 in their duties to conduct thorough, competent and complete criminal investigations.”
Several counts in the complaint reference Title 42, Section 1983 of the United States Code, which allows citizens to bring suits against state or municipal officials for violations of Constitutional rights.
“Our position is that it was a false arrest,” said Thomas Mallon, Vintzileos’ and Wronko’s attorney. “There’s no probable cause that they committed any crime. We also included a malicious prosecution count — there was no probable cause, and I think the behavior of the defendants in this case who directed them to be arrested was malicious.”
Lavallette borough attorney Bill Burns told The Ocean Star on Tuesday that “the borough acknowledges the receipt of the complaint. The borough and the individually named defendants unequivocally deny the allegations, and we plan on zealously defending the actions of the borough.”
No answer to the complaint has yet been filed by the defendants. The suit seeks judgment against the defendants, as well as “compensatory and punitive damages, attorney’s fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just.”
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