The Superior Court of New Jersey, Passaic County has denied motions for summary judgment filed by the City of Paterson and members of its police department in a lawsuit by activists Zellie Thomas and Walter “Hawk” Newsome. In their Complaint, Thomas and Newsome assert claims for wrongful arrest and violation of their freedom of speech. Thomas and Newsome are represented by the Lowenstein Center for the Public Interest and the American Civil Liberties Union of New Jersey.
The Paterson Police arrested Thomas and Newsome on the evening of January 11, 2019, during a peaceful protest. Thomas and Newsome participated in a rally that evening, giving speeches and demanding police accountability. Although there were dozens of other participants, a police motorcycle unit arrested only Thomas and Newsome, known activists and leaders of local chapters of Black Lives Matter, charging them with obstructing highways and interfering with transportation. At a subsequent hearing, a municipal court acquitted Thomas and Newsome of all charges.
Thomas and Newsome then sued the Paterson Police for wrongful arrest and violation of their right to free speech and association. On August 15, 2023, the Hon. Bruno Mongiardo, J.S.C. held that Thomas and Newsome had presented enough evidence for the case to go to trial to determine whether the police had probable cause to arrest Thomas and Newsome, had intentionally singled Thomas and Newsome out for arrest, or had otherwise acted in disregard of established law and police protocols. The evidence included conflicting accounts of what happened during the protest, as well as changes in one of the arresting officer’s sworn testimony. The Court also took note of multiple complaints filed against Paterson police officers in recent years about falsifying police reports, part of a pattern of misconduct that led the New Jersey Attorney General’s Office to seize control of the police department in March 2023.
Ultimately, the Court held that the arresting officers and the acting Chief of Police could not establish their entitlement to a defense of qualified immunity, which is a doctrine that protects law enforcement officers from personal liability unless the law they violated was “clearly established” at the time of the violation.
“We are grateful for the Court’s acknowledgment that there are significant issues of fact in this case that must be adjudicated, and we look forward to vigorously pursuing justice on behalf of our clients at trial,” says Craig Dashiell, partner in Lowenstein’s Business Litigation and Class Action Litigation practices.
Alexander Shalom, Senior Supervising Attorney and Director of Supreme Court Advocacy at the ACLU-NJ says, “It is now in the hands of a Passaic County jury to review the evidence to determine what happened. We are confident that they will take that task seriously given the significant allegations in the case.”
Mr. Newsome notes, “I have lived with this case for a long time, going all the way back to our arrests. I am glad to be able to take this important step forward in the process and continue towards seeking police accountability.”
According to Mr. Thomas, “This case is about making sure that Paterson gives everyone a fair opportunity to protest. I think it speaks volumes that the judge heard the arguments and had questions about whether we were allowed to exercise our rights.”
Other members of Lowenstein’s team include Jennifer Fiorica Delgado, Karim G. Kaspar, and Lauren Van Driesen.
About the Lowenstein Center for the Public Interest
From its founding, Lowenstein Sandler has been committed to advancing the public interest and serving communities in need. The Lowenstein Center for the Public Interest embodies this commitment, directing the firm’s strong pro bono program and other forms of civic and philanthropic engagement. Through these efforts, the center addresses significant social problems and offers meaningful assistance to low-income and other marginalized people, along with the organizations that advocate for and support them. This work engages the full range of the firm’s talents and reflects the core values that imbue all of the firm’s efforts: to perform work of the highest quality in a manner that maximizes results for our clients and causes.
About Lowenstein Sandler LLP
Lowenstein Sandler LLP is a national law firm with more than 350 lawyers based in New York, Palo Alto, New Jersey, Utah, and Washington, D.C. The firm represents leaders in virtually every sector of the global economy, with particular emphasis on investment funds, life sciences, and technology. Recognized for its entrepreneurial spirit and high standard of client service, the firm is committed to the interests of its clients, colleagues, and communities.
