Professional Documents
Culture Documents
ARTHUR H. LANG
918 East Kennedy Blvd.
Lakewood, NJ 08701
(732) 609-5530
NJ Att. No. 014102012
Attorney for Plaintiff
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION,
BURLINGTON COUNTY
1
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 2 of 17 Trans ID: LCV20181076861
2
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 3 of 17 Trans ID: LCV20181076861
3
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 4 of 17 Trans ID: LCV20181076861
4
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 5 of 17 Trans ID: LCV20181076861
5
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 6 of 17 Trans ID: LCV20181076861
35. The video showed that Officer Drew made the statement, “I
already got permission” from headquarters indicating that
other officers were involved. Officer Drew said this when
he was taking Mr. Levine out of the car with latex gloves
on his hands before he went into his pants.
36. On or about April 2, 2018 as result of an OPRA request
investigation.
COUNT ONE
NEW JERSEY CIVIL RIGHTS ACT
6
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 7 of 17 Trans ID: LCV20181076861
7
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 8 of 17 Trans ID: LCV20181076861
COUNT TWO
COMMON LAW CIVIL CONSPIRACY
42. Plaintiff repeats and realleges each and every allegation
stated and contained in the paragraphs 1-34 as if the same
were set forth fully and in their entirety herein.
43. By information and belief, Trooper Drew and Trooper
Whitmore and unnamed officer(s) agreed and conspired for
the unlawful objective of conducting an illegal roadside
body cavity search and strip search and aided and abetted
the overt acts of Trooper Drew in furtherance this
objective causing an injury or damages to the plaintiff.
44. Trooper Drew and Trooper Whitmore and unnamed
officer(s)caused Plaintiff pain, public humiliation and
embarrassment at the time of the search in clear view of
ongoing passing traffic and further pain, public
humiliation and embarrassment when the video of their
actions was release to a worldwide audience.
45. WHEREFORE Trooper Drew, Trooper Whitmore and unnamed
officers violated Plaintiff by authorizing or performing a
roadside body cavity search and strip search, that they
entered into an agreement with one another for the purpose
of committing an unlawful act, that the officers at the
scene committed an overt act conducting the body cavity and
strip search in furtherance of the agreement to commit an
unlawful act, and that plaintiff suffered damage as a
result of a civil conspiracy, said Defendants are jointly
and severely liable for damages, civil penalty, attorney
fees and/or other appropriate relief awarded in this
action.
8
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 9 of 17 Trans ID: LCV20181076861
COUNT THREE-ASSUALT
46. Plaintiff repeats and realleges each and every allegation
stated and contained in the paragraphs 1-37 as if the same
were set forth fully and in their entirety herein.
47. By information and belief Trooper Drew intended to create
the state of fear or danger in Plaintiff and a reasonable
apprehension of imminent harm by placing him in handcuffs
detaining him for the purpose of an illegal body cavity and
strip search, and by making the statement, “If you think
this is the worst I’m going to do you have another thing
coming” while Plaintiff was detained in handcuffs.
48. By information and belief Trooper Whitmore acted to create
the state of fear or danger in Plaintiff and a reasonable
apprehension of imminent harm by detaining him for the
purpose of an illegal body cavity search and strip search.
49. WHEREFORE Trooper Drew and Trooper Whitmore are jointly and
severely liable for assaulting Plaintiff by putting him in
a reasonable apprehension of pain, public humiliation and
embarrassment at the time of the search in clear view of
ongoing passing traffic.
9
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 10 of 17 Trans ID: LCV20181076861
10
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 11 of 17 Trans ID: LCV20181076861
11
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 12 of 17 Trans ID: LCV20181076861
12
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 13 of 17 Trans ID: LCV20181076861
13
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 14 of 17 Trans ID: LCV20181076861
14
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 15 of 17 Trans ID: LCV20181076861
JURY DEMAND
Plaintiff hereby demands trial by jury of the damages and
punitive damage and all issues involved in this action
pursuant to R. 4:35-1.
s/Arthur H. Lang
Arthur H. Lang
Attorney for Plaintiff
NJ Att. No. 014102012
918 East Kennedy Blvd.
15
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 16 of 17 Trans ID: LCV20181076861
Lakewood, NJ 08701
732-609-5530
lakewoodlaw@gmail.com
Dated: June 20, 2017
s/Arthur H. Lang
Arthur H. Lang
Attorney for Plaintiff
NJ Att. No. 014102012
918 East Kennedy Blvd.
Lakewood, NJ 08701
16
BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 17 of 17 Trans ID: LCV20181076861
732-609-5530
lakewoodlaw@gmail.com
17