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« on: July 08, 2009, 10:50:09 PM »
I'm starting a separate string for these news Record articles on the lawsuit against Police Chief Ken Zisa because the houses on Berry Street are clearly a minor issue in this whole affair. Please everyone, let's keep this string to the FACTS, with a minimum of opinions or unsubstatiated claims.
OFFICER'S FIGHT WITH CHIEF HEATS UP
Tuesday, July 7, 2009
Last updated: Tuesday July 7, 2009, 4:07 PM
BY PETER J. SAMPSON
NorthJersey.com
STAFF WRITER
1 Comment
New allegations of retaliation have been added to a federal lawsuit brought by two Hackensack police officers against Chief Ken Zisa.
The new claims stem from the seizure last month of a personal computer containing privileged attorney-client communications and other confidential information, according to the suit.
Less than two weeks after filing his complaint in U.S. District Court on June 2, Police Officer Anthony Ferraioli learned he was the subject of an internal affairs investigation for allegedly assuming the name of another officer in an Internet forum, the suit says.
Ferraioli denies the allegation, which his lawyers say was a pretext to further harass him and retaliate against him.
An attorney for the city, however, said officials believe Ferraioli had been impersonating the captain in charge of internal affairs in postings to an NJ.com community forum, and that Ferraioli came under investigation by the Bergen County Prosecutor's Office for identity theft in May, weeks before his suit was filed.
On June 11, Ferraioli was escorted by officers to his New Milford home and, without a warrant or his consent, was forced to turn over a personal computer that belongs to his girlfriend, or "face administrative charges that could lead to termination," the amended complaint alleges.
The hard drive of the computer and a backup drive seized contain "attorney-client communications and e-mails from Ferraioli to counsel," as well as his girlfriend's personal documents, online banking records and other files, according to the suit.
Richard Malagiere, the attorney representing the chief and the department, which is also named, said that Ferraioli was directed to turn over his computer in the course of an internal affairs investigation and that state attorney general's guidelines require officers to comply with such requests.
Using its subpoena power, the Bergen County Prosecutor's Office obtained information from NJ.com, Verizon and AOL, which traced postings under the screen name "IASalcedo" to an e-mail account belonging to Ferraioli, Malagiere said. That information was ultimately turned over to the Hackensack Police Department, spawning the internal affairs investigation, he said.
When confronted with the evidence linking him to the postings, Ferrialoi denied it, prompting investigators to demand his computer, Malagiere said.
"The chief's position is that he feels the case is frivolous and he denies that there is any truth to the allegations," Malagiere said.
Days after the computer was taken, U.S. District Judge Stanley R. Chesler denied the plaintiffs' request for an order directing the police to return the hard drives.
The woman who resides with Ferraioli, Dawn Fray, was added as a plaintiff in the amended complaint. She joined Ferraioli in the new counts alleging an invasion of privacy, conversion or theft of property, and violation of their constitutional right against unreasonable search and seizure.
"The chief of police is using the Police Department as a personal vehicle to retaliate against Anthony Ferraioli for suing him," Montclair attorney Ty Hyderally said Monday. "And it's a message that he's sending to the other police officers that, 'If you sue me it's going to get ugly.' "
Co-counsel John J. Zidziunas said the identity theft investigation was used as a pretext in an effort to discover evidence relating to the lawsuit, as well as information relating to other officers currently suing the department.
"In today's society, a computer is akin to a person's diary. And nobody should have a person's diary, let alone the government, their employer and their adversary," Zidziunas said. "If they had a warrant, that would be a different story."
Ferraioli, a 19-year veteran of the department and recent candidate for PBA local president, and Aldrin Lamboy of Saddle Brook, a police officer since 2001 and candidate for vice president, allege they were unlawfully demoted and relegated to walking a beat in retaliation for exercising their right to vote for the union delegate of their choice.
The suit alleges deprivation of civil rights, retaliation, intentional infliction of emotional distress and political affiliation discrimination and harassment, among other charges. The officers are seeking upward of $5 million in compensatory damages, as well as lost wages and punitive damages.
E-mail: sampson@northjersey.com
New allegations of retaliation have been added to a federal lawsuit brought by two Hackensack police officers against Chief Ken Zisa.
The new claims stem from the seizure last month of a personal computer containing privileged attorney-client communications and other confidential information, according to the suit.
Less than two weeks after filing his complaint in U.S. District Court on June 2, Police Officer Anthony Ferraioli learned he was the subject of an internal affairs investigation for allegedly assuming the name of another officer in an Internet forum, the suit says.
Ferraioli denies the allegation, which his lawyers say was a pretext to further harass him and retaliate against him.
An attorney for the city, however, said officials believe Ferraioli had been impersonating the captain in charge of internal affairs in postings to an NJ.com community forum, and that Ferraioli came under investigation by the Bergen County Prosecutor's Office for identity theft in May, weeks before his suit was filed.
On June 11, Ferraioli was escorted by officers to his New Milford home and, without a warrant or his consent, was forced to turn over a personal computer that belongs to his girlfriend, or "face administrative charges that could lead to termination," the amended complaint alleges.
The hard drive of the computer and a backup drive seized contain "attorney-client communications and e-mails from Ferraioli to counsel," as well as his girlfriend's personal documents, online banking records and other files, according to the suit.
Richard Malagiere, the attorney representing the chief and the department, which is also named, said that Ferraioli was directed to turn over his computer in the course of an internal affairs investigation and that state attorney general's guidelines require officers to comply with such requests.
Using its subpoena power, the Bergen County Prosecutor's Office obtained information from NJ.com, Verizon and AOL, which traced postings under the screen name "IASalcedo" to an e-mail account belonging to Ferraioli, Malagiere said. That information was ultimately turned over to the Hackensack Police Department, spawning the internal affairs investigation, he said.
When confronted with the evidence linking him to the postings, Ferrialoi denied it, prompting investigators to demand his computer, Malagiere said.
"The chief's position is that he feels the case is frivolous and he denies that there is any truth to the allegations," Malagiere said.
Days after the computer was taken, U.S. District Judge Stanley R. Chesler denied the plaintiffs' request for an order directing the police to return the hard drives.
The woman who resides with Ferraioli, Dawn Fray, was added as a plaintiff in the amended complaint. She joined Ferraioli in the new counts alleging an invasion of privacy, conversion or theft of property, and violation of their constitutional right against unreasonable search and seizure.
"The chief of police is using the Police Department as a personal vehicle to retaliate against Anthony Ferraioli for suing him," Montclair attorney Ty Hyderally said Monday. "And it's a message that he's sending to the other police officers that, 'If you sue me it's going to get ugly.' "
Co-counsel John J. Zidziunas said the identity theft investigation was used as a pretext in an effort to discover evidence relating to the lawsuit, as well as information relating to other officers currently suing the department.
"In today's society, a computer is akin to a person's diary. And nobody should have a person's diary, let alone the government, their employer and their adversary," Zidziunas said. "If they had a warrant, that would be a different story."
Ferraioli, a 19-year veteran of the department and recent candidate for PBA local president, and Aldrin Lamboy of Saddle Brook, a police officer since 2001 and candidate for vice president, allege they were unlawfully demoted and relegated to walking a beat in retaliation for exercising their right to vote for the union delegate of their choice.
The suit alleges deprivation of civil rights, retaliation, intentional infliction of emotional distress and political affiliation discrimination and harassment, among other charges. The officers are seeking upward of $5 million in compensatory damages, as well as lost wages and punitive damages.
E-mail: sampson@northjersey.com