Cuneo vs. West Deptford

Case 1:17-cv-05215-JHR-JS Document 1 Filed 07/17/17 Page 1 of 43 PageID: 1
HINSON SNIPES, LLP

Princeton Forrestal Village
116 Village Boulevard, Suite 307
Princeton, New Jersey 08540
By: Tracey C. Hinson, Esquire
Attorney ID#: 034542002
(609) 452-7333 / Fax (609) 452-7332
Attorney for Plaintiff Christopher J. Cuneo
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
CHRISTOPHER J. CUNEO, CIVIL ACTION NO.
Plaintiff,
CIVIL ACTION
vs.
COMPLAINT and JURY DEMAND
TOWNSHIP OF WEST DEPTFORD, CHIEF
SAMUEL DiSIMONE in his
Individual and Official
capacity, JAMES A. CREEDON, in
his Individual and official
capacity, CHARLES R. SVENSON in
his Individual and Official
capacity, SERGEANT KEVIN R.
DONAHUE in his Individual and
Official capacity, LIEUTENANT
JOHN CHAMBERS in his Individual
and Official capacity, JOHN DOE
POLICE OFFICERS 1-20 and JOHN
DOE SGTS/CHIEFS AND SUPERVISORS
21-40,
Defendants.
Plaintiff, CHRISTOPHER J. CUNEO (MR. CUNEO), by way of
complaint against Defendants says:
PRELIMINARY STATEMENT
1. This Complaint, arising from the egregious, outrageous,

and unlawful acts of members of Defendant WEST DEPTFORD
TOWNSHIPS Police Department, seeks compensatory and punitive
damages and other relief pursuant to applicable state and federal
civil rights law, specifically for the violation of MR. CUNEOS
rights, privileges and immunities as guaranteed by the Fourth and
Fourteenth Amendments to the Constitution of the United States
and in violation of U.S.C. 1983 and 1988 and the New Jersey
Civil Rights Act, N.J.S.A. 10:6-1 to 2, among other common law
and statutory rights. Claims on behalf of MR. CUNEO, is also
brought pursuant to N.J.S.A. 59:8-1 et seq., among other common
laws and statutory rights.
2. On July 18, 2015, MR. CUNEO attended a party at the
Apple Lane residence of his friend Sebastian Forbes.
3. West Deptford Police Officers Defendants JAMES A.
CREEDON (CREEDON) and CHARLES RICHARD SVENSON (SVENSON) were
dispatched to Mr. Forbes address for an alleged noise complaint.
4. Upon arrival at the home, Defendants CREEDON and
SVENSON entered Mr. Forbes home without a warrant or consent
where they physically assaulted and severely beat MR. CUNEO
without justification or provocation. The beating left MR. CUNEO
unconscious and with injuries so severe, he was transported from
the scene to Cooper University Hospital where he received
stitches to close a large gash on his face and the inside of his
2
mouth.
5. MR. CUNEO was then arrested and charged with various
offenses.
6. The brutal beating and the illegal use of excessive
force on MR. CUNEO by Defendants CREEDON and SVENSON and the
subsequent cover up of the incident by Defendant WEST DEPTFORD
TOWNSHIP and its Police Department, was not an isolated or
aberrational incident. It was the direct result of systemic
deficiencies in the training, supervision and discipline of WEST
DEPTFORD TOWNSHIP Police Officers, including Defendants CREEDON
and SVENSON, that began long before the brutal physical assault
of MR. CUNEO and continue to this day.
7. Defendant WEST DEPTFORD TOWNSHIP, acting through its
Police Department, developed, implemented, enforced, encouraged
and sanctioned a de facto policy, practice and/or custom of the
use of unreasonable and excessive force on citizens and coverup
of these instances misconduct by its officers.
8. Defendant WEST DEPTFORD TOWNSHIP, its Police
Department, and the individually named Defendants engaged in a
massive coverup of the incident and failed to adequately
investigate the brutal beating of MR. CUNEO or take appropriate
disciplinary action against Defendants CREEDON and SVENSON
despite their knowledge of CREEDON and SVENSONS illegal conduct
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and numerous prior allegations of misconduct and the use of
excessive force against these Defendants and other officers
employed by Defendant WEST DEPTFORD TOWNSHIP.
9. MR. CUNEO seeks to vindicate his right to be free of
the use of illegal and excessive force under the United States
and New Jersey State Constitution, 42 U.S.C. 1983 & 1988;
the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to 2, and other
common law and statutory rights.
THE PARTIES
10. MR. CUNEO is a citizen of the United States. He is and
was at all times relevant, a resident of the State of New Jersey.
11. Defendant WEST DEPTFORD TOWNSHIP (TOWNSHIP), is a
municipal corporation duly incorporated and authorized under the
laws of the State of New Jersey. The TOWNSHIP is authorized under
the laws of the State of New Jersey to maintain a police
department, the West Deptford Police Department, which acts as
its agent in the area of law enforcement and for which it is
ultimately responsible. The TOWNSHIP assumes the risks incidental
to the maintenance of its police force and the employment of its
police officers.
12. Defendant TOWNSHIP OF WEST DEPTFORD was, at all times
relevant, responsible for policy making, hiring, supervision,
4
training, control and retention of the individually named
Defendants.
13. Defendant CHIEF SAMUEL DiSIMONE (DiSIMONE), is and
was at all times relevant, the Chief of the West Deptford Police
Department, a municipal agency of the Township, and was
responsible for implementation of the practices, policies and
customs which resulted in the deprivation of MR. CUNEOS
Constitutional rights. He is sued in his official and individual
capacity.
14. Defendants CREEDON, is and was, at all times relevant,
an officer, employee, and agent of the West Deptford Police
Department, a municipal agency of Defendant TOWNSHIP OF WEST
DEPTFORD. He is sued in his individual and official capacity.
15. Defendant SVENSON, is and was, at all times relevant,
an officer, employee, and agent of the West Deptford Police
16. Defendant DONAHUE, is and was, at all time relevant, a
Sergeant, employee, and agent of the West Deptford Police
17. Defendant CHAMBERS, is and was, at all time relevant, a
Lieutenant, employee, and agent of the West Deptford Police
5
DEPTFORD. He is sued in his individual and official capacity
18. Defendants JOHN DOE POLICE OFFICERS 1-20 and JOHN DOE
SERGEANTS/CHIEFS AND SUPERVISORS 21-40, are and were, at all
times relevant, officers, lieutenants, chiefs, captains,
supervisors, directors, officers, principals, partners,
employees, boards, board members, representatives or agents of
the TOWNSHIP OF WEST DEPTFORD and its Police Department, and any
other individual, entity, company, or corporation, whose actual
identities are presently unknown, who were acting in the capacity
of agents, servants, and employees of Defendant TOWNSHIP OF WEST
DEPTFORD, and any other individual, entity, company, or
corporation, whose actual identities are presently unknown, who
were acting within the scope of their employment and whose
actions assisted and/or contributed to the unlawful,
unconstitutional and tortious conduct that resulted in
CHRISTOPHER CUNEOS injuries and damages. They are sued in their
individual and official capacities.
19. Defendants DISIMONE, CREEDON, SVENSON, DONAHUE,
CHMABERS, and JOHN DOE POLICE OFFICERS 1-20 and JOHN DOE
SERGEANTS/CHIEFS AND SUPERVISORS 21-40, were at all times
relevant, on duty with the West Deptford Police Department on
July 18, 2015.
6
20. At all times relevant herein, Defendants DISIMONE,
CREEDON, SVENSON, DONAHUE, CHMABERS, and JOHN DOE POLICE OFFICERS
1-20 and JOHN DOE SERGEANTS/CHIEFS AND SUPERVISORS 21-40, were
acting under the color of state law in the course and scope of
their duties and functions as agents, employees and officers of
Defendant TOWNSHIP OF WEST DEPTFORD in engaging in the conduct
described herein.
21. At all times relevant herein, the individual Defendants
acted for and on behalf of Defendant TOWNSHIP OF WEST DEPTFORD
with the power and authority vested in them as officers, agents
and employees of the TOWNSHIP and incident to the pursuit of
their duties as officers, employees and agents of Defendant
TOWNSHIP.
22. Defendant Chief, Police Officers, Sergeants,
Lieutenants and John Does named above shall, at times, be
referred to below collectively, as indicated by the attendant
facts and circumstances, as Defendant Officers.
FACTUAL ALLEGATIONS
23. On July 18, 2015, at approximately 2:10 a.m., MR. CUNEO
and several other teenagers were guests at the West Deptford
7
Township home of Sebastian Forbes.
24. Defendants CREEDON and SVENSON were dispatched to Mr.
Forbes home in response to a noise complaint they allegedly
received.
25. Defendants CREEDON and SVENSON entered Mr. Forbes
residence without a warrant or consent and ordered everyone to
leave.
26. Video of the incident shows CREEDON and SVENSON asking
MR. CUNEO to identify himself as people started to leave the
residence. MR. CUNEO declined to give his name and stated to
Defendant Officers I dont want to be part of this and took two
steps toward the apartment door.
27. The video shows that without justification or
provocation, Defendant SVENSON grabbed, tackled and slammed MR.
CUNEO to the floor using a double leg wrestling maneuver, more
intense than a regular compliance hold with such force, MR. CUNEO
was knocked unconscious. SVENSON then pinned MR. CUNEOS arms to
his sides.
28. As MR. CUNEO laid unconscious on the floor with his
hands pinned to his sides, Defendant CREEDON, unprovoked and
without any form of resistance from MR. CUNEO, straddled MR.
CUNEO and landed a brutal punch to MR. CUNEOS face with such
force, it knocked his tooth loose and caused a huge gash to his
8
face which bled profusely. CREEDON repeatedly punched MR. CUNEO
in his face while he was unconscious.
29. After physically assaulting and severely injuring MR.
CUNEO, Defendants SVENSON and CREEDON failed to perform first aid
on MR. CUNEO and failed to take reasonable steps to provide him
with prompt medical attention. Rather than promptly performing
first aid, CREEDON and SVENSON rolled the still unconscious and
profusely bleeding MR. CUNEO onto his stomach and placed him in
handcuffs.
30. Instead of providing prompt first aid to MR. CUENO
and/or seek prompt emergency medical assistance for him,
Defendants CREEDON, SVENSON, JOHN DOE POLICE OFFICERS 1-20 and
JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40's, along with members of
Defendant TOWNSHIP OF WEST DEPTFORD Police Department (whose
identities are currently unknown), engaged in a massive
conspiracy to cover up the misconduct of Defendants CREEDON and
SVENSON.
31. MR. CUNEOS injuries were so severe he was eventually
transported by ambulance from the scene to Cooper University
Hospital where he was diagnosed with severe injuries including
head trauma, contusions the face and head secondary to police
beating, a large gash to his face that required five (5) stitches
on the inside of his mouth and to his face and a loose tooth.
9
32. The brutal physical assault of MR. CUNEO was unlawful,
unprovoked, and unjustified.
33. At the time he was brutally assaulted, MR. CUNEO was an
unarmed eighteen (18) year-old teenager who weighed approximately
118 lbs.
34. MR. CUNEO was unconscious, presented no threat and
posed no danger to Defendants SVENSON, CREEDON or the public.
35. MR. CUNEO did not engage in any action that justified
the physical beating and unlawful and excessive use of any force
by Defendants SVENSON and CREEDON.
36. MR. CUNEO was traumatized, terrified, and feared for
his life.
37. Even after MR. CUNEO was unconscious, restrained and in
no position to resist, CREEDON continued to strike MR. CUNEO
without warning, provocation or cause.
38. Defendant SVENSON had a duty to intervene but failed to
prevent the unwarranted and illegal use of excessive force on MR.
CUNEO by CREEDON.
39. Before the brutal physical assault on MR. CUNEO,
Defendants SVENSON and CREEDON failed to give proper commands or
any warning that they intended to use excessive force.
40. The unlawful and illegal use of excessive force on MR.
CUNEO, caused severe, disabling, and permanent physical injuries
10
which required the care and treatment of physicians,
hospitalization and medication, has and will in the future
require medical treatment, and have and will in the future cause
him to refrain from his daily activities and normal pursuits.
CUNEO caused him to suffer severe and permanent psychological and
emotional distress, mental anguish, degradation and public
humiliation.
CUNEO caused MR. CUNEO to suffer economic damages.
43. The unjustified, illegal and excessive use of force on
MR. CUNEO deprived him of his liberty.
44. Following the brutal physical assault on MR. CUNEO,
Defendants DiSIMONE, SVENSON, CREEDON, DONAHUE, CHAMBERS, JOHN
DOE POLICE OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS
21-40, along with other members of Defendant TOWNSHIP OF WEST
DEPTFORDS Police Department (whose identities are currently
unknown), engaged in an extensive conspiracy to cover up the
misconduct of Defendants SVENSON and CREEDON, by preparing false
reports of the incident, failing to conduct an adequate and
thorough Internal Affairs Investigation, and either deliberately
destroying or fraudulently concealing videotape(s) of the
incident.
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FIRST COUNT
PATTERN AND PRACTICE ALLEGATIONS
(Municipal and Governmental Liability)
45. The beating and use of excessive force used on MR.
CUNEO by Defendants CREEDON and SVENSON, and the subsequent cover
up of the incident by CREEDON, SVENSON, DISIMONE, DONAHUE,
CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE
SGTS/CHIEFS/SUPERVISORS 21-40, along with members of Defendant
TOWNSHIP OF WEST DEPTFORDS Police Department (whose identities
are currently unknown), was not an isolated or aberrational
incident. It was the direct result of systemic deficiencies in
the training, supervision and discipline of TOWNSHIP OF WEST
DEPTFORDS Police Officers, including the individual named
Defendants, that began long before the brutal physical assault of
MR. CUNEO and continue to this day.
46. Defendant TOWNSHIP OF WEST DEPTFORD through its Police
Department developed, implemented, enforced, encouraged and
sanctioned a de facto policy, practice and/or custom of the use
of unreasonable and excessive force on citizens and coverups of
these incidents of officers misconduct.
47. Members of and Police Officers employed by Defendant
TOWNSHIP OF WEST DEPTFORDS Police Department have a systematic
and documented history of aggressive police practices, including
the use of excessive force against the public, falsifying
12
reports, sham Internal Affairs investigations, engaging in
coverups, unlawful arrests and malicious prosecution.
48. Prior to and after the unprovoked use of excessive
force against MR. CUNEO on July 18, 2015, there were other
incidents of unjustified use of excessive force, false arrest,
coverups, differential bias treatment and malicious prosecution
by Police Officers employed by Defendant TOWNSHIP OF WEST
DEPTFORD and the West Deptford Police Department.
49. Specifically, on August 6, 2003, Nekiesha Williams was
the victim of unlawful and excessive use of force by TOWNSHIP
Officers Patrick Goggin, Michael Pfeiffer, and Sean McKenna after
Ms. Williams noticed officers with guns drawn in the parking lot
of her apartment complex. Fearing for the safety of her
five-year-old daughter who had been riding her bicycle outside,
Ms. Williams ran outside to get her daughter but could not locate
her.
50. After her neighbor told her daughter was in one of the
apartments that was the target of the officers investigation,
Ms. Williams alleges the Officers threw her neighbor to the
ground and held a gun to her head. Frightened for her daughters
safety, Ms. Williams begged one of the officers to allow her to
get daughter out of the apartment. After the officer told her she
could not enter the apartment, Ms. Williams repeated her plea and
13
started to cry. She alleges three TOWNSHIP Police officers
grabbed her by her arms and waist, lifted her into the air and
slammed her to ground with such force, it broke her femur. The
TOWNSHIP settled Ms. Williamss excessive force lawsuit for
$600,000 on or about June 2008.
51. On or about August 12, 2005, Andrea Damiani, was the
victim of excessive force when her vehicle was stopped by
TOWNSHIP Police Officers Michael S. Franks and Cpl. Meduri. Ms.
Damiani alleged she was physically seized and pulled from her
vehicle with grossly excessive and unnecessary force and without
reasonable or probable cause and without explanation. As a
result, she sustained serious and permanent injuries to her left
wrist and emotional distress which required her to seek medical
treatment. The TOWNSHIP settled Ms. Damianis lawsuit on or about
October 14, 2009.
52. On November 28, 2006, Kevin Bozarth was subjected to
grossly excessive and unnecessary force when he was assaulted,
beaten and arrested by several TOWNSHIP Police Officers. The
police were called after Mr. Bozarth and his fianc got into an
argument. After his girlfriend declined to press charges, Mr.
Bozarth left the apartment. The officers pursued him, placed him
under arrest and transported him to the police station. On
arrival, Mr. Bozarth claimed that while still handcuffed behind
14
his back, he was physically beaten and sprayed more than once
with a chemical agent without justification or provocation. The
TOWNSHIP settled Mr. Bozarths excessive force lawsuit in
September 2011.
53. On October 11, 2007, sixty-seven-year-old Dorothy Peele
was home getting ready for bed. Ms. Peele alleges she was
assaulted in her living room after TOWNSHIP officers Michael J.
Cramer and Craig Burman responded to her home looking for two of
her grandsons. After the officers announced her grandson Gregory
Tucker was under arrest, Ms. Peele asked for a reason for the
arrest but was provided no explanation. Ms. Peele alleged Cramer
shoved and grabbed her by the arm causing her to knock over a fan
and fall over a metal chair bruising her side. Ms. Peele alleged
she was repeatedly shoved by Cramer, who she describes as being
in a rage. She claimed she was also shoved from behind and was
pushed so hard on one occasion, she landed in a different room.
Ms. Peeles daughter describes Cramer's actions as "basically
slinging my mom around." Her grandson testified that Ms. Peele
was "violently swung to the ground and knocked over a chair. The
TOWNSHIP settled Ms. Peeles excessive force lawsuit on or about
April 2011.
54. On or about May 13, 2009, Plaintiff Dolores Ingram, a
seventy-four-year-old crime victim waiting to testify as a
15
witness in Deptford Municipal Court, was the victim of excessive
force by Sergeant Michael Taylor who forcibly removed her from
the courtroom by placing his right arm under her chest around her
ribs and pushing his left hand into the center of her back and
lifting her off the ground. Ms. Ingram who suffered from disc
herniations, prior broken ribs and a degenerative hip begged
Taylor to let her walk out of the courtroom on her own. Taylor
ignored her pleas and continued his hold on her, forcibly
removing her from the courtroom. After carrying her out of the
courtroom, Taylor left Ms. Ingram outside in tears.
55. On April 6, 2012, Joseph M. Rickert who suffers from
cerebral palsy, alleges he was the victim of the excessive use of
force by TOWNSHIP Officer Michael Franks which resulted in a
significant permanent injury. The TOWNSHIP OF WEST DEPTFORD
settled Mr. Rickerts excessive force lawsuit for $237,500 on
April 11, 2016.
56. On or about 2005 or 2006, TOWNSHIP officers John
Gillespie, Timothy Parks and Brian Green were indicted for
allegations of excessive force and for failing to report or
properly supervise the incident that occurred in February 2006.
57. There have been numerous complaints of civil rights
violations, including the use of excessive force, false arrest
and malicious prosecution filed against Defendant TOWNSHIP OF
16
WEST DEPTFORD and its Police Officers.
58. In the past ten (10) years, Defendants CREEDON and
SVENSON has had numerous documented incidents involving the use
of force.
59. In the past ten (10) years, there have been numerous
incidents wherein the use of force has been documented by West
Deptford Police Department.
60. Defendant TOWNSHIP OF WEST DEPTFORD, through its
Internal Affairs Department at the West Deptford Police
Department and its police officers, have engaged in past
practices and policy of exhibiting deliberate indifference to
complaints of violations of constitutional rights by citizens
like MR. CUNEO against police officers who were employed by or
act as agents of Defendant TOWNSHIP OF WEST DEPTFORD.
61. Defendant TOWNSHIP OF WEST DEPTFORDS scandal plagued
Internal Affairs Department at the West Deptford Police
Department is a complete sham, and, as such, created an
environment wherein officers believe they can act unlawfully
without any repercussions or discipline. Such past policy and
practice are directly linked to the violation of the
constitutional rights of MR. CUNEO because such past policy and
practice encourage violations by police officers such as the
individually named Defendants.
17
62. Defendants, collectively and individually, while acting
under the color of law, engaged in conduct that constituted a
custom, policy, usage, practice, procedure or rule of Defendant
TOWNSHIP OF WEST DEPTFORD and its Police Department, which is
forbidden by the New Jersey State Constitution.
63. The aforementioned customs, policies, usages,
practices, procedures and rules of Defendant TOWNSHIP OF WEST
DEPTFORD, the West Deptford Police Department, and its police
officers included the assault and battering of MR. CUNEO, the
plaintiff listed above, and other innocent citizens, conspiracy
to deprive MR. CUNEO of his civil rights, creation of false
reports, withholding of evidence and cover up.
64. Defendant TOWNSHIP OF WEST DEPTFORD and its Police
Department, including Defendants DISIMONE, DONAHUE and CHAMBERS
engaged in a policy, custom and practice of inadequate screening,
hiring, retaining, training and supervising its employees, which
was the moving force behind the violation of MR. CUNEOS rights
described herein.
65. As a result of Defendants TOWNSHIP OF WEST DEPTFORD,
DISIMONE, DONAHUE and CHAMBERS failure to properly screen, hire,
retain, train, supervise, discipline their employees, and remedy
constitutional violations by its officers, including the named
Defendants herein, Defendants TOWNSHIP OF WEST DEPTFORD,
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DISIMONE, DONAHUE and CHAMBERS explicitly and implicitly
authorized, ratified and condoned Defendants CREEDON, SVENSON,
JOHN DOE POLICE OFFICERS 1-20 and JOHN DOE
SGTS/CHIEFS/SUPERVISORS 21-40's illegal conduct, and has been
deliberately indifferent to the acts and conduct complained of
herein.
66. The foregoing customs, policies, usages, practices,
procedures and rules constitute deliberate indifference to the
safety, well-being and State constitutional rights of MR. CUNEO
and was the direct and proximate cause and the moving force of
the constitutional violations suffered by MR. CUNEO.
67. Defendant TOWNSHIP OF WEST DEPTFORD, by and through its
employees, including the Defendants named above, provided grossly
deficient training and supervision to its Police Officers,
including the individual named Defendants, concerning for
example, the use of excessive force, despite actual and/or
constructive notice that officers, including Defendants CREEDON
and SVENSON, were improperly trained and violating minimally
accepted police practices.
68. Defendant TOWNSHIP OF WEST DEPTFORD, through its
Internal Affairs Department employees, including Defendants
CHAMBERS and DISIMONE, failed to impose discipline or investigate
misconduct on the part of its Police Officers, including the
19
named Defendants herein, prior to and including in this case,
despite actual and constructive notice that these officers
engaged in a pattern of using excessive force and violating the
constitutional rights of citizens.
69. Defendant TOWNSHIP OF WEST DEPTFORD through its Police
Department was negligent and/or reckless in its hiring and
retention of Police Officers, including the individual named
Defendants.
70. All the acts and omissions committed by Defendant
Officers described herein for which liability is claimed were
conducted in their individual and official capacities and were
done unlawfully, maliciously, wantonly, recklessly, with
deliberate indifference, negligently and/or with bad faith, and
said acts meet all of the standards for imposition of punitive
damages.
71. As a direct and proximate result of Defendants conduct
and abuse of authority detailed above, MR. CUNEO was deprived of
his liberty and suffered economic and non economic loss in the
form of medical expenses, mental pain and suffering and emotional
distress, as well as other non economic damages for which
Defendants are liable.
SECOND COUNT
(42 U.S.C. 1983 Unreasonable and Excessive Force)
20
72. MR. CUNEO repeats and re-alleges the foregoing
paragraphs of the Complaint as if same were fully set forth at
length herein.
73. Defendants CREEDON and SVENSONS unlawful, careless,
negligent, and reckless acts of assaulting MR. CUNEO and the use
of unreasonable and excessive force showed deliberate
indifference for the life and safety of MR. CUNEO.
74. Defendants CREEDON, SVENSON, DISIMONE, DONAHUE,
SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the West
Deptford Police Department (whose identities are currently
unknown) negligent, careless, reckless and wanton acts of
conspiring to use excessive force and/or their failure to
intervene showed deliberate indifference for the life and safety
of MR. CUNEO.
75. By their conduct, Defendants CREEDON, SVENSON,
DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and
JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, deprived MR. CUNEO of his
right to be free from excessive and unreasonable use of force
under the Fourth and Fourteenth Amendment of the United States
Constitution.
76. Defendant Officers violated clearly established law. No
reasonable officer could have believed, under the circumstances,
21
that it was lawful to use excessive force given that MR. CUNEO
was unconscious and on the floor with his hands pinned to his
sides and thus, in no position to resist.
77. The TOWNSHIP OF WEST DEPTFORD is liable for enforcing
and creating policies, practices and customs as aforesaid,
resulting in Constitutional deprivations suffered by MR. CUNEO.
78. In all the foregoing, Defendant Officers acted with
reckless, callous and deliberate indifference to MR. CUNEOS
constitutionally protected rights.
79. As a direct and proximate result of Defendant Officers
misconduct and abuse of authority detailed above, MR. CUNEO
sustained the damages hereinbefore alleged.
THIRD COUNT
(Common Law Assault and Battery)
80. MR. CUNEO, repeats and re-alleges the foregoing
length herein.
81. Video footage of the incident shows Defendant SVENSON
grabbing, tackling and slamming MR. CUNEO to the floor with such
force, it knocked MR. CUNEO unconscious.
82. As MR. CUNEO laid unconscious on the floor with his
hands pinned to his sides by SVENSON, Defendant CREEDON climbed
on top MR. CUNEO and punched him in his face so hard, it knocked
22
his tooth loose and caused a huge gash to his face which bled
profusely. CREEDON repeatedly punched MR. CUNEO in his face while
he was unconscious.
83. In assaulting and injuring MR. CUNEO, Defendants
CREEDON, SVENSON and JOHN DOE POLICE OFFICERS 1-20, were acting
in their individual and official capacity as WEST DEPTFORD
TOWNSHIP Police Officers and within the scope of their
employment, committed an unlawful and unwarranted assault and
battery upon MR. CUNEO.
84. The unjustified and brutal attack on MR. CUNEO knocked
his tooth loose and caused head trauma, contusions, and a large
gash to his face that required stitches on the inside of his
mouth and to his face.
85. Defendant TOWNSHIP OF WEST DEPTFORD, as employer of
Defendants CREEDON, SVENSON and JOHN DOE POLICE OFFICERS 1-20,
are responsible for their wrongdoing under the doctrine of
respondent superior and pursuant to the New Jersey Tort Claims
Act, N.J.S.A. 59-2-2, et seq.
86. As a direct and proximate result of Defendants
FOURTH COUNT
(42 U.S.C. 1983 Deliberate Indifference to Serious
Medical Need)
23
length herein.
CHAMBERS, JOHN DOES POLICE OFFICERS 1-20, and JOHN DOE
unknown), under color of state law, after physically assaulting
MR. CUNEO, and knowing that he was knocked unconscious by the
body slams and blows inflicted by CREEDON and SVENSION, failed to
provide prompt medical assistance and/or interfered in the
efforts of others to provide medical assistance to MR. CUNEO,
with deliberate indifference to Plaintiffs medical needs which
constitute cruel and unusual punishment in violation of MR.
CUNEOS rights under the Fourth, Eighth and Fourteenth Amendments
to the United States Constitution.
FIFTH COUNT
(Common Law Negligence Provision of Medical Care)
24
length herein.
91. After the physical assault that injured MR. CUNEO,
Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN
DOES POLICE OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS
21-40, along with members of the West Deptford Police Department
(whose identities are currently unknown), acting in their
individual and official capacity as TOWNSHIP Police Officers and
within the scope of their employment, negligently failed to
provide prompt and adequate medical care to MR. CUNEO after he
was the victim of the illegal, unreasonable and excessive use of
force which resulted in the severe injuries described above.
92. Defendant TOWNSHIP OF WEST DEPTFORD, as the employer of
DOES POLICE OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS
21-40, is responsible for their wrongdoing under the doctrine of
respondent superior pursuant to the New Jersey Tort Claims Act,
N.J.S.A. 59-2-2, et seq.
SIXTH COUNT
25
(42 U.S.C. 1983 Conspiracy)
length herein.
unknown), under color of state law, conspired with each other,
reached a mutual understanding, and acted to undertake a course
of conduct to cover up the true nature of the incident and to
injure, oppress, threaten, and intimidate MR. CUNEO in the free
exercise and enjoyment of his rights and privileges and equal
protection of the law secured to him by the United States
Constitution, including the right to be free from the excessive
and unreasonable use of force; the right to be free from the
delay and denial of medical attention; the right to be free from
unnecessary and wanton infliction of pain; and the right not to
be deprived of their liberty without due process of law.
26
unknown), took numerous overt steps in furtherance of such
conspiracy, as set forth above, and by preparing false reports of
the incident, failing to conduct an adequate and thorough
Internal Affairs Investigation, and either deliberately
destroying or fraudulently concealing videotape(s) of the
incident.
97. Defendant Officers combined and conspired to violate
MR. CUNEOS rights as described herein; therefore, they are
jointly and severally liable for the damages caused to MR. CUNEO.
SEVENTH COUNT
(42 U.S.C. 1983 Supervisor Liability)
length herein.
100. Defendant TOWNSHIP OF WEST DEPTFORD and supervisors of
its Police Department had a duty to properly supervise its
employees and failed to do so.
101. Defendants DISIMONE, DONAHUE, CHAMBERS and JOHN DOE
SGT/CHIEFS/SUPERVISORS 21-40 were, at all relevant times,
supervisory personnel in the West Deptford Police Department,
27
with oversight responsibility for Defendants CREEDON, SVENSON,
JOHN DOE POLICE OFFICERS 1-20, and others. They were responsible
for the training, instruction, supervision, and discipline of the
officers who violated MR. CUNEOS constitutional rights in the
manner described above.
102. Defendants DISIMONE, DONAHUE, CHAMBERS and JOHN DOE
SGT/CHIEFS/SUPERVISORS 21-40, as supervisory personnel in the
West Deptford Police Department, owed a duty of care to MR. CUNEO
to prevent the conduct alleged, which forseeably caused his
injuries and violation of his civil rights.
103. These Defendants knew, or in the exercise of due
diligence should have known, that the inappropriate, unlawful and
tortuous conduct of Defendants CREEDON, SVENSON and JOHN DOE
POLICE OFFICERS 1-20 against MR. CUNEO was likely to occur.
104. These Defendants failed to take preventive and remedial
measures to guard against the constitutional violations committed
by Defendants CREEDON, SVENSON and JOHN DOE POLICE OFFICERS 1-20.
Had they taken appropriate action, MR. CUNEO would not have been
physically assaulted and injured.
105. The failure of these Defendants to train, supervise and
discipline Defendants CREEDON, SVENSON and JOHN DOE POLICE
28
OFFICERS 1-20, amounted to gross negligence, deliberate
indifference, or reckless misconduct which directly caused and
was the moving force behind the constitutional deprivations
suffered by MR. CUNEO.
106. Defendant TOWNSHIP OF WEST DEPTFORD, as the employer of
(whose identities are currently unknown), is responsible for
their wrongdoing under the doctrine of respondent superior
pursuant to the New Jersey Tort Claims Act, N.J.S.A. 59-2-2, et
seq.
which resulted in the use of excessive force, misconduct and
abuse of authority detailed above, MR. CUNEO sustained the
damages hereinbefore alleged.
EIGHTH COUNT
(Negligent Training and Supervision)
29
length herein.
109. Defendant TOWNSHIP OF WEST DEPTFORD and its employees,
DONAHUE, CHAMBERS and DISIMONE, were responsible for the
recruiting, hiring, training and ongoing supervision of the
officers of the West Deptford Police Department.
DONAHUE, CHAMBERS and DISIMONE, had a duty to properly train and
supervise the officers of the West Deptford Police Department to
ensure they did not violate the constitutional rights of
citizens.
DONAHUE, CHAMBERS and DISIMONE, failed to properly train,
supervise and discipline Defendants CREEDON, SVENSON, JOHN DOE
POLICE OFFICERS 1-20 and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40,
along with members of the West Deptford Police Department (whose
identities are currently unknown) to ensure they did not violate
the constitutional rights of citizens, including MR. CUNEO.
112. The failure of Defendants TOWNSHIP OF WEST DEPTFORD and
its employees, DONAHUE, CHAMBERS and DISIMONE, to train,
30
supervise and discipline Defendants CREEDON, SVENSON, JOHN DOE
POLICE OFFICERS 1-20 and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40,
along with members of the West Deptford Police Department (whose
identities are currently unknown), amounted to gross negligence,
deliberate indifference, or reckless misconduct which directly
caused and was the moving force behind the deprivations suffered
by MR. CUNEO.
113. As a direct and proximate result of Defendant TOWNSHIP
OF WEST DEPTFORD, DONAHUE, CHAMBERS and DISIMONES negligent
training and supervision of Defendants CREEDON, SVENSON and JOHN
DOE POLICE OFFICERS 1-20 and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-
40, along with members of the West Deptford Police Department
(whose identities are currently unknown), which resulted in the
NINTH COUNT
(Negligent Hiring)
length herein.
115. Defendant TOWNSHIP OF WEST DEPTFORD was responsible for
31
the recruiting, hiring, training, retention and ongoing
supervision of the officers of the West Deptford Police
Department, including the named Defendants.
116. Defendant TOWNSHIP OF WEST DEPTFORD had a duty to
properly ascertain its police officers fitness to become police
before they were hired as officers of the TOWNSHIPS Police
Department.
117. Defendant TOWNSHIP OF WEST DEPTFORD failed to properly
determine the fitness of Defendants CREEDON, SVENSON, DISIMONE,
DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE
unknown), to be hired as police officers, chiefs, and lieutenants
of the TOWNSHIPS Police Department to ensure they would not
violate citizens like MR. CUNEOS civil rights.
118. Defendant TOWNSHIP OF WEST DEPTFORD knew, or in the
exercise of due diligence should have known that these Defendants
were not fit for duty and that the inappropriate, unlawful and
tortuous conduct of Defendants CREEDON, SVENSON, DISIMONE,
32
unknown), against MR. CUNEO was likely to occur.
119. Defendant TOWNSHIP OF WEST DEPTFORD failed to take
preventive and remedial measures to guard against the
constitutional violations committed by Defendants CREEDON,
SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-
20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along with
members of the West Deptford Police Department (whose identities
are currently unknown). Had they taken appropriate action, MR.
CUNEO would not have been physically assaulted and injured.
120. The failure of the TOWNSHIP to properly ascertain
(whose identities are currently unknown) fitness for employment
and to monitor their continued fitness for duty, amounted to
gross negligence, deliberate indifference, or reckless misconduct
which directly caused and was the moving force behind the
deprivations suffered by MR. CUNEO.
33
OF WEST DEPTFORDS negligent hiring of Defendants CREEDON,
SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE OFFICERS 1-
20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along with
members of the West Deptford Police Department (whose identities
are currently unknown), which resulted in the misconduct and
abuse of authority detailed above, MR. CUNEO sustained the
damages hereinbefore alleged.
TENTH COUNT
(Negligent Retention)
length herein.
123. Defendant TOWNSHIP OF WEST DEPTFORD knew or should have
known that Defendants CREEDON, SVENSON, DISIMONE, DONAHUE,
unknown) were not qualified to act as police officers, chiefs,
lieutenants and supervisors for its Police Department.
124. Defendant TOWNSHIP OF WEST DEPTFORD knew, or in the
34
exercise of due diligence should have known that these Defendants
were not fit for duty and that the inappropriate, unlawful and
tortuous conduct of Defendants CREEDON, SVENSON, DISIMONE,
unknown) against MR. CUNEO was likely to occur.
125. Defendant TOWNSHIP OF WEST DEPTFORD was aware of
numerous prior incidents that should have alerted them to the
potential unlawful conduct of Defendants CREEDON, SVENSON,
JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along with members of the
West Deptford Police Department (whose identities are currently
unknown).
126. Defendant TOWNSHIP OF WEST DEPTFORD was at the very
least aware of the numerous citizens complaints of excessive
force, coverup, false arrest and malicious prosecution against
Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS and
other members of the West Deptford Police Department. Yet,
Defendant TOWNSHIP did nothing to prevent the ongoing unlawful
35
actions of its police officers or to terminate these rogue
officers.
127. Defendant TOWNSHIP OF WEST DEPTFORD failed to take
reasonable steps to ensure that Defendants CREEDON, SVENSON,
unknown) would act appropriately and within the confines of the
law.
128. Defendant TOWNSHIP OF WEST DEPTFORD had a duty to take
reasonable and appropriate steps to ensure that Defendants
CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN DOE POLICE
OFFICERS 1-20, and JOHN DOE SGTS/CHIEFS/SUPERVISORS 21-40, along
with members of the West Deptford Police Department (whose
identities are currently unknown) would not act unlawfully and
would not violate the constitutional rights of the citizens they
serve, including MR. CUNEO.
129. Defendant TOWNSHIP OF WEST DEPTFORDS failure to
properly discipline its police officers and monitor their
continued fitness for duty coupled with its negligent retention
of Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS, JOHN
36
(whose identities are currently unknown) despite actual and/or
constructive knowledge that they were not fit to be police
officers, chiefs or lieutenants, amounted to gross negligence,
deliberate indifference, or reckless misconduct which directly
caused and was the moving force behind the deprivations suffered
by MR. CUNEO.
OF WEST DEPTFORDS failure to take the appropriate steps to
ensure Defendants CREEDON, SVENSON, DISIMONE, DONAHUE, CHAMBERS,
JOHN DOE POLICE OFFICERS 1-20, and JOHN DOE
unknown) would not act unlawfully, which resulted in the
ELEVENTH COUNT
(Violation of the New Jersey Civil Rights Act
N.J.S.A. 10:6-1 to 2)
37
length herein.
132. Defendants, under color of statute, ordinance,
reputation, custom and usage have deprived and caused MR. CUNEO
to be subjected to the deprivations of his rights, privileges and
immunities secured by the New Jersey Constitution and law of the
State of New Jersey, including his right to liberty, his right to
be secure as a person against excessive use of force, and his
right to freedom of association secured to him by the New Jersey
State Constitution.
133. Defendants, acting under color of law, unlawfully
deprived MR. CUNEO of his civil rights by, inter alia, seizing
him, using excessive force against him, failing to intervene to
prevent the unlawful acts against him, failing to provide him
with prompt medical attention and failing to properly hire,
train, retain and supervise police officers.
134. Defendant TOWNSHIP OF WEST DEPTFORD is liable for its
failure to properly hire, train, retain and supervise its police
38
officers.
135. Defendants acts were done in knowing violation of MR.
CUNEOS legal and constitutional rights and have caused MR. CUNEO
injuries, including physical injury, humiliation, mental pain and
suffering and emotional distress.
136. Defendants deprivation of MR. CUNEOS civil rights
violates the New Jersey Constitution and gives rise to MR.
CUNEOS claims for redress under N.J.S.A. 10:6-1 et seq.
137. Defendant TOWNSHIP OF WEST DEPTFORD is directly liable
for the acts of its Police Officers in the performance of their
duties under the color of state, county and municipal law.
138. Based on the aforesaid conduct, Defendants, acting
under color of law, deprived and interfered with, by the use of
excessive force, intimidation or coercion, the exercise or
enjoyment by MR. CUNEO of the rights guaranteed to him by the New
Jersey Constitution including, but not limited to:
a) The right to enjoy and defend life and liberty;
b) The right to pursue and obtain safety and happiness;
c) The right to due process of law;
d) The right to equal protection of the laws;
e) The right to be secure from unreasonable searches and
39
seizures;
f) The right to any other natural and unalienable right

retained by the people;
g) The right to privacy; and
h) The right to be free of cruel and unjust punishment.
TWELFTH COUNT
Negligent and Intentional Infliction of
Emotional Distress
length herein.
141. Defendants acted unlawfully and recklessly with
deliberate disregard of a high degree of probability that
emotional distress will follow. Defendants conduct was extreme
and so outrageous in character and degree as to go beyond all
possible bounds of decency. Defendants conduct was so atrocious,
it is utterly intolerable in a civilized community.
actions, MR. CUNEO has suffered and continue to suffer such
40
severe and substantial emotional distress and mental harm which
no reasonable person could be expected to endure.
THIRTEENTH COUNT
Spoilation/Fraudulent Concealment
length herein.
144. Defendant TOWNSHIP OF WEST DEPTFORD has failed to
produce the findings of the Internal Affairs Investigation and
the audio recordings of the Defendant officers body cams, despite
numerous requests for same prior to the commencement of
litigation.
145. Defendant TOWNSHIP OF WEST DEPTFORD had a legal
obligation to preserve and disclose any evidence in connection
with this litigation. The audio recording of body cams, was
clearly material to this litigation and any Internal Affairs
Investigation conducted.
146. There is no way for MR. CUNEO to have obtained access
to the evidence from another source other than requesting the
audio tapes and the TOWNSHIP and its employees, CREEDON, SVENSON,
41
unknown), either intentionally lost, destroyed or fraudulently
concealed the evidence with the purpose to disrupt the
litigation.
WHEREFORE, MR. CUNEO demands judgment against all
Defendants, jointly and severally for:
A. General damages;
B. Compensatory damages;
C. Punitive Damages;
D. Cost and interest;
E. Attorneys fees;
F. Pre-judgment and post-judgment interest against all

Defendants;
42
G. Any other relief the Court deems just and

equitable.
DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE that attorney TRACEY C. HINSON is hereby
designated as trial counsel in the above-captioned litigation for
the firm of Hinson Snipes, LLP.
JURY DEMAND
PLEASE TAKE NOTICE that Plaintiff demands a trial by jury as
to all issues so triable.
NOTICE OF UTILIZATION OF TIME-UNIT BASIS
PLEASE TAKE NOTICE Plaintiff intends to utilize the
time-unit basis for calculating unliquidated damages in
Plaintiffs closing statement to the jury and the Court.
HINSON SNIPES, LLP

Attorneys for Plaintiff
By: S/ Tracey C. Hinson

Tracey C. Hinson, Esquire
Dated: 7/17/17
43

Cuneo vs. West Deptford

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Case 1:17-cv-05215-JHR-JS Document 1 Filed 07/17/17 Page 1 of 43 PageID: 1

HINSON SNIPES, LLP

UNITED STATES DISTRICT COURT

CHRISTOPHER J. CUNEO, CIVIL ACTION NO.

Plaintiff, CHRISTOPHER J. CUNEO (MR. CUNEO), by way of

complaint against Defendants says:

1. This Complaint, arising from the egregious, outrageous,

and unlawful acts of members of Defendant WEST DEPTFORD

TOWNSHIPS Police Department, seeks compensatory and punitive

damages and other relief pursuant to applicable state and federal

civil rights law, specifically for the violation of MR. CUNEOS

rights, privileges and immunities as guaranteed by the Fourth and

Fourteenth Amendments to the Constitution of the United States

Civil Rights Act, N.J.S.A. 10:6-1 to 2, among other common law

and statutory rights. Claims on behalf of MR. CUNEO, is also

brought pursuant to N.J.S.A. 59:8-1 et seq., among other common

laws and statutory rights.

2. On July 18, 2015, MR. CUNEO attended a party at the

Apple Lane residence of his friend Sebastian Forbes.

3. West Deptford Police Officers Defendants JAMES A.

CREEDON (CREEDON) and CHARLES RICHARD SVENSON (SVENSON) were

dispatched to Mr. Forbes address for an alleged noise complaint.

4. Upon arrival at the home, Defendants CREEDON and

SVENSON entered Mr. Forbes home without a warrant or consent

where they physically assaulted and severely beat MR. CUNEO

without justification or provocation. The beating left MR. CUNEO

unconscious and with injuries so severe, he was transported from

the scene to Cooper University Hospital where he received

5. MR. CUNEO was then arrested and charged with various

6. The brutal beating and the illegal use of excessive

force on MR. CUNEO by Defendants CREEDON and SVENSON and the

subsequent cover up of the incident by Defendant WEST DEPTFORD

TOWNSHIP and its Police Department, was not an isolated or

aberrational incident. It was the direct result of systemic

deficiencies in the training, supervision and discipline of WEST

DEPTFORD TOWNSHIP Police Officers, including Defendants CREEDON

of MR. CUNEO and continue to this day.

7. Defendant WEST DEPTFORD TOWNSHIP, acting through its

Police Department, developed, implemented, enforced, encouraged

and sanctioned a de facto policy, practice and/or custom of the

use of unreasonable and excessive force on citizens and coverup

of these instances misconduct by its officers.

8. Defendant WEST DEPTFORD TOWNSHIP, its Police

Department, and the individually named Defendants engaged in a

massive coverup of the incident and failed to adequately

investigate the brutal beating of MR. CUNEO or take appropriate

disciplinary action against Defendants CREEDON and SVENSON

despite their knowledge of CREEDON and SVENSONS illegal conduct

and numerous prior allegations of misconduct and the use of

excessive force against these Defendants and other officers

employed by Defendant WEST DEPTFORD TOWNSHIP.

9. MR. CUNEO seeks to vindicate his right to be free of

and New Jersey State Constitution, 42 U.S.C. 1983 & 1988;

common law and statutory rights.

10. MR. CUNEO is a citizen of the United States. He is and

was at all times relevant, a resident of the State of New Jersey.

11. Defendant WEST DEPTFORD TOWNSHIP (TOWNSHIP), is a

municipal corporation duly incorporated and authorized under the

laws of the State of New Jersey. The TOWNSHIP is authorized under

the laws of the State of New Jersey to maintain a police

department, the West Deptford Police Department, which acts as

its agent in the area of law enforcement and for which it is

ultimately responsible. The TOWNSHIP assumes the risks incidental

to the maintenance of its police force and the employment of its