Posted April 16, 2020 14:20:23 The New Jersey Superior Court of Justice has ruled that an Officer Daniel DeMarco who arrested a man for allegedly stealing a car should be stripped of his badge.
The ruling was made in a criminal case against a New Jersey resident named Richard Brown who was arrested in January for allegedly taking an unmarked vehicle without a license plate from a dealership in Newark, New Jersey.
The lawsuit alleged that DeMarco, a three-year veteran of the New Jersey State Police, violated Brown’s civil rights by arresting him for not wearing his police uniform.
In a decision released Friday, the New Brunswick Superior Court Judge ruled that DeMarcus’ badge should be removed, stating, “A badge does not have the power to strip a person of his or her rights.”
The decision was made on a motion by Brown, who was released on bond after the criminal case was dismissed.
The judge said that Brown did not have an “intent to defraud” and therefore had not violated DeMarco’s rights.
The decision came as Brown’s attorney, Stephen J. Schwartz, said in a statement that the decision “represents a huge blow to his client’s case and all those who have worked so hard to prove the innocence of Mr. Brown and all the other people who were falsely arrested in New Jersey in the wake of the Hurricane Sandy.”
Schwartz said that DeLucas badge should remain in place because he has been working for the State Police since 2001.
The suit was filed in February by DeMarco and Brown’s mother, Susan Brown, alleging that De Marco and other state troopers violated Browns civil rights.
DeMarco, who has been on active duty with the State Patrol since 1999, and his colleagues arrested Brown on Jan. 25, 2011.
Brown told investigators that he had just driven his car to a dealership, and that he noticed an unmarked Chevrolet sedan parked on the street.
Brown was taken into custody, charged with driving without a valid license plate, and later charged with a count of evading arrest.
After the charge was dropped, the state police announced that Brown had been cleared of wrongdoing.
In his decision, the judge wrote that Brown “failed to establish any credible evidence that he was under arrest for a crime,” and that “he was simply pulled over because he was allegedly in possession of an unmarked, unmarked, stolen vehicle.”
DeMarco’s attorneys, in an email to ESPN, wrote that the judge “clearly did not understand the meaning of the term ‘innocent until proven guilty.'”
“As a former police officer, Daniel DeLucis badge is a badge that is used by every other officer, including the defendant, to investigate crimes and make arrests,” attorney Michael D. Stelmach wrote in the email.
“The badge is used as evidence and to obtain the evidence needed to convict someone of a crime.
It is a tool that is not a badge to strip someone of their rights.”
In the court decision, Judge Michael E. Schoenfeld wrote that “a badge does have the authority to strip people of their right to freedom of expression and freedom of association.”
The judge’s ruling came just days after the New York Police Department, the largest police force in the country, announced that it would no longer use badges to determine whether someone is guilty of crimes.
The decision was criticized by some, including New York Gov.
Andrew Cuomo, who called it “a shameful retreat from the past.”
DeLucas attorney, Michael DeLucos, released a statement Friday saying that his client “will appeal this decision.”
The lawsuit, which was filed as a class action, accused the state’s Department of Public Safety of violating the rights of Brown and other New Jersey residents by using the badge as a pretext to arrest them.
The suit also alleged that officers violated the rights to due process and equal protection of the laws by arresting Brown without probable cause.
DeLucos said in the statement that he hopes that the ruling will “strengthen the law enforcement community, which is already at risk due to the lack of oversight and accountability in this area.”
The Associated Press contributed to this report.