Friday, November 18, 2016

Elizabeth agrees to pay $30,000 to resolve police excessive force lawsuit.

On September 18, 2016, the Elizabeth City Council (Union County) agreed to pay $30,000 to a Roselle Park man who said that he suffered a fractured back after having been stomped by police.

In his lawsuit, Luis A. Padua said that on April 8, 2011 he was waiting for a ride outside of a parking garage on West Grand Street when he was approached by Captain Torner (presumably Tyrone E. Torner) and Officers A. Vrohidis and Marcos Diaz.  Padua claimed that the officers, who had been notified of a vehicle theft at the parking garage, "began to beat and kick [Padua], pushing him against a wall and stomping on his back, to the point where his back was fractured."  Padua claimed that the officers fabricated Obstruction, Resisting and Criminal Trespass charges against him that were eventually dismissed.

Also named in the suit were Police Chief Patrick Shannon and Police Director James Cosgrove.

The case is captioned Padua v. City of Elizabeth, et al, Federal Case No. 13-cv-04645 and Padua's attorney was Shelley L. Stangler of Springfield. Case documents are on-line here

None of lawsuit's allegations have been proven or disproven in court.  Settlement agreements typically state that payment does not constitute an admission of wrongdoing by any of the defendants.  All that is known for sure is vthat Elizabeth or its insurer, for whatever reason, decided that it would rather pay Padua $30,000 than take the matter to trial. Perhaps the defendants' decision was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases resolve before trial--it is impossible to know the truth of what really happened.