Saturday, November 26, 2016

Linden paid out $45,000 to settle wrongful arrest lawsuit.

On July 15, 2016, the City of Linden (Union County) agreed to pay $45,000 to a man who said that he was wrongfully arrested and held in jail for 65 days.

In his lawsuit, Eon Flemming said that Linden Police Detective "M. Rawling" (presumably Maurice S. Rawlins) wrongfully arrested him on December 6, 2011 in Long Branch, New Jersey for a drug offense.  He said that he was jailed for 65 days and that the charges were administratively dismissed.

The case is captioned Flemming v. City of Linden, et al, Docket No. UNN-L-4179-13 and Flemming's attorney was David B. Owens of Jersey City. 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 that Linden or its insurer, for whatever reason, decided that it would rather pay Flemming $45,000 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.