Wednesday, May 20, 2015

NJ Woman Settles Civil Rights Suit Against PD for $180k after Forced Voyeuristic Urination ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet Rosa Badalamenti, of Brooklawn, NJ.  That's her below (I think... I spent a good dfeal of time trying to match the face with the story and while I believe that I got it right I'm disclaiming just in case)...





Anyhow, Rosa sued the Westville, NJ Police Department and two (2) of its officers back in 2011, claiming that the police would not allow her to use the bathroom after her March 2010 arrest and that they forcing her to drop her pants and pee in the cell. (Apparently she was nowhere near as happy as this "lady" about having to do so... and, as you will read, in the end neither was the police accountant.)





In her lawsuit Rosa admitted that she was intoxicated on the night of her arrest, having had two to four (2 - 4) drinks in about an hour while at Schileen's Pub, which was a 10-minute walk from her home.  After stepping out for a cigarette, she approached Westville Police Officers who were making a traffic stop outside the bar and said that she "stood there" asking what was going on while Officer Michael DeNick told her repeatedly to leave.  Rosa failed to comply, was arrested, and somehow wound up leaving in police custody with bruises on her chest, wrists and arms.  In the patrol car she repeatedly said that she needed to use the bathroom, and at the station she continued to repeat her request to use the bathroom but was told that she could do so "as soon as she gave [police] her name".  Rosa claimed that she continued to ask to use the bathroom, but that officers "essentially ignored her requests and just smiled at her and joked around"  Finally she said that Officer DeNick told her to urinate on the floor of the cell and, "no longer able to control her urge to use the bathroo", Rosahad no choice but to pull down her jeans with her free hand and pee on the floor, at which sight she claimed that the officers laughed. 





Rosa's account of what happened at the police station conflicts with Officer DeNick's, who reportedly stated that she had been handcuffed to a bench for the officers' safety after she had entered the station yelling and screaming.  Officer DeNick also denied that he or any other officers were present when Rosa urinated, claiming that he came in from another room to find her jeans, along with the bench and floor, wet.  However, another man under arrest at the station, Sean Hunt, both contradicted Officer DeNick's statements and supported Roas's claim that she had behaved calmly for twenty (20) minutes at the station, the Courier Post reported.  Although neither officers nor the department ever admitted any wrongdoing they reportedly settled the matter with Rosa for $180,000.00.





Memo to Law Enforcement:   It's so much easier (and cheaper) to get a female officer to take the female prisoner to the restroom....   Memo to the Folks:  Civil Rights case take time, effort, energy, patience and a dedicated and committed lawyer, not to fail to mention that there are stringent rules and requirements for your case to even be filed, much less to survive a directed verdict or result in in windfall.  That said, not withstanding her embarrassing mess, A) Rosa should be happy and B) The clean-up was pricey....





For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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