Excessive Force Lawsuit: Federal Judge Denies Wolfe’s Motion

In a federal civil rights lawsuit, Stephen Klemash v. Monroe Township and Gregory Wolfe, Case No. 07-4190, former Monroe Township Detective Gregory Wolfe was accused of excessive force during a September 29, 2006, arrest at Owens Park.

The plaintiff alleged that Wolfe forcibly handcuffed him behind his back despite repeated warnings that he had undergone shoulder surgery and could not safely move his arm into that position. Klemash claimed the encounter resulted in serious, permanent injuries.

The lawsuit raised allegations of excessive force, assault and battery, negligence, civil rights violations, and inadequate police training.

On February 4, 2010, U.S. District Judge Renée Marie Bumb denied the defendants' motion for summary judgment, allowing the disputed claims to proceed toward trial. The court determined that substantial factual questions remained regarding Wolfe's use of force, whether the plaintiff was resisting arrest, and Monroe Township's police training and handcuffing practices.

The judge also found sufficient evidence for a jury to consider whether the Township's failure to train officers on accommodating injured individuals contributed to a constitutional violation.

Importantly, the ruling did not establish that Wolfe was legally liable. It allowed the claims to proceed rather than dismissing them before trial. The court dismissed the federal punitive-damages claim against Monroe Township. 

Source: United States District Court, District of New Jersey, Klemash v. Monroe Township et al., Civil No. 07-4190 (RMB), Opinion dated February 4, 2010, Document 47.