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NJ jail guard demoted for reporting superior choking inmate in mugshot

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NJ jail guard demoted for reporting superior choking inmate in mugshot


A New Jersey correction officer claims he was demoted and retaliated in opposition to for reporting that his white superior choked a black inmate who was being processed within the county jail, new court docket papers allege.

Anthony Smith — a CO in Hudson County for 20 years — stated the Division of Corrections and Rehabilitation “unleashed a torrent of reprisal” in opposition to him after he made a grievance alleging Sgt. Mario Fernandez had choked an inmate in a mugshot picture, based on his lawsuit filed Friday.

“Whenever you converse out in opposition to somebody particularly inside your division, that is what occurs to you,” Smith, 46, informed The Publish. “You mainly get blackballed.”

The correction officer had acquired a mugshot picture, obtained by The Publish, displaying the hand of a white individual across the neck of a black inmate along with his eyes closed.

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“I used to be disgusted,” stated Smith, who in 2008 based outreach group the Blacks and Regulation Enforcement Servicing the Neighborhood Group. “One thing needs to be achieved about it.”

Fernandez — who was allegedly “infamous” for being aggressive with inmates and coworkers — was in the end suspended for 45 days for the incident, based on the Hudson County swimsuit.

Smith, of Somerset, started working for the division in 2003 and was promoted in 2020 to a group relations officer — a task that features recruiting, mentoring college students, attending proceedings with juveniles and different out of jail tasks.

However after he reported Fernandez on Aug. 26, 2022, Smith’s profession got here to a grinding halt, the lawsuit alleges.

Anthony Smith reported that his white superior allegedly choked a black inmate in a mugshot and was demoted after.
Courtesy of McOmber McOmber & Luber P.C.

Anthony Smith.
Smith a correction officer in Hudson County, NJ says he was retaliated in opposition to for talking out, based on his lawsuit.
Courtesy of McOmber, McOmber & Luber, P.C.

As a substitute of taking “correct remedial motion,” Smith claims division officers broadcasted his grievance “all through the corrections facility,” based on the submitting.

Then three days in a while Aug. 29, Capt. Paul Morales repeatedly pressed Smith to disclose who had despatched the picture to him with the “apparent implication” being that Morales “needed to show the whistleblower and topic them to retaliation,” the swimsuit alleges.

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Smith refused to say which worker despatched him the picture.

Fernandez was suspended over the incident a couple of weeks later, however Morales allegedly expressed that he was upset about Smith coming ahead, the court docket papers state.


Correction Officer Anthony Smith
Smith was taken off of his publish as a group relations officer and compelled to work undesirable posts within the jail.
Courtesy of McOmber McOmber & Luber, P.C.

“You realize, that’s not proper,” Morales stated, based on the lawsuit. “That shouldn’t be occurring to my supervisors. I don’t understand how this bought out.”

“A brutal marketing campaign of retaliation” ensued, together with Smith being demoted on Dec. 28 and despatched again to work within the Kearny jail starting on Jan. 1, 2023, the court docket paperwork declare.

Smith was informed his new project was as a result of the jail being “quick manpower” — however he claims this was merely a “pretext” because the lockup was short-staffed all through the pandemic but he was not despatched again to work there throughout that point, the swimsuit alleges.


Anthony Smith
Smith has been a correction officer for 20 years.
Courtesy of McOmber McOmber & Luber, P.C.

“I used to be upset. I used to be embarrassed,” Smith informed The Publish of the demotion that landed him working within the jail once more. “I do the correct factor and I’m being punished for it.”

Smith says he met with the county director thrice to debate getting his previous job again however the director wouldn’t budge.

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Native college students, group leaders and Kearny Mayor Albert G. Santos have known as for Smith’s return to his publish and held three “separate rallies” for the correction officer.

In the meantime Smith’s coworkers began “treating him in a particularly disrespectful method” and isolating him at work, the swimsuit claims.

And Smith was assigned to undesirable postings often given to new staff and was “consistently” shuffled across the jail, the submitting alleges.


Anthony Smith
Smith labored with children locally.
Courtesy of McOmber McOmber & Luber, P.C.

He was additionally posted to the identical unit as Fernandez, and was pressured to work and work together with Fernandez “each day,” the swimsuit claims.

“Every such interplay is destructive, with defendant Fernandez treating Plaintiff in a demeaning and degrading method,” the swimsuit expenses.

On March 15, when Smith made a grievance about allegedly being retaliated in opposition to, the county performed “a halfhearted investigation,” the swimsuit alleges.

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Smith is suing for unspecified damages.

“The factor that strikes me most about this case is that Anthony knew full nicely that reporting a sergeant would get him blackballed,” stated his lawyer Christian McOmber, of McOmber McOmber & Luber P.C. “However he crossed the ‘blue wall’ as a result of he’s a person of honor and does the correct factor irrespective of the associated fee.”

Hudson County and Fernandez didn’t return requests for remark.



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New Jersey

Justice Department finds pattern of misconduct by Trenton Police

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Justice Department finds pattern of misconduct by Trenton Police


From Camden and Cherry Hill to Trenton and the Jersey Shore, what about life in New Jersey do you want WHYY News to cover? Let us know.

The Justice Department said Trenton’s police department have made arrests without legal basis, officers have escalated situations with aggression and used pepper spray unnecessarily.

The results of the yearlong investigation were contained in a 45-page report released Thursday morning during a virtual press conference with U.S. Attorney for New Jersey Philip Sellinger and Assistant Attorney General Kristen Clarke from the Justice Department’s Civil Rights Division.

“The people of Trenton deserve nothing less than fair and constitutional policing,” Sellinger said. “When police stop someone in Trenton, our investigation found that all too often they violated the constitutional rights of those they stopped, sometimes with tragic consequences.”

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Maati Sekmet Ra, co-founder of the Trenton Anti-Violence Coalition, said she is not surprised about the Justice Department’s findings.

“You cannot talk about violence that happens and occurs in a place like Trenton without talking about police violence,” she said. “Police have historically brutalized, harassed and now it’s proven that they’re violating the civil rights of folks who live in Trenton.”

Officers violate the 4th Amendment in 2 areas

The two main findings of the report are that Trenton officers use excessive force and conduct warrantless traffic stops, searches and arrests. Both violate the Fourth Amendment to the United States Constitution.

According to the report, officers reported using force in 815 incidents between March 2020 and December 2023. The majority of them involved physical force; pepper spray was used by officers 120 times. A firearm was used once.

In one incident mentioned during the press conference, a 64-year-old man died from respiratory failure after he was sprayed in the face with pepper spray. Officers went to the man’s house to arrest his son who was involved in an earlier domestic incident.

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The man, who was not involved in the incident, met with officers outside his front door informing them they would not be allowed in his house without a warrant. As they waited for a supervisor to come to the scene, one of the officers escalated the conversation, taunting the father and son, according to the federal report.

The officer said the son was “talking like he was ‘retarded’ and asking if the father was ‘crazy,’” according to the report. The language the officer used according to the report is considered outdated and a slur toward people with mental disabilities.

As the father was about to re-enter his house, an officer threw him across the porch, against the railing and slammed him face down on the porch steps. As officers were arresting the father, another officer sprayed him in the face.

“The officer who escalated the encounter inaccurately reported that the father physically presented a ‘threat/attack’ to the officer,” the report stated. “He also claimed that he grabbed the father because he feared that a dog inside would come out—a factor that no other officer mentioned and that video footage discredited.”

The father died 18 days after the incident.

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Light snow forecast expands to nearly half of N.J. after rain, high winds today

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Light snow forecast expands to nearly half of N.J. after rain, high winds today


A cool, damp day is in store for New Jersey with rain during the day and northwestern areas of the state getting a dusting of snow at night, forecasters say.

Rain totals have been dialed back but Thursday’s moisture is “still a generous and much needed precipitation event,” especially for North Jersey, the National Weather Service said in its morning forecast discussion.

“The signal remains clear that the heaviest rain will fall across our northern zones with considerably less to the south, but overall, forecast precipitation has diminished slightly.”

By the time the last of the moisture pushes away from the state on Friday night, precipitation amounts will range from 1.5-2 inches in northwestern regions to a tenth to quarter inch in southern New Jersey. Central portions of the state should wind up with a half-inch to an inch of rain.

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Overall, the rain will help New Jersey’s drought, but won’t come close to alleviating it.

New Jersey will receive some much-needed rain on Thursday, Nov. 21. Northern parts of the state will also get a dusting of snow at night.National Weather Service

“The drought is much too extensive and too significant to be resolved by one storm,” AccuWeather.com said.

The other story Thursday will be gusty winds that could reach as high as 25 mph inland and 40 mph along the Jersey Shore.

Rain will be mainly light, though heavier showers are possible at times, according to the weather service’s New York office, which covers Bergen, Essex, Hudson, Passaic and Union counties.

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High temperatures will top out in the low 50s around mid-afternoon.

Rain will change to light snow tonight in northern New Jersey with less than an inch expected in general. Hilly areas in Sussex and parts of Passaic counties could see slightly higher totals. Lows will be in the 30s.

Some scattered light rain is expected Friday before it tapers off at night from west to east, according to forecasters. It’ll be a chilly, breezy day with highs only in the 40s before temps dip into the 30s overnight.

Dry weather returns for the weekend with mostly sunny conditions and highs in the low 50s both days. The forecast is the almost the same for Monday and Tuesday, though temps will be slightly warmer.

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Jeff Goldman may be reached at jeff_goldman@njadvancemedia.com.



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New Jersey

Crane crashes onto home in Morris County, New Jersey

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Crane crashes onto home in Morris County, New Jersey


Crane crashes onto home in Morris County, New Jersey – CBS New York

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A routine tree-trimming job turned into chaos in Morris County, New Jersey on Wednesday when a crane fell onto a house. Thankfully, no one was hurt. CBS News New York’s Naveen Dhaliwal spoke with the homeowner.

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