Sergeant's suit charges police
with misconduct
A sergeant
with the Bergen County Police Department has filed a $3 million civil suit
against his colleagues, accusing county police officers of tampering with and
stealing evidence, falsifying reports, abusing sick time and adhering to a
culture of cronyism and favoritism.
In the
suit, which was filed April 3 and released Monday, Sgt. Robert Carney, former
head of internal affairs, also accuses Police Chief Brian Higgins and Capt. Uwe
Malakas of punishing him for numerous attempts at exposing illegal activity.
Carney claims that two live rounds were taped to his locker — an area
restricted to only high-ranking officers — as an ominous warning for him to
cease his complaints about alleged wrongdoing within the department.
Carney
joined the county police in 2002 and was promoted to sergeant in July 2006. He
claims in his suit that he took the civil service test for lieutenant in
October 2009 and scored well enough to advance in rank, but was instead made to
take on the increased responsibility of lieutenant without being promoted.
Missing evidence?
During
his five years in internal affairs, Carney alleges that he "reported many
incidents of wrongful, abusive, and illegal behavior on the part of BCPD
officers of various ranks, including those at the highest levels of
command." These incidents, according to the civil suit, include the
"unexplained and uninvestigated" loss of 130 items of evidence from
the department's evidence locker. These losses were then never properly
reported to the Bergen County Prosecutor's Office as per the state attorney general's
guidelines, Carney's suit alleges.
Carney
alleges that as his complaints against the department grew, he was stripped of
his position in internal affairs, relegated to patrol and verbally demeaned by
some of his colleagues.
'Many' issues
"It's
not just one thing here, but many," said Carney's attorney, William
Feldman, who spoke on behalf of his client. Carney "has been subjected to
really harsh, detrimental treatment. … The goal here is to eliminate the
hardships he's been subjected to."
Higgins
and Malakas did not return calls seeking comment Monday.
Bergen County Prosecutor John Molinelli said in an email that his
office has reviewed Carney's claims and has met with Higgins and other members
of the county police department to discuss the issues raised in the civil suit.
"We
are obviously concerned about adherence to best police practices and attorney
general guidelines, particularly in the area of internal affairs, where it has
always been of the utmost priority to ensure public confidence and trust in
processes designed to ensure the highest integrity of police
investigations," Molinelli said. His office is working with Higgins and
the department "to ensure complete and absolute compliance,"
Molinelli added.
The
Prosecutor's Office has not made any determination of the extent of lost
evidence alleged by Carney's suit or its potential impact on cases, he added.
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.