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Update: Second Teen Locked in Police Van Sues Borough, Fort Lee Police

A second teenager left locked in a police transport van two years ago filed a civil lawsuit in Newark.

 

A second Fort Lee teen, Liam Eisenberg, who was among five minors left locked in a police transport van outside the Fort Lee Police Department in March 2011, has filed a civil suit in U.S. District Court against the borough, the police department and twelve police officers.

The suit claims a violation of federal civil rights laws, negligence, excessive force, false imprisonment, infliction of emotional distress, negligent supervision, negligent hiring and retention and failure to implement appropriate policies.

The plaintiff's parents, Martin Eisenberg and Nancy Dougherty, are also named plaintiffs claiming psychological injury due to negligent and intentional infliction of emotional distress. All plaintiffs are seeking pecuniary and punitive damages, including attorneys fees and associated costs.

Liam Eisenberg was 17 years old on March 26, 2011 when he and four other teenagers were left in the van for more than 14 hours in freezing temperatures and without food, water or bathroom facilities after police broke up a party. The complaint charges that Eisenberg was arrested without probable cause.

Patch reported that in the early morning hours of March 26, 2011, police responded to a home on Arcadian Way to break up what officials called a "raucous" house party. Several minors were taken into custody, according to interviews with parents and teens after the incident, but five were forgotten in a police van outside headquarters until 3 p.m. when a man passing by saw them and called authorities. 

The Complaint alleges that upon arriving at the house, police allowed anyone who was 18 years or older to leave while the approximately 12 minors who remained were arrested without probable cause.

Police Chief Keith Bendul told Patch that when juveniles are brought into police headquarters they are released to a responsible adult, which often is one or both parents.

The suit alleges that upon arrival at Police Headquarters, teenagers from one cage were released from the van, while the others remained.   

Bendul said that he cannot comment to the merits of the complaint, but as with the first lawsuit, it has been turned over to the Borough Attorney.

"A full Internal Affairs investigation was conducted at the time of the incident and disciplinary action was taken," Bendul reported.

Borough Administrator Peggy Thomas told Patch in June 2011, that after a complete investigation, three officers received “major disciplinary action,” while “about five more got minor disciplinary action."

Fort Lee Mayor Mark Sokolich said in 2011 that at least one demotion was involved, along with “multiple days of suspension without pay.”

“A conclusion was reached as to what occurred, and it was determined that it was human error—nonetheless, an error,” Sokolich said at the time that the internal investigation was completed.

Former Fort Lee Police Chief Thomas Ripoli, who retired in December after reaching the state-mandated retirement age of 65, is named in the lawsuit, along with 12 Fort Lee police officers.

The complaint, filed by plaintiffs' attorney Frederick Gerson, requests a jury trial.

Mayor Mark Sokolich declined to comment due to pending litigation.

This article was updated at 2:20 pm.

Related Topics: Fort Lee Police and Liam Eisenberg

Arya F. Jenkins

5:42 pm on Wednesday, March 20, 2013

On one occasion last summer, after going to the police station to discuss with officers the possibility of taking to task (by taking to court) an out-of-town driver who had nearly run me over at a crosswalk, I was offered a ride home by one of Fort Lee's finest. Generally, the Fort Lee police are "the finest." On this occasion, however, I was ushered out of the station, where I had been debating filing a complaint with another officer, and introduced to a cop who was going to drive me home. This policeman put me in the back of his car and closed the door. Those doors automatically lock, for those of you who may not know. The police car I was placed in, just to be driven home as a courtesy, was switched off. Therefore, there was no AC. The policeman who was going to take me home and had placed me in his car then stood outside his car talking on his cell, totally oblivious to my efforts to signal to him to open my door. I even called 911, as the air was so stifling, I could hardly breathe. (The temperature was in the 90s that day). The fifteen minutes I spent in that back seat, virtually asphixiating and without air, were possibly the most anxiety-ridden in years. I wouldn't wish a similar experience on anybody. What was this officer thinking? Someone with a heart condition could have had a heart attack. Then what? Clearly, the department needs to raise its consciousness in this regard. I can't fathom what those boys locked in the cold in a van for 14 hrs had to go through.

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Keeping it Real

11:56 pm on Wednesday, March 20, 2013

Seriously Arya? The police are not your taxi, and that is the first issue. In fact, the real issue.
I would like to see an investigation why the police drove you home in the first place.

Second, since you took more than three sentences to write what you just explained, I think you are nutz. Seriously. Of course the doors lock where criminals are supposed to be and not people using a police car for a taxi, but more importantly the reason they left you back there was obviously intentionaly, which is something you brought on yourself.

Complain to an authority which makes a difference rather than to PATCH. Cause, here no one cares, we just like to b.s.

Rona

7:32 pm on Wednesday, March 20, 2013

I'd like to know why the parents who are also plaintiffs couldn't find anything out about their kids. If my kids were missing and not answering a phone, I think I'd call the police. At that point how easy would it have been to have found them. I think the parents were just as negligent as the police.

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Anna

12:33 pm on Friday, March 22, 2013

Rona maybe they did call, and maybe the officer on duty at the desk told them that their kids weren't there.

Baba O'Riley

11:50 am on Thursday, March 21, 2013

Another black eye for the taxpayers and residents of Fort Lee! Obviously the FLPD messed-up big time and of course where were the parents of these children! Does anyone know the names of the offending officers and their punishment? I would be grateful.

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carol simon

1:49 pm on Thursday, March 21, 2013

This incident is very difficult to revisit.
This mistake is terrible and thank God there were no fatalities.
However, to demonize the Fort Lee Police in total, again, would be disheartening.
I have reached out to the Fort Lee Police when in need and have found tremendous support and competence. It must have taken time to regroup and regain the self esteem of the entire force, post trauma, kids in the van debacle. I believe the community should respect the We are an attack and blame society.The community reject the poor handling of this incident but respect the police as a whole.

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John

12:33 pm on Friday, March 22, 2013

Everyone loves to hate the police. Whenever something goes wrong, out come the jerkoffs. How about giving credit where credit is due. The Fort Lee police handle about 65,000 calls a year, and out of those 65,000 calls it seems like only the calls where something went wrong make the news "Which is not very often".

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William Mays

2:04 pm on Monday, March 25, 2013

Well we mainly dislike them because they get paid 100k a year to pull crap like this.

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