Attorneys for Teen Allege Police Went on Food Run with Kids Locked in Van

Jeffrey R. Youngman and Frederick E. Gerson, attorneys for Liam Eisenberg, allege that two Fort Lee police officers took the van to get takeout at Wendy's and another food establishment, possibly a diner, while their client and four other teenagers were locked inside.

"Our client claims that at about 1 a.m., two Fort Lee police officers came out of headquarters, got into the van and drove to Wendy's, and to possibly a diner, to get take out food," Youngman told Patch.

"They arrived back at headquarters at approximately 1:35 a.m. with the food."

Youngman and Gerson said that the officers going on the food run "ignored" the calls of the teens locked inside a cage in the back of the van.  

"The boys were trying to communicate with the two officers," Youngman said. "But those officers did not communicate back to them."

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

Adam Kim, one of the five minors locked in the van along with Eisenberg, filed a civil suit against the borough, the police department and several police officers in January.

Eisenberg's 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.

Eisenberg was 17 years old on March 26, 2011, when he and four other teenagers were left in the van for more approximately 15 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. 

According to Youngman, Eisenberg's parents were not phoned until approximately 3 p.m. the following day, after being locked in the van for 15 hours. He reported that a police officer made the call to Eisenberg's mother, Nancy Dougherty.

Youngman alleged that upon arriving to pick up her son, Dougherty was immediately asked by a police officer to sign a form attesting that Eisenberg had not been injured or harmed in any way. Youngman said that Dougherty refused to sign the form.

Police Chief Keith Bendul said that due to pending litigation, he could not comment on these allegations.

Youngman and Gerson are partners in the law firm Feitlin, Youngman, Karas & Gerson in Fair Lawn.