Atlantic City Police Officer Awarded $40,000 In Whistleblower Case

ATLANTIC CITY– A jury granted an city law enforcement officer with a history of excessive-force claims versus him $40,000 in February in his whistleblower claim about his 2012 report of another officer’s use of extreme force.

The Police Department decreased to comment, mentioning continuous litigation. City agents did not return ask for remark.

Sgt. Frank Timek submitted his problem in December 2012 declaring the city had actually broken the state’s Conscientious Employee Protection Act and his termination from the K-9 system was an unfavorable work action. He submitted a modified grievance after the city disciplined him with a 90-day suspension in February 2015.

The choice vindicates his claims, Timek’s lawyer Louis Barbone stated.

The jury granted Timek $24,000 in lost earnings for his 90-day suspension with an extra $16,000 for psychological distress.

Timek’s lawyer has actually submitted an ask for injunctive relief concerning his appeal of his suspension.

His 2016 overall wage was $125,009, inning accordance with a Press database.

Timek was promoted to sergeant in May 2012, which required him from the K-9 system. He likewise was at the center of a variety of excessive-force claims throughout his time with the system.

Inning accordance with Press archives, Timek had 52 accusations of extreme force versus him in 11 years. No personality is noted for 2 of those cases; 49 were exonerated or not sustained. A charge f “unsworn falsification to authorities” March 20, 2006, was sustained, inning accordance with Press archives.

In his claim, Timek stated he was gotten rid of from the K-9 system after he reported exactly what he thought was unlawful conduct by Sgt. Mark Benjamin at an occurrence at Proud Mary’s Sports Bar in March 2012.

In 2015, he was suspended as the outcome of an occurrence at the Tropicana in May 2013. Throughout that event, Timek was getting rid of an inebriated customer who had actually been tossed out of a casino bar for combating. The 2 remained in an elevator with another officer. Inning accordance with court files, Timek struck the male as soon as with an open hand.

In his use-of-force report, Timek stated the male had actually gotten his genital areas, requiring him to strike him to restore control.

The city’s Internal Affairs examination advised charges versus Timek, and he was discovered not guilty by an independent hearing officer. The city’s business administrator reversed the choice and enforced a 90-day suspension, inning accordance with court files. Timek interested the state Civil Service Commission, which moved his case for a path before the Office of Administrative Law.

Timek’s lawyer Barbone likewise submitted a movement for $4,405 in litigation expenses, $139,400 in lawyer charges and civil fines of $10,000 and $20,000 versus the city. A hearing on the matter is set for April 13.