HIGHTSTOWN: Councilman sues; claims constitutional injustice

By Christina Whittington, Special Writer
   HIGHSTOWN — Councilman Robert Thibault is suing the borough.
   ”This lawsuit is not because of the traffic stop. It’s because my constitutional rights were violated,” Councilman Thibault told the Herald on Tuesday.
   The suit was filed this summer with the Superior Court of New Jersey in Mercer County.
   As previously reported by the Herald, the New Jersey Superior Court Appellate Division ruled on May 31 in the councilman’s favor — and against Hightstown, the Hightstown Police Department and Detective Miller, in their joint appeal of the 2011 ruling of Mercer County Superior Court Judge Darlene Pereksta to allow Mr. Thibault to file a late lawsuit stemming from two traffic violations issued to Councilman Thibault in 2010.
   Councilman Thibault’s suit names the borough, Hightstown Police Department and Detective Benjamin Miller as defendants and alleges that his constitutional rights were violated by a traffic stop on Aug. 6, 2010, at which time Councilman Thibault was campaigning for borough mayor.
   While he lost his bid for mayor against Steven Kirson in 2010, Mr. Thibault won a seat on council last November.
   Gregory Sullivan, the PBA attorney representing the Police Department, did not respond as of press time for comment on Thursday.
   Councilman Thibault’s lawsuit reads, “The actions of defendants were in violation of plaintiff’s rights including his civil rights under New Jersey Constitution and Federal Constitution (First and Fourteenth amendments), State Law NJSA 10:6-1 et seq. and Federal Law (42 USC 1983 and 1985).”
   In the suit, Mr. Thibault alleges his rights were first violated on Aug. 5 when Detective Miller performed an inquiry into driving history.
   At that time part of Mr. Thibault’s platform for mayor was police consolidation with East Windsor, as concurrently, a two-year independent study by Patriot Consulting had found that the borough could save $802,000 annually by outsourcing to the township.
   Councilman Thibault has repeatedly told the Herald the traffic stop was “politically motivated.”
   As previously reported by the Herald, on Aug 6, 2010, Councilman Thibault was issued two summons by Detective Miller, one for driving with a suspended license and for failure to surrender a suspended license.
   However, Councilman Thibault stated to the Herald on Tuesday that North Carolina expunged his driving record within 10 days of realizing the suspended license citations were clerical errors. New Jersey did the same thing, removing the citations from his driving record as clerical errors.
   In 2010, Councilman Thibault lodged a complaint with the police department and the Mercer County Prosecutor’s Office, which in turn completed internal investigations.
   Councilman Thibault was granted his motion in municipal court for the internal investigation findings to be released to him. The report was made available to Councilman Thibault on June 29, 2011. A motion dated Aug. 4, 2011, followed, seeking leave to file a late notice for suit.
   In December 2011, a municipal judge in West Windsor, who presided over the case to avoid any possible conflict of interest with Hightstown, dismissed Detective Miller’s charges against Mr. Thibault as “unlawful.” Judge Brennan ruled that Det. Miller’s search of Mr. Thibault’s driving records was without probable cause and stated the Aug. 6, 2010, traffic stop not only politically motivated but also in violation of Mr. Thibault’s civil rights.
   According to the suit, which is dated August 20, Mr. Thibault is suing for humiliation, pain and suffering, harm to reputation, loss of self-esteem and attorney fees, as well as other relief to be determined by the court.
   ”There has been no consequences for violating the Constitution. The only recourse we have is a lawsuit,” Mr. Thibault said, “a message has to go out. This is not a police state. There are consequences for violating the Constitution.”
   Borough Administrator Michael Theokas told the Herald on Wednesday that, “as of this time I do not have a comment.”
   Police Director James LeTellier referred questions to borough attorney, Fred Rafetto. Mr. Rafetto could not be reached for comment despite multiple calls.
   Also, Hightstown Mayor Steven Kirson did not return phone calls to the Herald on this matter as of press time.