By Matthew Sockol
Staff Writer
FREEHOLD TOWNSHIP – A settlement has been reached between Freehold Township officials and a Neptune Township resident in a legal case that centered on a township police officer’s alleged behavior.
At its meeting on June 28, the Township Committee passed a resolution that authorized an $80,000 settlement between Freehold Township and Mateek Pugh of Neptune Township.
According to municipal officials, the settlement will be paid by the Garden State Municipal Joint Insurance Fund, which represents Freehold Township.
Pugh, who is black, filed legal action against the municipality concerning his arrest in Freehold Township on June 12, 2012. A complaint was submitted by attorney Kevin Daniels, who represents Pugh, on June 11, 2014, which alleged Pugh’s arrest was racially motivated.
According to the complaint, Pugh was struck in the right arm by the driver’s side mirror of a vehicle as he walked on a township street. Police officers responded to the scene. The complaint alleges that Officer Jack Mandala subsequently used Pugh’s skin color and race as evidence of some type of criminality.
As asserted in the complaint, Pugh was not fleeing the scene, engaging in illegal activity or posing a threat to the safety of police officers. The complaint asserts that Mandala had no reasonable or well-grounded suspicion that Pugh was connected to any sort of illegal activity.
Mandala arrested Pugh after handcuffing him and finding a television remote control in his jacket pocket, according to the complaint. The complaint alleges that Mandala accused Pugh of committing burglaries in the area.
The officer transported Pugh to police headquarters and prepared an incident report which the complaint alleges was false. Pugh was charged with criminal mischief, resisting arrest and aggravated assault on a police officer in the fourth degree. According to the complaint, he was placed in the Monmouth County jail until he posted $3,500 bail.
Pugh’s complaint was filed against Mandala for his alleged unlawful conduct; against Freehold Township police for allegedly providing little or no in-service training about racial profiling to officers; and against 10 unidentified non-supervisory and supervisory officers for the supervisory officers’ alleged failure to properly supervise Mandala and the non-supervisory officers’ alleged indifference to Pugh’s constitutional rights.
Mandala, the municipality and the police department, as alleged in the complaint, violated Pugh’s rights guaranteed by the fourth amendment (prohibits unreasonable searches and seizures) and the 14th amendment (equal protection under the law) to the U.S. Constitution.
Pugh sought $1 million from Mandala, $1 million from Freehold Township and the police department, and $1 million from the 10 unidentified officers.
The $80,000 settlement between Pugh and the township was reached in June. As part of the settlement, the township and the other defendants have not admitted to any liability and all parties involved have not admitted to any wrongdoing or to any violations of any federal or state laws or statutes or ordinances, regulations or policy procedures.
When Daniels was asked if the charges against Pugh were dismissed, his office said he could not speak on the issue.
After the settlement was authorized by the governing body, Richard Pelaia, who is a Democratic candidate for a seat on the committee, asked if the township would be paying any of the settlement costs.
Township Administrator Peter Valesi said the settlement costs would be paid by the township’s insurance company.