By Richard Cowen
The Record (Bergen County, NJ)
CLIFTON, N.J. — A Clifton police officer who claimed he was punished for blowing the whistle on some of his fellow cops was awarded nearly $1 million in damages on Monday.
A nine-member jury found that Clifton police retaliated against Patrolman Joseph Napoleone, 38, after he spoke out against several colleagues whom he accused of wrongdoing. The jury accepted Napoleone’s claim that he became the target of an internal affairs investigation that ultimately cost him a promotion to sergeant.
A Passaic County jury awarded Napoleone $956,011: $358,722 for lost wages he was projected to have earned had he made sergeant, $550,000 for pain and suffering and $47,289 in back pay he lost while he was suspended.
And the award could increase.
Napoleone, an officer since 1995, has filed a motion to collect punitive damages against the city as well. Superior Court Judge Ralph DeLuccia is scheduled to hear oral arguments on that issue today. Before allowing the jury to go home Monday, he warned them they might be called back to decide “another issue” in the case.
Upon hearing the verdict, Napoleone lowered his head and wept, then hugged his attorney, Charles J. Sciarra. Napoleone then turned to his family seated in the courtroom and hugged them as well.
Napoleone would not comment following the verdict, but let his attorney do the talking.
“We’re humbled” by the verdict, Schiarra said. “We’re also elated. The jury obviously felt there was no ambiguity as to what occurred. Joe Napoleone is a great cop.”
The attorney representing the city, Dennis Calo, said he would appeal the verdict.
The trial lasted eight weeks. It took the jury less than four hours to reach a verdict.
Seated in the courtroom as the verdict was read was Clifton Police Chief Robert Ferreri, who showed no emotion. Ferreri was originally named as a defendant in the case, but the judge severed him from any personal liability.
In his suit, Napoleone claimed he was made to suffer the consequences after making numerous allegations of wrongdoing within the Clifton Police Department. His claims were referred to the county prosecutor but charges were never brought.
Napoleone alleged that several colleagues had stolen supplies during the 9/11 recovery effort at the World Trade Center. He also claimed that a since-retired lieutenant was moonlighting as an attorney on city time.
Napoleone asserted that, in retaliation, he became the subject of the internal affairs probe, which got him suspended for a time and ultimately cost him a promotion to sergeant.
DeLuccia is to hear oral arguments this morning on what evidence can be admitted should the jury be summoned to consider punitive damages. Napoleone believes he’s eligible for punitive damages because the police brass had a vendetta against him.
But Calo, representing the city, said there was no vendetta, and argued that the internal affairs probe was standard procedure that helped the Police Department maintain good discipline and accountability.
Fast facts
The jury voted, 7-2, that there was a “preponderance of evidence” that Clifton retaliated against Police Officer Joseph Napoleone after he made allegations against the Police Department. He alleged that some officers stole relief supplies meant for the World Trade Center recovery effort, and that a since-retired police officer moonlighted as an attorney on city time.
Copyright 2008 The Record (Bergen County, NJ)