By Anthony G. Attrino
nj.com
WESTFIELD, N.J. — Two officers with the Westfield Police Department have sued the town, claiming they were retaliated against after they reported a fellow police officer for ticketing a Black driver while letting a white one go without a summons.
Sgt. Preston Freeman, 49, and Lt. Nicole Stivale, 42, had accused Officer Christopher Forcenito of “racially influenced profiling” after two motor vehicle stops that occurred during the overnight shift on Jan. 29, 2021, according to a lawsuit filed last month in Superior Court of Union County.
The lawsuit, first reported by TAPinto Westfield, states Forcenito pulled over a young Black man driving on East Broad Street shortly after midnight for speeding and failure to keep right. He issued the man a summons for driving with an expired license, the suit states.
About 1:30 a.m. the same morning, Forcenito stopped a white man driving 65 mph in a 25 mph zone and let him go with just a verbal warning, states the suit.
Forcenito allegedly told Freeman and Stivale he did not issue a speeding ticket to the white man because the driver was “a nice guy,” the lawsuit states.
Stivale, a supervisor, ordered Forcenito to draft a report detailing why he chose not to issue a “summons for such an egregious traffic violation.” The suit states Forcenito refused to write the report.
Stivale and Freeman then filed two supervisory complaints against Forcenito for insubordination and racially influenced profiling, the suit states.
Less than two weeks later, on Feb. 12, 2021, Stivale was notified that she was the target of an internal affairs investigation in the Forcenito matter, the suit states.
Within a year, Freeman and Stivale were each charged with 10 violations of departmental rules, regulations and policies. Both were suspended from their jobs without pay for 45 days, the suit states.
In a statement Wednesday, the town defended the police department against Stivale and Freeman.
“The officers who filed the complaint are both currently facing internal disciplinary action as a result of an Internal Affairs investigation,” a town spokeswoman said in an email to NJ Advance Media.
“The town is thoroughly reviewing the lawsuit and will vigorously defend its interests, as necessary,” the statement said.
Westfield Police Chief Christopher Battiloro did not immediately respond Wednesday to calls and an email seeking comment about allegations in the lawsuit. Forcenito could not be reached at a phone number listed in his name.
Freeman, who was hired in 2000, is the first Black officer to reach the rank of sergeant in the history of the police Westfield Police Department. Stivale is the highest-ranking woman in the history of the department, states the suit.
The lawsuit states the police department never investigated Forcenito over the 2021 traffic stops. Since the incident, both Stivale and Freeman have made complaints about the alleged discriminatory behavior of other police officers in Westfield, the suit states.
Freeman and Stivale have since been subjected to retaliation by their supervisors, the lawsuit alleges.
In November 2020, Stivale had been told she would be the department’s accreditation manager. But after January 2021, Stivale was told she was no longer a candidate and the department hired a white man for the role, the suit states.
In May 2021, Stivale was written up and ordered to undergo retraining on departmental policy on how to take juveniles into custody, the suit states.
The lawsuit accuses the township and police department of violating New Jersey’s Conscientious Employee Protection Act by retaliating against the officers for making legally protected complaints about other officers.
The suit also alleges violations of New Jersey’s Law Against Discrimination, including racial discrimination, and a hostile work environment.
Stivale alleges gender discrimination, saying she was “paid significantly less than her male co-workers” despite having similar responsibilities.
The suit seeks pay for lost wages, along with compensatory and punitive damages.
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