Jackson, Jan 13, 2021 (Issuewire.com) - A federal civil rights suit filed by a former NYPD sergeant demands $10 billion in compensation.
John Marchisotto says New Jersey law enforcement and court officials retaliated against him by confiscating his firearms through unwarranted temporary confiscation orders.
Marchisotto says that the defendants intentionally violated his First, Second, Fourth, Sixth, and 14th Amendments. M ARCHISOTTO v. MALIK et al (3:20-cv-20426) names 33 defendants including Middlesex County, the State of New Jersey, New Jersey State Police, and Middlesex County Sheriff's Office.
The complaint filed in the US District Court in New Jersey says in part, "Middlesex County Sheriff's Police Officers.
According to MARCHISOTTO:
"New Jersey State Police along with dozens of heavily armed police personnel, entered my home displaying their high-powered military-style long guns drawn, terrorizing my family.
They came to my home to execute a false TERPO petition to seize my licensed firearms. However, their basis of the TERPO search warrant was a complete sham to punish me for the FederalLawsuit I filed against the State of New Jersey, Middlesex County, the judicial and non-judicial defendants.
They knew I was a retired NYPD police sergeant and out of retaliation, they came after my guns."
The plaintiff says the execution of the "false TERPO petition" was because of various lawsuits he filed against the State of New Jersey, Middlesex County, the judicial and non-judicial defendants.
New Jersey passed the Temporary Extreme Risk Protection Order Act (TERPO), commonly referred to as "Red Flag laws" in 2018.
The confiscation order was obtained after Judge Alberto Rivas, who Marchisotto accuses of being a serial woman abuser alleged that the plaintiff threatened him with a gun in the courthouse.
The accused judge filed an alleged False Judicial Incident report related to a lawsuit filed against him (MARCHISOTTO v. RIVAS et al (3:19-cv-21440)). Detective Mudduser Malik alongside other officers conducted an "unlawful and retaliatory investigation" to allegedly harass the plaintiff.
Judge Guy P Ryan signed a "false and retaliatory TERPO petition" to search the plaintiff's home, intimidate him, and interfere with the federal lawsuit, according to the claim.
"In the first place, getting a gun into a courthouse is very difficult, unless you are an officer of the court. As a retired police officer, I have more sense than to take a gun into a courthouse. I'd certainly never threaten anyone!"
"The judge filed a complaint and 100's of police officers swarmed my home, terrifying my wife and minor children."
Marchisotto also said:
"A judge who can file a false serious gun threat upon himself without any repercussion is a crime upon the people of the State of New Jersey"
"A judge who can break the Law and can commit felonies without any consequences is a harmful danger to our community."
The former NYPD sergeant says although his demands appear excessive, the lawsuit is not about money but sending a message to the "New Jersey Courts run by clown judges, who believe they are above the law."
The complaint adds that the plaintiff is ready to donate every penny to charity.
Surprisingly, a confiscation order was requested but no actual criminal charge was pursued. This is because charging Marchisotto with a felony would have required due process and proving the allegation in a court beyond reasonable doubt.
The accuser would also be held liable for filing a false report if an actual investigation determined that he deliberately lied.
However, by requesting a TERPO, the accuser could deliberately file a false report and face no consequences. Additionally, the order would still be executed without due process.
Consequently, extreme risk protection orders are a convenient method of exploiting the justice system to settle a personal vendetta or intimidate others.
For more information or to receive a copy of this and Mr. Marchisotto other court filings and cases, contact him at 732-526-7732.
John F. Marchisotto
Source :NJ Courts, Middlesex County Courthouse
This article was originally published by IssueWire. Read the original article here.