no comment.
WAL Bernard Sullivan, the township police captain who was arrested
in January for driving while intoxicated and later found not guilty,
filed a notice of claim for $5 million in damages Monday, according
to public records.
The claim was filed against the township, the township Police
Department, the Township Committee and arresting officers Patrolman
J. Todd Verrecchia and Sgt. Frank Lancellotti.
Sullivan's claims include false arrest, false imprisonment,
rescission of appointment to chief of police and defamation of
character, according to the notice.
Township Attorney Roger McLaughlin said that under state law Sullivan
now must wait a minimum of six months before filing suit and has a
maximum of two years to file.
The claim will go to the township's insurance company, the Monmouth-
Ocean Joint Insurance Fund, which is represented by Somers Point-
based Scibal Associates, McLaughlin said.
However Sullivan's attorney, Bruce McMoran with the Manasquan-based
law firm McMoran, O'Connor and Bramley, said they do not have to wait
the six months before filing suit.
"They have a chance to settle and if it doesn't settle we'll file
suit,'' McMoran said.
McMoran said Sullivan has one year from the time of defamation to
file the defamation of character suit and two years from the time of
the event to file the other claims.
The notice lists the defamation of character as "beginning January
27, 2007 and continuing to date.''
On January 24, Sullivan has been named by the Township Committee to
replace retiring police chief Roy Hall. In the early morning hours of
Jan. 27, he was arrested for driving while intoxicated after being
pulled over by Verrecchia on Belmar
Boulevard.
The Township Committee rescinded the resolution naming Sullivan the
next chief on Jan. 30, and Captain David Morris was chosen to fill
the position in early February.
Red Bank Municipal Court Judge William Himelman found Sullivan not
guilty May 14. Himelman said Sullivan's attorney for the trial, James
Fagen of Freehold, had created sufficient reasonable doubt as to
whether or not Sullivan was drunk at the
time of the arrest.
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