Case 3:18-cv-05269-ZNQ-LHG Document 18 Filed 01/16/19 Page 1 of 12 PageID: 103

Kira S. Dabby, Esq. (KD0902)

ARCHER & GREINER PC
Riverview Plaza
10 Route 35, Second Floor
(732) 268-8000
(732) 345-8420 fax
kdabby@archerlaw.com
Attorneys for
Detective Richard Fulham

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

GARY L. O’NEAL and GARY J.

O’NEAL,
Civil Action No.: 3:18-cv-
Plaintiffs, 05269 (BRM)(LHG)

v.
DEFENDANT’S ANSWER, SEPARATE
MIDDLETOWN TOWNSHIP; DEFENSES AND JURY DEMAND
MIDDLETOWN TOWNSHIP POLICE
DEPARTMENT; DETECTIVE RICHARD
FULHAM; POLICE CHIEF CRAIG
WEBER; JOHN DOES #1-3; and
JOHN DOES #4-10,

Defendants.

Defendant Police Officer Richard Fulham (improperly pleaded

as Detective Richard Fulham) respectfully submits this Answer to

the Complaint filed by Gary L. O’Neal and Gary J. O’Neal

(“Plaintiffs”).1

1 The Township of Middletown, Middletown Township Police

Department, and Police Chief R. Craig Weber (improperly pleaded
Police Chief Craig Weber) have been dismissed from this lawsuit.
(ECF No. 15.)
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JURISDICTION AND VENUE

1. Defendant admits that at this point the Court appears

to have jurisdiction over Plaintiffs’ claims.

2. Defendant admits that venue in the District of New

Jersey appears proper at this time.

PARTIES

3. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

4. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

5. The allegations in this paragraph relate solely to a

party that has been dismissed from this lawsuit; therefore, no

response is required.

6. Admitted that Defendant Richard Fulham was a police

officer, employed by the Township of Middletown, who was working

as a detective on a temporary basis in June 2016. The remaining

allegations in this paragraph constitute conclusions of law to

which no response is required. Any and all remaining

allegations in this paragraph are denied.

7. The allegations in this paragraph relate solely to a

party that has been dismissed from this lawsuit; therefore, no

response is required.

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8. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

9. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

FACTS

10. Admitted that on June 17, 2016, Plaintiff Gary L.

O’Neal and Plaintiff Gary J. O’Neal were present at 29 Ideal

Avenue, Middletown, New Jersey. Defendant lacks sufficient

information with respect to the remainder of the allegations in

this paragraph to admit or deny, and, therefore, they are

denied.

11. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

12. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

13. Admitted that the door of a room within 29 Ideal

Avenue, Middletown, New Jersey, was locked at the time Defendant

Fulham executed a search warrant at that location on June 17,

2016. Defendant lacks sufficient information with respect to

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the remaining allegations in this paragraph to admit or deny,

and, therefore, they are denied.

14. Admitted.

15. Denied.

16. Admitted.

17. Admitted that at the time the search warrant was

executed, Adam O’Neal was not present at 29 Ideal Avenue,

Middletown, New Jersey. Defendant lacks sufficient information

with respect to the remaining allegations in this paragraph to

admit or deny, and, therefore, they are denied.

18. Admitted that police officers forcibly entered 29

Ideal Avenue, Middletown, New Jersey on June 17, 2016, in

connection with a lawful search warrant. Defendant lacks

sufficient information with respect to the remaining allegations

in this paragraph to admit or deny, and, therefore, they are

denied.

19. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

20. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

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21. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

22. Defendant admits that all CDS, paraphernalia and

monetary evidence found was located in one room. Defendant

further admits that the odor of the CDS permeated the entire

house. Defendant lacks sufficient information with respect to

the remaining allegations in this paragraph to admit or deny,

and, therefore, they are denied.

23. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

24. Denied. Plaintiffs were not charged with violating

N.J.S.A. 2C:35-44, and Plaintiffs were not charged with four

counts of violating N.J.S.A. 2C:35-5b(3).

25. Denied.

26. Admitted that Plaintiffs were arrested and

incarcerated. Any and all remaining allegations in this

paragraph are denied.

27. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

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28. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

29. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

30. Admitted that Adam O’Neal was arrested on June 17,

2016. Any and all remaining allegations in this paragraph are

denied.

31. Admitted that Plaintiffs were incarcerated. Denied

that Adam O’Neal made the alleged admission. Further denied

that Defendant allowed Plaintiffs to remain incarcerated.

Defendant lacks sufficient information with respect to the

remaining allegations in this paragraph to admit or deny, and,

therefore, they are denied.

32. Defendant lacks sufficient information with respect to

the allegations in this paragraph to admit or deny, and,

therefore, they are denied.

CAUSES OF ACTION

COUNT I
42 U.S.C. §1983
FALSE ARREST AND FALSE IMPRISONMENT
DEFENDANT, RICHARD FULHAM

33. Defendant repeats the responses to the allegations of

the previous paragraphs as if set forth at length herein.

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34. Denied.

35. Denied.

COUNT II
42 U.S.C. §1983
MALICIOUS PROSECUTION
DEFENDANT, RICHARD FULHAM

36. Defendant repeats the responses to the allegations of

the previous paragraphs as if set forth at length herein.

37. Denied.

38. Denied.

39. Denied.

COUNT III
42 U.S.C. §1983
EXCESSIVE FORCE
DEFENDANTS, JOHN DOES #1-3

40. Count III relates to unnamed parties. To the extent a

response is required, these allegations are denied.

41. Count III relates to unnamed parties. To the extent a

response is required, these allegations are denied.

42. Count III relates to unnamed parties. To the extent a

response is required, these allegations are denied.

COUNT IV
42 U.S.C. §1983
UNLAWFUL POLICY OR CUSTOM
FAILURE TO TRAIN, SUPERVISE AND DISCIPLINE
MONELL CLAIM
DEFENDANT, MIDDLETOWN TOWNSHIP

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43. Count IV has been Dismissed. (ECF No. 15.)

44. Count IV has been Dismissed. (ECF No. 15.)

45. Count IV has been Dismissed. (ECF No. 15.)

46. Count IV has been Dismissed. (ECF No. 15.)

47. Count IV has been Dismissed. (ECF No. 15.)

48. Count IV has been Dismissed. (ECF No. 15.)

49. Count IV has been Dismissed. (ECF No. 15.)

COUNT V
42 U.S.C. §1983
FAILURE TO TRAIN, SUPERVISE AND CORRECT
UNCONSTITUTIONAL PRACTICES
SUPERVISORY LIABILITY
DEFENDANTS, POLICE CHIEF CRAIG WEBER AND JOHN DOES #4-10

50. Count V has been Dismissed. (ECF No. 15.)

51. Count V has been Dismissed. (ECF No. 15.)

52. Count V has been Dismissed. (ECF No. 15.)

53. Count V has been Dismissed. (ECF No. 15.)

54. Count V has been Dismissed. (ECF No. 15.)

55. Count V has been Dismissed. (ECF No. 15.)

56. Count V has been Dismissed. (ECF No. 15.)

57. Count V has been Dismissed. ECF No. 15.

58. Count V has been Dismissed. ECF No. 15.

COUNT VI
VIOLATION OF NEW JERSEY STATE CONSTITUTION
AND/OR NEW JERSEY CIVIL RIGHTS ACT

59. Defendant repeats the responses to the allegations of

the previous paragraphs as if set forth at length herein.

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60. Admitted.

61. Denied.

62. Denied.

RELIEF

WHEREFORE, Defendant respectfully seeks judgment as

follows:

A. That Plaintiffs take nothing by virtue of the

Complaint;

B. That Plaintiffs’ claims are dismissed with prejudice;

C. That Defendant be awarded the costs of defending this

action, including reasonable attorneys’ fees, costs and

disbursements; and

D. For such other and further relief as this Court may

deem just and proper.

SEPARATE DEFENSES

1. The Complaint fails, in whole or in part, to state a claim

upon which relief can be granted.

2. While denying any fault with respect to the Complaint,

Defendant states that insofar as fault on his part may be

found, such fault did not proximately cause any damages

allegedly sustained by Plaintiff.

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3. Plaintiffs’ claims are barred because Defendant enjoys

qualified immunity under the New Jersey State and United

States Constitutions.

4. Plaintiffs’ claims are barred because Defendant is entitled

to absolute immunity.

5. Plaintiffs’ claims are barred because Defendant did not act

with malice.

6. Plaintiffs’ claims are barred because there existed

probable cause for the arrest, detention and prosecution of

Plaintiffs.

7. Any injury occurring to Plaintiffs was the direct and

proximate result of Plaintiffs’ own conduct.

8. Plaintiffs’ claims are barred because Plaintiffs failed to

give proper notice of the claim under the New Jersey Tort

Claims Act, N.J.S.A. 59:8-1, et seq.

9. Any recovery to which Plaintiffs may be entitled against

Defendant is barred by and/or is subject to the limitations

and reductions on damages set forth in N.J.S.A. 59:9-2.

RESERVATION TO AMEND

Defendant places Plaintiffs on notice that he does not

waive any other defense which may become available from now

through trial and may amend his defenses, include additional

defenses in response to interrogatories and deposition

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testimony, and may incorporate other defenses that become

available from now to the date of trial.

DESIGNATION OF TRIAL COUNSEL

Kira S. Dabby, Esq., is hereby designated trial counsel in

this matter.

JURY DEMAND

Defendant demands a trial by jury on all issues arising in

this action.

Date: January 16, 2019

s/ Kira S. Dabby

Kira S. Dabby, Esq. (KD0902)

ARCHER & GREINER, P.C.
Riverview Plaza
10 State Route 35
Red Bank, New Jersey 07701
732.268.8000 (phone)
732.345.8420 (fax)
Kdabby@archerlaw.com
Attorneys for Police Officer
Richard Fulham

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CERTIFICATION PURSUANT TO L.CIV.R.11.2

I, Kira S. Dabby, Esq., hereby certify as follows:

1. To the best of my knowledge, this matter is not the

subject of any other action pending in any court or of any

pending arbitration proceeding.

2. To the best of my knowledge, no other action or

arbitration proceeding is contemplated.

3. To the best of my knowledge, there are no other

parties who should be joined in this litigation at this time.

4. I certify that the foregoing statements made by me are

true. I am aware that if any of the foregoing statements made

by me are willfully false, I am subject to punishment.

s/ Kira S. Dabby

Kira S. Dabby, Esq.

(KD0902)
ARCHER & GREINER, P.C.
Riverview Plaza
10 State Route 35
Red Bank, New Jersey
07701
732.268.8000 (phone)
732.345.8420 (fax)
Kdabby@archerlaw.com
.
Dated: January 16, 2019

214381261v2

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Kira S. Dabby, Esq. (KD0902)

ARCHER & GREINER PC
Riverview Plaza
10 Route 35, Second Floor
(732) 268-8000
(732) 345-8420 fax
kdabby@archerlaw.com
Attorneys for
Detective Richard Fulham

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

GARY L. O’NEAL and GARY J.

O’NEAL,
Civil Action No.: 3:18-cv-
Plaintiffs, 05269 (BRM)(LHG)

v.

MIDDLETOWN TOWNSHIP;
MIDDLETOWN TOWNSHIP POLICE
DEPARTMENT; DETECTIVE RICHARD
FULHAM; POLICE CHIEF CRAIG
WEBER; JOHN DOES #1-3; and
JOHN DOES #4-10,

Defendants.

_______________________________________________________________

CERTIFICATE OF SERVICE
_______________________________________________________________

I hereby certify that on this 16th day of January, 2019, I

caused Defendant Police Officer Richard Fulham’s (improperly

pleaded as Detective Richard Fulham) Answer with Separate

Defenses and Jury Demand and this Certificate of Service to be

Case 3:18-cv-05269-ZNQ-LHG Document 18-1 Filed 01/16/19 Page 2 of 2 PageID: 116

electronically filed with the Court and served on all counsel of

record via CM/ECF.

s/ Kira S. Dabby

Kira S. Dabby, Esq.

(KD0902)
ARCHER & GREINER, P.C.
Riverview Plaza
10 State Route 35
Red Bank, New Jersey
07701
732.268.8000 (phone)
732.345.8420 (fax)
Kdabby@archerlaw.com
.

215819802v1