Brian Walden Jr. filed the lawsuit in 2013 over alleged civil rights violations stemming from a Dec. 17, 2011 encounter with Voorhees officers.
VOORHEES TWP. -- Portions of a lawsuit filed following a 2011 motor vehicle stop conducted by township police can be considered by a jury, a federal judge ruled Tuesday.
Brian Walden Jr. filed the lawsuit in 2013 over alleged civil rights violations stemming from a Dec. 17, 2011 encounter with Voorhees officers, where Walden was allegedly strip searched on the side of the road and punched in the face multiple times.
U.S. District Judge Joseph Rodriguez decided to discount certain portions of Walden's lawsuit, but that it could proceed.
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"Indeed, the record does not depict the sort of tense, uncertain events that [the defendants] contend transpired. [Walden] complied with every request made. Accordingly, a reasonable fact-finder could conclude that [the defendants] used excessive force against [Walden] thereby violating his Fourth Amendment rights," Rodriguez's opinion read.
During the stop, Walden contends that Voorhees officers Anthony Del Palazzo, Kevin Macauley, who was in field training at the time, and Thomas Macauley, Kevin Macauley's brother, were involved in searches of his vehicle under threat of calling out drug-detecting police K-9s, strip-searches at the station and other violations of his rights.
According to the lawsuit, Walden had just dropped off his sister at an apartment near the Echelon Mall before being stopped and told that his license plate bulb was not on. Del Palazzo allegedly detected the odor of burnt marijuana, saw a blunt wrapper on the front passenger's side seat and was alarmed by Walden's behavior.
The officers ordered Walden to exit his vehicle and suspected he was hiding something or that he was armed. He also reportedly took a combative stance and fidgeted away as officers searched near his waistband.
No drugs were ever found in Walden's vehicle or during a second strip search at the police department. According to the lawsuit, charges of resisting arrest and obstruction had been filed and later dropped.
Greg Adomaitis may be reached at gadomaitis@njadvancemedia.com. Follow him on Twitter @GregAdomaitis. Find the South Jersey Times on Facebook.
