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THOMAS J. MALLON, ESQ.

ROBERT FULLERTON UNITED STATES DISTRICT COURT

Plaintiffs

vs. Civil Action No.: ( - )

TINTON FALLS;
ADRIAN REYES
and JOHN DOES 1-5 (fictitious individuals), COMPLAINT
members of the Tinton Falls Police Department;
JOHN A. SCRIVANIC, Chief of Police;
JOHN DOES 6-10 (fictitious individuals),
Personnel of the City of Tinton Falls
Police Department in supervisory
capacities;

Defendants.

JURISDICTION

1. This action is brought pursuant to 42 U.S.C. Section 1983 and in accordance with the

Fourth and Fourteenth Amendments of the Constitution of the United States of America.

Jurisdiction is conferred under 28 U.S.C. Section 1331 and Section 1343(3). This Court has

supplemental jurisdiction over Plaintiff’s pendent state law claims pursuant to 28 U.S.C. Section

1367.

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PARTIES

2. Plaintiffs Robert and Bobbi Rene Fullerton, residing at 617 Green Grove Road,

Tinton Falls, NJ, 07712, are and were, at all times herein relevant, residents of the State of New

Jersey.

3. Defendants Adrian Reyes and/or John Does 1-5 were at all times mentioned herein

duly appointed and acting police officers of the Tinton Falls Police Department and at all times

herein were acting in such capacities as the agents, servants and/or employees of Tinton Falls and

were acting under the color of law.

4. Defendants Chief of Police John A. Scrivinac and/or John Does 6-10 were at all times

mentioned herein duly appointed and acting members of the Tinton Falls Police Department and

at all times herein were acting in such capacities as the agents, servants and/or employees of

Tinton Falls and were acting under the color of law.

5. Defendants Chief of Police John A. Scrivinac and/or John Does 6-10 were acting in

supervisory capacities over Defendants Reyes and/or John Does 1-5 and responsible by law for

the training, supervision and conduct of Defendants Reyes and/or John Does 1-5.

6. Defendant Tinton Falls is a duly designated municipality of the state of New Jersey,

under the laws of the state of New Jersey.

7. At all times relevant hereto, Defendants Tinton Falls employed the aforementioned

Defendants. As such, it was responsible for the training, supervision and conduct of Defendants

John A. Scrivinac, Adrian Reyes and/or John Does 1-10.

8. All Defendants are named in their individual and official capacities.

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FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

1. On October 8, 2017, Defendant Tinton Falls police officer Adrian Reyes and/or John

Does 1-5 were dispatched to Plaintiffs’ residence following a 911 call reporting that Plaintiffs

were arguing.

2. Plaintiffs (a father and daughter) had been arguing but the matter had been resolved by

the time that Defendants Reyes and/or John Does 1-5 arrived at the residence.

3. There was no physical assault or any type of threat of physical assault by or between

between Plaintiffs.

4. Before any officers arrived, Plaintiff Robert Fullerton received a call from his longtime

friend, Tinton Falls Police Lieutenant Kyle Pierson.

5. Lieutenant Pierson asked Plaintiff Robert Fullerton if everything was all right and

Plaintiff told him that he had been arguing with his daughter.

6. Upon information and belief, Lieutenant Pierson tried to notify the responding officers

that he had spoken with Plaintiff Robert Fullerton and had been advised that no assault had

occurred at the Fullerton residence.

7. Plaintiff Robert Fullerton heard a knock on the door.

8. Plaintiffs owned two dogs, German Shepherds named Sadie and Hannah.

9. Plaintiff Robert Fullerton opened the door and stepped outside.

10. Sadie brushed past him, walking onto the driveway and was immediately shot three

times by Defendants Reyes and/or John Does 1-5.

11. Defendants Reyes and/or John Does 1-5 then ordered Plaintiff Robert Fullerton at

gunpoint, with the gun pointed in his face, to get on the ground.

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12. Plaintiff Robert Fullerton was unarmed and complied with Defendant’s orders by

getting onto the ground.

13. Plaintiff Bobbi Rene Fullerton then followed Hannah outside, at which time Hannah

was immediately shot twice by Defendants Reyes and/or John Does 1-5, as Plaintiff Bobbi Rene

Fullerton stood next to the dog.

14. Defendants Reyes and/or John Does 1-5 then ordered Plaintiff Bobbi Rene Fullerton

at gunpoint to get on the ground, pointing his weapon in her face.

15. Sadie died as a result of the gunshot wounds and Hannah was taken to a veterinary

hospital.

16. Plaintiffs have incurred over $7,000 in veterinary expenses.

COUNT ONE
SECTION 1983 USE OF EXCESSIVE FORCE

1. The previous paragraphs are incorporated herein inclusively as if fully set forth.

2. Defendants Reyes and/or John Does 1-5 acting under color of state law used excessive

and unreasonable force on Plaintiffs’ persons by pointing a weapon at them and shooting their

dogs, depriving Plaintiffs of their right to be secure in their persons and effects against

unreasonable seizure, in violation of the Fourth and Fourteenth Amendments of the Constitution

of the United States and U.S.C. Section 1983.

3. As a direct and proximate cause of the Defendants’ excessive and unreasonable use of

force set forth above, Plaintiffs sustained emotional injuries, veterinary expenses and will incur

additional special damages in the future in an amount which cannot yet be determined.

4. By reason of the above, Plaintiffs were injured and were deprived of their constitutional

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rights as described above.

WHEREFORE, Plaintiffs Robert and Bobbi Rene Fullerton demand judgment against

Defendants Adrian Reyes and/or John Does 1-5 on this Count together with compensatory and

punitive damages, attorney’s fees, interest and costs of suit incurred, and for any such further

relief as the court deems proper and just.

COUNT TWO
SECTION 1983 ILLEGAL SEARCH / SEIZURE

1. The previous paragraphs are incorporated herein inclusively as if fully set forth.

2. The aforementioned acts of Defendants Reyes and/or John Does 1-5 committed under

color of state law in pointing a weapon at Plaintiffs and shooting their dogs were unjustified,

without probable cause, reasonable suspicion or any other exception to the warrant requirements

under the Fourth and Fourteenth Amendments of the Constitution of the United States.

3. The aforementioned acts of Defendants in pointing a weapon at Plaintiffs and shooting

their dogs were in violation of Plaintiffs’ right to be free from unreasonable search and seizure of

their persons and effects under the Fourth Amendment of the Constitution of the United States,

and the right to be free of the deprivation of liberty under the Fourteenth Amendment of the

Constitution of the Unites States, made actionable through 42 U.S.C. Section 1983.

4. By reason of the above Plaintiffs were deprived of their constitutional rights, sustained

emotional injuries, veterinary expenses and will incur additional special damages in the future in

an amount which cannot yet be determined.

WHEREFORE, Plaintiffs Robert and Bobbi Rene Fullerton demand judgment against

Defendants Adrian Reyes and/or John Does 1-5 on this Count together with compensatory and

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punitive damages, attorney’s fees, interest and costs of suit incurred, and for any such further

relief as the court deems proper and just.

COUNT THREE
SECTION 1983 FAILURE TO INTERVENE

1. The previous paragraphs are incorporated herein inclusively as if fully set forth.

2. Defendants Reyes and/or John Does 1-5 were Tinton Falls Police Officers and at all

times mentioned herein were acting under color of state law.

3. Defendants Reyes and/or John Does 1-5 had a duty to intervene in the unjustified use

of force on Plaintiffs and unreasonable seizure by Defendants Reyes and/or John Does 1-5.

4. The unjustified use of force on Plaintiffs and unreasonable seizure by Defendants Reyes

and/or John Does 1-5 deprived Plaintiffs of their right to be secure in their persons and effects

against unreasonable seizure in violation of the Fourth and Fourteenth Amendments of the

Constitution of the United States and made actionable through 42 U.S.C. Section 1983.

5. Defendants Reyes and/or John Does 1-5 had a reasonable opportunity to intervene in

the unjustified seizure and use of force on Plaintiffs by Defendants Reyes and/or John Does 1-10

and failed to intervene.

6. As a direct and proximate cause of the malicious and outrageous conduct of

Defendants as set forth above, Plaintiffs sustained emotional injuries, veterinary expenses and will

incur additional special damages in the future in an amount which cannot yet be determined.

WHEREFORE, Plaintiffs Robert and Bobbi Rene Fullerton demand judgment against

Defendants Adrian Reyes and/or John Does 1-5 on this Count together with compensatory and

punitive damages, attorney’s fees, interest and costs of suit incurred, and for any such further

relief as the court deems proper and just.

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COUNT FOUR
SECTION 1983 SUPERVISORY LIABILITY

1. The previous paragraphs are incorporated herein inclusively as if fully set forth.

2. Defendants Scrivinac and/or John Does 6-10 were supervisory officials and/or officers

in charge at the time Defendants Reyes and/or John Does 1-5 used excessive and unreasonable

force on Plaintiffs and deprived them of their right to be secure in their persons and effects against

unreasonable seizure.

3. Defendants Scrivinac and/or John Does 6-10 had a duty to prevent subordinate officers

Defendants Reyes and/or John Does 1-5 from violating the constitutional rights of citizens and/or

detainees.

4. Defendants Scrivinac and/or John Does 6-10 either directed Defendants Reyes and/or

John Does 1-5 to violate Plaintiffs’ constitutional rights or had knowledge of and acquiesced in

his/their subordinate’s violations.

5. As a direct and proximate result of the acts of Defendants Scrivinac and/or John Does

6-10 as set forth herein, Plaintiffs sustained emotional injuries, veterinary expenses and will

incur additional special damages in the future in an amount which cannot yet be determined in

connection with the deprivation of their constitutional rights guaranteed by the Fourth and

Fourteenth Amendments to the Constitution of the United States and protected by 42 U.S.C.

Section 1983.

WHEREFORE, Plaintiffs Robert and Bobbi Rene Fullerton demand judgment against

Defendants Scrivinac and/or John Does 6-10 on this Count together with compensatory and

punitive damages, attorney’s fees, interest and costs of suit incurred, and for any such further

relief as the court deems proper and just.

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COUNT FIVE
SECTION 1983 UNLAWFUL POLICY, CUSTOM, PRACTICE
INADEQUATE TRAINING

1. The previous paragraphs are incorporated herein inclusively as if fully set forth.

2. Defendants Tinton Falls, Tinton Falls Chief of Police John A. Scrivinac and/or John Does

6-10, are vested by state law with the authority to make policy on : (1) the use of force; internal

affairs investigations and/or administrative reviews pursuant to the Tinton Falls Police Department

policies, practices and/or customs and/or the New Jersey Attorney General’s Use of Force and/or

Internal Affairs Guidelines; (2) effectuating arrests; (3) police citizen encounters, and/or (4)

disciplining officers. Defendants Scrivinac and/or John Does 6- 10 are responsible for training

Defendant Tinton Falls’s police officers in the use of force and/or were officers in charge when

Defendants Reyes and/or John Does 1-5 pointed a weapon at Plaintiffs and shot their dogs.

3. At all times mentioned herein, Defendants Reyes and/or John Does 1- 5, as police officers,

agents, servants and/or employees of Defendant Tinton Falls, were acting under the direction and

control of Defendants Tinton Falls Police Department, Scrivinac and/or John Does 6-10 and were

acting pursuant to the official policy, practice or custom of the Tinton Falls Police Department.

4. Acting under color of law pursuant to official policy, practice, or custom, Defendants

Tinton Falls, Scrivinac and/or John Does 6-10 intentionally, knowingly, recklessly and/or with

deliberate indifference failed to train, instruct, supervise, control, and discipline on a continuing basis,

Defendants Scrivinac, Reyes and/or John Does 1-5 in their duties to refrain from: (1) unlawfully and

maliciously assaulting, arresting and harassing citizens; (2) intentionally, recklessly and/or negligently

misrepresenting the facts of arrests and/or other police-citizen encounters; (3) falsifying police and/or

other official records; (4) withholding and/or mishandling evidence; (5) making false arrests, and/or

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(6) using unreasonable and excessive force.

5. Acting under color of law pursuant to official policy, practice, or custom, Defendants

Tinton Falls, Scrivinac and/or John Does 6-10 intentionally, knowingly, recklessly and/or with

deliberate indifference implemented and/or conducted superficial and shallow Internal Affairs

processes which ignored evidence and patterns of police misconduct on individual and departmental

levels. Defendants Tinton Falls, Scrivinac and/or John Does 6-10 failed to professionally, objectively

and/or expeditiously investigate instances and patterns of police misconduct in violation of the spirit

and substance of the New Jersey Attorney General’s Guidelines for Internal Affairs Policy and

Procedures.

6. Defendants Tinton Falls, Scrivinac and/or John Does 6-10 failed to adequately track

departmental excessive force complaints, administrative complaints and/or use of force incidents in

violation of Tinton Falls Police Department policies, practices, customs and/or guidelines and/or the

New Jersey Attorney General’s Use of Force and/or Internal Affairs Guidelines, and/or failed to

discipline officers for such violations.

7. Defendants Tinton Falls, Scrivinac and/or John Does 6- 10 were aware of numerous similar

police citizen encounters involving, and/or Internal Affairs complaints and/or civil lawsuits filed

against, Defendants Scrivinac; Reyes; John Does 1-10, and/or other Tinton Falls Police Officers

whereby they customarily and frequently subjected citizens held in custody to physical and mental

abuse; unlawfully and maliciously assaulted, arrested and harassed citizens; intentionally, recklessly

and/or negligently misrepresented the facts of arrests and/or other police-citizen encounters; falsified

police and/or other official records; made false arrests; mishandled and/or withheld evidence, and/or

used unreasonable and excessive force on citizens/arrestees. Defendant Tinton Falls’ police officers

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have been named in at least one other lawsuit alleging excessive force and/or violations of citizens’

civil rights, Turpin v. Tinton Falls, et als. Civil Action#: 15-06613 (BRM-TJB).

8. Despite their awareness, Defendants Tinton Falls, Scrivinac and/or John Does 6-10 failed

to employ any type of corrective or disciplinary measures against Defendants Reyes, John Does 1-10

and/or other Tinton Falls Police Officers.

9. Defendants Tinton Falls, Scrivinac and/or John Does 6-10 had knowledge of, or, had they

diligently exercised their duties to instruct, train, supervise, control, and discipline Defendants

Scrivinac, Reyes and/or John Does 1-10 on a continuing basis, should have had knowledge that the

wrongs which were done, as heretofore alleged, were about to be committed.

10. Defendants Tinton Falls, Scrivinac and/or John Does 6-10 had power to prevent or aid

in preventing the commission of said wrongs, could have done so by reasonable diligence, and

intentionally, knowingly, recklessly and/or with deliberate indifference failed to do so.

11. Defendants Tinton Falls, Scrivinac and/or John Does 6-10, directly or indirectly, under

color of state law, approved and/or ratified the unlawful, deliberate, malicious, reckless, and wanton

conduct of Defendants Scrivinac, Reyes and/or John Does 1-10 heretofore described.

12. As a direct and proximate result of the acts of Defendants Tinton Falls, Scrivinac and/or

John Does 6-10 as set forth herein, Plaintiffs sustained emotional injuries, veterinary expenses and

will incur additional special damages in the future in an amount which cannot yet be determined in

connection with the deprivation of their constitutional rights guaranteed by the Fourth and Fourteenth

Amendments to the Constitution of the United States and protected by 42 U.S.C. Section 1983.

WHEREFORE, Plaintiffs Robert and Bobbi Rene Fullerton demand judgment against

Defendants Tinton Falls, John A. Scrivinac and/or John Does 6-10 on this Count together with

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compensatory and punitive damages, attorney’s fees, interest and costs of suit incurred, and for any

such further relief as the court deems proper and just.

SUPPLEMENTAL STATE LAW CLAIM

COUNT SIX
VIOLATION OF NEW JERSEY CIVIL RIGHTS ACT (NJCRA)

1. The previous paragraphs are incorporated herein inclusively as if fully set forth.

2. The actions of Defendants Reyes and/or John Does 1-10, set forth at length above,

deprived Plaintiffs of their substantive due process right to be free from unlawful seizure of their

person and their fundamental right to liberty secured by the Constitution of the United States and

the Constitution of the State of New Jersey, in violation of N.J.S.A. 10:6-1, et seq. (“The New Jersey

Civil Rights Act”).

3. As a direct and proximate result of the aforesaid acts of Defendants Reyes and/or John

Does 1-10, Plaintiffs sustained emotional injuries, veterinary expenses and were deprived of

their constitutional rights as described above, and will incur additional special damages in the future

in an amount which cannot yet be determined.

WHEREFORE, Plaintiffs Robert and Bobbi Rene Fullerton demand judgment against

Defendants Adrian Reyes and/or John Does 1-10 on this Count together with compensatory and

punitive damages, attorney’s fees, interest and costs of suit incurred, and for any such further relief

as the court deems proper and just.

DEMAND FOR TRIAL BY JURY

Plaintiffs hereby demand a trial by jury as to all issues.

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DESIGNATION OF TRIAL COUNSEL

Please be advised that Thomas J. Mallon, Esquire is hereby designated trial counsel in the

above captioned matter.

Dated: March 7, 2018 /s/ Thomas J. Mallon, Esquire

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