Christopher Killmurray Wins Trial in Alleged Excessive Force Case in Middlesex County
On September 15, 2015, Christopher Killmurray, a Partner in the firm's Labor & Employment Law Department, completed a four day trial in the matter of Cesareo v. Township of Woodbridge, et. als. before the Hon. Phillip Paley, J.S.C. in Middlesex County Superior Court. This case arose out of an alleged use of excessive force by arresting police officers following the service of a Warrant in 2011. Both liability and damages were contested. The Court had previously granted summary judgment on multiple issues and on multiple parties in the case, finding that there was probable cause to arrest and that the Warrant was valid and plaintiff had a legal obligation to comply. Plaintiff had previously alleged multiple injuries and, at trial, plaintiff focused on an alleged broken nose. The officers testified, explaining the actions that they took in response to a fleeing suspect and obstruction by other parties present, including the plaintiff. At the conclusion of the trial, the jury returned a verdict in favor of the defendants finding that the officers did not utilize excessive force in effectuating a lawful arrest under the New Jersey Civil Rights Act.