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Wednesday, July 13, 2011

New Jersey Town Settles Police Assault Suit

Bayonne settles suit with men who accused police of assault
The Jersey Journal by Michaelangelo Conte - July 11, 2011

Bayonne has paid nearly $100,000 to two men who said they were assaulted by police as they left Fratelli's Bar on Broadway in 2007. Bayonne has paid nearly $100,000 to settle a lawsuit filed by two city men who said they were brutally assaulted by police as they left Fratelli’s Bar on Broadway in 2007. The city and officers admitted no liability or wrongdoing in the May 25 settlement made with plaintiffs Michael Condo, 25, of West Fifth Street, and Greg DeRocco, 38, of Avenue A. Named as defendants in the suit were the City of Bayonne, Sgt. Timothy McAuliffe, Officer Dominick Lillo, and Detectives David Macre, Timothy Carey and William Peterson, according to court papers. The settlement included a confidentiality clause. After the March 17, 2007, incident, police arrested Condo and DeRocco and charged both with aggravated assault and resisting arrest, Hudson County Prosecutor Edward DeFazio said. The prosecutor said his office dismissed all charges against the men in December 2008. The suit alleged that Macre “maliciously assaulted” Condo, beating, kicking and throwing him to the ground while cursing at him. At the same time, Lillo tackled DeRocco and punched him numerous times in the face and head, the suit alleged. DeRocco’s sister was pleading for Lillo to stop and when she tried to intervene, Lillo kicked her, the suit alleged. The plaintiffs claimed Carey and Peterson also assaulted them and McAuliffe did not “intervene and stop the illegal seizure and assault.” After their arrests, both men were taken to Bayonne Hospital for treatment, the suit says, adding that after being booked, Condo had to be returned to the hospital. Condo and DeRocco sued claiming excessive force, malicious prosecution, wrongful arrest, failure to intervene, deliberate indifference, deprivation of property, deprivation of due process and conspiracy. Bayonne City Attorney Charles D’Amico, as well as DeRocco and Condo, could not be reached for comment.

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