PATERSON NJ April 5 2013 — The city and its Police Department are being sued in federal court by the parents of Randolph Waddy IV, a Garfield man who was killed last year when his motorcycle crashed as he was being pursued by volunteer auxiliary police officers.
PASSAIC COUNTY PROSECUTOR'S OFFICE
Jonathan Lopez, left; Juan Martinez
A grand jury indicted the two auxiliary officers involved, Juan Martinez and Jonathan Lopez, earlier this year on official misconduct charges for allegedly trying to conduct a traffic stop, which they are not authorized to do, and for leaving the scene of the accident instead of helping the victim. Waddy’s parents, Francine Warren and Randolph Waddy III, are asking for an award of $30 million for wrongful death in addition to other compensatory and punitive monetary awards for civil rights violations, according to the lawsuit, which was filed Friday in U.S. District Court in Newark. “I don’t have much to say,” Warren said Wednesday in a brief telephone interview. “All I want is justice.” She referred inquiries to her family’s attorney, Brandon Broderick, who could not be reached for comment Wednesday evening. Waddy died at St. Joseph’s Regional Medical Center on April 17, 2012, after his motorcycle crashed into the back of a car on North First Street as he was being chased by an unmarked Jeep that had its sirens blaring and lights flashing. The city’s auxiliary police force was suspended after the incident, and city officials have said they don’t intend to bring it back. The parents allege in the suit that Paterson officials had received “numerous complaints” about the auxiliary police regarding unauthorized motor vehicle stops, harassment of citizens and auxiliary officers “acting as regular sworn police when they did not have the authority to do so.” The suit also alleges that the city had allowed such behavior. City officials were not immediately available for comment Wednesday. Officials at the city’s Law Department said they have a policy of declining to comment on pending litigation. The lawsuit alleges that the auxiliary police Jeep struck the rear of Waddy’s motorcycle, pushing it into a parked vehicle and leading to his death. Authorities have not charged the two auxiliary officers, Martinez and Lopez, with causing Waddy’s death by running into his motorcycle. Waddy’s parents allege in the suit that authorities disregarded evidence that would have established that the Jeep made contract with the motorcycle. The suit alleges that Waddy suffered various civil rights violations, including a Fourth Amendment right to be protected from illegal search and seizure, along with the rights to due process and equal protection under the law. It names as defendants the city, its Police Department, the auxiliary police force, Police Director Glenn Brown and other police officials, along with Martinez and Lopez.