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BUR-L-001265-18 06/20/2018 10:16:24 AM Pg 1 of 17 Trans ID: LCV20181076861

ARTHUR H. LANG
918 East Kennedy Blvd.
Lakewood, NJ 08701
(732) 609-5530
NJ Att. No. 014102012
Attorney for Plaintiff
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION,
BURLINGTON COUNTY

-------------------------------------- ) CIVIL ACTION


) DOCKET NO:
JACK LEVINE ) BUR-L-000138-18
Plaintiff )
v. )VERIFIED COMPLAINT
)AND DEMAND FOR
NEW JERSEY STATE POLICE, TROOPER )JURY TRIAL
JOSEPH DREW, TROOPER ANDREW WHITMORE )
AND UNNAMED MEMBERS OF THE NEW JERSEY )
STATE POLICE )
Defendants )
-------------------------------------- )

Plaintiff, by his attorney, ARTHUR H. LANG, complaining of the


defendants above-named, respectfully shows to this court and
alleges as follows:
THE PARTIES

1. The NEW JERSEY STATE POLICE is public entity of the


sovereign State of New Jersey in which its Office of
Professional Standards is located at 810 Bear Tavern Road,
Suite 310, West Trenton, NJ, 08628.
2. TROOPER JOSEPH DREW was at all times relevant herein an
officer of the New Jersey State Police, Badge number 7738,
home address unknown.
3. TROOPER ANDREW WHITMORE was at all times relevant herein an
officer of the New Jersey State Police, Badge number 7710,
home address unknown.

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4. UNNAMED MEMBERS OF THE NEW JERSEY STATE POLICE include a


dispatcher, desk sergeant, and/or other members of the New
Jersey State Police whose identity have yet to be
discovered.
JURISDICTION

5. The Superior Court of New Jersey has jurisdiction because


this action is brought in part under the New Jersey Civil
Rights Act, NJ Rev Stat § 10:6-2.
6. The Superior Court of New Jersey has jurisdiction because
Plaintiff Jack Levin is a domicile of the State of New
Jersey.
7. The Superior Court of New Jersey has jurisdiction because
Defendant New Jersey State Police is a public entity of the
sovereign State of New Jersey.
8. The Superior Court of New Jersey has jurisdiction because
the natural person Defendants contributed to Plaintiff’s
injuries in New Jersey while employed by the New Jersey
State Police.
FACTS

9. On February 13, 1993, the New Jersey Attorney General


promulgated guidance for dissemination to all county and
local law enforcement agencies governing body cavity and
strip searches requiring confinement, consent or warrant,
privacy, sanitary conditions, conducted in a professional
and dignified manner and in the case of a body cavity
search, to be performed by a licensed medical professional.

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10. On March 8, 2017 Plaintiff Jack Levine was pulled over by


State Trooper Joseph Drew, Badge number 7738, for alleged
tailgating.
11. Trooper Drew claimed that he smelled raw marijuana and
handcuffed Mr. Levine and passenger Justin Phillips.
12. Trooper Drew not read them their Miranda rights even though
they were detained and handcuffed.
13. Trooper Andrew Whitmore, Badge number 7710, arrived on the
scene.
14. Trooper Drew searched Mr. Levine’s vehicle and found no
evidence of any controlled substance.
15. Trooper Drew said to Mr. Levine, “If you think this is the
worst I’m going to do you have another thing coming.”
16. Trooper Drew then went to his police vehicle and returned
with latex gloves, opened Mr. Levine’s pants from the back
and put his hand down his pants and went from his tailbone,
down the crack of his buttocks to the front near his
genitalia, then put his hand in his front and groped his
genitalia and moved his private parts around.
17. By information and belief, Trooper Drew knew or should have
known that his actions were contrary to the Attorney
General directives on body cavity and strip searches, and
that his mere suspicion that the Plaintiff had marijuana in
a body cavity did not warrant sticking his hands in that
area pursuant the New Jersey Constitution protection
against unreasonable searches.
18. Trooper Drew, for a second time, went into the front of Mr.
Levine’s pants, touching and moving his genitalia around
and also went into the back of his pants again conducting a
body cavity search feeling inside Mr. Levine’s buttocks.

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19. This was conducted on the roadside in front of passing


traffic. Mr. Levine repeatedly screamed out for help
saying, “He’s raping me.”
20. By information and belief, Trooper Drew knew or should have
known that to conduct a second roadside body cavity search
and strip search was a criminal act and a violation of the
Plaintiff’s rights under the New Jersey Constitution.
21. By information and belief Trooper Drew violated § 2C:14-2
sexual assault and aggravated sexual assault by penetrating
the anus of Plaintiff Jack Levine during the search aided,
the depth of insertion is irrelevant, and that he was aided
and abetted by Trooper Whitmore.
22. Trooper Drew gave Mr. Levine a ticket for tailgating and
released him.
23. On April 19, 2017, attorney John H. Sanders, Esq.,
representing Mr. Levine, requested discovery from the South
Hampton Prosecutor asking for “preservation and production
of the Computer Automated Dispatch ("CAD") report in this
matter, any and all police audio/radio transmissions, 911
calls, telephone transmissions, motor vehicle recordings
"MVR", body camera recordings, police station recordings,
or any other type of recorded audio or video transmissions
related.” (Exhibit 1)
24. On July 3, 2017, Mr. Sanders sent a second request for
discovery saying, “WE ARE SPECIFICALLY REQUESTING THE DASH
CAM VIDEO FROM THE NEW JERSEY STATE POLICE.” (Exhibit 2)
25. Mr. Sanders did not receive discovery.
26. On September 12, 2017 Mr. Levine appeared in court with an
associate of Mr. Sanders. Trooper Drew requested the court
to drop the tailgating charge and charges were dismissed.

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27. On December 19, 2017, Arthur H. Lang, Esq., now


representing Mr. Levine, sent an OPRA request to the State
Police for the dash cam videos and for the names of the
officers involved in order to file suit against Officer
Drew.
28. On December 19, 2017, Mr. Lang also sent the Office of
Professional Standards a request for an internal affairs
investigation.
29. On December 19, 2017, Mr. Lang sent a second OPRA
requesting, “1) Please provide Video from the Laboratory
Information Management System (LIMS). 2) Please provide the
Operations Report March 8, 2017. 3) Please provide the
Operational Dispatch CAD entry. 4) Please provide the
Investigation Report, system RMS.
30. By information and belief, Plaintiff, as a victim of a
crime under investigation, is entitled to a of copy police
records if so requested.
31. On December 29, 2017 Mr. Lang received an email reply that
the State Police would need until January 12, 2018 to
comply with the OPRA.
32. On January 12, 2018, Mr. Lang received another email reply
again that the State Police would need until January 26,
2018 to comply with the OPRA.
33. On Sunday, January 21, 2018 Mr. Lang and Mr. Levine were
invited to meet with Detective Sergeant Mike Gregory, 6032,
and Detective Sergeant Martucci, 6109 as part of the
Internal Affairs investigation.
34. The Internal Affairs officers showed Mr. Lang and Mr.
Levine parts of the video recording of the incident.

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35. The video showed that Officer Drew made the statement, “I
already got permission” from headquarters indicating that
other officers were involved. Officer Drew said this when
he was taking Mr. Levine out of the car with latex gloves
on his hands before he went into his pants.
36. On or about April 2, 2018 as result of an OPRA request

dated January 24, 2018 by John Paff, Libertarians for

Transparent Government, 73 Servis Rd, Skillman, NJ 08558,

said video was released to the public even though the

video was confidential and subject to an internal review

investigation.

37. By reason of the actions of the named and unnamed


individual defendants on March 8, 2017 acting under the
color of law, knowing or constructively knowing that a
roadside body cavity and strip search was in violation of
the Attorney General directive and the New Jersey
Constitution’s prohibition of unreasonable searches and
seizures, Plaintiff Jack was assaulted, battered and
sexually violated enduring pain, public humiliation and
embarrassment at the time of the search in clear view of
ongoing passing traffic and afterwards suffered additional
public humiliation and embarrassment before the whole world
after the release of the video and its viewing on
television and the Internet.

COUNT ONE
NEW JERSEY CIVIL RIGHTS ACT

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38. Plaintiff repeats and realleges each and every allegation


stated and contained in the paragraphs 1-37 as if the same
were set forth fully and in their entirety herein.
39. Trooper Drew and Trooper Whitmore on March 8, 2017 stopped,
detained Plaintiff and acting under the color of law, knew
or should have known that a roadside body cavity and strip
search was in violation of the Attorney General directive
and the New Jersey and federal Constitutional prohibition
of unreasonable searches and seizures.
40. Officer Drew and Officer Whitmore for their own actions,
and the unnamed individuals for aiding and abetting Officer
Drew and Office Whitmore, participated in the assault,
battering and sexual violation of Plaintiff causing him
pain, public humiliation and embarrassment at the time of
the search in clear view of ongoing passing traffic and
further pain, public humiliation and embarrassment when the
video of the incident was released to a worldwide audience,
are liable for compensatory damages to Plaintiff, for
punitive damages as the court deems appropriate and for
reasonable attorney's fees pursuant to the New Jersey Civil
Rights Act NJ Rev Stat § 10:6-2.
41. WHEREFORE Trooper Drew, Trooper Whitmore and unnamed
officers violated the civil rights of Plaintiff by
authorizing or performing a roadside body cavity search and
strip search, they are jointly and severely liable for
compensatory damages, civil penalty, punitive damages, and
other appropriate relief awarded in an action brought
pursuant to NJ Rev Stat § 10:6-2 (2014) and reasonable
attorney's fees and costs.

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COUNT TWO
COMMON LAW CIVIL CONSPIRACY
42. Plaintiff repeats and realleges each and every allegation
stated and contained in the paragraphs 1-34 as if the same
were set forth fully and in their entirety herein.
43. By information and belief, Trooper Drew and Trooper
Whitmore and unnamed officer(s) agreed and conspired for
the unlawful objective of conducting an illegal roadside
body cavity search and strip search and aided and abetted
the overt acts of Trooper Drew in furtherance this
objective causing an injury or damages to the plaintiff.
44. Trooper Drew and Trooper Whitmore and unnamed
officer(s)caused Plaintiff pain, public humiliation and
embarrassment at the time of the search in clear view of
ongoing passing traffic and further pain, public
humiliation and embarrassment when the video of their
actions was release to a worldwide audience.
45. WHEREFORE Trooper Drew, Trooper Whitmore and unnamed
officers violated Plaintiff by authorizing or performing a
roadside body cavity search and strip search, that they
entered into an agreement with one another for the purpose
of committing an unlawful act, that the officers at the
scene committed an overt act conducting the body cavity and
strip search in furtherance of the agreement to commit an
unlawful act, and that plaintiff suffered damage as a
result of a civil conspiracy, said Defendants are jointly
and severely liable for damages, civil penalty, attorney
fees and/or other appropriate relief awarded in this
action.

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COUNT THREE-ASSUALT
46. Plaintiff repeats and realleges each and every allegation
stated and contained in the paragraphs 1-37 as if the same
were set forth fully and in their entirety herein.
47. By information and belief Trooper Drew intended to create
the state of fear or danger in Plaintiff and a reasonable
apprehension of imminent harm by placing him in handcuffs
detaining him for the purpose of an illegal body cavity and
strip search, and by making the statement, “If you think
this is the worst I’m going to do you have another thing
coming” while Plaintiff was detained in handcuffs.
48. By information and belief Trooper Whitmore acted to create
the state of fear or danger in Plaintiff and a reasonable
apprehension of imminent harm by detaining him for the
purpose of an illegal body cavity search and strip search.
49. WHEREFORE Trooper Drew and Trooper Whitmore are jointly and
severely liable for assaulting Plaintiff by putting him in
a reasonable apprehension of pain, public humiliation and
embarrassment at the time of the search in clear view of
ongoing passing traffic.

COUNT FOUR- BATTERY


50. Plaintiff repeats and realleges each and every allegation
stated and contained in the paragraphs 1-37 as if the same
were set forth fully and in their entirety herein.
51. Trooper Drew acted intentionally to cause a harmful or
offensive contact and such harmful or offensive contact

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actually occurred by way of conducting a roadside body


cavity search and strip search.
52. Trooper Whitmore acted intentionally to cause a harmful or
offensive contact and such harmful or offensive contact
actually occurred by holding Plaintiff in custody for the
purpose of conducting a roadside body cavity search and
strip search.
53. WHEREFORE Trooper Drew and Trooper Whitmore are jointly and
severely liable to Plaintiff for damages cause by battery
causing him pain, public humiliation and embarrassment at
the time of the search in clear view of ongoing passing
traffic and further pain, public humiliation and
embarrassment when the video of their actions was release
to a worldwide audience.

COUNT FIVE-INTENTIONAL INFFLICTION OF EMOTIONAL DISTRESS


54. Plaintiff repeats and realleges each and every allegation
stated and contained in the paragraphs 1-37 as if the same
were set forth fully and in their entirety herein.
55. Trooper Drew and Trooper Whitmore acted intentionally to
cause a harmful or offensive contact on Plaintiff and such
harmful or offensive contact actually occurred by way of
conducting a roadside body cavity search and strip search
in full view of traffic.
56. Trooper Drew acted intentionally and recklessly by
subjecting Plaintiff to the body cavity and strip search
producing emotional distress as a result of the battery,
with an intent to harm as inferred in his statement, “If
you think this is the worst I’m going to do you have
another thing coming;” conduct that is so outrageous and

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extreme as to go beyond all bounds of decency; this conduct


being a proximate cause of emotional distress to Plaintiff
causing shame and humiliation in front of traffic on a
public thoroughfare and through worldwide viewing on
television and the internet; and that this emotional
distress suffered was so severe that no reasonable person
could be expected to endure it.
57. WHEREFORE Trooper Drew and Officer Whitmore are liable to
Plaintiff for intentional infliction of emotional distress
to the Plaintiff for causing him pain, public humiliation
and embarrassment at the time of the search in clear view
of ongoing passing traffic and further pain, public
humiliation and embarrassment when the video of their
actions was release to a worldwide audience.

COUNT SIX-NEW JERSEY TORT CLAIMS ACT


58. Plaintiff repeats and realleges each and every allegation
stated and contained in the paragraphs 1-36 as if the same
were set forth fully and in their entirety herein.
59. By information and belief, the New Jersey State Police
failed to properly train and supervise its officers and
failed to disseminate rules, guidance and regulations
consistent with Attorney General's Strip Search and Body
Cavity Search Requirements and Procedures causing pain,
humiliation and embarrassment to Plaintiff Jack Levine.
60. By information and belief, the New Jersey State Police
supplied its officers with medical gloves for the purpose
of body cavity searches but did not provide proper
oversight or guidelines consistent with constitutional
rights.

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61. By information and belief, Executive Order Number 48 (1968)


states, “No person having custody of State Police
investigative files shall turn over the same to any other
person who is not a member of a duly recognized law
enforcement agency unless order to do so by a court of
competent jurisdiction or by the Governor of the State of
New Jersey.”
62. By information and belief, the matter of Defendants
conducting a roadside body cavity and strip search was
under investigation by internal affairs leading to possible
criminal prosecution.
63. On or about January 26, 2018, Plaintiff withheld consent to
release of the video of the strip search and body cavity
search on the side of the road at the hands of Trooper Drew
and Trooper Whitmore under the color law when asked by a
member of the New Jersey State Police Office of
Professional Standards.
64. By information and belief, the matter was subject to an
internal affairs investigation for possible criminal
wrongdoing.
65. On or about April 2, 2018 as result of an OPRA request
dated January 24, 2018 by John Paff, Libertarians for
Transparent Government, 73 Servis Rd, Skillman, NJ 08558,
the said video was released to the public even though the
video was confidential and subject to an internal affairs
investigation.
66. On or about April 2, 2018 the video was released to John
Paff.
67. As a result of releasing the video on about April 2, 2018
the video appeared on the world wideweb and was shown on

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countless television stations as far away as New Zealand


and was viewed by tens or hundreds of million of people.
68. By reason of the foregoing action of the New Jersey State
in releasing the video on the victimization of Plaintiff
Jack Levine at the hands of officers of the State Police,
despite the ongoing investigation and lack of consent,
Plaintiff Jack Levine endured public humiliation and
embarrassment and invasion of privacy.
69. On April 23, 2018 Plaintiff served the Attorney General of
New Jersey and served the New Jersey State Police notice of
intent to file a claim against the State of New Jersey and
the New Jersey State Police for violation of privacy and
other related torts through the release and subsequent
dissemination in the press and on the internet by the New
Jersey State Police on or about April 2, 2018 of a video
recording of a traffic stop and roadside strip search of
his person by officers of the New Jersey State Police on
March 8, 2017.
70. The New Jersey State Police contributed to the shame and
embarrassment endured by Plaintiff by releasing the video
an incident under investigation showing its officers
abusing Plaintiff, by failing to promulgate policies
consistent with the New Jersey Constitution and the
Attorney General directive and by failing to exercise
proper control over its officers and supervisors.
71. WHEREFORE the New Jersey State Police are liable to
Plaintiff for the shame and embarrassment caused by the
actual search and the subsequent release of the video to a
worldwide audience.

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WHEREFORE, Plaintiff Jack Levin demands judgment against


Defendants as follows:

1) On COUNTS ONE and TWO against defendants Trooper Drew and


Trooper Whitmore and Unnamed Members Of The New Jersey State
Police.
a) that judgment be rendered against defendants Trooper
Drew, Trooper Whitmore and Unnamed Officers of the New Jersey
State Police that they are liable to plaintiff for damages of
$350,000, jointly and severely, for the pain, shame and
humiliation endured by Plaintiff during the roadside body
cavity search and as a result of worldwide exposure on
television and the internet.
b) that the Plaintiff recover of the Defendants, jointly
and severally, reasonable and adequate attorney's fees and
disbursements;
c) that Plaintiff recover of the Defendants, jointly and
severally, exemplary and punitive damages in the amount as may
be requested at trial or granted by the Court; and
d) and further relief as to this Court may seem just and
proper.

2) On COUNTS THREE, FOUR and FIVE against Trooper Drew and


Trooper Whitmore:
a) that judgment be rendered against defendants Trooper
Drew and Trooper Whitmore that they are liable to plaintiff
for damages of $350,000, jointly and severely, for the pain,
shame and humiliation endured by Plaintiff during the roadside
body cavity search and as a result of worldwide exposure on
television and the internet.

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b) that the Plaintiff recover of the Defendants, jointly


and severally, reasonable and adequate attorney's fees and
disbursements;
c) that Plaintiff recover of the Defendants, jointly and
severally, exemplary and punitive damages in the amount as may
be requested at trial or granted by the Court; and
d) and further relief as to this Court may seem just and
proper.
3) On COUNT SIX against the New Jersey State Police,
a) That judgment be rendered against the New Jersey State
that they are liable to plaintiff for $200,000 in damages for
the pain, shame and humiliation endured by Plaintiff during
the roadside body cavity search and as a result of worldwide
exposure on television and the Internet.
b) For such other and further relief as to this Court may
seem just and proper.

DESIGNATION OF TRIAL COUNSEL


Pursuant to R. 4:25-4, the Court is advised that Arthur H.
Lang, Esq. is hereby designated as trial counsel.

JURY DEMAND
Plaintiff hereby demands trial by jury of the damages and
punitive damage and all issues involved in this action
pursuant to R. 4:35-1.

s/Arthur H. Lang
Arthur H. Lang
Attorney for Plaintiff
NJ Att. No. 014102012
918 East Kennedy Blvd.

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Lakewood, NJ 08701
732-609-5530
lakewoodlaw@gmail.com
Dated: June 20, 2017

CERTIFICATION PURSUANT TO R. 4:5-1


The undersigned of full age, hereby certifies as follows:
1. The matter in controversy is not the subject of any
pending action before any court other than a motion for
discovery to identify the unnamed members of the New
Jersey State Police in Jack Levine v. New Jersey State
Police, BUR-L-000138-18.
2. A motion to discover the identity of other Defendants,
is pending in Jack Levine v. New Jersey State Police,
BUR-L-000138-18, is pending.
3. No other action or arbitration proceeding is
contemplated.
4. There are other parties to be joined who have not yet
been identified.

I hereby certify that the foregoing statements made by me are


true. I am aware that if any of the said statements made by me
are willfully false, I am subject to punishment.

Dated: June 20, 2017

s/Arthur H. Lang
Arthur H. Lang
Attorney for Plaintiff
NJ Att. No. 014102012
918 East Kennedy Blvd.
Lakewood, NJ 08701

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732-609-5530
lakewoodlaw@gmail.com

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