A former Bayonne employee that worked in fire prevention has filed a federal lawsuit seeking $1.8 million, alleging he was wrongfully arrested, endured malicious prosecution, and “identified a pattern of racketeering activity” at City Hall.
By John Heinis/Hudson County View
Rich Roszkowski filed a five-count lawsuit in the U.S. District Court of New Jersey yesterday against former Business Administrator Donna Russo, Fire Chief Keith Weaver, and Police Capt. William Dundas.
He alleges he was wrongfully arrested and prosecuted for about five months between October 2022 and March 2023, which was predated by growing tensions caused by him questioning the rules around fire inspections.
“In his position as Clerk 1, Fire Prevention Plaintiff Roszkowski inquired on multiple occasions into the lack of consistency of some properties, property owners, developers, contractors not having their Fire Prevention Inspections, and/or not having to submit their fines,” the lawsuit claims.
“At one point, Plaintiff was asked by Defendant Russo to speak out against a Deirdre Healey, who Defendant Russo was trying to terminate, and eventually did terminate from employment. Plaintiff Roszkowski refused to be a part of these actions.”
Furthermore, Roszkowski, through his Morristown-based attorney Vincent Gerbino, noted that he became aware of probe about clerical errors that began on or about October 18th, 2022 and “a reconciliation” was then performed three days later.
On October 25th, 2022, Dundas allegedly called Roszkowski to the police department for a formal inquiry, where he was not allowed to have a union representative and/or attorney present.
The lawsuit also contends that Dundas did not read Roszkowski his Miranda Rights, which would indicate that both Russo and Dundas “defied and violated due process rights” before he was arrested and processed (the lawsuit does not explain what the charges were).
As a result, Roszkowski was suspended without pay and was provided a Preliminary Notice of Disciplinary Action (PNDA).
While the Hudson County Prosecutor’s Office dismissed the case with prejudice on March 29th, 2023, Bayonne would not reinstate him with back pay and a second PNDA was issued on October 30th, 2023 and a Final Notice of Disciplinary Action given November 14th, 2024.
“Upon information and belief, on October 25, 2022 Defendant Dundas filed, with the assistance, guidance, and input from Defendant Russo a false criminal complaint alleging that Plaintiff Roszkowski had committed criminal infractions,” the lawsuit declares.
” … Upon information and belief, as asserted below, Defendant Dundas did conspire with third parties to effectuate a malicious prosecution. The act of malicious prosecution resulted in the dismissal of the charges Defendant Dundas and Defendant Russo maliciously alleged.”
The lawsuit continues that the matter stemmed from missing monies, but no sort of audit, demand, request, and/or reconciliation was ever attempted before Roszkowski was arrested.
“As a direct and proximate cause of the unlawful acts of the Defendants Russo, Dundas and City of Bayonne, Plaintiff Roszkowski has suffered and continues to suffer, and in the future will suffer, excruciating and agonizing mental anguish, humiliation, embarrassment, as well as limitation and restriction of his usual activities, pursuits, and pleasures,” Gerbino also wrote in the court filing.
” … Individual Defendants acted willfully, deliberately, maliciously, or with reckless disregard for Plaintiff Roszkowski’s clearly established constitutional rights.”
Furthermore, the former city worker alleges that not only was there a conspiracy and fraud perpetuated against him, he also says his free speech was violated and he was subject to retaliation, at least in part because he saw evidence of a racketeering scheme.
“The City of Bayonne is a criminal enterprise within the meaning of N.J.S.A. 2C:41-2(c). Alternately, the named individual defendants formed associations in fact within the meaning of N.J.S.A. 2C:41-2(c) for the common purpose of advancing Donna Russo’s unconstitutional guiding of illicit contracts, patronage policy, misuse of government funds, falsifying bond and securities, misuse of office, and official misconduct,” the suit says.
“Each of the Individual Defendants Russo, Weaver, Dundas, participated, either directly or indirectly, in the conduct or the affairs of an enterprise constituting a pattern of pattern of racketeering activity. In that they constituted a regular way of conducting the defendants’ ongoing legitimate businesses and/or that their actions are a regular way of conducting or participating in an ongoing and legitimate enterprise.”
To that end, Roszkowski says the criminal infractions committed by the defendants and their conspirators include abuse of public office, falsification of records to justify demolitions, false imprisonment, criminal trespass, insurance fraud, illegal land sales, extortion, a pattern of abuse, and criminal coercion.
As a result, he is seeking damages for mental and emotional anguish, humiliation, anxiety, and distress, punitive and treble damages, attorneys’ fees, expunging the illegal arrest and processing, injunctive relief that prohibits this type of behavior in the future, and a jury demand for a case estimated to have a value of $1.8 million.
A city spokesman did not return an email seeking comment, but the city does not typically comment on pending litigation.
