The Hoboken dad charged with endangerment after a potential hostage situation back in October has filed a tort claim alleging he was injured while falsely arrested – which he says violated his civil rights – and wrongfully imprisoned.
” … The Hoboken Police requested entry into my Garden [Street] apartment. After [my] wife refused to allow them entry due to their failure to state a legitimate purpose and COVID, they forced entry their the front doors and rear sliding glass door,” Marshalek, an attorney who is representing himself, wrote in the 10-page claim filed on January 9th.
“The police SWAT team broke bathroom door, falsely arrested me, refused ‘reasonable articulable’ suspicion of a crime, refused to provide ‘articulable evidence,’ refused to provide charges and removed me to Hoboken hospital. Not one of the officers wore [a] mask.”
He also alleges he was not contacted at all by law enforcement prior to their entry into his home and that he was “falsely imprisoned” at the hospital and later the Hudson County Correctional Facility for 10 days.
Additionally, Marshalek is seeking $6,600 in personal injuries, along with $9,800 in property damage. Through the claim, he also says his physical injuries have kept him out of work for over three months.
In an email to HCV, he contends that the incident all stemmed from refusing his disabled son entry into school for refusing to wear a face mask, information he says was relayed to the school board, city council, and mayor’s office.
Back at the August 19th city council meeting, Marshalek was one of several angry residents who spoke out against a measure that would’ve permitted a $250 fine for refusal to wear a face mask in public.
On October 16th, Marshalek, whose identity had not been released publicly by law enforcement as of this writing, was charged with endangerment after an hours-long standoff with police ultimately led to the recovery of his five-year-old son.
“The most important thing that happened here today: it was patience, there was communications done, utilizations of any resource that we had, and amazingly, with as much concern as we had going into 7 p.m., we got this five-year-old out safely and we have somebody in custody … safely,” Police Chief Kenneth Ferrante said on the evening of the arrest.
An Open Public Records Act request seeking further information in light of the incident yielded few new details beyond the fact that Marshalek was at least initially not supposed to have contact with his son until his case was resolved.
The city did not return an inquiry seeking comment, though typically declines to comment on pending litigation.