A Hudson County judge reinstated defendants in Leroy Truth unlawful arrest lawsuit stemming from being removed by police from a Union City Board of Commissioners meeting in July 2024.
By John Heinis/Hudson County View
“The testimony at oral argument supports Plaintiff’s contentions. At oral argument it was revealed that Plaintiff had not yet received his full file from his previous counsel. Thus, despite Plaintiffs attempts to comply with the orders to compel, he had no way of knowing what discovery remains outstanding without access to his file,” Hudson County Superior Court Judge Kalimah H. Ahmad ruled on Christmas Eve.
“It appears that Plaintiff himself was never personally served with the motion to compel, never informed that counsel failed to oppose it, and was deprived of any opportunity to cure the alleged deficiencies before the complaint was dismissed, meaning that Plaintiff was penalized for counsel’s neglect.”
She also wrote that the court found “exceptional circumstances” exist to extend the discovery period, noting that Truth, whose real name is Leonard Filipowski, was not informed by prior counsel that motions had been filed without a response.
The case was initially filed in July 2024 and was dismissed in March of this year, but is now back on the court docket in full. This is not related to a federal seven-count lawsuit being dismissed in September.
In March, the Union City Board of Commissioners the local police department were dismissed from the wrongful arrest suit, with Mayor Brian Stack, also the state senator of the 33rd Legislative District, being the only defendant remaining.
Ahmad also wrote that Filipowski must filed an amended complaint by January 12th, with interrogatory and document demands due on January 16th, all party and fact witness depositions due by February 29th, discovery due on April 30th, and a trial date set for July 20th.
Furthermore, Filipowski owes $4,294 in counsel fees, though “payment of the award shall no longer serve as a condition plaintiff must satisfy to reinstate the complaint,” referring to a court order from October 6th.
Filipowski was previously represented by Mario Blanch but has been representing himself since about October 21st, according to Wednesday’s decision.
“To the Court, it appears that throughout the relevant period, although Plaintiff had already provided his counsel with the materials necessary to comply—including responsive documents and electronic files—counsel failed to properly serve or certify those responses. Plaintiff remained unaware of the discovery enforcement proceedings, fee applications, or the resulting orders,” Ahmad concluded.
“His counsel had failed to communicate with him, and Plaintiff was deprived of any opportunity to respond or to personally cure the alleged deficiencies. Plaintiff also appears to be suffering financial difficulties that prevent plaintiff from complying with the Court’s orders of October 6th, 2025 and March 20th, 2025.”
Filipowski declined to comment beyond the ruling, while Nicholas P. Whittaker, of counsel at law firm O’Toole Scrivo, who is representing the city in the matter, did not return an email seeking comment.
Last call, Leonard. You better meet the deadline now.