A Union City woman has filed a lawsuit against the city, police department, and a police officer who allegedly invited himself into her home last year and sexually assaulted her.
By John Heinis/Hudson County View
“Defendant UCPD had constructive notice when another police officer unnamed at this time knew that Officer Torres was going to Plaintiff’s home that night and could have prevented
this from occurring. Plaintiff told another officer that she thought Officer Torres was creepy
and strange while she was at the station prior to January 24, 2023 for a domestic violence complaint,” the 20-count lawsuit, filing in Hudson County Superior Court today, says.
“Plaintiff accidentally backed into another vehicle while she was at the station for the domestic violence complaint. When Officer Torres told another police officer that he was going to Plaintiff’s house that night to personally gather Plaintiff’s registration/insurance card. The other unnamed officer responded to him: You didn’t have to go to your house that night for anything that he could get the information out of the system.”
The suit continues that this breach of protocol was never reported to a superior officer and Officer Ulises Torres showed up to the home of the victim, identified only as YM, that evening around 11:30 p.m. while he was still on duty.
He also allegedly intentionally turned off his police body camera before entering the building.
Furthermore, Torres is accused of showing up outside of the plaintiff’s apartment unannounced rather than having her bring her insurance and registration to police headquarters.
“Officer Torres was there waiting in his police vehicle when Plaintiff arrived home and
himself in. Plaintiff felt intimidated and powerless, especially since a police officer just showed up at Plaintiff’s house waiting for her to arrive at such a late time,” the suit contends.
“Officer Torres first asked to see pictures of Plaintiff on her phone and quickly asked if she had had a breast reduction. Officer Torres then went to the bathroom and looked out the door and signaled Plaintiff to come into the bathroom with him, of which she did not agree to.”
The officer, who joined the department in 2016, allegedly then tried to kiss her, pull her shirt up, and “proceeded to pull her right breast out of her bra and he attempted to suck her nipple” all while her three-year-old daughter was watching.
The alleged victim pushed Torres away and he eventually left, but he continued to contact her the next day via WhatsApp, offering to blame her ex-boyfriend for the car accident, as well as offering to send her money if needed, all unsolicited, the lawsuit asserts.
The Union City Police Department’s 2023 Annual Major Disciple Report indicated that Torres was suspended for 30 days last year for “conduct unbecoming of a public employee, neglect of duty, and other sufficient cause,” as only HCV reported in February.
An updated copy of the report says that Torres completed a call for service and responded back to the victim’s residence, where he “engaged in inappropriate touching of the victim.”
According to the litigation, he was given the option to resign after the suspension was up and he is no longer with the Union City PD.
The lawsuit, which also names Police Chief Anthony Facchini and several John Does, also claims that one of Torres’ superiors asked her out on a date approximately nine months later.
YM, through her Weehawken-based attorney Nicholas Pagliara, alleges a violation of her 14th Amendment Rights, failure to train and supervise, gender discrimination, assault, battery, sexual battery, false imprisonment, intentional infliction of emotional distress, failure to intervene, and negligence – among other things.
As a result, she is seeking compensatory, statutory and punitive damages, as well as damages for lost wages and medical bills, damages for emotional distress, attorneys’ fees and costs of suit, along with any relief the court deems just and equitable.
Pagliara and counsel for the city both did not return emails seeking comment.
