Palisades Park police officer's lawsuit accuses borough, police chief of retaliation
PALISADES PARK — A police officer has filed a lawsuit against the borough and its police chief claiming he was retaliated against for a string of issues that began in 2018 involving his wife and her ex-husband, who is a Ridgefield police officer.
Borough Police Officer David Chun was placed on administrative leave last August after he was charged with two counts of simple assault. The lawsuit claims that the charges were dismissed this January and expunged on Jan. 31.
Instead of being reinstated to his police officer duties, Chun is still in an administrative position answering phones in borough hall outside of the police department.
The lawsuit, filed in Bergen County Superior Court by his attorney, Alan Genitempo of Piro Zinna Cifelli Paris & Genitempo law firm, is requesting a jury trial and is against the borough, Police Chief Anthony Espino and unknown defendants.
“We feel really strongly about the case and it’s proving the harassment and discrimination by refusing to put him back on duty when all the charges were dismissed,” Genitempo said. “They failed to reinstate him immediately and back pay is a symbol of the harassment he’s been undergoing including the constant fitness for duty tests, all in an effort to get him to quit.”
From 2018 to 2022, there were internal affairs complaints filed against Chun on four separate occasions, he was placed on administrative leave and fitness for duty evaluation twice and was tagged in racist Instagram posts, the lawsuit said.
"Palisades Park's failure to investigate [Chun's] concerns were all done in retaliation for [Chun] disclosing a domestic violence incident implicating his spouse's ex-husband, who works for Ridgefield Police Department and for making his own internal complaints," the lawsuit claims.
Borough attorney Allan Roth said the town has not yet received the complaint and can't comment on something it hasn't reviewed.
The background
Chun said the issues began in his department in 2018 when he reported a past incident of domestic violence involving his wife and her police officer ex-husband.
Weeks later, Chun received two internal affairs complaints made by Ridgefield police officers for terroristic threats and unusual behavior. The issues grew when officers in the Palisades Park police department, who Chun said were friends with his wife's ex-husband, also started to retaliate against him, the suit stated.
Chun filed a tort notice, a notice of intent to sue, in August 2022 and was put on administrative leave pending a psychological evaluation the same week.
He was cleared to return to work after his fitness for duty evaluation the next month and mandated to take 12 therapy sessions, according to the lawsuit.
Chun filed another tort notice in October 2022 and was again placed on administrative leave two days later and mandated to undergo another fitness for duty evaluation. "This intentional act caused extreme stress onPlaintiff’s wife and their marriage while his wife was pregnant," the lawsuit said.
Chun returned to duty that November followed by having two internal affairs complaints filed against him and a promotion in rank canceled.
More: Palisades Park ex-deputy administrator was fired for not being Korean, lawsuit says
Last August, Chun was placed on administrative leave after being charged in Hasbrouck Heights for a simple assault incident that involved his wife.
After the charges were dismissed and expunged, the lawsuit said Chun was entitled to immediate reinstatement and retroactive pay and benefits under statutory law.
"(Chun) has been refused his statutory rights as further discrimination and retaliation by defendants," the lawsuit says.
The lawsuit lists five counts including retaliation and discrimination, creation of a hostile work environment, and failure to promote based on ethnic and racial discrimination.
This article originally appeared on NorthJersey.com: Palisades Park NJ police officer lawsuit claims retaliation
