Jackson Township, Mayor Jennifer Kuhn was placed in default after failing to respond to a retaliation lawsuit accusing township officials of targeting a code enforcement officer, though a judge later allowed the case to move forward.
JACKSON, N.J. — Jackson Township and Mayor Jennifer Kuhn were placed in default by Ocean County Superior Court after failing to timely respond to a lawsuit alleging township officials retaliated against a veteran code enforcement officer who cited Kuhn for municipal ordinance violations.
The default was entered after plaintiff David Visconi requested the court act on the defendants’ failure to answer the complaint. Days later, attorneys representing the township successfully persuaded a judge to vacate the default and restore the case, which now faces a pending motion to dismiss scheduled for oral argument later this month.
Township failed to answer lawsuit before default
Court records show Visconi filed suit in February, alleging township officials retaliated against him after he cited Kuhn for code violations involving her Jackson Township properties while she was a private resident and later a Township Council member.
On May 6, Visconi’s attorney requested entry of default, asserting that Jackson Township and Jennifer Kuhn had failed “to file an Answer or otherwise defend” against the lawsuit. The court entered default against the township, Kuhn and former Mayor Michael Reina on May 13.
Retaliation allegations span several years
According to the complaint, Visconi alleges the conflict began after he issued code enforcement violations against properties owned by Kuhn while she was a private citizen and later a member of the Jackson Township Council. The lawsuit claims Kuhn became angered by the enforcement actions and used her growing political influence to target the code enforcement officer rather than challenge the citations through the normal administrative process.
The complaint alleges Kuhn repeatedly filed complaints against Visconi, pressured township administrators to discipline him, interfered with his job duties, and sought to undermine his credibility within the department. Visconi contends the alleged campaign intensified after Kuhn became mayor, resulting in increased scrutiny of his work, disciplinary actions, a hostile work environment, and repeated threats that his position would be eliminated or his employment terminated.
Visconi further alleges Jackson Township officials, including former Mayor Michael Reina, failed to protect him from the alleged retaliation and instead allowed it to continue. The lawsuit claims the township violated New Jersey’s Conscientious Employee Protection Act, the New Jersey Law Against Discrimination, the New Jersey Civil Rights Act and other employment protections by permitting what Visconi describes as years of retaliation for carrying out his official duties as a code enforcement officer.
The defendants deny the allegations and have moved to dismiss the complaint.
Judge restores defendants’ opportunity to respond
On May 14, attorneys for the township filed a motion asking the court to vacate the default and permit a late response. Judge Robert E. Brenner granted that request on June 5, allowing the defendants to file responsive pleadings.
Now, after the default was vacated, the township is seeking dismissal of the complaint for failure to state a legal claim. Oral argument on that motion is scheduled for July 31.
As with all civil litigation, the allegations contained in the complaint are claims made by the plaintiff. Jackson Township, Jennifer Kuhn and Michael Reina deny liability, and the court has not ruled on the merits of the case.
Key Points
- Jackson Township, Mayor Jennifer Kuhn and former Mayor Michael Reina were initially placed in default after failing to timely respond to a retaliation lawsuit.
- The lawsuit alleges code enforcement officer David Visconi was retaliated against after issuing municipal code violations against Kuhn.
- A judge later vacated the default, and the defendants are now seeking dismissal of the lawsuit.
Related: Jackson Township, Jennifer Kuhn, Michael Reina, David Visconi, Conscientious Employee Protection Act, New Jersey Law Against Discrimination, New Jersey Civil Rights Act, Ocean County
