Newark, NJ – A federal judge has thrown out the constitutional claims of Asa Yohananov, who sued Byram Township police officers, supervisors, and the township itself after repeated disputes with a neighbor and what he viewed as inadequate police responses.
According to court filings, Yohananov frequently called local police seeking intervention in disagreements with a neighbor but grew frustrated with how officers handled the situations. He filed suit under 42 U.S.C. § 1983, alleging violations of his due process rights, and also brought a state-law claim for intentional infliction of emotional distress.
The defendants, including Officer Todd Sodano, Sergeant Brian Moreland, Chief Kenneth J. Burke, the Byram Township Police Department, and the township, moved for summary judgment.
In an opinion and order, U.S. District Judge Michael E. Farbiarz ruled that Yohananov’s federal due process claim could not proceed. The court explained that neither substantive nor procedural due process protected Yohananov from his dissatisfaction with police responses to neighborhood disputes. Citing established precedent, the judge noted that due process does not guarantee a particular level of police protection or response.
As for the state emotional distress claim, the judge declined to retain jurisdiction, leaving Yohananov the option to pursue that claim in New Jersey state court.
The ruling ends the federal case, with the court making clear that disagreements with a neighbor and perceived shortcomings in local police responses do not amount to a constitutional violation.
