A federal judge dismissed a wide-ranging civil rights lawsuit accusing the Livingston Police Department of constitutional violations, finding the complaint failed to state a legally viable claim.
Newark, NJ – A federal judge has dismissed a civil rights lawsuit filed against the Livingston Police Department, rejecting claims that officers and municipal policies violated a New Jersey father’s constitutional rights during a years-long family dispute.
In a memorandum order, U.S. District Judge Evelyn Padin granted a motion to dismiss filed on behalf of the Township of Livingston, which appeared as the proper party after the complaint named the Livingston Police Department.
Lawsuit alleged constitutional violations
Plaintiff Daniel M. Risis, who represented himself, alleged the department’s policies and actions violated his rights to free speech, equal protection and due process. He also asserted claims under the federal civil rights statute, civil RICO law, and several New Jersey common law causes of action.
According to the complaint, Risis claimed local police failed to enforce custodial interference laws involving his children, conducted warrantless intrusions, fabricated complaints, wrongfully seized property, and failed to adequately train officers. He also alleged a conspiracy involving multiple public officials and agencies.
Earlier in the case, the court dismissed claims without prejudice against several other defendants—including former U.S. Sen. Robert Menendez, Gov. Mikie Sherrill, the Essex County Prosecutor’s Office, the New Jersey Department of Children and Families, the Family Court of Essex County, and several private individuals—after they were not served within the time required by court rules.
Court dismisses remaining claims
Judge Padin concluded the complaint failed to state claims upon which relief could be granted and dismissed the remaining claims against the Township.
The opinion addresses only the legal sufficiency of the allegations and does not determine whether the underlying factual claims are true. The court’s ruling also does not constitute a finding that any alleged misconduct occurred.
Key Points
- A federal judge dismissed a civil rights lawsuit against the Livingston Police Department.
- The plaintiff alleged constitutional violations, discrimination, civil rights violations and other claims stemming from a family dispute.
- The court ruled the complaint failed to state legally sufficient claims against the Township of Livingston.