Newark, NJ – A federal judge shut down an independent journalist’s civil-rights lawsuit on Thursday, granting multiple motion to dismiss bids from New Jersey officials and agencies and ending a case that challenged removals from public meetings and a church service.
Court grants Rule 12(b)(6) and abstention arguments
U.S. District Judge Susan D. Wigenton granted motions to dismiss filed by Mayor–State Sen. Brian Stack, State Sen. Paul Sarlo, the City of Union City, the City of Jersey City, and the New Jersey State Police, disposing of Leonard Filipowski’s claims under Section 1983. The opinion cites Rule 12(b)(6) and the Colorado River abstention doctrine as the bases for dismissal.
Incidents at meeting, state hearing, and church underpinned claims
Filipowski, who publishes as “Leroy Truth,” alleged officials suppressed his speech and religious exercise through intimidation, ejections, and criminal complaints. He pointed to a July 16, 2024 Union City Board of Commissioners meeting where he was arrested after refusing to remain at the podium; a February 20 State Senate Judiciary Committee hearing where he was ruled out of order and removed; and a March 2024 church service in Jersey City where officers escorted him out at the pastor’s request.
Immunities and municipal liability defects proved decisive
Defendants pressed Eleventh Amendment and legislative immunities, qualified immunity, and failures to plead Monell liability or state action, along with abstention. Although Filipowski filed no opposition, the court evaluated the pleadings on the merits and concluded the complaint did not state viable First Amendment claims against the named public officials or municipalities. The case was dismissed in full.
Key Points
- Judge Susan D. Wigenton granted dismissal of a §1983 suit brought by an independent journalist against state and local officials.
- The ruling relied on Rule 12(b)(6) and Colorado River abstention; immunity and Monell arguments carried the day.
- Allegations stemmed from removals at a Union City meeting, a State Senate hearing, and a Jersey City church service.
A courthouse shutout leaves the political clash to the court of public opinion.