CAMDEN, NJ – Thursday — A federal judge ruled this week that excessive force and civil rights claims brought by an inmate against several Cumberland County corrections officers can move forward, rejecting parts of a summary judgment request filed by both the officers and the county.
In a 30-page opinion issued Tuesday, Chief U.S. District Judge Renée Marie Bumb denied in part motions filed by Sergeant R. Mendibles, Sergeant D. Govan, Sergeant Hines, Corrections Officer Fazzolari, and Cumberland County in a lawsuit brought by plaintiff Nelson Ortiz. The court found that factual disputes remain regarding Ortiz’s allegations that officers used unconstitutional force during an incident at the Cumberland County Jail.
Ortiz, who filed the civil rights lawsuit in 2021, claims that he was subjected to unnecessary physical violence while incarcerated. He alleges the officers violated his rights under the Eighth and Fourteenth Amendments by assaulting him during a non-combative encounter, resulting in injuries.
Both the officer defendants and Cumberland County filed separate motions seeking summary judgment, arguing that Ortiz’s claims lacked legal or factual basis and should be dismissed before trial. Ortiz opposed both motions, providing his own account of the incident and disputing the defendants’ version of events.
After reviewing extensive briefing and competing factual narratives, the Court determined that a jury could reasonably find in favor of Ortiz on several of the claims. While some counts were dismissed, others—including those related to excessive force—survived.
Judge Bumb wrote that the Court must view the facts in the light most favorable to the non-moving party at the summary judgment stage. Since Ortiz’s testimony directly contradicted the officers’ accounts, and given the physical injuries alleged, those claims require a jury’s evaluation.
The court did not release specifics on which claims were dismissed or retained but confirmed that the matter will now proceed toward trial or possible settlement discussions.
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