What is also public record, and would be in no way a violation of the law, is the case of false imprisonment brought against the
Evansham Township Police Department
, as well as other defamation
charges brought against others, in the case of CIEMNIECKI v. PARKER MCCAY P.A. et al. The link provided to this case will lead you to the actual text
of Federal Judge Robert Kugler's rejection of Evasham Township P.D.'s motion to dismiss. Several defendants were named in the suit, including
The Centtral Record
, a weekly newspaper published in Medford N.J.
The libel charge brought against that newspaper was all that was dismissed, and the remaining charges, including those brought against the Evasham
Township P.D., were left standing. A digested version of that story can be found
A federal judge on Monday refused to dismiss a former Parker McCay law librarian's suit alleging the firm defamed and falsely imprisoned her by
having her arrested on a charge of setting off a fire alarm last year.
Her suit, which also names Evesham Township and its police department, says her arrest was in retaliation for complaining to the firm's human
resources director about getting a small raise and for arguing with her supervisor about her work schedule. Ciemniecki claims she was on the fourth
floor at the time and that the alarm could have been pulled by a participant in one of several contentious groups at the office for mediations and
William Tambussi, who represents Parker McCay, one of the defendants in the suit, had this to say:
Tambussi says if anyone is liable to Ciemniecki, it's the Evesham Township Police Department because it charged Ciemniecki based on a review of
the videotape then available. Evesham and the police have asserted cross-claims for indemnification against Parker McCay.
And of course, the Evesham Township Police Department filed a motion to dismiss based upon "immunity" claims, but those claims were roundly rejected
by federal Judge Kugler. Naturally, you will not find any information, what-so-ever, regarding the false imprisonment suit brought against Evesham
Township P.D. on Facebook. While false imprisonment is a very serious crime, and since a suit has been brought against them, and is a matter of
public record, it goes to show the highly hypocritical nature of this Police Department and their willingness to defame people simply because their
arrest is a matter of public record. If those arrests do not bear any fruit, and wind up getting dismissed in the same way Ms. Ciemniecki's was,
then public record or not, their willingness to use Facebook as a way to "shame"
becomes clear and undeniable defamation.
The police force in Evesham Township, a small town in New Jersey has, for the past six months, had a Facebook page. And on it go the mugshots of
people caught breaking the law: a car thief, shoplifters, and even a child pornographer have all been named and shamed on its wall. It’s a
two-way thing, though–residents can post information up there as well. It’s just announced that it’s adding DUI perpetrators to the list, but
there’s a storm brewing over–you guessed it: privacy.
Township Police Department all ready has a history of false imprisonment, unless they have somehow managed since then to pull of a
perfect arrest/conviction ratio they could very well be facing multiple law suits, and if those suits are alleging false imprisonment, and winning,
then there very well could be criminal charges that follow, regardless of how perfectly legal it may be to publish arrest mugshots simply because they
belong to public records.