HOBOKEN – A lawsuit filed by former Hoboken Police Chief Anthony Falco in March 2013 against the City of Hoboken and Mayor Dawn Zimmer has been dismissed, according to a press release by City Spokesman Juan Melli.
Falco’s lawsuit has been “dismissed in its entirety” by Federal Court Judge Madeline Cox Arleo, the press release said.
The lawsuit, which was filed in Federal Court in Newark, claimed that both personal and political grudges led to unfair practices and inappropriate behavior during Falco’s tenure.
The 42-page complaint listed 25 counts of alleged wrongdoing by the mayor, including compensation and insurance issues, “undermining the chief’s authority within the Hoboken Police Department by disregarding the chain of command and the statutory authority of the chief” as well as interfering with hiring and layoff decisions of the Hoboken Police Department.
During proceedings, Falco claimed he was discriminated against because he was part of “Old Hoboken” and because of his connection to a particular Hoboken church. The court ruled in the city’s favor stating that “Old Hoboken’ was not a cognizable political association” and “does not refer to any political class or association at all.”
“I’m gratified that Judge Arleo saw through the smoke blown at the expense of the Hoboken taxpayer and dismissed this frivolous case in full,” said Mayor Dawn Zimmer in a statement. “I hope that Chief Falco will now accept the fair retirement payment offered by the City rather than attempt to revive a lawsuit that has already cost Hoboken’s taxpayers a substantial amount in legal fees.”
Falco, who was a member of the Hoboken Police Department for 42 years, was appointed chief of police in 2009. Recently, current Hoboken Police Chief Kenneth Ferrante took over for Capt. Edelmiro “Eddie” Garcia, who temporarily replaced Falco, who retired from the post in 2014.
“Many of the claims were dismissed ‘with prejudice’ meaning that the claims cannot be re-filed. Several claims were dismissed ‘without prejudice’ meaning that former Chief Falco can attempt to re-file the lawsuit with respect to those items by alleging different facts than he has so far to substantiate his causes of action, or by filing the claims in State Court,” said city officials in the press release.“While it is possible that Chief Falco and his lawyers will take this route, the decision is an important legal victory for the City and its attorney Victor Afanador of Lite Depalma Greenberg, LLC.”
The court didn’t consider the claim related to the church because it was not part of the original lawsuit.
Falco also claimed he was not provided payment upon retirement as a form of retaliation, official said.
“The Chief in fact was provided with a $153,551.19 retirement benefit which after deduction of Federal and State taxes resulted in a net payment of $104,414.81,” the press release said. “Chief Falco chose not to deposit that check and returned it to the City. He then claimed in his court filings that he had received no payment at all.”
Falco may have been attempting to capitalize on a trend of former officials suing the city.
In August of last year, the city settled a wrongful termination lawsuit with Zimmer’s former environmental services director Jennifer Maier, which she had filed against the city. The amount of the settlement, which The Hoboken Reporter obtained through an Open Public Records Act request in February, was $95,000.
Another wrongful termination lawsuit filed in 2010 by former city spokesperson Paul Drexel, who was terminated by the Zimmer administration, was settled in 2012 for $23,500.
In 2013, the City of Hoboken settled a 2010 lawsuit for $99,000 with William James, a black Hoboken police officer who lived in Jersey City at the time. James had brought the suit against Hoboken mayor David Roberts, former Police Chief Carmen LaBruno, and former Director of Public Safety William Bergen for discriminating against him in 2008 when the time came for promotions to the rank of sergeant. In exchange for the $99,000, James dropped the lawsuit and stayed on the force until May 1.
In 2011, The City of Hoboken agreed to pay five Hispanic officers $2 million to settle a discrimination lawsuit filed by the officers in October 2007, according to published reports. The five officers were former members of the city’s now defunct S.W.A.T unit.
Corrections: An earlier version of this story indicated Mayor Zimmer was implicated in the Angel Alicea lawsuit which was not true. Former public safety director Angel Alicea filed a suit against the city claiming he was discriminated against which led to his resignation in April 2011. In addition, it indicated that the city awarded Alicea $625,000 in punitive damages when in reality after an appeal by the city, the city did not pay Alicea the $625,000 in punitive damages.