$625,000 Accord Ends Suit Over Ex-Prosecutor's Order for Psych Test of Employee
A $625,000 settlement has been reached in a suit that claimed former Bergen County Prosecutor John Molinelli sent an employee of his office for involuntary commitment to a psychiatric facility as a favor to the worker's romantic rival.
May 08, 2018 at 04:47 PM
4 minute read
A $625,000 settlement has been reached in a suit that claimed former Bergen County Prosecutor John Molinelli sent an employee of his office for involuntary commitment to a psychiatric facility as a favor to the worker's romantic rival.
Molinelli sought a 72-hour evaluation for Barbara Harrington, a data processing employee of the prosecutor's office and 30-year veteran, in 2012, the suit claims. Harrington was taken by department employees to Bergen Regional Medical Center after a longtime friend of Molinelli, Patricia Speake-Martin, asked the prosecutor to fire her, the suit claimed.
But doctors discharged Harrington after three hours, finding she posed no danger to herself or others, the suit claimed. A month later, the prosecutor's office ordered Harrington to undergo a fitness-for-duty evaluation with a New York psychologist, Azariah Eshkenazi. But that doctor likewise found she posed no danger to herself or others, the suit claimed.
Speake-Martin, a neighbor of Molinelli in Woodcliff Lake, New Jersey, and his former law firm colleague, resented Harrington because she was living with Speake-Martin's estranged husband, David Martin, the suit claimed. Molinelli sought the evaluation of Harrington after she said in a text message to Martin's three children that he had been in an accident, although there was no accident. Harrington sent the erroneous message because of a malfunction of the voice recognition feature on the mobile phone she was using, and she promptly straightened out the confusion, the suit claimed. But Speake-Martin called Molinelli to complain about Harrington's actions on the night the message was sent.
“We believe this was at her bidding,” said Anthony Rainone of Brach Eichler in Roseland, New jersey, who represented Harrington. “What was undisputed was that Patricia picked up the phone and called John that evening. John only acted because she called,” said Rainone.
Molinelli and Speake-Martin both worked at the firm of Maycher & Molinelli from 1985 to 1991. Later, from 1996 to 2002, Molinelli worked as the borough attorney for Woodcliff Lake, a period when Speake-Martin did stints as municipal prosecutor and public defender. Molinelli served as Bergen County prosecutor from 2002 to 2016. He did not respond to a request for comment about the case.
Harrington was on paid suspension from her job until December 2012 and was on unpaid suspension until May 1, 2013, when she resigned. Her suit, filed in September 2014, brought claims under the Fourth and Fourteenth Amendments, and claimed violations of her rights under the New Jersey Civil Rights Act.
The settlement, executed Monday, came after a conference with U.S. District Judge Stanley Chesler. Bergen County reached the settlement on behalf of the county prosecutor's office, Molinelli and several other county employees. Speake-Martin was not party to the settlement but the suit against her was dropped.
”Ms. Harrington's social and professional world for nearly 30 years was her employment at the Bergen County Prosecutor's Office, where, by all accounts, she was liked and respected,” Rainone said. “The plaintiff alleged that Molinelli's unconstitutional actions deprived her of most people's basic desire—a place to go to work to every day.”
Bergen County Counsel Julien Neals confirmed the settlement, adding that the county made no admission of liability. The settlement was reached in consultation with the prosecutor's office, which felt comfortable with the terms, Neals said.
Speake-Martin's lawyer in the case, Fred Pisani of Ramp & Pisani in Tenafly, New Jersey, said the claims against his client in the case were “baseless,” and that she did not contribute toward the settlement. He added that Speake-Martin “vehemently denied and vigorously defended the claims from the beginning” and that she was “saddened that her family had to go through this.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllVirtua Drug Tests Pregnancy Patients Without Consent, NJ Attorney General Alleges in New Suit
3 minute read'Bewitched by the Technology': $300K to Settle Faulty Facial Recognition
4 minute readDOJ, New Jersey Judiciary Settle Over Language Access Discrimination Allegations, Retaliation Against Court Employee
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250