Township Settles Excessive-Force Suit

Gloucester Township has settled a federal lawsuit in which a Winslow Township man claimed a police officer used excessive force against him outside of the Blackwood McDonald's in September 2007. 

The township agreed on Nov. 9, 2011, to pay $20,000 to Eric E. Thompson, of Memphis Court, Sicklerville, according to court documents. 

Thompson, who filed the five-count lawsuit against the township and the police officer through his mother, Rhonda, in October 2009, had been seeking in excess of $500,000.

Thompson claimed in the suit that Gloucester Township Police Ptl. Kevin Thyne used excessive force against him as he approached his parents' car after he had completed a shift at the Blackwood Clementon Road fast-food restaurant on Sept. 9, 2007. Thompson was 17 years old at the time.

The lawsuit states that Thyne "attacked him for no apparent reason and pushed him to the curb," then "dragged (him) to the hood of the police car and threw (him) to the ground."

In court documents, the township countered the allegation by stating that Thompson "failed to comply with instructions from Officer Thyne to step away from the vehicle where Officer Thyne was conducting a motor vehicle stop. (Thompson) then resisted arrest while Officer Thyne was trying to handcuff him."

Thompson claimed in the lawsuit that Thyne used his police radio to cancel an ambulance called to the scene by his parents. The township countered that Thyne, who was promoted to sergeant in November 2010, did not cancel an ambulance, but did respond that one was not necessary when asked by a police dispatcher.

The township refuted Thompson's claim that he "hit his head on the ground several times" during the incident.

In addition to the excessive-force allegations against Thyne, Thompson had accused Gloucester Township of failing to properly train and supervise Thyne, who was hired as a township police officer in January 2005.

Gloucester Township Patch obtained the settlement agreement on Monday after filing a request through the state's Open Public Records Act. 

The $20,000, out-of-court settlement is not an admission of guilt on the part of the township or Thyne.

Police Chief W. Harry Earle would not address the agreement itself, but did email a statement to Patch regarding the September 2007 incident.

"The Gloucester Township Police Department Professional Standards Unit (Internal Affairs) investigated this incident and the investigation found the actions of Officer Thyne were justified, legal, and proper and that he acted within the guidelines, rules, and regulations of the Gloucester Township Police Department. He was exonerated of any allegations of improper action," Earle wrote. "Additionally, the juvenile defendant in this case, who was charged by Officer Thyne with 3rd Degree Resisting Arrest, was tried in Camden County Superior Court, Family Part, and found to be an adjudicated delinquent and sentenced to nine months probation, anger management counseling, and other fines and penalties."

The Thompsons initially filed the lawsuit in Camden County Superior Court on Oct. 8, 2009—more than two years after the incident. It was moved to U.S. District Court of New Jersey, in Camden, in December 2009 at the request of the township and Thyne.

The township and Thyne were represented by Paola Tripodi Kaczynski, of Philadelphia law firm William J. Ferren & Associates.

Thompson's lawyer, Gregg L. Zeff, did not return a message seeking comment on the settlement.

(To view a copy of the settlement agreement, click on the PDF above.)