NJ Suit Alleges Malicious Prosecution and RICO Violation

A former employee of the Bayonne Fire Department’s fire prevention bureau has filed suit claiming he was falsely charged and maliciously prosecuted by the city because he refused to cooperate with an investigation into another employee. Richard Roszkowski filed suit against the city, the fire chief, the city business administrator, and a police officer alleging civil rights violations, malicious prosecution, abuse of process, fraud, conspiracy, and violation of New Jersey’s RICO Act.

The suit was filed in US District Court for the District of New Jersey. The complaint alleges as follows:

• Plaintiff Roszkowski worked in Fire Prevention under the City of Bayonne Fire Department.
• Defendant Keith Weaver was the supervisor within Plaintiff’s supervisor chain. Weaver was/is the Chief of the City of Bayonne Fire Department.
• Likewise, Individual Defendant Donna Russo held the position of Business Administrator for the City of Bayonne, at all relevant times.
• Defendant William Dundas works for the City of Bayonne Police Department, and was responsible for unlawfully arresting Plaintiff Roszkowski on October 25, 2022.
• These charges drafted, filed, served, and arrested by Dundas were dismissed with prejudice, no evidence of a crime committed, on March 29, 2023.
• Plaintiff Roszkowski’s job included setting up Fire Inspections, as well as collating and collecting fines for violation of various codes.
• At one point, Plaintiff was asked by Defendant Russo to speak out against a Deirdre Healey, who Defendant Russo was trying to terminate, and eventually did terminate from employment. Plaintiff Roszkowski refused to be a part of these actions.
• Plaintiff Roszkowski became aware of an investigation of clerical errors that were made and being reviewed through his coworkers on or about October 18, 2022.
• A reconciliation was performed on or about October 21, 2022. Battalion Chief Francis Pawlowski, a member of the Fire Department had asked coworker Corrin to investigate the errors. Corrin was the newest employee in Fire Prevention.
• On October 25, 2022 Plaintiff was called in by Defendant Dundas to the Police Department which is within the building at 630 Avenue C. Before sitting down, Plaintiff requested an attorney or at least his AFSCME Union Representative, Donna Russo did not contact AFSCME until after the discussion.
• Defendant Dundas did not mirandize Plaintiff. Dundas disallowed an attorney to be called by Plaintiff.
• Defendant Dundas continued to interrogate Plaintiff in a compelled custodial interrogation.
• Individual Defendants Dundas and Russo defied and violated due process rights of Plaintiff Roszkowski.
• Individual Defendant Dundas claimed, “You’re My Guy,” and promptly advised Plaintiff he was being arrested.
• Individual Defendant Russo advised Plaintiff Roszkowski that he was being immediately suspended without pay from his Civil Service and was provided a Preliminary Notice of Disciplinary Action (PNDA).
• After having to retained Criminal Defense Counsel, the criminal matter was dismissed with prejudiced, for lack of evidence, on March 29, 2023 by the Hudson County Prosecutor.
• Plaintiff Roszkowski requested reinstatement to his employment; Defendants City of Bayonne, and Russo refused to reinstate Plaintiff with back pay. A second PNDA was issued October 30, 2023. A FNDA was issued on November 14, 2024.
• Upon information and belief, on October 25, 2022 Defendant Dundas filed, with the assistance, guidance, and input from Defendant Russo a false criminal complaint alleging that Plaintiff Roszkowski had committed criminal infractions. Defendants Russo and Dundas maliciously, without evidence, standing, filed a false criminal complaint was dismissed with prejudice on March 29, 2023.
• Defendant City of Bayonne (including Municipal Court Judges Ferraro and Cashman), Defendant Weaver, Defendant Russo, and Defendant Dundas’ actions willfully deprived Plaintiff his constitutional right to freedom of speech, and protection from retaliation, and are liable to Plaintiff Roszkowski under the Fourth and Fourteenth Amendments and 42 U.S.C. §1983.
• Plaintiff Roszkowski was injured as a result of the retaliatory actions by Defendants, and continues to suffer emotional distress.
• Upon information and belief, Defendants set forth a plan to amend, change, edit, and retaliate against Plaintiff’s employment, a property right.
• There was an agreement between two or more individuals to commit the fraud.
• Plaintiff has demonstrated that Defendants made material misrepresentations by attesting and claiming in its October 25, 2022 criminal action that was dismissed.
• It is unlawful under N.J.S.A. 2C:41-2(c) for any person associated with any enterprise, the activities which affect trade or commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprises’ affairs through a pattern of racketeering.
• The City of Bayonne is a criminal enterprise within the meaning of N.J.S.A. 2C:41-2(c).
• The named Individual Defendants engaged in pattern of racketeering activity in that at least two predicate acts.
• Individual Defendants conspired with government officials, county, and municipal government, City of Bayonne, and additional co-conspirators, to commit conspiracy against the Plaintiff, as well as to commit violations RICO statute, as well as affected interstate commerce.

Here is a copy of the complaint: