E345 July 28

E345 July 28, 2010 1. Reminder Invite: Happy Hour, Open House, Client & Community Appreciation Social. Open to the public Friday, July 30, 2010 4­7 PM Kenneth Vercammen Law Office 2053 Woodbridge Avenue, Edison, NJ 08817 732­572­0500 Thank you to the many persons I've had the pleasure of meeting at community activities, running races, Bar Association events and educational seminars over the past 25 years. You are invited to our 25th Anniversary Party.

RSVP ­Yes, We will be attending the party

Name: _____________________________ email: ____________________________

2. Recent cases: PTI dismissal does not automatically permit civil suit. Bustamante v. Borough of Paramus __ NJ Super. ____ (App. Div. 2010) A­1869­08T2 (05­07­10) Plaintiff's complaint alleging violations of 42 U.S.C.A. §1983, and common law assault and battery, was dismissed pursuant to Rule 4:6­2(e).

Plaintiff had been indicted for resisting arrest and aggravated assault upon two of defendant police officers. After pleading guilty to resisting, plaintiff entered PTI and all charges against him were dismissed. Defendants argued that plaintiff's civil complaint was barred by the "unfavorable result" of his guilty plea and entry into PTI, relying upon the holding in Heck v.

Humphrey, 512 U.S. 477, 114 S. Ct. 2364, 129 L. Ed. 2d 383 (1994), and

Gilles v. Davis, 427 F.3d 197 (3d Cir. 2005). The trial judge agreed and dismissed the complaint with prejudice. The Appellate Division concluded that plaintiff's civil claims are barred by the disposition of his criminal charges only if a potential verdict in the civil case was inconsistent with the underlying criminal charges. Because plaintiff alleged that the officers continued to assault him after he was in custody, his claims were not barred as a matter of law, and should not have been dismissed pursuant to Rule 4:6­2(e).

3. Assignment Judge can designate other Municipal Court Judges to sign a warrant. State v. Broom­Smith 201 NJ 229 (2010) The Court affirms the Appellate Division’s determination that N.J.S.A. 2B:12­6 and Rule 1:12­3, which address the designation of judges, were broad enough to authorize the Berkeley Township municipal judge to issue the search warrant for defendant’s house in Dover Township under the circumstances presented in this case.

4. Next Legal Seminar Monday, August 9 – Municipal Court Practice CLE Seminar – 4:30 p.m. Topic: 2009­2010 Significant Municipal Court Cases & Other Oldies, But Goodies ­ 2.0 NJ CLE Credits Speakers: William G. Brigiani, Esq. and Kenneth Vercammen, Esq. Place: MCBA Office, 87 Bayard Street, New Brunswick. Cost to attend is $20 for MCBA YLC Members, $25 for MCBA Members and $50 for all others. To RSVP online or print out a registration form click here – August 9th Mun Ct Seminar 5. Speakers Bureau

If you are interested in having an Attorney from Kenneth Vercammen & Associates speak at an event, please the Law Office at 732­572­ 0500 or kenvnjlaws@verizon.net