COURTS

South Amboy man alleges Middlesex County jail guards pepper-sprayed his genitals

Nick Muscavage
Courier News and Home News Tribune

Editor's note: This story contains graphic descriptions.

NEW BRUNSWICK – A South Amboy man alleges Middlesex County jail guards mistreated him, including pepper-spraying his genitals, in a lawsuit filed earlier this month.

Mark Coleman is suing the Middlesex County Adult Correctional Center and its warden, Mark Cranston, the County of Middlesex and the county Department of Corrections for the alleged mistreatment during a 2017 booking procedure.

Coleman, 29, was arrested by Edison police in the early morning of Sept. 27, 2017, according to the lawsuit, filed in Middlesex County Superior Court on Feb. 2.

Court records indicate Coleman was charged with aggravated assault on a law enforcement officer and obstruction of administration of law.

A cell inside the Middlesex County Adult Correctional Center.

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Following the arrest, Coleman was taken to the jail in North Brunswick where he was subjected to "excessive and unreasonable force," according to the lawsuit. 

"Despite the fact that there was no particularized reasonable suspicion that he possessed drugs, weapons, or other contraband," the lawsuit states, "Coleman was nevertheless strip searched before he was to see a judicial officer at his first appearance, and/or arraigned, or given the opportunity to contest his detention.”

Once stripped, guards pepper-sprayed Coleman in the face and genitals, the lawsuit alleges, and he was "forcibly" removed from the processing area.

During his removal, guards "again used excessive and unreasonable force upon plaintiff Coleman causing his ankle to break," the lawsuit alleges.

Guards brought Coleman to a cell, without any clothing, and left him there until he was taken to see a judge, the lawsuit states.

Coleman, who, according to the lawsuit, also had bruised eyes and a sustained burning throughout his body and genitals, requested Aspirin for his pain but the jail staff “outright refused."

Before being taken to see the judge, Coleman’s ankle had "swelled up significantly causing him severe pain," according to the lawsuit. The swelling and severe pain inhibited Coleman’s ability to walk, the lawsuit alleges.

Coleman requested transport via wheelchair to see the judge, however, the jail staff outright refused this request, too, according to the lawsuit.

Later that morning and into the afternoon, Coleman was released and immediately sought medical treatment at the Bayshore Community Hospital in Holmdel, according to the lawsuit. An X-ray revealed a fractured fibula, the lawsuit states.

Coleman alleges the defendants, including jail Capt. Robert Grover Jr., failed to properly ensure his welfare, safety and security. He also alleges their conduct was "outrageous, negligent, reckless, deliberate and willfully indifferent" to his welfare.

Coleman's attorney, Hillsborough-based Kevin Flood, said his client’s charges were downgraded to municipal court and settled there.

Flood, in the lawsuit, lays out 11 counts against the county, the jail and its employees, including negligence, failure to intervene, excessive force and strip-search in violation of the right to be free from unreasonable searches and seizures under the New Jersey Constitution.

The Middlesex County counsel's office, which handles lawsuits filed against the counties' public agencies, declined comment citing policy prohibiting discussing pending litigation.

Coleman is seeking damages, attorneys’ fees and costs.

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Staff Writer Nick Muscavage: 908-24306615; ngmuscavage@gannettnj.com