A mistaken warrant, six days in jail and two strip
searches
Man sues Burlington and Essex for what he
calls 'a very degrading experience'
Friday, March 28, 2008
BY GUY STERLING
Star-Ledger Staff
The ordeal began with a simple traffic stop.
Albert Florence and his wife were cruising Route 295 in
Burlington County when a state trooper pulled them over for
speeding.
Although he was a passenger, Florence owned the SUV, and when the
trooper ran his identifica tion through the computer, he turned up
an outstanding warrant for an unpaid fine out of Essex County.
Florence produced documentation to show the trooper that the fine
had been paid two years earlier, but to no avail. He was taken to
the Burlington County Jail, where he said he was strip- searched and
held for six days. When Essex County officials picked him up, he was
transported to their jail, where he was again forced to disrobe.
"It was a very degrading experience," Florence, 32, a finance
direc tor at an auto dealership who lives in Bordentown, said of the
2005 in cident yesterday. "No human being -- black, white, red or
blue -- should be put through that kind of treatment."
To that end, Florence and his lawyer called a news conference in
Newark yesterday to announce a class-action lawsuit seeking to end
strip searches for prisoners held on nonindictable offenses --
things like traffic violations, loitering and public drunkenness.
Last week, a federal judge in Camden gave Florence's legal claims
against the two counties, some of their elected leaders and jail
officials a boost by ruling the case can proceed on behalf of an
estimated 7,000 plaintiffs.
Susan Chana Lask, Florence's lawyer, said the case started out
strictly as a false arrest and unlaw ful imprisonment suit on behalf
of Florence. But it was broadened when she realized there were thou
sands of other men and women strip-searched at jails in Burlington
and Essex counties, even though they were accused of nonindictable
offenses with no indication they were carrying drugs, weapons or
other contraband.
She conceded that the trooper -- who was simply reacting to what
appeared to be a legitimate warrant -- had done nothing wrong. But
she denounced jail officials.
"I've never seen two counties fight an obvious wrong like these
two," said Lask, whose practice is in New York. "But the law is very
clear -- they shouldn't be doing what they're doing."