Justin Montgomery (2018)
On December 22, 2018, Paterson New Jersey Police Department Officers Spencer Finch and Kyle Wannamaker encountered Montgomery and several of his friends, who had just exited a convenience store. According to Montgomery, officers drew their guns and ordered everyone from the vehicle. Finch grabbed Montgomery by a neck chain and pulled him from the vehicle, while demanding to know "where the drugs and guns are". Finch allegedly beat Montgomery with a nightstick or flashlight, breaking his nose, splitting his lip, and knocking out several of his teeth. Montgomery was put in handcuffs that were so tight that he required stitches to close the wounds on his hands.
Montgomery was charged with robbery, resisting arrest, and aggravated assault on a police officer. The charges were downgraded. Montgomery attended a pre-trial intervention program and received a six-month community service sentence.
Montgomery filed an internal affairs complaint against the officers.
On May 22, 2019, Montgomery asked the courts to allow him to file a lawsuit after the 90-day deadline, as his public defender had provided inaccurate advice about the timing.
On November 1, 2019, Montgomery filed a lawsuit in U.S. District Court, alleging that Finch violated his Fourth and Fourteenth Amendment rights by using excessive force and depriving him of due process rights.
As of November 5, 2021, the case in on-going.
Some police documents imply that video of the incident was available.
- Jayed Rahman, Man alleges Paterson police officers broke his nose, knocked out several teeth, Paterson Times, 2019-07-01
- Montgomery v Paterson, U.S. District Court, 2019-11-01
- Montgomery v Paterson Letter Order, U.S. District Court, 2021-11-05
- Joe Malinconico, Paterson cop arrested on misconduct, assault charges, North Jersey, 2021-06-11