Maplewood resident to sue its police department

Family moves forward with federal lawsuit alleging civil rights violations.

Michael Hill, NYPR | August 16, 2017 | Law & Public Safety

Warning: This article contains language that may be offensive to some.

On the day Jason McDougall would graduate from Columbia High School, his attorney is preparing to sue the city of Maplewood, its police department and its suspended police chief for unspecified damages – alleging civil rights violations, excessive force and more.

McDougall’s attorney Robert Tarver said, “It is alleging that Police Department of Maplewood acted outside scope of their duties and outside of any rational or reasonable behavior.”

On the night of July 5, 2016, Maplewood police came to disperse an “unresponsive” crowd of mostly African American males after the fireworks display.

Police recordings captured Chief Robert Cimino telling his officers to direct the crowd out of town into Irvington described today as a mostly African American town with a 10 p.m. curfew for minors:

Audio Recording of Chief Cimino: “All right, we’re going to send them east.”

Audio Recording of Captain Cummis: “Notify Irvington [police] they are coming down Elmwood towards their town.”

The surveillance video shows an officer shoving Maplewood resident Jason McDougall. Another one shows officers come from behind on McDougall and one kicks him on the ground. Tarver said, “He was punched head no less than 13 times while on the ground and while being restrained by all of these officers.”

Black Parents Workshop chairman Walter Fields said, “He and others were treated like blacks were treated during apartheid in South Africa.”

Tarver says an officer shouted a racial epithet at McDougall. Tarver alleges they said, “Get your nigger ass on the sidewalk.”

Tarver did not want McDougall or his mother to speak today. Maplewood’s mayor declined to comment on the lawsuit, but two weeks ago he condemned what the surveillance cameras recorded.

Maplewood Mayor Victor DeLuca said, “We are appalled by the excessive force used by police officers.”

The overflow crowd cheered when the council unanimously condemned the police chief and demanded his resignation and suspended him and a captain, both unavailable for comment. Six officers have been disciplined but the city has declined to say why or identify for the officers. Advocates still are pushing for a criminal investigation – one by the U.S. Department of Justice and they were asked if they really expect that will happen under this administration.

“Our only expectation of the U.S. Attorney, Department of Justice in Washington is to do your job,” said Fields.

Advocates say what happened more than a year ago makes it necessary for them and the city to work together to reform their police department and improve the public-police relationship.

Fields added, “We are in a moral moment right now in America and there’s no gray area and there’s no hiding place.”