EDISON, NJ – A New Brunswick man has filed a federal civil rights lawsuit against Edison Township and its police department, alleging false arrest, assault, and violation of his constitutional rights. Carlton R. Brathwaite is seeking $5 million in damages.
The lawsuit, filed last fall, claims that on October 6, 2023, at approximately 1 a.m., Brathwaite was sitting in a legally parked car with his brother on Redwood Avenue, discussing family matters. The lawsuit states that officers approached the vehicle and proceeded to falsely arrest Brathwaite. He alleges he was beaten, struck with a weapon, forced to the ground, and subsequently jailed.
Brathwaite, who is Black, contends he was racially profiled and harassed. The lawsuit alleges violations of his federal rights related to search and seizure, self-incrimination, and due process. He was charged with obstructing the administration of the law, disorderly conduct, assaulting a police officer, and resisting arrest. These charges were later dismissed in April by Middlesex County Superior Court Judge Colleen Flynn, who, according to the lawsuit, stated the charges did not pass the “smell test.”
Brathwaite’s lawyer, Tyrone Blackburn, has requested the federal court to find the township in default due to the alleged lack of a formal response to the lawsuit. However, Edison’s attorney, in court filings, argues that the township is “entitled to the qualified immunity defense.” This defense protects government officials from liability in civil lawsuits unless their conduct violates clearly established statutory or constitutional rights, and only allows suits where “clearly established” statutory or constitutional rights were violated. The attorney also argues that probable cause existed for Brathwaite’s arrest, which would negate his claims of malicious prosecution and false imprisonment.
The lawsuit further claims that Brathwaite was denied medical treatment after the alleged assault and incarceration, resulting in severe and permanent injuries. Blackburn states that Brathwaite has lost his ability to work as a chauffeur and truck driver due to his injuries, including difficulty sitting for extended periods, headaches, blurred vision, and vertigo. The lawsuit also alleges that the assault caused internal injuries requiring surgery, resulting in significant weight loss.
The lawsuit also cites other instances where Edison police officers are alleged to have made false arrests, engaged in malicious prosecutions, and made racist comments. A scheduling meeting for the case is scheduled for early March. Township officials have not yet responded to requests for comment.
