A Somerset County jury awarded former Middlesex County Sheriff’s Officer Candice Burgess $3.8 million after she claimed she was unjustly fired for objecting to Sheriff Mildred Scott’s alleged “repeated violations” of law and regulations. Burgess’s lawsuit, filed in February 2020, detailed multiple instances where she asserted Scott intimidated witnesses and covered up charges against employees connected to her friends or political allies. Burgess, who worked for the Sheriff’s Office from August 2005 until her termination on January 16, 2020, held positions including sergeant and chief warrant officer.
According to Burgess’s attorney, Paul Castronovo, “It took five years, but we’re happy justice was finally served. Candice did the right thing by objecting to witness intimidation and she got suspended, demoted, and ultimately fired for it.” The trial, which began on April 14, concluded with the jury’s verdict in favor of Burgess on April 23. The case had been transferred to Somerset County Superior Court.
Middlesex County’s Office of Counsel stated that they “assert that the verdict is against the weight of the evidence presented at the trial” and announced their intention to appeal. Burgess had been assigned to the Sheriff’s Office’s Internal Affairs Department from September 2012 to September 2016.
The lawsuit highlighted several specific incidents:
- Joseph Iko Case (2015): Burgess corroborated allegations from investigator Joseph Iko, who claimed a hostile work environment due to his diabetes and pancreas transplant. After initially supporting Iko, other staffers allegedly recanted their testimony after being interviewed again by different Internal Affairs officers. Burgess objected to Scott, believing the witnesses had been intimidated and the investigation manipulated. Iko eventually won $885,000 in damages in a separate jury trial.
- Failed Drug Test: Burgess claimed that a candidate failed a drug test for methamphetamine, and she advised Scott to report it to the Prosecutor’s Office as required. However, Scott allegedly instructed Burgess not to report the results. When Burgess informed an undersheriff about the “cover-up,” she was told to “leave it alone.”
- Improper License Plate Inquiry (September 2014): An investigator improperly ran a license plate for personal reasons. While the Prosecutor’s Office sustained the charge, Burgess stated she told Scott the Sheriff’s Office was obligated to report it to the FBI’s Criminal Justice Information Services Division, but Scott refused.
- Disposal of Inmate Property (2015): An investigator, whose father was reportedly a political ally of Scott, was charged with improperly disposing of an inmate’s personal property. Burgess sustained the charge, but she alleged Scott directed her to change her finding.
- Sexual Assault Allegation: Shortly after Burgess joined Internal Affairs, an employee reported a sexual assault by a superior officer. Burgess advised Scott that state guidelines required reporting the complaint to the Middlesex County Prosecutor’s Office. However, Scott allegedly instructed that it be handled internally. When Burgess refused, the matter was transferred to an undersheriff who, following Scott’s instructions, deemed the charge unsubstantiated.
- Racial Epithet Incident (2016): Burgess investigated a sergeant for repeatedly using a racial slur. Despite Burgess sustaining the charge, Scott, who had worked with the sergeant’s mother, allegedly told Burgess to find the charge unsubstantiated. Burgess refused, and the sergeant was later promoted to lieutenant.
- Joanne Chesimard Evidence (2016): Scott allegedly asked a sergeant to remove evidence from the Joanne Chesimard case vault and leave it in her office without completing the required chain-of-evidence log.
Following these incidents, Burgess claimed Scott subjected her to retaliatory actions, including a 70-day suspension in 2019 and a demotion from chief warrant officer, resulting in a $31,000 pay cut, before her eventual termination in January 2020. The jury awarded Burgess $3.3 million for lost pay, pension, and retiree health benefits, and an additional $480,000 for emotional distress.
