This city just disgusts me. I am left speechless.

Widow of Jersey City police detective files federal suit against city and chief of police

Updated: Wednesday, August 17, 2011, 9:08 AM
By Michaelangelo Conte/The Jersey Journal

A state appellate court has affirmed that the widow of slain Jersey City Police Detective MarcAnthony DiNardo waited too long to sue the city and Police Department, but she has now filed a federal suit.

?I feel more confident dealing in the federal court system in terms of how they assess actions and responsibility in regard to anyone in Hudson County,? D. Gayle Loftis, the Hackensack attorney representing Mary DiNardo and the couple?s three children, said yesterday.

On July 16, 2009, DiNardo was among five officers shot while searching a Reed Street building for armed robbery suspects Hassan Shakur, 32, and Amanda Anderson, 22. Both suspects were killed and DiNardo, the only officer fatally wounded, died five days later.

Barring extraordinary circumstances, Mary DiNardo had 90 days to give notice that she intended to sue, but she did not file the $10 million notice of tort until June 2010.

She argued the delay was due to her emotional distress and because the Police Department refused to give her a copy of its report on the fatal shooting of her husband. Loftis said police ?stonewalled? the widow and still have not given her the report.

The notice alleged DiNardo died because his unit was not properly trained, the Police Department did not have procedures in place for the situation, didn?t follow procedures, failed to establish proper chain of command, failed to provide proper safety gear, and tactical decisions were made by someone untrained to do so.

Last Aug. 30, Hudson County Assignment Judge Maurice Gallipoli stated in his ruling on the widow?s motion to file late that her ?understandable grief . . . does not equate with extraordinary circumstances.?

He also pointed to several newspaper articles showing the widow appearing at various events after her husband?s death. On Aug. 10, an appellate court affirmed Gallipoli?s ruling.
Yesterday, Loftis said she has filed a civil suit in federal court against the City of Jersey City, Police Chief Tom Comey and ?persons who supervised and directed others to take actions regarding police supervision and training.?

The suit alleges they deprived DiNardo of his life and liberty without due process, deliberate indifference, conspiracy and other offenses, Loftis said.

The federal suit does not state the amount being sought.
Comey said yesterday in a statement: ?We disagree completely with the allegations made by the attorney for Mrs. DiNardo and as this matter is still in litigation we are not going to comment any further other than to say that when all of the evidence and facts are presented, the city?s position will once again be affirmed.?

The state Assembly is set to vote on a bill Monday that would expedite the payment of accidental death pension benefits for the families of fallen police and firefighters.

The bill, sponsored by Assemblywoman Joan M. Quigley, D-Jersey City, stems from the nearly three-month wait endured by the widow of Jersey City Detective Marc Anthony DiNardo, who was killed after being shot in July in a shootout on Reed Street.

For full story: http://www.nj.com/hudson/index.ssf/20 ... to_hear_pension_bill.html