HAMILTON TOWNSHIP — Former deputy mayor has put the township on notice that he may sue over a disputed traffic stop.
Charles Cain said Wednesday his attorney filed the tort claim Tuesday in Atlantic County Superior Court because he was targeted by township police officers.
A tort claim is not a suit. Instead, it reserves for a year the right of a person to sue.
At issue is a traffic stop on Jan. 22, 2011, on Clarkstown Road. Cain, who consumed two vodka and Red Bulls at Testa’s Good Guys Pub on Somers Point-Mays Landing Road, pleaded guilty to drunken driving and refusing to take a Breathalyzer test the following month. A judge had refused to throw out the testimony of the two arresting officers.
Cain’s driver’s license was suspended for 10 months and he was fined $562. He also was required to use an ignition interlock device for six months after privileges were restored. Cain lost an appeal in August 2012.
Cain has said all along that he was targeted because the Township Committee announced plans to lay off 11 police officers shortly before the arrest. Peter Burns, one of the arresting officers, lost his job when the township eventually laid off 13 officers.
Cain repeated that assertion Wednesday.
“I wasn’t pulled over because of what I was charged with,” Cain said. “I was pulled over because I make tough decisions for the residents I was elected to serve.”
Cain left the Township Committee after declining to stand for re-election in 2012. He said he looks forward to the civil proceeding.
Cain referred other questions to his attorney Conrad J. Benedetto of Philadelphia, who did not return calls seeking comment. Cain's tort claim was initially announced on local radio broadcaster Harry Hurley’s “Hurley in the Morning” show on Wednesday.
Staff Writer David Simpson contributed to this report.
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