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A federal judge has dismissed one aspect of a Northfield man's lawsuit against the Northfield School District and Board of Education - although his attorney has since filed a second, amended complaint that still names the district as defendants, along with the Northfield Police Department and Patrolman Martin Peary.

Daniel Rothman claims, in his suit, that Peary "initiated a physical altercation" after Rothman parked his car in a fire lane in front of the Northfield Community School in January. All defendants involved have denied the claims in briefs filed with the court last week.

Rothman, who faced criminal disorderly conduct charges from the incident that have been dismissed, claimed he parked in the fire lane only due to a lack of handicapped parking - the basis for the first part of his complaint against the district.

As for the second part - that the district failed to provide adequate traffic control on school grounds, which in turn led to police officers being stationed there during drop-off hours, which in turn led to his alleged altercation with Peary - U.S. District Judge Joseph Irenas dismissed it, ruling that there was no basis for his claims.

"It is difficult for this court to envision a state of facts in which a school board is responsible for training a police officer in handling traffic congestion," Irenas wrote. "It is equally difficult for the Court to posit a legally sufficient connection between traffic congestion at a school and an altercation between a police officer and a parent over the improper parking of the parent's car."

Rothman is seeking unspecified damages for "constitutional violations and the exacerbation of his physical injuries." Rothman's attorney, Arthur Murray, said he expected depositions of both Rothman and all defendants to be finished by the end of December, with discovery to be completed by Jan. 31.

Regarding the other two federal lawsuits involving the Northfield Police Department:

In the complaint, Foxworth and attorneys Andrew F. Erba and Gerald J. Williams claim that Ramsi "falsely arrested and caused Mr. Foxworth to be maliciously prosecuted, in violation of his rights under the Fourth and Fourteenth amendments of the Constitution" following a DWI arrest at a sobriety checkpoint on Nov. 27, 2008.

A Breathalyzer test 15 minutes later resulted in a blood-alcohol reading of 0.00 percent. In addition, no blood or urine was taken for drug testing as no drug-recognition expert was available, although it was unclear if drug use was ever suspected.

Ramsi denied Foxworth's claims in a brief filed with the court in August.

Lawton is seeking punitive and exemplary damages stemming from "severe personal injuries" and a loss of employment due to a June 29, 2008, incident at an Atlantic City McDonald's, during which, the suit claims, an off-duty Mitchell kicked Lawton in the face while handcuffed.

The defendants denied Lawton's claims in briefs filed with the court in August and September.

Contact Steven Lemongello:

609-272-7275

SLemongello@pressofac.com

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