A federal civil rights suit filed by a former NYPD sergeant demands $10 billion in compensation. John Marchisotto says New Jersey law enforcement and court officials retaliated against him by confiscating his firearms through unwarranted temporary confiscation orders.
Marchisotto says that the defendants intentionally violated his First, Second, Fourth, Sixth, and 14th Amendments. MARCHISOTTO v. MALIK et al (3:20-cv-20426) names 33 defendants including Middlesex County, the State of New Jersey, New Jersey State Police, and Middlesex County Sheriff’s Office.
The plaintiff says the execution of the “false TERPO petition” was because of various lawsuits he filed against the State of New Jersey, Middlesex County, the judicial and non-judicial defendants. New Jersey passed the Temporary Extreme Risk Protection Order Act (TERPO), commonly referred to as “Red Flag laws” in 2018.
The confiscation order was obtained after Judge Alberto Rivas, who Marchisotto accuses of being a serial woman abuser alleged that the plaintiff threatened him with a gun in the courthouse.
The accused judge filed an alleged False Judicial Incident report related to a lawsuit filed against him (MARCHISOTTO v. RIVAS et al (3:19-cv-21440)). Detective Mudduser Malik alongside other officers conducted an “unlawful and retaliatory investigation” to allegedly harass the plaintiff.
Judge Guy P Ryan signed a “false and retaliatory TERPO petition” to search the plaintiff’s home, intimidate him, and interfere with the federal lawsuit, according to the claim.
“In the first place, getting a gun into a courthouse is very difficult, unless you are an officer of the court. As a retired police officer, I have more sense than to take a gun into a courthouse. I’d certainly never threaten anyone!” Marchisotto said. “The judge filed a complaint and 100’s of police officers swarmed my home, terrifying my wife and minor children.”
The former NYPD sergeant says although his demands appear excessive, the lawsuit is not about money but sending a message to the “New Jersey Courts run by clown judges, who believe they are above the law." The complaint adds that the plaintiff is ready to donate every penny to charity.
Surprisingly, a confiscation order was requested but no actual criminal charge was pursued. This is because charging Marchisotto with a felony would have required due process and proving the allegation in a court beyond reasonable doubt.
The accuser would also be held liable for filing a false report if an actual investigation determined that he deliberately lied.
However, by requesting a TERPO, the accuser could deliberately file a false report and face no consequences. Additionally, the order would still be executed without due process. Consequently, extreme risk protection orders are a convenient method of exploiting the justice system to settle a personal vendetta or intimidate others.
Enjoy reading our articles on the latest Second Amendment news? Consider investing in Lone Star Gun Rights to give us the resources to continue providing important updates. The 2021 Legislative Session is just around the corner! We have already been meeting with legislators and their staff to promote pro-2A bills. Your investment in us helps us get results for you.
Donate to LSGR - https://www.lsgr.live/donate
Become an LSGR Member - https://www.lsgr.live/join
Sign Our Petition - https://www.lsgr.live/petition