FIRE , from Page 1 and John Michael Warren , plaintiffs-respondents , v . town of Hammonton , Defendant-Appellant .
The decision from Judges Messano , Hoffman and Suter overturned the 2018 decision that awarded the men $ 80,000 and $ 85,963.06 in attorney ’ s fees and costs , according to the appellate division decision . Town solicitor Michael J . Malinsky represented the town and
One Sindoni Lane , Suite C , Hammonton ( 609 ) 270-7886 • www . meadowsbridalshop . com
Louis M . Barbone from Jacobs & Barbone , PA represented the firemen .
[ See The Gazette ’ s report from April 28 edition ]
The Gazette called and emailed Barbone on April 22 and did not hear from his office until April 28 .
In its email of April 22 , The Gazette asked Barbone the following questions :
“ 1 . In 2018 you stated , ‘ Anybody who violates the rights of an
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individual under the color of state law is liable of damages if they deprive someone of their civil rights ,’ Barbone said .
“ Do you feel that the Appellate Division missed or did not see the violation of civil rights ?
“ 2 . In the decision , it was written , ‘ Plaintiffs fail to cite a single case in which a class-of-one equal protection claim was successfully brought in the sphere of public employment , and we found none .’
“ Do you think this is a fair statement ? Did you cite a case either on this level or in the prior trial ?
“ 3 . They also wrote ‘ Plaintiffs ’ retort to this was and continues to be that they are not public employees .’ The Hammonton Fire Department is not paid as we know .
“ Do you think the gray area of being ‘ quasi-public in nature ’ could lead to other issues in the future for other volunteer departments in the state ?
“ 4 . Will the firemen appeal to the Supreme Court of the State ?”
Barbone ’ s email from April 28 reads as follows :
“ I have your email of April 22 , 2021 and enclose here a copy of Plaintiffs ’ Notice of Petition for Certification to the Supreme Court of New Jersey . Because this is a case of first impression , there is no precedent deciding the applicability of a class-of-one equal Protection claim that exists . As you
Wednesday , May 12 , 2021 • The Hammonton Gazette • Page 3
Barbone : Appeal for firefighters will be made to NJ Supreme Court
noted , the Appellate Division commented that ‘ Plaintiffs fail to cite a single case in which a classof-one equal protection claim was successfully brought in the sphere of public employment , and we found none .’ That statement misapprehends the nature of the claim asserted and proven by the Plaintiffs herein .
“ This case was always about two , separate and independent constitutional violations . The first was found to be true by the trial court , as well as the Appellate Division — the Town violated the Plaintiffs ’ right of due process . Defendant argued vociferously that these Plaintiffs had absolutely no rights to any charges or hearing before Town government . In the Defendant ’ s view , the Town could do anything and everything it wanted to without any of the most basic protection accorded to any citizen . The right to know the charges against them and the right to a hearing on those charges before an impartial tribunal . Both the trial court and the Appellate Division found without question that the Town violated those due process rights and the trial court ’ s entry of initial restraints mandating charges and a hearing were mandated . Plaintiffs won that threshold battle .
“ The trial proceeded with extensive testimony and proof that while these plaintiffs were quasipublic employees , namely volunteer firemen , the violation of their rights far exceeded action against them in their official capacities . Beyond suspending the Plaintiffs , the Town did , by and through its Mayor and Council , prohibit them from and evict them from their own real property , the firehouse , and deprive them of their right to of their right to engage in their social memberships within the Fire Company . The damage and injury therefore was far in excess of the right of any employer to impose a suspension or discipline on an employee , and eviscerated private and personal rights of association and membership having nothing to do with their employment . All of it was left unaddressed by the Appellate Division ’ s Final Judgment . For those reasons , Plaintiffs intend to pursue review and appeal with the Supreme Court of New Jersey on fundamental issues of first impression ,” the letter Barbone sent to The Gazette read .
The letter that was emailed to The Gazette was signed by Louis M . Barbone .
The copy of the “ Plaintiffs ’ Notice of Petition ” was sent to The Gazette via email from Barbone on May 3 . The petition reads as follows : “ TAKE NOTICE that Plaintiffs / Respondents hereby seek Certification pursuant to R . 2:2-
See PETITION , Page 14
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