Case Over NJ State Trooper’s Swiping of Woman’s Nude Cellphone Photos to Proceed Despite Late Notice

A country appeals court docket has dominated that a Monmouth County lady can proceed along with her declare over a 2016 incident involving a New Jersey State trooper—who pulled her over, downloaded from her cellular telephone nude pics intended to document her weight, and disseminated the photos without her knowledge or consent. The lady—who became in therapy for intellectual and personal troubles, she claims—alleged the incident put her over the brink, causing her to spiral deeper into despair and tension to the point she couldn’t leave her residence or take care of herself.

On Tuesday, an Appellate Division panel affirmed a judge’s decision to permit plaintiff Marielle Kuczinski, 27, of Millstone, which will file a late tort claim, be aware below the New Jersey Tort Claim Act against the state of New Jersey, the New Jersey State Police and the in view that-fired trooper, Marquice D. Prather. “Defendants contend the judge abused his discretion in locating plaintiff hooked up excellent instances that avoided her from filing a well-timed tort claim be aware,” Appellate Division Judges Michael J. Haas and Thomas Sumners dominated within the instep with curiam choice Wednesday.

“We disagree and verify primarily based upon the judge’s credibility findings and considerate reasoning in his oral selection that defendants have been no longer prejudiced with the aid of the overdue filing and that plaintiff’s medical situations warranted terrific circumstances for filing a past due to tort claim.”

The case turned into argued Jan. 22 on appeal from Middlesex County Superior Court. Christopher J. Riggs, Deputy attorney, preferred, represented the defendants, contending that Kuczinski did not present any significant instances according to the statute to warrant her submitting an untimely tort declare note. Leland Moore, spokesman for the state Attorney General’s Office, declined comment Wednesday. Attorney Fredrick L. Rubenstein of James P. Nolan and Associates in Woodbridge represented Kuczinksi.

“Obviously, Marielle and I are very thrilled,” Rubenstein stated Wednesday in a telephone interview.  “Unfortunately, Marielle had been present process therapy for nonrelated matters, and this example with the kingdom trooper and kingdom of New Jersey critically irritated and exacerbated the problems she was having.

“Marielle turned into violated in unspeakable approaches through this trooper, and the state of New Jersey ought to have recognized he turned into undertaking behavior that becomes inconsistent with serving and shielding the general public,” Rubenstein introduced.