MON-L-003736-18 10/15/2018 12:50:26 PM Pg 1 of 4 Trans ID: LCV20181795229
Paul Castronovo (Attorney ID # 015651999)
CASTRONOVO & McKINNEY, LLC
71 Maple Avenue
Morristown, NJ 07960
(973) 920-7888
Attorneys for Plaintiff
Jennifer Paglia
SUPERIOR COURT OF NEW JERSEY
JENNIFER PAGLIA, LAW DIVISION – MONMOUTH COUNTY
Plaintiff, DOCKET NO:
v. Civil Action
BOROUGH OF MATAWAN, COMPLAINT AND JURY DEMAND
Defendant.
Plaintiff, Jennifer Paglia (“Plaintiff”), through her attorneys, Castronovo & McKinney,
LLC, files this Complaint and Jury Demand seeking compensatory damages, punitive damages,
attorneys’ fees, and costs of suit from Defendant, Borough of Matawan (“Defendant”), and alleges
as follows:
FACTS
A. Jurisdiction and Venue
1. Plaintiff resides at 354 Hutchinson Drive, Freehold, Monmouth County, New
Jersey.
2. Defendant is a municipal government entity with a principal place of operation at
201 Broad Street, Matawan, New Jersey.
B. Plaintiff’s Employment, Sex Discrimination Lawsuit, and Retaliation.
3. Defendant has employed Plaintiff from September 1998 to the present as a police
officer.
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4. In September 2013, Plaintiff filed a lawsuit in the Superior Court of New Jersey
alleging sex discrimination against Defendant.
5. Plaintiff and Defendant voluntarily resolved her lawsuit in a settlement agreement
signed on February 16, 2016 which required Defendant to pay Plaintiff a settlement within 60 days
(that is, by April 16, 2016).
6. After resolving Plaintiff’s sex discrimination lawsuit, Defendant started a
campaign of retaliatory harassment against her.
7. Between May 7 and August 16, 2016, Defendant issued five notices of discipline
against Plaintiff for alleged “misconduct,” “neglect of duty,” “conduct unbecoming a public
employee,” and various violations of “general duties and responsibilities.”
8. For four of those discipline notices, Defendant sought to suspend Plaintiff for 50
days without pay.
9. Plaintiff opposed those four charges at a hearing conducted on January 30, 2018.
10. After the hearing, the hearing officer hired by Defendant suspended Plaintiff for 16
days.
11. Defendant then suspended Plaintiff without pay for 16 days from September 14 to
October 14, 2018.
12. Defendant did not discipline Officers Eric Otten, Jeffrey Bodner, Andrew Marsala,
and other male police officers for the same or similar alleged offenses.
13. On October 16, 2016, Defendant ordered Plaintiff to submit to a psychiatric
examination to determine her fitness for duty.
14. Plaintiff passed the psychiatric examination and she was determined fit for duty on
October 16, 2016.
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COUNT I
LAD – Retaliation
15. Plaintiff repeats and incorporates the facts alleged in the preceding paragraphs.
16. At all times, Plaintiff satisfactorily performed her job for Defendant.
17. In filing and resolving a lawsuit alleging sex discrimination, Plaintiff engaged in
activity protected by the Law Against Discrimination.
18. Defendant’s unpaid suspension of Plaintiff’s employment and accompanying
retaliatory harassment constitutes an adverse employment action by Defendant.
19. Defendant suspended Plaintiff’s employment and harassed her with discipline
because she exercised her rights under the Law Against Discrimination to assert claims of sex
discrimination against Defendant.
20. Defendant’s actions violate the Law Against Discrimination, N.J.S.A. 10:5-1, et
seq.
21. Defendant’s conduct was willful, malicious and/or especially egregious and done
with the knowledge and/or participation of upper level management, including but not limited to
then-Chief Jason Gallo, former Lt. Ben Smith, among others.
22. As a result of Defendant’s wrongful conduct, Plaintiff has suffered, and continues
to suffer, damages including: back pay, emotional distress, and other damages.
WHEREFORE, Plaintiff seeks judgment against Defendant on the sole count awarding
her compensatory damages, punitive damages, attorneys’ fees, costs of suit, pre- and post-
judgment interest, and all other relief that the Court deems equitable and just.
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CASTRONOVO & McKINNEY, LLC
Dated: October 15, 2018 By:__________________________
Paul Castronovo
Attorneys for Plaintiff
DEMAND FOR TRIAL BY JURY
Plaintiff demands a trial by jury on all issues so triable.
CASTRONOVO & McKINNEY, LLC
Dated: October 15, 2018 By:__________________________
Paul Castronovo
Attorneys for Plaintiff
DESIGNATION OF TRIAL COUNSEL
Plaintiff designates Paul Castronovo as trial counsel in this action.
CASTRONOVO & McKINNEY, LLC
Dated: October 15, 2018 By:__________________________
Paul Castronovo
Attorneys for Plaintiff
RULE 4:5-1 CERTIFICATION
I hereby certify that this matter is not the subject of any other pending civil action or
arbitration proceeding. I further certify that I know of no other parties who should be joined in
this litigation at the present time.
CASTRONOVO & McKINNEY, LLC
Dated: October 15, 2018 By:__________________________
Paul Castronovo
Attorneys for Plaintiff
