Pomykacz v. Borough of West Wildwood

In Pomykacz v. Borough of West Wildwood (D.N.J. 2006) 438 F.Supp.2d 504, the plaintiff, a self-described citizen activist, had closely followed the activities of the police force and mayor of her town for years. In 2002, she and others in town suspected that the mayor and a police officer were having a romantic relationship. The possible relationship raised the plaintiff's concerns about nepotism, conflict of interest, and preferential treatment for the officer. The plaintiff and others were also concerned that the officer, among others, was being paid overtime for volunteer work renovating the police station that was performed during patrol shifts. Given her suspicions and concerns, the plaintiff started watching the officer's and the mayor's activities and gathering photographic evidence. One night, the plaintiff saw the officer working on renovations while on duty. Later that night, the plaintiff saw the officer and mayor inside police headquarters and took photographs of them. Upon seeing her, the mayor came out and yelled at her. After the incident, the officer and mayor consulted with the district attorney, who issued a complaint charging the plaintiff with stalking. A judge signed a warrant for her arrest and issued a restraining order. She was later arrested. The charges were lowered to harassment, and after a court trial she was convicted of harassing the officer, but not the mayor, and fined. However, the conviction was reversed on appeal. Thereafter, the plaintiff filed a 1983 action against the city, the officer, and the mayor, alleging that her arrest for stalking was an attempt to silence her in retaliation for her monitoring activities and concerns about improper conduct by public officials. (438 F.Supp.2d at pp. 506-508, 512.)