Bedminster cop's suit continues despite chief's death

The attorney representing Bedminster Police Officer Kyle Pirog said her client's suit will continue despite the death of Bedminster Police Chief Craig Meyer.

Bedminster Township police officer Kyle Pirog

BEDMINSTER -- The attorney representing a township police officer who has filed a whistleblower lawsuit against the department said the case is continuing despite the Feb. 1 death of Bedminster Police Chief Craig Meyer from pancreatic cancer.

Morristown-based Claudia A. Reis, representing Officer Kyle Pirog, said there were repeated delays to have Meyer, a key witness, be made available for a deposition.

The claims were made in a brief filed Dec. 23 in Morris County Superior Court. Reis stated in the brief that her office was told several times that Meyer was in good health and there was no sense of urgency.

In the suit, filed in July 2014, Pirog, a 16-year veteran of the department, says he has been the target of a series of retaliatory actions by the department over the past four years after coming forward with allegations of inappropriate conduct by a fellow officer. Prior to making the claims, he had repeatedly received satisfactory performance reviews, according to the suit.

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Peter F. Berk, a Newark-based attorney representing Meyer, would not comment on the brief. In a letter sent Dec. 30, 2015, to Morris County Superior Court Judge Robert J. Brennan, where the lawsuit is being heard, Berk stated Meyer could be made available for a deposition on Feb. 12. Berk stated that Meyer had experienced complications unrelated to his cancer that did arise from his treatment and needed January to set up a treatment schedule.

"Mr. Meyer is 'not trying to avoid having my deposition taken and very much wish(es) to respond to the allegations of Plaintiff in this matter,'" Berk stated in the letter. "Similarly, Defendant has an interest in Mr. Meyer's deposition being taken and does not benefit if he is unavailable to testify."

Reis said court documents speak for themselves, adding that it has been a "rather frustrating few months." Reis said she's going to "proceed with discovery, depose other witnesses and continue to proof her case," adding this is the first time she has been involved in a lawsuit where a key witness has died while discovery is still taking place.

It is claimed in the brief that Meyer "is at the center" of the actions taken against Pirog.

"It is clear that Chief Meyer is a critical fact witness both to the plaintiff's claims and the defense of those claims," according to the brief. "Denying plaintiff the opportunity to depose Chief Meyer with some curative instruction will severely prejudice plaintiff and undermine the truth-seeking purpose of the discovery process.

"In the interest of justice and to ensure that this case is resolved on its merits rather than a game of hide-the-ball, plaintiff's motion to compel should be granted."

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It is claimed in the brief that Reis and Pirog learned that Meyer was seriously ill at least a year ago. When Meyer died, it was reported by NJ Advance Media that he had been battling pancreatic cancer for 14 months.

On Oct. 23, Reis, after hearing that Meyer had taken a turn for the worse, served him with a notice for a Nov. 4 videotaped deposition. Berk responded on Oct. 27 that Meyer was fine and "he didn't know where plaintiff was getting his information from but it was wrong," according to the brief.

Berk continued on, according to the brief, to say that the "chief was doing well, was not expected to die soon, and as such there was no urgency to depose him immediately." Based on that information, the Nov. 4 deposition was cancelled.

During this time, Pirog was the subject of a disciplinary action, resulting in him being given a notice of a suspension on Aug. 18 for allegedly committing five violations of department's rules and regulations, including remaining stationary in various township parks and businesses for long periods of time without performing any police functions, falsifying his daily log book and running radar for long periods of time without making any motor-vehicle stops.

Township attorney Arthur Phibault did not return a call seeking comment. Township Administrator Judith Sullivan said she couldn't comment on the lawsuit because of the ongoing litigation.

It was stated in the brief that Meyer appeared for two disciplinary hearings regarding Pirog's reported five violations, on Nov. 2 and Dec. 14, and it appeared he was "not doing well" at second hearing. He didn't testify at the hearings.

Reis filed a motion to compel Meyer to appear for a deposition on Jan. 8, it was stated in the brief, but no action was taken for two weeks and, when a hearing was finally held, Morris County Superior Court Judge Robert J. Brennan gave Berk three weeks to schedule a deposition. Reis countered at that hearing that Meyer was likely going to die within that time, according to the brief. A motion for a deposition scheduled for Feb. 12 was filed, but that date was opposed.

Pirog's civil suit alleges the township police department violated the Conscientious Employee Protection Act in its retaliatory actions against him. He's seeking unspecified damages and being reinstated to sergeant. The suit was filed in Morris County because the judge his former co-worker allegedly lied to then Somerset County Superior Court Julie M. Mariono during a hearing.

According to the suit, between June and July 2011 Pirog, who was a sergeant at the time, told his superiors that Officer John Dapkins had allegedly lied under oath to a judge to obtain a search warrant.

Pirog also alleged that Dapkins lied in a police report on a motor-vehicle stop. The township's then police Chief W. Patrick Ussery approved Dapkins' initial report, but after reviewing a video of Dapkins' motor-vehicle stop provided by Meyer, at the time a lieutenant, the chief allegedly told Dapkins to change the report because the video did not support Dapkins' version of the facts, according to the complaint.

Ussery approved the second report, but didn't note that the report had been altered, according to the complaint.

Several days later, Dapkins allegedly strip-searched a juvenile who had been stopped by another officer. During the search, Dapkins is alleged to have sniffed the juvenile's underwear and falsely claim that it smelled like marijuana, it was stated in the complaint.

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Pirog stated in the complaint that he believed Dapkins' actions constituted official misconduct and reported him to his superiors. He also claimed Ussery's approval of the altered report without noting it had been changed constituted official misconduct.

When no action was taken on his claims, Pirog said he took his concerns to the Somerset County Prosecutor's Office. Pirog also accused Dapkins of targeting minorities during motor-vehicle stops, an allegation echoed by other officers, according to the complaint.

In August 2011, after learning that Pirog had gone to the prosecutor's office, the township suspended Pirog and advised him that he would be the subject of an internal affairs investigation. He was charged with 12 violations and threatened with termination, according to the complaint.

The prosecutor's office decided not to pursue the allegations, Reis told NJ Advance Media in a November 2015 interview.

On Aug. 31, 2011, to avoid termination, Pirog agreed to a three-month suspension without pay, a demotion and apologizing to Dapkins, the complaint said. Furthermore, the township agreed Pirog wouldn't be subject to any further discipline, according to the complaint.

But, upon Pirog's return to work, Ussery denied Pirog any authority over less experienced officers, assigned him undesirable shifts and placed a GPS in his vehicle, according to the complaint. In addition, department officials required him to report to Dapkins, the officer he had originally accused of misconduct.

In March 2014, on the final day Ussery worked before retiring, he told Pirog that as long as he or his successor, Meyer, were in command he would "never be promoted again," the complaint said. Meyer was named chief in May 2014, according to the complaint.

Pirog stated in his complaint that he was subsequently denied a promotion in favor of a less qualified candidate. When a sergeant who was a member of the interview panel voiced his disapproval, Meyers allegedly opened an internal affairs investigation against the sergeant and he was eventually forced to resign, according to the complaint.