Ex-Hills Football Player Sues School, Town for $15M
Troy Zaffino claims his rights were violated and he was falsely arrested.
One of the nine Wayne Hills football players accused of aggravated assault filed a federal lawsuit last week against several town and Wayne education officials seeking at least $15 million in damages for false arrest and violation of his constitutional rights, NorthJersey.com reported Wednesday.
Troy Zaffino was one the Wayne Hills High football players charged with two counts of aggravated assault Nov. 8, 2011. The players allegedly attacked two Wayne Valley High School students at a Halloween party at a house on Urban Club Road Oct. 29, 2011. They allegedly left the victims in the street, one of them unconscious.
Zaffino names in the suit several township and education officials and employees, including Board of Education Trustees, Mayor Chris Vergano, Police Chief John Reardon, and Capt. James Clarke, among others. At least some of those individauls were named in a Notice of Claim sent to them in December by Zaffino’s attorney, David Kreizer. Zaffino was a minor when the notice was sent and not mentioned by name in it.
Mayor Chris Vergano said Wednesday night that the township has been served with the suit. Town counsel Matthew Giacobbe said the matter will be referred to the New Jersey Joint Insurance Fund who will assign counsel to represent the town. Giacobbe declined further commnet.
Zaffino argued in the notice that he “was not present at the alleged location” and was “not involved in the alleged incident whatsoever.” The notice states there are “multiple alibi witnesses willing to swear” that he was not at the incident, claims his continues to maintain in the suit, according to the report.
Zaffino, a former team captain, graduated Hills in June. He said in March that trying to prove his innocence in the matter "has been hell."
The Passaic County Prosecutor’s Office dismissed the charges against Zaffino earlier this year. Seven of the players, all juveniles, were sentenced to probation in February.
All nine players were prohibited from participating in the team's state group championship game against Old Tappan in December. Hills won 15-12.
Andrew Monaghan, the lone adult at the time the assault charges were filed, was charged with disorderly conduct at a party on Salisbury Road in July. Police said Monaghan interfered with a police officer that was investigation a noise complaint at the party, Reardon previously said.
Monaghan entered Pre-Trial Intervention, a type of probationary program, earlier this year.
— Have a question or news tip? Contact editor Daniel Hubbard at Daniel.Hubbard@patch.com or find us on Facebook and Twitter. For news straight to your inbox, sign up for our daily newsletter.
Donna Kells
9:57 pm on Wednesday, September 5, 2012
You HAVE to be kiddingggg meeeee. Enough already. Your coach did the wrong thing. Your parents did the wrong thing...by listening to your coach and now they are backpeddling because some attorney got their ear and talked them into finding a way to not feel so guilty for not being stand-up parents for you in the first place....and now you will look like a complete idiot to your peers - we have an extremely litigious society...congratulations for becoming a number....
AMJD
10:37 pm on Wednesday, September 5, 2012
Just grow up and learn a lesson, and tell your parents the same thing. Let's move on and stop wasting time and money. There was indeed a serious crime where kids were hurt very badly, regardless who it was that beat up those Wayne Valley boys to that extreme. Tell the truth, stop covering up for the kids that did wrong, don't sue the town officials, and move on. It honestly makes Wayne Hills players along with their parents look really bad. Let's all help our kids to become mature young adults with good moral values, not liars and bullies that hurt others thinking it's ok to get away with such things.
Frank Gallagher
10:53 pm on Wednesday, September 5, 2012
Donna...what are you saying?
That Troy was there? That Tory was involved? That Troy should have been arrested? That his parents are at fault, because they know he was involved?
Kit Rogers
12:06 am on Thursday, September 6, 2012
he was not involved,,,,,seriously what would you do if that happened to one of your kids????? if the police had investigated this from the start and taken statements from witnesses, he would not have been arrested in the first place......he is not the one who looks like an idiot!
robbyed
1:49 pm on Thursday, September 6, 2012
First of all no one got beat up and no one was unconscious the valley boys admitted on tape to throwing the first punch it was only a fight.
abbie
10:50 pm on Wednesday, September 5, 2012
here we go again with the hateful haters. This kid was not there, the charges were dropped and you guys still want blood. shut the hell up and get a hobby
Lynn M
10:55 pm on Wednesday, September 5, 2012
so what you people are saying is that even tho this kid wasnt even there he should still be punished ?
how does that make sense in any way shape or form. if it was my kid id be asking for 30 million. these people didnt look at the facts & took away the biggest opportunity in this kids life thus far. unjustice was served to this boy & his name was tarnished as well as his future opportunities for college and football.
the state law is that any crime committed off school premises, those who are involved can not be punished at school. therefore, none of these kids should have been punished and it should not have blown up into a nationwide story.
im not saying that getting in a fight is good & the kids WHO WERE THERE should have been punished by their parents but not by the school or town.
As for this kid who wasnt there, he recieved an unjust judgement last year by not being allowed to play & he deserves every dollar he gets from this lawsuit.
Mary
9:12 pm on Thursday, September 6, 2012
Check the HIB law
Mary
9:13 pm on Thursday, September 6, 2012
Missed the biggest opportunity in his life....really?
Kelly Lonigan
11:00 pm on Wednesday, September 5, 2012
yes the charges were dropped. case closed. innocent people get arrested everyday, get their day in court, and let the justice system take its course. Those that are arrested will miss birthdays. anniversaries, and other special moments . Thats just the way it is. If everyone that is arrested and then found not-guilty could then sue and make millions the entire justice system would come to a screeching halt. This whole thing is a joke .
logiegunderson
11:11 pm on Wednesday, September 5, 2012
this is the problem with our country-people sue for anything and everything....these parents are teaching him that when life is unfair-just sue for millions of dollars and that will make all your pain go away?? I am willing to bet this kid could have still gone to college and played football if he had the talent to do so-the charges were dropped. But I'm guessing by his comment mentioned above-he didn't rise above this-and his parents apparantly didn't teach him to do that either. But why forge ahead and make something of yourself on your own like so many have to do-just SUE!
Concerned Parent
11:21 pm on Wednesday, September 5, 2012
Releasing this story the evening before a brand new school year starts is completely rediculous. So 99% of kids in town are doing wonderful things and looking forward to a wonderful, successful school year, and we have to hear about the 1% AGAIN. We're tired of hearing about these kids! If he wasn't there, then so be it. The charges were dropped. Time to move on. As the previous poster said, innocent people get arrested everyday.
Brad
11:23 pm on Wednesday, September 5, 2012
big shock another Wayne resident files a frivolous lawsuit. This town is made up of people just like this....This is one of the worst parts about the citizens of our town, they love to sue, it is the new american dream sue someone and not have to work..... Real nice lesson to teach your kid mom and dad!!!!
John
11:35 pm on Wednesday, September 5, 2012
Donna Kells and AMJD - WHAT COUNTRY DO YOU WANT TO LIVE IN??????????
In the United States of America, all citizens, even Wayne Hills Football players have a right to due process when accused of a crime. This poor kid was robbed of his rights by a cowardly, weak-willed BOE in the name of political expediency. They took the action of sanctioning nine players because it was the POPULAR thing to do - not because it was the RIGHT thing to do! The BOE's decision was an act of cowardice and a denial of this kid's rights. They rushed to judgement without having the facts, they robbed this kid of a once in a lifetime experience and they made a good man and a great coach the scapegoat. They did these things not because they were right, but because they were too cowardly to do what was right. They reacted and caved to the lynch mob mentality driving public sentiment. The kid wasn't even on the scene of the incident!!! This case demonstrates exactly why we have due process in America! Perhaps this suit will give future politicians pause before they trample the rights of the citizens they are elected to serve. God bless this kid and his family for having the courage to stand up for what is right!
Vinny G
7:48 am on Thursday, September 6, 2012
Minors do not get the same due process in school related situations. This situation was handled poorly all around from the kids, parents and coaches who told them not to talk to police. So while you are blessing this kid for being great for filing this frivilous lawsuit, get out your checkbook because you will end up paying for this.
Ice
11:48 am on Thursday, September 6, 2012
John, really? While I agree he was wrongly charged he was also cleaed as the charges were dropped after more information came to light. Perhaps if the other witnesses and other charged individuals were more forthcoming with relevant information to the incident, he could have been cleared quicker. But sadly it took additional time to sort out the facts.
To say his rights were violated by being suspended from an after school activity however is really stretching it. Any participation in a school sponsored event is a privelege, not a right. Otherwise there would be lawsuits filed on a daily basis from individuals that were cut from the team, or did not land a part in the school play.
The child's participation in a game did not guarantee any college scholarship.
Would you feel a lawsuit to be just if the coach benched him for being late or missing practice?
Brad
12:11 am on Thursday, September 6, 2012
I dont care if he was involved or not, nothing justifies $15M, but I bet he gets an outrageous sum because of our liberal judges. People spend 20 years in jail and are found innocent. Go after the person that gave the bad tip, but you dont get to sue for $15M that is not an option.....
Kelly Lonigan
12:23 am on Thursday, September 6, 2012
sorry but minors do not have due process protection in regards to extra - curricular activity participation. He missed 1 football game . How many did he miss due to injury and returning too quickly? maybe he should sue his doctors, his trainers, his teammates, his coaches also because of undue pressure to get back on the field which in essence cost him more games. sounds pretty silly doesnt it?
Gordon Rizzuto
1:25 am on Thursday, September 6, 2012
John what is the point? Players in the NFL, NBA and all other sports get suspended if they do something off the field. Plaxico burres shot himself and he got suspended. I don't get what the difference is. Would it be just for Olsen to suspend him? Yes. There's no difference between Olsen suspending him and the board suspending him because in essence Olsen reports to the board. I don';t get how people don't realize that. Olsen as the coach could suspend them for any reason realistically any reason at all. Almost all corporations have somebody who lead it in my company it's the board of directors. The board of directors as a whole can over rule anything any company employee does.That's the way life works. Also maybe he should sue his friends. Obviouslly his friends did not care about Troy's well being.
John
7:12 am on Thursday, September 6, 2012
Gordon Rizzuto, The difference can be found in the first line of your commentary - "Players in the NFL, NBA and all other sports get suspended IF they do something off the field." This player was NOT EVEN PRESENT AT THE INCIDENT IN QUESTION, so clearly did NOTHING to warrant the suspension. What makes this boards action even worse is that it wasn't simply an honest mistake...it was an over-reaching, overzealous and premature action motivated by their cowardly desire to appease the ill-informed public's appetite for blood. They knew the facts were unclear but nonetheless proceeded to cave to what they perceived as political pressure from the public. They took action knowing that they were doing so at the risk of making innocent HS football players the sacrificial lambs in their exercise in preserving their political capital. That is despicable and irresponsible and the people of Wayne deserve better from their elected officials.
unrealthistown
10:46 am on Thursday, September 6, 2012
Actually being arrested and man handled by a police officer is something that he will remember for the rest of his life. I think it's called Trauma....... Maybe next time they will do there job before arresting an innocent kid
Joe videodummy
12:42 am on Thursday, September 6, 2012
Frivilous ? An appellate divison panel recently ruled on a similar case pending:
Ramapo Indian Hills Regional student conduct rules'overboard'.
Wayne Schools may want to hold-off handing out the new student conduct code booklet until they are completely sure they they can afford defending it at the Supreme Court level.
The school's primary mission is education, not disciplining students that misbehave off and away from campus grounds. The fact of having a student sign this pledge when they have no authority to make such a request could led to a class action law suit, student protests, and more legal litigation at the tax payer's expense.
Mary
9:19 pm on Thursday, September 6, 2012
A school's prinmary mission is to educate and mold future law abiding citizens so they can be successful. This young man should be happy that he made the right decision and did not get involved in such a violent act. He was fond innocent and for that he should be grateful.
Scondo
7:28 am on Friday, September 7, 2012
To Mary below. schools have only one mission, that is to provide broad educational opportunity and teach such skills. It is not their role to mold people. If the young man was not even present how did he make a decision to not become involved in such a violent act. He was not found innocent. Your illogic strains any attempt to make sense of your statements
Kelly Lonigan
1:09 am on Thursday, September 6, 2012
joe videodummy - you really need to do more thorough research/ yes it may cost plenty of dollars but the school district has always prevailed and will always prevail. Read this case from the 6th Circuit ( 1 step below US Supreme Court)
http://caselaw.findlaw.com/oh-court-of-appeals/1443938.html
Bill
6:26 am on Thursday, September 6, 2012
Ohio cannot be compared to New Jersey. Additionally, the papers were filed in Federal, not State, court.
Joe videodummy
7:42 am on Thursday, September 6, 2012
Lets test the code of conduct and send a copy to the American Civil Liberties Union.
Our ACLU Affiliate is: Executive Director : Deborah Jacobs
P.O. Box 32159
Newark, NJ 07102
(tele) 973-642-2084
Web www.aclu-nj.org
Scondo
7:54 am on Thursday, September 6, 2012
It is me or has Wayne turned into one hot steamy mess in the last couple of years, it is like bad RhwoNJ karma .
Sad Patriot
8:16 am on Thursday, September 6, 2012
How is it possible that for years hundreds of student athletes poured their heart and soul into the Wayne Hills Football Program, were supported by parents that volunteered to make the experience one not forget, lead by coaches that made sure they outworked and outplayed their opponents, and it all comes crashing down because a handful of kids decide they are more important than all that proceeded them! Very sad to see!
Kit Rogers
8:38 am on Thursday, September 6, 2012
still going strong,,,,this kid was not involved,,,,,he was not even given the chance to speak before he was arrested,,,,,
Justice
8:36 am on Thursday, September 6, 2012
Joe, I hope that you can get the ACLU to respond. In the past they refused.
Justice
8:39 am on Thursday, September 6, 2012
Furthermore, this is a case of lack of due process and civil rights, the reason for the suit filing in Federal Court as opposed to Superior Court. This is not a Banana Republic, where the people's rights are blatantly ignored, it is the United States of America where are freedoms are continually being eroded by the "control freaks" who think who they are.
Sad Patriot
8:56 am on Thursday, September 6, 2012
@ Kit Still Going Strong? I know you have stated you are a parent of a Hills Player and I understand your sensitivity in this, but seriously does anyone ever stop to think of the pain this event has put the Patriot Football Family and the Olsens through? Yes I know kids make mistakes and it could be my son too, but the fact of the matter is there have been a lot of bumps in the road along the way, but this event completely derailed the Program. Troy and his family are living proof.
The actions of the Township need to be reviewed and critiqued. Thats a given. Perhaps this suit will ensure it happens.
Coach Olsen has defended his players as he always has, and now he paid the price for it. His retirement was always nearing with his son graduating, but this is quite a way to go down after all this time.
Is sad, and has torn this community apart. While the Patriot Community stands together on a public front, there is perhaps a more than a little anger for the smear others have endured through the support of the team.
Vinny G
9:14 am on Thursday, September 6, 2012
Unfortunately, the actions of a few usually tarnish the many. Sad that this gets all stirred up again with the Wayne Valley game 8 days away.
DrSmithNJ
7:22 am on Wednesday, October 17, 2012
It's a game...A GAME! I suppose you are going to blame the 3 losses this year on those players and the events that happened last year...Who Cares? IT'S A GAME!!!!!
Linda
9:08 am on Thursday, September 6, 2012
*these charges (not *this*)
wyldthang18
9:38 am on Thursday, September 6, 2012
I still don't understand why this has to have anything to do with the school, football team, coach Olsen, etc. Whoever was involved it happened off school grounds at a private party, as I've read, which means its a matter for the police only. If the parents of the involved kids don't know how to raise their kids properly then blame them for letting their kids go to a private party without supervision and charge the kids with assault or whatever charges are appropriate. If this happened on school grounds, during a game or practice then you can involve the school and suspend them from classes, games, etc. I don't know coach Olsen myself but I can't see how this is his fault in any way. If these kids were all in band or it was some type of rival music thing like that stupid glee show, are you going to blame the music/band teachers?
notwhoyouthink
10:36 am on Thursday, September 6, 2012
Ahhh...the truth that no one wants to hear. Had nothing to do with the coach, the school, etc...but hey, why let the facts get in the way
Lorraine
9:50 am on Thursday, September 6, 2012
I don't know if this young man was at the location at the time of the incident - but I know for sure that the other Wayne Hills Football players who where there do know. If Troy was not there, which I believe is a possibility, then why didnt the other boys immediately stand up and do the right thing and tell the police, school and BOE that their team mate was NOT involved? It is a shame if this young man really was not there and suffered the same consequences as his team mates, but this is not worthy of a lawsuit. If he is lookign for someone to blame he should blame the other players.
Kit Rogers
3:00 pm on Thursday, September 6, 2012
ummm how do you know they didnt. the article in the record states that witnesses were turned away
Mary
9:22 pm on Thursday, September 6, 2012
I agree what happened to loyalty and one big family- as is always stated?
Debbie
9:53 am on Thursday, September 6, 2012
$15,000,000,00. You got to be kidding me. I'd be a Gazillionaire by now if I sued every time my kid was wrongly accused of something by the school. I agree with Linda, the charges were dismissed - MOVE ON.
Bob
10:20 am on Thursday, September 6, 2012
So what else is news in Wayne-saw this coming. We are a suit happy community. Get the money & run.Some spoiled football player & his parents have decided to file suit against everyone and for $15MM? Are we kidding? I hope that who ever judges this case throws it out along with the player & his suit happy parents and the lawyer who is representing him. This is nothing more then a big momey get rich quick event. This family needs to teach their kid a lesson about life and move on.
Scondo
10:27 am on Thursday, September 6, 2012
On the face of it there was something deficient in the investigation and that should certainly be addressed through the command structure at the Wayne Police Department. This did turn into a high profile matter in town and it is clear that there was a problem as to at least one person. As to 15 million, well that is absurd, pay the 25K settle it and move on.
Former Valley Gal
10:27 am on Thursday, September 6, 2012
Nice typo in the headline.
I can't believe this is still going on. Honestly, if this lawsuit didn't happen, you, me, and a bunch of other people wouldn't even know who Troy Zaffino is/was (as he was one of the minors at the time whose name was protected). Now, everyone will know who he is, and not for the right reasons. But there's no such thing as bad publicity, right? Hey, maybe he can Bravo TV show out of this, too!
Honestly, I agree what with Linda said earlier- where were his accused teammates saying, swearing, testifying, whatever that he wasn't there? If it was me, I'd be suing the person who threw my name out that I was there for slander/defamation/etc.
The sad bottom line, again, is if the coach had disciplined them, as had their parents, most of this mess would likely have not gone as far as it did.
I don't live in Wayne anymore (and more and more I'm thankful for that these days), but my parents and other family members do, and I feel bad for them when their taxes all go up to pay for this unnecessary lawsuit.
ChrisA
2:08 pm on Thursday, September 6, 2012
Exactly! If he really didn't want his name :outed" then this laswuit should not have been filed. Prior to this, I didn't even know Troy was involved.
Sean Gilday
10:34 am on Thursday, September 6, 2012
It's really ashame that coaches, parents and the police dept could not have done more to work together on this. Seems that some were only worried about doing what they could to make sure these players were able to play football and not concerned with finding out who was involved and who was not. Unfortunately it seems like Troy Zaffino was used as a pawn in this whole thing, remember the coach and others making the statement that "some of these players were not even present at the attack" it would have been nice if they would have sat the kids down, got the truth and then fought to have Troy be able to play instead of using him as a way to get all the players on the field
Gordon Rizzuto
10:36 am on Thursday, September 6, 2012
They have nothing to worry about. He's not going to win this lawsuit. He can't get 15 million for missing a football game. It's a very ridiculous lawsuit.His argument is that his right to play football was taken away but he never had that right anyway. You do not have a right to play football.It's a priviledge. It's ridiculous to think he could get money for missing a football game.
Ron
10:56 am on Thursday, September 6, 2012
An opportunity to rape the system and get cash. Is this what his parents are teaching him? Ridiculous. This is high school, people - not a Division 1 athlete who missed getting signed on to an NFL team. What a joke!!
Gordon Rizzuto
11:17 am on Thursday, September 6, 2012
Why are my comments being deleted? I didn't curse in anyway. What is up with that?
John
11:49 am on Thursday, September 6, 2012
Perhaps the editors of this rag thought that you and I were going to get into a brawl! Some of my responses to you were removed as well....no cursing in mine either....
frostfan
11:30 am on Thursday, September 6, 2012
So he wants $15 million because he was arrested and as a result, ended up missing a football game? If he gets anyting more than a dollar, we may have to reconsider as a town why we have high school sports. And I say that having played high school sports. If we are now a society that will reward and compensate someone whose pain and anguish results in being compensated for missing a high school football game just because they were arrested, then sadly, maybe the town should have less involvement in sports. This kids wasn't falsely convicted or imprisoned, he was just arrested.
Scondo
11:43 am on Thursday, September 6, 2012
Gordon the suit is not because he missed a game. It is because he was falsely arrested. Pay the 25k settle it and go.
careless fills
11:27 pm on Sunday, September 9, 2012
The initial arrest was justified. He was in the group that was clearly implicated. The subsequent investigation should have eventually shown that he wasn't involved.
Rich
1:10 pm on Thursday, September 6, 2012
Interesting. Do the Zaffino's also name the players in the suit who sold Troy out trying to BS the police and the derail the investigation that night. Come on Olsenites, you all know how this went down. These kids thought they would be tough guys that evening and weren't particularly forthcoming with the WPD. Some even thought it would be funny to give out names of kids who weren't there. Maybe the Zaffinos should look at their kid's friends if they are looking to sue anyone.
still in town 78
1:54 pm on Thursday, September 6, 2012
As I said originally! Don't rush to judgement. No one has all the facts. Now the town has to pay.
can you say scapegoat
2:32 pm on Thursday, September 6, 2012
No, the taxpayers will pay for the idiocrasy of the elected officials who ran this like a circus because they were so giddy at the opportunity to remove a coach they were intimidated by. So to all of the Wayne Hills families defending the boys and all of the Wayne Valley families attacking the program, open up your checkbook! That goes for the Depaul families in Wayne, the empty nesters and young couples without kids, you can contribute as well. All because elected officials were looking to use this incident to create a power grab. A grab for power they gave up to a high school football coach who through hard work, dedication and program building had more of a following than they did. He had a following because people respected him much to the dismay of the BOE and outsiders.
I object to the lawsuit because of the frivolty associated with the amount. I back Troy Zaffino's claim that his rights were violated by the lack of due process and flip flop of the BOE, who actually had legal advice in the matter. To that extent the objection extends to the fact the trustees, administration and professionals still sit in their positions. They should be removed for gross negligence and replaced with a special election. Ridiculous!
Good luck to Coach Olsen in this last season. Never had a son play for you, but always respected your attention to your team and your players. Tired of the cowards who come out now to tell stories after they didn't stand up for their kids.
John
1:59 pm on Thursday, September 6, 2012
Still in town 78 - You are one of the few rational voices of reason here!
NAME WITHELD
2:10 pm on Thursday, September 6, 2012
What the boys who were involved should not be tolerated. Lawsuits, when the charges were dismissed should not be tolerated. However, why anyone wants to bash Olsen is beyond me. First let me say, did not go to Hills, my children do not and will not go to Hills and don't even play football, so I am unbaised. He is a Coach who defended his players right to due process and to play in a football game(s) while it was sorted out - sounds to me like his was lied to by a few boys and was caught in the middle. Why so many dislike this man is insane - for what - you didn't play sports? Your kid got cut from Hills? You go to Valley? Why all the disdain for Olsen. This is not about Olsen. It is about a kid who was not involved, whose charge(s) was dropped filing a ridiculous lawsuit. People are wrongfully arrested, hopefully our judicial process corrects such a mistake - as it did here. The parents are in part to blame becuase this suit should not have been pursued and the lesson should have been to know who your fiends are...who said he was there? No true friend said such a thing. Boys got out of control in a high school fight and crossed a line, they paid or are paying the price. End of story. Allow the victims, both schools, the town and even the culprits to move on.
Annie
2:25 pm on Thursday, September 6, 2012
Keep up all the foolishness. Life ISN'T fair. There are a number of very successful professional football players, that were undrafted and tried out as free agents and went on to huge careers. If he has the talent to succeed, he will. Kudos to the decision to bench the players - even while it was sorted out. The right thing to do isn't always the easiest thing to do. Caving would have been very easy.
Keep it up, and all of the sports programs will be dropped. Why should the town/school spend money to defend itself from lawsuits from a bratty kid and his batty parents and attorney.
can you say scapegoat
2:37 pm on Thursday, September 6, 2012
To all the TAXPAYERS in Wayne, don't forget how our elected officials acted in this matter and how much money they wasted already. The expenses will continue to mount as the lawsuits continue and settlements are paid out.
Each member of the BOE, the Administators and legal teams should be sued by the township for neglegence and malpractice to recover the cost of this charade! Everyone will move on and leave the bill for the taxpayers!
ChrisA
3:55 pm on Thursday, September 6, 2012
True. In the end, taxpayers are getting screwed. If Troy was a senior now, instead of graduating and leaving to Salve Regina in Rhode Island this lawsuit doesn't get filed. If he was still in school and even thought about this lawsuit, Coach would smack him upside the head. Instead, looks like his parents want to have the taxpayers of Wayne pay for their move to be closer to their son in Rhode Island with this lawsuit while bringing their previously anonymous son's name out into bad headlines.
Scondo
2:50 pm on Thursday, September 6, 2012
Can you say, it is a false arrest case, not a I could not play football case. False arrest issue lies with the Police Department, not with any other agency. The BOE does not make arrest. When all is said and done it is going to be about a 25K settlement and that is that. The command structure of the Police Department needs to look into the investigation to determine if there was probable cause of the arrest, and determine if they properly investigated. If not some detectives should be returned to patrol division and steps taken to prevent a repeat.
Potter
3:38 pm on Thursday, September 6, 2012
I have to agree with Scondo. The boys were removed from a game because they were arrested by the police. The BOE does not investigate criminal charges and cannot be held responsible for a bad arrest. This boy was grouped with the other boys in being suspended from a game because he was arrested with them. And the number 15 million is ridiculous. Who comes up with this stuff? I should think something much worse than what he's been through should happen for that kind of money. There will be a settlement I'm sure but I don't think the BOE should be liable for anything.
Scondo
3:12 pm on Thursday, September 6, 2012
Was there probable cause? Was there a reasonable basis for the arrest ? In the course of investigation did one of the other suspects name the subject, if so it might be said that there was a reasonable basis for the arrest. These are defenses to a false arrest suit. The actions of the police will be reviewed.
NAME WITHELD
4:01 pm on Thursday, September 6, 2012
Just not seeing the case here...a false arrest must be performed by some one who says he is acting withing their legal authority but does not have probable cause...if someone gaves this boys name or even a matching description - there was cause for arrest with in a reasonable basis. For this boy to possibly say he was unlawfully restrained from freedom of movement (not playing in the game) is another matter and still not seeing it last but not least - a person who knowingly gives police false information in order to have someone arrested has committed the Malicious Prosecution...which goes back to - who pointed a finger at this boy? If it was one of his "friends"...who is really to balme here for this case? Wayne PD, I think not - his "friends" or simply poor witnesses that when investigated further were incorrect. This should NOT be a lawsuit.
An action can be instituted for the damages ensuing from false arrest, such as loss of salary while imprisoned, or injury to reputation that results in a pecuniary loss to the victim. Ill will and malice are not elements of the tort, but if these factors are proven, Punitive Damages can be awarded in addition to Compensatory Damages or nominal damages.
NAME WITHELD
4:03 pm on Thursday, September 6, 2012
Opps - quoted that last part but forgot quotes "..."...since he was a minor and he name not released seems like a weak case for reputation....frivolous....
leanbean
4:37 pm on Thursday, September 6, 2012
From what I heard from knowing people. He would not have played anyway. He sat out most of the season with injuries. Why isn't he sueing the players that were there? For not speaking up from the begining and say Troy wasn't with them. I do have to say. The BOE made a mess of the whole thing. With there flip floping
Kit Rogers
4:49 pm on Thursday, September 6, 2012
again how do you know that no one spoke up????? read the record article,,,,,seems many were not questioned if any
Dave T
4:55 pm on Thursday, September 6, 2012
The guilty players were holding the innocent players hostage. They figured if they can't prove who was involved they can't punish us. They didn't work out so well for them. If Troy played a part in the lies it will come out and case will be dismissed. The town should then file fraud charges against all the liars to recoupe costs
Lori
7:40 pm on Thursday, September 6, 2012
I would have NEVER watched my friend being arrested for MY wrong doing. He should sue his teammates! They sat back and watched an incident teammate
suffer. What kind of kids are they?????????? Olsen should have encouraged them all to tell the truth. I have great respect for Olsen, even more now that he won the championship without his stars. He is a wonderful coach, but he should encourage morality as well. He should be the example as well as their parents. VERY sad we don't hold our kids responsible for their wrong doing. The students are guilty not us taxpayers.
Pat
9:45 pm on Thursday, September 6, 2012
I bet if you went to the county jail, you'd hear a lot of inmates say 'I didn't do it, I wasn't there', police hear it all the time. In the end, the charges were dismissed. That's how the system works.
Nose Wayne
10:39 pm on Thursday, September 6, 2012
Good for him. I hope he gets $20 Million !!!!!! When are our elected and other officials in this town going to wake up ? Look at just the past few, wind turbine,private school, OH !!, Let us not forget CHICKEN COOP !!! Taxpayers should not pay for these settlements, the officials that acted before they thought should pay, and with their jobs also.WAKE UP WAYNE !!!!!!!!!!
George
11:52 am on Friday, September 7, 2012
NOSE that is the stupidest comment you have ever made, and there is a lot to choose from to make that comment. If he was awarded $20M , who do you think is going to pay for that? Or don't you NOSE the answer to that?
Joe videodummy
11:53 pm on Thursday, September 6, 2012
85% of the posts are about right wing-left wing democracy, yet the case hinges on the 'code of conduct' that was in place at the time of the incident.
citizens in our country do as they want-police take orders.
schools have a mission to educate students-they do not police our children.
students have the same rights as our citizens- they are entitled to legal representation - a minor to parental consent.
unions strike- non unions disproportionately filter out.
wayne township has it's own department of education. it ebraces itself as a public school system.
it has it's own teachers union making it an institution.
institutions can have traditional as well as non traditional terms regarding striking union workers, uniform dress codes, uniform codes of conduct, due process, disciplinary, and educational goals, plans and statements.
all laws and codes that are adopted into law cannot take away the right to test these laws in a superior court or supreme court of law.
all public school students are required to be tested
Troy Zaffino is taking a test.
Gordon Rizzuto
12:59 am on Friday, September 7, 2012
Any of you who think he should get even a penny are crazy. Everybody remember every single kid is a student Athlete. Student Athete. Not Athlete Student. You guys are saying he wasn't allowed due process. You think every single kid who ever went to public school was given a chance of due process for every single thing they were punished for? Let me ask you something. My 16 year old son got in trouble on mischief night where he was taken to the police station. I picked my son up and my wife and I grounded him for 3 weeks. It turned out after a week I found out that my son was not involved in anyway so I elminated his punishment. Does that mean my son could sue me because he was never given a chance to clear his name? Absolutely not because I'm his father and I have that power to punish him whether he likes it or not. This whole lawsuit is a waste of money because they all have immunity as government officials. No federal judge is going to issue an 18 year old 15 million dollars because he was accused of a crime and was arrested for it. He was not wrongly convicted the charges were dropped against him. He didn't even need to go to trial. So the kid missed one football game people have missed much more.
Scondo
7:17 am on Friday, September 7, 2012
Of course it sounds ridiculous. If there was probable cause for his arrest there is no case. If however, the police work that lead to his arrest was so sloppy that there was no probable cause, then it is not at all clear. An examination of the circumstances that prevailed at the time an some transparency from the police department is in order, after all it is their action that have now exposed the township to a 15 million dollar lawsuit. Was the action of the police department defensible in hindsight, or was it defective and sloppy. If sloppy, is it systemic and if systemic do we need civilian review board or a management change.
Brad
1:06 pm on Friday, September 7, 2012
if people keep this kind of entitlement attitude, in a few years we wont have athletics in public school anymore. Shame on this kid, but more likely his parents for bad parenting and trying to make a quick buck, but risking future kids of a chance to play sports in public school. Sports are voluntary and there is no guarantee to play, I missed all 4 years of playing football, can I sue for $100M, because I should have played for Coach Olsen and was denied the chance because I didnt try out???
Scondo
1:25 pm on Friday, September 7, 2012
Bad parenting? The kid by all accounts did absolutely nothing wrong. He is by all accounts absolutely innocent. Sounds like "bad parenting" kid was a fine football player who did nothing wrong. What planet are you people from ? Entitlement attitude ? You are entitled to not be falsely arrested, that means that the police just can't walk up to you and arrest you without reason. They must have probable cause to make an arrest, What was the probable cause here ??? If lacking then the young man has a case. What makes anyone think that a totally innocent person can just be arrested without some reason, some articulable suspicion that the person has done something criminally culpable. This case has nothing to do with football or being deinied the right to play. Remove that from your equation.
still in town 78
1:26 pm on Friday, September 7, 2012
If you know anything about Wayne hills football you would know there is no try outs there is no cuts! If you have the will and determination to play you can play. This kid wasn't even there and and as not allowed to play in a wonderful thing in any student athletes life. The state championship game. Should he hhave sued absolutely should he have sued for 15 million no but I believe he is right for feeling wronged. All because of a lynch mob. He was guilty of being a Wayne hills football player at at the wrong time. If his case makes the boe think next time about what is right and not what is politically expedient then the law suite did its job.
notwhoyouthink
3:41 pm on Friday, September 7, 2012
can't help but wonder how all these zealots will react to some of the recent Valley Football player incidents - They haven't been in the "news (if you can call it that)" - wonder why and I wonder if they're being suspended from play since we now have a "code of conduct"
C'mon...lets hear about their football players and the incidents that have occurred recently - or is this the usual double standard - it's ok for everyone but Hills.
Pat
5:45 pm on Saturday, September 8, 2012
From what I heard, the Valley boys only hurt themselves. They didn't beat anyone to unconsciousness and leave them in the middle of the street. Apples and Oranges. Can't compare. They may be guilty of stupidity. There actions did not involve a 'pit bull mentality'.
C6
4:10 pm on Friday, September 7, 2012
The main problem in my opinion is the school feels they have so much power that they control and punish kids for situations that occur off school property and off school time. That's a parents job not the school districts job! Let the parents do their jobs for incidents that the school has no business being involved with if its a situation that didnt happen at school. Yes it was wrong that the kids got in a fight and yes its crazy that this family is trying to cash in like they won the lottery but the boe has way too much power for their own good. Let them discipline their own kids not other people's kids!
John
9:29 pm on Friday, September 7, 2012
Gordon- What I think is that you are a hater, that your arguments don't hold water and that your insistence on bringing up red herring issues is evidence of your hatred for the man and your inability to make a cogent argument based on the facts of the case at hand. AKA, you are an imbecile.
John
9:43 pm on Friday, September 7, 2012
Furthermore, my dear Gordo, have you considered that perhaps the man is passionate about his work? That he is driven to succeed and is not content with merely showing up? In this day and age of political correctness I know its unpopular to teach our kids that winning actually matters....but in real life,as on the football field being successful in your endeavors DOES matter!!!!The lessons Olsen teaches these kids on the football field will serve them well throughout their lives. I wish we saw more of Olsens style and passion from many more of our teachers and administrators!!!!!!!!!
Gordon Rizzuto
10:05 pm on Friday, September 7, 2012
John I'm not saying that Olsen isn't a good coach or that he doesn't even have a passionf or the game. You think he'd ever treat Kevin the way he treated his quarterback back then? Absolutely not. John as a coach you shouldn't be cursing out 17 year old kids and trying to hit somebody with your clipboard.He could have threw it at the ground but he chose to throw it in the air.Also you don't realize the point I'm making about Olsen letting his son participate. Olsen was saying the board went over its ground by suspending the boys. Olsen went over his ground by letting his son participate. Who is he to question the board. Also your crazy if you believe anybody deserves 15 million dollars when all they missed was a football game. That makes you an imbecile for actually believing some so stupid. You can't say that his right to play football was violated when you don't have a right to play football.Also you think Troy zaffino is the only person to ever be wrongfully cvharged? Many people have wrongfully charged over a majority of things.When it comes down to it Troy missed a football game. You know how many schoolds don't even have football? You think they could go to a judge and say our right to play football was denied because we don't have a football program?
John
10:59 pm on Friday, September 7, 2012
Gordon, you don't get it, you will never get it, you are a hopeless case.
You continue to make fallacious arguments and raise red herring issues to butress your ridiculous position.
1.) I never said that missing a football game was worth 15 million dollars.
2.) Coach Chris Olsen had nothing to do with this matter. Your insistence on engaging me in a debate over his conduct in a game 3 years ago or that more years ago than that he allowed his 11 year old son to attend a HS Football practice is a red herring, a pure diversion and an opportunity for you to spew your hatred.
John
10:59 pm on Friday, September 7, 2012
3.What I did say is that our city officials, particularly the BOE acted without authority and without regard for the facts, that they were over zealous, that they were motivated by political expediency and that in the process an innocent student athlete was deprived of an irreplaceable once in a lifetime experience, an opportunity for which he worked many years to achieve. To those of you who haven't had the exceptional priviledge of watching your son from the age of 5 devote long, hard hours of blood, sweat and sacrifice to develop the skills necessary to compete at the HS level, please do not make light of what this young man was robbed of. And for what????? So that the cowardly BOE in an effort to preserve their own political hides could give the lynch mob of the ill-informed public the blood they were thirsty for????? This young man and more broadly the people of this community deserve better from the officials elected to serve them!
still in town 78
3:20 am on Saturday, September 8, 2012
Gordon I understand what your saying but coming from the background that I come from you see throwing the clipboard in the air as an aggressive uncontrolled action. Not to say there was no emotion. Butbut when people do things like that sometimes it'd an over exadrateted way of getting someone's complete attention. He was probably more disappointed in the fact that the player didn't preform up to his potential.
fboy1932
8:41 am on Saturday, September 8, 2012
Don't know why my post was deleted but here it goes again! I wish the kid gets more and never has to work a day in his. And if it means suing Olsen who I support then so be it. This is what happens when people that have pull and comment on Wayne Patch to muscle judgment and prove guilty without justice. So when our taxes go up i'd like to see the same cry babies on here. Guess my taxes and water and sewer rates going up again. Thanks Wayne NJ!
Gordon Rizzuto
10:03 am on Saturday, September 8, 2012
Fboy you think every person whose ever missed a game or anything in life have been given a chance to prove themselves. Are you telling me you've never eben in a situation where an entire class has received detention even though you personally didn't do anything wrong? This kid isn't going to get any money on less they plead him out. There's no way you can tell me him missing a football game ruined his life thta much that he deserves 15 million dollars. You know how many people would switch lives with this kid in a second.
Scondo
10:25 am on Saturday, September 8, 2012
As required by NJSA 2A:4A-60c(1) and c(3)............
Suggest you all look it up.
Amazing how many of you have no idea , none, about what you are talking about.
Kelly Lonigan
4:52 pm on Saturday, September 8, 2012
amazing how you disregard (c) 3 because its not convenient to your argument
(3) On a confidential basis, the principal of the school where the juvenile is enrolled for use by the principal and such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or to planning programs relevant to the juvenile's educational and social development, provided that no record of such information shall be maintained except as authorized by regulation of the Department of Education; or
Kelly Lonigan
10:31 am on Saturday, September 8, 2012
i cant wait for this trial except there is no way it will happen. there is no case. this is a good old-fashioned money grab with the hope of a quick settlement. Is it the parents or the kid that is initiating this nonsense? So what are the actual damages? If 1 'eyewitness" to the beating fingered this kid as being a participant then there is probable cause for an arrest. After that it is up to the Prosecutor and he needs to conduct a full and thorough investigation which takes time. The boe took its cue from the prosecutor. I dont see where anyone did anything wrong or illegal except for the eyewitness who gave bad info. For anyone to think there is a conspiracy against the Wh football team or Troy Zaffino perpetrated by the Police, Boe, prosecutor please give me whatever you are smoking...............You are the same bunch of people who kept telling us the whole thing was a witch hunt and wait until the truth comes out. Well i see 8 of 9 players pleading guilty to a crime....so what am i missing?
Andy
11:28 am on Saturday, September 8, 2012
I don't know... call me a throw back or out of touch but, When I was growing up; Valley fought with Hills, Hills fought with DePaul and DePaul fought with anyone who started with them but, when the fight was over you picked up your "wounded" and left. Later when questioned nobody fought with nobody, anyone injured ... it happened when the tripped and fell down or were on a skate board. Fights were off school property and football was on school property. No one said anything to anyone because if you were in a fist fight... the coach would bench you because of "conduct unbecoming" and you would run laps or suicides for a week. Your parents may or may not ground you depending on the circumstances and of course until the score was settled the nine WH guys would be looking over their shoulder and be ready at every party for the two WV guys to come back with 20 of their friends to repay the beating... no cops, no lawyers, no newspapers ... Life was so much simpler when kids had respect for their parents, themselves, and authority, society wasn't breading "law suit millionaires", it was teaching hard work and consequences ... the days of yesteryear ...
Luis Matos
7:32 pm on Saturday, September 8, 2012
When is Jersey Shore filming in Wayne :)
Andy Passa
8:19 pm on Saturday, September 8, 2012
WOW! A lawsuit? This is craziness!
Pat
9:51 am on Sunday, September 9, 2012
All I know is Troy better stay at college. If he comes to Wayne, he better be careful. Naming the police chief and arresting officer in the suit, better not so much as spit in public. I see a lot of trips to police headquarters for him and his family.
Hills v. Valley
11:57 am on Sunday, September 9, 2012
I've been scouting towns for a new place to live. I've also been aware of the "Us and Them" mentality that seems to continually strive in Wayne. Sorry Wayne-ite home sellers...I'm passing you by.
Scondo
12:41 pm on Sunday, September 9, 2012
Absurd. what you are suggesting is that he would be subject to retaliatory actions. even I who believes every police department in them nation should have civilian review do not believe your idea for a minute. We enjoy a highly professional police department that occasionally has a managerial and public relations failure.
Scondo
12:43 pm on Sunday, September 9, 2012
Hardly a major issue, and probably non existent.
Gordon Rizzuto
3:01 pm on Monday, September 10, 2012
Kelly I agree 100 percent. Time and Time again people have been saying the TRUTH will come out. It was a witch hunt against these boys and Wayne Hills football. What a joke. Suing because he was denied due process for a football game. Where does it end? Let me ask all of you if the two boys who got assaulted should sue because they weren't allowed due process. What judge and jury decided the punihsment for those two kids? None. 8 Wayne Hills football players did.
The Man
4:48 pm on Monday, September 10, 2012
I just wonder if people had to post using their real names would they say the same things?
There seems to be a lot of opinions, some filled with hate, and at the end of the day, these are kids we're talking about......