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Hightstown Council Member Sues Borough, Police Department

Robert Thibault is seeking attorney’s fees, damages.

 

A Hightstown council member filed a lawsuit against the Borough, police department and a detective, alleging a 2010 traffic stop violated his constitutional rights and was motivated by his support to consolidate the police department.

“Why I decided to sue was because [Detective Benjamin Miller] violated my constitutional rights and has not been in any way disciplined by that, and it is to help ensure that there is a punishment, a cost, for violating the constitutional rights of anyone in Hightstown,” Thibault said.

Thibault filed a complaint with both the police department and Mercer County Prosecutor’s Office after he was pulled over in 2010 and issued tickets for driving with a suspended license and failure to surrender a suspended license.  Thibault alleged his rights were violated when Miller searched his warrant and DMV history, according to the suit.

Officials in North Carolina expunged Thibault’s traffic record after determining the suspended license was a clerical error, and his New Jersey license was reinstated. 

The prosecutor’s office did a “paper review” of Thibault's complaint, and Hightstown police completed the internal investigation, which was later turned over to the courts, according to court papers.

In December 2011,a judge threw out evidence from the 2010 traffic stop, called the stop “politically motivated” and said Thibault’s first and 14th amendment rights were violated.

Thibault is suing for humiliation, pain and suffering, harm to reputation, loss of self-esteem and attorney fees, as well as other relief to be determined by the court.

Borough Administrator Michael Theokas said he could not comment, and Police Director James Le Tellier referred comments to the Borough’s attorney.

Miller and attorneys for the Borough could not be reached for comment. 

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Related Topics: Lawsuit, Robert Thibault, hightstown, and hightstown police department

Vic Monaco

4:21 pm on Tuesday, August 21, 2012

Bravo! The idea that this council has done NOTHING to discipline Miller is outrageous. The borough could have avoided this expense by simply doing what was right after Miller, once again, did what was wrong.
And this will be an expense because one judge has already made it crystal clear how wrong Miller was.
If the council were smart, it would fire him for his myriad mistakes (see Amy Giordano case and ICE visit) and avoid another mess.

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B.Bennett

5:35 pm on Tuesday, August 21, 2012

Good for him! The borough council is useless and Mr. Thibault is probably the only one one there interested in the residents of Hightstown. He was treated badly and he did win in court. Good luck.

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E

6:47 pm on Tuesday, August 21, 2012

Isn’t Miller the same HPD officer that lost his gun privileges in 2011 and was assigned to desk duty? This action alone should have raised a red flag and been sufficient to remove him from the HPD! This officer’s behavior has been an embarrassment to his peers and Borough residents for years. Now is the time for PD LeTellier to start cleaning house! However, will it be easy for him? Probably not, as I'm sure he'll have opposition from council members who belong to the VoH.

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Vic Monaco

1:52 pm on Thursday, August 23, 2012

Indeed. That's the same guy. Hard to understand how he still has this important job.

clara

9:10 pm on Tuesday, August 21, 2012

How much has the boro authorized spending to prosecute a case like this for two years? How much OT has Det. Miller earned for court appearances and depositions? I guess the boro sanctions unlawful police conduct? But try letting your grass grow too high and you get slapped with fines. Too much crazy in this town.

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B.Bennett

6:26 am on Wednesday, August 22, 2012

Where in this town do they give fines for grass too high? Not on this side as they don't give tickets for overcrowded boarding houses, urinating in public, loud music, parties, cars with no plates parked at houses....and others I can't think of right now....
again the council is a joke....

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SLSmith

7:02 am on Wednesday, August 22, 2012

I hope that this costs Miller his job. He is so smug. He really broke the consitutuional law and so far is still smirking.

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Hightstown Homeowner

8:16 am on Wednesday, August 22, 2012

Miller also bungled the investigation of Amy Giordano's murder and provided absurdly incorrect crime statistics to the State Police. Why he hasn't been run out of town is a mystery to me.

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Vic Monaco

1:56 pm on Thursday, August 23, 2012

He allowed me and other media members to trample all over that crime scene because....he didn't think it was a crime scene. The great detective said at the time he believed she just took off. The county had to shut down the scene days later.

Einstein Moomjy

1:18 pm on Wednesday, August 22, 2012

I find this very disturbing and upsetting.

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JJ Ames

3:46 pm on Wednesday, August 22, 2012

Why was Director LeTellier so quick to comment on people talking badly about illegal aliens, but not so quick to comment on this?

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Ermel

6:51 pm on Wednesday, August 22, 2012

Mr.Miller overstepped his duties and the Constitution. Blind justice is misjustice!
Borough and their lawyers should know better. Just because you have a badge, does not mean you are doing the correct thing. Fire him!! He is a discredit to Police Dept.

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robert

8:13 pm on Wednesday, August 22, 2012

consalidation sure would have been cheeper and a better force . thanks voh still happy

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clara

2:43 pm on Thursday, August 23, 2012

also would have been cheaper to have dismissed the tickets, since officials admitted they resulted from a clerical error, apologize for allowing an officer to conduct a politically motivated, unlawful search and stop and discipline Miller
still want to know how much the boro has already spent of our money to save face

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Bob

3:01 pm on Thursday, August 23, 2012

Miller didn't "botch" Giordano case. Suspect was convicted. Thibault did in fact have a suspended drivers license, even though it was an administrative error. Statistics provided to State Police were not "absurdly incorrect." It is very easy to bash Miller with false or grossly exaggerated "facts." As a police officer he is not able to speak up for himself in a public forum.

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Vic Monaco

5:26 pm on Thursday, August 23, 2012

Interesting that Bob (above) just makes statements and judgments with nothing to back them up. Suspect was convicted? Yeah, after a very long time and NOT because of any good work done by the investigating detective, who had to be pushed aside by the county. If he had done his job, the suspect might not have been able to leave the country. And it was determined fairly quickly that Thibault's suspension was a MISTAKE but the borough continued to pursue the "case," violating the Constitution (per the judge, not me) and spending taxpayer dollars to do so. The borough was hard-headedly determined to prove Miller correct and couldn't.

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SLSmith

9:25 pm on Thursday, August 23, 2012

Bob, you don't know Jack. Where Miller violated Thibault's rights was to look up his National motor Vehicle records just because Thibault was in favor of Police Dept consolidation with East Windsor. He just wanted to GET Thibault for "something" to throw a monkey wrench into the consolidation. That was the beginning and he should have been fired for it. The Judge said so in the decision.

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CK

12:10 pm on Sunday, August 26, 2012

Bob, I don't know why you bothered defending Miller. Didn't anybody explain the rules of commenting to you? See, if you have an opinion that differs from the rest of the group, you are immediately chastised, and called dumb. This is especially true if you disagree with the high and mighty Vic Monaco. Tsk tsk.

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Vic Monaco

12:15 pm on Sunday, August 26, 2012

Once again, CK, at least I make it clear I am writing my opinions (based on experience with Miller) and don't hide like a coward behind initials. And, once again, you brought nothing to the table to actually defend the defenseless.

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CK

2:16 pm on Sunday, August 26, 2012

I'm not defending Miller. I definitely think he has made some massive blunders, and probably deserves the consequences. My comment had to do with the manner in which comments are received. It's not just this article, and it's not just you, although you have a penchent for snide remarks to people that disagree with you. In his (Bob's) opinion, Miller isn't that bad. While people may disagree with it, I don't think his opinion needs to be challenged in such a harsh manner. Not everybody on here was privileged to the information you were, such as being at a crime scene. And I'm not hiding behind initials. It's not like you can't address me on here. I choose to use initials, and have used them for most of my life, but you felt the need to insult me, and call me a coward. Thanks for proving my point buddy. You have a nice day =)

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Vic Monaco

2:25 pm on Sunday, August 26, 2012

First off, Bob accused me and others with pointing to FALSE or exaggerated facts. So, in effect, he was calling others liars. But you think I'm the one who's harsh.
Secondly, you still haven't identified yourself as I have, and I think that's cowardly. And a whole lot of folks in this world feel the same way about anonymous posters who are apparently afraid to put their names behind their positions.

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CK

2:56 pm on Sunday, August 26, 2012

My name is Charlene. I have gone by CK my whole life. See, you don't like me being anonymous because I don't see eye to eye with you. Others on this thread have posted anonymously, but because you approved of what they had to say, they weren't chastised. I don't really care about your opinion of anonymous posters. I'm certainly not the only one on here that chooses to remain relatively anonymous. I'm actually finished, since I'm not really interested in getting pulled any further in this ridiculous debate about initials. If you need to have the last word to assert your dominance over little ol' me, by all means sir, I'll leave you to it. I still hope you have a nice day. =)

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Jul

4:05 pm on Sunday, August 26, 2012

Every one is entitled to there own opinion and ck u r 100% in my opinion correct about vic he always does that to people who don't share his same views on things.im really glad u said something about it good for you also he has a lot to say for some who does not live in Hightstown !! I'm really more concerned about the actual tax payers of this town whatever there opinion may be.also so people no Ben miller also as saved several lives in this town as a 1st responder Vic funny that is never mentioned an yes it's a fact!!!! anyway this is all I have to say Vic can say whatever he likes I won't respond to it either I hope all the tax payer of this town keep stating how they feel maybe 1 day it will help to better this fine town we live in.

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Vic Monaco

4:12 pm on Sunday, August 26, 2012

Don't ya just hate outsiders who have done nothing to help the town, except inform them of what was going on for several years?

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Torry Watkins

12:25 pm on Monday, August 27, 2012

All right you kids! Don't make me stop this car!

Vic Monaco, one of the most hightly respected reporters ever to work this town, has it about right, both regarding Miller and his sorry public record and absolutely right about all these anonymous posts. Any anonynous poster can make the most outrageous statements and then the serious people get all bogged down (and vilified) trying to set the record straight. For example, why would anyone take "Bob" seriously? He or she could be Ben Miller himself. a PBA officer, or anyone else with an axe to grind. Just in this one instance "Bob" makes two dubious statements. First, the defendant in the Giordano case wasn't convicted. He chose to plead guilty. Had that case gone to trial, it may very well have gotten tossed because of the contaminated crime scene. Second, anyone with half a brain would know that the Miller "gangs" report was fabricated and why it was fabricated by Miller, endorsed part way up the chain of command, and then covered up by the State Police. Many people in town have their favorite Miller stories, some good (as "Jul" points out) and many bad. My personal favorite, which appeared in the WHH a few years ago, has yet to be cited in these spaces, but it's a doozey.

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Vic Monaco

12:28 pm on Monday, August 27, 2012

Thanks much, Torry. Hope you're well.
Now you've piqued my curiosity. Is the story you're talking about from before my time?

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Vic Monaco

12:33 pm on Monday, August 27, 2012

Two bottom lines for me.
The first one many won't believe.
I care about Hightstown after all those years and would like certain things to improve for the taxpayers.
Number two? A JUDGE HAS ALREADY SAID MILLER VIOLATED THE CONSTITUTION.
'Nuff said.

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Vic Monaco

4:27 pm on Wednesday, September 19, 2012

Quote from the week of June 18, 2007 regarding Amy Giordano's apartment:
"It is not a crime scene. I have no right to go through her apartment and her property. If I wanted to do that, I'd have to get a warrant. I can't do that unless there's a crime in New Jersey. There are no indicators, whatsoever, to point in that direction."

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