Ex-Cop Gets $600K Settlement for 'Punishment Detail'
Payment includes $350,000 for 'physical injury and sickness' to a retired officer who claimed he suffered health problems due to assignment given by former Madison Police chief.
A retired Madison police officer who claimed he suffered health problems due to a "punishment detail" assigned in 2010 by the now-retired police chief has reached a $600,000 settlement with the borough, according to a copy of the agreement.
Officials have indicated that under Madison's legal insurance policy, the municipality is responsible for $50,000 of the settlement payments.
The total includes $350,000 for retired Officer Anthony Kaspereen's "physical injury and sickness," $200,000 for his attorney fees, costs and disbursements, and $50,000 for lost wages, according to a copy of the agreement provided Monday in response to an Open Public Records Act request filed last week. The copy of the agreement is attached to this article as a PDF.
The Borough of Madison and Police Chief John Trevena, who announced his retirement Wednesday, were named as defendants in the case.
The agreement says the plaintiffs agreed to release federal anti-discrimination and civil rights laws claims, and loss of companionship claims by Kaspereen's wife, Jennifer.
Madison had claimed Kaspereen was overpaid by $34,980 at the time of his retirement, and released that claim.
The parties also agreed Kaspereen would not seek any other payments, or reinstatement to the Madison Police Department.
The lawsuit claimed the "punishment detail" involved patroling downtown Madison by foot for nine hours at a time in the summer heat, and that it caused him to suffer dehydration and post-traumatic stress disorder.
According to a transcript of a deposition given in the case, PBA President Anthony Maccario, a Madison police patrolman, said the chief's alleged orders for Kaspereen's assignment amounted to an improper disciplinary action and were "unbelievable," particularly orders, relayed in an email from a sergeant, that Kaspereen was not to respond to calls or receive assistance at a time when staffing in the department was reduced, which Maccario agreed with Kaspereen's attorney, Kevin E. Barber, was dangerous.
There is no admission of wrongdoing or liability, and the parties settled "solely for the purpose of amicably resolving any and all matters in controversy or dispute, and to avoid the further expenditure of attorneys fees and other costs that would result from continued and protracted litigation," the agreement says.
The parties agreed to keep the terms of settlement confidential, but acknowledged they might be a public record under state law. If contacted by media, Madison officials may say, "The case has been resolved," or, "the parties have not admitted to any liability or to any wrongdoing or to any violations of law or statute or rule or regulation, and that the basis for settlement is to avoid protracted litigation and attorneys fees."
Borough Administrator Ray Codey has said under its legal insurance policy Madison is responsible for $50,000 of the settlement payments, that is, 20 percent of payments up to the first $250,000. Madison also has a $20,000 deductible for legal defense fees.
Steve Wells
12:56 pm on Monday, August 6, 2012
The American Way: Just throw gobs of money at a problem to make it go away, and, Heaven forbid, don't assess blame or force acceptance of responsibility. In this case, BOTH Kaspereen AND Trevena -- and, of course, the lawyers -- made out handsomely while the search for truth gets abandoned. The Madison Way: Just sweep it all under the rug, pretend nothing happened, and keep listening to Councilwoman and police liaison Tsukamoto prattling on hypocritically about fiscal conservatism.
Fred L.
2:15 pm on Monday, August 6, 2012
HAHAHAHAHAHA. That's it?!!!!! They are only responsible for $70,000. Please, im sure this town has already paid more money for the North Street pumping station.
Bill Kingston
4:14 pm on Monday, August 6, 2012
Fred L. - Glad you can laugh at the Borough "throwing away" (you can guess what term I'd really like to use) $70,000. That's $70,000 less that could have been spent elsewhere, or raised in taxes - and yes, I mean spent responsibly!
Madison Cyclist
4:38 pm on Monday, August 6, 2012
Who actually negotiated the settlement: the boro or the insurance company? Will the boro's insurance premiums go up because of this, or did Trevena's resignation remediate that?
emily palmer
5:12 pm on Monday, August 6, 2012
Trevena gets away with a fat pension & we get stuck cleaning up the mess our own little dictator created. He should be personally responsible for a portion of the settlement. Is he still on the payroll (gravytrain) until some arbitrary date when he's finally used up his vaca/sick days? Who's laughing now? NOT the taxpayers!
Patchisarag
8:25 pm on Thursday, August 9, 2012
He retired (not "gets away"), so of course he gets a well-deserved pension for 29 years of service. Does he not deserve it? Was he convicted of a crime? How do you know he was not personally responsible for a portion of the settlement? If you dislike public employees just come out and say it but if you dislike the system then take your gripes to Trenton.
Madison Cyclist
5:30 pm on Monday, August 6, 2012
Emily - the search function is your friend. Try it some time: http://madison.patch.com/articles/madison-police-chief-retires
And while at it, try the Snooki does Morristown stream.
emily palmer
1:35 am on Tuesday, August 7, 2012
I DID read the articles & the way I understand them says that Trevena was a bully & punitive boss. Retiring immediately IS GETTING AWAY! He may have been a good cop & chief once, IDK. BUT, once he allowed his pride & ego cloud his judgement he not only put at least one of his officers at risk, he potencially could have done the same to the other officers. And he has cost the taxpayers alot of money. All because of his ego. Read the articles yourselves, he sent his rants in writing! Whenever a public servant suddenly "retires effective immedantly" there's usually a "behind closed doors" backstory. It stinks & we are stuck paying the price.
Bob
8:18 pm on Monday, August 6, 2012
@ patchisarag I agree with you and I also believe everyone dislikes public employees, seems they have alot of jealousy towards the pay they receive and the pensions they earn .... And like I tell them all "if you think it's unfair and they get over compensated for the work they do , then go apply and get a public job yourself"
emily palmer
1:41 am on Tuesday, August 7, 2012
I do not dislike public employees. I simply dislike anyone who abuses a position of authority. I believe that those who abuse their authority should be penelized for doing so.
Patchisarag
8:11 am on Wednesday, August 8, 2012
@Bob, I'm guessing you are replying to my post that has magically disappeared. Seems the North Korean Patch is at it again and has sent my comment to pending approval land. Glad you are my witness.
By the way Jake, are you going to do breaking news articles on the other lawsuits against the Borough or just the ones that give you your flashy headlines. Its funny how some headlines are up for only hours but the ones involving the Police remain for days. For some reason it seems like you want to discredit them. As a long time taxpayer, I support the Police, along with the rest of the public employees. They have been through a lot over the last several years but continue to remain professional even without the support of the politicians as well as many posters. Keep your heads up and continue to protect me and my family. Thanks for what you do.
Patrick Franklin
2:12 am on Tuesday, August 7, 2012
Your not the only one that's noticed. This really shouldn't be called the Madison Patch anymore. The majority of stories which receive comments are from other patches around the area. The Madison Patch is close to reaching rock bottom.
Stephen Mindnich
8:36 am on Tuesday, August 7, 2012
Too bad madison doesn't have "clawbacks" for employees that put their employers in financial hardship like the evil private sector does.
dutchess
9:51 am on Tuesday, August 7, 2012
I sympathize with the officer having had a dehydration incident myself. It is nothing to take lightly and can cause death in a very short time. He deserves everything he got.As for the Chief he should have to walk the street in high temps for a week during his paid time off before he retires.
Local Joe
12:06 pm on Tuesday, August 7, 2012
I wish I had $600k for every time in my life I've had to enure a similar thing, I'd buy Microsoft. What a F^*&ing baby! What is he crying about, OMG!
As I have pointed out before the are 3 businesses in downtown Madison that are open 24 hours, sell cold beverages and 2 of them are air conditioned. Also my understanding was that the shift was at night? So NO sun and lower temps. Grow up, and be a man. How did this baby get through the academy in the first place?
Men go to war and get PTSD from watching their buddies get blown to bits right next to them and this guy claims PTSD from an evening stroll around downtown Madison, NJ? Can we get all the soldiers their $600k first? WTF!
Patrick Franklin
12:24 pm on Tuesday, August 7, 2012
He wasn't allowed to leave his post, so he couldn't go downtown and buy water. Are you trying to tell us that it's not hot a night?
Local Joe
12:30 pm on Tuesday, August 7, 2012
"The lawsuit claimed the "punishment detail" involved patrolling downtown Madison by foot"
His post was a patrol downtown, patrols involve walking. What location could he not leave exactly? Also if there was so much immobility involved as you are suggesting then he wouldn't have gotten dehydrated very fast.
Patrick Franklin
12:45 pm on Tuesday, August 7, 2012
It's a dead issue. The Chief has stepped down and the town wanted this settlement finished as quickly as possible, what does that tell you. On a hot summers night one could be dehydrated in a matter of minutes by merely standing outdoors.
Local Joe
1:03 pm on Tuesday, August 7, 2012
While the outcome has been decided it is certainly not a dead issue otherwise the paper wouldn't report it and I have every right to express my disappointment with the spinelessness of the local government.
You can not become dehydrated in a matter of minutes just standing around at night, don't be dramatic. Might I also ad that we are not talking about someones great grandmother here. we are talking about a man in his prime who has (allegedly) been highly trained to protect and serve, someone who you rely on for your safety AND for the safety of your children. That is the perspective from which I call this man a whining little baby who should not have been hired for the position in the first place.
Patrick Franklin
4:43 pm on Tuesday, August 7, 2012
Spoken like someone who's never worked outdoors. He was most likely wearing a kevlar vest and 20 pounds or so of other gear. I served in the military as well, comparing PD to military is moronic and really has no bearing on this matter.
It is a dead issue, he got his payday and the Chief is gone. End of story.
Local Joe
5:44 pm on Tuesday, August 7, 2012
Have you ever found yourself hiking a mountain with a 30 pound pack, no where near civilization from sun up to sundown? How about hiking across a lavafield in Hawaii for about 5 hours in the direct midday sun with no shade in sight and no supplies at all? Hiked sections of the Appalachian trail for a week straight? Well I have, and that was leisure time, don't make ASSumptions about people. The guy is a baby, maybe you are one too since you insist on revisiting comments you made earlier that I already responded to.
Patrick Franklin
8:23 pm on Tuesday, August 7, 2012
I've spent years of my life in a couple of different deserts (and a 30lb pack would've been less than half of what I had to carry), but who cares. Military and hiking are completely irrelevant to this topic. The Chief over stepped his boundaries as a supervisor and cost the town a lot of money in the process. Is this cop as tough as a Marine? No, not many cops are and that isn't a requirement for police work in Madison. The fact that the Chief was dumb enough put all of his demands in an email is incredible, what kind of Chief would order other officers not to provide a fellow officer with assistance?
Navy Mark
3:07 pm on Tuesday, August 7, 2012
I totally agree with local Joe !! I am a war vet and I served my country with honor and to come home to see that our local policeman is such a big baby make me want to puke !! I had to keep watch over a multi billion dollar submarine for 8 hour shifts in the blazing sun in full gear ... And not once complained !! Thank GOD for our second amendment !! Just proves that we cannot relie on our local police!! I am ashamed of what this country has become.... Whining little babies !!!
Navy Mark
5:58 pm on Tuesday, August 7, 2012
I also know a few police officers there... I grew up in Madison . I'm just very angry at this one policeman. Also I know he does not represent the whole Madison force. Thank God for that!! But on the same note this has become a trend in America today !! Being whiny little babies.!!
Navy Mark
6:03 pm on Tuesday, August 7, 2012
P.S You are welcome... If I can serve my country again I would do it in a heart beat and wouldn't think twice . :-)
Navy Mark
10:33 pm on Tuesday, August 7, 2012
Excuse me mister patrick Franklin ... Our police force should be as tough as the marines are !!! They are suppose to protect the public !! So it should be a requirement of our police ! How can they protect and serve us if they have jelly bellies and out of shape... If you were in a situation that needed their assistance you would want them to be at the top of their game ... To help you in your worst situation ! We rely on the police to help in and all situations . It's a requirement of their job ... If not you would probably cry and try to sue them .... I'm so sick of this nanny state !!
Patrick Franklin
6:45 am on Wednesday, August 8, 2012
You sound like an unrealistic fool. Besides the troopers no cops are as tough and well trained as the Marines. I've never been in a situation in Madison where I needed a platoon of Marines to come to my rescue. Gimme a break, they're small town cops not a infantry platoon. It is clearly not a requirement of their job, so keep dreaming while the rest of us are dealing with reality.
dutchess
10:23 am on Wednesday, August 8, 2012
Navy Mark and Local Joe sound like very angry people. Not sure I would want them carrying a gun. Stop acting so macho!
I don't think a police officer suffering from dehydration is going to be able to protect and serve. I'm sure even soldiers have suffered dehydration on occasion.
Local Joe
10:44 am on Wednesday, August 8, 2012
Nancy, I am not angry. My point is simply that I personally have suffered from dehydration on multiple occasions and it is not something you get PTSD from. Yes it may be unpleasant but if the guy is that emotionally fragile he shouldn't have been a police officer in the first place. He should have sued the department for wrongful employment, if for anything at all.
Steve Wells
10:29 am on Wednesday, August 8, 2012
This comment stream has become more than inappropriate. Patch should end it. No one who's commenting has ANY idea as to what the actual facts of the case might have been. We're ALL waiting to be educated on that one, although it's almost certain to be swept under the proverbial rug.
dutchess
10:53 am on Wednesday, August 8, 2012
Joe you are lucky you did not suffer any permanent damage from dehydration or you would not be treating it so lightly.
Have you not heard of big strong football players dropping dead on the field from dehydration? Size and strength have nothing to do with it.
kcd
12:12 pm on Wednesday, August 8, 2012
Wow! Where else can you have a job that doesn't fire you for poor performance and still get a pension on the taxpayers dime after costing them over half a million dollars for sheer arrogance and poor judgement? Madsion! Wake up people! These are our governing leaders that allow this to happen.
kcd
12:22 pm on Wednesday, August 8, 2012
PS Let's not ignore the fact that Trevena is paid to "Serve and Protect" his community. He's lucky that Officer Kaspereen did not require back up that day for a resident,or business owner in town. Does that not bother anyone??? That's the real issue, He should have been fired, period!
dutchess
12:25 pm on Wednesday, August 8, 2012
It does bother me! It is also intimidation of whistle blowers!
Robert McDowell
11:18 am on Thursday, August 9, 2012
Interesting dialog! A Madison town policeman brought suit and won. The chief resigned. Isn't that enough to admit that something was wrong. Or maybe we should go into how evil unions are after 40 years of decimation. Or council-people asking if they are over compensated, long after unions who were over 30% of the workforce are now near 10% after all the support we have given them.
The town is lucky with the insurance outcome .... and someone is naive enough to ask if the rates will increase. Ho hum, we continue to look at the fleas on the elephants back while the real issues continue to be ignored.
Anonymous
11:15 pm on Friday, August 10, 2012
Pray tell, Mr. McDowell, what are the "real" issues? I guess flushing over $100K down the toilet is mere pocket change to some, but not all taxpayers.
Anonymous
10:30 am on Friday, August 10, 2012
What's taking so long?? Praaaayyyy Teeeelllllll
Anonymous
11:01 am on Friday, August 10, 2012
Once again, the fake Anonymous has arrived. Very unoriginal, and as usual, nothing useful to add (and once again, trying flack for a feeble Dem).
You can see the real and fake posts for each "Anonymous" here -
Genuine Article - http://livingston.patch.com/users/anonymous-e58430ca
Pathetic Imitation - http://madison.patch.com/users/anonymous-03f056e8
So back to Mr. McDowell - What are the REAL Issues???
As for your whining about the "Decimation of Unions" . . it might hold for private sector employees, but public sector unions have done fabulously, especially in the past decade and right through the recession.
* How many Borough of Madison employees lot their jobs during the recession?
* How many saw their salary and benefits reduced?
* Compare that to the citizenry that pays their salaries.
So what's their/your complaint????
Patrick Franklin
11:14 am on Friday, August 10, 2012
"Fake Anonymous", now that's hilarious. How could one be fake when neither have an identity?
Patrick Franklin
11:16 am on Friday, August 10, 2012
BTW, you and Mr. McDowell's argument has nothing to do with this article. The two of you should take your feud to a more relevant blog.
Anonymous
11:15 pm on Friday, August 10, 2012
First, someone posting under a pseudonym shouldn't be commenting about the "names" others choose to use, and, I doubt you'd be thrilled if someone changed their name to match yours and started posting bogus comments in your "name."
Second, who died and made you and Mr. Wells the boss of the Patch?? Lecturing others about what is, or isn't, an appropriate comment for a given article isn't your call.
Third, still waiting for Mr. McDowell to check with the party leaders to see what his response should be. Tick-Tock.
Patrick Franklin
2:18 pm on Friday, August 10, 2012
I'm not the boss here, but it's common blog courtesy to post on topics relevant to the blog. There are plenty of other articles for the 2 of you to continue your argument in.
Johnny Boy
6:41 pm on Thursday, August 9, 2012
Local Joe and Navy Mark. By reading between the lines it seems that you both applied for police positions and failed to get hired. Both of you idiots have no idea what happened. I bet both of you would crap your pants if put into some situations our police go thru.
Patrick Franklin
10:16 am on Friday, August 10, 2012
Local Joe and Navy Mark are the only ones "whining" in this blog, although I wouldn't expect much better from a squid.
Johnny Boy
6:54 pm on Thursday, August 9, 2012
Why do you think the town settled the suit. They did not want to go to a jury trial. It would have cost the town alot more than the settlement payout. If a jury heard this case the payout would have been 7 figures. The N.Y. News stations would have jumped all over this story.
Sandman
7:21 pm on Thursday, August 9, 2012
Can everyone please get off the crap topic of dehydration! If anyone had actually read the previous articles you would know that this lawsuit and settlement was about much more -- like the Chief directing officers not to call this particular officer for back up and to call another town instead OR not to assist this officer if he needed assistance on a call. Imagine if you were the victim of a serious crime and needed help, or you or a loved one needed medical life or death attention...no one on here would be complaining about this lawsuit if someone had died due to the Chiefs ridiculous idiotic orders - if someone had died or had serious injuries then the lawsuit would've been in the millions of dollars. Be glad Trevena is no longer Chief - he put the lives of all residents at risk and had no regard for what effect his actions/orders could have.
dutchess
10:20 pm on Thursday, August 9, 2012
I agree Sandman! You don't leave a fellow officer out to dry.
Robert McDowell
8:23 pm on Friday, August 10, 2012
Still pretty simple to me, he brought suit and won ..... Good the town had insurance.
Anonymous
11:15 pm on Friday, August 10, 2012
Guess the old adage about nothing being complex to a simple mind holds true. And flushing $100K down the drain because of poor management and lax oversight isn't good.
Patrick Franklin
10:50 am on Saturday, August 11, 2012
Lol, Anonymous sounds like the scorned ex lover of a Democrat. She attacks anytime a Dem posts here. Did your old Dem boyfriend dump you for a libertarian?? It's okay Anonymous, there are plenty of fish in the Republican sea.
Anonymous
12:06 pm on Saturday, August 11, 2012
Don't quit your day job, you'll never make it as a psychologist.
Note - I would have added "LOL," but I'm not a teenage girl.
Patrick Franklin
12:30 pm on Saturday, August 11, 2012
Anonymous is probably short for overeaters anonymous. During the good ol Clinton era your ex was fine with dating an over weight lady. When Bush took office, seeing the country run into the ground and coming home to a tubby GF was too much to bear. So he fixed what was under his control and cut you loose. That's when you're hatred for the Dems started. There's got to be a Republican out there who's willing to take one for the team, overeaters need love too.
Anonymous
12:44 pm on Saturday, August 11, 2012
Another swing and a miss. Time to cross off "Comedian" from the list of career choices. "Armchair Historian" is also a no-go.
Feel free to continue to flail away, however.
Robert McDowell
2:14 pm on Saturday, August 11, 2012
We could have saved the money if we had a more professional chief. Power corrupts.
Anonymous
4:17 pm on Saturday, August 11, 2012
Still waiting for you to elaborate on your provocative statement from earlier in the week, "we continue to look at the fleas on the elephants back while the real issues continue to be ignored." What are the "elephants"?