Suing The Bastards

April 16, 2012

All Posts, News

A federal lawsuit in New Jersey, titled James Coles et al. v. Nicholas Carlini et al., is starting to get interesting.

Coles is a member of the Pagans Motorcycle Club. His fellow complainants are Pagans MC patch holder Louis C. DeGailler and Joseph Ballinger. Ballinger is a member of the Tribe Motorcycle Club. Carlini is a New Jersey State Police Trooper. His fellow respondents in the suit include Paula T. Dow who is the New Jersey Attorney General, State Police Superintendent Joseph “Rick” Fuentes and New Jersey State Police Troopers Gregory Manuel, Kristofer Gertsen, Erik Lindner, Thomas O’Connor. Last Friday a lawyer named Boyd Spencer filed a “Second Amended Civil Rights Complaint” against the cops. The case has been going on since November 23, 2010.

The most recent filing demands judgment in the complainants “favor, jointly and severally, against Colonel Fuentes and Troopers Carlini, Manuel, Gertsen, Lindner, and O’Conner, in their individual capacity, for declaratory relief, injunctive relief, legal relief including compensatory damages, punitive damages, costs, interest, attorney fees, and such other relief that this court may deem just and appropriate.” The amended 60 page complaint does not specify a damage amount.

The Stop

The suit resulted from a seemingly undeniable abuse of police power on July 30, 2009. Coles, DeGaillier, Ballinger and three other patch holders were stopped and detained on Route 70 in Southampton, New Jersey while they were on their way to a charity fund raiser, for a sick child, at the Woodshed Beef & Beer in Vincentown. The stop was a blatant attempt to harass the bikers. The mechanics of the stop violated a previous federal consent decree that requires police to begin video recording as soon they signal motorists to stop. Carlini, did not activate his dash came until after the stop was made. “I got three Pagans, a Tribe and two unknowns,” Carlini reported to his dispatcher. At the time, Carlini was acting as Manuel’s training officer.

“None of you have proper helmets,” Carlini told the men he stopped. He then cited all the riders for violating a statute that applies only to motorized bicycles, not motorcycles. “They have to wear visors,” he told the dispatcher.

The other troopers arrived in two batches. All were aware of the fundraiser. At one point, one of the state cops asked Carlini, “These are good hardworking folk. They’re having a benefit for somebody’s kid, man. Why did you have to mess with them?”

Blue And Gold

Back in his car, while doing a lengthy warrant check on everybody in the pack, Carlini wondered out loud “Are we going to use Blue and Gold are the only colors that ride these roads?” Those colors refer to New Jersey State Police uniforms. He then agreed with himself and stated “We use blue and gold are the only colors that are allowed on this road.”

A dispatcher told Carlini that Ballinger had a suspended license for non-payment of an insurance surcharge. Dispatch was wrong. Ballinger had paid the fee.

After giving the six riders their bogus tickets, Carlini told them as a group to take off their colors because “blue and gold are the only colors that are allowed on this road.” He then told Ballinger that he was a suspended driver and that unless everyone in the group took off their colors he would have his bike towed. “You want to take your jackets off? If not this bike is getting hooked.” The men all refused to take off their colors. “I can stand here all night as well,” Carlini said. “I’m going to call for a tow for the impound.”

Coles then asked for a complaint form. Carlini gave him one but refused to tell Coles his name. Fifty-one minutes after pulling over the bikes Carlini told everyone but Coles “You’se five are free to go.” Two members of the pack stayed behind.

Another Pagan named Walt Smith arrived in a pickup truck to secure Ballinger’s motorcycle. Police had stopped him to check his documents while he was en route. After one hour and fourteen minutes Ballinger was allowed to leave in the pickup truck and Smith was allowed to ride off on Ballinger’s bike.


The traffic tickets were dismissed when the bikers went to court. In open court the prosecutor stated that the tickets were written for a statute that only applied to motorized bicycles in order to insult the six men and disparage their Harley-Davidsons.

The federal suit which was filed about six weeks later alleges that the state police acted in violation of the First, Fourth and Fourteenth Amendments to the Constitution. The police asked the judge in the case, Jerome B. Simandle, to dismiss the suit on the grounds that because the defendants are police, they have immunity from civil suits and because, they assert, the traffic stop was “objectively reasonable.”

Simandle refused to dismiss the suit on March 29 stating that bikers have a “fundamental First Amendment right to wear motorcycle club colors on public roadways.

The police will have 30 days to file an answer to the amended complain filed last week. There is no trial date.


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34 Responses to “Suing The Bastards”

  1. RVN69 Says:

    Best of luck to all the patches who suffered thru this oppression. Hope you have a hell of a party with the States Money. The people of New Jersey should demand that Trooper Carlini be fired for his illegal actions and his waste of the taxpayers money.

    “I am not an angel, nor am I a devil, I am the bastard stepchild of both”.

  2. Goldsboro Williams Says:

    If it goes to trial, the defense will cringe when they play back an officer saying, “These are good hardworking folk. They’re having a benefit for somebody’s kid, man. Why did you have to mess with them?”

    My bet is that they will attempt to settle, and that nothing will happen administratively to the officer that abused his authority.


    exceptio probat regulam


    The game is not won with defense.

    Defense keeps the other guy from winning.
    Offense wins it for us.

  4. DirtyBruin Says:

    Goldsboro Williams: Unfortunately, I suspect you’re right – but I do have to wonder: should these gentlemen win their case, can they demand as part of their damages that Carlini be fired for cause thus forfeiting all retirement and other related benefits? Would serve the authoritarian cretin right.

  5. Caretaker Says:

    Unfortunately this is new jersey. He’ll probably just get transfered cuz it’s less paperwork… Welcome to whrte I live…

  6. OneEye Says:

    “The police asked the judge in the case, Jerome B. Simandle, to dismiss the suit on the grounds that because the defendants are police, they have immunity from civil suits..”

    It’s like a quasi-diplomatic immunity. How convenient is that? They can violate a person’s rights and break laws that they’ve sworn to uphold and then play this trump card. Do these fucking idiots ever really listen to themselves? Let’s hope this judge has the intestinal fortitude to see this case through to it’s appropriate end. After all the offending cop will probably be suspended with pay; isn’t that called “vacation?”

  7. Vicrider Says:

    Thought I would pass along what I think is a nother illegal police stop. It happened in PA on Easter weekend.

  8. Glenn S. Says:

    There’s rarely any justice within the system. The authorities look hard to find an excuse to favor the government agency, the corporation, or “society” (which they claim to speak for) over the individual. They look just as hard to find an excuse to arrest and convict rather than release and acquit. Rights come and go but rules accumulate. The Supreme Court and Congress has made the Bill of Rights optional, so long as government authorities can articulate a reason for violating them. Remedies for blatant violations of rights by government agents are few, difficult and expensive to pursue, and rarely won because the citizenry has been brainwashed to believe that an overreaching and heavy handed government is necessary to “keep America safe”. On the other hand, it has become increasingly easy for the government to lock somebody up for years, decades, or forever.

  9. Rebel Says:

    Dear Vicrider,

    Thanx much.


  10. Rebel Says:

    Dear OneEye,

    Usually, the idea with police immunity is if the police break the law it is an honest mistake brought on by the stress of them being overworked, underpaid, underappreciated heroes. When you break the law it is because you are a criminal. If you have two friends and one of them broke a law two years ago and the other broke the law five years ago then the three of you together are a racketeering enterprise.

    A few years ago, there was a rash of cases of cops executing people through their wind shields. The way it worked was if a cop could just manage to jump in front of your car he could shoot you in the face because he was in grave fear of his life because you were obviously trying to kill him. Most of those cops got paid vacations too.


  11. Rebel Says:

    Dear Caretaker,

    I think Nick Carlini is going to lose the case. Maybe not. But it is a federal case, not a New Jersey case.


  12. Rebel Says:

    Dear Dirty Bruin,

    They can demand anything they want. The key element is probably the police union contract which I have never seen. Maybe. That is one of the things that makes this case interesting.


  13. Rebel Says:

    Dear Goldsboro,

    Oh no. The case will never go to trial. But the motions, which no reporter will ever read or report, will be fascinating.

    Did you know that according to a recent poll being a print reporter is the fifth worst job in America? After lumberjack, dairy farmer, enlisted military soldier and oil rig worker?


  14. Hose-a 1% Says:

    This is the only way to stop the profiling and murders by these bastards suing and suing again.If you can file suit over spilled coffee then we ought to file on every thing.How about dragging them into court over bullshit like what they are doing to us?Tie up the legal system with case after case.
    They don’t seem to mind spending money on persucutions,how about making them spend money on defending them selves for a change.Then maybe the sheeple will start to ask questions.This might shed a little light on the Nazi tactics.
    Hose-a 1%er Pagan’s M.C.retired F.T.F

  15. sled tramp Says:

    Yesterday,in Eugene Oregon,two members of Brother Speed M.C. were arrested for a number of charges stemming from following and striking a car after the car ran one of the bikes off the road.
    The driver of the car (with passenger) had caused one member to crash.After getting back on the highway,the members gave chase.Naturally, the driver now called the cops who stated the driver did the right thing.No charges against the driver,multiple against the bikers.

  16. Rebel Says:

    Dear Sled Tramp,

    Yeah, I will try to think of something not stupid to say and cover the story in a couple hours.


  17. RVN69 Says:

    Sled Tramp,
    Apparently in Eugene as well as other parts of the country, running over a biker is not a crime. It is something more akin to striking an armadillo or running over a stray cat. Chasing down a cage driver who does that and informing him of the error of his ways is very obviously a crime, probably well on it’s way to being a federal felon and a predicate crime in a pending RICO investigation.

    Hope the patchholder knocked off his bike is doing Ok considering the circumstances

    “I am not an angel, nor am I the devil, I am the bastard stepchild of both.”

  18. JIM666 Says:

    I agree w/Hose-a 1% on this, maby if we all stick together against this 1 common enemy we can at least put a somewhat sizable dent in there seemingly bottomless bank account, I got ticketed yrs ago hen some sorry ass non driving bitch almost tee boned me w/my then 6yr old son on the back caught her at a light and told her that she almost hit my son and me and could have possibly killed us both, her reply word for word, “I don`t care” that`s when i unclicked my helmet strap and put the helmet through her windshield,she ran the light to get away w/my helmet still in the windshield of her cage, the bitch chased down a cop ,as she was telling him of her “Horrific” experience w/ a mad crazed biker I was getting pulled over by another cop for riding w/out a, well you can imagin the rest,,windshield 300 bucks helmet 50 bucks operating a motorcycle w/out safty head gear 100 bucks personal property damage 150 bucks, the look of terror in her eyes when the helmet hit her windshield pricless ,,,, fuckin cunt

  19. Caretaker Says:

    Jim666-that is an all too familiar experience to me.

    Rebel-yeah,i heard it went federal. Here’s hoping that dip-shit,arogant,nj state storm trooper looses. Be nice to see our side win for a change…


  20. 10guage Says:


    I agree with you absolutely, some things are worth the price of admission. That’s one of the scariest things about that big ol biker menace…All the laws in the world won’t dissuade us especially in matters of pride, honor, and manners…as someone wise once said, “when outlaws are outlawed only outlaws will be outlaws”…Telling me you have called the cops and taking pictures of me with your fancy phone will not stop me from doing what needs to be done.

    Strength, Respect, Honor

  21. IrishDragon Says:

    Much respect to the patch holders. Good luck fighting the good fight against these pigs who think there above the law. Those fools deserve no mercy. like RVN69 said hope you have a hell of a party with the settlement.


    I’ve had similar occurences with cagers. If I was in the same situation as you, I would have done the same thing. I think the bitch was lucky you only smashed her windshield. Hats off to you man and beware of those cagers.


  22. IrishDragon Says:


    Thanks for the link. Definitely profiling going on there and talk about overkill. Just another way to justify them pissing away our tax money.


  23. Glenn S. Says:

    I, too, agree with Hose-a 1%. But I’m reminded of how that worked when prisoners sued the prison systems. I recall my first time in, when one prison (the now closed Intake Service Center of the South Carolina Department of Corrections) was so crowded that the 56 men in my 14 man cell could not all fit on the floor to sleep at the same time. I recall prisoners at the SCDC’s Maximum Security Center being tortured and killed (I recall one “suicide” where the deseased had two broken arms and supposedly hung himself. They beat one friend of mine so bad that they were pretty sure he was gonna die, and, don’t ask me why, maybe he was screaming too loud, sent for a drug dealer off the CCI yard to give him a shot of junk. He lived). Anyway, prisoners started suing the system and either winning injunctive relief or forcing prison systems to enter into consent decrees. So what did the government do? The US Congress, in the late 1990s, passed a law rendering the consent decrees unenforcable, and making it more difficult fot plaintiffs to prevail when suing departments of corrections.

    As soon as plaintiffs in such cases start winning, they’ll just change the law. Hopefully, this one will be one of the winners.

  24. swampy Says:

    EVERY FUCKING COP involved in this traffic stop should be terminated from his/her job.

  25. Pretjah Says:

    friggin disgusting!!!!

    as a current NJ resident i can only imagine the treatment they got from “our finest”…..our finest pieces of crap maybe!

    man i can’t wait to get out of this place….it’s so friggin bad they have an exit tax now for people who sell their home and move out of state…my buddy left a bit over 2 years ago the tax was about 8 grand for him!

  26. Tom Says:

    Police in this country are out of control. The power tripping seems unstoppable. Back home in Jersey or out here in Nebraska. It’s everywhere.

    What happened to ethics, sensitivity and communication training? Instead, they are militarized knuckle-heads with too many tools (tazer,mace,rubber bullets,clever charges/violations) to abuse. Not answering “Yes Sir / No Sir / How high Sir” deems you suspicious. Do officers that transition from the military ever get told they left the battle field? Police cry about the dangers they face now (like being crazy/hard felon just started) and how they have to control everything for “safety”.

    Fuck the police. And fuck the older police even more for allowing the next generation of cops behave this way. People don’t speak out because of fear and a general lack of caring (until something happens to them).

    Lets cut police funding and dismantle their unions instead of teachers.

  27. Glenn S. Says:

    It really pisses me off that the whole Treyvon Martin incident has resonated with the citizenry and the media, but the everyday misconduct of cops towards bikers, sometimes resulting in the biker getting killed by the cops, doesn’t even make it to the back pages of the local newspaper without being entirely one sided, and then there’s a full court press to defend or justify the cops’ behavior.

  28. Caretaker Says:

    Q: how do you become a nj state trooper?

    A: fail the police exam.


  29. Glenn S. Says:

    I thought that was how you became a correctional officer. Maybe you become a New Jersey correctional officer by becoming a state trooper and then losing a lawsuit.

    F.T.P., indeed. With a dick the size of a freight train.

  30. Caretaker Says:

    Lol glenn,that sounds about right :)

    You from jersey? Which exit?

  31. Glenn S. Says:

    Nah, South Carolina. But the cops are assholes here too, the correctional officers are slightly dumber assholes, and the people they “serve and protect” aren’t the sharpest knives in the drawer either to put up with it.

    Shortly before I got out in ’95, the department of corrections came up with a way to recruit more correctionsl officers and, at the same time, put welfare mothers to work. They called it “Operation Bright Futures” and many of the welfare mothers couldn’t even read and write. The idea was that they’d put the welfare mothers in correctionsl officer costumes and have them performing meniel tasks until they got a GED, at which time they would be full fledged correctionsl officers with all the honor and prestige that comes with that (sarcasm intended). They had them giving out mail, and shit like that. Here’s how mail call went: Instead of the correctionsl officer calling your name and you getting your mail, everyone lined up in front of a desk. When it was my turn, I said:

    “My name is Sheldon. It startes with an S. An S goes like this.” I drew an “S” in the air with my fingers.

    The welfare mother looked through the pile of letters and held one up. “Dat you?”

    “No, that’s Smith. My name has more letters in it.”

    I couldn’t make this shit up.

  32. Abraham Iker Says:

    I heard of an officer than wore a “Fuck the Police” shirt. Not because he had low self worth, but with the intent of endorsing “Have sex with a cop.” I think that is pretty clever.

  33. Junior Says:

    Those of you in South Carolina: Look up 17-13-50 (if my memory still serves me). What you will find is that it is a felony for an officer to not answer you if you ask “why am i being arrested”. I was arrested in Santee, SC years and years ago and remebered reading this statute and when the cop was placing handcuffs around my wrists I asked him “Why are you arresting me”,,, he never replied.

    When the court date for this bullshit came around, the first thing out of my mouth was “I’d like to inform the court that this officer Jeffrey HART commited a felony against me pursuant to 17-13-50 of ths SC code of laws”. The chief of police was operating the recording equipment and there was a lot of scurrying about after I said that (the chief suddenly felt it necessary to begin pushing buttons on the recording equipment). Once the chief (Robert something) was finished fumbling with the recording equipment, the judge (Ben Spells) asked me if I understood the charge against me (speeding or no insurance or something) and i responded “NO, I do not understand the charge against me”, without missing a beat I began questioning him about the nature of the charge against me and explaing to him why I didnt understand the charge. The judge adjourned court in the middle of me asking questions relating to the nature of the charge against me and he walked out of the courtroom. I stood there dumbfounded for a few seconds and then turned toward the door and exited the court and went home. The original charge isn’t on my record. 10 days later i walked into the Santee PD and said hello to the dispatcher and asked her when Jeffrey HART was on duty next. I will never forget her response: “Mr. HART is no longer employeed by Santee police department”. I found out that he had a dash-cam but could never get a straight answer about why he was dismissed or fired, but I think I know why.

    Just thought I would pass this along to all you fellow rebels from South Carolina, have sum fun with it!

    FTW FTF FTP, Junior.

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