Judge Orders Marlboro Police Officer Lawsuit Unsealed

FREEHOLD, NJ - A Superior Court judge has ordered the lawsuit and accompanying filings in the case of terminated Marlboro Police Officer Timoth Snyder be unsealed, under motions from the Open Government Advocacy Project.

The procedural history of the case begins in 2015 when Officer Timothy Snyder was arrested on domestic violence charges, of which he was never convicted. After Snyder was seen by Daniel Schievella, who ultimately determined Snyder was fit for duty, the Monmouth County Prosecutor's Office decided to conditionally re-arm the officer, a 10-year veteran.

But four months later, on Oct. 16, 2015, Snyder threatened suicide at his Wall home, provoking an "officer in crisis' designation. Chief Bruce Hall suspended him, again taking his weapon. Snyder began seeing psychologist Matthew Guller and on Feb. 12, 2016, Guller determined Snyder was fit for duty again but the prosecutor's office said it preferred to monitor him for an additional 90 days, claiming Snyder was dealing with potential substance abuse issues.

Hall then moved to terminate Snyder, ironically because he could not possess a weapon, a weapon that originally was taken from him by police and which he was unable to regain from the prosecutor's office. On May 18, however, the prosecutor opted to rearm Snyder but withdrew that permission because the day before Hall had moved to terminate Snyder so there was no longer any requirement the prosecutor's office move on the decision.

On June 8, 2016, Snyder appealed his firing to the state Civil Service Commission and it was transferred to the state Office of Administrative Law, where it remains, awaiting a decision.

John Paff, chairman of the state Libertarian Party's Open Government Advocacy Prorgram, argued for unsealing at a telephonic hearing before Monmouth County Assignment Judge Lisa P. Thornton. Snyder was fighting efforts by the agency to make the information public because it might impact his credibility as a police officer. Thorton found that argument overbroad, suggesting if that was the case, any matter involving a police officer's reputation could be sealed.

Snyder originally filed his lawsuit in August 2016 using only his initials, T.S..Thornton quickly rejected this attempt and required Snyder's lawyer, Thomas A. Cushane of Vineland, to refile the suit using Snyder's full name, according to Paff. Neither the Monmouth County Prosecutor;s Office nor Cushman returned calls seeking comment.

In August 2016, Cushane filed a motion to "seal any and all court records"—including the complaint itself--in light of the extremely sensitive nature of the psychological reports and evaluations referenced at length therein as well as Snyder's public standing in the community as a police officer. In support of his motion, Cushane argued that while the public has a common-law right to inspect court records, the public's confidence in his client's ability to function as a police officer would be undermined if members of the public had "unfettered access" to documents filed in Snyder's lawsuit. The prosecutor's office argued that Cushane's position was "too broad" and that if "the court were to accept that, then it would have to seal the records in every case where an officer's reputation or ability could be called into question.

Ultimately, Thornton ruled that the court filings be released to the public while Snyder's psychological reports remain sealed.

Photograph of a police graduation. Image by Dieu Nalio Chery/Associated Press.