Ex-Matawan Cop Sues Town, Alleging He Was Fired Over Drug Test

MATAWAN, NJ — A former Matawan police officer is suing the borough of Matawan, alleging that he was fired from the police force when a 2019 drug test turned up positive for marijuana, when in reality he was using CBD oil.

The former police officer, Christopher Stark, also alleges that he was targeted for the drug testing because he supported another Matawan police officer, a woman named Jennifer Paglia, who was suing the department for sexual discrimination.

Stark filed his lawsuit on March 11 of this year in Monmouth County Superior Court.

Stark had been on the Matawan police force since 1998, and attained the rank of lieutenant. In 2013, Paglia filed her first lawsuit against the Matawan PD; Matawan borough settled with her over those unspecified allegations for $315,000.

In 2018, Paglia filed a second lawsuit against the Matawan police force, alleging she was retaliated against by fellow police officers for filing her first lawsuit.

Stark testified that he heard now-Matawan Police Chief Thomas Falco (he was not police chief at this time) remark the following: “Fuck that b___, She’s trying to take my house. We should write her up for every little thing," according to Stark's lawsuit.

Falco also directed Matawan police officers to "Write her up for every little thing you can."

Stark submitted legal testimony alleging Falco made those remarks and testified that the Matawan Police Department "retaliated against Paglia continued at the direction and/or support of Falco."

Stark said he was labeled "a rat" by fellow officers and saw a drawing on a blackboard that read "a circle of trust" and he was identified as being outside the circle of trust. Stark said from there he was then ostracized by the police department.

On October 31, 2019, Stark was notified that he was selected for a random drug test, which law required the Matawan police force to do starting in 2018. Officers were told to list all medications and were told: “If you have a prescription you will be fine, just do not forget to list everything”, or words to that effect.

On December 17, 2019, Stark was advised that he had a positive drug test for tetrahydrocannabinol (“THC”) and would be suspended. Stark then told Falco and an Internal Affairs officer he was not engaged in the illegal use of marijuana and that he was taking CBD oil for gastrointestinal issues, and that it had been prescribed by his doctor.

Stark had also listed the CBD oil on his medical information sheet before the random drug test.

Stark said because he did not have a prescription for the CBD oil, and because he was told he was being "untruthful" about which medications he was taking, he was disciplined and his employment was ultimately terminated on March 2, 2021.

Matawan Police Chief Falco did not immediately respond to Patch's questions for this story.

A lawyer for the borough of Matwan said Stark was not suspended or fired due to his support of Paglia's case.

“No causal connection exists between plaintiff’s alleged protected conduct and any adverse action taken by the borough," said the lawyer, Richard A. Gantner of the Somerville law firm Cleary, Giacobbe, Alfieri and Jacobs, according to the Asbury Park Press. “Any and/or all action taken by the Borough of Matawan were for legitimate, non-discriminatory, non-retaliatory reasons unrelated to Plaintiff’s alleged protected conduct."

Stark would like to be reinstated as a Matawan police officer, and receive back pay and damages.

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