New Jersey Racial Policing Lawsuit Faces Key Court Test Over Filing Deadline
A major civil rights lawsuit filed by New Jersey state prosecutors against Clark Township is now facing a critical legal challenge that could determine whether the case moves forward or is dismissed before trial.
The lawsuit, filed earlier this year by the New Jersey Attorney General’s Office, accuses Clark Township officials and police leadership of years of discriminatory policing practices targeting Black and Hispanic drivers. State prosecutors described the Union County township as operating in a manner similar to a “sundown town,” alleging that drivers of color were aggressively stopped and harassed, especially during nighttime hours.
According to court filings, the allegations focus on conduct that allegedly took place between 2015 and 2020. Prosecutors claim former Mayor Sal Bonaccorso and senior police officials encouraged officers to target minority motorists through traffic stops for minor violations. The complaint also references racist remarks and recordings involving township officials that became public during a statewide scandal tied to the department.
However, attorneys representing Bonaccorso and suspended Police Chief Pedro Matos argued in court that the state waited too long to bring the lawsuit. During a hearing in Union County Superior Court in Elizabeth, defense lawyers said New Jersey law gives prosecutors only two years to file such discrimination claims. Because the lawsuit was filed on Jan. 15, 2025, they argued the legal deadline had already expired years earlier.
The dispute now centers on which statute of limitations applies to the state’s case. Defense attorneys pointed to prior legal precedent from the New Jersey Supreme Court that established a two-year deadline for discrimination lawsuits under the state’s Law Against Discrimination.
State prosecutors disagree with that interpretation. Deputy Attorney General Surinder Aggarwal argued that the two-year rule applies mainly to lawsuits filed by private individuals, not actions brought directly by the state government. Prosecutors say the attorney general’s office has a broader 10-year window to pursue civil rights enforcement cases, making the lawsuit legally valid.
Judge John Deitch acknowledged during the hearing that the issue could decide the future of the entire case. He said the legal question has not been conclusively settled in previous court decisions and indicated a ruling would be issued in the coming days.
The lawsuit was originally filed during the final days of former Attorney General Matthew Platkin’s tenure and has continued under current Attorney General Jennifer Davenport. Prosecutors are seeking court oversight, monetary damages for affected drivers, and an injunction preventing township officials from engaging in discriminatory policing practices in the future.
The Clark Township controversy has remained under public scrutiny for years. In July 2020, the Union County Prosecutor’s Office took control of the police department after citing credible allegations of misconduct. Public attention intensified in 2022 when recordings surfaced allegedly capturing township officials and police leadership using racist language, including racial slurs. Reports also revealed the township had approved a confidential settlement worth $400,000 connected to a whistleblower tied to the recordings.
A later report issued by prosecutors in November 2023 sharply criticized township officials for allegedly attempting to conceal the recordings. Authorities recommended disciplinary action against several officers, including Matos, internal affairs Sgt. Joseph Teston, and Capt. Vincent Concina. All three challenged the disciplinary process, though a judge later allowed proceedings to continue.
Despite being suspended for years, the officers have remained on the township payroll. According to township records, taxpayers have spent nearly $2.9 million on salaries and raises for the suspended officers through April 2026, with costs continuing to rise each month. Matos alone has reportedly received more than $1 million in compensation since being placed on leave.
Former Mayor Bonaccorso separately pleaded guilty last year in an unrelated criminal case involving abuse of office. Prosecutors said he used township resources to benefit his private landscaping business and forged signatures on permit applications connected to that work. He later resigned and received three years of probation.
Even with the ongoing controversy, Clark Township regained control of its police department in March 2025 after more than four years under outside oversight.
Township officials have strongly criticized the state’s lawsuit. Mayor Angel Albanese previously described the legal action as politically motivated and argued that the issues raised by prosecutors had already been addressed through earlier investigations and reforms.
The upcoming court ruling on the filing deadline may now determine whether the broader allegations of racial discrimination inside Clark Township’s government and police department will proceed toward a full legal battle in court or end on procedural grounds before any trial begins.
Sources:
New Jersey Attorney General’s Office
New Jersey Superior Court
Union County Prosecutor’s Office
Clark Township Records
