Judge Dismisses Lawsuit from Former Co. Prosecutor

COURT HOUSE – Superior Court Judge J. Christopher Gibson has dismissed a lawsuit filed by former Cape May County prosecutor Robert Taylor seeking lifetime health benefits for himself and his spouse.  
Taylor retired Oct. 1 after 13 years as the county prosecutor. County officials said he was informed before retiring that he was not entitled to lifetime benefits based on his years in positions qualifying to be counted toward the benefits.
Taylor had claimed instead that he was denied the benefit because of disagreements with county government.
Gibson issued his decision Feb. 28. The county Public Information Office announced the dismissal in a release March 5. The brief statement indicated the decision was “without prejudice,” meaning Taylor has 30 days to file an amended suit.
“The judged dismissed, but he said we have an opportunity to amend it. We plan to amend it,” Taylor said March 5. “The judge wanted more specific facts.”
Taylor said he would not comment further on the case or discuss its background. According to reports, his suit alleged that the county denied him the benefits because of disagreements with the county Board of Chosen Freeholders, while similar benefits were extended to other longtime county workers.
He also alleged that the county damaged his reputation and violated his constitutional rights under the First Amendment.
Taylor’s suit named the county, all five members of the freeholder board, county Human Resources Director Jeffrey Lindsay, and others.
A statement from the county indicated the county denies any wrongdoing and said Taylor failed to provide sufficient facts to back up his claims against the county.
The statement quoted the judge’s decision as stating: “The complaint is devoid of any factual allegation that the county, the board, the freeholders, or (Jeff) Lindsay, said or did anything that would affect plaintiff’s reputation.”
According to reporting from Charles Toutant in the New Jersey Law Journal, the whistleblower suit involves an allegation that county officials underreported the issue of opioid addiction in Cape May County, and wanted Taylor to dismiss a longtime employee during a labor negotiation, with the indication that the employee was a troublemaker.
That employee, unnamed in the suit, has since then become a Superior Court judge.
In the suit, Taylor alleged that Freeholder Director Gerald Thornton wanted him to use out-of-date information on the severity of the opioid problem in the county.
He also alleged that Thornton implied that he could face consequences if he did not go with the county’s numbers.
Contacted March 5, Thornton described that as nonsense.
“That’s an absolute fabrication, and he knows that,” said Thornton. “We have been so supportive of addressing the opioid issue in this county, even with him.”
Thornton described opioid addiction and the dangers of its use as a national crisis and said county government wants to do all it can to address it.
Taylor filed his complaint Nov. 20, 2017. Two days later, the county called the suit baseless and frivolous, in a prepared statement issued through the office of then-County Counsel James Arsenault.
In the statement, the county promises to “aggressively defend” the suit and seek reimbursement of legal fees from Taylor.
The county states that rather than slash Taylor’s budget for the County Prosecutor’s Office, it increased it, jumping from $2.77 million to more than $7 million, and increasing staffing in the department from 56 to 88.
“It is disappointing but predictable that Mr. Taylor has chosen to attempt to bully his way, with frivolous and untruthful personal and political accusations, to a benefit he is statutorily ineligible to receive,” the November statement read.
County government has very little oversight over the prosecutor’s office by law, except for the office’s budget. Even in budgetary matters, Gibson pointed out in his decision; a prosecutor can appeal for more funding to an assignment judge if he believes the county is not providing enough money to do the job.
Prosecutors are appointed by the governor, with the advice and consent of the Senate.
In December, the Senate approved Jeffery Sutherland of Ocean City as the new prosecutor, appointed by Gov. Chris Christie on the recommendation of state Sen. Jeff Van Drew (D-1st).
Sutherland has practiced law in the county for decades and was the former chairman of the county Democratic organization. He was sworn to his office Dec. 21, 2017. The appointment is for five years. Thornton said the county already has a good working relationship with Sutherland.
The prosecutor is the county’s top appointed law enforcement officer. In Cape May County, the department includes a legal division, which includes criminal prosecutions, an investigative division that includes sections on Major Crimes, Gangs, Guns, and Drugs, a Narcotics Task Force and a Special Operations and Planning section.
To contact Bill Barlow, email bbarlow@cmcherald.com.