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United States District Court, Newark/Direct
Baher Azmy, Scott Michelman/Seton Hall Center for Social Justice
On January 23, 2008, the American Civil Liberties Union of New Jersey and the Seton Hall Center for Social Justice filed a lawsuit against the Newark Police Department on behalf of newspaper editor Roberto Lima, whom police arrested and held in custody until he relinquished photos his staff took of a dead body found in a Newark alleyway. Depite offering Newark police the original photographs his photographer had taken of the body, Newark police handcuffed Mr. Lima to a bench until he agreed to give them all copies and originals.
On September 6, 2007, a Brazilian Voice photographer discovered a dead body in the Ironbound section of Newark. Lima and his photographer reported the body to the Newark Police and directed officers to the scene. In the course of conversations with the police, Lima offered to turn over pictures his photographer took of the site. However, Deputy Chief Samuel DeMaio arrived at the scene and ordered another officer to seize Lima's camera. He also ordered Lima to turn over all copies and the originals of his pictures. Deputy Chief DeMaio told Lima, "You're not printing any of this. Lima then voluntarily went to the police station to fill out a report. After finishing the report, Lima asked for his camera back. In response, Lima was told that he would be immediately arrested unless he turned over every copy and original of the pictures. Lima refused and was arrested. Lima remained handcuffed to a bench until he finally agreed to turn over all copies of the photos. After removing Lima's handcuffs, a detective (Lydell James) followed Lima back to his office and seized additional pictures.
In addition to constitutional claims, the lawsuit invokes a New Jersey law that specifically ensures the right of journalists to be free from improper searches and seizures of their documentary materials by local law enforcement.
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