Newark NJ authorities settle case with teen illegally arrested for filming cops

In wake of the 2010 incident that got Khaliah Fitchette falsely arrested for filming police officers, the Newark Police Department has issued new policies aimed at protecting citizen’s rights for filming police officers in a public place.

Fitchette, 19, will receive an undisclosed amount for damages suffered during an incident where Newark police officers illegally arrested her and threatened to charge her with obstruction of justice after filming officers helping a man off a Newark bus, the American Civil Liberties Union said in a statement released Monday.

The suit also changed departmental policies according to a departmental memo issued by Police Director Samuel DeMaio in 2011, which reminds officers they can only stop citizens from recording police activities if the recording somehow interferes with “legitimate law enforcement operations.”

“We are pleased that the Newark Police Department has adopted a policy that clearly articulates and respects the constitutional rights of citizens to record police activity,” said Seton Hall Law Professor Barbara Moses, who cooperated with the state chapter of the ACLU in helping Fitchette sue the department in 2011.

“We hope this policy prevents incidents like the one involving Khaliah Fitchette from ever happening again.”

Fitchette, a sophomore at Cornell University, says she’s glad that the incident had a positive effect on the police department.

“I’m glad this is resolved and I can put this behind me,” she said. “It’s important for everyone to know their rights, especially since most people now have cell phones with video capabilities.” – NJ.COM

According to reports, Fitchette was riding a bus in Newark in March of 2010 when a man collapsed inside.

Officers Noemi Maloon and Lloyd Thomas came on board to help the man, but dragged Fitchette off the bus and placed her in handcuffs when she refused to stop filming them with her cell phone, ACLU officials have said. The video was deleted by the officers, according to Fitchette’s lawsuit.

Later, while Fitchette sobbed, the two officers allegedly threatened to charge her with obstruction of justice. After three hours, one of the officers decided the incident had “gone too far” and decided to return Fitchette to her mother, according to the lawsuit filed last year.

In a memorandum issued by DeMaio last year, the police director makes it clear that officers need to do a better job of respecting the first amendment rights of Newark residents.

“If you are uncomfortable with being filmed, that is OK!” the memo reads. “But it does not give you the right to place that person under or order them to stop filming.”