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

NEWARK, N.J. — In the wake of the 2010 incident that led to the wrongful arrest of Khaliah Fitchette for filming police officers, the Newark Police Department issued new policies designed to protect the public’s right to record officers in public spaces. The changes came after Fitchette, then 19, reached a settlement with the city for damages tied to her arrest.

According to the American Civil Liberties Union, officers detained Fitchette and threatened to charge her with obstruction of justice after she recorded police helping a man off a Newark bus. The ACLU said the arrest violated her constitutional rights and prompted a lawsuit that forced the department to revise its policies.

Newark Officers Told Citizens Have the Right to Record

A departmental memo issued by Police Director Samuel DeMaio in 2011 reminded officers that citizens may record police activity as long as the recording does not interfere with “legitimate law enforcement operations.” The memo also instructed officers to respect First Amendment protections and avoid stopping residents from filming.

“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 Barbara Moses, a Seton Hall Law professor who worked with the ACLU on Fitchette’s case. She said she hopes the policy prevents similar incidents.

Fitchette, now a Cornell University sophomore, said she is relieved the case produced change. “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.”

Incident Began With a Medical Emergency on a Newark Bus

Reports show Fitchette was riding a Newark bus in March 2010 when a man collapsed. Officers Noemi Maloon and Lloyd Thomas boarded to help him. When Fitchette refused to stop filming, the officers

• dragged her off the bus
• handcuffed her
• deleted her video, according to the lawsuit.

Fitchette said she cried as officers threatened to charge her with obstruction. After three hours, one officer said the situation had “gone too far” and released her to her mother.

Memo Warns Officers Not to Stop Residents From Filming

In a later memorandum, DeMaio told officers they must respect Newark residents’ First Amendment rights. “If you are uncomfortable with being filmed, that is OK,” the memo read. “But it does not give you the right to place that person under arrest or order them to stop filming.”

The policy remains in effect and serves as a reminder that recording police is a protected act, not a crime.