210 New Road, Suite 12 | Linwood, New Jersey 08221

Elfar v. Twp. of Holmdel

 On July 6, 2023, Judge Kirsch of the United States District Court for the District of New Jersey decided an interesting case, Elfar v. Holmdel, and ruled that the defendant officers and the defendant municipality in a Federal Civil Rights case, were not bound by the rulings and findings of the municipal court prosecution, for example as to the ultimate finding of lack of probable cause for the search of a motor vehicle during a motor vehicle stop in a marijuana DWI case.  At its core, the decision was based upon Judge Kirsch’s view that the officers, and Holmdel, did not have sufficient control over the prosecution of municipal court case and the appeal to Superior Court in that case, so they should not be stuck with the results from that matter  in the Federal Civil rights case. Therefore Judge Kirsch ruled  and, as such, the town and the officers could relitigate issues in the civil rights case which had been decided against the town and the officer during the municipal court prosecution and appeal.

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