ROCKAWAY BOROUGH — Michael Rastiello of Rockaway Township says that on Jan. 21, 2009, he went to the World Gym in Rockaway Borough for his usual workout. Rastiello says he wound up discussing an investigation with an off-duty Denville Police detective, who assaulted him “without provocation.” Rastiello says he was then arrested by Rockaway Borough police, who falsely charged him...
ROCKAWAY BOROUGH — Michael Rastiello of Rockaway Township says that on Jan. 21, 2009, he went to the World Gym in Rockaway Borough for his usual workout.
Rastiello says he wound up discussing an investigation with an off-duty Denville Police detective, who assaulted him “without provocation.” Rastiello says he was then arrested by Rockaway Borough police, who falsely charged him with aggravated assault on a police officer.
Rastiello is now suing Rockaway Borough and its police department, Denville Detective Scott Welsch and Rockaway Borough police officer Michael Rettino. The suit, filed in Superior Court in Morristown, was made public today.
Rastiello claims that Rettino and the borough police department charged him without conducting an investigation and “without probable cause.” A grand jury investigation resulted in the dismissal of the charge, according to the suit.
Rastiello’s attorney, Robert Kobin, denied that his client assaulted Welsch and said the charge was inappropriate because the detective was “not in the line of duty” at the time of the incident. The two men “had a history between them” which resulted in a confrontation, Kobin said.
The suit seeks damages, accusing the defendants of false arrest, malicious prosecution, assault and battery and civil rights violations.
The suit also names as a defendant Ira Cohen, said to be the owner and manager of World Gym. The suit accuses him of civil rights violations for barring Rastiello from the gym after the incident. At World Gym, a manager didn’t recognize the name, but identified the owner as Ira Epstein, who was not immediately available for comment.
Rockaway Borough Attorney Edward Wacks was unavailable for comment today. Rockaway Borough Police Chief Douglas Scheer said he “vaguely” remembers the incident, but had no comment on it. Welsch had no comment, and Rettino was unavailable for comment.