Monmouth Co. Man Sues Correctional Officers For 'Brutal Assaults'

MONMOUTH COUNTY, NJ — A teenager claimed he was brutally assaulted by correctional officers at the Monmouth County Correctional Institution (MCCI) after being arrested in February, according to a lawsuit filed in the Superior Court of New Jersey last week.

Kavan Costello, who was 18 at the time of the arrest, said he lost two teeth being punched and kicked by officers, who also made homophobic slurs and humiliated him with "excessive" force, according to the lawsuit.

Costello is suing five correctional officers, as well as the County of Monmouth, the MCCI, the Monmouth County Department of Corrections, Warden Donald Sutton, Undersheriff Theodore Freeman, Lt. S. Hayes, Sgt. Antonowicz and "dentist John Doe," who is an unknown party, among others.

The Monmouth County Prosecutor's Office referred all questions to the Monmouth County Sheriff’s Office, which said that it "does not comment on pending litigation" and that questions should be addressed to the Monmouth County Counsel.

Monmouth County also declined to comment on the lawsuit or provide contact of any counsel, stating that pending litigation involving the Sheriff's Office would have to be addressed with that entity.

Costello was arrested while driving with three other residents from Ocean, after being stopped by police on Deal Road near State Highway 18, according to the Ocean Township Police Department.

Costello had medications including Xanax and Adderal in his possession, police said. There was also a .22 caliber handgun and a bottle of alcohol in the car, police said.

The teen was charged with "various firearm-related offenses and possession of alcoholic beverages while under the legal age," as well as drug-related offenses, police said. He was taken to Monmouth County Correctional Institution pending a future court appearance.

According to the lawsuit, while at MCCI Costello was ordered three times to cough and bend over naked, even though it was known that he was not in possession of any weapons or contraband. At one point he feared that he was going to be sexually assaulted and screamed out "help."

After being assaulted a second time at a different location, Costello lost consciousness, woke up disoriented and was doused with pepper spray "while lying on the ground, helpless," the lawsuit states.

According to the teen, officials did not give him adequate medical help and took him to a dentist who failed to treat him "with a reasonable standard of care."

The warden went to Costello to find out what had happened and Costello complained that he was assaulted and was being accused of infractions he never committed, the suit said.

After that, an officer told him that he was going to have the chance of entering into a plea agreement as a result of a "disciplinary action" taken by five officers and that there would be a hearing. Costello refused to sign the "plea papers", which stated that the excessive force against him was "necessary" for the officers' protection, according to the lawsuit.

The warden "failed to investigate the injuries sustained as a result of his officers' actions and inactions," which caused Costello "serious physical and mental injuries," the suit alleges.

Costello was kept isolated in his cell for an additional 48 hours (after a previous 24 hours), in "freezing cold temperatures, with no medical care, while suffering physical and mental anguish," the document reads.

The lawsuit also says that a request was sent for any video footage that might have possibly caught the assault, but that so far it has not been disclosed.

After being released on Feb. 21, Costello went to Monmouth Medical Center, in Long Branch, and the emergency room diagnosis was that he suffered a "closed head injury, concussion, jaw and left shoulder pain, avulsion of the teeth," the suit says.