A Civil Lawsuit That Michael Barisone Filed Against Police In Long Valley May Be Dismissed

LONG VALLEY, NJ — A civil suit filed against 11 Washington Township Police officers in July by a man indicted on attempted murder charges, has the possibility of a dismissal, their attorney filing a court motion on Tuesday.

William G. Johnson, the attorney from the firm Johnson & Johnson, filed the motion on behalf of the 11 officers.

Michael Barisone, detained in the Morris County Correctional Facility and indicted on two attempted murder charges and two counts of possession of a weapon for an unlawful purpose for an August 2019 incident, filed it against them through attorney Christopher L Deininger, after claiming police "failed to protect Barisone and others."

Deininger filed the civil suit in July, alleging that Barisone’s calls to police about Lauren Kanarek and her fiancé Rob Goodwin, who lived on Barisone's property, were not properly handled, after numerous 911 calls were made to the Washington Township Police Department beginning on July 31, 2019, with one even after the Aug. 7, 2019 incident.

On that date, Kanarek was shot twice in the chest at point-blank range, with previously published reports stating that Goodwin was injured with a broken arm, when police arrived to the scene. Barisone, 57 and a former Olympic equestrian, indicted in December 2019, claimed that Kanarek and Goodwin had harassed him up until that day and threatened him with their own loaded firearm.

The hearing for the motion to dismiss, which is scheduled for Friday, Oct. 22, is asking the court to dismiss Barisone’s complaint, alleging he did not state a valid claim against the police officers.

Among Barisone’s claims were that the officers violated his civil rights, their attorney countering in the motion Barisone’s civil rights were not violated as a result of his claims that police officers filed false police reports. He also accused police of not conducting adequate investigations into the actions of Kanarek and Goodwin leading up to the shooting and stated they didn't properly intervene in the conflict he had with the couple.

“The claims made by the plaintiff [Barisone] are barred either because they do not involve actual civil rights of the plaintiff, such as the alleged right to an accurate police report and adequate investigation or are barred by the applicable provisions of the Tort claims,” the motion read.

The motion asserts that Barisone’s claims that officers violated New Jersey’s Law Against Discrimination and that they “committed intentional torts, such as official misconduct," as well as they violated his civil rights, are barred as justifications for his claims made against police, stating the complaint against them should be dismissed in its entirety because, "they are not subject to tort immunity," Johnson asserted.

Instead, Johnson indicated in his motion, the suit should be dismissed against the Washington Township Police officers as well, based on “the doctrine of qualified immunity,” with government officials generally shielded personally by this immunity “as long as their actions could reasonably have been thought consistent with the rights they are alleged to have violated,” the motion also noted.

The motion explained that qualified immunity "balances two important interests - the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction and liability when they perform their duties reasonably," Johnson also wrote.

On Oct. 8, one of two presently unnamed Washington Township Police officers has been asked to appear at a separate hearing for the criminal case Morris County Supervising Assistant Prosecutor Christopher Schellhorn requested from Superior Court Judge Stephen Taylor on Sept. 13. On Sept. 13, Schellhorn said Barisone made statements in front of three officers that should be admitted to the court. As of Sept. 13, another Washington Township Police Officer was not available for the Oct. 8 hearing, because of medical leave.

Schellhorn said Barisone made statements as well in front of an officer the Morris County Prosecutor’s Office.

Kanarek filed her own separate civil suit in Oct. 2019 against Barisone, Sweetgrass Farms and a barn manager, claiming that firearms were allowed on the property, which escalated to her being shot “without warning or provocation.” That suit is currently in a holding pattern and “stayed,” according to a Sept. 10, 2021 court order from Superior Court Judge Louis S. Scueusi, until the criminal proceedings against Barisone have wound down.

Taylor said during the hearing on Sept. 13 that there is a speedy trial release date in February 2022 for Barisone’s case, which he told Schellhorn and Barisone’s Defense Attorney Edward Bilinkas was “one of the oldest cases on my docket.”

RELATED: Officers To Appear At Hearing For Long Valley Murder Attempt Case

Questions or comments about this story? Have a news tip? Contact me at: jennifer.miller@patch.com.