Council OKs Settlement Try for Police Lawsuit

The Madison Borough Council has authorized its insurance carrier to settle a lawsuit filed by a former police officer who claims he was given a "punishment detail" by the chief in 2010 that caused him to suffer dehydration and post-traumatic stress disorder, if an agreement between the parties can be reached, the borough administrator said Wednesday.

The governing body discussed the issue in executive session on Monday and a resolution authorizing a settlement was approved unanimously, without discussion, along with other resolutions at the end of the public portion of the meeting at Monday night.

The lawsuit , who alleges he was assigned to patrol downtown Madison by foot for nine hours at a time in the summer heat, an assignment he first was given over the Fourth of July holiday.

The lawsuit alleges the assignment was given to Kaspereen as punishment for using his sick days for sinus problems, and the lawsuit says the sinus condition was a disability and Kaspereen was being discriminated against for his disability.

The borough says the patrol was part of a traditional post and was not given as punishment. David Pack, attorney for the borough and Trevena, previously said they were "going to try to mediate the case."

Borough Administrator Ray Codey said Wednesday the borough's exposure for parts of the settlement covered by its insurance policy is $70,000—a $20,000 deductible for legal defense fees and up to $50,000 for settlement payments, that is, 20 percent of payments up to the first $250,000.

The lawsuit claims punitive damages, which are not covered under the borough's policy, but it wasn't known if that would be a factor in the settlement.

According to a transcript of a deposition given by PBA President Officer Anthony Maccario in March of this year, Kaspereen's attorney, Kevin Barber, showed Maccario a July 2, 2010, email sent to Madison police squad sergeants outlining the terms of Kaspereen's assignment, which included instructions that officers were not to assist Kaspereen and that, if additional manpower was needed, police from other towns should be called instead of Kaspereen.

Maccario had not seen the email before the deposition and, asked by Barber for his reaction, .

The text of the resolution follows.

R 141-2012

RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SETTLEMENT OF SUMMIT RISK SERVICES CLAIM NUMBER XJ-0097

NOW, THEREFORE, BE IT RESOLVED by the Council fo the Borough of Madison, in the County of Morris and State of New Jersey, that the Council hereby approves authorizing XL Insurance Company to settle Summit Risk Services Claim No. XJ-0097.