Westfield Police Accused Of Racial Profiling, Discrimination: Lawsuit

WESTFIELD, NJ — Two members of the Westfield Police Department have filed a lawsuit against the department, citing issues of race and gender discrimination, as well as racial profiling.

Sergeant Preston Freeman and Lieutenant Nicole Stivale filed a 19-page complaint against the police department on March 25 for experiencing several instances of discrimination, as well as witnessing racial profiling within the department.

According to the lawsuit, Freeman is the first African American police officer to reach the rank of sergeant in the history of the Westfield Police Department. During Freeman's first 15 years working at the police department, no other African American police officer was hired, the suit states.

Stivale is also the highest-ranking female police officer in the history of the Westfield Police Department.

The lawsuit details instances where Freeman was treated differently by top officials in the department. For several years, it states that Freeman was only given a 30-minute lunch break, whereas white officers would receive 60 minutes.

In March of 2007, when Freeman was assigned to patrol downtown, a white officer told Freeman he could not use a vehicle while patrolling and told him to return to headquarters and walk back downtown without a vehicle. When Freeman asked why he was unable to use a vehicle like every other officer, the officer said "that's for them and this is for you," according to the lawsuit.

Then in May of 2018, Freeman took a promotional exam for the position of sergeant and placed second. The lawsuit alleges that Chief Christopher Battiloro attempted to get rid of the test results and made false claims about the validity of the test.

"In or around July 2019, after Sgt. Freeman was forced to seek legal representation to enforce the results of the Sergeant s exam, Chief Battiloro reluctantly promoted Sgt. Freeman to the position of Sergeant," the lawsuit states.

Additionally, in June of 2021, when speaking about recent motor vehicle thefts and burglaries in the area, the lawsuit alleges that "Battiloro referred to African Americans as 'ants', stating that 'they are everywhere, they are like ants, you get rid of one and there is another.'"

Besides issues of discrimination within the department, the two officers have accused officials of racial profiling individuals during motor vehicle stops.

The lawsuit details an incident where Officer Christopher Forcenito pulled over an African American man on East Broad Street for speeding and failing to keep right in Jan. of 2021. Forcenito issued a motor vehicle summons for driving with an expired license.

Later that evening, it states that Forcenito pulled over a white man for speeding and issued him a verbal warning. When Freeman questioned Forcenito about this discrepancy, Forcenito said that he did not have to issue a ticket for speeding and that the driver was a "nice guy," according to the lawsuit.

The lawsuit also claims that the department retaliated against Freeman and Stivale for reporting Forcenito for racial profiling. After filing supervisory complaints against Forcenito, Stivale was notified that she was the target of an internal affairs investigation into the Jan. 2021 incident.

"Upon information and belief, there was no investigation conducted into the actions of Officer Forcenito that constituted racial profiling and/or racially influenced policing," the lawsuit states.

Further retaliation against Stivale occurred, according to the lawsuit. For example, it states that Stivale was notified in Nov. of 2020 that she would become the department's accreditation manager, but after Jan. 2021, she was no longer considered a candidates and the department hired a white patrolman for this position.

Toward the end of the complaint, it states that Stivale was "disparately treated on the basis of her gender" and that she was "paid significantly less than her male coworkers despite the same and/or substantially similar job responsibilities."

The lawsuit says Stivale was denied a promotion, additional compensation and job responsibilities by the department due to her gender.

Robert Ballard, an attorney with the Springfield-based firm, O’Connor, Parsons, Lane & Noble LLC, is representing Freeman and Stivale in the lawsuit.

Westfield Spokesperson Kim Forde said the officers who filed the complaint are both currently facing internal disciplinary action as a result of an Internal Affairs investigation.

"The Town is thoroughly reviewing the lawsuit and will vigorously defend its interests, as necessary," Forde wrote in a statement. "The Westfield Police Department remains fully committed to the professional standards of excellence for which it has been recognized through state accreditation."

Patch will continue to follow this story as more information is made available.

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