The former student, only identified by the initials L.C., claims his civil rights were violated after the charges came down in 2014
SAYREVILLE -- A judge will soon decide whether or not a civil rights lawsuit brought by former high school football player who was charged in the football hazing scandal that marred most of the 2014 season can move forward.
The former Sayreville student, only identified by the initials L.C. in the lawsuit, claims the prosecutor's office slandered him by implying he was involved in an alleged sex assault after his trial. The suit also accuses the Sayreville Board of Education and Middlesex County Prosecutor's Office of sharing his juveniles records illegally, violating his civil rights.
Monmouth Superior Court Judge Dennis O'Brien heard a similar suit earlier this year involving another student, former team captain Dylan Thillet, and dismissed the case.
On Aug 18, O'Brien heard arguments from L.C.'s attorney Kevin Flood and lawyers for the Sayreville school board and board counsel, the prosecutor's office, the borough and Piscataway Board of Education.
The case was originally filed in February in Middlesex County Superior Court in February but has since been transferred to Monmouth County to avoid the appearance of a conflict of interest.
The defendants' attorneys all denied the accusations, arguing that all their actions were legal, but would not comment further on pending litigation.
After a nearly three-hour proceeding, O'Brien said he will make his decision on Sept. 5 but cautioned the parents of L.C., who were the only two in attendance, that if the case moves forward much of what was previously confidential will come out.
The two parents nodded and L.C.'s mother seemed to mouth an inaudible "yes."
Since all of the defendants were minors and handled in Family Court, none of the details of the trials or adjudications are public.
L.C. was one of seven of the Sayreville's high school football team who were all charged in a series of alleged sexual assaults on four other younger players. In response to the allegation, the school superintendent, Richard Labbe, announced the cancellation of the season after three games.
The case garnered national press attention as reports emerged from parents detailing an alleged extreme hazing ritual where the upperclassmen would hold down freshman, shove a finger in the player's rectum and sometimes put that same finger into the kid's mouth.
A year later, four players pleaded guilty in Family Court to hazing, a disorderly persons offense, and third-degree endangering the welfare of their teammates.
The prosecutor said three of the defendants admitted to digitally penetrating one of their victims through clothing.
L.C. and another took their case to trial and were convicted of simple assault and disorderly conduct. The outcome of the remaining student's case was not released, as it was pending at the time.
At the center of the lawsuit is the press release from the prosecutor's office announcing the adjudications.
Flood argued the release implied L.C. was involved in the sexual assault in its wording and the mention of avoiding registration under Megan's Law.
O'Brien noted the public likely associates the registry, which is listed on the State Police website as "New Jersey Sex Offender Internet Registry," with sex offenders although those convicted of kidnapping a child may be forced to register.
"The press release might not have been artfully written, but it's not defamatory," said Elisa Pagano, who represented the prosecutor's office.
The lawsuit also accuses the prosecutor's office and school board of handling L.C.'s juvenile records illegally. The prosecutor's office allegedly gave the board information about the case without a judge's order and the board provided the prosecutor's office with disciplinary records back to third grade for L.C.'s trial, according to arguments during the hearing.
In addition, the suit claims that some or all of those records were provided to Piscataway, which kept L.C. from playing sports at the high school. L.C. and his parents moved after failed attempts to re-enroll L.C. in Sayreville high following the adjudication of his case, the filing says.
"Are we on the wrong side of the court house?" O'Brien asked during the proceeding, questioning this was a criminal matter as the attorneys sparred.
Keith Murphy, an attorney representing the Sayreville board, argued the school did not violate L.C.'s civil rights in not allowing him to return to school, saying they provided L.C. with the chance to appeal, but the family had declined to pursue further so L.C. could finish his senior year.
Murphy and Pagano both asserted that L.C.'s records were legally handled.
Craig McCarthy may be reached at 732-372-2078 or at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.
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