Attorneys for the federal government argued the man's actions were "necessary and proper" in the course of his employment.
TRENTON -- A judge on Thursday ordered animal-cruelty charges against a U.S. Postal Service carrier in Highland Park be moved to federal court, after the U.S. Attorney's Office argued the man's alleged pepper-spraying of a dog occurred in the course of his federal employment.
The U.S. Attorney's Office seeking to have animal-cruelty charges against a mail carrier who allegedly pepper-sprayed a dog moved to federal court. (Justin Lane/EPA)Janakrai R. Patel is alleged to have pepper-sprayed a dog while on duty on Aug. 2 in the area of Benner Street, according to documents filed with the U.S. District Court in Trenton.
Patel later was cited by New Jersey SPCA officer on four complaints of animal cruelty and abuse.
Patel is being represented by the U.S. Attorney's Office as Patel was a "federal officer acting within the scope of his federal employment" at the time of the incident, according to the notice of removal filed Wednesday in federal court.
Judge Michael A. Shipp on Thursday ruled adequate grounds existed for removal of the case to federal court, and ordered a halt to any further proceedings in Highland Park.
In its filing, the U.S. Attorney's Office argued Patel had immunity from prosecution under the Supremacy Clause of the Constitution, saying his actions were "necessary and proper" in the course of his employment.
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Patel made an initial appearance in Highland Park Municipal Court on the complaints in September, but did not enter a plea, according to the filing.
Thomas Moriarty may be reached at tmoriarty@njadvancemedia.com. Follow him on Twitter at @ThomasDMoriarty. Find NJ.com on Facebook.