Niraj Jivani, the owner of Nirvanis Indian Kitchen, was arrested in June of 2013 on accusations of an "atrocious assault" on one of his customers
NEW BRUNSWICK -- A city restaurant owner is suing the Middlesex County Prosecutor's Office after he spent a night in jail in 2013 on charges that were eventually dropped.
Niraj Jivani, the owner of Nirvanis Indian Kitchen, was arrested in June 2013 when one of his customers accused him of an "atrocious assault," according to the lawsuit filed in Superior Court earlier this month.
The charges were dismissed 18 months later, court records show. Jivani spent a night in jail following his arrest before posting $10,000 bail, jail records show.
Jivani alleges in his suit, which names the Prosecutor Andrew Carey and his office, the incident was captured on camera and "unquestionably proved" the restaurant owner had no hand in the assault.
Niraj Jivani, owner of Nirvanis Indian Kitchen, on Easton Avenue, in New Brunswick in a photo from April of 2016 when his restaurant changed its name. The surveillance video was provided to the prosecutor's office within weeks of the alleged assault, but prosecutors refused the drop the charges, according to the lawsuit.
Jivani's lawsuit also accuses the prosecutor's office of dragging its feet in bringing the case before a grand jury for more than a year, which led to Superior Court Judge Alberto Rivas ruling to dismiss the charges in January 2016.
The Middlesex County Prosecutor Andrew Carey said in a statement via email, "While the prosecutor's office received notice of the civil complaint, we were not served with the substantive complaint itself. Once we are properly served, we will respond accordingly."
In Jivani's lawsuit, filed on Jan. 11, he seeks damages for false imprisonment and the effect the charges had on his reputation as a local business owner.
This isn't this first legal issue Jivani has been wrapped up in.
Last year, he settled a lawsuit with a New York City restaurant over naming rights. Jivani paid $700,000 to the owners of The Kati Roll Company in Greenwich Village and changed the New Brunswick restaurant's name.
Jivani's restaurant has since been shuttered. His lawyer did not return calls for comment. It was unclear if he still owned the closed-down eatery, although his lawsuit says he is a local business owner.
Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.