Article - August 5, 2008 - Asbury Park Press

Chiropractor to seek damages after court decision

By Bob Jordan

The New Jersey State Supreme Court has ordered a new trial that will allow an East Brunswick chiropractor to seek damages from the Monmouth County Sheriff's Department and two department officers accused of roughing up the doctor in a 2001 incident at the Freehold courthouse.

A previous trial jury found that one of the officers committed willful misconduct related to the arrest of plaintiff Blase Toto shortly after Toto went through the courthouse's screening security process May 3, 2001. Blase was at the court that day to provide expert testimony at a trial.

But no damages were awarded to Toto in part because of errors in instructions to the jury, the state high court said in its unanimous decision released Monday, reversing portions of an appeals court ruling.

The errors may have also hampered the jury in determining whether the second officer was guilty of misconduct, the high court said.

"I'm ecstatic with what the Supreme Court ruled," Toto said. "The jury was given the wrong premise on which to make a decision. This goes all the way back to 2001, and it has taken a lot of patience. I had surgery on my neck after this happened, and I still have neck discomfort pretty much on a regular basis."

Sheriff's Department spokeswoman Cynthia Scott said department had no comment "because it's a legal matter."

According to court testimony, Sheriff's Officer Michael Schulze found a pocketknife in Toto's briefcase and told Toto to take the knife to his car or it would be confiscated.

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