Kenneth M. Harrell, Esq.

LEVINSON AXELROD, P.A.

Levinson Plaza

2 Lincoln Highway

P.O. Box 2905

Edison, NJ 08818-2905

(732) 494-2727

Attorneys for Plaintiff, Michelle Black Administratrix of the Estate of James J. Walsh

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

MICHELLE BLACK, Administratix of THE 

ESTATE OF JAMES J. WALSH, 

Plaintiff(s)

vs.

THE TOWNSHIP OF SOUTH ORANGE, THE 

TOWSHIP OF SOUTH ORANGE POLICE 

DEPARTMENT, THE CITY OF ORANGE and 

THE CITY OF ORANGE POLICE 

DEPARTMENT, and JOHN DOES 1-10 

(representing presently unidentified 

individuals, businesses, and/or 

corporations).

Defendant(s)

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Civil Action No.: 

Civil Action

COMPLAINT, AND JURY DEMAND

The plaintiff, Michelle Black, Administratix of the Estate of James J. Walsh, deceased, 

residing at 3325 Rebere Road, County of Middlesex, State of New Jersey, complaining of the 

defendants, says:

JURISDICTION AND VENUE

1. This Court has original jurisdiction over this matter pursuant to 28 U.S.C. 1331 as the 

within claim is brought pursuant to 42 U.S.C.A. 1983.

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2. This Court has jurisdiction over all other claims pursuant to 28 U.S.C. 1367, as all other 

claims are related to the within matter such that they are part of the same claim and/or 

controversy.

3. Venue is proper in this Court pursuant to 28 U.S.C. 1391 (b) in that all events that are 

the subject matter of this complaint took place within New Jersey. 

FIRST COUNT

4. Upon information and belief, the defendant THE TOWNSHIP OF SOUTH ORANGE is a 

municipal entity with its principal place of business located at Village Hall, 101 South Orange 

Avenue, South Orange, New Jersey 07079.

5. Upon information and belief, the defendant THE TOWNSHIP OF SOUTH ORANGE 

POLICE DEPARTMENT, is a department operated under the jurisdiction of the defendant 

THE TOWNSHIP OF SOUTH ORANGE within an apportionment of the Township’s operating 

budget with its principal place of business at 201 South Orange Avenue, South Orange, New 

Jersey 07079.

6. Upon information and belief, the defendant THE CITY OF ORANGE is a municipal 

entity with its principal place of business located at City Hall, 29 N. Day Street, Orange, New 

Jersey 07079.

7. Upon information and belief, the defendant THE CITY OF ORANGE POLICE 

DEPARTMENT, is a department operated under the jurisdiction of the defendant THE CITY 

OF ORANGE within an apportionment of the City’s operating budget with its principal place of 

business at 29 Park Street, Orange, New Jersey 07079.

8. The plaintiff, MICHELLE BLACK was appointed Administratix of the Estate of James J. 

Walsh who died on February 9th, 2009, by the Surrogate of Middlesex County.

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9. Plaintiff herein states that on or about the February 9th, 2009, the decedent, James J. 

Walsh was a pedestrian in the Township of South Orange.

10.On that date, Frank Bradley was the driver of a Honda Civic, license plate number 

WGH13X. 

11.On that date, the Honda Civic, license plate number WGH13X was owned by Tamiya O. 

Eure. 

12.On that date, at approximately 8:15 pm, Frank Bradley was traveling westbound on 

South Orange Ave., in South Orange, County of Essex and State of New Jersey.

13.At the time and place aforesaid, Frank Bradley was being pursued by vehicles 

operated and/or owned by the defendants, THE TOWNSHIP OF SOUTH ORANGE, THE 

TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and THE 

CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently 

unidentified individual police officers involved in the chase); DAVID DOES 1-10 

(representing presently unidentified individual’s in the area); and ABC CORPS 1-10 

(representing businesses, and/or corporations operating in the area) for running a red 

light in the City of Orange.

14.Said pursuit by the defendants, THE TOWNSHIP OF SOUTH ORANGE, THE 

TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and THE 

CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently 

unidentified individual police officers involved in the chase); DAVID DOES 1-10 

(representing presently unidentified individual’s in the area); and ABC CORPS 1-10 

(representing businesses, and/or corporations operating in the area) was performed in 

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such a willful wanton manner so as to cause Frank Bradley’s motor vehicle to strike James J. 

Walsh. 

15.At the time and place aforesaid, the actions of the defendants, THE TOWNSHIP OF 

SOUTH ORANGE, THE TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY 

OF ORANGE and THE CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 

(representing presently unidentified individual police officers involved in the chase); 

DAVID DOES 1-10 (representing presently unidentified individual’s in the area); and 

ABC CORPS 1-10 (representing businesses, and/or corporations operating in the area)

were so willful and waton so as to constitute willful misconduct and a willful wanton 

disregard of the safety of JAMES J. WALSH, that said collision resulting is severe injury 

eventually leading to the death of JAMES J. WALSH. 

16.As a direct and proximate consequence of this willful wanton disregard of plaintiff’s 

safety and willful misconduct by the defendants, THE TOWNSHIP OF SOUTH ORANGE, THE 

TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and THE 

CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently 

unidentified individuals, businesses, and/or corporations) DAVID DOES 1-10 

(representing presently unidentified individual’s in the area); and ABC CORPS 1-10 

(representing businesses, and/or corporations operating in the area), the decedent 

James J. Walsh did sustain conscious pain and suffering and the Estate is entitled to pursue a 

remedy for damages under the New Jersey Survivorship Statute.

17.As a direct and proximate consequence of this willful wanton disregard of plaintiff’s 

safety and willful misconduct by the defendants, THE TOWNSHIP OF SOUTH ORANGE, THE 

TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and THE 

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CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently 

unidentified individuals, businesses, and/or corporations) DAVID DOES 1-10 

(representing presently unidentified individual’s in the area); and ABC CORPS 1-10 

(representing businesses, and/or corporations operating in the area), plaintiff, Michele 

Black and the Estate were caused to sustain pecuniary losses and are entitled to pursue a 

remedy for compensatory damages under New Jersey’s Wrongful Death Act.

WHEREFORE, the plaintiff, Michele Black, as Administratrix of the Estate of James J. 

Walsh, demands judgment against the defendants THE TOWNSHIP OF SOUTH ORANGE, 

THE TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and 

THE CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently 

unidentified individuals, businesses, and/or corporations) DAVID DOES 1-10 

(representing presently unidentified individual’s in the area); and ABC CORPS 1-10 

(representing businesses, and/or corporations operating in the area), jointly and 

severally or in the alternative, for compensatory damages, non-economic damages, interest, 

punitive damages, attorneys fees, costs of suit and other damages that the Court may deem 

just and proper

SECOND COUNT

18.The plaintiff, MICHELLE BLACK, as Adminstratrix of the Estate of JAMES J. WALSH, 

repeats the allegations contained in the First Count as if the same were more fully set forth 

herein and made a part hereof.

19.The defendants actions in the pursuit of FRANK BRADLEY occurred while acting 

under color of state law and the decision to pursue and the manner of the pursuit amounts to 

an abuse of power that shocks the conscience and violates the plaintiff, THE ESTAET OF 

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JAMES J. WALSH’S, Substantive Due Process Rights under the Fourteenth Amendment to the 

United States Constitution thus giving rise to a claim under 42 U.S.C. §1983 and is in violation 

of the Attorney General’s guidelines. 

20.As a direct and proximate consequence of this violation of plaintiff’s Constitutional 

rights, by the defendants, THE TOWNSHIP OF SOUTH ORANGE, THE TOWSHIP OF SOUTH 

ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and THE CITY OF ORANGE 

POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently unidentified 

individuals, businesses, and/or corporations) DAVID DOES 1-10 (representing 

presently unidentified individual’s in the area); and ABC CORPS 1-10 (representing

businesses, and/or corporations operating in the area), the decedent James J. Walsh did

sustain conscious pain and suffering and the Estate is entitled to pursue a remedy for 

damages under the New Jersey Survivorship Statute.

21.As a direct and proximate consequence of this violation of plaintiff’s Constitutional 

rights, by the defendants, THE TOWNSHIP OF SOUTH ORANGE, THE TOWSHIP OF SOUTH 

ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and THE CITY OF ORANGE 

POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently unidentified 

individuals, businesses, and/or corporations) DAVID DOES 1-10 (representing 

presently unidentified individual’s in the area); and ABC CORPS 1-10 (representing

businesses, and/or corporations operating in the area), plaintiff, Michele Black and the 

Estate were caused to sustain pecuniary losses and are entitled to pursue a remedy for 

compensatory damages under New Jersey’s Wrongful Death Act.

WHEREFORE, the plaintiff, Michele Black, as Administratrix of the Estate of James J. 

Walsh, demands judgment against the defendants THE TOWNSHIP OF SOUTH ORANGE, 

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THE TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and 

THE CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently 

unidentified individuals, businesses, and/or corporations) DAVID DOES 1-10 

(representing presently unidentified individual’s in the area); and ABC CORPS 1-10 

(representing businesses, and/or corporations operating in the area), jointly and 

severally or in the alternative, for compensatory damages, non-economic damages, interest, 

punitive damages, attorneys fees, costs of suit and other damages that the Court may deem 

just and proper

THIRD COUNT

22.The plaintiff, MICHELLE BLACK, AS ADMINISTRATRIX OF THE ESTATE OF JAMES J. 

WALSH, repeats the allegations contained in the First and Second Counts as if the same were 

more fully set forth herein and made a part hereof.

23.At all times and places mentioned herein, it was the custom, policy and practice of the 

defendants, THE TOWNSHIP OF SOUTH ORANGE, THE TOWSHIP OF SOUTH ORANGE 

POLICE DEPARTMENT, THE CITY OF ORANGE and THE CITY OF ORANGE POLICE 

DEPARTMENT, and JOHN DOES 1-10 (representing presently unidentified individuals, 

businesses, and/or corporations) to allow pursuits under the aforementioned 

circumstances, which led to a violation of plaintiff’s Substantive Due Process Rights under the 

Fourteenth Amendment to the Constitution, thus giving rise to a claim under 42 U.S.C. 1983 

and 1986.

24.As a direct and proximate consequence of this custom, policy and practice on the part 

of the defendants, THE TOWNSHIP OF SOUTH ORANGE, THE TOWSHIP OF SOUTH 

ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and THE CITY OF ORANGE 

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POLICE DEPARTMENT, and JOHN DOES 1-10 (representing presently unidentified 

individuals, businesses, and/or corporations) the decedent James J. Walsh did sustain 

conscious pain and suffering and the Estate is entitled to pursue a remedy for damages under 

the New Jersey Survivorship Statute.

25.As a direct and proximate consequence of this negligence, gross negligence, willful 

misconduct and a willful and wanton disregard of the safety of the plaintiffs, on the part of the 

defendants, THE TOWNSHIP OF SOUTH ORANGE, THE TOWSHIP OF SOUTH ORANGE 

POLICE DEPARTMENT, THE CITY OF ORANGE and THE CITY OF ORANGE POLICE 

DEPARTMENT, JOHN DOES 1-10 (representing presently unidentified individuals, 

businesses, and/or corporations) DAVID DOES 1-10 (representing presently 

unidentified individual’s in the area); and ABC CORPS 1-10 (representing businesses, 

and/or corporations operating in the area), plaintiff, Michele Black and the Estate were

caused to sustain pecuniary losses and are entitled to pursue a remedy for compensatory 

damages under New Jersey’s Wrongful Death Act.

WHEREFORE, the plaintiff, Michele Black, as Administratrix of the Estate of James J. 

Walsh, demands judgment against the defendants THE TOWNSHIP OF SOUTH ORANGE, 

THE TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and 

THE CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently 

unidentified individuals, businesses, and/or corporations) DAVID DOES 1-10 

(representing presently unidentified individual’s in the area); and ABC CORPS 1-10 

(representing businesses, and/or corporations operating in the area), jointly and 

severally or in the alternative, for compensatory damages, non-economic damages, interest, 

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punitive damages, attorneys fees, costs of suit and other damages that the Court may deem 

just and proper

FOURTH COUNT

26.The plaintiff, MICHELLE BLACK, AS ADMINISTRATRIX OF THE ESTATE OF JAMES J. 

WALSH, repeats the allegations contained in the First through Third Counts as if the same 

were more fully set forth herein and made a part hereof.

27.The Defendants, THE TOWNSHIP OF SOUTH ORANGE, THE TOWSHIP OF SOUTH 

ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and THE CITY OF ORANGE 

POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently unidentified 

individuals, businesses, and/or corporations) DAVID DOES 1-10 (representing 

presently unidentified individual’s in the area); and ABC CORPS 1-10 (representing

businesses, and/or corporations operating in the area), owed a duty to the plaintiff to 

adequately hire, train and supervise their police officers to ensure that their police officers 

properly engaged in police pursuits under the appropriate circumstances.

28.The Defendants, THE TOWNSHIP OF SOUTH ORANGE, THE TOWSHIP OF SOUTH 

ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and THE CITY OF ORANGE 

POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently unidentified 

individuals, businesses, and/or corporations) DAVID DOES 1-10 (representing 

presently unidentified individual’s in the area); and ABC CORPS 1-10 (representing

businesses, and/or corporations operating in the area), failure to exercise reasonable 

care in hiring, training and supervising their police officers involved in this pursuit violated 

plaintiff’s constitutional rights under the United States Constitution and 42 USC 1983 and 

1986.

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29.As a direct and proximate consequence of this failure to exercise reasonable care in the 

hiring, training and supervising of their police officers engaged in this pursuit, by the 

defendants, THE TOWNSHIP OF SOUTH ORANGE, THE TOWSHIP OF SOUTH ORANGE 

POLICE DEPARTMENT, THE CITY OF ORANGE and THE CITY OF ORANGE POLICE 

DEPARTMENT, and JOHN DOES 1-10 (representing presently unidentified individuals, 

businesses, and/or corporations) the decedent James J. Walsh did sustain conscious pain 

and suffering and the Estate is entitled to pursue a remedy for damages under the New Jersey 

Survivorship Statute.

30.As a direct and proximate consequence of this failure to exercise reasonable care in the 

hiring, training and supervising of their police officers engaged in this pursuit, by the 

defendants, THE TOWNSHIP OF SOUTH ORANGE, THE TOWSHIP OF SOUTH ORANGE 

POLICE DEPARTMENT, THE CITY OF ORANGE and THE CITY OF ORANGE POLICE 

DEPARTMENT, JOHN DOES 1-10 (representing presently unidentified individuals, 

businesses, and/or corporations) DAVID DOES 1-10 (representing presently 

unidentified individual’s in the area); and ABC CORPS 1-10 (representing businesses, 

and/or corporations operating in the area), plaintiff, Michele Black and the Estate were

caused to sustain pecuniary losses and are entitled to pursue a remedy for compensatory 

damages under New Jersey’s Wrongful Death Act.

WHEREFORE, the plaintiff, Michele Black, as Administratrix of the Estate of James J. 

Walsh, demands judgment against the defendants THE TOWNSHIP OF SOUTH ORANGE, 

THE TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and 

THE CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently 

unidentified individuals, businesses, and/or corporations) DAVID DOES 1-10 

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(representing presently unidentified individual’s in the area); and ABC CORPS 1-10 

(representing businesses, and/or corporations operating in the area), jointly and 

severally or in the alternative, for compensatory damages, non-economic damages, interest, 

punitive damages, attorneys fees, costs of suit and other damages that the Court may deem 

just and proper

FIFTH COUNT

31.The plaintiff, MICHELLE BLACK, AS ADMINISTRATRIX OF THE ESTATE OF JAMES J. 

WALSH, repeats the allegations contained in the First through Fourth Counts as if the same 

were more fully set forth herein and made a part hereof.

32.Defendants JOHN DOES 1-10, DAVID DOES 1-10, and ABC CORPS 1-10 said names 

being fictitious representing unknown identities of such other police officers, individuals, 

supervisors, managers, supervisors of personnel, agents, contractors, subcontractors, 

servants, brokers and employees of the Defendants The Township of South Orange, The 

Township of South Orange Police Department, The City of Orange, and The City of Orange 

Police Department, whose actions may have caused or contributed to the injuries and 

eventual death of JAMES J. WALSH as a result of the aforementioned police pursuit.

33.At such time as the identities of these fictitiously pleaded tortfeasors are ascertained, 

the plaintiff shall seek to amend the complaint so as to substitute the actual identities of these 

entities. Plaintiff attributes each and every act of negligence alleged against the named 

Defendants hereto to those fictitiously pleaded as if they were more specifically set forth in 

their entirety. 

WHEREFORE, the plaintiff, Michele Black, as Administratrix of the Estate of James J. 

Walsh, demands judgment against the defendants THE TOWNSHIP OF SOUTH ORANGE, 

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THE TOWSHIP OF SOUTH ORANGE POLICE DEPARTMENT, THE CITY OF ORANGE and 

THE CITY OF ORANGE POLICE DEPARTMENT, JOHN DOES 1-10 (representing presently 

unidentified individuals, businesses, and/or corporations) DAVID DOES 1-10 

(representing presently unidentified individual’s in the area); and ABC CORPS 1-10 

(representing businesses, and/or corporations operating in the area), jointly and 

severally or in the alternative, for compensatory damages, non-economic damages, interest, 

punitive damages, attorneys fees, costs of suit and other damages that the Court may deem 

just and proper

CERTIFICATION

I, KENNETH M. HARRELL, ESQ. of full age, do hereby certify: 

1. I am an attorney at law of the State of New Jersey, and I am an associate with the law 

firm of Levinson Axelrod, P.A. attorneys for the plaintiffs in the above-captioned 

matter. 

2. To the best of my knowledge, information and belief there is one other action pending 

about the subject matter of this Complaint in Middlesex County Superior Court under 

the caption and docket number of Michele Black, Administratrix of the Estate of James 

J. Walsh v. Frank Bradley, Tamiya Eure, MID-L-8607-10.

3. Said matter is settled and awaiting a distribution order from the Honorable Joseph 

Rea.

JURY DEMAND

PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 38B, plaintiff 

demands a trial by jury.

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TRIAL COUNSEL DESIGNATION

Please be advised that Kenneth M. Harrell, Esq. is designated as trial counsel for the 

plaintiff in the above entitled action.

LEVINSON AXELROD, P.A.

Attorneys for Plaintiffs

 

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KENNETH M. HARRELL, ESQ.

DATED: February 8, 2011

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