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MARK B. FROST & ASSOCIATES Attorneys for Plaintiffs

BY: Mark B. Frost 

BY: Ryan M. Lockman 

Pier 5 at Penn’s Landing 

7 N. Columbus Blvd. 

Philadelphia, PA 19106 

215-351-3333 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

____________________________________ 

MARIA ORTIZ, on behalf of : 

The Estate of JORGE E. RIVERA, and : 

MARIA ORTIZ, an adult, : 

on behalf of J.R., a minor, : 

 Plaintiffs, : CIVIL ACTION 

 : NO. 11-2300 

 v. : 

 : 

CITY OF CAMDEN, : JURY TRIAL DEMANDED

 : 

NEW JERSEY STATE POLICE, : 

 : 

CAMDEN COUNTY PROSECUTOR’S : THIRD AMENDED COMPLAINT 

OFFICE, : 

 : 

TROOPER DENNIS QUINN, : 

In his Individual and Official Capacity, : 

 : 

INVESTIGATOR PETER LONGO : 

In his Individual and Official Capacity, : 

 : 

INVESTIGATOR THOMAS DINUNZIO : 

In his Individual and Official Capacity, and : 

 : 

JOHN DOES #1-5, in their : 

Individual and official capacities, : 

 Defendants. : 

____________________________________: 

CIVIL ACTION – COMPLAINT

Plaintiff Maria Ortiz, on behalf of the Estate of Jorge E. Rivera and on behalf of her son, 

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J.R., and by and through her attorneys, Mark B. Frost & Associates, hereby brings this 

Complaint against Defendants Camden County, New Jersey State Police, the Camden County 

Prosecutor’s Office, Trooper Dennis Quinn, Investigator Peter Longo, Investigator Thomas 

DiNunzio, and John Does #1-5, and avers as follows: 

INTRODUCTION

1. This case arises out of the death of Jorge E. Rivera during the course of his arrest by 

Defendants Quinn, Longo, and DiNunzio. As a result, Plaintiff Maria Ortiz brings this 

action on behalf of the Estate of Jorge E. Rivera under 42 U.S.C. 1983 and state law 

claims. Additionally, Plaintiff Ortiz also brings this action on behalf of J.R., the minor 

child of Jorge E. Rivera. 

JURISDICTION & VENUE

2. This action is brought pursuant to 42 U.S.C. § 1983 and the Fourth and Fourteenth 

Amendments to the United States Constitution. Jurisdiction is founded on 28 U.S.C. §§ 

1331 and 1343(3) and the aforementioned statutory and constitutional provisions. 

3. Jurisdiction lies over state law claims based on the principles of supplemental 

jurisdiction, as codified at 28 U.S.C. § 1367. 

4. The amount in controversy exclusive of interest and costs exceeds the sum of one 

hundred thousand ($100,000.00) Dollars. 

5. All claims herein arose within the jurisdiction of the United States District Court for the 

District of New Jersey and involve Defendants who reside within the jurisdictional limits. 

Venue is accordingly invoked pursuant to the dictates of 28 U.S.C. § 1391(b) and (c). 

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PARTIES

6. Plaintiff Maria Ortiz is an individual citizen of the State of New Jersey, residing therein 

at 120 Elm St., Apt Q4, Edgewater Park, NJ 08010. 

7. Plaintiff Maria Ortiz is the Administrator and Administrator Ad Prosequendum of the 

Estate of Jorge E. Rivera. 

8. Plaintiff Maria Ortiz is also the parent and guardian of J.R., a minor. 

9. J.R., whose suit is being brought by his mother and guardian, Plaintiff Maria Ortiz, is an 

individual citizen of the State of New Jersey, residing therein at 120 Elm St., Apt Q4, 

Edgewater Park, NJ 08010. 

10. Defendant City of Camden is an incorporated municipality of the State of New Jersey 

with municipal offices located 520 Market Street, Camden, New Jersey, 95120. At all 

times material herein, the City of Camden owned, operated, managed, directed and 

controlled the City of Camden Police Department. 

11. Defendant New Jersey State Police is a governmental entity with headquarters located at 

River Rd (Rt. 175), West Trenton, NJ 08628. 

12. Defendant Camden County Prosecutor’s Office is a governmental agency with a main 

office located at 25 North Fifth Street Camden, New Jersey 08102-1231. 

13. Defendant Trooper Dennis Quinn at all times material was a Trooper for the New Jersey 

State Police, which is located at River Rd (Rt. 175), West Trenton, NJ 08628. 

14. Defendant Investigator Peter Longo at all times material was an Investigator for the 

Camden County Prosecutor’s Office, which is located at 25 North Fifth Street Camden, 

New Jersey 08102-1231. 

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15. Defendant Investigator Thomas DiNunzio at all times material was an Investigator for the 

Camden County Prosecutor’s Office, which is located at 25 North Fifth Street Camden, 

New Jersey 08102-1231. 

16. Defendants John Does 1-5 are police officers for the Camden Police Department, the 

New Jersey State Police, and/or Camden County Prosecutor’s Office, whose identities are 

currently unknown to Plaintiffs. At all times material herein, Defendants John Does #1-

5 were acting under color of state law and are being sued in both their individual and 

official capacities. 

FACTS

17. On or about April 22, 2009, in Camden, New Jersey, Jorge E. Rivera was sitting outside 

with friends when they were approached by Defendants Quinn, Longo, and DiNunzio 

(“Police Officers”, “Officers”, or “Individual Defendants”). 

18. Upon seeing the Police Officers, Rivera’s friends immediately fled the scene. Rivera 

remained at the scene, not fleeing or posing any danger to any Officer. 

19. As the officers were approaching, Rivera attempted to swallow a small plastic bag that 

was in his possession. As he was attempting to swallow said bag, Rivera was attacked by 

the Officers. 

20. Said officers grabbed Rivera, who was not attempting to escape, and proceeded to shove 

and kick him on the ground for no legitimate reason. As a result of the attack, Rivera 

suffered from severe bruises on his head and face. 

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21. Said officers restrained and handcuffed Rivera, yet they still continued to attack Rivera 

by striking him in the head and body with their hands and feet, even though Rivera was 

not resisting arrest and posed no threat to them. 

22. Because Rivera was restrained, handcuffed and being attacked, he was unable to remove 

the plastic bag, which then became lodged in his throat. Subsequently, since Rivera 

could not remove the bag, he was unable to breathe. Furthermore, the officers, seeing the 

bag become lodged in Rivera’s throat, took no action to remove it. 

23. During their attack, the Officers continued to attack Rivera despite his difficulty in 

breathing. Due to his choking combined with the beating by the Defendants, Rivera 

became unconscious and subsequently fell and hit his temple on the stoop outside. 

24. Even after Rivera was unconscious and his body was slumped down on the ground, said 

officers still continued to attack him. 

25. Finally, only after a crowd gathered did said Officers halt their attack and send the 

unconscious Rivera to Cooper University Hospital in Camden, NJ. 

26. Rivera was pronounced dead at Cooper University Hospital. The official cause of death 

was determined to be asphyxiation from Rivera’s attempt to swallow the small plastic 

bag in his possession. 

27. The officers’ intentional attack on Rivera and use of excessive force caused the plastic 

bag to become lodged in Rivera’s throat, causing him to asphyxiate and die. 

28. On or about August 20, 2009, Plaintiffs filed a Notice of Tort Claim against the Camden 

Police Department, the Camden County Prosecutor’s Office, and the New Jersey State 

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Police. A copy of this Notice of Tort Claim is attached hereto, incorporated by reference, 

and labeled, Exhibit “A”. 

COUNT I 

PLAINTIFF V. DEFENDANTS QUINN, LONGO, DINUNZIO, AND JOHN DOES #1-5 

VIOLATIONS OF 42 U.S.C. 1983

29. Plaintiff incorporates by reference the preceding allegations of this Complaint as though 

each were individually set forth herein at length. 

30. Without any justification or provocation, Individual Defendants, acting under color of 

law, willfully and maliciously attacked Jorge E. Rivera. Such acts constituted a grossly 

disproportionate and excessive use of force and a violation of Rivera’s clearly established 

constitutional rights. 

31. Further, Individual Defendants provided inadequate medical attention to Rivera’s serious 

medical needs with regard to his asphyxiation and subsequent death. 

32. These actions of the Individual Defendants, through the aforesaid actions, were 

intentional, deliberately indifferent and reckless with respect to the potential violation of 

Rivera’s constitutional rights. 

33. The aforesaid acts of Individual Defendants shock the conscience and constitute an 

unnecessary, wanton infliction of harm for no good faith purpose. 

34. As a direct and proximate result of the aforesaid acts of Individual Defendants, Jorge E. 

Rivera suffered death, severe bodily injury, pain, emotional distress, humiliation, 

embarrassment, loss of pleasure and enjoyment of life, lost wages, lost wage earning 

capacity, and all other damages set forth above. 

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35. Accordingly, as Administrator and Administrator Ad Prosequendum of the estate of Jorge 

E. Rivera, Plaintiff Ortiz is entitled under N.J. Stat. 2A:15-3 (“Survivor Act”) to recover 

for the damages suffered by Jorge E. Rivera pursuant to the cause of action set forth 

above, as well as reasonable funeral and burial expenses. 

 WHEREFORE, Plaintiff, as administrator of the estate of Jorge E. Rivera, demands 

judgment against Defendants in an amount in excess of One Hundred Thousand Dollars 

($100,000) plus interest, costs, attorney=s fees and punitive damages. 

COUNT II 

PLAINTIFF V. DEFENDANTS CITY OF CAMDEN, NEW JERSEY STATE POLICE, 

AND CAMDEN COUNTY PROSECUTOR’S OFFICE 

VIOLATIONS OF 42 U.S.C. 1983

36. Plaintiff incorporates by reference the preceding allegations of this Complaint as though 

each were individually set forth herein at length. 

37. Defendants City of Camden, New Jersey State Police and/or Camden County 

Prosecutor’s Office failed to properly train and supervise the Defendant Police Officers 

with regard to excessive use of force. Further, Defendants City of Camden, New Jersey 

State Police and/or Camden County Prosecutor’s Office failed to properly train and 

supervise the Defendant Police Officers with regard to providing medical attention to 

those in police custody, as well as the awareness and prevention of sudden in-custody 

death syndrome. 

38. Defendants City of Camden, New Jersey State Police and/or Camden County 

Prosecutor’s Office’s failure to train was the cause and moving force behind the actions 

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of the Defendant Officers resulting in the aforesaid injuries to and death of Jorge E. 

Rivera. 

39. As a direct and proximate result of the Defendants, Plaintiff suffered grievous bodily 

harm and was deprived of his rights under the laws and Constitution of the United States, 

in particular, the Fourth Amendment to the United States Constitution, the due process 

clause of the United States Constitution, and 42 U.S.C. §1983, and was further in 

violation of the Statutes of the State of New Jersey. 

40. As a direct and proximate result of the aforesaid acts of Individual Defendants, Jorge E. 

Rivera suffered death, severe bodily injury, pain, emotional distress, humiliation, 

embarrassment, loss of pleasure and enjoyment of life, lost wages, lost wage earning 

capacity, and all other damages set forth above. 

41. Accordingly, as Administrator and Administrator Ad Prosequendum of the estate of Jorge 

E. Rivera, Plaintiff Ortiz is entitled under the Survivor’s Act to recover for the damages 

suffered by Jorge E. Rivera pursuant to the cause of action set forth above, as well as 

reasonable funeral and burial expenses. 

WHEREFORE, Plaintiff, as administrator of the estate of Jorge E. Rivera, demands 

judgment against Defendants in an amount in excess of One Hundred Thousand Dollars 

($100,000) plus interest, costs, attorney=s fees and punitive damages. 

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COUNT III 

PLAINTIFF V. DEFENDANTS QUINN, LONGO, DINUNZIO, AND JOHN DOES #1-5 

VIOLATIONS OF 42 U.S.C. 1985

42. Plaintiff incorporates by reference the preceding allegations of this Complaint as though 

each were individually set forth herein at length. 

43. Individual Defendants conspired together for the purpose of denying Rivera the equal 

protection of the laws and constitution of the United States. 

44. As a direct and proximate result of the aforesaid acts of Individual Defendants, Jorge E. 

Rivera suffered death, severe bodily injury, pain, emotional distress, humiliation, 

embarrassment, loss of pleasure and enjoyment of life, lost wages, lost wage earning 

capacity, and all other damages set forth above. 

45. Accordingly, as Administrator and Administrator Ad Prosequendum of the estate of Jorge 

E. Rivera, Plaintiff Ortiz is entitled under the Survivor’s Act to recover for the damages 

suffered by Jorge E. Rivera pursuant to the cause of action set forth above, as well as 

reasonable funeral and burial expenses. 

WHEREFORE, Plaintiff, as administrator of the estate of Jorge E. Rivera, demands 

judgment against Individual Defendants in an amount in excess of One Hundred Thousand 

Dollars ($100,000) plus interest, costs, attorney=s fees and punitive damages. 

COUNT IV 

PLAINTIFF V. DEFENDANTS QUINN, LONGO, DINUNZIO, AND JOHN DOES #1-5 

VIOLATION OF THE NEW JERSEY CIVIL RIGHTS ACT - N.J.S.A. 10:6-2

46. Plaintiff adopts and incorporates by reference the above paragraphs of this Complaint as 

though each were individually set forth herein at length. 

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47. Individual Defendants used unreasonable and excessive force, thereby violating 

Plaintiff=s rights under the laws and Constitution of the State of New Jersey, and in 

particular the New Jersey Civil Rights Act, N.J.S.A. 10:6-2. 

48. Without any justification, reason, or provocation, Individual Defendants willfully and 

maliciously caused Plaintiff to suffer the injuries aforesaid. 

49. Further, Individual Defendants provided inadequate medical attention to Rivera’s medical 

needs with regard to his asphyxiation and subsequent death. 

50. The acts committed by Individual Defendants shock the conscience and constitute 

intentional misconduct, excessive use of force and deliberate indifference to Plaintiff in 

violation of his constitutional rights as previously set forth in the aforementioned 

paragraphs. 

51. As a direct and proximate result of the aforesaid acts of Individual Defendants, 

committed under color of law, Jorge E. Rivera suffered death, severe bodily injury, pain, 

emotional distress, humiliation, embarrassment, loss of pleasure and enjoyment of life, 

lost wages, lost wage earning capacity, and other damages. Further, such mental distress 

and fright physically manifested itself in Jorge E. Rivera’s inability to swallow the plastic 

bag he placed in his mouth, thus causing serious bodily harm and eventually leading to 

Rivera’s death. 

52. Such acts constituted a violation of the laws and Constitution of the State of New Jersey, 

in particular N.J.S.A. 10:6-2, and were further in violation of the Statutes of the State of 

New Jersey and the Constitution of the State of New Jersey. 

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53. Accordingly, as Administrator and Administrator Ad Prosequendum of the estate of Jorge 

E. Rivera, Plaintiff Ortiz is entitled under N.J. Stat. 2A:15-3 (“Survivor Act”) to recover 

for the damages suffered by Jorge E. Rivera pursuant to the cause of action set forth 

above, as well as reasonable funeral and burial expenses. 

 WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess 

of One Hundred Thousand Dollars ($100,000) plus interest, costs, attorney=s fees and punitive 

damages. 

COUNT V 

PLAINTIFF V. DEFENDANTS CITY OF CAMDEN, NEW JERSEY STATE POLICE, 

AND CAMDEN COUNTY PROSECUTOR’S OFFICE 

VIOLATION OF THE NEW JERSEY CIVIL RIGHTS ACT - N.J.S.A. 10:6-2

54. Plaintiff incorporates by reference the preceding allegations of this Complaint as though 

each were individually set forth herein at length. 

55. Defendants City of Camden, New Jersey State Police and/or Camden County 

Prosecutor’s Office, as a matter of policy and practice, have with deliberate indifference 

and/or negligence failed to adequately discipline, train or otherwise direct police officers 

concerning the rights of citizens, excessive use of force, and the providing of adequate 

medical attention to those in police custody, thereby causing the defendant officers in this 

case to engage in the unlawful conduct described herein. 

56. The actions of Individual Defendants, acting under color of state law, deprived plaintiff 

of his rights, privileges and immunities under the laws and Constitution of the State of 

New Jersey, and in particular the New Jersey Civil Rights Act, N.J.S.A. 10:6-2. 

57. As a direct and proximate result of the aforesaid acts of Individual Defendants, Jorge E. 

Rivera suffered death, severe bodily injury, pain, emotional distress, humiliation, 

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embarrassment, loss of pleasure and enjoyment of life, lost wages, lost wage earning 

capacity, and all other damages set forth above. 

58. Accordingly, as Administrator and Administrator Ad Prosequendum of the estate of Jorge 

E. Rivera, Plaintiff Ortiz is entitled under the Survivor’s Act to recover for the damages 

suffered by Jorge E. Rivera pursuant to the cause of action set forth above, as well as 

reasonable funeral and burial expenses. 

WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of One 

Hundred Thousand Dollars ($100,000) plus interest, costs, attorney=s fees and punitive damages. 

COUNT VI 

PLAINTIFF v. QUINN, LONGO, DINUNZIO, AND JOHN DOES #1-5 

ASSAULT & BATTERY

59. Plaintiff incorporates by reference the preceding allegations of this Complaint as though 

each were individually set forth herein at length. 

60. Through aforesaid attack of Jorge E. Rivera, Individual Defendants acted in concert with 

the intention to touch and cause harm to Rivera. 

61. Individual Defendants did touch and cause harm to Jorge E. Rivera. Said harmful 

touching was not consented to by Jorge E. Rivera. 

62. Individual Defendants’ attack on Jorge E. Rivera was harmful and caused significant 

physical injuries to Jorge E. Rivera before his death, as set forth above. 

63. Additionally, as the Individual Defendants began to attack Jorge E. Rivera, they caused 

Jorge E. Rivera’s reasonable and imminent apprehension of bodily harm. 

64. The above physical harm and imminent apprehension of harm also caused Jorge E. 

Rivera to suffer mental distress, fright, and fear of impending serious bodily harm and 

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death. Such mental distress and fright physically manifested itself in Jorge E. Rivera’s 

inability to swallow the plastic bag he placed in his mouth, thus causing serious bodily 

harm and eventually leading to Jorge E. Rivera’s death. 

65. In sum, as a direct and proximate result of the aforesaid acts of the Individual 

Defendants, Jorge E. Rivera suffered death, severe bodily injury, pain, emotional distress, 

humiliation, embarrassment, loss of pleasure and enjoyment of life, lost wages, lost wage 

earning capacity, and all other damages set forth above. 

66. Accordingly, as Administrator and Administrator Ad Prosequendum of the estate of Jorge 

E. Rivera, Plaintiff Ortiz is entitled under the Survivor’s Act to recover for the damages 

suffered by Jorge E. Rivera pursuant to the causes of action set forth above, as well as 

reasonable funeral and burial expenses. 

WHEREFORE, Plaintiff, as administrator of the estate of Jorge E. Rivera, demands 

judgment against Individual Defendants in an amount in excess of One Hundred Thousand 

Dollars ($100,000) plus interest, costs, attorney=s fees and punitive damages. 

COUNT VII 

PLAINTIFF v. ALL DEFENDANTS 

WRONGFUL DEATH – N.J. Stat. 2A:31-1

67. Plaintiff incorporates by reference the preceding allegations of this Complaint as though 

each were individually set forth herein at length. 

68. As a result of the aforesaid acts of all Defendants, minor J.R., Jorge E. Rivera’s son, has 

lost the care, guidance, household services, financial support, and advice of Jorge E. 

Rivera, on which he depended prior to Jorge E. Rivera’s death. 

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WHEREFORE, Plaintiff, on behalf of J.R., a minor, demands judgment against 

Defendants in an amount in excess of One Hundred Thousand Dollars ($100,000.00) plus 

interest, costs, attorney’s fees and punitive damages. 

JURY TRIAL DEMAND

Plaintiffs hereby demand a trial by jury on all issues so triable. 

 Respectfully submitted, 

 MARK B. FROST & ASSOCIATES 

 

 BY: /s/ Ryan M. Lockman

 Ryan M. Lockman 

DATED: June 27, 2012 Attorneys for Plaintiffs 

 

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MARK B. FROST & ASSOCIATES Attorneys for Plaintiffs

BY: Mark B. Frost 

BY: Ryan M. Lockman 

Pier 5 at Penn’s Landing 

7 N. Columbus Blvd. 

Philadelphia, PA 19106 

215-351-3333 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

____________________________________ 

MARIA ORTIZ, on behalf of : 

The Estate of JORGE E. RIVERA, and : 

MARIA ORTIZ, an adult, : 

on behalf of J.R., a minor, : 

 Plaintiffs, : CIVIL ACTION 

 : NO. 11-2300 

 v. : 

 : 

CITY OF CAMDEN, : JURY TRIAL DEMANDED

 : 

NEW JERSEY STATE POLICE, : 

 : 

CAMDEN COUNTY PROSECUTOR’S : CERTIFICATE OF SERVICE 

OFFICE, : 

 : 

TROOPER DENNIS QUINN, : 

In his Individual and Official Capacity, : 

 : 

INVESTIGATOR PETER LONGO : 

In his Individual and Official Capacity, : 

 : 

INVESTIGATOR THOMAS DINUNZIO : 

In his Individual and Official Capacity, and : 

 : 

JOHN DOES #1-5, in their : 

Individual and official capacities, : 

 Defendants. : 

____________________________________: 

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CERTIFICATE OF SERVICE 

 

 I, Ryan Lockman, Esquire, hereby certify that on June 27, 2012, service of the Plaintiffs’ 

Third Amended Complaint was effectuated upon counsel for New Jersey State Police and the 

City of Camden via ECF. 

 Respectfully submitted, 

 MARK B. FROST & ASSOCIATES 

 

 BY: /s/ Ryan M. Lockman

 Ryan M. Lockman 

DATED: June 27, 2012 Attorneys for Plaintiffs 

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