A former North Bergen EMT’s whistleblower suit was reinstated today after a “procedural error committed by the court,” the Superior Court of New Jersey Appellate Division ruled.
By John Heinis/Hudson County View
“Both plaintiffs testified at their depositions that they had learned in the course of their formal training that transporting a patient against his or her will is illegal and tantamount to kidnapping and or assault under New Jersey law,” Appellate Court Judges Gary S. Rothstadt, Jessica R. Mayer, and Arnold L. Natali, Jr. wrote.
“When the North Bergen police forced plaintiffs to ferry F.A. to the hospital against his wishes, plaintiffs allege they had a reasonable belief that such actions violated the false imprisonment statute as well as New Jersey’s public policy protecting a competent patient’s right to refuse medical treatment.”
In August 2018, Tamara Sepulveda and Luis DeLeon filed a lawsuit in Hudson County Superior Court alleging that they had been fired from North Bergen EMS after they had a spat with police officers when responding to a call for service a year prior.
Today’s decision revealed new information that had not previously been listed in their complaint.
Police Sgt. Edward Moyano, along with Police Officers Michael Whalen and Javier Perez, responded to a possible domestic violence incident where a man, identified as F.A., had been founded drunk, sweating, red-faced, and repeatedly clenching his jaw, which the police identified as “muscle spasms.”...
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