Ex-clerk sues judge, says his own mental health was questioned when he refused to be bullied
A former clerk has filed a pro se federal lawsuit against the New Jersey judge he worked for, alleging a number of dubious practices by the jurist.
Plaintiff Joseph Dearie Jr. also says in the Section 1983 civil rights suit that his own mental health was questioned when he walked out on the Sussex County clerkship on December, after four months of work, resulting in his assignment to another judge. Filed in federal court in Newark last week, the suit alleges tortious conduct and a civil conspiracy. In addition to Judge Edward Gannon it names as defendants the state, the state judiciary, two law firms and investigators with the Advisory Committee on Judicial Conduct, according to the New Jersey Advance and the New Jersey Herald.
Although it was filed under seal, using the plaintiff’s initials rather than a full name, the federal complaint was made public on a website for Dearie, the articles note. It asserts causes of action for retaliating against Dearie in violation of his First Amendment rights as a state employee; violation of his due-process rights under Section 1983 of the Civil Rights Act of 1871; violation of a state whistleblower law; negligent supervision and defamation.
Specifically, among other claims, Dearie says he was required to perform numerous personal tasks for the judge, such as typing directions to a funeral and placing personal phone calls .He also contends that the judge skimmed through motions he was supposed to read and decided motions on the papers prior to any oral argument. When Dearie objected to the work he was being asked to perform, the judge told him he didn’t like his attitude, Dearie alleges, and threatened on Dec. 9 to fire him if he didn’t obtain mental health treatment, the suit says. After that, Dearie was transferred to another judge.
“I went to law school so I could stand up to bullies, not become one,” he says on his LinkedIn page, complaining that state investigators focused on him rather than the judge after he initially complained internally about Gannon.
The suit requests compensatory and punitive damages and a whistleblower fine, as well as reimbursement of attorney’s fees for any lawyer that Dearie may hire, specifically claiming damages for medical expenses, vacation time and “time and money invested in graduating law school, passing both bar exams, obtaining a clerkship position and endur[ing] numerous acts of abuse by Judge Gannon, all for the sole purpose of securing a prosperous legal career.”
Gannon told the New Jersey Advance that he believes he is limited in the comments he can make on a lawsuit that is filed under seal, but looks forward to asking Dearie questions under oath and having a chance to tell his own side of the story. He referred to the claims made by his former clerk as “baseless allegations.”
