A Franklin Township police officer is suing to overturn a suspension he received after using his Taser three times to stop a suspect who ran from custody earlier this year.
Officer Derek Miller says he was suspended for 10 days after he was found to be in violation of the Somerset County department’s use-of-force and body camera policies following a January arrest.
In a lawsuit filed Sept. 25 in Somerset County Superior Court, Miller argued the punishment was unfair and too harsh.
“The suspension was imposed without just cause,” the lawsuit said.
Franklin Township officials did not immediately respond to a request for comment Friday.
Miller has more than 18 years experience in law enforcement, including time as a detective and assignments with the New Jersey State Police. He has no prior discipline incidents, according to the complaint.
The case stems from a Jan. 2 arrest at a Holland Drive apartment complex, where Miller responded as backup to a domestic violence call, according to court documents.
A suspect was arrested but broke free while being escorted to a patrol car, the lawsuit said. The man ran toward Route 27, and Miller chased after him, firing his department-issued Taser twice at the suspect’s back before subduing him.
Miller discharged the Taser a third time before taking the man into custody, the lawsuit said.
Court filings say the suspect pleaded guilty in Somerset County Superior Court on Sept. 15 to charges of eluding police, assault and harassment.
Franklin police referred the incident to the Somerset County Prosecutor’s Office. In a March 5 letter, Deputy First Assistant Prosecutor Brian Stack said Miller’s actions were not criminal and could be addressed with something “as simple as retraining.”
Despite that recommendation, township police pursued discipline, and a hearing was held in August. Miller was charged and found guilty of three violations of the department’s use-of-force policy.
He was also accused of not keeping the camera on his uniform on during the incident.
At the hearing, he testified that he had gone to the bathroom before responding to an earlier call, before the domestic violence incident, and forgot to turn his body-worn camera back on, according to court documents.
Investigators found him guilty of one violation of the body-worn camera policy.
Officials said Miller used “an inappropriate level of force that was excessive for the situation” when he fired his Taser, saying he went against Franklin police guidelines. Investigators also faulted him for failing to reactivate his body camera after deactivating it, which they said undermined “transparency, accountability and public trust.”
The hearing officer added that Miller’s nearly two decades of experience should have led to better judgment.
“An officer with Miller’s experience and knowledge should have handled the call in a more professional and safe manner,” the report said.
Miller is asking the court to throw out the suspension and order the township to reimburse him for lost pay, benefits and other damages.
Nyah Marshall
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