Case 2:14-cv-07353-CCC-MF Document 11 Filed 08/04/15 Page 1 of 7 PageiD: 129

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
----------~--------~------

c_DONALD HYDE,-5JACKIE HYDE,

'individually and as
guardians ad litem of V.H
and T.H.

Civil Action No.

2:14-cv-07353-CCC-MF

Plaintiffs,
-vsNEW JERSEY DEPARTMENT OF
CHILD PROTECTION AND
PERMANENCY, MS. ESPOSITO,
ABC CORPS. I-V (fictitious
entities whose true
identities are presently
unknown)
and JOHN AND JANE
DOES I-V, (fictitious
persons whose true
identities are presently
unknown),

PLAINTIFFS' FIRST AMENDED

COMPLAINT

Defendants.

I.

1. 1

The

United

JURISDICTION AND VENUE

States

District

Court

has

jurisdiction over this action pursuant to 28 U.S.C.

original
1331 as a

violation of 42 U.S.C. 1983 is alleged.

1.2
pursuant

Venue is proper in the District of New Jersey because,

to 28

U.S.C.

1391(a) (2),

the events,

activity,

and

omissions giving rise to the claims set forth herein occurred in

the District of Nel-l Jersey.

Case 2:14-cv-07353-CCC-MF Document 11 Filed 08/04/15 Page 2 of 7 PageiD: 130

THE PLAINTIFFS

II.

2.1

The plaintiffs, Jackie Hyde and Donald Hyde, are husband

and wife reside at 28 Gibson Drive, Hazlet, New Jersey, 07730.

2. 2

The

plaintiffs,

V.H.

and T.H.

are minor

children

of

Jackie Hyde and Donald Hyde.

I II .

3.1

The defendant,

and Permanency

THE DEFENDANTS

New Jersey Division of Child Protection

( "NJDCP&P")

is a public entity and/ agency m-med,

operated, controlled, and/or funded by the State of New Jersey.

3.2
known,

is

The defendant, Ms. Esposito, whose full name is not yet

an

employee

of

NJDCP&P,

and

therefore

is

public

employee who at all relevant times acted under color of state lall.
3.3 The defendants ABC Corps. I-V and John and Jane Does I-V
are fictitious entities and individuals whose identity,

actions

and/or inactions are not currently knmm to plaintiffs.

IV.
4.1

On

or

about

THE OCCURRENCE

November

28,

2012,

Ms.

Esposito,

as

an

employee and/or agent of and on behalf of NJDCP&P vias assigned the

investigation of potential child abuse concerning T.H.
4. 2

Upon

information

and

belief,

the

investigation

11as

initiated because T.H. was found in school to have a bloody nose,

and due to a medical condition, T.H. suffers memory problems and
could not recall hmv he got the bloody nose.
4. 3

In performing her .investigation on behalf of NJDCP&P, Ms.

Esposito improperly sought to speak to V.H., older sister to T.H.

2

Case 2:14-cv-07353-CCC-MF Document 11 Filed 08/04/15 Page 3 of 7 PageiD: 131

4.4. Ms.

Esposito purposefully tried to speak to V.H.

even

though she kneH doing so \/as not permitted under the law pursuant
to N.J.S.A.

4.5

9:6-8.10a.

Ms. Esposito, in attempting to located, V.H., sister to

T.H., actually Hent to the Hrong school and spoke to a different

girl with the same name as V.H., also in violation of N.J.S.A. 9:68.10a.
4. 6

Ms.

Esposito

disclosed

the

fact

that

an ongoing

investigation against T. H. 's parents \/as ongoing to the Vlrong V. H.

4. 7
personally

Later in the day on November

told

Jackie

Hyde

about

28,

what

she

2012,

Ms.

did

and

Esposito
that

she

disclosed to the investigation to the Vlrong V.H. and that she made
a mistake in doing so.
4. 8

The

investigation of

child abuse

concerning '1'. H.

was

closed.
4.9

Upon information and belief,

no evidence whatsoever of

child abuse Has ever determined to have occurred concerning T.H.

4. 10 Upon information and belief, it was determined that the
source of T.H.'s injury \'las in school.
4. 11 As a result of the \vrongful disclosure of. the private
investigation

to the 1'/rong V. H.,

the

fact

that

child abuse

investigation against Jackie and Donald Hydge was initiated ;1as

spread throughout the small community that the plaintiff's reside
in.
4.12

As

result

of

the

wrongful

disclosure

of

the

Case 2:14-cv-07353-CCC-MF Document 11 Filed 08/04/15 Page 4 of 7 PageiD: 132

investigation by defendants,

the plaintiffs suffered emotional,

psychological, psychiatric, physical, and monetary damages.

4. 13

Specifically,

psychological,

and

all

plaintiffs

psychiatric

damages

suffered
as

emotional,

result

of

the

embarrassment they suffered that resulted from the disclosure of

the investigation.
4.14

Further,

Jackie Hyde,

additionally suffered pyschical

manifestations of her emotional

injuries,

and further suffered

monetary losses as a dance studio she operated for young children

was

forced

to shut do>m as a result of parents removing their

children from the dance studio upon learning of the investigation.

FIRST COUNT
4.15

On or about November 28,

2012,

plaintiffs discovered

that defendants, NJDCP&P, Ms. Esposito, ABC Corps. I-V and John and
Jane Does I-V purposefully, l'lillfully, v1antonly and/or negligently
disclosed protected private information concerning a child abuse
investigation to individuals outside the scope of the investigation
and who had no right to such information and further did not have
the appropriate protocols and procedures in place that 1'/0uld have
prevented the lvrongful disclosure of the investigation.
4.16

Specifically, on or about November 28, 2012, defendant

Ms. Esposito purposefully, willfully, wantonly, and/or negligently

violated

various

investigation,

laws

and the

requiring

the

facts

of

NJDCP&P

fact that a NJDCP&P investigation is in

process, from being disclosed to individuals outside the scope of

4

Case 2:14-cv-07353-CCC-MF Document 11 Filed 08/04/15 Page 5 of 7 Page!D: 133

the investigation, in violation of N.J.S.A. 9:6-8.10a.

4.17

As a result of this inappropriate disclosure individuals

outside of the scope of the

investigation became aware of the

investigation.
4.18

Ultimately, the fact that a NJDCP&P investigation \vas

ongoing became knm;ledge to many individuals within the plaintiffs'

community.
4.19

As a direct and proximate result of defendants' actions,

plaintiffs suffered extreme emotional, psychiatric, psychological

and physical injuries.
4. 20

Plaintiff

Jackie

Hyde

suffered severe

and permanent

physical injuries and ailments as a physical manifestation of her

emotional distress.
4.21

Further,

as

direct

and

proximate

result

of

the

defendants' actions plaintiffs suffered economic damages.

4. 22

Plaintiff Jackie Hyde was an owner of a

local dance

studio for children and as a direct result of the rumor of her

being

under

investigation

for

child

abuse

spread

through

her

community, parents began pulling their children out of her classes,

and as a result her business had to shut down.
WHEREFORE, plaintiffs demand judgment against the defendants
as a result of the breach of their right to privacy and violation
of

N.J.S.A.

9:6-8.10a,

for

compensatory and

punitive

together with attorneys fees, interest and cost of suit.

damages,

Case 2:14-cv-07353-CCC-MF Document 11 Filed 08/04/15 Page 6 of 7 PageJD: 134

SECOND COUNT
4.23 Plaintiffs repeat and re-allege all prior allegations as
though set forth fully herein.
4.24
the

The actions of Ms. Esposito violated the civil rights of

plaintiffs

resulting

in

and
a

the

due

deprivation

process
of

rights

their

of

rights,

the

plaintiffs

privileges

and

immunities secured by the Constitution of the United States and

federal la11s, which violations proximately caused serious injuries
and damages to the plaintiffs.
4.25

Plaintiffs allege that the defendants are liable for the

aforesaid violations of their civil rights pursuant to applicable

federal statutes including 42 U.S.C. 1983 et

WHEREFORE, plaintiffs demand judgment against Ms. Esposito as

a result of the violation of plaintiffs' civil rights, compensatory
and punitive damages,

together 1'lith attorneys fees,

interest and

cost of suit.
THIRD COUNT

4.26

Plaintiffs repeat and re-allege all prior allegations as

though set forth fully herein.

4. 27 The plaintiffs have served proper and appropriate notices
to the defendants pursuant to N.J.S.A. 59:8-1 et

~'

vlithin the

90 days required by the New Jersey Tort Claims Act.

4.28

More than six months have passed since the service of

plaintiffs notice of claim on defendants and plaintiffs claims

remain unsatisfied.
6

Case 2:14-cv-07353-CCC-MF Document 11 Filed 08/04/15 Page 7 of 7 PageiD: 135

WHEREFORE, plaintiffs demand judgment against the defendants

as a result of their actions,

compensatory and punitive damages,

together with attorneys fees, interest and cost of suit.

FOURTH COUNT

4.29

Plaintiffs repeat and re-allege all prior allegations as

though set forth fully herein.

4. 30

As a

result of the injuries suffered by plaintiffs,

plaintiffs, Donald Hyde and Jackie Hyde have both suffered per quod
damages for the loss of their spouses'

aid,

comfort,

conjugal

fell01-1ship and consortium.

vJHEREFORE, plaintiffs demand judgment against the defendants
as a result of their actions,
together with attorneys fees,

compensatory and punitive damages,

interest and cost of suit.

Bendit Weinstock, P.A.

K. Raja Bhattacharya
80 Main Street, Suite 260
West Orange, NJ 07052
Tel. 973-736-9800
Fax 973-325-3115
Email: kbhattacharya@benditweinstock.com

Is/ K. Raja Bhattacharya

K. RAJA BHATTACHARYA
Dated: August 4, 2015