Nutley Cop’s Use Of Pepper Spray Was Justified, Court Rules

NUTLEY, NJ — A New Jersey appellate court has ruled that a Nutley police officer’s use of pepper spray on a pair of local residents in their home during a 2012 encounter was justified and reasonable.

Husband and wife Anthony Pace Sr. and Diane Pace had appealed from a lower court’s 2015 decision that granted summary judgment to defendants Township of Nutley, Township of Nutley Police Department and multiple named police officers.

But on July 12, a panel of judges ruled that Nutley police officers’ use of force during the 2012 incident was “objectively reasonable in light of the facts and circumstances confronting the officers.”

Read the full court decision here.

According to court records, prior to the 2012 incident, the Pace family had 55 documented interactions with Nutley police, including 25 incidents involving alleged domestic disputes. Several of the incidents resulted in temporary restraining orders.

On Oct. 18, 2012, police responded to the Pace home on a report of a domestic dispute involving Anthony, Diane and the couple’s two adult children, Anthony Pace Jr. and Diana Pace. When they arrived, officers were confronted with a “chaotic and volatile situation,” with Pace Sr. allegedly screaming and cursing from inside the home.

Diane Pace, who was outside the home, told officers that her husband was “out of control” inside the home, she wanted him removed and she wanted to file a complaint against him, records state.

The officers approached the home to speak with Pace Sr., who was “belligerent” and told them to leave, authorities alleged.

Tusa and Vitale exited the home and spoke again with Diane Pace, who repeated that she wanted her husband out of the home and wanted to file a complaint against him.

When officers approached the home again, the front door opened and Pace Jr. was standing in the doorway with Pace Sr. behind him. As one officer stepped forward, Pace Jr. allegedly raised his hand and pushed him back.

Pace Sr. then moved forward “in a menacing fashion” and reached over Pace Jr.'s shoulder to push Watts, but did not actually touch him, authorities stated.

The officer then pepper-sprayed both men in the face, court records state.

Pace Jr. continued to resist arrest but was eventually handcuffed and taken into custody. Pace Sr. also resisted arrest by throwing punches and disobeying verbal commands, but was also handcuffed and taken into custody.

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