Medical Marijuana Arrest In Toms River Prompts Federal Lawsuit

TOMS RIVER, NJ – A Toms River man is accusing a Toms River police officer of arresting him despite showing he had a prescription and legally possessed medical marijuana in a federal lawsuit filed last week.

Kadeem A. Diawara’s lawsuit alleges the officer, Jason Stallworth, wrongfully arrested him on Sept. 2, 2020, on a charge of marijuana possession in spite of Diawara having documentation showing it was legally prescribed to him as a medical marijuana patient. He alleges he lost his job as a result of the arrest.

“The Township cannot comment substantively on the matter because it is pending litigation. We will, however, vigorously defend against the suit,” said Anthony Merlino, Toms River’s assistant township attorney.

The lawsuit, filed in federal district court in Trenton, alleges violations of the Fourth and 14th Amendments “to be free from unreasonable searches, seizures, and false arrest.”

According to the lawsuit, Diawara was talking to a friend on a public sidewalk outside a liquor store on Sept. 2, 2020. When he and his friend parted ways, Diawara got into his car, where his girlfriend was waiting, and drove away. As he did so, Stallworth began to follow him, and followed Diawara onto the northbound Garden State Parkway, where Stallworth pulled him over “for no apparent reason,” the lawsuit said.

Stallworth asked for Diawara’s license and registration, and asked if there was anything in the car that he should know about, the lawsuit said.

Diawara told Stallworth he had 3 ounces of lawfully dispensed medical marijuana, still in its original container, “for which he had the prescription and other related documentation as to its
medical source and his lawful possession of it,” the lawsuit said.

The lawsuit alleges Stallworth “continued to harangue Diawara about the location of drugs in the car. In the context of the questioning, it was apparent that Officer Stallworth held the belief that Diawara (or his car) possessed additional drugs beyond the medical marijuana disclosed by
Diawara.”

Diawara was arrested and taken to Toms River Police Headquarters, where, according to the lawsuit, Stallworth threatened continued detention and the arrest of Diawara’s girlfriend “unless he was forthcoming with evidence of drug transactions that he was accused of withholding,” the lawsuit said.

The lawsuit claims several other police officers cautioned “Stallworth about his conduct toward Diawara, characterizing it as unjustified based upon a total lack of probable cause.”

Stallworth charged Diawara by summons complaint with unlawful possession of a
quantity of marijuana “without probable cause or legal justification,” according to the lawsuit, and that Diawara was fired from his job when he returned to work after Labor Day, because of the arrest.

Diawara made numerous requests through his attorney for the dismissal of the charge. In July 2021, Diawara received a notice that the charge had been dismissed, without any explanation, the lawsuit said.

The lawsuit seeks a minimum of $75,000 in damages from Stallworth, and an additional minimum of $75,000 from Police Chief Mitchell Little, the police department and Toms River Township. Little is accused of failing to see that Stallworth was properly trained in dealing with legal medical marijuana possession, and failing to provide adequate internal affairs investigation and discipline, in his role as police chief.

The lawsuit also seeks unspecified damages from Toms River Township.