Discrimination Lawsuit Dismissed, 2 Westfield High-Ranking Police Officers Resign

WESTFIELD, NJ — Two high-ranking members of the Westfield Police Department have resigned after pleading guilty to the disciplinary charges of insubordination and neglect of duty, according to Town Administrator Jim Gildea.

A 19-page lawsuit filed by Sergeant Preston Freeman and Lieutenant Nicole Stivale against the department, citing issues of race and gender discrimination, as well as racial profiling was also dismissed.

The complaint and all claims against Westfield Police Chief Christopher Battiloro "are hearby dismissed with prejudice and without costs as against either party," according to court documents.

"This outcome reaffirms what we already knew through our own Internal Affairs investigation, and underscores that discrimination of any kind is not tolerated by our Police Department or this administration," said Mayor Shelley Brindle Thursday on her Facebook page.

As part of their plea, both Freeman and Stivale received a 39-day suspension without pay and they resigned from their positions effective May 31.

"The Westfield Police Department is among the top law enforcement agencies in the state, reflected in the department's current leadership and the ongoing professionalism of the men and women who serve our community," said Gildea. "The Town is pleased with the outcome of this lawsuit, as it reaffirms the findings of our Internal Affairs investigation into these allegations."

The lawsuit filed by Freeman and Stivale on March 25, 2022 made multiple allegations including how Freeman was treated differently by top officials in the department. The suit claimed for several years, Freeman was only given a 30-minute lunch break, whereas white officers would receive 60 minutes. Read More: Westfield Police Accused Of Racial Profiling, Discrimination: Lawsuit

Another allegation included how Stivale was "disparately treated on the basis of her gender" and that she was "paid significantly less than her male coworkers despite the same and/or substantially similar job responsibilities."

The lawsuit said Stivale was denied a promotion, additional compensation and job responsibilities by the department due to her gender.

"This lawsuit led to many unfounded accusations about the department which Chief Battiloro and our officers have stoically weathered in silence while it was adjudicated. What is most egregious about these unfounded accusations is that they diminish the legitimate claims of discrimination and harassment that are unfortunately much too commonplace in other police departments around the country," said Brindle. "I want to reaffirm this administration’s full support of Chief Battiloro and our officers and express our gratitude for all they do to keep our community safe."

Have a news tip? Email alexis.tarrazi@patch.com.