Friday, December 23, 2011

The Abuse of Growth Hormones and Steroids by Law Enforcement in New Jersey, and the Question of Mandatory Testing.


The Federal Third Circuit of Appeals on December 20, 2011,  ruled and affirmed District Court Judge, Peter G. Sheridan decision in Kramer, McGovern, Bado, Petrillo, Stise, Vargas and Fay,  vs. City of Jersey City, (Docket No. 10-2963), that the Jersey City Police Department did not violate the civil rights of Jersey City police officers, Nicholas Kramer, Brian McGovern and Patrick Fay by removing them from active duty without their weapon when it became known that they were using legally prescribed steroids, and/or  had high unacceptable high levels of Testosterone or Epitestosterone in their systems.

The esteemed and prominent Federal Circuit Judge Julio M. Fuentes rejecting the police officers claim and affirming the dismissal of police officers §1983 law suit against the City of Jersey City and its police department.

Judge Fuentes writing for the court ruled that because police officers “are members of quasi-military organizations, called upon for duty at all times, armed at almost all times, and exercising the most awesome and dangerous power that a democratic state possesses with respect to its residents—the power to use lawful force to arrest and detain them.” Policemen’s Benevolent Ass’n of N.J., Local 318 v. Washington Twp. (Gloucester County), 850 F.2d 133, 141 (3d Cir. 1988).

Judge Fuentes further wrote, “The need in a democratic society for public confidence, respect and approbation of the public officials on whom the state confers that awesome power” is compelling. Id.; see Nat’l Treasury Employees Union v. Von Raab, 489 U.S. 656, 677 (1989). At the same time, police departments require “officers who are physically and mentally capable of working in dangerous and highly stressful positions, sometimes over long periods of time.” Fraternal Order of Police, Lodge No. 5 v. City of Phila., 812 F.2d 105, 114 (3d Cir. 1987). Thus, “police officers have little reasonable expectation that . . . medical information will not be requested.” Id.


The decision clearly holds that the abuse of steroids by police officers are unacceptable and dangerous to the public, when officers in a split second have the power to inflict serious harm and even death on anyone at any given time while performing their duty as sworn police officers.
United States District Court Judge Peter G. Sheridan finding that “generally high steroid levels are linked to aggressive behavior.” was right on the mark, and the affirmed that finding.  Even the police offices in this case did not deny the uncontroversial proposition that high steroid levels have been linked to aggressive behavior. See generally Nat’l Inst. on Drug Abuse, Nat’l Insts. of Health, Pub. No. 06-3721, Research 5 Report: Anabolic Steroid Abuse 5 (2006), available at http://drugabuse.gov/PDF/RRSteroids.pdf.

For criminal defense and civil rights attorneys who have experienced defending defendant’s, and pursing claims against steroid raged police officers whom have abused citizens through excessive force and other abuses, this decision is long overdue.  The courage of Police Chief Thomas J. Comey is likewise applauded in his goal of cracking down on the use of steroids by police officers in his department.  

Hopefully, this decision will give the courage to other local and State law enforcement agencies in New Jersey to crack down on police officers who abuse steroid use at the expense of our citizens.

“If you want Peace Work for Justice.”  Pope John Paul, I

Sanzone Firm
Law Office of Vincent J. Sanzone, Jr.
P.O. Box 261
277 North Broad Street
Elizabeth, N.J. 07207
(908) 354-7006
Dated: December 23, 2011

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