On January 10, 2023, Judge James B. Clark, III, issued an order for the Defendants City of Englewood and Englewood Police Department to settle the $6 million Federal Civil Lawsuit filed by Plaintiff Marc Stephens for Illegal Entry, Illegal Search, Violation of Due Process, Failure to Train, Failure to Intervene, Harassment, and Defamation of Character.

The case involves multiple police officers and staff at Englewood Police Department, including the Chief of Police, Captain Matthew de la Rosa, Jake Tamburro, Matthew Mayer, Ana Paton, Simaza Kataw, Yancy Wazimas, Officer Josh Kim, and Officer Timothy Barrett.

On February 14, 2022, Marc Stephens, filed a federal civil complaint in the United States District Court for the District of New Jersey against the City of Englewood, Englewood Police Department, CareOne Management, LLC, and several individuals for multiple violations of his constitutional rights.

On May 11, 2022, the City of Englewood and Englewood Police Department, who is represented by lawyer Dermot J. Doyle of Huntington Bailey, LLP, filed a motion to dismiss the case.

The Englewood defendants ‘lied’ to the court and argued that Stephens ‘consented’ to a search of his home, and the court should not exercise federal jurisdiction over the case.

Marc Stephens, who is representing himself, successfully obtained both of the Englewood Officer’s bodycams, and submitted audio of Officer Josh Kim and Timothy Barrett.

In the audio, at the 19.33.42 mark, Officer Josh Kim and Timothy Barrett arrives and try to force their way into Stephens’ residence. Marc Stephens requested for a warrant, "Give me a Warrant!".

At 19.33.49, Barrett said, “NO, we are going in!”.

At 19.33.51, Marc Stephens says, "Then you guys will be opened to a lawsuit". At 19.33.53, Barrett said, “that’s fine you can sue me all you want!”.  Officer Josh Kim and Timothy Barrett, forced their way into the home.

Officer Josh Kim and Officer Timothy Barrett then moved to search the entire house. At 19.37.43, Barrett says, “do you mind if I take a look upstairs”.

At 19.37.46, Marc Stephens said, “NO, what you are doing is an illegal search”, and requested for a search warrant. At 19.37.53, Barrett states, “It is a search”. At 19.38.44, Barrett said he ‘does not’ need a warrant and continued to search upstairs.

On November 4, 2022, Federal Judge Madeline Cox Arleo, who was appointed by former President Barack Obama, rendered a legal opinion and ruled 'in favor' of Marc Stephens.

Judge Arleo states, “The Englewood Defendants argue that Plaintiff has not stated an Illegal Search claim because either Plaintiff consented to the search, or an emergency exception permitted the search. The Court disagrees”.

“Count IV may continue against the Englewood Defendants”, states Judge Arleo.

Judge James B. Clark, III, issued an order for, “All counsel and clients with full settlement authority shall participate in the conference”.

Plaintiff Marc Stephens and the Englewood Defendants were also ordered to submit separate confidential ex parte settlement position papers, not to exceed 5 pages, directly to Judge Clark’s chambers.

The settlement conference is scheduled for Tuesday, February 21, 2023.

Copy of Judge James B. Clark, III, order is here.