The use of force in the arrest of Marc Guthartz was "entirely reasonable," a judge said.
Marc Guthartz, 46 (Department of Corrections) HACKENSACK -- A federal judge on Monday threw out the lawsuit of a man who said Hackensack Police Officers used excessive force while stopping him after a drug- and alcohol-fueled car chase.
The use of force in the arrest of Marc Guthartz, 46, was "entirely reasonable," U.S. District Judge Susan D. Wigenton wrote in her opinion.
Guthartz used two to three grams of cocaine and drank nearly a pint of whiskey the night of June 15, 2010 before driving to buy cigarettes in Teaneck, court documents show. While driving, he nearly struck a police vehicle.
The officer turned on his emergency lights but Guthartz fled. He struck two parked vehicles, a porch and a police car during the ensuing chase.
Gutharz crossed into Hackensack, where city Police Officers Bryan Ziegelhofer and Stephen Ochman joined the chase, documents say. Guthartz struck two police vehicles there, including Ochman's.
He stopped briefly in a Target parking lot, where he backed into a third police vehicle. Guthartz's car finally stopped when he crashed into a street sign.
Ziegelhofer and Ochman ordered Guthartz out of the vehicle, documents say. Guthartz said he put his hands up, but admits he can't remember the specific details of his arrest and may have flailed his arms.
Ziegelhofer used pepper spray and tried to take the keys out of the vehicle. He and Ochman forced Guthartz out.
According to Guthartz, they punched, kicked and struck him in the face with an object. He was treated at Hackensack University Medical Center for cuts and bruises.
Guthartz pleaded guilty to two counts of eluding, two counts of aggravated assault and one count of criminal mischief and sentenced to five to eight years in prison. He began serving his term at Southern State Correction Facility in 2011 and sued in 2012.
Ziegelhofer and Ochman filed motions in December asking Wigenton to issue a ruling without a trial. Guthartz was due to file an opposition Dec. 21, but asked for a delay. The Court extended the deadline to Jan. 20, but Guthartz again missed the deadline.
In her opinion, Wigenton said Guthartz posed a danger to pedestrians, motorists and officers at the time of his arrest. She argued that the state Supreme Court has ruled that using force--even deadly force--to end a car chase is "objectively reasonable."
"Although Plaintiff may not have reached the high speeds reached by plaintiffs in similar cases, Plaintiff's behavior nonetheless placed numerous lives in danger and Defendants used far less force than shooting Plaintiff or ramming his vehicle," she wrote.
Myles Ma may be reached at mma@njadvancemedia.com. Follow him on Twitter @MylesMaNJ. Find NJ.com on Facebook.