Deported Indian immigrant sues Edison, NJ police and ICE for brutality and violation of constitutional rights

july 7, 2008

Edison, NJ Police beat the crap out of Rajnikant Parikh last July, 2006, punching and beating him even as he was handcuffed on the ground in front of his apartment. After being bailed out, he had to get medical attention for back pain and bruises to his face and head. He also filed a complaint against the arresting offices.

30-year old Rajnikant, a liquor store clerk, spoke out against the Edison cops’ brutality and called for the suspension of Michael Dotro, one of the officers. He and other Indian American community members began organizing for a protest rally to be held on the following August 2nd. It happens that Michael Dotro’s brother, Sam, is an attorney at Immigration and Customs Enforcement (ICE). At the rally in Edison in August, Parikh was arrested by as he was speaking and soon deported to India.

This month Rajnikant Parikh filed a lawsuit in New Jersey federal court against the Town of Edison and several officers of Edison Police Department (EPD) and of ICE for violations of his civil rights stemming from his beating and retaliatory immigration arrest for his complaints around the assault. The Asian American Legal Defense and Education Fund (AALDEF) and Ravinder Bhalla are representing him.

In a statement, Parikh said, “First, I was beaten at the hands of the Edison police for no reason. When I complained and tried to speak out about what happened to me, they reported me to immigration in retaliation. I am being punished for being outspoken about the unjust manner in which the police officers treated me. My entire life has been turned upside down.”

The lawsuit asserts that Parikh’s First Amendment “right to petition” the government was violated when Edison police officers reported Rajnikant Parikh to ICE in retaliation for his complaint and public statements against them. The lawsuit also asserts that EPD officers violated his Fourth Amendment right against unreasonable searches and seizures when they brutally assaulted and beat him.

The town is 30% Asian and has a Korean American mayor, Jun Choi. Choi is standing firmly behind the police. He ruled that Michael Dotro acted purely in self-defense when he arrested Rajnikant Parikh. He and the Police chief also praised the cops after the August rally. They denied that they coordinated Rajnikant Parikh’s arrest with ICE. ICE, however, says that the arrest was made with the knowledge and assistance of Edison police. "We closely cooperated with the department," said ICE spokeswoman Jamie Zuieback. "As we always do."

Who’s lying?

The town is also has underlying racial and anti-immigrant tension. During the rally against the police, a counter-protest of 40 mostly white residents defended the police department. "How many of you are illegals? You must've slid under the border to come here!" one yelled, "You're all cockroaches! Go home!" Another held a sign, "Act like animals, and you will be treated like animals."

There has also growing debate over the role that local governments should play in enforcing Federal immigration laws. Immigrant rights groups have criticized local governments’ increasingly active roles.