The nine-page ruling said the federal court in Newark “prematurely ruled that Aviles and the county defendants were not subject to Monell liabilities.”
A lawsuit against Hudson County and Oscar Aviles, seen here at a commencement ceremony for inmates with associates degrees from Hudson County Community College in May 2023, has been reinstated by a federal appeals court panel. Aviles, the assistant Hudson County administrator, was director of the jail at the time.
Ocasio appealed the decision on Aviles and the county, and Wednesday the Third Circuit Court of Appeals reversed the dismissal and remanded the claims against Aviles and the county for trial. Aviles currently is the assistant Hudson County administrator. The county and Aviles had successfully argued before the lower federal court last year that they were not responsible for Eady’s actions. County officials did not responded Thursday to a request for comment on the latest ruling.
The decision noted that Ocasio testified at trial that when he submitted a tort claim notice to the county over Eady’s wiretapping of his and other union members’ phone calls, Aviles took no action to investigate the allegations, discipline Eady, or insulate Ocasio or the other union members from Eady’s control.
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