NEWARK — A lawsuit stemming from an incident considered to be a major black mark against Newark's acting police director will cost the city more than $50,000, officials said today.

Roberto Lima, editor of Newark’s Brazilian Voice newspaper, was awarded $55,000 plus legal fees in response to a civil suit he filed for wrongful arrest in 2008. Lima claimed Samuel DeMaio asked Gerald Carlos, a photographer for the newspaper, if he had a "green card" after Carlos discovered a body in the East Ward in 2007.

Lima also claimed DeMaio ordered officers at the scene to seize Carlos’ camera and later handcuff him at a police precinct to stop him from publishing photos of the body in the newspaper.

The "offer of judgment" was announced by the state chapter of the American Civil Liberties Union, which aided Lima with the lawsuit.

"The actions taken by Newark police that day were a clear violation of Mr. Lima’s First Amendment rights as a journalist," said Baher Azmy, a Seton Hall law professor who also works with the ACLU-NJ. "Police cannot arrest innocent journalists to suppress stories that they may not like or may embarrass them."

Lima said he feels vindicated.

"Justice has been served and hopefully they have learned a lesson," he said, referring to the police. "Hopefully they will respect us more and they learn about journalists first amendment rights."

DeMaio, who declined comment yesterday, was reprimanded by then Attorney General Anne Millgram for the "green card" remark because it violated a directive prohibiting police from asking crime witnesses about their immigration status.

He has repeatedly denied ordering officers to seize Lima’s camera or handcuff him, and said he only asked about Carlos’ green card to identify him.

DeMaio, 44, was named Newark’s top cop in May, after Garry McCarthy left to become superintendent of the Chicago Police Department. At that time, several council members and civil rights advocates said the incident with Lima validated calls for DeMaio’s internal affairs record to be opened.

City officials said the incident has no bearing on DeMaio’s ability to run the department.

"Acting Director DeMaio continues to have the support of the administration and we are confident in his leadership and ability to lead our police department," city spokeswoman Anne Torres said.

West Ward Councilman Ronald Rice Jr. said while he believes DeMaio has done well as acting director, the court agreement could affect his confirmation hearing next month.

"I think it’s definitely a factor," he said. "I think he should voluntarily open his records in lieu of the settlement."

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