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The Port Authority Police Benevolent Association is suing the bi-state agency over its handling of a rowdy Hoboken bar incident last August, asserting that officers' constitutional rights were violated when investigators demanded access to their cell phones under threat of termination. (Tony Kurdzuk | The Star-Ledger)

(Tony Kurdzuk/The Star-Ledger)

HOBOKEN -- The Port Authority Police union is suing the bi-state agency over the handing of a rowdy Hoboken bar incident incident last August that led to the firing of nine rookie cops who were celebrating their police academy graduation.

The Port Authority Police Benevolent Association is charging in the suit that investigators from the agency's inspector general's office demanded access to officers' cell phones, with the strong implication that refusing would result in their termination.

The suit charges that the cell phone demand violated the officers' constitutional protection against unreasonable search and seizure.

"Freedom from unreasonable searches enshrined in the Fourth Amendment -- binds law enforcement and government employers alike," states the suit, which was filed Wednesday in U.S. District Court in Manhattan by the PAPBA's lawyer, Richard Emery.

The Port Authority issued statement Wednesday in response to the suit.

"While we don't comment on pending litigation, the Port Authority strongly disputes the allegations made by the PBA regarding the Inspector General's investigation into the egregious behavior at this party involving newly sworn PAPD officers and some of their supervisors," the statement read. "The conduct displayed by these individuals was appalling, deeply troubling, and did not meet the high standards that all of our sworn police officers vow to uphold. The PAPD has a long tradition of honor, valor, and sacrifice, and we will vigorously defend the appropriateness of the Inspector General's investigation into this matter."



The Aug. 22 incident involved members of the academy's 113th graduating class who had gathered that night at Texas Arizona, a well-known bar at corner of River Street and Hudson Place, a block from the NJ Transit Hoboken Terminal.

A source familiar with what happened said at the time that the officers were drunk and out of control, and identified themselves as police officers when resisting bar bouncers who tried to quiet them. The source said someone at the bar called the Hoboken Police Police Department, which contacted the PAPD.

Following an investigation by the Port Authority Inspector General's Office, the agency announced in November that it was terminating nine of the new officers, who were on probationary status and do not enjoy all of the administrative and union protections as more senior officers.



The suit says that when the rookie officers were questioned individually by superiors in the months following the incident, they were led to believe that they were witnesses in the investigation, not targets. It also says the officers were not told that they had the right not to answer questions, or that they could have a lawyer or a union representative present during the questioning.

During the questioning, the officers were told to unlock their cell phones and eveal the contents, with the understanding by the officers that they would be fired if they refused.

The suit was brought jointly by the PBA and one individual member, PAPD Off. Kathleen Howard of Queens, and names as defendants the Port Authority, PAPD Superintendent Michael Fedorko, and a dozen named and unnamed police supervisors.

The suit cites a 2014 U.S. Supreme Court decision in a case known as Riley V. California, which extended privacy protections to information stored on mobile devices.

"The fact that technology now allow an individual to carry such information in his hand," wrote Chief Justice John Roberts, "does not make the information any less worthy of the protection for which the Founders fought."

Steve Strunsky may be reached at sstrunsky@njadvancemedia.com. Follow hin on Twitter @SteveStrunsky. Find NJ.com on Facebook.