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Newark cop fired over Facebook post faced previous discrimination complaint

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Ex-Newark cop fired over controversial Facebook post is named in a 2010 gender discrimination complaint, according to documents obtained by NJ Advance Media.

Newark Police.jpgFemale officer alleges pattern of harassment following 2010 complaint against since-fired police lieutenant. (File photo)

NEWARK -- A former Newark police lieutenant fired last month for his alleged role in a series of Facebook postings that appeared to compare the city's mayor to a gorilla is named in a 2010 gender discrimination complaint by a female city police officer, according to documents obtained by NJ Advance Media.

In an August 2015 tort claim notice, police officer Justine Branham accuses department officials of engaging in a pattern of harassment and retaliation she says began after she filed a discrimination complaint against Lt. Anthony Caruso in 2010.

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According to the tort claim, Branham in 2010 accused Caruso of changing her daily assignments so as to prevent her from participating in police union activities, the claim says. Adverse changes to her schedule by supervisors friendly with Caruso have continued in the years since, the tort claim documents say.

Caruso's attorney Anthony Iacullo denied the allegations against Caruso referenced in the claim.

"Lt. Caruso never directed any officer, let alone a superior officer, to retaliate or discriminate against anyone," he said in an emailed statement. "Lawsuits are filed against officers for a variety of reasons which are later found to be unsubstantiated or settled by a City or municipality for cost efficiency and anticipated legal fees to defend against an action. That is exactly what occurred previously with respect to this officer's 2010 claim against Lt. Caruso."

Reached via phone, Branham declined to comment on the 2010 claim. Gina Mendola Longarzo, her current attorney, also declined comment, saying she did not represent Branham proceedings relevant to the 2010 claim.

According to Branham's more recent claim, the 2010 complaint was settled. Attempts to obtain records relevant to it were unsuccessful.

Branham is now seeking $2.5 million from the New Jersey Department of Labor over the alleged retaliation she claims began with Caruso, according to the tort claim documents. Caruso has not been named as a defendant in the pending suit.

A spokesman for the City of Newark law department could not be reached for comment. A spokeswoman for the office of Mayor Ras Baraka declined to comment.

Meanwhile, Caruso is seeking to be reinstated to his post. The former cop filed an appeal with the Office of Administrative Law in Newark and the Civil Service Commission following his termination, his lawyer told NJ Advance Media.

"Needless to say, we are extremely disappointed by the aggressive actions taken by the City of Newark and its administration to terminate Lt. Caruso," Iacullo said.

The department launched an investigation into the Facebook postings that led to Caruso's firing in late July, after a member of the public sent police officials a screenshot of the conversation between Caruso and what is believed to be a retired officer.

The retired officer posted a photo of a gorilla captioned, "Lmfao....How's your mayor?"

"Exactly!!!!" Caruso replied, touching off a brief exchange between the two.

Through his lawyer, Caruso has denied the comments referred to Baraka's race.

"Any remarks made during the conversation have absolutely nothing to do with race," Iacullo said in a recent interview. "The people who know Lt. Caruso and the people who serve with him can attest to that fact."

Vernal Coleman can be reached at vcoleman@njadvancemedia.com. Follow him on Twitter at @vernalcoleman. Find NJ.com on Facebook.

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