A New Jersey appellate panel on Friday refused to revive a police training company’s civil rights lawsuit against the New Jersey Office of the State Comptroller, ruling that the company's claim of being targeted for political reasons does not constitute a valid cause of action.

NJ Panel Political Bias Suit : Panel Upholds Subpoena Power

The two-judge appellate panel ruled that the independent state agency, the Office of the State Comptroller, was within its rights to subpoena and review financial records related to a five-day conference held by Street Cop Training in October 2021 in Atlantic City. The event featured Fox News personality Tomi Lahren as a speaker, a point of contention in the company’s lawsuit. Street Cop Training argued it should not have to comply with the subpoena because it is a private company, but the panel disagreed, stating that any entity receiving public funds could be subject to state oversight.

Street Cop Training alleged that the comptroller's office specifically targeted it because of Lahren's appearance, noting that four out of the five document requests were linked to the conference. The company claimed this focus was politically motivated, particularly given media coverage that associated the company with Lahren's political views. However, the panel dismissed these claims as “conclusory allegations” without sufficient legal grounding.

NJ Panel Political Bias Suit : Legal Challenge Dismissed

The panel concluded that Street Cop Training’s claims failed to establish a cause of action under the Civil Rights Act (CRA), stating, “Read most liberally, plaintiff's claim sets forth conclusory allegations that it was targeted for a perceived political ideology and does not present a fundament of a cause of action for a CRA violation."

Jonathan Cohen of Plosia Cohen LLC, representing Street Cop Training, criticized the ruling, arguing that the panel applied an "impossible standard" by not properly evaluating the complaint under the state's equivalent to the federal 12(b)(6) standard, as outlined in the New Jersey Supreme Court’s 1989 decision in Printing Mart v. Sharp Electronics. Cohen indicated that the company is considering seeking certification to the New Jersey Supreme Court to challenge the appellate panel’s decision.

Comptroller’s Office Welcomes Decision

Pam Kruger, a spokesperson for the State Comptroller’s Office, praised the ruling, stating, "[The comptroller's office] welcomes the court's ruling affirming that any entities, including private companies, receiving public funds in New Jersey may be subject to our oversight. We remain dedicated to ensuring transparency and accountability in the use of public resources."

The dispute began in 2022 when Street Cop sued the comptroller's office after it requested financial documents related to payments from New Jersey law enforcement agencies and details of the training provided. The lower court dismissed the suit in May 2023, asserting that the comptroller's office acted within its statutory mandate. Additionally, a related federal lawsuit filed by Street Cop’s CEO, Dennis Benigno, was dismissed earlier this year.

Investigative Findings and Ongoing Fallout

The controversy escalated after the state comptroller issued a report in December on the Atlantic City conference, revealing that instructors at the event promoted unconstitutional policing tactics, glorified violence, and undermined police reform efforts in New Jersey.

Following the ongoing legal battles, Street Cop has filed for bankruptcy.