Federal Court Allows New Jersey False Arrest Case to Proceed

A complex false arrest and malicious prosecution lawsuit involving the Borough of Belmar, NJ, and its emergency services took a key step forward this week. In Hines v. Borough of Belmar, the U.S. District Court for the District of New Jersey issued a 71-page opinion granting in part and denying in part the Borough’s motion for summary judgment.

Stephen T. Hines, a former Captain of the Belmar Fire Department and member of the Belmar First Aid Squad (BFAS), filed suit alleging violations of his federal and state constitutional rights following his November 2021 arrest. The charges—third-degree official misconduct and theft of $56.64 worth of fuel—stemmed from Hines using a municipal gas pump to fill a BFAS rescue truck on April 3, 2021, days after the squad ceased operations.

The facts as explained in the decision are quoted here at length:

On November 25, 2020, Belmar required BFAS to submit to a financial audit before Belmar would disperse to BFAS its annual stipend.
BFAS did not comply with the request, and in early January 2021, BFAS announced via letter that, after 97 years, it would cease providing emergency medical operations and other services by March 31, 2021, and begin to prepare a dissolution plan.
BFAS requested, however, that Belmar “continue to provide [its] stipend on a pro-rata basis” until March 31, 2021, to cover operation costs for the first quarter of 2021.
In furtherance of dissolution, BFAS arranged for the sale of its vehicles, equipment, and real property.
BFAS first arranged to donate its rescue truck to a fire company in New York for $1.
Critically, on April 3, 2021, the day the truck was to be turned over, Plaintiff went to the Belmar Marina gas pump, used a town-issued key fob to enter the premises, entered a personal access code, and filled the rescue truck’s gas tank.
Plaintiff was under the impression that Belmar would either deduct the cost of the gas ($56.64) from the pro-rated stipend BFAS requested, or bill BFAS directly.
BFAS additionally attempted to sell its real property, which was valued at $1,500,000.
Plaintiff alleges that Belmar had hoped BFAS would simply turn over the property to Belmar, but BFAS decided to move forward with a sale and entertain bids.
On May 14, 2021, Administrator Kirschenbaum placed a bid on behalf of Belmar to purchase the BFAS property. Belmar was the second highest bidder behind a developer.
As a result, Belmar adopted an ordinance authorizing the use of eminent domain to acquire the property which caused the developer to withdraw its bid.
Nevertheless, BFAS still refused to sell its property to Belmar without certain deed restrictions.
On July 6, 2021, Plaintiff and other BFAS members protested the ordinance and circulated a petition which collected enough signatures for a “Referendum,” which would have required either that the ordinance be withdrawn or placed on the local ballot in the next election. Belmar ultimately withdrew the ordinance, but a deal was never reached as to Belmar’s purchase of the BFAS property.
Seven months later, on November 30, 2021, Detective Bohrman arrested Plaintiff and charged him—with the approval of Captain Campbell—on a Complaint-Summons with theft, in violation of N.J. Stat. Ann. § 2C:20-3, a disorderly persons offense, and official misconduct, in violation of N.J. Stat. Ann. § 2C:30-2, a third-degree offense, arising out of allegations that Defendant stole $56.64 worth of gas from the Belmar municipal gas pump on April 3, 2021.
As a result of the charges, Plaintiff was suspended from the Belmar Fire Department.
On January 28, 2022, the Monmouth County Prosecutor’s Office dismissed both charges against Plaintiff for lack of evidence.

Hines’ federal complaint asserted ten counts, including false arrest, malicious prosecution, conspiracy to violate civil rights, First Amendment retaliation, abuse of process, and municipal liability under Monell. He also brought parallel claims under the New Jersey Constitution and Civil Rights Act.

The defendantsfiled a motion for summary judgment, seeking to have the entire case dismissed. On July 30, 2025 Judge Zahid Quraishi denied the motion on several key claims:

False Arrest: The court found genuine disputes of material fact as to whether there was probable cause to arrest Hines for either theft or official misconduct. Evidence showed Hines openly fueled the truck, believed BFAS would be billed, and had not been told his access to the pump was revoked. Summary judgment was denied against Detective Bohrman and Captain Campbell.
Malicious Prosecution: Claims against Bohrman and Campbell survived; the court held a jury could find lack of probable cause and potential improper motive. Claims against the Mayor and Business Administrator Edward Kirschenbaum were dismissed on this count.
Conspiracy: Evidence of animosity between Borough officials and the Hines family, and of Kirschenbaum initiating the investigation, was enough for the conspiracy claim against Kirschenbaum, Bohrman, and Campbell to proceed.
First Amendment Retaliation: Hines’ involvement in the petition drive opposing the eminent domain ordinance was “constitutionally protected conduct,” and the timeline between that activity and his arrest supported an inference of retaliation. Claims against Kirschenbaum, Bohrman, and Campbell survived; those against Mayor Mark Walsifer were dismissed.
Abuse of Process: Deposition testimony about alleged ulterior motives in bringing charges was sufficient to allow this claim to move forward against Kirschenbaum, Bohrman, and Campbell.
Municipal Liability: The court found Belmar’s eminent domain ordinance could constitute an official policy under Monell. Claims against the Borough and Kirschenbaum survived; those against the Mayor were dismissed.

Parallel claims under the New Jersey Civil Rights Act and state constitutional provisions for false arrest, malicious prosecution, and abuse of process were largely allowed to proceed on the same grounds as the federal counts, again limited to Kirschenbaum, Bohrman, and Campbell.

The decision clears the way for trial on multiple counts against the Borough, its Business Administrator, and two Belmar Police Department officers. The claims against Mayor Walsifer were largely dismissed, with the court finding insufficient evidence tying him to the alleged constitutional violations.

A trial date has not yet been set. Here is a copy of the decision: