Howell Police Officer Riaz Motani and Sgt. Joseph Markulic are being accused of bias and other charges in a lawsuit that has been filed by Howell residents Brandon Camacho and Ben Camacho.

The complaint includes counts of malicious prosecution, invasion of privacy, abuse of process, negligence and civil rights violations stemming from a traffic incident that occurred in January 2010.

Howell Township is also named as a defendant.

Edward J. Rebenack, the attorney representing Brandon Camacho and Ben Camacho, said he is unsure if either of the defendants has had formal answers filed on their behalf.

Once the defendants answer the complaint, the case would enter the discovery phase, a pretrial period during which the defendants and plaintiffs disclose information to the other party. “Through the discovery process, we anticipate that we will uncover the ulterior motives of the defendants for the approach they took to the investigation and prosecution of the underlying case,” Rebenack said.

At its Jan. 24 meeting, the Howell Township Council passed a resolution to allocate funds to provide legal representation for Motani and Markulic.

Attorney Guy Ryan, who is representing Motani, and attorney Scott Tashjy, who is representing Markulic, did not respond to messages left requesting comment.

According to a copy of the complaint obtained by the Tri-Town News, on or about Jan. 20, 2010, a vehicle driven by Randall Watson struck Brandon Camacho near Newtons Corner Road in Howell. Camacho was a pedestrian.

The legal papers allege that Motani, who was the investigating officer, showed bias against the plaintiffs “based upon his familiarity/ relationship withWatson.”

Motani is accused of requesting a sample of Brandon Camacho’s blood after the accident without probable cause and of subsequently taking blood samples without consent of the plaintiff.

Motani is also accused of intentionally misrepresenting the plaintiff’s actions on video surveillance obtained from a local business adjacent to where the accident occurred. The video does not depict the action or location of Brandon Camacho immediately prior to the incident, the complaint states.

The document alleges that in February 2010, Motani, without cause and to gain favor for Watson or to retaliate against the plaintiff, issued a summons to Brandon Camacho for improper crossing of the road by a pedestrian. The charges filed against Brandon Camacho were ultimately dismissed, according to the complaint.

The document alleges that the summons was issued at the direction and/or supervision of Markulic. The plaintiffs responded with a civil action against Watson for careless driving, the complaint states.

As a result of the summons and complaints signed by Motani, the plaintiffs incurred attorney fees, attended multiple court appearances and “otherwise suffered damages,” according to the complaint.

Howell Township Manager Helene Schlegel said the attorney services that are being provided to the police officers are funded by PMA Insurance Company, Howell’s insurance company.

According to the council’s resolution naming the attorneys, they will represent Motani and Markulic at the rate of $125 per hour, not to exceed $5,000.

The resolution states that any additional request for legal fees in excess of the authorized amount must be submitted in writing and approved prior to the actual incurring of the expense.

The case has been assigned to state Superior Court, Law Division, in Monmouth County. Judge Paul A. Kapalko is listed as the pretrial judge.