‘Almost Lost His Life’: New Jersey Cop Who Brutalized Innocent Black Man Resigns After Judge Refuses to Kill Lawsuit
Carlton Brathwaite and his brother Derek were sitting in a car one night two years ago, discussing what to do with their elderly stepfather after the death of their mother, when they were confronted by New Jersey cops who brutalized one of the Black men. The main cop, Edison Police Officer Matthew Talavera, tried to justify the arrest by claiming Carlton Brathwaite had assaulted him but refused to produce his body camera footage to a judge to confirm the allegation. As a result, the judge dismissed the case against Brathwaite, telling Talavera the arrest did not pass the “smell test,” prompting Brathwaite to file a lawsuit. The cop who brutalized Carlton Brathwaite (pictured left) last year during a false arrest, leading to a $5 million lawsuit against him and the Edison Police Department, has resigned. (Photo: Tyrone Burnside and facebook.com/EdisonPolice) Then Talavera argued the lawsuit should be dismissed because of qualified immunity — the legal doctrine that protects cops from lawsuits unless they violated “clearly established” rights — but that also failed. Earlier this month, Talavera resigned from the Edison Police Department, an agency that has a long history of corruption, dysfunction and civil rights abuses, according to the lawsuit filed in 2024 by attorney Tyrone Blackburn, which is asking for $5 million in damages. The reason for Talavera’s resignation has not been publicly disclosed, according to local media, but it may be to avoid accountability as the civil case progresses. ‘Why Are You Choking Him?’: Georgia School Cop Brutally Arrests Black Teen After Adults Refuse to Check One Simple Thing, Video Shows But the resignation will not stop the case from moving forward because the city of Edison is also listed as a defendant. A trial date has not been publicized and Brathwaite’s attorney did not respond to inquires from Atlanta Black Star. But the lawsuit states Talavera’s action led to permanent injuries for Brathwaite. “Mr. Brathwaite was caused to sustain severe and permanent injury, including, but not limited to, permanent facial scarring, facial lacerations, a fractured skull, a fractured hand, multiple contusions and abrasions on his body, laceration to his head, concussion, headaches, depression, anxiety, humiliation, and fear,” the claim states. “Plaintiff almost lost his life as a result of the beating by the individual Defendant. The beating caused Plaintiff to suffer from migraines, angioedema, facial edema, and gastric cancer.” ‘Falsely Arrested’ The incident took place at 1 a.m. on October 6, 2023, in front of a residential home. The two brothers were sitting inside Derek Brathwaite’s car with the engine turned off and the radio on, listening to music and having a conversation about their elderly father after their mother had passed away. The lawsuit states they were confronted by Talavera and up to 10 John Doe cops who are officers whose names have not been obtained but are listed in the lawsuit as defendants. The lawsuit does not describe the conversation that took place, but the brothers were not breaking any law. Nevertheless, Carlton Brathwaite was “falsely arrested, violently assaulted and brutally beaten, hit with a weapon, pushed into the ground, and held in jail by the Defendant Matthew Talavera” and the other cops, the complaint states. The claim states he was charged with obstructing the administration of law, disorderly conduct, assaulting a police officer and resisting arrest. The charges were dismissed by New Jersey Judge Colleen M. Flynn in April 2024 after the cops repeatedly failed to provide evidence to convict Brathwaite, including the body camera footage that still has not been made public — even though Talavera stated in his arrest report he was wearing a body camera. “Yet, the prosecutors and Defendants failed to produce ‘body-worn camera; recordings to Judge Flynn,” the claim states. “Upon information and belief, during one hearing, Judge Flynn admonished the defendants, telling them that their criminal claim and attempted prosecution of Plaintiff Brathwaite did not pass the ‘smell test.’” Talavera ended up suspended for 10 days by the department, according to an internal report that states the following: Ptl. Talavera conducted an investigative stop of a suspect vehicle. During the course of the interaction with the suspect, Ptl. Talavera utilized force to take the suspect to the ground and struck the suspect. Ptl. Talavera did not use de-escalation techniques, and did not use force as a last resort. Ptl. Talavera's report was substandard and was not adequate in reflecting what occurred on scene. Ptl. Talavera was sustained for conduct unbecoming, willful violation of rules and regulations, and misconduct pursuant to NJSA 40A: 14-147 et Seq. Brathwaite filed his lawsuit in September 2024, accusing the defendants of violating his Fourth, Fifth and 14th Amendment rights. The lawsuit highlights the troubled history of the department that goes back years, highlighted in a 2012 New Jersey Star-Ledger article headlined, “Law and disorder: Edison's police force plagued by infighting, lawsuits.” “Upon information and belief, the defendants have in the past falsely arrested individuals, committed unconstitutional, illegal, and unlawful actions against individuals, solicited and prosecuted individuals improperly, and allowed Police Officers to make false entries in official Police Department records and cover up and conceal this type of behavior,” the claim also says. “The defendants, the Township of Edison and Edison Township Police Department have failed to take steps to discipline, train, supervise, or otherwise correct the improper, unconstitutional, and illegal conduct of the defendant police officers.”
