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Devonte Moore and Shaquan Rush were in a group of young men shooting Roman Candles at each other in the Arlington Gardens Public housing complex on July 1, 2019, the Hudson County Prosecutor's Office said.
Three police officers fired 22 rounds into the group, thinking the fireworks were guns after Moore pointed a candle at the officers, the HCPO said.
Both Moore and Rush were hospitalized.
The pair have filed a federal suit that names the officers, former JCPD Chief Mike Kelly and the city itself.
Jersey City spokeswoman Kimberly Wallace-Scalcione provided the following statement:
"As we said from the beginning, which has been supported every step up the way, including an independent investigation by the Hudson County Prosecutor's Office and a decision by the Grand Jury, the charges of any wrongdoing were all declined as it was determined the officers acted within the AG guidelines and any further lawsuits that attempt to say otherwise will be met with the same fate."
The complaint reads:
“It is clear from the facts pleaded herein that Jersey City and the JCPD’s willful and wanton failure to supervise, train, hire, discipline, and otherwise manage their officers empowered the officers to violate the law and the rights of civilians with a sense of immunity.
"The shooting and the attempted cover-up resulted in serious bodily injury, psychological, and other damages to each of the plaintiffs."
The suit goes on to allege that the JCPD refused to turn over police investigation reports after attorneys filed an OPRA request, instead sending “false and facially inaccurate” reports, according to NJ.com.
The city police department is also accused of refusing to turn over the reports after attorneys filed an OPRA request. Instead, they were accused of sending made up and inaccurate reports.
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