A federal lawsuit alleges that a group of public officials and private individuals conspired to deprive a local resident of his civil rights after an encounter involving a bicycle led to months of legal proceedings. The complaint was filed by Paul B. Dalnoky in the United States District Court for the District of New Jersey on February 24, 2026, naming as defendants Marty Small Sr., Mayor of Atlantic City; Sean Riggin, Director of Public Safety; the City of Atlantic City; and William and Joyce Heron.
According to the filing, Dalnoky claims that on August 25, 2024, while riding his non-motorized bicycle in Atlantic City, he made incidental contact with a car occupied by William and Joyce Heron. The complaint states that after this contact—which Dalnoky describes as not physically capable of damaging the vehicle—the Herons became enraged and pursued him both by car and on foot. Dalnoky alleges that this pursuit caused him significant fear and anxiety: “Both individual Defendants were screaming expletives and threats at me from their respective side windows.”
Dalnoky further claims that following this incident, William Heron contacted the Atlantic City Police Department (ACPD), which is overseen by defendant Sean Riggin. Police Officer Eric Wessler responded to the call and issued tickets to Dalnoky for leaving the scene of an accident and failure to report an accident. The plaintiff asserts these charges were baseless because “a bicyclist cannot be liable for a violation of the Motor Vehicle Law,” emphasizing that even video evidence referred to his vehicle as a bicycle.
The complaint outlines how these events led to eight months of legal proceedings in the Atlantic City Joint Municipal Court beginning October 9, 2024. Dalnoky states he was required to make multiple appearances under threat of arrest if absent: “During the eight months in which the underlying case was pending, I was in constructive custody… I had to appear at each hearing otherwise a warrant would be issued for my arrest.” He alleges that during this period he suffered stress-induced sleeplessness and emotional distress due to repeated court notices and hearings.
Dalnoky contends that there was no probable cause for prosecution since there was no actual damage or injury resulting from the incident. He further claims that any assertion by the Herons regarding property damage was fabricated: “Since there was no damage to the car due to me, the individual Defendants had to claim that a pre-existing injury…was caused by my bike.” He also references insurance payments received by the Herons prior to their continued pursuit of charges.
The suit accuses all defendants—public officials acting in their official capacities as well as private individuals—of conspiring under color of law to violate his constitutional rights pursuant to federal statute 42 U.S.C. §1983. It also brings state law claims including malicious prosecution (“the tort of malicious prosecution is fully made out”), assault (“the individual Defendants placed me in fear of an imminent battery”), and intentional infliction of emotional distress (“the stress and sleepless nights caused me by the criminal prosecution”).
Dalnoky’s filing criticizes procedural practices within Atlantic City’s municipal court system, alleging systemic denial of basic constitutional protections such as timely discovery, clear statements of charges, right to counsel, or speedy trial guarantees: “No substantive nor procedural rights are observed… it’s up-to [sic] the municipal Defendants to show the contrary.” He requests not only monetary damages but also equitable relief in the form of federal monitoring over Atlantic City’s Joint Municipal Court for five years.
The plaintiff seeks joint and several money judgments totaling $1.05 million across four main claims against both public officials and private parties: $150,000 on his first claim (conspiracy), $100,000 on his second (malicious prosecution), $50,000 on his third (assault), $750,000 on his fourth (emotional distress). Additional relief sought includes declaratory orders against Mayor Small Sr., costs associated with litigation upon prevailing in court, and other remedies deemed just by the court.
The case is identified as Case No. 1:26-cv-02330-CPO-SAK in the United States District Court for New Jersey’s Camden Vicinage. The document does not specify attorney representation or name any judges involved.
Source: 126cv02330_Dalnoky_v_Small_Sr_Complaint_District_New_Jersey.pdf
