A local resident has brought a federal lawsuit alleging that municipal authorities repeatedly harassed him, violated his constitutional rights, and engaged in discriminatory conduct over an extended period. The complaint was filed by Samuel A. Malat in the United States District Court for the District of New Jersey on April 14, 2026, naming the Borough of Somerdale, code enforcement officer James Abbott, and unnamed individuals as defendants.
According to the filing, Malat claims that public officials in Somerdale engaged in a pattern of behavior that included issuing multiple summonses for alleged violations—even after previous citations had been dismissed—and making frequent stops at his residence both during and outside official work hours. The complaint states that these actions were part of an ongoing effort to harass Malat: “Harassing Plaintiff by making multiple stops in-front of Plaintiff’s residence during off-duty and on-duty hours.” Malat further alleges that officials issued duplicate citations for single events to increase potential fines despite knowing such tactics had previously resulted in dismissals.
The plaintiff also contends that municipal employees entered his property without a warrant or exigent circumstances and issued summonses for matters beyond his control. He asserts that he was singled out due to his political views and prior involvement in civil rights actions: “Singling out Plaintiff because of political views in a scheme of View Point Discrimination” and “Singling out Plaintiff based on a history of Plaintiffs prior Civil Rights actions pursued on behalf of others.” Additional allegations include concealing charges to prevent effective defense preparation, attempting to coerce payment of unauthorized fines to address municipal shortfalls, causing warrants to be issued without proper notice, ignoring similar conduct by other residents who were not cited, submitting forged evidence in court cases, and violating statutory limits on fines.
Malat’s complaint outlines several legal counts including intentional infliction of emotional and physical distress. He reports suffering severe emotional distress as a result: “Plaintiff has suffered severe emotional and physical distress.” The suit claims economic losses due to legal fees incurred while responding to these actions. Malat also argues that appeals made to other governmental agencies regarding this conduct were ignored.
The lawsuit alleges negligent hiring practices by the borough regarding its employees’ supervision and administration. It further asserts violations under multiple constitutional amendments: unreasonable search and seizure under the Fourth Amendment; substantive due process under the Fifth Amendment; procedural due process under both the Eighth and Fourteenth Amendments; as well as broader civil rights violations under Section 1983. Malat specifically links some actions taken against him to his previous role as counsel in other civil rights cases involving some defendants.
Additionally, the complaint cites Monell v. Department of Social Services—a Supreme Court decision establishing municipal liability for certain unconstitutional policies—alleging that illegal conduct by borough staff reflected established customs or policies amounting to official policy.
For each count detailed in the filing, Malat seeks judgment against all defendants jointly or severally for compensatory damages, punitive damages, interest, attorney’s fees (if applicable), costs associated with litigation, and any further relief deemed appropriate by the court. He has requested a jury trial on all issues raised.
Samuel A. Malat is representing himself as plaintiff pro se in this case. No attorneys or judges are named within the document provided. The case is identified as Civil Action No. 1:26-cv-03977-KMW-EAP.
Source: 126cv03977_Malat_v_Borough_of_Somerdale_Complaint_District_New_Jersey.pdf
