Mother of N.J. boy struck, killed by police car files suit

The mother of a 10-year-old Gloucester County boy struck and killed by a speeding police car in late December has filed a lawsuit against the county, Franklin Township, the police officer involved, and the New Jersey Department of Transportation.

Attorneys for Michelle Harding of Franklin filed the suit Friday in federal court in Camden, alleging wrongful death and contending that a number of agencies acted negligently, effectively contributing to the accident.

Harding had made known her intention to sue in the wake of her son's Dec. 28 death.

Authorities have said Matthew McCloskey, a fifth grader at Caroline L. Reutter Elementary School, was engaged in a nighttime "footrace" to the home of two friends who were with him when he was struck by the cruiser while crossing Delsea Drive (Route 47).

The officer, Nicholas Locilento, did not have the car's warning lights and sirens on at the time. Officials said the car was traveling at 74 m.p.h. - 24 m.p.h. above the posted speed limit - to a nonemergency call about an unruly juvenile.

The Gloucester County Prosecutor's Office, which declined to pursue criminal charges against Locilento, announced in late March a directive requiring officers to use warning lights and sirens when their vehicles surpass speed limits by 20 m.p.h. or more. Local police departments can develop more stringent standards.

Harding's lawsuit claims the township and county "created a custom and/or culture that led to the reckless, callous and/or deliberate indifference of the police officers in regards to implementing safety procedures while on nonemergency calls."

It also alleges the state Department of Transportation did not maintain safe standards for the roadway - for instance, by allowing a 50 m.p.h. speed limit in the area, near homes and the Reutter school.

One amount of damages specified in the suit, listed under claims against the state, asks for "in excess of $1 million."

Representatives for the state Department of Transportation and the county declined to comment, citing policy to not discuss litigation.

Franklin Solicitor John Eastlack said the township had not yet received the suit. "Franklin Township - after we've had a chance to review the matter - will defend the case as required," he said.

Michael Stosic, one of the attorneys representing Harding, said she hoped the suit would spur further law enforcement changes and a reduction in the speed limit on Delsea.

"States and counties don't have mothers and fathers," Stosic said, adding that money, if awarded, would go to Matthew's Miracles, an organization Harding started to assist families with children "who have endured a tragedy."