In most cases involving police detectives and prosecutors against alleged mobsters, those accused as mobsters are the defendants. A recent decision by a New Jersey federal appeals court has effectively reversed this presumption by allowing the estate of a deceased alleged mobster to proceed with its lawsuit against the prosecutor's office in Bergen County as well as its chief of detectives.
The lawsuit by the estate originated out of a criminal prosecution dating back to 2004, during which the plaintiff estate alleged that law enforcement officials in the Bergen County prosecutor's office leaked the name of the now-deceased alleged mobster as an informant. He was later murdered in what has been described as an execution-style killing. The estate's lawsuit claims that the alleged leak amounted to a danger created by the state which violated the civil rights of the decedent.