The drunken driving charges lodged against Lang were dismissed in 2014 by a judge who found the officers who arrested him had no probable cause.
In a 77-page ruling filed Wednesday, Superior Court Judge Daniel D’Alessandro wrote that Lang had not provided sufficient evidence to support his claims. Lang’s lawsuit – which also names Jersey City and Cowan’s brother, Capt. Thomas Cowan as defendants – alleges political association retaliation, malicious prosecution, false arrest, abuse of process and municipal liability.
The judge notes that in a deposition, Lang was asked “You agree that you have no evidence that Robert Cowan has knowledge of your political support for Jeremiah Healy?”
Lang’s reply was, “Correct.”
In addition to dismissing all claims against the former chief, the court dismissed Lang’s claim of political retaliation against Thomas Cowan and the city. However, D’Alessandro denied the motion to dismiss the claims for malicious prosecution and false arrest against Thomas Cowan.
Lang’s lawsuit was one of several brought against Robert Cowan by officers. However, in his reaction to D’Alessandro’s dismissal, Cowan said there are now no outstanding lawsuits against him.
“As I stated previously, after Senator (Robert) Menendez was indicted last year for multiple federal crimes, Mayor Fulop publicly asserted Senator Menendez’s right to due process to which I agree,” Robert Cowan said.
The now retired former chief continued saying “I would like to ask Mayor Fulop this one question, ‘Why did I not have that same right of due process for frivolous lawsuits filed against me?”
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