Federal Judge Recommends Up To $600,000 In Sanctions Against Toms River Over Missing Records And Failure To Comply With Court Orders

In a 14-page decision issued October 30, U.S. Magistrate Judge Justin T. Quinn detailed repeated failures by the Township to produce electronic records, including government-issued devices that are missing, wiped, factory-reset, or inaccessible.

The ruling stems from lawsuits filed in 2021 by Khal Anshei Tallymawr and Bais Brucha, which have been delayed by ongoing disputes over the Township’s production of electronic evidence.

According to the decision, the Township was ordered in May 2024 to collect and produce electronic records. After repeated missed deadlines, the court held the Township in contempt in March 2025. Despite additional extensions and warnings, significant portions of the required evidence remain outstanding more than two years after the original order.

The court also revealed that devices associated with seven individuals remain subject to technical or accessibility issues. Some Township-issued devices cannot be located, others were wiped or factory-reset, and several remain inaccessible due to passwords or encryption.

More concerning, the judge found that the Township refused to authorize necessary forensic examinations and the associated expenses to search certain devices, despite its obligation to produce the evidence.

The decision also specifically references a July 1, 2026 order directing Mayor Daniel Rodrick to provide his Township-issued electronic devices within two weeks. Subsequent court filings identified additional devices that could not be located or searched. The ruling does not establish that Rodrick personally destroyed or erased any records.

In addressing the Township’s repeated noncompliance, the judge described its conduct as a “habitual and flagrant disregard of this Court’s decisions.”

The judge acknowledged that any financial penalties against the Township would ultimately fall on the public.

The court had already ordered $29,750 in attorneys’ fees, but that sanction failed to secure full compliance.

In another unusual development, the Township’s attorneys from Methfessel & Werbel have twice sought permission to withdraw from the litigation. The firm reported that the Township had discharged it, that payment for legal services was uncertain, and that the attorney-client relationship had deteriorated.

The judge denied the latest withdrawal request, citing the likelihood of further delays and the Township’s failure to identify replacement counsel.

The matter will now proceed before U.S. District Judge Zahid N. Quraishi, who will determine whether additional civil contempt sanctions should be imposed. The $600,000 figure remains a recommendation, not a penalty that has already been assessed.

If the Township continues failing to comply, the plaintiffs may also seek to strike its answers to the lawsuits, potentially exposing the municipality to more serious legal consequences.

The ruling raises significant questions about the handling of Township-issued electronic devices, compliance with federal court orders, and the potential financial exposure facing Toms River taxpayers.