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The judge similarly declined to dismiss a liability claim against the city. She said Capps’ suit “sufficiently alleged that Farabella either knew or should have known that Dixon received use of force complaints at a rate far higher than other officers in the department, and that whatever measures he took to correct this issue was insufficient.” Bumb also declined to dismiss a charge alleging excessive force by a second Millville officer, Bryan Orndorf, who took part in Capps’ arrest. Her ruling noted officers found to use excessive force during an arrest may also be liable for assault and battery. Louis C. Shapiro, a Vineland attorney for both women, declined to comment. ....
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