Vineland will cover punitive damages in custody death lawsuit

Vineland’s City Council voted on Dec. 28, 2021 to indemnify Officer Louis Platania for any punitive damages a federal jury might award in a wrongful-death suit related to the March 31, 2015 arrest and subsequent death of Phillip George White. The move means the city would cover punitive awards against Platania if he is found liable and the legal conditions for indemnification are met.

The federal lawsuit, filed in November 2016 by White’s mother and two children, seeks $10 million in compensatory damages plus unspecified punitive damages from the city and Platania. A trial has been anticipated for several years; court scheduling has been affected by procedural delays, including a prior postponement tied to courthouse closures. Remaining pretrial issues in the case have included juror questioning and other standard preparations. Plaintiffs submitted a list of questions for prospective jurors in mid-December of the pretrial period.

City Solicitor Richard Tonetta defended the council action at the time, saying, “In light of what is happening in the courts today, there is a concern that a jury in Camden County may ignore the facts and punish police.” Tonetta added that “the city feels the facts of the case are in its favor.” The council’s resolution cited New Jersey law that allows additional insurance coverage for government employees in punitive damages cases so long as there is no evidence the employee committed “actual fraud, actual malice, willful misconduct or an intentional wrong.”

The underlying incident remains central to community concern. White, 32 and a Walnut Road resident, died in an ambulance while being transported to the hospital after his arrest. A county grand jury in June 2016 declined to return criminal indictments, and the medical examiner attributed White’s death to a “toxic level” of PCP. A Vineland police K-9 named Agir was used during the arrest; the medical examiner characterized the dog’s injuries as “superficial.” The original federal complaint named the police chief at the time and multiple officers; one officer was later dismissed from the suit.

For Vineland residents, the council’s indemnification decision has practical and political implications. If punitive damages are awarded and the city covers them, municipal insurance premiums and budget pressures could follow, potentially affecting services and local taxes. The vote also raises questions about transparency, oversight, and how elected officials balance support for police with accountability to constituents. The case is a reminder that legal outcomes from decades-old incidents can still have fiscal and civic consequences today.

Our two cents? Stay engaged - track court dates, ask elected officials how indemnity decisions are reviewed, and consider these issues when voting in local races.