Brickbat: Side Business

A federal judge ruled Salvatore and Jane Mattiaccio, owners of Level and Square Construction in Point Pleasant, New Jersey, can proceed with their lawsuit against former Assistant Ocean County Prosecutor William Scharfenberg claiming malicious prosecution and defamation. Scharfenberg, who has since retired, operated a competing construction business, Beacon Homes of NJ, which the Mattiacios say he ran from the prosecutor's office without getting required approvals for outside employment. They say he also misused his prosecutorial authority to target them in criminal investigations and prosecutions. U.S. District Judge Georgette Castner dismissed most claims in the lawsuit, citing prosecutorial immunity, but claims against Beacon Homes and four people affiliated with the prosecutor's office remain.