South Jersey referee in dreadlocks controversy loses another legal decision

A South Jersey high school referee who made headlines in 2018 when he gave a wrestler less than two minutes to choose between having his dreadlocks cut or forfeiting his match has lost another round in his legal battle.

In an eight-page decision, the New Jersey appellate court last week ruled against a case brought by Alan Maloney alleging defamation of character and other losses from the incident. The two-member panel upheld two lower court rulings.

The haircutting incident involved Andrew Johnson, then 16 and a junior at Buena Regional High School in Atlantic County, who was given 90 seconds to decide whether to have several inches of his dreadlocks cut after Maloney told him he could not compete without a hair covering that met regulation standards.

After a viral video was shared by a reporter of a distressed Johnson standing on the mat as a Buena trainer cut his hair, the incident prompted accusations of racism and cultural bias. Johnson is biracial. Maloney is white.

In his lawsuit, Maloney said Buena school officials failed to follow wrestling rules for hair coverings. He contended the backlash from the incident caused him to “suffer serious and severe injuries and damages” and “public disgrace, humiliation . . . so pervasive [he received] calls, emails, letters and the like, threatening [his] life.”

Maloney also said the video resulted in the incident being “manipulated and misconstrued as a national race issue,” according to the lawsuit. The appeals court said the defendants were not responsible for the social media post.

Maloney contended that Buena schools officials, including wrestling coach Gregory Maxwell, and athletic director David Albertson, breached their duty to him by suspending him. The trial judge issued an order in 2021 dropping the lawsuit against Maxwell and Albertson, the sole remaining defendants, and Maloney appealed, resulting in the most recent decision.

» READ MORE: Ref who told wrestler to cut dreads alleges defamation

In its ruling, the appeals court said Maloney, as the referee, “had the ultimate authority” to prevent Johnson from competing if he determined his head gear was non-compliant. ”And, correctly or incorrectly, he chose to exercise that power,” the court wrote.

» READ MORE: South Jersey wrestling referee gets two-year suspension for viral hair-cutting incident

Johnson’s lawyer maintained that Johnson’s hair length fell within regulations and that Johnson was singled out. Maloney said Johnson needed a covering not because of his hair length but because his hair “wasn’t in its natural state” and referred to the dreadlocks as “braids,” the lawyer has said.

Maloney, of Berlin Borough, could not be reached. His attorney, Louis Barbone, did not respond to messages Monday seeking comment. Maloney has defended his actions during the match.

Maloney had asked the appeals court to allow him to file an amended complaint after Superior Court Judge John Porto refused. The appellate court sided with Porto saying there were no new facts in the case.

Maloney initially was suspended and barred from officiating by the New Jersey Interscholastic Athletic Association, which oversees high school sports. Later, after an investigation by the state Division on Civil Rights, then-state Attorney General Gurbir S. Grewal sidelined Maloney for two years in September 2019.

According to an NJSIAA spokesperson, Maloney has not been assigned to any NJSIAA regular or state tournament matches.

» READ MORE: Gov. Murphy signs hair discrimination bill inspired by South Jersey wrestler who had his dreadlocks cut

It was unclear what other legal options Maloney has. He previously removed the NJSIAA and other association officers as defendants in the case.