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ARTICLE ID 194653

$________ Civil Rights – Police Negligence – False arrest and Malicious Prosecution - Defendants falsely arrest the plaintiff and file false police reports with the District Attorney’s office – Violating plaintiff’s rights under 42 U.S.C. § ________

USDC Southern

The plaintiff, in this civil rights violation action, maintained that the defendants arrested the plaintiff without cause or justification and filed false arrest reports alleging that the plaintiff was selling or in possession of a controlled substance. The defendants denied all allegations of violating the plaintiff’s rights.

On, or about February 12, ________, at approximately 2:45 p.m., the male plaintiff was lawfully present inside of ________ Alexander Avenue in Bronx County in the City and State of New York.

At the aforesaid time and place, the plaintiff received a phone call alerting him that his father was being arrested outside. The plaintiff rushed downstairs to see what was happening and was immediately placed under arrest. The defendant officers handcuffed the plaintiff’s arms tightly behind his back and charged him with Criminal Sale of a Controlled Substance in the Third Degree. At no time on February 12, ________ did the plaintiff sell, possess, or control any amount of a controlled substance, nor did he act unlawfully in any way. Thereafter, the plaintiff was transferred to a nearby police precinct where he was subjected to an invasive strip search revealing no evidence of criminal or unlawful activity whatsoever. As a result of his unlawful arrest, the plaintiff spent approximately 48 hours in police custody and approximately three months making court appearances. In connection with his arrest, the defendants filled out false and/or misleading police reports, and forwarded them to prosecutors at the Bronx County District Attorney’s Office. Specifically, the defendants falsely alleged that plaintiff sold crack cocaine to his father. All charges against the plaintiff were dismissed on May 18, ________. The plaintiff maintained that the defendants violated the plaintiff’s rights under the Fourth and Fourteenth Amendments to the Constitution of the United States of America, and in violation of 42 U.S.C. § ________. The defendant denies violating the plaintiff’s rights, and argued that the plaintiff, and his father, had been seen exchanging currency and a small object while on the street at the above address. The plaintiff then entered a nearby apartment, at which point he received a call that his father was being arrested. When the plaintiff went back to the street to inquire about the arrest, he too was arrested for the sale of a controlled substance. The plaintiff had over $________ dollars in cash on him at the time of his arrest.The jury found the defendant officer did not have probable cause to arrest the plaintiff, and was awarded $________.

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