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Andrew Rosa v. The City of New York and New York City Police Officers - U.S. District Court, SDNY

Andrew Rosa v. The City of New York and New York City Police Officers - U.S. District Court, SDNY

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Complaint filed on behalf of Andrew Rosa in federal court, U.S. District Court, SDNY, for false arrest, malicious prosecution and violation of civil rights, against The City of New York, New York City Police Officer Vincent Kong, New York City Police Sergeant Christopher Koch, New York City Police Lieutenant "Joe" Costello, New York City Police Captain Steven Braille, and New York City Police Chief Brian Conroy, by attorneys James I. Myerson, Esq. and Jeffrey A. Rothman, Esq.
Complaint filed on behalf of Andrew Rosa in federal court, U.S. District Court, SDNY, for false arrest, malicious prosecution and violation of civil rights, against The City of New York, New York City Police Officer Vincent Kong, New York City Police Sergeant Christopher Koch, New York City Police Lieutenant "Joe" Costello, New York City Police Captain Steven Braille, and New York City Police Chief Brian Conroy, by attorneys James I. Myerson, Esq. and Jeffrey A. Rothman, Esq.

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Published by: Jonathan S. Gould, Esq. on May 09, 2011
Copyright:Attribution Non-commercial

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11/25/2013

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IN THE UNITED STATESDISTRICT COURTFOR THE SOUTHERNDISTRICT OF NEW YORK______________________________ANDREW ROSA,PLAINTIFF11 Civ 02942(LBS)(TK)vsCOMPLAINT[JURY TRIAL]THE CITY OF NEW YORK, amunicipal entity, NEW YORKCITY POLICE OFFICERVINCENTKONG, Shield #01661,NEWYORK CITY POLICE SERGEANTCHRISTOPHER KOCH, Shield #2875,NEW YORK CITY POLICELIEUTENANT “JOE” COSTELLO,NEW YORK CITY POLICE CAPTAINSTEVEN BRAILLE, NEW YORK CITYPOLICE CHIEF BRIAN CONROY,NEW YORK CITY UNDERCOVER POLICEOFFICER293 (previouslyknownas NEW YORK CITY UNDERCOVERPOLICE OFFICER 2948, andprior to that as NEW YORKCITY UNDERCOVER POLICEOFFICER4325),NEW YORK CITY POLICEOFFICERSJOHN DOES,eachoftheidentifiedand non-identifiedpersonsin his/herindividualand official capacities,DEFENDANTS________________________________I. INTRODUCTION1. This litigationarises out of thecustodial arrestof the Plaintiff on the late evening of Thursday, July 17,2008 and the early morning of Friday,July 18, 2008attheHot Lap Dance Club,344 West 38
th
Street, New York City, NewYorkand the preferral ofcriminalchargesand theprosecution of the Plaintiff associated therewith.2. The Plaintiff was detained in custody forapproximately twenty seven hours until at or about 2:30
Case 1:11-cv-02942-LBS Document 1 Filed 05/02/11 Page 1 of 21
 
2A.M. in the morning of Saturday, July 19, 2008 when thePlaintiff appeared at an arraignment in the Criminal Courtof the City of New York, County of New York, and State ofNew York and was then released without bail and directed toreturn to Court for further proceedings on September 25,2008.3. The Plaintiffappeared in Court on September 25,2008where and when, on the motion of the New York CountyDistrict Attorney’s Office, the Criminal Court chargeagainst the Plaintiff was dismissed and the matter sealed.4. This is an action in which the Plaintiff seeksrelief for the violation of his rights as guaranteed underthe laws and Constitution of theUnited States.5. The Plaintiff seeks monetary damages and suchother relief, including injunctive relief and declaratoryrelief [if appropriate], as may be in the interest ofjustice and as may be required to assure that the Plaintiffsecuresfull and complete relief and justice for theviolation of his rights.II. JURISDICTION6. Jurisdiction of this Court is invoked pursuant toand under 28 U.S.C. Sections 1331 and 1343in conjunctionwith the Civil Rights Act of 1871,42 U.S.C. Section 1983,and theFourth and Fourteenth Amendments to the UnitedStates Constitution.7. The Plaintiff also invokes the jurisdiction ofthis Court in conjunction with the Declaratory JudgmentAct, 28 U.S.C. Sections 2201, etseq., this being an actionin which the Plaintiff seeks, in addition to monetarydamages, whatever other relief is needed to provide fulland complete justice including, if appropriate, declaratoryand injunctive relief.8. This is an action in which the Plaintiff seeksrelief for the violation of his rights as guaranteed underthe laws and Constitution of the United States.
Case 1:11-cv-02942-LBS Document 1 Filed 05/02/11 Page 2 of 21
 
3III. THE PARTIES9. The Plaintiff is anAmerican citizen and residentof theState of New York, the City of New York, and theCountyof Kings.10. The Defendant City of New York is a municipalentity which was created under the authority of the lawsand Constitution of the State of New York and which isauthorized with, among other powers, the powerto maintaina police department for the purpose of protecting thewelfare of those who reside in the City of New York.11.DefendantsChristopher Koch, Shield # 2875,VincentKong, Shield # 01661,“Joe” Costello, StevenBraille, Brian Conroy, New York City Undercover PoliceOfficer 293 (previously known as New York City UndercoverPolice Officer 2948, and prior to that as New York CityUndercover Police Officer 4325),and“John Does”are NewYork City PoliceDepartmentline and commandOfficers andagents and employees of the City of New York.12.Although their actions and conduct hereindescribed were unlawful and wrongful and otherwiseviolative of the Plaintiff’s rights as guaranteed under thelaws and Constitution of the United States, they were takenin and during the course of their dutiesand functions asNew York City PoliceDepartment line and commandOfficersand as agents and employees of the City of New York andincidental to the otherwise lawful performance of theirduties and functions as New York City Police Officers andagents and employees of the City of New York.IV. ALLEGATIONS13.This litigation arises out of the Plaintiff’scustodial arrestonThursday night, July 17, 2008 and onFriday morning July 18, 2008atthe Hot Lap Dance Clubwhich is located at344 West 38
th
Street, New York, New York14. The Plaintiff was employedat the Hot Lap DanceClubon a part time basisas an elevator operator.Plaintiffhad been employed thereatonly since around orabout July 8, 2008.15.The Plaintiffwas released from custody withoutbailat an arraignment at or about 2:30 A.M. on July 19,
Case 1:11-cv-02942-LBS Document 1 Filed 05/02/11 Page 3 of 21

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