East NY Wrongful Arrest Leads to Federal Lawsuit

NEW YORK - May 13, 2015 - PRLog -- The First Incident

On April 23, 2015, Robert J. was in the vicinity of Glenmore Avenue and Junius Street and operating a Chevy Express van when he noticed a patrol car signaling for him to pull over. Robert asked the officers why he was being stopped and they responded that they were stopping him because his van was “so low.” The officers then demanded that he open the back of his van and he complied. In the back of his van Robert had iron beams, radiators and pipes, commonly referred to as “scrap metal,” which he had picked up from a job site in Manhattan. The officers asked him about the scrap metal and he produced a receipt which indicated that he had the right to possess the scrap metal. Nevertheless, Robert was arrested and charged with violating AC 10-118, a New York Code which addresses the destruction and removal of property in building or structures. He was transported to the 73^rd Precinct where he spent approximately thirteen (13) hours. Thereafter, Robert  was taken to Central Booking where he spent approximately seven and one half (7 ½) hours before seeing a Criminal Court Judge at his arraignment. At arraignment, the matter was adjourned in contemplation of dismissal.

The Second Incident

On March 8, 2014, Robert J. was driving in East New York, Brooklyn and operating a Chevy Express van when he noticed a patrol car signaling for him to pull over. He complied, and when he asked why he was being stopped, the officers told him it was because his van was “so low.” The officers then demanded that he open the back of his van and he complied. In the back of his van Robert had iron beams, radiators and pipes, commonly referred to as “scrap metal,” which he had picked up from a job site in Manhattan. The officers asked him about the scrap metal and he produced a receipt which indicated that he had the right to possess the scrap metal. Nevertheless, Robert was arrested and charged with violating AC 10-118, a New York Code which addresses the destruction and removal of property in building or structures. He was transported to the Precinct where he was processed before being taken to Central Booking. At arraignment, the matter was adjourned in contemplation of dismissal after Plaintiff he been detained for more than twenty four (24) hours.

The Third Incident

On January 30, 2013, Robert was in his Chevy van and waiting outside of Gershow Recycling, located on Pitkin Avenue, Brooklyn, NY, when he was approached by NYPD Officers. Robert had scrap metal inside of his van which he had picked up from a job site in Manhattan.  He showed the officers a receipt which showed that he had a right to possess the scrap metal, but nonetheless, he was arrested and charged with violating AC 10-118. Robert was transported to the Precinct where he was processed before being taken to Central Booking. At arraignment, the matter was adjourned in contemplation of dismissal after Robert had been detained for more than twenty four (24) hours. As a result of the foregoing Incidents, Robert J. alleges that he suffered unlawful detentions, loss of liberty, emotional distress, fear, anxiety, humiliation and degradation – all to his detriment.

Michael Redenburg represents Robert and regularly represents false arrest victims throughout the City of NY including Brooklyn, Bronx, Manhattan, Queens and Harlem.

www.mjrlaw-ny.com

Michael J. Redenburg, Esq. PC

11 Park Palce, Room 817

New York, NY 10007

212-240-9465


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