Judge files police brutality suit

From WPIX:

A Queens State Supreme Court Justice Thomas Raffaele is going after the city of New York and filed a lawsuit late August against it, the police department and the Queens County District Attorney’s office for covering up what he calls an unprovoked attack.

Raffaele and his attorney’s at Cardenas Islam and Associates believe new video evidence show the officer push Raffaele once and then what they describe as a karate chop to the neck.

Brown won't bring brutality charges

From the NY Times:

After a three-month investigation, the Queens district attorney has decided not to bring criminal charges against a police officer who was accused of assaulting a State Supreme Court justice on the street in what the judge contended was an unprovoked attack, officials said Wednesday.

The episode, which occurred just after midnight on June 1 as a crowd watching two officers subdue an unruly homeless man became increasingly restive, was the subject of what District Attorney Richard A. Brown called “an extensive and thorough investigation.”

In a statement, Mr. Brown said his office “has concluded that the facts do not warrant the filing of criminal charges” because “there is insufficient evidence of criminality to support a charge that the police officer acted with the intent to injure or that physical injury (as defined by statute and case law) occurred.”

The judge, Thomas D. Raffaele, 69, who hears matrimonial cases and has been on the bench since 2006, said that he was “very shocked” and “very disappointed” by the decision. He criticized the investigation by the district attorney’s office.

Vallone ordered to cough up correspondence

From Courthouse News Service:

On Aug. 10, 2010, Schoolcraft sued New York City, Marino, and several officers and doctors for nearly 20 claims, including false arrest, abuse of process, medical malpractice and negligence.

He sought $50 million in compensatory and punitive damages.

When discovery began in May 2011, Schoolcraft sought leave to add a free-speech violation to his complaint and to access correspondence between New York City Councilman Peter Vallone, D-Queens, and Police Commissioner Ray Kelly.

Vallone, known for his vocal support of the NYPD, is not a party to the lawsuit.

U.S. District Judge Robert Sweet turned down the new charge on June 13, but ordered Vallone to cough up the correspondence.

In the second half of the order, Sweet said Vallone could not quash the subpoena because he represented a different precinct than the one that Schoolcraft patrolled.

"With respect to Councilman Vallone's contention that the discovery requests are irrelevant because Councilman Vallone represents an area within the confines of the 114th Precinct rather than the 81st Precinct where plaintiff was stationed, it must be noted that the allegations in the complaint are not limited to the 81st Precinct," the order states. "Instead, plaintiff alleges that the policy about which he complained affected the entire NYPD, and Councilman Vallone's statements to the press concerning this policy suggest Councilman Vallone to be possession of information related to that citywide policy."

Judge claims police brutality

From the NY Times:

Queens prosecutors and a police internal affairs unit that investigates brutality complaints are trying to determine whether a police officer accused of hitting a State Supreme Court justice in the throat and assaulting a handcuffed man committed a crime, officials briefed on the case said on Wednesday.

Investigators have identified the officer, several of the officials said. The judge, Justice Thomas D. Raffaele, 69, said the uniformed officer flew into a rage on a Queens street last week and struck him, apparently mistaking him for one of the hecklers who were jeering at the officer and complaining about his treatment of the handcuffed man.

The judge picked the officer’s picture out of a photo array, two of the officials said. The New York Police Department did not release the name of the officer, who works in the 115th Precinct in Jackson Heights, Queens, and Police Commissioner Raymond W. Kelly said that his duty status had not changed, meaning he remained assigned to patrol duties.

Police brutality in Jackson Heights?

From CNN iReport:

Hundreds of Uruguayans took to the streets in celebration of thier championship victory in Copa America at 5:00pm Eastern Time. What was supposed to be chants of pride and joy quickly turned into a scene of police brutality. Fifteen minutes into the celebration, an army of police from the 115th precinct bombarded the area to clear the streets using unneccessary force injuring inncocent people. The footage captures one man being repeatedly kicked and beaten with battons and nightsticks by several police officers while other officers held him face down. More officers realized people taking footage and tried to shield view of onlookers as well as knocking cameras and phones out of peoples hands. The chaos the police created forced people to run into local shops for safety. One bakery called the "Grand Uruguaya" has survaillence videos that captured a large group of police officers, who entered without any provocation and began flipping tables, kicking chairs and hitting people with nightsticks; ultimately ripping a Uruguayan flag adding insult to injury. Police brutality and abuse of authority is becoming a huge concern for us all.

Police brutality in Ozone Park?

From NY1:

It was six o'clock Tuesday evening when the Martin family says two plainclothes New York City police officers kicked down their door.

"We all came running downstairs and said 'What are you doing?' They said 'We kicked in the door.' We said 'What was the reason for kicking down the door?' They said 'Because we felt like it,'" Sean Martin said.

The NYPD's version is very different. The police say the officers were chasing a drug suspect who ran into the building where the Martins live. The police say the outside door was already broken, so they knocked it in but were unable to locate the suspect.

A short time later other officers showed up and spent half an hour trying to fix the door. According to the Martins, police officers eventually gave up and tried to leave without giving them any paperwork.

That's when the Martins say they stood in the street to stop the officers from leaving. They claim the police tried to drive through them and that 15-year-old Sean Martin was hit by an NYPD car.

"Deliberately drove into us, he swerved the truck into us," said Anthony Martin.

Sean Martin says the truck hit his knee, and the side view mirror struck his ear. That's when the Martins say things turned even uglier.

According to the Martins, one of the officer's switched off the lights and dozens of others stampeded into their foyer. Marie Martin says she was punched and kicked in the process.

"They beat up my 15-year-old after they hit him with the truck. They beat up on my brother, my daughter, my other two sons. They had no right to hit them, they were in handcuffs," Marie Martin said.

The police deny the claims. Five family members were later charged with disorderly conduct, obstruction and resisting arrest. Four officers were treated for minor injuries.

As for hitting Sean Martin with a police vehicle, investigators say the boy tried to break the mirror -- a claim his brother says is not true.

"I've been an auxiliary [officer] for three years. I will never ever put that uniform on again. Never. It's a disgrace that they would lie," Anthony Martin said.

According to Martin, the family has filed a report with the NYPD's internal affairs bureau.