Daniel v. The City Of New York et al

Summary

Plaintiff got into a physical altercation with her roommates when somebody shot a gun and police responded to the scene after hearing reports of a gunshot. Police then arrested Plaintiff, brought her to the 113th Precinct, and charged her with two counts of Criminal Possession of a Weapon in the Second Degree (PL ßß265.03[1][b] and [3]), Criminal Possession of a Weapon in the Third Degree (PL ß 265.02[1]), Reckless Endangerment in the First Degree (PL ß 120.25), and Unlawful Possession of Pistol Ammunition (AC ß 10-131[1][3]). Charges were later dismissed.

Plaintiff Attorney

Guido Moreira Law Office of Guido Moreira 6804 Bliss Terrace Brooklyn, NY 11220 646-338-8928 Fax: 718-680-1162 Email: [email protected]

Named Officers

• Clarence Hopkins, 113th Precinct
• Steven J. Orlando, 113th Precinct
• James T. Gherardi, 113th Precinct

Types of Allegation

• False Arrest/False Imprisonment
• Malicious Prosecution
• Abuse of Process
• Deprivation of Substantive Due Process
• Violation of Equal Protection Clause
• Indifference/Denial of Medical Care
• Supervisor Liability
• Failure to Intervene
• Municipal Liability
• Respondeat Superior
• Negligent Infliction of Emotional Distress
• Negligent Retention, Hiring, Supervision, and/or Training
• Negligence

False Criminal Charges Outcome

• Dismissed and/or Sealed

False Criminal Charges Type

• Gun Related
• Assault

Charges Against Plaintiff

• 265.01(02,03,04) Criminal possession of a weapon- any degree
• 120.25 Reckless endangerment in the first degree
• 10-131(ALL)

Documents

• Complaint
• Amended Complaint