Weiss v. City of New York et al
Plaintiff was inside of a vehicle being operated by a friend when the vehicle was pulled over by Mark Scarlatelli and John Doe and ordered both the Plaintiff and John Doe to get out of the vehicle without cause or justification and proceeded to unreasonable search the Plaintiff without any reasonable suspicion that the Plaintiff had either committed, was committing, or was about to commit any crime/offense. Defendant officers removed a pill bottle from Plaintiff's pocket which contained the Plaintiff's lawfully prescribed daily medication. Defendant Officers ignored his explanation and the fact that he had a letter and prescriptions from his doctor in his bag that was in the vehicle proving it was lawfully prescribed. Defendant Scarlatelli improperly searched Plaintiff reaching inside his pants and arrested Plaintiff despite lacking probable cause and handcuffed Plaintiff in an over tight manner. Defendant Officers failed to secure his seat belt and drove in a manner that the Plaintiff was dangerously tossed around in the vehicle. Plaintiff was brought to the 120th Precinct, charged with unlawfully possessing his prescription meds, which the DA declined to prosecute.
Brett H. Klein Brett H. Klein, Esq. PLLC 305 Broadway, Suite 600 New York, NY 10007 212-335-0132