Weiss v. City of New York et al


Case number
16CV00776
Court district
United States District Court for the Eastern District of New York
Plaintiff gender, specified in lawsuit
Male
Incident date
November 18, 2014
Incident time
7:30PM
Stop Location
Motor Vehicle
Incident county
Richmond (Staten Island)
Precinct taken to
Outcome
Pending

Summary

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.

Plaintiff Attorney

Brett H. Klein Brett H. Klein, Esq. PLLC 305 Broadway, Suite 600 New York, NY 10007 212-335-0132

Force Detail
False Criminal Charges Outcome
False Criminal Charges Type
Charges Against Plaintiff

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