Cruz v. The City of New York

Summary

NYPD officers approached Plaintiff's car and alleged to have smelled and found marijuana. Defendant Officers searched and damaged the car, arrested plaintiff , and charged him with violation of PL 120- 14 Menacing in the Second Degree, Pl 195.05 Obstructing Governmental Administration in the Second Degree, PL 265.01- 2 Criminal Possession of a Weapon in the 4th Degree, PL 221.10-1 Criminal Possession of Marihuana in the 5th Degree and PL 240-20-1 Disorderly Conduct. Charges were ACD.

Plaintiff Attorney

Michael J. Colihan 44 Court Street Suite 906 Brooklyn, NY 11201 718-488-7788 Email: [email protected]

Named Officers

• Dimitrios Roidis, Narcotics Borough Queens
• Brittany C. Mcgee, Narcotics Borough Queens
• Andres O. Libreros, Narcotics Borough Queens

Other Patterns of Misconduct

• Racial/Biased Profiling Alleged

Types of Allegation

• False Arrest/False Imprisonment
• Malicious Prosecution
• Abuse of Process
• Denial of a Fair Trial
• Failure to Intervene
• Supervisor Liability
• Municipal Liability
• Municipal Liability

False Criminal Charges Outcome

• Adjourned in Contemplation of Dismissal

False Criminal Charges Type

• Assault
• Official Misconduct and Obstruction
• Gun Related
• Marijuana related
• Against Public Order

Charges Against Plaintiff

• 120.14 Menacing in the second degree
• 195.05 Obstructing Governmental Administration in the second degree
• 265.01(02,03,04) Criminal possession of a weapon- any degree
• 221.1(15,20,25,30) Criminal possession of marijuana- any degree
• 240.2 Disorderly conduct

Documents

• Complaint