Desoto et al v. New York et al

Summary

Plaintiffs were leaving a club when a fight broke out which they weren't involved in. Defendant Officers arrived and began pepper spraying everyone. When one Plaintiff protested, he was put in a chokehold , handcuffed, and assaulted. Officers then assaulted and arrested Plaintiff Sr.. Both Plaintiffs were charged with Assault in the Second Degree, OGA, and Resisting Arrest, which were later dismissed.

Plaintiff Attorney

Lina Marcela Franco Lina Franco Law P.C. 42 Broadway, 12th Floor New York, NY 00000 800-633-5620 Email: [email protected]

Named Officers

• Gerard A. Staples, 34th Precinct
• Lawrence Thomas, 34th Precinct
• Kathleen M. Myers, 34th Precinct
• Prince E. Smith, 34th Precinct

Force Detail

• Physical Non-Weapon
• Chokehold
• Mase

Types of Allegation

• Free Speech, Retaliation for Exercise of Rights to
• Excessive Force
• False Arrest/False Imprisonment
• Failure to Intervene
• Municipal Liability

False Criminal Charges Outcome

• Dismissed and/or Sealed

False Criminal Charges Type

• Assault
• Escape and Custody
• Official Misconduct and Obstruction

Charges Against Plaintiff

• 120.05 Assault in the second degree
• 205.3 Resisting Arrest
• 195.05 Obstructing Governmental Administration in the second degree

Documents

• Complaint