Browning v. City of New York et al

Summary

Plaintiff was standing outside a store when he was approached by defendant P.O. Batista who questioned if the plaintiff was carrying alcohol in his bag to which the plaintiff responded no. Plaintiff did not consent to his bag being searched, but it was anyway. P.O. Batista arrested the plaintiff without cause and transferred him to the 41st precinct. Plaintiff was charged with assault in the second degree, assault in the third degree, resisting arrest, and harassment in the second degree. An adjournment in contemplation of dismissal was accepted by the plaintiff before charges were dismissed.

Plaintiff Attorney

David Bruce Rankin Beldock Levine & Hoffman LLP 99 Park Ave 26th Floor New York, NY 10016 212-490-0400 Fax: 212-277-5880 Email: [email protected]

Named Officers

• Brian T. Padovani, 41st Precinct
• Samuel T. Batista, 41st Precinct

Types of Allegation

• False Arrest/False Imprisonment
• Fabrication of Evidence
• Deprivation of Substantive Due Process
• Failure to Intervene
• Deliberate Indifference
• Unlawful Stop/Search

False Criminal Charges Outcome

• Adjourned in Contemplation of Dismissal
• Dismissed and/or Sealed

False Criminal Charges Type

• Assault
• Assault
• Escape and Custody
• Harassment

Charges Against Plaintiff

• 120.05 Assault in the second degree
• 120 Assault in the third degree
• 205.3 Resisting Arrest
• 240.26 Harassment in the second degree

Documents

• Complaint