NYPD Trial Room - ��.

Ex-NYPD Cop Reveals Tainted Disciplinary Process

Eric Sanders — Tue, 31 Oct 2023 13:57:42 +0000

FOR IMMEDIATE RELEASE

Eric Sanders, Esq., of ��., has announced that former NYPD police officer, Jermack Romero, filed a charge of discrimination with the United States Equal Employment Opportunity Commission [EEOC] against the police department of the City of New York. Romero alleges gender bias, systemic favoritism, and lack of transparency in the disciplinary process

NEW YORK – November 17, 2023 – The charge states that the police department of the City of New York, through its police commissioner and other management, utilizes arbitrary standards, which supports the idea of systemic favoritism, bias, and significant inconsistencies in how cases are initiated, prosecuted, and resolved.

Romero claims that the police commissioner and other management misused their statutory authority in connection with a domestic violence incident in September 2021, which involved his then-girlfriend. Through a former police commissioner, former First Deputy Commissioner, and their designees, Romero claims they failed to apply appropriate legal , resulting in his false arrest based on gender and other arbitrary standards. Romero was suspended pending investigation, and even though criminal charges were dismissed in January 2022, he remained on modified duty without cause until his .

Furthermore, Romero alleges that the department leadership frequently applies arbitrary standards of conduct, as exemplified in a 2021 incident where a male NYPD officer had sexual contact with a female complainant while actively investigating a carjacking in which she was a passenger. Despite the recommendation of termination, the Police Commissioner imposed a penalty of a loss of 30 vacation days and a one-year dismissal probation.

Lastly, the charge accuses department employees of continually violating Patrol Guide procedures by knowingly associating with persons who are reasonably believed to be engaged in, likely to engage in, or have engaged in criminal activities. Romero claims, it is common knowledge that several past police commissions frequently socialized with a principal of a Bronx restaurant who admitted to having a criminal record, including recurring allegations related to the sale of narcotics, prostitution, and other criminal conduct. Romero claims that this ‘conduct’ supports the idea of systemic favoritism, bias, and significant inconsistencies in how disciplinary cases are initiated, prosecuted, and resolved.

“It is the responsibility of those in a position of authority, who we depend on to serve and protect our communities, to act with integrity and equality. That includes understanding that anyone can be a victim of abuse, regardless of gender,” said . “Mr. Romero faced discrimination based on his , was denied his rights as a citizen, and suffered significant undue professional and personal consequences as a result of the misconduct of the police commissioner and other management.”

According to , “The blatant disregard for due process and the arbitrary application of the rules based on bias, personal relationships and political affiliations within the department is reprehensible. Considering the ongoing investigation into the , this is clearly a symptom of a systemic problem, and its officials must be held accountable.”

The Charge of Discrimination [Charge No.: 520-2024-02095] was filed with the United States Equal Employment Opportunity Commission on October 31, 2023.

ABOUT THE SANDERS FIRM, P.C.

Fighting for Justice, and Reform to Promote Equal Opportunity

New York Civil Rights Lawyer Eric Sanders, Esq., of ��., has a proven track record of fighting injustice and discrimination. With over 19 years of experience, Mr. Sanders has successfully litigated civil rights cases involving law enforcement agencies. The firm holds these institutions accountable and pushes for meaningful reforms to promote equal opportunity. Over the years, Mr. Sanders has secured millions of dollars in compensatory damages for clients alleging discrimination and other violations of civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, ��.
212-652-2782

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NYPD Detective Falsely Arrested For Sexually Abusing Minor, Sues

Eric Sanders — Tue, 26 Oct 2021 16:15:33 +0000

FOR IMMEDIATE RELEASE

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Eric Sanders, Esq., of����., announces NYPD Detective Juan J. Jimenez has filed a Notice of Claim against the City of New York, its internal investigators’ and ACS employees for falsely arresting and accusing him of sexually abusing a 12 year old female minor child

NEW YORK, October 26, 2021 – Today, more than two years ago on September 25, 2019, Jimenez was falsely arrested for sexually abusing a minor child. According to the claims, from the outset, the minor child admitted during the one and only forensic interview that she lies. More importantly, there’s no independent corroborative evidence that Jimenez committed any criminal offense. According to the claims, with reckless disregard for the truth and lacking probable cause, on September 27, 2019, Commanding Officer Hugh Bogle, Internal Affairs Bureau Group No.: 41, authorized the arrest of Jimenez for Sexual Abuse in the First Degree and related charges. He then directed Sergeant Derby Wanccique, Internal Affairs Bureau Group No.: 41, to arrest Jimenez and Detective Pascale Denis, Internal Affairs Bureau Group No.: 41, to process his arrest.

On September 30, 2019, Jimenez was falsely accused in a parallel child abuse investigation for allegedly abusing the same minor child and endangering the welfare of his own minor children, according to the claims. From the outset, based on the case notes, Supervisor Vivene Simpson and Child Protective Specialist Glory Okezie knew the minor child’s own parents admitted that she lies and they didn’t believe her. According to the claims, prior to the arrest of Jimenez, the minor’s parents or other potential witnesses were never interviewed. More importantly, despite the lack of credible evidence, two (2) Article 10 petitions were filed against Jimenez, according to the claims. On December 19, 2019, the Article 10 petition regarding the minor child was dismissed. On September 21, 2020, the Article 10 petition regarding endangering the welfare of his own minor children was dismissed. On September 24, 2021, the New York State Office of Children and Family Services removed all instances of indicated abuse naming Jimenez related to the aforementioned allegations from the State Central Register of Child Abuse and Maltreatment.

According to the claims, on May 26, 2020, Assistant District Attorney Chris Mirabella, Office of the Kings County District Attorney, Special Victims Division informed Detective Denis, the charges against Jimenez have officially been dismissed because on March 26, 2020, NO BILL was returned. Both Jimenez and Detective Denis testified.

On September 30, 2019, Commanding Officer Bogle, filed Charges and Specifications against Jimenez related to sexually abusing a minor child. After a two (2) day department trial, on July 30, 2021, Assistant Deputy Commissioner – Trials Nancy R. Ryan recommended Jimenez be found NOT GUILTY of sexually abusing the minor child. Throughout her decision, she notes from the outset, the minor child admitted during the one and only forensic interview that she lies. More importantly, she notes further embellishments and other than the minor child false assertions, there’s no independent corroborative evidence that Jimenez committed any criminal offense.

“I was falsely arrested based upon the blatant lies of a misguided minor child. The internal investigators’ and ACS did not have the common decency to ensure that I just as so many others in my position receive an ‘objective’ appropriate investigation. The department decided to move forward with my arrest and ACS with ‘legally baseless’ Article 10 petitions which led to my continuing legal nightmare. I was threatened with losing my freedom, ��family and career. My reputation and character is forever stained with sexually offensive crimes I did not commit,” said Jimenez.

“Unfortunately, Mr. Jimenez’s case is not unusual save for the fact he’s in law enforcement. Every day the NYPD and ACS ruin reputations and households throughout the Greater New York Area with similar misguided biased investigations. With these legal claims, Mr. Jimenez intends to shed light on the problem and hold the City accountable for these actions,” said lawyer Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

��.��offers those in the New York City area legal services related and connected to��civil rights,��civil service rights,��criminal law��and��discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner,��.
Business Phone:��212-652-2782

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Former NYPD ‘Karate Cop’ Claims, Terminated For Being DV Victim

Eric Sanders — Mon, 24 Sep 2018 08:36:59 +0000

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of ��., Former NYPD ‘Karate Cop’ Claims, Terminated For Being DV Victim

New York, NY, September 24, 2018, According to the lawsuit, ‘culturally’ within the NYPD, department brass harshly disciplines officers’ after disclosing they are victims of domestic abuse.

Guerrero claims, after the settlement in the Latino Officer Ass’n v. City of New York, et al. 209 F.R.D. 79 (2002), the Department continues to ‘unlawfully’ use the NYPD Disciplinary System (Command Disciplines, Department Advocate’s Office and Deputy Commissioner of Trials) to continue engaging in a ‘pattern and practice’ of using racial and gender stereotyping as the basis for ‘unfairly’ discipling male officers’ of color.

As evidence of the ‘willful’ pattern of using racial and gender stereotyping as the basis for discipling male officers of color, it hired First Deputy Commissioner Benjamin B. Tucker, Deputy Commissioner Trials Rosemarie Maldonado and Assistant Commissioner Department Advocate Kevin S. Richardson, according to the lawsuit.

Guerrero alleges that from August 2012 through December 23, 2015, Ms. Yahayra Feliz whom he has child in common with, physically and mentally abused him including threatening to have him fired from the NYPD. He claims that he reluctantly disclosed the domestic abuse to the Department.

On or about December 23, 2015, while alone inside of his apartment, he was awaked by Ms. Feliz with a smack to his face. Guerrero claims, Ms. Feliz entered his apartment without authorization. At some point, while arguing with Ms. Feliz, she was able to gain control of his department authorized Glock Model 26 9MM pistol. According to the lawsuit, while struggling with Ms. Feliz attempting to re-gain control over pistol, it discharged striking her in the neck causing a flesh wound.

The next morning, Guerrero alleges that Detective Megan Madaus, Major Case Squad of the Police Department City of Yonkers ‘falsely’ arrested and charged him reckless endangerment in the first degree. He claims, Detective Maduas had no ‘probable cause’ to arrest him and they failed to follow paragraph (c) of subdivision 4 of Section 140.10 of the Criminal Procedure Law (Primary Physical Aggressor) due to their racial and gender stereotyping believing he could not be a victim of domestic violence, according to the lawsuit. The Department suspended Guerrero for thirty (30) days without pay. He alleges, the suspension was violative of federal and state human rights laws particularly New York City Administrative Code § 8-107.1 (3) . See Matter of Reynolds v. Fraser 2004 NY Slip Op 24352 [5 Misc. 3d 758] September 24, 2004

According to the lawsuit, after numerous court appearances and testifying before the Grand Jury, Westchester County Assistant District Attorney Wendy Parra withdrew the felony complaint. On or about July 18, 2016, the case was dismissed and sealed.

On or about July 28, 2016, Guerrero met with the NYPD Force Investigation Division. Several months later, on or about January 26, 2017, Inspector Kevin Maloney of the the Force Investigation Division concluded Guerrero fired his pistol at Ms. Feliz. A review of the findings indicate Maloney did not assess the possibility of an ‘accidental’ discharge with Guerrero and Ms. Feliz’s hands on the pistol. Guerrero alleges, Maloney reached this conclusion because of racial and gender stereotyping disbelieving the possibility of an ‘accidental’ discharge while struggling to gain control of the pistol from Ms. Feliz.

On or about December 15, 2017, Hearing Officer Assistant Trial Commissioner David S. Weisel as the reviewer of evidence prepared a Report and Recommendation, recommending he be found Guilty of all charges and the penalty of termination imposed. Guerrero claims,

that Hearing Officer Assistant Trial Commissioner Weisel’s Report and Recommendation is full of racial and gender bias along with speculation and conjecture.

Moreover, that Hearing Officer Assistant Trial Commissioner Weisel, the Trial Commissioner’s Office in general has a long history of preparing Report and Recommendation that are full of racial and gender bias along with speculation and conjecture primarily whenever there is a review of evidence against officers of color.

According to the lawsuit, the ultimate reviewers of the Report and Recommendation merely rubber stamp them without any true interactive review process to ensure objectively, fairness and the officer, primarily of color rights are protected.

Guerrero claims, that Hearing Officer Assistant Trial Commissioner Weisel ‘intentionally’ ignored the testimony of Sergeant Neil Casey, Force Investigation Division that “there is no forensic evidence Guerrero he fired the weapon. Ms. Feliz’s DNA was not tested. Nor was the firearm tested for DNA.” According to the lawsuit, Guerrero alleges that the testimony of Sergeant Casey is in direct conflict with the findings of the report created by Inspector Maloney.

Guerrero alleges, that on or about December 15, 2017, Deputy Trial Commissioner Rosemarie Maldonado merely rubber stamped Hearing Officer Assistant Trial Commissioner Weisel’s Report and Recommendation without any true interactive review process to ensure objectively, fairness and his rights are protected.

On or about February 1, 2018, Guerrero claims Police Commissioner James P. O’Neill merely rubber stamped Hearing Officer Assistant Trial Commissioner Weisel’s Report and Recommendation without any true interactive review process to ensure objectively, fairness and his rights are protected.

“You treat people differently depending on your race, your gender or your political affiliation. This is what’s going on in the trial room. To ignore him and to say he couldn’t have been a victim is gender stereotyping,” says Eric Sanders.

Eric Sanders, Esq., of ��., filed the federal complaint with the United States District Court for the Eastern District of New York, Docket No.: 18 cv 5353 on September 24, 2018.

ABOUT THE SANDERS FIRM, P.C.

��. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, ��.
Business Phone: 212-652-2782

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NYPD Cop Alleges Retaliation ‘Not Stopping Enough Male Blacks and Hispanics’

Eric Sanders — Thu, 07 Jan 2016 13:38:54 +0000

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of ��., alleges in a federal lawsuit filing that Police Officer Michael Birch was retaliated against for ‘not stopping enough male Blacks and Hispanics’ within the New York City Subway System

New York, January 7, 2016 – According to the lawsuit, Birch, who self-identifies as a White Hispanic, is a 16-year veteran police officer with an exemplary record who is being subjected to a campaign of unlawful retaliation and harassment for complaining about the highly developed illegal “performance goals” implemented within Transit District No.: 34.

According to the lawsuit these illegal “performance goals” although consistently denied by THE CITY OF NEW YORK; RAYMOND W. KELLY; WILLIAM J. BRATTON; JOSEPH FOX; CONSTANTIN G. TSACHAS and their agents’ is a highly developed system designed to generate revenue and pecuniary gains to the detriment of citizens of color.

Birch claims in the lawsuit since 2011, THE CITY OF NEW YORK; RAYMOND W. KELLY; JOSEPH FOX; CONSTANTIN G. TSACHAS and their agents within Transit District No.: 34, have developed and implemented a system of illegal “performance goals” mandating increasing numbers of arrests, summonses and stop-and-frisks to the detriment of citizens of color. Also, developing a detailed monitoring system including computer databases used to track, analyze and categorize police officers to ensure their compliance with the illegal “performance goals.”

Officers within Transit District No.: 34, were constantly pressured to meet the illegal “performance goals” and those who failed to meet the “quotas” were subjected to punishment including undesirable assignments, the loss of overtime, denial of leave, separation from partners, poor evaluations, etc. When Birch expressed his concerns about the impact of illegal “performance goals” within Transit District No.: 34 upon the civil rights of citizens of color, to CONSTANTIN G. TSACHAS and other supervisors within the NYPD, he and other police officers were retaliated against particularly police officers of color, according to the lawsuit.

Birch contends in the lawsuit, the use of these illegal “performance goals” within Transit District No.: 34 is a microcosm of a larger public safety crisis regarding NYPD law enforcement activities. According to the lawsuit, for many several years, the NYPD has and continues to be besieged with complaints about its illegal use of “performance goals” leading to innocent citizens of color being stopped, frisked, issued legally baseless summonses, and even falsely arrested.

According to the lawsuit, Birch contends NYPD data reflects since 2002, more than five (5) million citizens were stop, questioned and frisked with the overwhelming majority, close to ninety (90) percent of the citizens forcibly stopped were released having committed no chargeable felony or misdemeanor offense under the New York State Penal Law. The overwhelming majority stopped were citizens of color.

Other than some anecdotal studies and analysis performed by the New York Daily News and other media companies, there have never been any comprehensive longitudinal studies regarding whether the NYPD policing and enforcement practices have a detrimental effect upon citizens of color, Birch contends in his lawsuit.

In November 2010, the NYPD through its Legal Bureau issued guidance to employees of the NYPD, which in essence “flaunts” the broad reach and protections of New York State Labor Law 215-a, by claiming supervisors can set “performance goals,”Birch claims in his lawsuit. According to the lawsuit, “performance goals” are just illegal “quotas” cloaked in different language.

Until Birch challenged the illegal “performance goals” implemented within Transit District No.: 34, he consistently received positive annual reviews, according to the lawsuit.

According to the lawsuit, CONSTANTIN G. TSACHAS through his supervisors within Transit District No.: 34 refined illegal “performance goals” implementing systems where police officers were credited for issuing “good” summonses — meaning Transit Adjudication Bureau (“TAB”) summonses particularly fare evasion because a person could “pop” meaning having a warrant therefore, the police officer can justify arresting the individual. Birch claims, police officers were — discredited for issuing “bad” summonses such as littering because it would not result in an arrest. He further claims the law enforcement activities were enforced according to the race of the citizen. Police officers who did not meet the illegal “performance goals” were subjected to a wide range of punishment, including undesirable assignments, loss of overtime, and denial of requested days off. In particular, assignments to the R and F train lines are considered undesirable assignments because Caucasian police officers and supervisors call them “ghetto” meaning transit lines primarily utilized by citizens of color.

After complaining to Sergeant Healy, and failing to meet the illegal “performance goals” as determined by CONSTANTIN G. TSACHAS, Birch contends he was placed on Level One (1) Performance Monitoring, according to the lawsuit. Birch claims Lieutenant Ng and Sergeant Healy told him CONSTANTIN G. TSACHAS placed into the Performance Monitoring Program due to his “lack of activity.”

Birch claims the Performance Monitoring Program managed by the NYPD Employee Management Division is used to unfairly punish police officers who refuse to meet the illegal “performance goals” imposed upon them. He also claims, the majority of employees placed into the Performance Monitoring Program are overwhelming police officers of color despite their numbers in the Department, according to the lawsuit.

Since December 2011, Birch began recording his interactions with CONSTANTIN G. TSACHAS and other supervisors because he knew based upon past experiences, the Department always denies illegal “performance goals” exist, according to the lawsuit.

In May 2012, Birch met with CONSTANTIN G. TSACHAS, Lieutenant NG and Sergeant Healy inside of the Conference Room, Transit District No.: 34. He was told by CONSTANTIN G. TSACHAS he was being rated a 2.5 on his Yearly Performance Evaluation due to his “lack of activity,” according to the lawsuit.

On August 12, 2012 Lieutenant King requested to meet with Birch inside of his office. Once inside, Lieutenant King showed him the Interim Performance Evaluation approved by CONSTANTIN G. TSACHAS rating him a 2.0 due to his “lack of activity,” according to the lawsuit.

On August 24, 2012 Birch met with CONSTANTIN G. TSACHAS, Lieutenant Frank Monti and Sergeant Mai inside of the Conference Room, Transit District No.: 34. He was told by CONSTANTIN G. TSACHAS he was being rated a 2.0 on his Interim Performance Evaluation due to his “lack of activity,” according to the lawsuit.

According to the lawsuit, during the meeting which was recorded, while reading some computer data, CONSTANTIN G. TSACHAS suggested he was not stopping “enough” Male Blacks and Hispanics. Birch claims he told CONSTANTIN G. TSACHAS he doesn’t target people, he’s not going to hide and play those sort of games, if he fills out a UF250 they deserved to be stopped. CONSTANTIN G. TSACHAS seemed incredulous that Birch stopped more females than males as if somehow, females don’t violate the law.

On September 26, 2012 Birch was placed on Modified Assignment under the authority of JOSEPH FOX after he was accused of giving false and misleading statements about entries made in a notebook placed inside of the Omega Booth, according to the lawsuit.

Although Birch didn’t place the notebook inside of the Omega Booth, he acknowledges writing entries in the notebook complaining about illegal “performance goals” implemented within Transit District No.: 34, according to the lawsuit.

On October 15, 2012 he was ordered to report to the Employee Management Division. While meeting with a supervisor, which was recorded, Birch was notified he was placed on Level Two (2) Performance Monitoring based upon the recommendation of CONSTANTIN G. TSACHAS, according to the lawsuit.

Birch claims, he told the Employee Management Division supervisor he was being “unfairly” rated by CONSTANTIN G. TSACHAS and other supervisors. However, the Employee Management Division supervisor didn’t report his complaints about being retaliated against to the Internal Affairs Bureau in accordance with NYPD Patrol Guide No.: 205-38, according to the lawsuit.

According to the lawsuit, Birch claims from Late September 2012 through February 2014, he miraculously had “no” performance problems.

In February 2014, Birch was ordered to report to the Employee Management Division where he was subsequently restored to Full Duty status and shortly thereafter, he was administratively transferred to the 69th Precinct, according to the lawsuit.

According to the lawsuit, upon Birch’s arrival, he met with the Commanding Officer and requested additional training due to the change of assignment from patrolling throughout the New York City Transit Authority Transportation System to street patrol which is diametrically different. Birch claims he never received any additional training.

On February 24, 2014, Birch received formal Charges and Specifications regarding the notebook incident inside of the Transit District No.: 34 Omega Booth, according to the lawsuit.

Birch claims, out of more than thirty (30) police officers interviewed about the notebook incident, he is one of the few officers to receive Charges and Specifications, according to the lawsuit.

In January 2015 Birch was administratively transferred to the 79th Precinct, according to the lawsuit.

Birch claims since January 2015 he miraculously had “no” performance problems, according to the lawsuit.

On September 16, 2015 Birch received formal Charges and Specifications regarding mishandling a domestic violence assignment, according to the lawsuit.

Birch contends, the Charges and Specifications along with other employment actions initiated by THE CITY OF NEW YORK; RAYMOND W. KELLY; WILLIAM J. BRATTON; JOSEPH FOX; CONSTANTIN G. TSACHAS and their agents’are in retaliation for him failing to go along with the illegal “performance goals” in violations of his civil rights under the Civil Rights Act of 1871, 42 U.S.C. § 1983; First Amendment of the United States Constitution and Article I, § 8 of the New York State Constitution.

“Unfortunately, people falsely believed with the appointment of a federal monitor and inspector general, the Mayor and NYPD management would stop violating people’s civil rights that is laughable. At this point, there is no political desire to end these practices. After all, the powers that be are more concerned about their personal legacies than the civil rights of the citizens. Quite frankly, the only way to stamp out this fraud and corruption is to aggressively hold people accountable with firings, civil liability and prison,” says Eric Sanders.

Eric Sanders, Esq., of ��., filed the federal lawsuit in the United States District Court for the Eastern District of New York Docket No.: 16 cv 00034 on January 5, 2016.

ABOUT THE SANDERS FIRM, P.C.

CONTACT

Eric Sanders, Esq.
President and Owner, ��.
Business Phone: 212-652-2782

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NYPD v. Police Officer Angel Irizzary

Eric Sanders — Fri, 13 Mar 2015 15:33:50 +0000

On or about October 1, 2012, the Department Advocate’s Office charged Police Officer Angel Irizzary with the following allegations of misconduct: (1) Said Police Officer Angel Irizarry, assigned to PSA #7, on or about and between October 4, 2011 and October 8, 2011, at a location known to this Department, in Bronx County, did wrongfully and without just cause prevent or interfere with an official Department investigation, to wit: said [Police Officer] made misleading statements during an interview conducted by prosecutors at the Bronx County District Attorney’s Office wherein said Police Officer denied making prior positive identification of perpetrators involved in a shooting in the confines of the 44th Precinct. (As amended) and (2) Said Police Officer Angel Irizarry, assigned to PSA #7, on or about and between October 4, 2011 and October 8, 2011, at a location known to this Department, in Bronx County, engaged in conduct prejudicial to the good order, efficiency or discipline of the Department, to wit: said officer made inconsistent statement to the Members of the New York City Police Department and prosecutors at the Bronx County District Attorney’s Office regarding a shooting in the confines of the 44th Precinct. (As amended)

On November 6, 2014, after a trial on the merits, the Honorable Claudia Daniels-DePeyster recommended that Police Officer Angel Irizzary be found ‘Not Guilty.’

On March 11, 2015, Police Commissioner William J. Bratton approved of the Honorable Claudia Daniels-DePeyster’s recommendation and found Police Officer Angel Irizzary ‘Not Guilty.’

If you feel that you’ve had your civil service rights violated, or would like to have an attorney review your documents to ensure that your rights are protected, contact the New York NYPD Trial Room Lawyer at ��.

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After Long Legal Battle, Terminated NYPD Officer Settles Counseling Unit Claims

Eric Sanders — Fri, 27 Feb 2015 15:01:07 +0000

FOR IMMEDIATE RELEASE

NEW YORK, February 27, 2015 – Today, after a long legal battle, terminated NYPD Police Officer Derek Miller settles discrimination, civil rights and constitutional claims filed against the several members of the Counseling Unit along with related parties.

On or about January 5, 2005, the Department Advocate’s Office charged Police Officer Derek Miller with the following allegations of misconduct: (1) Said Police Officer Derek Miller, assigned to the Bronx Court Section, while off-duty, on or about September 10, 2004, in the confines of the 49th Precinct, Bronx County, did wrongfully operate a motor vehicle while intoxicated (2) Said Police Officer Derek Miller, assigned to the Bronx Court Section, while off-duty, on or about September 10, 2004, in the confines of the 49th Precinct, Bronx County, did wrongfully operate a motor vehicle while impaired, and (3) Said Police Officer Derek Miller, assigned to the Bronx Court Section, while off-duty, on or about September 11, 2004, in the confines of the 49th Precinct, Bronx County, did wrongfully consume an intoxicant to the extent that said officer was unfit for duty.

On September 19, 2005, after a trial on the merits, the Honorable Michael D. Sarner recommended that Police Officer Derek Miller be found ‘Not Guilty.’

On October 6, 2005, Police Commissioner Raymond W. Kelly approved of the Honorable Michael D. Sarner’s recommendation and found Police Officer Derek Miller ‘Not Guilty.’

During the pendency of the trial, Police Officer Derek Miller decided to assert discrimination, civil rights and constitutional claims against the NYPD, its agents and a number of healthcare providers. Through counsel, Police Officer Derek Miller filed a series of legal actions with the New York State Office of Alcoholism and Substance Services (OASAS) and the United States Equal Employment Opportunity Commission (EEOC) which ultimately culminated with the filing of a federal lawsuit. While asserting his rights, Police Officer Derek Miller was terminated.

Several years later, after Eric Sanders, Esq., left the employ of Jeffrey L. Goldberg, P.C., Police Officer Derek Miller was forced to proceed ‘Pro Se.’ Although Police Officer Derek Miller was no longer a ‘client’ per se, Eric Sanders, Esq., of ��., continued to give him valuable legal guidance.

On February 27, 2015, after a long hard fought bitter legal battle, Police Officer Derek Miller settled discrimination, civil rights and constitutional claims filed against several members of the Counseling Unit along with related parties.

On March 23, 2015, the Honorable Roslynn R. Mauskopf dismissed all claims against several members of the Counseling Unit along with related parties. In addition, the Court dismissed all claims of the other ten (10) related plaintiffs’ as well.

“First, I would like to personally thank Eric for helping me without compensation although I was technically his former client. It was a long very difficult fight. Although I suffered many personal hardships as a result of taking a stand, if faced with similar problems in the future, I would do it again,” says Derek Miller.

“It was pleasure to assist Derek with this legal matter. Although this was a tough bitter legal battle, ultimately the City of New York sorta made things right. Derek was cleared in the NYPD Trial Room, he never should’ve been put through this process. Unfortunately, Derek was vilified for simply asserting his civil service, civil and constitutional rights, this was un-American. I can say, if in the future, Derek decides to pursue similar legal matters, I would be honored to represent him,” says Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

CONTACT

Eric Sanders, Esq.
President and Owner, ��.
Business Phone: 212-652-2782

###

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NYPD v. Sergeant Rohan McKenzie

Eric Sanders — Wed, 26 Nov 2014 23:19:17 +0000

On or about February 21, 2012, the Department Advocate’s Office charged Sergeant Rohan McKenzie with the following allegations of misconduct: (1) Sergeant Rohan McKenzie, while assigned to the Traffic Enforcement District, on or about and between September 1, 2010 and January 5, 2011, engaged in conduct prejudicial to the good order, efficiency or discipline of the Department, to wit: said Sergeant on multiple occasions issued No Charge Releases for vehicles for which he had no authorization to release and (2) Said Sergeant Rohan McKenzie, while assigned to the Traffic Enforcement District, on or about and between September 1, 2010, and October 19, 2010, engaged in conduct prejudicial to the good order, efficiency or discipline of the Department, to wit: said Sergeant wrongfully removed a summons from a vehicle which was located at the Bronx Tow Pound.

On August 14, 2014, after a trial on the merits, the Honorable David S. Weisel recommended that Sergeant Rohan McKenzie be found ‘Not Guilty.’

On November 26, 2014, Police Commissioner William J. Bratton approved of the Honorable David S. Weisel’s recommendation and found Sergeant Rohan McKenzie ‘Not Guilty.’

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Black NYPD Sergeant Found Not Guilty of Misconduct

Eric Sanders — Mon, 07 Apr 2014 23:20:53 +0000

FOR IMMEDIATE RELEASE

NEW YORK, April 7, 2014 – New York Civil Rights Attorney Eric Sanders, Esq., of ��., announces after a hard fought legal battle, Sergeant Stukes was found ‘NOT GUILTY’ of serious misconduct.

According to Sergeant Stukes’s federal complaint, on September 3, 2009, he was assigned to the 81st Precinct, falsely arrested, accused of perjury and related offenses during an Internal Affairs Bureau ‘Sting’ of Police Officer Tanesha S. Facey. The ‘Sting’ was deemed a ‘failure.’ Police Officer Facey was not arrested or disciplined. Sergeant Stukes was arrested at the Kings County District Attorney’s Office and charged with Offering a False Instrument for Filing 1st Degree, Perjury 2nd Degree, Offering A False Instrument for Filing 2nd Degree, Falsifying Business Records 2nd Degree, Official Misconduct 1st Degree and Perjury 3rd Degree. The criminal charges were ultimately dismissed. Despite the dismissal, the Department charged Sergeant Stukes with serious misconduct violating the ‘Turnover Arrest’ procedure.

During the pendency of the disciplinary charges, Sergeant Stukes filed his federal amended complaint in the United States District Court for the Eastern District of New York. The name of the case is RAYMOND STUKES v. THE CITY OF NEW YORK, ET AL., Docket No.: 13 cv 6166 filed on December 5, 2013.

On January 30, 2014, Assistant Trial Commissioner David S. Weisel recommended Sergeant Stukes be found ‘NOT GUILTY.’
On April 7, 2014, Police Commissioner William J. Bratton adopted Assistant Trial Commissioner David S. Weisel’s recommendation.

“Although we are pleased with the decision, we are not pleased Police Officer Tanesha S. Facey and the Internal Affairs investigators are not being held accountable for their actions causing Sergeant Stukes to face legal problems in the first place.” Eric Sanders says.

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Off-Duty Black Female NYPD Officer Falsely Arrested

Eric Sanders — Thu, 07 Nov 2013 17:16:40 +0000

NEW YORK, November 7, 2013 – Today, Off-Duty Alexis Murray-Medouze, a Black female, accuses her fellow officers of assaulting and falsely arresting her. Ms. Murray-Medouze claims, officers’ assigned to the 73rd Precinct assaulted and falsely arrested her for objecting to their abusive conduct towards her family members and friends because of their race. After objecting to the officers’ abusive conduct and requesting a police supervisor, she was thrown face first onto the ground falsely arrested, held for more than eleven (11) hours inside of the 73rd Precinct then released without being processed. Murray-Medouze was charged with misconduct related to this police interaction. She claims sustaining numerous injuries including a in her right knee that requires surgery.

Eric Sanders, Esq., says “Unfortunately, Officer Murray-Medouze’s experience is not that uncommon. Throughout the history of the NYPD, off-duty and on-duty officers of color particularly Blacks and Hispanics have complained about being assaulted and mistreated by fellow NYPD officers. Although there have been some systemic changes, the changes have not been sufficient to address this serious problem. Despite the cultural belief system within the NYPD, officers’ civil rights are important to protect as well.”

Ms. Murray-Medouze filed her federal complaint in the United States District Court for the Eastern District of New York. The name of the case is ALEXIS S. MURRAY-MEDOUZE v. THE CITY OF NEW YORK, ET AL., Docket No.: 13 cv 6165 filed on November 7, 2013.

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NYPD Sergeant Files Notice to Sue

Eric Sanders — Sat, 08 Jun 2013 16:49:11 +0000

New York Civil Rights Attorney Eric Sanders, Esq., of ��., alleges in a $15 million Notice of Claim filing that the Kings County District Attorney’s Office and the NYPD Internal Affairs Bureau ‘Lack Integrity’
On or about December 4, 2009, Sergeant Raymond Stukes, formerly assigned to the 81st Precinct was placed on ‘Modified Assignment’ by Internal Affairs Bureau Group No.: 52 Lieutenant Sean Donovan (Caucasian Male). Unbeknownst to Sergeant Stukes, he was the subject of a criminal investigation because of an arrest that he verified on or about September 3, 2009. The arrest was made by former Police Officer Hector Tirado (Hispanic Male) of a male undercover (UC No.: I-5015) who was allegedly selling untaxed cigarettes. The arrest was part of an ‘Integrity Test’ performed by the Internal Affairs Bureau. Although Sergeant Stukes verified former Police Officer Tirado’s arrest, he DID NOT supervise the arrest processing at the 81st Precinct. At the time of the arrest processing, Sergeant Stukes was off-duty and NOT supervising former Police Officer Hector Tirado.

In or around February 2010, Sergeant Stukes received an order to report to the Quality Assurance Division at 300 Gold Street Brooklyn, N.Y. During the Department Interview Sergeant Stukes answered questions posed to him by Executive Officer Lieutenant Michael Brill regarding the allegations of corruption reported to the Internal Affairs Bureau by Police Officer Adrian Schoolcraft. Police Officer Schoolcraft made numerous allegations about the intentional downgrading and/or misclassifications of criminal complaint reports filed within the 81st Precinct. At the time, Sergeant Stukes was Police Officer Schoolcraft’s squad sergeant.

On or about June 16, 2010, Kings County Assistant District Attorney Gregory Marshall (African-American Male) presented the ‘alleged’ facts and circumstances of the Internal Affairs Bureau’s investigation to a Grand Jury, which returned a ‘True Bill’ or ‘Indictment’ against Sergeant Stukes.

On or about July 27, 2010, Sergeant Stukes learned from Sergeants Benevolent Association Vice President Robert Ganley and his union attorney that he has been ‘Indicted’ via a ‘Sealed Indictment’ and that the Internal Affairs Bureau was going to arrest him.

On or about July 29, 2010, Sergeant Stukes received a phone call from a reporter at the New York Post that asked his wife if she would like to comment on his impending arrest.

On or about July 30, 2010, before Sergeant Stukes’s arrest, the New York Post already printed and distributed the story of his impending arrest to its readership. It is readily apparent that someone from the Kings County District Attorney’s Office or the Police Department City of New York leaked the ‘Sealed Indictment’ to the New York Post. Later that day, Lieutenant Donovan arrested Sergeant Stukes. Internal Affairs Bureau Chief Charles V. Campisi (Caucasian Male) immediately suspended Sergeant Stukes without pay. Chief Campisi reported Sergeant Stukes’s arrest to Police Commissioner Raymond W. Kelly (Caucasian Male).

Sergeant Stukes was arrested at the Kings County District Attorney’s Office and charged with Offering a False Instrument for Filing 1st Degree, Perjury 2nd Degree, Offering A False Instrument for Filing 2nd Degree, Falsifying Business Records 2nd Degree, Official Misconduct 1st Degree and Perjury 3rd Degree. Sergeant Stukes’s arrest was processed by Internal Affairs Bureau Group No.: 52’S Deputy Inspector Edward R. Armstrong (Caucasian Male) and Lieutenant Donovan. Deputy Inspector Armstrong insisted that Sergeant Stukes does the ‘Perp Walk’ out from the Kings County District Attorney’s Office as well as the Court. When Sergeant Stukes arrived for Arraignment, the Court was full of reporters. Sergeant Stukes’s arrest was a major media event resulting in his image reproduced throughout the World in print, television, radio as well as internet media outlets.

On or about August 31, 2010, Sergeant Stukes was restored from suspension, placed on ‘Modified Assignment’ and reassigned to VIPER No.: 4 in the Bronx.

On or about September 24, 2010, Deputy Inspector Armstrong requested that First Deputy Commissioner Rafael Pineiro (Light Skinned Hispanic Male) prefer Charges and Specifications against Sergeant Stukes. Internal Affairs Bureau Executive Officer Assistant Chief Gary Strebel (Caucasian Male) endorsed the request that mirrored the criminal charges.

Shortly thereafter, Sergeant Stukes received Charges and Specifications from the Department Advocate’s Office.

On or about November 10, 19, 2010, Sergeant Stukes appeared before the Supreme Court of the State of New York, County of Kings and notified the Court that the documents used by the Kings County District Attorney’s Office to secure an ‘Indictment’ against him DID NOT have his signature. The Court previously denied motions to dismiss the indictment for ‘lack of evidence.’

Between Late 2010 through Late Spring 2011, the Court as well as the Kings County District Attorney’s Office began to doubt the authenticity and validity of the evidence against Sergeant Stukes.

Shortly thereafter, Sergeant Stukes hired Access Forensic Group, LLC to perform a handwriting analysis. As soon as the handwriting expert saw the documents in question, he immediately determined that Sergeant Stukes DID NOT sign the documents presented to the Kings County District Attorney’s Office.

On or about July 5, 2011, Sergeant Stukes received the Expert Report written by Access Forensic Group, LLC that confirmed the documents were NOT signed by him. The Expert Report was sent to the Kings County District Attorney’s Office.

The Kings County District Attorney’s Office offered no response.

Shortly thereafter, Sergeant Stukes learned through his attorney that Kings County Assistant District Attorney Andrea Robinson (African-American Female) “knew that he was getting a raw deal but, her supervisors were holding things up.” Sergeant Stukes then provided personal records such as mortgages and bank statements up to ten (10) years for review by the Kings County District Attorney’s Office.

On or about October 11, 2011, the Internal Affairs Bureau searched his Department lockers at the 81st Precinct and VIPER No.: 4. The ‘Administrative Search’ was ordered by Deputy Inspector Armstrong.

On or about November 14, 2011, Sergeant Stukes learned through his attorney that Kings County District Attorney Charles J. Hynes (Caucasian Male) called Sergeant Benevolent Association Vice President Robert Ganley and said “We know that Sergeant Stukes DID NOT sign any of the paperwork. Come down so that we can get this done.”

On or about November 15, 2011, Sergeant Stukes appeared before Supreme Court Justice John P. Walsh (Caucasian Male) and Kings County Assistant District Attorney Robinson requested that the ‘charges be dismissed for lack of evidence.’ There was no apology for ruining Sergeant Stukes’s reputation.

On or about December 7, 2011, Sergeant Stukes through his union attorney made a Motion to Restore him to ‘Full Duty’ to Police Commissioner Kelly.

On or about January 17, 2012, Sergeant Stukes appeared for a Department Interview at the Internal Affairs Bureau 315 Hudson Street New York, N.Y. The interviewers were Internal Affairs Bureau’s Deputy Inspector Armstrong and Lieutenant Donovan. They asked questions about the arrest processing as well as his belief that Police Officer Facey who was present and recorded during the ‘Integrity Test’ lied about observing the undercover selling or attempting to sell cigarettes. After reviewing the video recording with audio, it is obvious that UC No.: I-5015 violated no laws.

Yesterday, approximately forty-two (42) months after Sergeant Stukes was ‘Modified’ the Department finally restored him back to ‘Full Duty’ status.

“It does not take a great leap in logic to understand that in order for Sergeant Stukes to have been indicted, evidence had to be presented during the Grand Jury proceedings attesting that documents and other evidence presented were examined presumably by the Internal Affairs Bureau investigators’ and attributable to him. Unfortunately, the Kings County District Attorney’s Office as well as the Supreme Court of the State of New York participated, condoned or acquiesced to the Internal Affairs Bureau’s gross incompetence at the least; serious misconduct and/or even criminal conduct at the worst. To this date, no one is accountable for this gross injustice. Sergeant Stukes’s Civil Rights meant nothing” Eric Sanders says.

Eric Sanders, Esq., of ��., filed Notice of Claim with the New York City’s Comptroller’s Office on March 29, 2013.

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