In recent news from Jan. 28, it was reported that a man decided to sue the city and the New Rochelle Police Departments for his wrongful arrest. He claims that he was taken into custody in January 2018 when the police received an anonymous call stating that he’d violated an order of protection by being at the address.
The order of protection mandated he stay away from a woman who was later called for verification. She told police that she did not live at the residence and was living in Connecticut, so the man had not violated the order. They contacted her attorney who told them the same.
Despite this, the man was arrested and taken to jail. He was charged with second-degree criminal contempt, though these charges were dropped in April 2018.
His attorney is now helping him with a lawsuit that states that the police should have done more investigating and research before arresting him. Their facts were inaccurate, and that led to a wrongful arrest.
This new lawsuit is seeking $250,000 to $1,000,000 for each infraction including false imprisonment, false arrest, vicarious liability and the violation of the man’s constitutional rights.
This is not the first time this man has faced a false arrest; He was previously arrested in 2014 after filming the police as they exercised a search warrant. He was arrested by the officer who later received convictions including felonies and misdemeanors for official misconduct, offering a false instrument for lying and other offenses.
Cases like this show why it’s important to understand your legal rights. No officer has a right to arrest you without cause, and you can fight back.