James K. Cleary

Lawsuits

Named in 4 known lawsuits, $18,500 total settlements.

Peralta, Aneury vs City of New York, et al.
Case # 155296/2018, Supreme Court - New York, May 3, 2019, ended September 4, 2019
Zero Disposition
Complaint
Description: On July 7, 2015, plaintiff was driving with his sister on the passenger seat when they were pulled over by defendant police officers in plainclothes. The defendants gave conflicting instructions about whether plaintiff was free to go and were verbally belligerent. After initially proceeding, plaintiff pulled into a parking spot and was suddenly grabbed by the same police officers who falsely arrested him. They shoved him to the ground, hit him with wooden sticks and punched him. Plaintiff was then taken to the precinct and processed before being brought to hospital for the injuries he sustained. Plaintiff was subsequently falsely charged with assault, obstruction and resisting arrest.

Daniels, Deshawn vs City of New York, et al.
Case # 18CV03717, U.S. District Court - Southern District NY, May 11, 2018
Complaint
Description: On or about March 8, 2015 Plaintiff, a black man, was driving a black Mercedes and was pulled over in an unmarked police car without probable cause alleging that Plaintiff had made an illegal turn when he had not. Plaintiff had previously been stopped by police years before when they falsely accused him of being in the park after midnight. On that night, Police slammed Plaintiff to the ground and smashed his hand with a boot. Plaintiff has a lasting injury known as "mallet finger" that makes his right pinky droop and cause sharp pain. The injury required at least 15 doctor visits. When Officer stopped Plaintiff in 2015, they saw the previous arrest and searched Plaintiff's car without his consent. Despite not f...

Daniels, Deshawn vs City of New York, et al.
Case # 18CV01737, U.S. District Court - Southern District CA, May 11, 2018
Complaint
Description: On March 18, 2015, the plaintiff was pulled over for allegedly making an illegal left turn and asked to step out of his vehicle. Officers searched the plaintiff, revealing a butterfly knife, and his car without consent. Officers took plaintiff to the precinct and conducted a strip search before placing him in a cell for two or three hours. Officers returned and forced plaintiff to strip in front of the other people in the holding cell. Officers placed the plaintiff in handcuffs, held him on a table, and attempted to conduct an anal cavity check. Plaintiff refused and was slammed on the table and struck. The officers did not return all of plaintiff's property upon release and falsified a charge that he was i...

Banner, Lamont vs City of New York, et al.
Case # 022438/2018E, Supreme Court - Bronx, April 19, 2018, ended May 9, 2019
$18,500 Settlement
Complaint
Description: On or about February 10, 2016 at approximately 5:30 pm near 267 W. 152 St, Plaintiff was in his legally parked car when Defendant police officers James Cleary and John Doe handcuffed, arrested and later transported Plaintiff to the 32nd precinct. Plaintiff did not possess anything of an illegal nature nor did Plaintiff engage in any unlawful or illegal behavior. At the precinct, Plaintiff was held in a holding cell for several hours before he was given a Desk Appearance Ticket to appear in New York County Criminal Court, and from then until October 7, 2016, Plaintiff made several court appearances until the matter was ultimately dismissed.