Named in 5 known lawsuits, $108,000 total settlements.
Ferguson, Yaye vs City of Ny, et al.
Case # 22CV04846,
U.S. District Court - Southern District NY, August 30, 2022, ended March 22, 2024
$65,000 Settlement
Complaint
Description: On June 10, 2019, plaintiff was tackled by Police Officers Mitchell, Alfano, and John Doe #1 and handcuffed, which resulted in plaintiff sustaining a fractured right ankle that required surgery in front of a CVS pharmacy. It is alleged that POs Mitchell, Alfano and John Doe #1 handcuff plaintiff tightly, so much so that plaintiff thought his right hand was broken, and he continues to experience pain in that wrist. Plaintiff was held for over 24 hours and subsequently released after being arraigned. During that time, plaintiff was only given a pack of ice for his fractured ankle. Plaintiff had all charges dismissed (Petit Larceny, Resisting Arrect, and other related charges). Plaintiff alleges he was arrested by...
Conner, Michael vs City of New York, et al.
Case # 17CV03743,
U.S. District Court - Southern District NY, August 31, 2017, ended October 2, 2018
$500 Settlement
Complaint
Description: Plaintiff was arrested and charged for criminal possession of a weapon in the third degree by one defendant, officer Cuervo on August 16, 2015. The plaintiff was later acquitted on this charge. On February 28, 2016, the plaintiff was arrested for grand larceny in the fourth degree by one defendant, officer Soto. There were contradictions in Soto's statement in the felony complaint and his testimony to the grand jury. The plaintiff was convinced on this charge.
Baynes, Marlon vs City of New York, et al.
Case # 152080/2015,
Supreme Court - New York, March 6, 2015, ended September 18, 2015
$18,000 Settlement
Complaint
Description: On or about March 2, 2012, plaintiff was lawfully in the vicinity of West 4th Street and Cornelia Street, in New York County. Without any probable cause to do so, defendant NYPD officers came up to the plaintiff and detained him. He was subjected to an unlawful search and seizure and had excessively tight handcuffs placed on his wrists. The plaintiff was then transported to the 6th Precinct and the defendants gave false information to prosecutors.
Sara, James vs City of New York, et al.
Case # 151137/2014,
Supreme Court - New York, March 18, 2014, ended August 18, 2015
$17,500 Settlement
Complaint
Description: On November 10, 2012 at approximately 2:05 a.m. Plaintiff was walking with friends when he was approached by a man they had never met before, Thomas Scott. Mr. Scott asked the ground if they "needed" anything and proffered a small baggie. Plaintiff became uneasy, told Mr. Scott he was not interested, and walked away with his friends, at no point touching Mr. Scott or any of the offered items. Immediately after Plaintiff was approached by a person in plain clothes later identified to be PO Carmen Benavides, who did not identify herself but ordered Plaintiff to freeze and produced a pair of handcuffs. POs Michael Alfano and Joseph Cuervo joined PO Benavides in arresting and handcuffing Plaintiff. Plaintiff was il...
Scott, Thomas vs City of New York, et al.
Case # 151101/2014,
Supreme Court - New York, February 11, 2014, ended December 21, 2015
$7,000 Settlement
Complaint
Description: On November 10, 2012, Plaintiff was forcibly arrested and detained without probable cause by NYPD Officers Joseph Cuervo, Carmen Benavides, Michael Alfano, and other unidentified officers from the 6th Precinct. The officers seized, detained, and arrested Scott despite the absence of a warrant or any legal justification. Scott was then charged with offenses, despite there being no probable cause to believe he had committed any crime. He remained incarcerated from November 10 through November 21, 2012, until the charges were dismissed.
On July 20, 2013, Scott was again arrested without cause near Washington Square Park by NYPD Officers Andrew Smith, an unidentified officer believed to be "John" Susana, and thre...