Our client, TK, was wrongly arrested and prosecuted for a narcotics offense he had no involvement in. The criminal prosecution was eventually dismissed for what is commonly called a speedy trial violation, which means that prosecutors were unable to proceed with his case in a timely way. TK then filed suit. In April 2020, a federal district judge dismissed his claims against the arresting officers for malicious prosecution and the denial of his right to a fair trial, which is the formal name of a claim where police officers lie to prosecutors. Michael Lumer appealed the case for TK.
Earlier today the United States Court of Appeals for the Second Circuit reversed the dismissal of the wrongful prosecution claims and sent the case back to the district court, where it is now ready for trial.
News & Updates
Firm COVID-19 Update
To our clients, friends, and colleagues, while we had to close our physical office due to the COVID-19 emergency measures in effect, please be assured that we are open and working remotely. You can still contact us at 212-566-5060 or by email. If you are having trouble reaching someone, leave a voicemail, with the best numbers and times to contact you, and we will return your call.
We understand that these are difficult times and you may have questions about how this emergency is impacting your case or how you should proceed at this time. We urge you to stay in contact with us, and be assured that we will keep you informed as we go along. You can always check back here or our Facebook page for further updates. Stay healthy!
Trial Verdict for False Arrest and Malicious Prosecution
We are pleased to announce that our client TM recently obtained a jury verdict following atrial in federal court in Manhattan in December 2019, leading to a final award of $260,000. The defendant officers, including detectives Jeremy Ramos and Shelby Jones, claimed they personally witnessed TM participate in a drug sale, and they and members of their narcotics team, wrongly arrested plaintiff and caused him to be criminally prosecuted. He was later acquitted at his criminal trial.
These criminal charges were fundamentally false, as plaintiff was not present at, and had no involvement in, the drug transaction, as the officers fully understood. We then helped TM sue the officers responsible. The jury in the civil case agreed with plaintiff, finding specifically that he was not involved in the drug sale, and that he was wrongly arrested, maliciously prosecuted, and denied his right to a fair trial. The jury awarded TM $40,000 in compensatory damages, and an additional $30,000 in punitive damages, which were assessed against detectives Ramos and Jones.
In January 2020, the City of New York agreed to pay plaintiff $85,000 (which is $15,000 more than what the jury had originally awarded him), as well as $175,000 more to cover his legal fees and costs to fully resolve the action.
$120k Trial Verdict
LLG just obtained a substantial verdict for our client, TH, following a jury trial in a Brooklyn federal court on TH’s civil rights claims. TH was wrongly arrested during a search warrant execution on Valentine’s Day in 2015. He was jailed for five days and then brought to court, where prosecutors promptly dismissed all charged.
The arresting detective, Essence Jackson, provided a fundamentally falsified version of events to prosecutors to justify TH’s arrest. The jury rejected Jackson’s trial testimony, which was directly contradicted by his own partner, and, on October 30, awarded plaintiff $90k in compensatory damages for his false arrest and denial of fair trial claims, as well as $30k in punitive damages against Detective Jackson. The defendant is also liable for all of TH’s legal fees, the amount of which will be determined by the court.
Michael Lumer was co-counsel for TH at trial with Robert Marinelli, Esq.
$200,000 Settlement in Shooting Case
In July 2015, NYPD Sgt. Joseph Alohan attempted to apprehend our unarmed client, AW, for stealing rims from a parked car. When AW fled, Alohan decided to shoot him. The bullet went through the AW’s forearm as he was running away from Alohan, who later falsely claimed that AW had charged at him with a knife. A jury flatly rejected that claim. Earlier this month LLG settled AW’s excessive force case against Alohan and the City of New York for $200,000.