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False Arrests for Trespass

The Law Office of Matthew Galluzzo, PLLC Team

Today, a federal judge in Manhattan handed down an important ruling by declaring unconstitutional the NYPD’s “Trespass Affidavit Program” for private residential buildings in New York City. This program was also referred to by the Department as “Operation Clean Halls”. The judge declared that the program and the Department’s policy and lax training essentially caused police officers to stop and frisk people entering, leaving, and walking the halls of private residential buildings without any cause to do so. Indeed, the NYCLU, who spear-headed the case, managed to successfully demonstrate that the Department had been systematically searching persons without any suspicion of illegal activity and sometimes even arresting wholly innocent individuals solely because they were inside of or around buildings that voluntarily participated in the program.

Hopefully, this decision leads to further curtailing of unconstitutional stop-and-frisk policies enacted by the NYPD, either through voluntary changes by the NYPD or further court decisions on the constitutionality of similar policies.

Interestingly, this decision may make it easier for people to succeed and win solid settlements in lawsuits against the City stemming from false trespass arrests. The Bronx District Attorney’s Office, for example, recently changed its policy on the prosecution of these matters, and as a result, a large number of people falsely arrested recently for “trespassing” have had their cases “DP’d”, or dismissed as a result of the District Attorney’s Office decision to “decline prosecution”. What many of these individuals that were released by the prosecutor might not realize is that they can win significant settlements for these false arrests, depending upon the length of time that they were unconstitutionally held against their will by the police.

If you or a loved one have been falsely arrested for allegedly trespassing, you should strongly consider pursuing a lawsuit with the assistance of an experienced civil rights attorney. Contact one today for a free initial consultation to see whether you might be entitled to a cash settlement from the City.

Client Reviews

I found myself in such a dark place thinking only God could understand and help me through this horrible situation. But Matthew Galluzzo did. And he did so in a very kind, compassionate and respectful manner. Enough said.


Matthew Galluzzo saved the day when the unthinkable happened. Every phone call was returned within minutes. All email correspondences were replied to expeditiously. Matt handled our case as if it was a member of his own family in the courtroom. Despite all the obstacles along the way, Matt's legal...


In less than an hour of assessing my case, Mr. Galluzzo had a clear direction and evoked a confident demeanor that was infectious. During the course of several court appearances he was always prepared, and took more than a personal interest when errors in court procedure occurred. Mr. Galluzzo...


We hired Matt when my son was arrested on several very serious felony charges. Matt is not only very knowledgeable about the law, he genuinely cares about his clients. He was patient and professional, inside the courtroom and out, in what turned out to be a very long process. He worked closely with...


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