False Arrest - The Law Office of Matthew Galluzzo, PLLC

CIVIL RIGHTS LAWYERS DISCUSS THE FATAL SHOOTING OF AKAI GURLEY

The Law Office of Matthew Galluzzo, PLLC Team — Fri, 21 Nov 2014 16:51:00 GMT

Last night a rookie police officer shot and killed a 28 year old unarmed man named Akai Gurley as he was walking down a staircase in East New York’s Pink Houses. New York City Police Commissioner Bratton described the police shooting as “unintentional, ” and the result of an ‘”accidental discharge.” Whether or not this is actually the case remains to be seen; as we’ve seen first-hand in the cases of our victims of excessive force and police brutality, the New York City Police Department is usually quick to cover themselves with self-serving statements.

According to Mr. Gurley’s girlfriend, Melissa Butler, Mr. Gurley did absolutely nothing wrong and was merely walking down the stairs when the rookie cop gunned him down. Why the officer felt the need to even unholster his firearm is unknown.

Mr. Gurley’s estate will undoubtedly have a compelling civil lawsuit against the officer and the City of New York for the violation of the innocent man’s constitutional rights, as well as claims for wrongful death and quite possibly negligent training. A police officer CANNOT use deadly force unless the officer has probable cause to believe that a suspect poses a significant threat of death or serious physical injury to the officer or others. In this instance, Mr. Gurley appeared to have been violating no law whatsoever, and the police officer who shot him is going to be hard-pressed to demonstrate that he posed a threat to his or anyone’s safety.

Aside from the civil ramifications of this case, it is unknown whether a criminal investigation will ensue, although if history is any indication, no charges will brought against this officer.

If you or a loved one know someone who has been the victim of police brutality, you should contact an experienced civil rights attorney at once to ensure that your rights are protected and you are justly compensation for any and all injuries unjustifiably suffered.

G&A settles federal civil rights lawsuit for doctor and his wife

The Law Office of Matthew Galluzzo, PLLC Team — Wed, 18 Dec 2013 16:49:00 GMT

The Law Office of Matthew Galluzzo recently settled the federal civil rights lawsuit of a foreign doctor and his wife who were wrongfully arrested at a restaurant in New York City for allegedly assaulting a police officer. MG represented them both in the criminal case and were able to obtain dismissals of all charges by presenting numerous sworn eyewitness statements to the prosecutor, who agreed to the dismissals. MG then filed a federal civil rights lawsuit for wrongful arrest on their behalf, and the matter recently settled for a significant amount of money.

False Arrest Claims and ACD’s (Adjournments in Contemplation of Dismissal).

The Law Office of Matthew Galluzzo, PLLC Team — Wed, 17 Apr 2013 21:26:00 GMT

Generally speaking, an offer of an Adjournment in Contemplation of Dismissal (“ACD”) to resolve criminal charges is usually an attractive plea bargain offer to a criminal defendant. After all, pursuant to New York CPL 160.50, individuals receiving ACD’s usually have their cases dismissed and sealed and deemed nullities after six months (or one year in marijuana cases). However, acceptance of an ACD can have negative consequences concerning possible civil lawsuits for wrongful arrests.

As explained in one recent case in federal court, Freedman v. Monticello Police Department, 2003 WL13571 (S.D.N.Y. 2003) (Buchwald, J.), acceptance of an ACD precludes a civil action against police officers (or the municipality that employs them) for malicious prosecution. The reason for this is that an element of the tort of malicious prosecution is a “termination in favor of the accused,” and although an ACD is not an admission of guilt or a conviction, it is not considered to be a “termination in favor of the accused,” either.

That being said, that case also explained that an ACD does not preclude a plaintiff from succeeding on a false arrest claim, as that tort does not require a “termination in favor of the accused” as an element. So, the bottom line is that acceptance of an ACD can have some negative impact on the potential recovery in a lawsuit, but it is not fatal to the possibility of successfully recovering damages.

If you or a loved one believe that you were wrongfully arrested and are interested in pursuing a civil rights lawsuit, you should strongly consider contacting an experienced criminal defense and civil rights attorney immediately.