A New York resident has filed a civil rights lawsuit against the City of New York and the New York City Police Department (NYPD), alleging malicious prosecution and fabricated evidence that led to his wrongful conviction. Heriberto Laguere, through his attorney Rudy Velez, Esq., filed the complaint in the United States District Court for the Eastern District of New York on August 30, 2024, naming the City of New York, NYPD, and former police officer Jason Arbeeny as defendants.
According to court documents, Laguere was arrested by Officer Jason Arbeeny on December 16, 2006, in Kings County, New York. Arbeeny claimed that Laguere participated in a sale of controlled substances with another individual named Gregory Barnes. The charges were based on Arbeeny's sworn statement that he observed Laguere handing over three glassine envelopes containing heroin. However, these allegations were entirely fabricated according to Laguere's complaint. It wasn't until October 12, 2022, that Laguere’s conviction was vacated and his indictment dismissed with prejudice by the Supreme Court of New York.
The plaintiff alleges that his wrongful arrest and subsequent conviction were part of a broader pattern of misconduct by Officer Arbeeny and other members of the Brooklyn South Narcotics Division. Arbeeny was later convicted for official misconduct related to planting drugs on individuals in 2007. The complaint references multiple instances where Arbeeny fabricated evidence against other individuals while working alongside another corrupt officer, Sean Johnstone.
Laguere's lawsuit claims violations under the Civil Rights Act of 1871 (42 U.S.C. §1983) and asserts that his Fourth and Fourteenth Amendment rights were violated due to malicious prosecution and fabricated evidence. The plaintiff seeks compensatory damages for loss of liberty during his two-year incarceration and additional two years under supervised release. He also endured physical assaults while in state prison, resulting in severe emotional distress.
The complaint further accuses the City of New York and NYPD of gross negligence in failing to properly select, train, supervise, promote, and discipline their officers. This systemic failure allegedly created an environment where unconstitutional conduct was tolerated or even encouraged. According to a November 17, 2022 article from The New York Times cited in the complaint, numerous convictions relying on testimonies from discredited officers like Arbeeny have been vacated across various boroughs in New York City.
In addition to seeking monetary compensation for damages suffered due to false imprisonment and emotional trauma, Laguere is asking for attorney’s fees and any other relief deemed just by the court.
Representing Laguere is Rudy Velez. Case ID: 1:24-cv-06095.