A case of alleged police misconduct has emerged in Nassau County, New York in a civil lawsuit filed by Antonio Ayala against the County of Nassau and several officers from the Nassau County Police Department (NCPD), including Officers Michael T. McIntyren, Sgt. Johnson, Officer Tedeschi, and unnamed John/Jane Does #1-10. The complaint was filed on September 23, 2024, in the United States District Court for the Eastern District of New York.
According to the complaint filed by Ayala's attorneys at Horn Wright, LLP, Ayala alleges that he was subjected to excessive force and unlawful search by NCPD officers on December 21, 2023. The incident occurred near North Broadway Mall in Hicksville, New York, with claims that Officer McIntyren approached Ayala aggressively without any reasonable cause, demanded identification, and immediately handcuffed him.
"Without any lawful basis," McIntyren allegedly assaulted Ayala. As this transpired, other officers—Sgt. Johnson, Officer Tedeschi, and unnamed John/Jane Does—arrived at the scene but instead of intervening to stop the assault, they allegedly joined in.
Ayala asserts that he did not display any weapons or make any threats during the encounter. Despite his protests against what he describes as unlawful conduct by the officers, they continued their aggressive actions which included throwing him against a vehicle and forcibly cuffing him. He was subsequently taken to a police precinct for processing and detained overnight until his arraignment the next day.
The plaintiff alleges that these actions violated his Fourth and Fourteenth Amendment rights under the U.S. Constitution as well as various state laws. He further claims that false charges were brought against him—including Obstructing Governmental Administration in the Second Degree and Resisting Arrest—most of which were later dismissed or reduced.
Ayala is seeking compensatory and punitive damages amounting to at least $1 million per count for each of his eight claims: excessive force under 42 U.S.C § 1983; failure to intervene; abuse of process; Monell claim against Nassau County for failing to train its officers properly; assault and battery; negligence; negligent hiring, supervision, and retention; and respondeat superior liability for actions within employment scope.
The legal team representing Ayala includes Pablo A. Fernandez from Horn Wright LLP based in Garden City Plaza. Case ID: 2:24-cv-06688.