NYC sued for civil rights violations after alleged assault by HRA officers


Attorney Evan Brustein of Brustein Law PLLC | Brustein Law PLLC

Two New York residents have filed a lawsuit against the City of New York, Officer Smith, Robert Morales, and unidentified individuals referred to as John Doe and Jane Doe, alleging serious misconduct and violations of their civil rights.

According to the lawsuit filed by plaintiffs Amanda Schneider and Michael Torres, on February 5, 2024, Schneider visited the Human Resources Administration (HRA) building in Staten Island to address issues with her food stamps and Medicaid services. Accompanied by Michael Torres, who drove her there, Schneider entered the building shortly before closing time. According to the complaint, Officer Smith forcibly removed Schneider from the line and escorted her out of the building before slamming a door on her foot, causing injuries.

Michael Torres witnessed these events from his car and approached Officer Smith to demand her badge number. The situation escalated when Robert Morales allegedly joined Smith in hurling obscenities at Torres. As tensions rose, Morales is accused of physically assaulting Torres by punching him and slamming him into the pavement. This alleged attack resulted in severe injuries for Torres, including loss of consciousness and memory, hearing issues, vertigo, facial drooping, as well as emotional distress.

The plaintiffs argue that these actions were unprovoked and constitute false arrest and excessive force under federal law (42 U.S.C. § 1983). They further allege that other employees present failed to intervene during these incidents. In addition to claims against individual defendants for excessive force and battery, Schneider and Torres accuse the City of New York of negligent hiring practices concerning its HRA employees.

Schneider and Torres are seeking compensatory damages for their physical injuries—such as an injured leg and toe—and emotional suffering like anxiety and mental anguish. They also seek punitive damages against those involved in their alleged mistreatment. 

The plaintiffs are represented by attorney Evan Brustein of Brustein Law PLLC and Ilya Novofastovsky of Novo Law Firm P.C. The case was filed in the United States District Court for the Eastern District of New York under Case ID: 25-CV-1296.

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