A Brooklyn resident has filed a lawsuit against the City of New York, the New York City Police Department (NYPD), Deputy Inspector Thomas P. Smith, and an unnamed officer referred to as Officer John Doe, alleging that her vehicle was unlawfully seized and retained without due process.
The complaint filed by plaintiff Leniece Bruney details how her vehicle was taken from outside her residence on December 13, 2023, after she had loaned it to a friend who returned it without incident. The police later seized the car, alleging it was involved in a hit-and-run incident. Despite Bruney's demands for its return, Officer John Doe allegedly refused to release the vehicle unless she identified who was driving it during the alleged incident. The plaintiff argues that this demand violates her constitutional rights under both the Fourth and Fourteenth Amendments, which protect against unreasonable seizures and deprivation of property without due process.
Bruney's lawsuit highlights significant accusations against law enforcement practices. She contends that her vehicle is being used as leverage to extract information about an alleged suspect in violation of her rights. "Even if I knew who drove my car," she states in her complaint, "it's unconstitutional to withhold my property to force me into action." The case references Krimstock v. Kelly, emphasizing that municipalities must provide prompt notice and a retention hearing before depriving someone of their property.
Bruney is seeking redress under 42 U.S.C. §1983 and related statutes. She is requesting declaratory judgment and injunctive relief alongside compensatory damages amounting to $100,000 for loss of use and potential damages incurred while her vehicle remains impounded. Additionally, she seeks punitive damages against Smith and Doe individually for their roles in perpetuating these alleged constitutional breaches.
The plaintiff is represented by attorney Andrew J. Campanelli of Campanelli & Associates P.C. The case was filed in the United States District Court for the Southern District of New York under Case ID 1:25-cv-01762-AMD-VMS and is presided over by Judge Ann M. Donnelly.