A woman has filed a lawsuit against a Nassau County judge, alleging judicial misconduct and constitutional violations that she claims derailed her partner’s legal case and upended their lives.
The complaint filed by plaintiff Rafaela Malave accuses Nassau County Judge Robert Allan Schwartz of unethical treatment towards Malave's significant other, Jason Thomas Coleman, leading to a series of legal complications and personal distress. According to the complaint, on July 3, 2022, Coleman was coerced into delivering methamphetamine to Queens, NY. Upon arrival in Nassau County via Uber, he was unexpectedly arrested without being informed of the charges or given a phone call for nearly two weeks. The situation escalated as Coleman's case proceeded under felony charges for possession of narcotics exceeding any amount he had ever handled. Initially presided over by Judge Meryl Berkawitz, the case was transferred to Judge Schwartz. According to Malave's complaint, the proceedings became increasingly irregular with multiple cases created against Coleman and bench warrants issued prematurely and unjustly.
Malave claims that Coleman's attempts to defend himself were thwarted by denied motions and unethical issuance of warrants. She highlights that despite Coleman's right to a speedy trial and self-representation, his case lingered unresolved for over a year and a half. The stress intensified when law enforcement invaded Malave's apartment in October 2023 without evidence or warrant documentation connecting Coleman to her residence.
Malave’s complaint claims violations of Fourth Amendment rights due to this unwarranted search initiated by Judge Schwartz. Her previous attempt at legal recourse through the district court was dismissed on jurisdictional grounds despite residing within the Eastern District. In November 2023, Malave sought documentation regarding Coleman's case but received only minimal information about an outstanding warrant issued just before her apartment was searched.
Malave argues that the accusations against Coleman are based on "hearsay" and "lies," seeking justice so they can start anew without fear of further legal entanglements. Her lawsuit does not specify monetary compensation but seeks ethical investigation into Judge Schwartz’s conduct and rectification of alleged judicial wrongdoings affecting Coleman’s life profoundly.
The plaintiff is representing herself in this case. The case was filed in the United States District Court for the Eastern District of New York under Case No. 1:25-cv-02168-EK-MMH.