A lawsuit has been filed against several members of the New York City Police Department, accusing them of false arrest and malicious prosecution.
The lawsuit was filed by plaintiffs Lance Aponte and Roshard McGowan and names Frank Mallimo, Kevin Richards, Justin Walker, Nicholas Letini, and Ibrahim Adam as defendants. The plaintiffs allege that on May 1, 2024, they were wrongfully arrested while lawfully present at an apartment in Brooklyn during a police raid. They claim that despite no narcotics being found on their persons or in any area accessible to them, they were falsely accused of possessing drugs based on fabricated evidence presented by the defendants.
According to the complaint, officers from the NYPD's Emergency Services Unit executed a search warrant at 129 Patchen Avenue and seized all individuals present without lawful basis. Defendants Richards and Adam allegedly discovered drugs in a bedroom where neither plaintiff was found. The plaintiffs argue that these findings were used to unjustly prosecute them under charges of Criminal Possession of a Controlled Substance.
The plaintiffs further assert that the defendants conspired to violate their rights by fabricating evidence and misleading prosecutors from the Kings County District Attorney’s office (KCDA). They claim this led to their wrongful imprisonment and prosecution until charges were dismissed on July 31, 2024. The complaint highlights violations under 42 U.S.C. §1983 for false arrest and malicious prosecution, asserting that there was no probable cause for their arrest or subsequent legal actions.
Aponte and McGowan demand compensatory and punitive damages. They are also seeking actual damages from the City of New York along with statutory attorney’s fees. Additionally, they request a court order restraining further unlawful conduct by the defendants under New York City Administrative Code §8-802.
The plaintiffs are represented by attorney Michael Lumer from Lumer Law Group. The case was filed in the United States District Court for the Eastern District of New York under Case ID: 1:25-cv-02277.