Staten Island woman sues NYPD and city for alleged false arrest and excessive force


Judge Nicholas Garaufis of the U.S. District Court for the Eastern District of New York | US Senate Judiciary Committee (Wikipedia Commons)

A Staten Island resident has filed a lawsuit against the City of New York and unnamed NYPD officers, alleging civil rights violations stemming from an incident in May 2024.

According to the complaint, plaintiff Davina Thompson was on her front porch at 137 Winter Avenue in Staten Island on May 8, 2024, when an altercation occurred among several women nearby. NYPD officers arrived at the scene and allegedly arrested Thompson despite her non-involvement. She claims she was forcibly taken to the ground, during which she suffered an asthma attack due to officers leaning on her. Thompson was then handcuffed and transported to the 120th Precinct.

While in custody, Thompson alleges she requested medical attention but was threatened with prolonged detention if she insisted on receiving it. She was held for over an hour and processed for arrest under disorderly conduct charges, which the complaint states were made without probable cause or legal justification. She was later released with an appearance ticket. Her family subsequently took her to a hospital for treatment of injuries allegedly sustained during the arrest.

The complaint states that Thompson faced court proceedings until the charges were dismissed on July 16, 2024. She alleges that the incident caused emotional distress, physical pain, reputational harm, and violations of her constitutional rights under both federal and state law.

The lawsuit seeks compensatory and punitive damages under 42 U.S.C. § 1983 for alleged violations of Thompson’s First, Fourth, and Fourteenth Amendment rights, including claims of excessive force and false arrest by NYPD officers acting under color of state law. She also asserts state law claims for false imprisonment and malicious prosecution against the individual officers and vicariously against the City of New York.

The plaintiff is represented by attorney Aaron M. Rubin. The case was filed in the United States District Court for the Eastern District of New York.

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