A family in Nassau County, New York, is at the center of a legal dispute involving allegations of false arrest and malicious prosecution.
Plaintiffs Brenda Arriaza and Henry Arriaza have filed a complaint against several defendants, including the County of Nassau, the Nassau County Police Department, Officer Kyle W. Finn, Charles Campagne Elementary School, and Principal Erin Lindsay DiFiglia.
The case arises from an incident on October 4, 2022, when school employees reported possible child abuse to Child Protective Services (CPS) after M.A., one of Brenda Arriaza’s children, allegedly said his mother hit him with a belt “fifty times,” and scratches were observed on another child, B.A. According to the complaint, further review by the school nurse found the allegations unsubstantiated, and B.A. reportedly stated that she had scratched herself accidentally. Despite this, the school contacted CPS and later involved law enforcement.
The complaint states that CPS advised it was up to school officials whether to release the children to their parents at the end of the day. Principal DiFiglia, however, chose to involve police. The filing alleges that this decision led to the arrest of Brenda Arriaza at Charles Campagne Elementary School without probable cause. She was reportedly handcuffed in front of her infant and detained overnight along with her husband, Henry Arriaza.
The plaintiffs claim that their constitutional rights under the Fourth and Fourteenth Amendments were violated through false arrest, unlawful seizure, excessive force, unreasonable search and seizure, malicious prosecution, and violations of substantive due process. They also allege negligent infliction of emotional distress on behalf of their minor children.
Brenda and Henry Arriaza are seeking compensatory damages for injuries they claim to have suffered and punitive damages against the individual defendants in their personal capacities. They are also requesting attorneys’ fees under 42 U.S.C. § 1988, as well as pre- and post-judgment interest.
The plaintiffs are represented by attorney David Gray of Brill Legal Group, P.C. The case was filed in the United States District Court for the Eastern District of New York under Case ID 2:25-cv-05461.