A New York man has filed a lawsuit alleging wrongful arrest and malicious prosecution by the New York City Police Department.
Plaintiff Darren Joseph brought the complaint against the City of New York, Detective Salvatore Rizzo, and several unidentified officers, accusing them of civil rights violations related to an incident in September 2022. According to the complaint, Joseph was at his workplace—a barbershop located at 1826 Nostrand Avenue in Kings County—on September 27, 2022, when he was arrested by Detective Rizzo and other NYPD officers. The complaint states that no illegal items were found on Joseph or within the barbershop. Despite this, he was handcuffed, taken to a local police station, and later transferred to Kings County Central Booking. Rizzo allegedly filed charges claiming that Joseph possessed gambling records and devices, which were later determined to be unfounded.
The complaint further alleges that the false charges led to criminal proceedings under Docket CR-027826-22KN for violations of New York Penal Law §§ 225.15 and 225.30, related to gambling offenses. Joseph also received two summonses for alleged violations of New York General Business Law while in custody. The gambling-related charges were dismissed in November 2022, and the business law violations were dismissed in July 2023.
The lawsuit claims that Joseph’s arrest lacked probable cause and violated his constitutional rights under the Fourth, Sixth, and Fourteenth Amendments. It further alleges that Rizzo knowingly provided false information to prosecutors to justify the arrest and prosecution.
Joseph seeks compensatory and punitive damages for emotional distress, mental anguish, lost earnings, and loss of liberty. The complaint also seeks damages from the City of New York under §8-803 of the New York City Administrative Code.
The plaintiff is represented by attorney Michael Lumer of 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-05434.