Plaintiff Alleges Retaliation by City Inspectors Over Political Activities


U.S. District Court for the Eastern District of New York | Official Website

The recent court filing unveils a contentious legal battle between a resident of Kings County, New York, and the City of New York, highlighting issues of alleged unlawful search and political retaliation. On January 30, 2026, Vito J. LaBella filed a complaint in the United States District Court for the Eastern District of New York against the City of New York and Christian Pena, a Department of Buildings inspector.

Vito J. LaBella, who has been actively involved in local politics, claims that his constitutional rights were violated through retaliatory actions linked to his political activities. The lawsuit details events beginning in April 2022 when LaBella declared his candidacy for the New York State Senate. Shortly thereafter, an anonymous complaint led to an inspection by the Department of Buildings at his property. Despite no violations being initially found, further complaints followed closely after political disputes involving LaBella and his opponents. Notably, on October 3, 2022, Inspector Christian Pena allegedly entered LaBella's fenced yard without consent or a warrant and took photographs—actions that LaBella argues were unconstitutional.

LaBella's lawsuit accuses the defendants of First Amendment retaliation by using building inspections as a tool to deter his political participation. He also claims Fourth Amendment violations due to unreasonable searches conducted without warrants or consent. Additionally, he alleges procedural due process violations under the Fourteenth Amendment because evidence used against him was unsworn and unauthenticated.

In seeking justice from the court, LaBella demands compensatory damages for emotional distress and reputational harm alongside punitive damages against Pena for unauthorized entries onto his property. He also seeks declaratory relief affirming that his constitutional rights were breached and injunctive relief mandating policy changes within city departments to prevent future similar incidents.

Representing himself pro se in this legal pursuit is Vito J. LaBella. The case is overseen by Judge OEM-PCG under Case ID 1:26-cv-00530-OEM-PCG.

Source: 126cv00530_Labella_v_The_City_of_New_York_Complaint_Eastern_District_New_York.pdf

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