A Queens resident alleges that he was unlawfully stopped, searched, and arrested by police officers while riding as a backseat passenger in a vehicle in Kings County, resulting in significant personal and professional consequences. The complaint was filed by Elijah Figueroa on April 14, 2026, in the United States District Court for the Eastern District of New York against the City of New York and three members of the New York City Police Department: Officer Jason G. Schreckenstein, Officer Jeffrey Rosa, and Sergeant Andrzej Babiuch.
According to the verified complaint submitted by Figueroa’s attorneys at Kaishian & Mortazavi LLC, the incident occurred on April 14, 2023. Figueroa states that he was a backseat passenger in a lawfully operated vehicle when it was stopped by officers assigned to the NYPD's 71st Precinct Neighborhood Safety Team. The filing claims that there was no warrant for Figueroa’s arrest, no probable cause for any search or seizure, and no criminal matters pending against him at the time.
The complaint outlines that after being ordered out of the vehicle along with other occupants, Figueroa attempted to record the encounter on his cellphone. Sergeant Babiuch allegedly directed all occupants not to record police activity during the stop. Figueroa asserts that he complied with this instruction but contends that this directive violated his First Amendment rights. The document states: “Defendant Babiuch had no lawful basis for demanding that Plaintiff stop recording.”
Following their removal from the vehicle, Officer Rosa conducted what is described as a warrantless search of both the car and its occupants. Officers reportedly found a black bag near where Figueroa had been seated and alleged it contained a controlled substance. During subsequent questioning—described as custodial interrogation without Miranda warnings—Officer Schreckenstein told all three occupants that if no one claimed ownership of the bag’s contents, all would be taken to the precinct. In response to this ultimatum, Figueroa stated that he claimed ownership "in an effort to prevent his two friends from being arrested." He maintains this statement was not voluntary but made under coercion.
Figueroa was then arrested by Officer Schreckenstein while his companions were released. He claims he did not resist arrest but experienced pain due to overly tight handcuffs applied during detention—a concern he says was ignored despite complaints to officers. After being transported first to NYPD's 71st Precinct and then central booking, Figueroa reports never seeing an attorney or judge before being released approximately twenty-three hours later on April 15, 2023.
The Kings County District Attorney’s Office declined prosecution following his release. However, according to Figueroa’s filing, paperwork submitted by Officer Schreckenstein misrepresented key facts about how statements were obtained during questioning—specifically omitting reference to coercive tactics used during interrogation without Miranda warnings.
As detailed in court documents, notification of Figueroa’s arrest led directly to termination from his job at Singapore Airlines at John F. Kennedy International Airport due to Port Authority policies regarding unresolved legal matters. He also lost his place in the New York City Fire Department's Fire Cadet Program on the same day—just one month before he was scheduled to begin paid employment as a fire cadet.
The lawsuit alleges multiple causes of action including municipal liability under Monell v. Social Services (42 U.S.C §1983), unlawful search and seizure under federal law and city code provisions (NYC Admin Code §8-801 et seq.), excessive force related specifically to handcuffing practices during detention, violations of fair trial rights through alleged fabrication or omission of evidence provided to prosecutors (Sixth and Fourteenth Amendments), interference with First Amendment rights regarding recording police activity (NYC Admin Code §14-189), as well as psychological harm resulting from these actions.
Figueroa seeks actual damages for lost wages from Singapore Airlines employment (approximately $700 per week) and foregone career opportunities with FDNY—including potential lifetime earnings—as well as compensation for physical injury caused by handcuffing practices during detention and emotional distress such as fear, anxiety, humiliation, and depression arising from these events.
In addition to monetary damages against both individual defendants and the City of New York—to be determined at trial—the plaintiff requests policy changes within relevant agencies alongside remedial training measures for involved personnel. Further relief sought includes statutory attorney's fees pursuant to federal civil rights statutes (42 U.S.C §1988) and applicable city codes (§8-801; §14-189).
The case is identified as Case No. 1:26-cv-02205 in filings dated April 14, 2026. Elijah Figueroa is represented by S. Masoud Mortazavi of Kaishian & Mortazavi LLC.
Source: 126cv02205_Figueroa_v_City_of_New_York_Complaint_Eastern_District_New_York.pdf