Resident accuses City of New York and police officers of excessive force and false arrest


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

A recent court filing describes allegations that law enforcement officers used excessive force against a resident during an encounter outside his home, resulting in severe injury and subsequent criminal charges that were later dismissed. The complaint was filed by Leobel Salvador on May 19, 2026, in the United States District Court for the Eastern District of New York against the City of New York, Police Officer John M. Emilio (Shield No. 4196), and ten unidentified police officers referred to as "John Doe" defendants.

According to the complaint, on July 13, 2025, at approximately 10:00 p.m., Leobel Salvador was outside his residence at 39 Jaffe Street in Staten Island to start his wife’s vehicle. The document states that Salvador was confronted by a group of six to seven individuals from the neighborhood who demanded he move the vehicle before escalating into threats and assault. Salvador claims he was not the aggressor in this confrontation.

Shortly after this incident began, members of the New York City Police Department arrived on scene. Among them was Officer John M. Emilio. The complaint asserts that Salvador fully complied with all directions given by responding officers and did not resist or threaten anyone present. Despite this compliance, it is alleged that Officer Emilio and other unnamed officers treated Salvador as if he were at fault for the disturbance.

The filing alleges that without warning or legal justification, Officer Emilio and one or more of the unidentified officers grabbed Salvador from behind, seized his right hand and arm, twisted it behind his back, and slammed him head-first into a vehicle using what is described as “wanton, gross, and excessive force.” Other defendant officers are accused of failing to intervene during this use of force.

As a result of these actions, Salvador claims he suffered a severe fracture to his right wrist requiring emergency medical treatment including surgery with plates and screws inserted into his wrist. He also reports injuries to his head, neck, back, hands, wrists, shoulders, along with ongoing pain and neurological symptoms.

Following this encounter with police officers outside his home, Salvador alleges he was unlawfully arrested without probable cause or a judicial warrant. He states he was transported to a precinct where he underwent fingerprinting and photographing as well as a pat-down search or strip-search including cavity inspection. According to the complaint, Salvador remained in custody from July 13 through July 15 before being arraigned in court.

During detention at the precinct, swelling in Salvador’s injured wrist reportedly became so severe that police transported him to Richmond University Medical Center on July 14 where doctors diagnosed an acute comminuted fracture with soft tissue swelling. Despite these injuries requiring urgent care—and subsequent surgeries—Salvador says he was returned to custody until arraignment.

The document outlines three criminal charges brought against him: obstructing governmental administration in the second degree; attempted assault in the third degree; and harassment in the second degree involving physical contact. These charges were assigned Docket Number CR-005029-25RI in Richmond Criminal Court but were ultimately dismissed and sealed on September 17, 2025 under Criminal Procedure Law §160.50.

Salvador’s complaint further details ongoing medical issues resulting from this incident including multiple surgeries (with another scheduled for June 2026), permanent scarring on his right wrist, persistent neck and back pain affecting daily activities—and an inability to return to work as a personal driver for a CEO due to loss of function in his dominant hand.

The legal filing asserts violations under federal civil rights statutes (42 U.S.C §1983), citing excessive force under Fourth Amendment protections; false arrest; malicious prosecution; denial of fair trial rights; municipal liability for alleged patterns or practices within city agencies; violations under New York City Administrative Code regarding unreasonable searches/seizures; failure by other officers present to intervene; as well as employer liability for officer conduct.

In relief sought from the court system—including both compensatory damages ($5 million) and punitive damages ($5 million)—the plaintiff also requests attorney’s fees pursuant to federal statute (42 U.S.C §1988), costs associated with litigation proceedings,

and any additional remedies deemed appropriate by law.

The case is represented by Jon L. Norinsberg Esq., PLLC (825 Third Avenue Suite 2100,

New York NY 10022). The case identification number is 1:26-cv-03004.

Source: 126cv03004_Salvador_v_The_City_of_New_York_Complaint_Eastern_District_New_York.pdf

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