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New York Men Continue Pursuit of Police Misconduct Lawsuit

A New York Federal District Court denied a motion to dismiss a civil rights complaint that alleged police misconduct.

            Brothers Jose and Maximo Colon filed a civil rights violation claim against New York City and its police department alleging wrongful arrest, manufacturing evidence, using excessive force, unlawful strip search, and arresting innocent persons in order to meet “productivity goals,” (arrest quotas). The Colons’ asserted that such policies may be inferred from a January 2006 statement from Deputy Commissioner Paul J. Browne in which he stated that police commanders are permitted to set “productivity goals.”

            “Determining whether a complaint states a plausible claim is context-specific, requiring the reviewing court to draw on its experience and common sense,” stated Senior U.S. District Court Judge Jack B. Weinstein.

            Informal inquiry by the court revealed evidence of repeated, widespread falsification by the New York City Police. There was also some evidence of a sufficiently widespread attitude among officers to constitute a custom or policy by the City approving illegal conduct of the kind now charged. See: Colon v. The City of New York, Case No. 1:09-cv-00008.

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Related legal case

Colon v. The City of New York