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$25,000 Settlement Offer from NYPD over Assault, False Arrest Accepted by Parolee

by Christopher Zoukis

Jose Perez, a parolee who was assaulted, arrested and re-imprisoned over charges that were later dismissed, agreed to a $25,000 settlement with New York City in response to a federal suit alleging violation of his civil rights.

     On June 24, 2010, Perez was returning to his apartment building after walking to the local grocery store to buy milk for his grandmother and 2-year-old brother when he was grabbed by New York City police officers George Yioupis, Timothy Donohue and John Doe. He was pushed inside the building and handcuffed. According to Perez, the officers called him by name, saying they knew he was on parole and had been waiting to catch him.

     The officers told Perez they were going to arrest him for trespassing, so Perez allegedly told them that he lived in the building. As they started to lead him outside, they had him kneel by the front door and smashed his head into a window. A friend of Perez who was outside, George Taylor, took a picture of the police pushing Perez, so the police broke Taylor's phone and arrested him, charging him with "causing a riot."

     At the station, Perez was strip searched and held for 19 hours until he was arraigned on charges of criminal mischief, resisting arrest and criminal trespass, then released on his own recognizance. Because of this, he was made to serve 90 days in prison for allegedly violating his parole. On January 19, 2011, the charges that led to the parole violation were dropped.

     On June 27, 2012, Perez filed a complaint in federal court against the NYPD and officers Yioupis, Donohue and Doe for excessive force, assault and battery, false arrest, false imprisonment, malicious prosecution, and conspiracy to interfere with his civil rights. He sought $800,000 in damages, attorney fees and costs.

     On February 22, 2012, a settlement was filed with the court, in which the city of New York agreed to pay Perez $25,000. The case was dismissed by Judge Andrew L. Carter Jr., on February 27.

 See: Perez v. City of New York, et al., United States District Court for the Southern District of New York, Case No. 1:11-cv-04361-ALC-GWG (Feb. 22, 2012)

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Related legal case

Perez v. City of New York, et al.