Fernandez et al v. City Of New York , et al

Case number
Court district
United States District Court for the Southern District of New York
Plaintiff gender, specified in lawsuit
Multiple Plaintiffs
Incident date
November 3, 2015
Incident time
7:30 AM
Stop Location
Incident county
Precinct taken to


Plaintiffs David and Joey Fernandez were in an argument when Joey kicked his bedroom door down, and accidentally hit his brother's nose. Plaintiffs called an ambulance, and when it arrived, police officers also arrived at the scene. The plaintiffs explained the situation to the police officers and said that neither wished to press charges. Police officers arrested both plaintiffs, and when Joey Fernandez asked why, he was pushed to the ground and punched and then taken into a police car. Joey was then put in a chokehold inside the police car. On his way to the precinct, Joey was further brutalized by police officers. Police officers also called Joey a "faggot", a "dickhead", and accused him of being part of a gang. Once in custody, Joey was told to "shut the fuck up" multiple times. David was released without charges, and charges against Joey were ultimately dismissed.

Plaintiff Attorney

Jeffrey Adam Rothman Jeffrey Rothman -Attorney at Law 315 Broadway, Suite 200 New York, NY 10007 (212)227-2980 Email: [email protected]

False Criminal Charges Outcome

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