July 2018 E-Newsletter

Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice

The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.

RECENT VERDICTS AND SETTLEMENTS
$7.75 million- Civil Rights and wrongful death action brought by the family of deceased

$4.7 million- Repeated verbal and physical assaults on Yemeni-American employee, while supervisor failed to protect employee and discipline the assailant

$1.277 million- Race based attack and serious injury by violent acts against Plaintiffs, who were lured to an isolated warehouse

$2.8 million- Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant

AT THE FIRM

Westbury Resident Claims He Faced Racial Harassment, Verbal and Physical Abuse, and False Arrest and Imprisonment by NCPD

Miguel Jimenez recently filed a lawsuit alleging unlawful conduct, which included false arrest, false and unlawful imprisonment, excessive force, malicious prosecution, fabrication of evidence, assault, battery, theft, criminal mischief, abuse of process, trespass, negligent and intentional infliction of emotional distress that resulted in physical and emotional harm, property damage, psychological damage and damage to name and reputation. The County of Nassau, the Nassau County Police Department, and Police Officers Charles Javorowsky, Daniel Bilz and John Doe(s) 1-10 are named as defendants in the lawsuit.

On January 1, 2018, Mr. Jimenez was hosting a couple at his house in Westbury at approximately 6:20 p.m. Later that night, the male guest became intoxicated and belligerent and started punching holes in the wall. Mr. Jimenez’ wife asked the gentleman to leave but he refused. His daughter called the police. Before police arrived, the couple left the house, while Mr. Jimenez stayed inside.

Soon, police arrived. Six police officers approached the former guest and asked him to place his hands on the roof of his car. The gentleman complied and the officers proceeded to handcuff him. As the female guest began to verbally protest her husband’s arrest, Mr. Jimenez went outside and brought her back inside the house to calm her down and separate her from the police. At no time did the Plaintiff interact with or confront the officers.

The officers called Mr. Jimenez outside and asked him to sign a deposition. The Plaintiff asked if he would be detained if he refused to sign it. The officers said he would not, and so he said he would not sign it. He told the officers that he needed to go back inside the house and calm down his dogs, who were barking loudly. One of the officers accused Mr. Jimenez of trying to get his dogs to attack him, but he told him that was not true.

Mr. Jimenez went back inside and locked the door. The female guest had come into the home with Mr. Jimenez and was still inside the house. During this time, he repeatedly asked the officers to leave the premises, but they refused. The Plaintiff started recording the officers with his cell phone. The officers said he would be arrested for refusing to sign the deposition, then stated he was going to be arrested for recording them from his window. He was also told that he would be arrested for holding someone against their will. Hearing this, Mr. Jimenez asked the female guest to please leave his house and escorted her out of the house through a side door.

Soon, Mr. Jimenez heard a banging sound, which was the result of the officers breaking down the front door. They took down the Plaintiff from behind; during the unwarranted and unprovoked attack, he dropped his cell phone, which was unlawfully confiscated by one of the officers. While he was being punched, manhandled and subjected to verbal abuse and racial epithets, he soiled his pants. Even though he asked the officers if he could change his clothes, they denied him the dignity sought by his request and paraded him before his family and neighbors in that soiled condition.

The plaintiff was brought to the Third Precinct and held there until the following morning. During his incarceration, he was never informed of the charges against him until his arraignment. On January 2, 2018, he was arraigned and charged with Unlawful Imprisonment in the Second Degree, Resisting Arrest and Assault in the Second Degree — two misdemeanors and a felony. Bail was set on him.

On July 6, 2018, The Law Offices of Frederick K. Brewington filed a lawsuit with the U.S. District Court, Eastern District of New York, on behalf of the Plaintiff. He has filed ten counts against the defendants, including violation of 42 U.S.C. §§1981, 1983 and others as amended by the Civil Rights Restoration Act of 1991; First, Fourth, Fifth and Fourteenth Amendment violations, including, but not limited to, unlawful treatment due to race/color; false arrest, malicious prosecution, excessive and unreasonable force; fabrication of evidence; abuse of process; conspiracy to violate civil rights; failure to intervene; municipal liability; assault and battery under state law; intentional infliction of emotional distress under state law; and trespass.

Mr. Jimenez is seeking justice for the treatment to which he was subjected and damages for the violation of his person and his civil rights. He suffered permanent and painful physical damages. This unwelcomed treatment, assault and false allegations have caused injuries not yet fully determined.

Click here to read the complaint.

556 Peninsula Blvd., Hempstead, New York 11550 | Phone: 516-489-6959 | Fax: 516-489-6958

Attorney Advertising
DISCLAIMER: THIS NEWSLETTER IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS
LEGAL ADVICE ON ANY MATTER. LEGAL COUNSEL SHOULD BE CONSULTED FOR ADVICE REGARDING ANY MATTER.

COPYRIGHT © 2018 BY LAW OFFICES OF FREDERICK K. BREWINGTON