The NYPD Arrested the Wrong Guy

MANHATTAN (CN) – New York City police assaulted, battered and arrested a 73-year-old attorney merely because he stopped to ask a question of Occupy protesters at Zuccotti Park, the man claims in court.
     Stephen L. Kass sued New York City, three named police officers and a John Doe officer, on Monday in Federal Court.
     Kass claims that on Sept. 17, 2013, he was “falsely arrested, handcuffed and detained-all for doing nothing more than speaking briefly with a fellow citizen while standing on a public sidewalk.”
     Kass, who was 73 at the time, says in the lawsuit that he was “a passerby who was not involved in the protest in any way,” but had merely “paused briefly on the public sidewalk to ask a question of the protesters.” He says his interaction with the protesters “lasted no more than a minute or two, and was pleasant and non-confrontational.”
     He never obstructed or impeded vehicles or pedestrians, did nothing illegal and nothing to create probable cause that he had done anything illegal, Kass says.
     “Nevertheless, defendant police officers arrested plaintiff, forcibly removing him from the street. They handcuffed him, placed [him] in the back, of a police car, and drove him to the precinct, where they charged him with disorderly conduct.
     “The charge was dismissed on Jan. 8, 2014.”
     Kass seeks punitive damages for false arrest, false imprisonment, malicious prosecution, assault and battery.
     He is represented by Andrew Celli Jr., with Emery Celli Brinckerhoff & Abady.

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