Plaintiff Wins Lawsuit After Battery in 44th Precinct
Mr. Ezielkil Frederic was stopped by the officers of the New York Police Department on August 10, 2006, and was charged with driving with a suspended license. He was taken to the 44th Precinct in the Bronx and placed in a holding cell. He was not provided any food or water. He even requested for medication due to a stomach condition, but his requests were ignored for several hours. In an effort to attract the cops' attention, he started hammering on the bars of his cell door. Five additional cops, including Police Officer Justin Prieto, went into the cell, handcuffed him, and transferred him to another cell. While still handcuffed, Mr. Frederic claimed that Officer Patrick Fallon sprayed pepper spray into his face. This caused him to collapse, hit his head, and briefly lose consciousness. Officer Fallon then lifted him from the ground by his thumbs. This caused him a permanent ligament injury in his right thumb. As a consequence of this altercation Mr. Frederic was also left with psychological injuries such as Post Traumatic Stress Disorder (PTSD) and depression. On May 18, 2010, Mr. Frederic filed a lawsuit against the City of New York, New York Police Department, and Officers Justin Prieto and Patrick Fallon.
The Lawsuit
Mr. Frederic and Defendants testified different factual accounts. Mr. Frederic testified that due to deprivation of food and water, together with the absence of his medicine, he grew agitated and began banging on the bars of the cell door to attract the attention of the police officers. He testified that Police Officer Justin Prieto threatened to tase him if he continued yelling. He testified that five cops, including Officer Justin Prieto, entered the cell. Officer Patrick Fallon applied pepper spray to his eyes and mouth. Subsequently, Officer Justin Prieto lifted him from the ground by his thumb, resulting in irreversible damage to his thumb. Officer Prieto testified that he did not have authorization to carry a taser gun in the cell. He also denied lifting Mr. Frederic by his thumbs. Officer Fallon testified that Mr. Frederic could not be transported to the hospital to assess his stomach condition because he was yelling uncontrollably for upward of thirty minutes and could not be calmed down or handcuffed. Officer Fallon testified that he used pepper spray instead of physical force to subdue Mr. Frederic and facilitate his handcuffing.
Dr. Jeffrey Lubliner, Mr. Frederic's orthopedic physician, testified that Mr. Frederic incurred a lifelong ligament injury to his right thumb due to the occurrence. Dr. Robert Goldstein, the psychiatric expert for Mr. Frederic, testified that Mr. Frederic was experiencing post-traumatic stress disorder and depression as a direct consequence of his conflict with the Defendants. Mr. Frederic nor his medical experts could establish that the permanent injury in Mr. Frederic’s thumb was caused because Officer Prieto exerted any force on him.
On May 21, 2010, the jury found Officer Fallon liable for battery with excessive force against Mr. Frederic. The jury held that since it was not medically established, Officer Prieto’s alleged use of force was not a substantial factor in causing Mr. Frederic’s injury. The jury awarded Mr. Frederic $300,000 for past pain and suffering and $150,000 for future pain and suffering damages. $1,000,000 in punitive damages against Officer Fallon and $500,000 in punitive damages against Officer Prieto were also awarded to Mr. Frederic. Defendants filed an application under CPLR 4404 (a) contending that the jury’s verdict of liability was against the weight of the evidence and the damages awarded were excessive. On December 22, 2011, the trial court judge upheld the pain and suffering damages and punitive damages applicable against Officer Fallon only. Punitive damages against Officer Prieto were vacated based on the jury's findings that Officer's Prieto's assault was not a substantial factor in causing Mr. Frederic’s injury. Defendants appealed.
The Appeal
On May 21, 2024 the Appellate Court reviewed evidence and testimonies on record in Frederic v City of New York. Based on their review of similar cases, the Appellate Court upheld the past and future pain and suffering damages awarded to Mr. Frederic. On punitive damages, the Court held that these may be awarded when Defendant's actions show a high level of moral wrong, extreme carelessness, recklessness or intentional harm. Appellate Court noted that the evidence strongly supported awarding punitive damages against Officer Fallon but the amount of damages awarded was too high and should be reduced to $150,000. This reduction was made based on Court’s assessment of similar cases.
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