The Law Office of Todd J. Krouner Files Suit Against NYPD for Suspected Use of Excessive Force

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Frank De Michele v. City of New York, County of Westchester and Does 1-20 United States District Court for the Southern District of New York Civil Action No.: 09-CV-9334. Case filed by The Law Office of Todd J. Krouner.

The New York City Police Department and Westchester County Police Department are being sued for arresting and allegedly using excessive force against an innocent man. On November 10, 2009, Frank De Michele filed suit against the City of New York and the County of Westchester for false arrest, excessive use of force and malicious prosecution. The lawsuit was filed in the United States District Court for the Southern District of New York, in New York City by The Law Office of Todd J. Krouner.

The complaint alleges that Mr. De Michele was home with his mother and girlfriend when police arrived at his residence during the early morning hours of January 2009. Police reports filed by the New York City Police Department and Westchester County Police Department state that officers were involved in a vehicular pursuit of another young male at the time of the incident.

According to the police, the young male was suspected of involvement in a robbery that occurred the previous evening. The aforementioned male suspect abandoned his vehicle in front of Mr. De Michele's residence, and according to police ran through Mr. De Michele's home to evade arrest. Reportedly, police officers mistook Mr. De Michele for the male robbery suspect, resulting in Mr. De Michele's forcible removal from the home that included physical detainment reportedly characterized by excessive force, all of which occurred as both Mr. De Michelle's mother and girlfriend looked on.

Pleas from both Mr. De Michele's mother and girlfriend that police search the premises for the male robbery suspect were allegedly unacknowledged at first, and Mr. De Michele was arrested by the NYPD. Despite various witness accounts supporting Mr. De Michele's innocence at the time of his arrest, Mr. De Michelle was taken to the 45th precinct where NYPD police reports show that he was charged with various crimes including felony robbery, theft and resisting arrest. Mr. De Michele was later exonerated of any wrongdoing and all charges against him were dismissed, according to court records.

The complaint alleges that, police officers employed by both the City of New York and Westchester County, used excessive force on the plaintiff when they subjected him to false arrest. The complaint further alleges that the City of New York maliciously prosecuted Mr. De Michele when there was no basis to do so.

Mr. De Michele is 20-years-old and alleges that he was denied employment due to the false criminal charges made against him. He reportedly continues to seek treatment for his injuries, both physical and emotional. According to medical records, he now has permanent nerve damage affecting his hands and back, and suffers from Post Traumatic Stress Disorder.

The plaintiff is represented by Todd J. Krouner and Dominique Ferrera of the Law Office of Todd J. Krouner in Pleasantville, New York. Mr. Krouner and Ms. Ferrera represent victims who are subjected to civil rights violations, including false arrest and police brutality in New York.

A copy of plaintiff's complaint is available at For further information, please contact Todd J. Krouner, or Dominique Ferrera at (914) 769-8700.

The information presented in this release is deemed accurate and cites information from official sources pertaining to the case, particularly police reports and other such reports in regard to charges filed by the New York City Police Department and the Westchester County Police Department.


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