Law Office of Bruce A. Young
30 Years Complex Litigation Experience
Serving Manhattan and Metropolitan Area   Tel. 212-965-0050

PoliceProsecutorExcess

Manhattan DA found not immune to Suit for Damages 42 USC 1983

Hill v City of New York, 45 F3d 653 deny prosecutorial immunity to Manhattan DA

Civil Rights Claim against individual DA and DA’s office for failure to train under 42 USC 1983 cited more than 150 times in federal courts as the dividing line for when a prosecutor’s role no longer has absolute immunity and is subject to damages for Constutitional Tort.

Many News articles violations of family rights regarding videotaped evidence of child sexual abuse brought against City of New York and Manhattan District Attorney. New York Newsday news article, Federal Judge Sprizzo grants plaintiff’s right to sue Manhattan District Attorney.

New York Law Journal front page article on Second Circuit Court of Appeals decision removing Manhattan District Attorney absolute liability right to sue goes forward. National Lawyers Guild, news article. Case settled by payment of monetary damages.


The law office of Bruce A Young has worked to redress injuries arising from police misconduct excessive force prosecutorial misconduct -overcoming the defenses of absolute immunity for DA Qualified Good faith immunity for police and obtaining damages for the victims of the fundamental civil rights.

Bruce A Young 212-965-0050

Bizouati v. City of New York et al
United States District Court New York Eastern District Court
Chief Judge Raymond J. Dearie Magistrate-Judge Marilyn D. GoViolation of Civil Rights 1:2005cv04133

Claim was brought on behalf of the mother YAEL BIZOUATI whose excessive force in the use of pepper spray arrest aggravated her pre-existing asthma condition and resulted in her hospitalization in Kings County Hospital where she was held under restrain while in police custody; then incarcerated and arraigned on charges of New York Penal Law 60.10(1) Endangering the Welfare of her child that were promptly thereafter dismissed failure to prosecute.

As a result of the arrest the plaintiff’s child was removed from his home and taken into the custody of the Administration for Children's Services but subsequently returned to mother upon her release from jail. Child Protective Services' investigation found no credible evidence to substantiate any allegations of neglect and unfounded and closed the case. the mother.

The Infant Plaintiff’s Claim asserted damages for the violation of his individual rights from his wrongful removal from his mother's custody and unnecessary separation. Had police officers been more properly trained in use of pepper spray and evaluating the situation, he would not have been unnecessarily separated.

The City of New York settled the case by paying monetary damages approved by Magistrate Go.

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