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.