| Bronx Lawsuit For Excessive
Force by NYPD Has Jury Trial, Plaintiff Cites
2 Hands Choking
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
August 12 – Edward Rosado was
standing in front of a
Footlocker on Fordham Road in
The Bronx when he was grabbed
by the throat by an officer of
the NYPD and arrested. The
Bronx DA declined to
prosecute.
Jump Cut 1
to June 26, 2020 when U.S.
District Court for the
Southern District of New York
Judge Ronnie Abrams held a
proceeding. Inner City Press
covered it.
Judge Abrams granted the
defendants summary judgment on
municipal liability /
qualified immunity and false
arrest - but not on excessive
force.
Whereupon
Rosado's lawyer said it was
time to go to a jury, given he
said the "George Floyd jury
effect."
He also said he
might ask for reconsideration
on the judicially created
doctrine of qualified immunity
- he cited Clarence Thomas.
Judge Abrams said
the issue is settled in the
Second Circuit, perhaps one
for appeal but not one to
further delay trial in this
matter.
Jump Cut 2 to
August 10, 2021 when Judge
Abrams held another conference
on the eve of trial. Inner
City Press covered it again.
Rosado's lawyer said he has a
witness flying in from
Florida; he asked if he could
email case law.
Judge Abrams to
her credit said she aims to
have a transparent docket, so
to file all submissions there.
On August 12
Rosado was on the witness
stand, and Inner City Press
covered it. Rosado described
being in a bus stop, then
having his head slammed
against a metal machine, and
being choked with two hands.
To assess the size of the bus
shelter, his lawyer compared
it to the jury box, drawing an
election what was sustained.
But the point was made.
The case is
Rosado v. Soriano et al.,
16-cv-3310 (Abrams).
***
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