Settling for Misconduct
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Case 09-CV-1913

$150,000

FALSE ARREST

Home invasion On duty Minor Excessive force Threats/intimidation False arrest or report Physical force Nightstick Assault or battery to an officer charges Resisting or obstructing arrest charges Hospitalized

Plaintiff: Marcus Rodriguez

Incident date: 10/28/2007

Allegations:

Marcus Rodriguez was at Stallworth's house watching a football game when he received a call saying police were raiding the apartment he shared with his mother, Maritza Malave. Marcus Rodriguez rushed home, where an officer asked for his identification before letting him check on Malave and his 14-year-old sister V.R. Marcus asked Lieutenant Proebski for a search warrant, but Proebski told him to go away. When Marcus Rodriguez repeated the question, Proebski pushed him out of the home while another officer grabbed Marcus' long hair and pulled him down on the stairs outside the home. Officer Berg jumped on Marcus Rodriguez's back, pushed his head against the ground and handcuffed him. Officers Rooney and McGarry hit Marcus Rodriguez multiple times in the face and ribs. One of the officers also kicked Marcus Rodriguez in the groin. When another officer pulled out a Taser, Stallworth grabbed it. The officers then arrested Stallworth. Berg picked up Marcus Rodriguez and dropped him onto the cement face-first, chipping Marcus Rodriguez's tooth. The officers put Marcus Rodriguez in a squad car along with his cousin Alex Garcia, Stallworth, V.R. and his upstairs neighbor, Brown. At the police station, Berg repeatedly pretended to lock up V.R. in a cell, taunting Marcus Rodriguez by saying, “How do you like THAT, tough guy?” Marcus Rodriguez was charged with aggravated assault of an officer; everyone else was charged with resisting arrest. V.R. was charged as a juvenile. All of the charges were eventually dismissed except those against Marcus Rodriguez. The police released him at 1:30 a.m., and he went to a hospital where he had a CAT scan and an X-ray for his injuries. As a result, Marcus Rodriguez missed three days of work and was unable to lift anything heavy for several weeks after the incident. The plaintiffs later learned the police had Marcus Rodriguez's father, who does not live at the family's apartment, under surveillance. The police continued to harass the family, and Brown moved out of the building because of the frequent harassment.

Additional plaintiffs:
  • V.R.
  • Maritza Malave
  • Alex Garcia
  • Luis Stallworth
  • Caroline Brown

JOHN ROONEY

PO AS DETECTIVE

945927680
$150,000 total payments

DANIEL BERG

PO AS DETECTIVE

1067824534
$150,000 total payments

PATRICK MCGARRY

POLICE OFFICER

906327644
$150,000 total payments

JOSEPH POREBSKI

LIEUTENANT OF POLICE

78015813
$582,720 total payments

ANTHONY SHERLOCK

POLICE OFFICER

1380027687
$150,000 total payments