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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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