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Brooklyn Law School’s Joseph McCarthy is suing the NYPD, arguing that the NYPD violated his First Amendment rights to free speech and press.
McCarthy is asking for damages in excess of $20 million for alleged violations of his First and Fourth Amendment rights.
McCarthy, a former prosecutor and the author of the memoir “Bullies,” says he was repeatedly stopped and detained by the NYPD during a protest outside his office in mid-December 2016, the day after he was scheduled to testify before the Brooklyn Supreme Court about the department’s use of excessive force.
During that incident, the NYPD arrested and handcuffed a man, who later was charged with disorderly conduct, and handcuffed another protester.
The NYPD also released video footage of a man being beaten by police during the protest.
“The NYPD’s actions violated my First Amendment protections against unreasonable searches, seizures, and seizures,” McCarthy said in a statement.
“While it is possible to challenge the legality of the NYPD in the court of law, I would not do so without a clear path to compensation for my constitutional rights.”
McCarthy’s lawsuit says the NYPD breached his rights when it released the video footage to the media and to the public without McCarthy’s knowledge.
The lawsuit was filed in the United States District Court for the Eastern District of New York on Friday and is expected to be dismissed in the coming days.
McCarthy was detained and arrested during the February 2017 demonstration outside his Brooklyn law school.
According to McCarthy’s lawyer, David Wurman, the video shows a group of about 20 protesters, including the man who later became the subject of McCarthy’s arrest, being led into a van and being handcuffed by officers.
Wurmer told Bloomberg News that the group of protesters was peaceful and that they did not resist arrest.
“This is a matter of public record,” Wurmman said.
“I know that at the time, and as it was happening, this was the most peaceful and orderly march that the city had ever seen.
This was the largest protest that the community had ever had.”
McCarthy is represented by the firm of McCarthy & Partners, LLP, which represents civil rights groups and has represented other plaintiffs in other cases.
A spokeswoman for the Manhattan District Attorney’s Office said McCarthy was not a party to the lawsuit.
McCarthy declined to comment further, and his attorney did not respond to a request for comment.
