Aug 4, 2008 8:28 pm US/Eastern
Another Claim Of Brutality Rocks Yonkers PD
Man Suing For $20 Million, Says Drunken Cops Stalked And Savagely Beat Him In May 2006
YONKERS (CBS) ―
Rui Florim said it felt like he'd been dropped into a movie, as a police officer wearing black gloves punched him in the face repeatedly.
"'Why me' was basically the only thing going through my head," Florim said.
But instead of a script, this drama is outlined in a federal lawsuit demanding $20 million from the Yonkers Police Department.
"They went out hunting him," said Jonathan Lovett, the attorney representing Florim. "This was a goon squad of angry cops out for retaliation."
The lawsuit, filed Monday in Federal Court in White Plains, stems from an incident in May, 2006.
Florim, 25, said he was at the Tyrone House pub near the Yonkers waterfront when a fight erupted involving off-duty Yonkers police officers.
"The cops passed through the bar area, made obscene comments to female patrons, a brawl broke out," said Lovett. "My client didn't have anything to do with it, but was forced to defend himself."
Several men were arrested after the fight, but not Florim, Lovett said.
A few hours later, Florim left a restaurant in Hartsdale and was followed by two undercover cars filled with Yonkers police, according to the lawsuit.
The police allegedly followed Florim to a residential neighborhood in the town of Greenburg, pulled him from the car, and beat him severely.
"They began stomping and beating him on the street," said Lovett. "They pushed him into an undercover car and drove him to Yonkers, while police took turns punching Rui in the face."
Florim said he suffered cuts that required more than 70 stitches, and still experiences blurry vision and migraine headaches.
He was treated at St. Joseph's Hospital, where a nurse noted in a medical report "patient requests not to be released because '(police) will kill me tonight.'"
According to the lawsuit, Florim was denied access to his lawyer for four days. Defense attorney Tony Castro finally obtained a court order allowing him to visit Florim at the Westchester County Jail.
At the jail, Florim said corrections officers correctly guessed he came from Yonkers.
"I said 'how did you know that?' They said 'because you are beaten. Anybody who comes up here and looks like you comes from Yonkers,'" Florim said.
The lawsuit names police officers John Traynor, John Cassino, Joseph Olson, Roberta Moran, Thomas Molina and Christian Koch. Yonkers Police refused to comment, citing the pending litigation.
"You have an assault by a goon squad, and then an assault by the District Attorney," said attorney Lovett. The DA's office has charged Florim with assault, for allegedly hitting several police officers during the fight at the Yonkers bar.
Lovett compared the case to that of Irma Marquez, a woman who was severely injured when she was thrown to the ground by a Yonkers police officer. The incident was captured on surveillance video.
Marquez was arrested and charged with resisting arrest. A jury found her not guilty earlier this year.
In May, Marquez filed a multi-million dollar lawsuit against Yonkers Police. In June, the officer who threw Marquez to the ground was arrested on federal charges for allegedly violating her civil rights.
Florim is scheduled to go to trial in September.
"This leaves you wondering," he said. "Is there justice?"
The District Attorney's office declined to comment.
In August 2007, the U.S. Justice Department announced it was investigating Yonkers Police for allegations of "systemic violations" in the use of force by officers.
At the time, Yonkers Mayor Phil Amicone said he welcomed the probe, and promised full co-operation.
Yonkers is the fourth-largest city in New York. The police department has defended its record, pointing out that in 2006, it answered more than 160,000 calls for service, and received fewer than 40 complaints of excessive force.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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