Paul Et Al v. City Of New York Et Al

Parties Involved

  • Plaintiff(s): Anthony Andre Paul ,As Co-Administrator of the Estate of Anthony Andre Paul II, deceased | Alberty Paul, As Co-Administrator of the Estate of Anthony Andre Paul II, deceased |
    • Counsel for Plaintiff: Stephanie Rose Correa| Tracey Lyn Brown | Derek S. Sells

 

  • Defendant(s): City of New York | North Central Bronx Hospital Individually | New York City Health and Hospitals Corporation
    • Counsel for Defendants: Susan P. Scharfstein| Stephanie Marie Breslow | Patrick J. Brennan | Kaitlin Stavnitsky Drummond | Ita Parnass

Verdict Information

  • Verdict Date: June 4, 2023
  • Total damages awarded to Plaintiff: $0 (Verdict for Defendant)

About the Case

Cause

On July 1, 2015, Anthony Paul II was a resident of Narco Freedom, Inc.’s Freedom House 19, a three-quarter house located at 2846 Briggs Avenue in the Bronx, New York. At approximately 9:00 PM, the NYPD’s 911 dispatch received a call about an emotionally disturbed person (EDP) matter involving Paul at Freedom House 19.

The NYPD’s Emergency Services Unit (ESU), a specialized unit tasked with handling EDPs and high-risk situations, responded to the call. Upon arriving at the scene, the officers found Paul in an emotionally disturbed state, naked, and locked in his room. Despite his condition, he did not present any danger to himself or others.

The officers inserted a camera or cameras into Paul’s room to observe and record the situation inside. They attempted to unlock Paul’s door multiple times, but Paul repeatedly turned the locking mechanism to prevent their entry. A hostage negotiator employed by the NYPD tried to persuade Paul to allow the police to enter his room to get him treatment, but this attempt failed.

Despite Paul being isolated and contained in his room for several hours without presenting any immediate threat, the officers, without justification and without a warrant, attempted to enter Paul’s room to take him into custody. This decision violated the 4th Amendment and the NYPD’s patrol guide on handling EDPs, leading to an incident of police brutality.

Injury

In a shocking display of excessive force and police brutality, the officers breached Paul’s door using a sharp saw blade. When the blade breached the door, Paul, who was guarding the door, came into contact with it. He suffered more than 30 cuts on his arms and hands. These injuries caused him to bleed profusely.

As Paul bled from these severe cuts, the officers fully breached the door. Upon entering, they used further excessive physical force and unnecessary electric current from tasers to arrest him. Specifically, Paul was tasered in violation of the NYPD Patrol Guide for Use of Tasers, constituting another act of police brutality.

The NYPD Patrol Guide limits the number of tasers that can be used against a single person to one. However, Paul was struck by at least three taser prongs, indicating that at least two tasers were used against him in violation of the policy. Additionally, the officers failed to comply with the Patrol Guide by not reassessing Paul’s condition after each electrical discharge and by discharging more than the permitted three cycles.

The violations of these sections, using two tasers simultaneously and cycling more than three currents, were excessive and barbaric acts of police brutality, causing Paul’s pain, suffering, and wrongful death. Paul was falsely arrested and had handcuffs placed on his bloodied wrists. EMS was then called to take him to North Central Bronx Hospital following the tasering.

Damages

The plaintiffs sought monetary damages in an amount to be determined at trial. This amount exceeded the jurisdictional limit of any other court that could have jurisdiction over the matter. They requested this monetary award plus prejudgment interest to compensate for their economic damages.

The plaintiffs also demanded that the defendants pay the costs incurred in bringing this action, as well as the plaintiffs’ reasonable attorneys’ fees as permitted under 42 U.S.C. §1983 and to the fullest extent allowed by law. Furthermore, the plaintiffs sought punitive damages against the individually named police officer defendants in their individual capacities.

Finally, the plaintiffs asked the court to grant any other relief it deemed just and proper in the case.

Jury Verdict

On the excessive force liability question, the jury found that the Plaintiff, Anthony Andre Paul II, did not prove his case. He did not show by a preponderance of credible evidence that the defendants subjected him to excessive force.

For the failure to intervene liability question, the jury determined that the Plaintiff, Anthony Andre Paul II, did not prove his case. He did not show that the defendants failed to intervene in the use of excessive force against him.

Regarding negligence liability, the jury found that the defendants, Anthony Di Francesca, Darren McNamara, and Aramis Ramos, did not commit negligence against Anthony Andre Paul II. This was determined by a preponderance of credible evidence.

The jury also considered whether the plaintiff proved that North Central Bronx Hospital and New York City Health and Hospitals Corporation departed from standards of care. This was regarding the treatment rendered to Anthony Andre Paul II on July 2, 2015. However, the jury found that the plaintiff did not prove this by a preponderance of credible evidence.

Court Documents:

Available upon Request