Arrest Vs False Arrest

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• Per the summons and complaint, plaintiff claims excessive force and false arrest. Plaintiff states that he was on the sidewalk filming with his video camera when defendant Lt. Spataro shoved him with his baton and shout at plaintiff to get on the sidewalk. Plaintiff states that MOS, including defendant PO Merizalde, grabbed and slammed him against a gate then kicked and punched him with their batons. Plaintiff states that one of the MOS took his camera which was not vouchered or returned to him. Plaintiff accepted an ACD.
• Department records show that plaintiff refused to disperse and attempted to remove Lt. Spataro’s baton. Plaintiff flailed his arms and legs to avoid being handcuffed causing injury to Sgt. Bono and PO Jean-Pierre. Arresting

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