Date: September 12, 2014

Case Name: Jason Castro v. City of New York, No. 305928/08

Government – Police, Municipalities

Intentional Torts – Assault

Government – Excessive Force

Intentional Torts – False Arrest

Case Type:

head

head-headaches

knee-knee derangement

knee-medial meniscus; tear

knee-anterior cruciate ligament; tear

knee-posterior cruciate ligament; tear

knee-medial collateral ligament; damage

neck-bulging disc; cervical

other-effusion

other-tenosynovitis

other-physical therapy

wrist-scapholunate ligament; tear

wrist-triangular fibrocartilage complex; torn

epidermis-contusion

face/nose-face(face, bruise)

sensory/speech-anosmia

sensory/speech-speech/language; impairment of

surgeries/treatment-arthroscopy

mental/psychological

mental/psychological-depression

Injury

Type(s):

Court: Bronx Supreme

Venue: Bronx County

State: New York

Type: Settlement

Amount: $500,000

Arrestee claimed he was beaten for disputing traffic ticketOn April 9, 2008, plaintiff Jason Castro, a 31-year-old unemployed man, approached his minivan, which was

parked on West Fordham Road, near its intersection at Hampden Place, in the University Heights section of

the Bronx. Two police officers, Raymond Marrero and Juan Santana, were ticketing illegally parked vehicles.

Castro protested upon realizing that his vehicle was being, or had been, ticketed. An altercation ensued, and

Castro claimed that he was kicked and punched. He further claimed that he sustained injuries of his face, his

head, a knee, his neck and a wrist.

Castro was arrested, and he ultimately received charges of obstruction of governmental administration,

resisting arrest and possession of a deadly weapon: a box cutter. The charges were dropped when a judge

determined that Castro’s arrest lacked probable cause.

Facts:

Alan Getreu; Vocational Rehabilitation; Mineola, NY called by Patrick J.

Mantione, Pamela Horan David Erlanger; Neuropsychology; New York, NY

called by Patrick J. Mantione, Pamela Horan Roger Mosesson; Neuroradiology;

New York, NY called by Patrick J. Mantione, Pamela Horan Ramesh Gidumal;

Orthopedic Surgery; New York, NY called by Patrick J. Mantione, Pamela Horan

Defendant

Expert(s):

Patrick J. Mantione; Senior Counsel, Zachary W. Carter, Corporation Counsel;

Brooklyn, NY, for City of New York

Pamela Horan; Senior Counsel, Zachary W. Carter, Corporation Counsel; New

York, NY, for City of New York

Defense

Attorney(s):

Defendant(s): City of New York

C. Robins; ; Psychology/Counseling; New York, NY called by Alan M.

Greenberg, Robert J. Menna

Edwin Robins; M.D.; Psychiatry; New York, NY called by Alan M. Greenberg,

Robert J. Menna

Charles Kincaid; Ph.D.; Vocational Rehabilitation; Hackensack, NJ called by

Alan M. Greenberg, Robert J. Menna

Richard Seldes; M.D.; Orthopedic Surgery; New York, NY called by Alan M.

Greenberg, Robert J. Menna

Plaintiff

Expert(s):

Alan M. Greenberg; Law Offices of Alan Greenberg, P.C.; New York, NY, for

Jason Castro

Robert J. Menna; Law Offices of Alan Greenberg, P.C.; New York, NY, for Jason

Castro

Plaintiff

Attorney(s):

Plaintiff(s): Jason Castro (Male, 31 Years)

PartiesAfter the selection of a jury, but prior to the scheduled start of the trial, the parties negotiated a settlement.

The city agreed to pay $500,000.

Result:

Castro was transported to a police precinct’s headquarters. After some 30 hours of detention, he was released.

He immediately presented to Montefiore Medical Center, in the Bronx. He underwent minor treatment.

Castro claimed that he sustained bruises and contusions of his face and head, a tear of his right wrist’s

triangular fibrocartilage complex, a tear of the same wrist’s scapholunate ligament, and trauma that produced

bulges of his C4-5 and C5-6 intervertebral discs. He also claimed that he sustained derangement of his right

knee, a tear of the posterior horn of the same knee’s medial meniscus, and partial tears of the same knee’s

anterior cruciate, lateral collateral, medial collateral and posterior cruciate ligaments. He further claimed that

his right knee developed effusion, which is a buildup of a joint’s lubricating fluid, that his right wrist

developed flexor tenosynovitis, which is restrictive inflammation of the sheath of a tendon, and that he

suffered depression, headaches, nightmares, impairment of his speech, extreme changes of his personality

and anosmia, which is a loss of the sense of olfaction.

Castro underwent psychological counseling, about three years of physical therapy and arthroscopic surgery

that addressed his right knee.

Castro claimed that his depression lingers and that his speech remains impaired. He claimed that those effects

resulted in his loss of two jobs and the rejection of his application to enroll in a vocational program. He also

claimed that his residual effects have imposed a largely reclusive existence.

Castro sought recovery of past lost earnings, future lost earnings, and damages for past and future pain and

suffering.

Defense counsel contended that Castro’s depression and speech impairment are a product of a congenital

abnormality and/or conversion hysteria.

Injury:

Castro sued the police officers’ employer, the city of New York. Castro alleged that he was falsely arrested,

that the officers utilized excessive force that constituted assault and that the city of New York was vicariously

liable for the officers’ actions.

Castro claimed that, during the course of his protest, he accidentally ejected spittle onto one of Marrero’s

cheeks. He claimed that the officers immediately flung him, face-first, onto the sidewalk. He further claimed

that, after he had been handcuffed, the officers punched and kicked his head.

Marrero and Santana claimed that Castro was behaving in a belligerent manner that justified an arrest. They

also claimed that Castro was not punched or kicked. They claimed that he was subjected to force

proportionate to his resistance and sufficient to effect the arrest.This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond

to the reporter’s phone calls.

Editor’s Comment:

Judge: Julia Rodriguez

Trial Information:

Castro’s counsel reported that Judge Julia Rodriguez had ruled that the jury could be told that Castro’s

criminal charges had been dismissed in a case in which the city was obligated to provide probable cause for

Castro’s arrest.