Brooklyn, NY – A federal judge ruled that a Queens man’s false arrest claim against a New York City police officer can move forward, partially denying the City’s bid to toss a civil rights lawsuit tied to an arrest over an allegedly violated order of protection.
U.S. District Judge Allyne R. Ross issued the opinion Friday, allowing key portions of Norberto Lopez’s §1983 action to proceed against Officer Waliur Rahman while dismissing other claims against the City of New York.
Lopez, 53, was arrested on June 9, 2023, outside his Ozone Park residence after officers accused him of breaching a protective order obtained by his upstairs neighbor. The criminal case was later dismissed and sealed.
Key Points
- Judge Allyne R. Ross denied dismissal of Lopez’s false arrest claim against Officer Rahman.
- The lawsuit alleges Lopez was wrongfully arrested despite showing proof the order allowed him to stay at his residence.
- Claims against the City of New York were partially dismissed, narrowing the scope of the case.
Dispute over arrest legality
According to court filings, Lopez was living at 130-35 126th Street when police responded to a report that he was present at the property in violation of an order of protection. The order, issued in February 2023, required Lopez to “stay away” from his neighbor, but he contends it still permitted him to reside at the address and have incidental contact with the complainant.
Lopez claims that despite showing officers documentation clarifying the order, they arrested and detained him overnight at the NYPD’s 106th Precinct. Officer Rahman then signed the criminal complaint that led to Lopez’s arraignment in Queens County Criminal Court the following day.
Charges dropped weeks later
Court records show Lopez was released after arraignment on June 10 and instructed to return to court later that month. When he did, on June 26, prosecutors dismissed all charges stemming from the arrest, and the case was sealed.
Judge Ross found that Lopez’s allegations, if proven, could establish that police lacked probable cause, a core element in a false arrest claim under both federal and state law. The judge dismissed certain municipal liability and other peripheral claims but ruled the false arrest claim against Rahman could proceed to discovery.
Next steps in the case
The lawsuit, filed in the Eastern District of New York, seeks damages for alleged constitutional violations under 42 U.S.C. §1983 and related state-law claims. With the City’s motion to dismiss only partially granted, Lopez’s case will now move forward toward fact-finding and potential trial on the remaining issues.