N.Y. police officer charged with civil rights violation

[alp227]

Source: CNN

A New York City police officer is being charged with violating civil rights law after allegedly arresting a black man in Staten Island without cause and later using racial slurs to describe the incident to a friend during a phone call that was intercepted by authorities, court documents say.

Officer Michael Daragjati, 32, was arrested Monday over an April 15 incident in which, investigators say, he falsely claimed the Staten Island man he collared had resisted the arrest by flailing his arms and kicking his legs, according to a criminal complaint unsealed in Brooklyn Federal Court.

In a phone conversation with a female friend the day after the arrest, Daragjati said that by making the arrest he had "fried another n-----," the complaint says.

Daragjati also accused the man, who was carrying no firearm or contraband, of disorderly conduct. Because of his false police report, the victim spent 36 hours behind bars, investigators said in a Justice Department news release.

Read more: http://www.cnn.com/2011/10/17/justice/new-york-police-officer/index.html

[Fire Walk With Me]

1. Facepalm. K&R!

[RKP5637]

2. Good!!! n/t

[grasswire]

3. just wondering how "authorities" "intercepted" the phone call

I have no sympathy for a racist cop.

But I'm wondering about the process that allowed "authorities" to "intercept" a phone call.

[monmouth]

8. He may have had prior "problems." They try to avoid lawsuits I'm guessing...n/t

[grasswire]

9. so the NYPD is monitoring his phone?

an employer can do that?

[monmouth]

12. It's the NYPD,,,Hahaha, they're special..Of course I believe they have

a union so your point is quite valid.

[boppers]

25. An employer can tap their own phones, for one.

(Though, there are constraints about how they use the information).

They can also tap their computers, and their network, (etc.) FWIW. (Do NOT use company equipment for anything personal, private, illegal, suspicious, etc.)

In this case, it's law enforcement, who are allowed to tap phones as a matter of surveillance, provided that they get a) court approval, or b) voluntary tapping by a third party (such as a phone company), or c) their tap would not be in violation of an expectation of privacy (cell phones often broadcast in such a way that anybody with a decent radio receiver can listen in), etc.

In this case, he was being tapped because of suspicion about prior criminal actions.

[tblue37]

13. It sounds as though the other cops (from another unit) who witnessed his

behavior during the arrest raised concenrs that might have led to the monitoring--perhaps with a warrant (?).

[Chakab]

23. He was under investigation for

insurance fraud and his connections to a drug dealer. The Feds had been tapping his phones since January.

[Name removed]

4. Deleted message

Message removed by moderator. Click here to review the message board rules.

[jwirr]

5. This is one sick world we live in.

[jerseyjack]

6. Next Up,

Tony Baloney?

[rlthorn]

7. police officer charged

I would suggest to every, repeat every, person at OWS and all other such activities who is touched in any way by any an employee of any governmental agency, police, etc. immediately file a civil rights law suit against such individual and the governmental agency he/she represents. Flood the courts with suits that must be addressed individually. Also file complaints with the police of an assault and battery and pursue the complaint to the extent that the complaint must be dealt with. These actions will ultimately insure that the police will begin to use more discretion in exercising their authority, whatever authority they have. Get the ACLU involved and volunteer lawyers.There are any number of new lawyers who are unemployed and could use the work. Robert Thornton

[monmouth]

10. Great advice and welcome to DU!...n/t

[Ian David]

20. Abuse of Process

Abuse of Process

he use of legal process to accomplish an unlawful purpose; causing a summons, writ, warrant, mandate, or any other process to issue from a court in order to accomplish some purpose not intended by the law.

For example, a grocer rents a small building but complains to the landlord about the inadequate heating system, leaks in the roof, and potholes in the driveway. When the landlord fails to make the required repairs, the grocer decides the property is worth less and deducts $100 a month from his rent payments. The landlord starts a lawsuit to either recover the full amount of rent due or to oust the grocer and regain possession of the premises. The law in their state is fairly clear on the question: a tenant has no right to force a landlord to make repairs by withholding a portion of the rent. The landlord knows that she has a good chance of winning her case, but she also wants to teach the grocer a lesson. On the first three occasions that the case comes up on the court calendar, the grocer closes his store and appears in court, but the landlord does not show up. On the fourth occasion, the landlord comes to court and wins her case. The grocer, in a separate action for abuse of process, claims that the landlord is using the court's power to order him to appear simply to harass him. The court agrees and awards him money damages for lost income and inconvenience.

Abuse of process is a wrong committed during the course of litigation. It is a perversion of lawfully issued process and is different from Malicious Prosecution, a lawsuit started without any reasonable cause.

More:
http://legal-dictionary.thefreedictionary.com/Abuse+of+Process

[dixiegrrrrl]

22. See this:

Occupy Wall Street To NYC: Drop Charges Against 800 Or We Will March To Court For Every Trial

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x2136188

[virgogal]

24. Seems like you want trouble. eom

[No Elephants]

26. Saying that people touched by the cops should file suit is wanting trouble? Wow.

[SkyDaddy7]

11. Probably a 10 to 1 or higher ratio of cops who get away...

with crap like this on daily basis! This is just disgusting!

[Hassin Bin Sober]

15. More like 100 to 1.

[cosmicone]

17. More like 100,000 to one. n/t

[tblue37]

14. Wow. You should read the comments on the article. They're disgusting! nt

[alp227]

16. no they're not, click on "most liked" nt

[tblue37]

18. I just read the ones that were there when I looked at the article--

and they were incredibly racist. The "most liked" ones are the opposite, but the majority of the ones that are not filtered are terrible.

[Amonester]

19. the comment section must have been 'freeped'

these teaRoari$t$ R very 'brave' behind a screen...

[dixiegrrrrl]

21. Oh, that is going to be one very very expensive FUBAR.

Great timing, too.

[No Elephants]

27. K & R Tony Baloney next, please.