A City lawyer conceded in federal court last week that a stop-and-frisk made by a plainclothes officer in Flatbush was unwarranted. "Just looking at the video there didn't appear to be a basis for the stop, that's my humble opinion," Law Department attorney Pernell Telfort told U.S. Magistrate Robert Levy, according to the Daily News. 21-year-old Jurard St. Hillaire is suing the department and alleging that the officer used excessive force by slamming him up against a brick wall as he took video of a police stop on Newkirk Avenue, an activity that is entirely legal so long as you don't interfere with what is happening.
Further eroding the City's case is the fact that the officer recorded no paperwork for the stop, which was caught on a surveillance camera last summer. "This happens numerous times per day and nothing ever happens to the offficers because ... it's not captured on video," St. Hillaire's attorney said. Magistrate judge Levy ordered the parties to reach a settlement in the case (tack that on to the NYPD's legal tab for 2013) but the city continues to deny that the officer used excessive force.
You can watch the video of St. Hillaire's stop here, and read more about how a federal judge has determined that stop-and-frisks in and outside of Bronx housing units were frequently unconstitutional, here.
[UPDATE] A spokesperson for the Law Department emails us with this statement:
"The attorney was not conceding liability at all. The statement was taken completely out of context and was meant to convey the hypothetical worst-case scenario for the City's case."
