Although a jury found three NYPD officers not guilty of participating in the sodomy of a Brooklyn man in a subway station in 2008, the alleged victim's civil lawsuit is going forward. Plaintiff Michael Mineo has named Officers Richard Kern, Alex Cruz and Andrew Morales as defendants in the $400 million dollar suit against the city, but in a surprise move, the Patrolmen's Benevolent Association is trying to add another cop to the list of defendants. The PBA wants Officer Kevin Maloney, who broke ranks to testify against three fellow cops at their criminal trial, named as a defendant.

Mineo's lawyer Kevin Mosley says it smells like payback; Maloney was not arrested and was not named in the suit. Mosley tells the Daily News the PBA's attempt to add Maloney appears to be an act of "betrayal" and "mischief. They're trying to intimidate Maloney. We didn't name him in the complaint because we don't think he did anything wrong. The PBA is trying to hush him up by hoping he'll backtrack his testimony if he's a defendant." But the PBA insists Maloney should be liable for civil damages because he helped handcuff Michael Mineo before, he says, Officer Kern penetrated him with a police baton.