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Alvarez v. City of New York

Rights Suit Partly Dismissed; ADA Absolutely Immune, Officers Have Qualified Immunity

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OPINION AND ORDER On May 15, 2010, the vehicle in which plaintiff Carlos Alvarez and three companions were riding was hit from behind by another vehicle that fled the scene. (Fifth Amended Complaint (“FAC”), ECF 59 at 10.) Alvarez and his companions followed the car, and when it stopped, they approached the driver and passenger in the vehicle. (Id. 12.) They returned to their vehicle after a brief conversation with the driver and passenger of the other car and drove away, whereupon the vehicle in which Alvarez was travelling was stopped and he alleges he was arrested without probable cause. (Id.

13-14.) One officer of the New York City Police Department (“NYPD”), Alexis Soto, is alleged to have fabricated a claim of a knifepoint robbery by Alvarez of the driver and passenger of the other vehicle. (Id. 16.) At the trial of Alvarez, Officer Soto is alleged to have delivered false testimony. (Id. 24). Officer Soto, according to the FAC, became “hysterical” on the stand when confronted by Alvarez’s lawyer, and the Assistant District Attorney prosecuting the case purposefully prompted a mistrial. (Id. 32). At his second trial, a jury found Alvarez guilty of Robbery in the First Degree. (Id. 38). In 2021, his conviction was reversed after an appellate court determined that his retrial violated constitutional prohibitions against double jeopardy. (Id. 47). Alvarez brings section 1983 claims against the City of New York (the “City”), four NYPD Officers-Alexis Soto, Jonathan Katz, Carlos Rivera, and Muhammad Abuhaikal1 — in their individual and official capacity, and a Bronx County Assistant District Attorney, Jennifer Kim, in her individual and official capacity, alleging that they deprived him of rights under various constitutional provisions. (Id.

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