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Friday, January 23, 2015

Wrongful Arrest Offer of Judgment accepted by Brooklyn Man

Following an allegation of a wrongful arrest in East Flatbush, Brooklyn, Jeffrey D. has accepted the City of NY's offer of judgment to finally resolve his federal court complaint that alleged a false arrest and other claims. 

Statement of Facts as Plead Within Jeffrey's Amended Complaint

At or about 7PM on May 19, 2014, Jeffrey had been driving his 2011 Jeep Grand Cherokee in East Flatbush Brooklyn at or near Avenue D and Nostrand Avenue. Although he had not committed any traffic infractions or violations to warrant his being stopped, numerous NYPD officers started following him and signaled for him to pull over. Back-up was called and Jeffrey was told that the reason he was stopped was that the tint on his windows was too dark.

Subsequently, Jeffrey was arrested and transported to the 67th Precinct for processing. At the precinct, an NYPD officer explained to Jeffrey, "Now you're in my house," "You can't talk shit anymore," and "You're not going home." Therafter, he was transported to Central Booking to await his criminal court arraignment. At arraignment, Jeffrey learned that he had been charged with violating NY PL 195.05, Obstructing Governmental Administration in the third degree and an equipment violation of violating VTL 375.12, commonly referred to as tinted windows. The case was ACD, or adjourned in contemplation of dismissal at arraignment.

Following his release, Jeffrey retained the Law Firm of Michael J. Redenburg, Esq. PC to file a complaint in federal court on his behalf. Michael Redenburg represented Jeffrey and currently represents dozens of individuals in lawsuits against the City of NY in false arrest and stop and frisk lawsuits. 


Friday, January 16, 2015

Brooklyn Criminal Defense Attorney Has Assault Charges Against Client Completely Dismissed

The law firm of Michael J. Redenburg, Esq. PC successfully represented a client in Brooklyn Criminal Court who had been charged with multiple misdemeanor charges. In the matter of the State of NY v. MQ, the client was criminally charged with Violating NY PL 120.00, Assault in the Third Degree; NY PL 121.11(A), Criminal Obstruction of Breathing or Blood Circulation; NY PL 110/120.00(1), Attempted Assault in the Third Degree; NY PL 120.15, Menacing in the Third Degree; NY PL 240.26(1), Harassment in the Second Degree. On January 16, 2015, the People of the State of New York conceded that they had not met their burden to move forward with the criminal case and the matter was completely dismissed.

Michael Redenburg represented MQ and has successfully tried numerous cases to verdict, including felony jury trials venued in Richmond County and Kings County, NY, as well as bench trials in both Kings County and New York County. In 2010, Mr. Redenburg was successful in achieving a "not guilty" verdict in favor of his client who was charged with DWI and various other charges. In 2013, Attorney Redenburg obtained acquittals for two clients in a row - one in a Strangulation Case and the other in a Sex Abuse Case. Additionally, Mr. Redenburg is often successful in achieving favorable "plea bargains;" favorable pre-trial dispositions for his clients facing criminal charges, where appropriate. He has handled hundreds of criminal cases, including DWI, shoplifting, assault, drug crimes and domestic violence cases throughout Brooklyn, Manhattan, Bronx, Staten Island and Queens.

Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014 Michael Redenburg was named a SuperLawyer, 2014 NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Michael Redenburg has been named a 2015 Top 40 Under 40 attorney for the second year in a row by the American Society of Legal Advocates. Such selection is the culmination of an annual process in which ASLA's lawyers researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 category, selected less than 1.5% of lawyers overall nationwide.

Thursday, January 15, 2015

Bronx Wrongful Arrest Attorney Files Complaint on Behalf of Raphael P.

Alleging a false arrest in Bronx County, NYC, Raphael P. filed his lawsuit in the Southern District of NY on January 15, 2015, which includes multiple causes of action regarding the violation of his civil rights. The civil case number is 15-cv-00279 and complains of an Incident that took place on August 7, 2014.

Allegations Within the Complaint

At about 10:40 AM, Raphael was in the back seat of an automobile being driven by his brother's co-worker at or near the intersection of Grand Concourse and 188th Street, Bronx County, NY. A marked NYPD vehicle signaled for them to pull over and they complied. An officer then went to the front passenger side of the vehicle and told Raphael's brother to produce identification which he began to look for. Next, the officer called for "back-up" and when the other officers arrived, Raphael was arrested and charged with disorderly conduct. He was then taken to the 46th precinct where he was fingerprinted, photographed and processed.

Raphael spent about seven hours at the police precinct and then later spent about twenty-four hours at Central Booking. At his Criminal Court Arraignment he was released on his own recognizance ROR and then returned to court three more times before the case was completely dismissed.

Michael Redenburg represents Raphael and regularly represents victims of wrongful arrest, stop and frisk and false arrest in lawsuits against The City of New York in federal court, and has successfully represented dozens of citizens who have been victimized by the NYPD in wrongful arrest & stop and frisk lawsuits.

Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014 Michael Redenburg was named a SuperLawyer, 2014 NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Michael Redenburg has been named a 2015 Top 40 Under 40 attorney for the second year in a row by the American Society of Legal Advocates. Such selection is the culmination of an annual process in which ASLA's lawyers researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 category, selected less than 1.5% of lawyers overall nationwide. 


Sunday, January 11, 2015

Brooklyn Wrongful Arrest Lawyer Files Amended Complaint on Behalf of Danyell S.

On January 9, 2015, Danyell S. amended his complaint filed in federal court to add the names of the individual NYPD officers who he alleged were involved in his April 4, 2013, false arrest. Danyell alleges that as he was parking his car in the vicinity of Jamaica Avenue and 88th Street, in Queens, NY, he was approached by an unknown man who turned out to be an NYPD officer. The plain clothes undercover officer began banging on Danyell's car window and then asked Danyell to step out of his automobile. A search of Danyell's person followed, which included rummaging through his automobile and throwing about his personal belongings. The impermissible search revealed that Danyell had a utility knife in his pocket, which he had been using to tape his bicycle. He was then arrested and placed under arrest.

Danyell was taken to the police precinct for processing and then transported to Central Booking to await arraignment. At arraignment, he learned he was being charged with violating NY PL 265.01 and VTL 1163c. After arraignment, he was taken to Riker's Island. After spending about twenty-four (24) hours at Riker's Island, he was taken to Elmhurst Hospital where he spent 2-3 days before being taken to Bellevue Hospital. On May 9, 2013, the criminal charge and VTL charge that had been levied against him were completely dismissed.

Michael Redenburg represents Danyell and regularly represents victims of wrongful arrest, stop and frisk and false arrest in lawsuits against The City of New York in federal court, and has successfully represented dozens of citizens from Queens, Bronx, Manhattan, Brooklyn and Harlem who have been victimized by the NYPD in wrongful arrest & stop and frisk lawsuits. 

Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014 Michael Redenburg was named a SuperLawyer, 2014 NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Michael Redenburg has been named a 2015 Top 40 Under 40 attorney for the second year in a row by the American Society of Legal Advocates. Such selection is the culmination of an annual process in which ASLA's lawyers researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 category, selected less than 1.5% of lawyers overall nationwide.           


Friday, January 09, 2015

Former HealthEx Driver From Orange County NY Files His Consent to Join Pending Class & Collective Action Lawsuit

A former driver of HealthEx Corp. from Orange County, NY has filed his Consent to Join in the pending Class and Collective Action lawsuit filed in the Eastern District of New York. In so doing, the former driver has affirmatively opted-in to the collective action and his statute of limitations has been tolled as to his federal claims. The case is 13-CV-2541 and the Second Amended Complaint was filed on July 9, 2014. 

Allegations Made by Drivers Within Their Second Amended Complaint Against HealthEx

The 3 named Plaintiffs and ten (10) current opt-in Plaintiffs are all former delivery drivers for HealthEx. The former drivers all allege that they were misclassified as independent contractors, when in fact, they were really employees of HealthEx. The practical consequence of this misclassification, the former drivers state, is that they were denied minimum wages and overtime pay as required under federal and state law. The drivers also assert that their compensation was subject to improper deductions that did not accrue to the drivers' benefit. 

The named Plaintiffs ask, among other things, that they be designated as representative plaintiffs of the putative representative action plaintiffs; and that their counsel of record, Osman & Smay, LLP and Michael J. Redenburg, Esq. PC be designated as Class Counsel of the putative members of the FLSA Collective Action and Rule 23 Class Action, if and when it is certified as such.

In reference to Mr. Redenburg's class action work, where he represents employees who are denied minimum wage and/or overtime pay, misclassified as exempt, or misclassified as independent contractors, Attorney Redenburg has handled such matters in the Eastern District of NY, Southern District of NY, Northern District of NY; and has also been admitted pro-hac vice to handle overtime pay class actions in NJ and Pennsylvania. Along with co-counsel, he has actually recovered for the more than one hundred clients he's represented, hundreds of thousands of dollars for hard working people. 

Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014 Michael Redenburg was named a SuperLawyer, 2014 NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Michael Redenburg has been named a 2015 Top 40 Under 40 attorney for the second year in a row by the American Society of Legal Advocates. Such selection is the culmination of an annual process in which ASLA's lawyers researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 category, selected less than 1.5% of lawyers overall nationwide.  

To obtain more information about this pending lawsuit against HealthEx, current and former drivers may contact Michael J. Redenburg, Esq. at 212-240-9465. 


Wednesday, January 07, 2015

Protestor Arrested for Attacking Police Officer

How can protesting lead to criminal charges?


Amid the nationwide controversy over police conduct in the Michael Brown and Eric Garner cases many cities across the country have been the scene of protests.  While the right to peaceful protest is guaranteed by the United States Constitution, these demonstrations do not always go as planned.  Due to the large number of people and high emotions often involved, protests sometimes have the potential to turn violent.  When this happens, those implicated can face criminal charges.  A young New York City man has recently been arrested as a result of this type of situation.

After the grand jury decided not to indict the police officers involved in the Eric Garner case, a group came together on the Brooklyn Bridge to protest.  Officers claim that at some point, CUNY professor, Eric Linsker, attempted to throw a garbage can into traffic.  Police intervened and a physical altercation ensued.  The group allegedly began attacking the two police officers that had been monitoring the situation.  The officers suffered minor injuries including a broken nose.

One student, Jarrod Shanahan, is accused of assaulting the officers while wearing a ski mask.  Prosecutors allege that Shanahan wore the ski mask so that no one knew who he was.  His attorney argues that he was wearing the ski mask to keep warm as he was out on the Brooklyn Bridge in the cold December weather.  During the altercation, one of the officers grabbed the mask off Shanahan and it was used prove that he was the perpetrator using DNA analysis.  

Shanahan then turned himself in on New Year’s Day and was charged with assault in the second degree, resisting arrest and obstruction of governmental administration.  He remained in custody and his bail was set at $20,000 cash and $25,000 bond.

Assault is a serious crime and assaulting a police officer can lead to even more severe penalties.  Michael J. Redenburg, Esq. is an experienced criminal defense attorney and regularly represents individuals accused of assault.  If you have been accused of this type of crime, contact his office today at (212)240-9465. 

Wednesday, December 31, 2014

Five-Figure Settlement for Firm's Client Who Alleged a Brooklyn False Arrest

Rishon B. accepted the City of New York's five-figure settlement offer on December 30, 2014, to resolve the allegations contained within his federal lawsuit filed in the Eastern District of NY. The settlement was reached at an early settlement conference before the Honorable James Orenstein.

Allegations within the Complaint had included that Rishon was essentially stopped and frisked while exiting a Family Dollar store located in Brooklyn, New York. He was arrested and criminally charged, but was eventually let out the side door of Brooklyn Central Booking without ever even seeing a judge at arraignment because the Kings County District Attorney's Office declined to prosecute him, commonly referred to as DP. The Complaint further alleged that the NYPD officers involved engaged in an unlawful stop and search of Rishon because they had no reasonable suspicion or probable cause to believe a crime had been committed, or was about to be committed, to justify stopping him.  Rishon had also alleged within his federal court filing, that the NYPD officers used excessive force against him by physically throwing him into a concrete wall and kicking him, which he claimed was objectively unreasonable in light of the fact that he had no weapons on contraband with him.

Michael J. Redenburg regularly represents victims of false arrest, stop and frisk and wrongful arrest throughout Brooklyn, Queens and Manhattan.


Wednesday, December 24, 2014

Manhattan False Arrest Lawsuit Filed by Wendell T.

Attorney Michael Redenburg has filed a false arrest lawsuit in federal court on behalf of his client, Wendell T., alleging false arrest, fabrication of evidence, unreasonable force and other causes of action. The case is 14-cv-10109 and was field in the Southern District of New York on December 24, 2014.

Allegations Within the Complaint 

Wendell T. is a 24 year old African American man with no criminal record and who is planning to take the entrance exam for law school in the near future. On December 12, 2014, he was on his way to pick-up his girlfriend who had been attending her employer's holiday party in the SoHo section of Manhattan. When he arrived, he noticed that his girlfriend was bleeding from the lip after she had tripped up the stairs. EMS and NYPD officers arrived on the scene, but Wendell's girlfriend declined medical attention. The NYPD officers the handcuffed his girlfriend for refusing medical attention and she and Wendell went together in the ambulance to the hospital.

Once at the hospital, Wendell asked the officers why his girlfriend was handcuffed and they responded that she was "delusional." A hospital staff nurse asked Wendell to come inside to provide the nurse with his girlfriend's personal information and Wendell did so. Thereafter, an NYPD officer grabbed Wendell  by the arm and handcuffed him, placing him under arrest. The handcuffs were excessively tight and they were not loosened until his second request to do so was made. He still suffers pain and numbness in his left hand and plans to seek medical attention.

After being transported to the 1st precinct for processing, Wendell was taken to Manhattan Central Booking for arraignment. Wendell was charged with Obstructing Governmental Administration, OGA, and the matter was adjourned in contemplation of dismissal at his arraignment.

Attorney Michael Redenburg represents Wendell and is currently representing two dozen individuals who have filed lawsuits against the City of New York and the NYPD officers who arrested them .


Wednesday, December 10, 2014

MTA Worker Receives $25K Settlement for Wrongful Arrest

Can You Sue After Police Abuse?


Daniel Zajackowksi worked as an MTA transit planner.  As he walked along a street in Brooklyn, perhaps it seemed natural to him to give advice to police on how they could improve traffic at a Bushwick Avenue intersection.  So he approached nearby NYPD officers and gave them his assessment. 

The cops did not appreciate his free analysis, however.  They handcuffed him, threw him in a van, and took to him a nearby police precinct house where he was briefly detained.  The police held Zajackowksi, who has Master’s Degree from Hunter College and who also sings in a punk rock band, for two hours before giving him a desk appearance ticket for disorderly conduct and releasing him.  His girlfriend, who had been strolling with him and who witnessed the entire episode, was deeply shaken by it.

Though the charges were dropped, Zajackowski filed suit against the police department in Brooklyn federal court.  According to his lawsuit, he approached the police offers as a "concerned citizen" and offered his views calmly with the goal of improving traffic safety.

Now he has reached a settlement with the police department and will receive $25,000.

Harassment, mistreatment, and wrongful arrest are, sadly, all too common in the current law enforcement environment.  If it happens to you, however, you are not powerless.  A skilled attorney may be able help you get the charges dropped and, in some cases, obtain compensation for you.  The Law Firm of Michael J. Redenburg, Esq. has years of experience in all types of criminal defense and has successfully handled many false arrest cases.  If you feel you have been unfairly arrested or detained, contact our office at (212)240-9465 so we can discuss your situation and your options for moving forward. 

Monday, December 01, 2014

What Must Be Shown for a Successful False Arrest Case?

A "false arrest" occurs when a police officer (or a private person or business, depending on the circumstances) detains or confines a person against his or her will without proper legal authority. A false arrest could violate federal civil rights law and state common law.  A lack of proper authority for the arrest could be used by a criminal defense attorney to have the charges dismissed, but a false arrest case is a separate, civil lawsuit.

The definition of false arrest is generally the same under federal and state law. Procedural rules under both sets of laws are very different. Failing to comply with them could result in a case being dismissed. 

Under federal law a false arrest claim is based on the Fourth Amendment of the U.S. Constitution, which states in part:  "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…"  A false arrest involves the "unreasonable" "seizure" of a "person" which is in essence prohibited arrest without probable cause.  State law uses the same definition.

Probable cause means "information sufficient to support a reasonable belief that an offense has been committed by the person to be arrested."  It does not mean proof beyond a reasonable doubt, proof by a preponderance of the evidence or that the person is guilty.  It is a very low standard, one that is usually satisfied by law enforcement performing their jobs competently and in good faith.  

The existence of probable cause is a complete defense to an action for false arrest, under both federal law and state law, even if the person is innocent of the underlying crime.  The plaintiff has the burden of proof and could show there was no probable cause for the arrest if there is evidence that the police officer lied about what happened, wrongly assessed the situation, or acted in bad faith.

To pursue a false arrest action under state law in New York City, a notice of claim must be filed with the city’s Comptroller's Office within ninety days of the false arrest. The notice of claim must be completed and filed properly. Errors in the process can result in the dismissal of your lawsuit. Under federal law, there is a three year statute of limitations and there is no notice of claim requirement.  

If you live in the New York City area and believe you have been falsely arrested, contact Michael J. Redenburg at (212)240-9465 to schedule a consultation today. 


Sunday, November 16, 2014

Court Says Performance Fees Paid to Exotic Dancers Do Not Offset Minimum Wages

In a very interesting case entitled Sabrina Hart et. al. v. Rick's Cabaret International, Inc. et. al., 1:09-cv-03043, Judge Engelmayer recently ruled on multiple issues concerning the monies that exotic dancers a/k/a strippers are entitled to as employees. In an earlier decision dated 09/10/13, the Court ruled that exotic dancers at the New York City club Rick's Cabaret were not independent contractors, as Rick's contended, but rather, the dancers were employees and therefore entitled to the protections afforded by the New York Labor Law and the Fair Labor Standards Act. Importantly, in a decision dated November 14, 2014, the Court ruled that performance fees paid by customers to dancers do not offset the employer's obligation under the Fair Labor Standards Act or the New York Labor Law to pay the dancers minimum wages. 

The Court found that the club was liable for retaining gratuities in violation of NYLL 196-d, more specifically, the $2.00 the club retained without telling customers, concerning "Dance Dollars" purchased by credit card by customers. NYLL Section 196-d reads: "no employer or his agent...shall demand or accept, directly or indirectly, any part of the gratuities, received by an employee, or retain any part of a gratuity or of any charge purported to be a gratuity for any employee. The Court looked to a New York Court of Appeals case, Samiento v. World Yacht, Inc., 10 N.Y.3d 70 (2008) and reasoned that under the standard set forth in that case, a customer would regard a $20 payment for a personal dance - regardless of the form that payment took - as "purported to be a gratuity." The Court then ruled that the club violated NYLL 196-d when it retained $6 and not $4 from each redeemed dance dollar. 

 The Law Firm of Michael J. Redenburg, Esq. PC along with the Law Firm of Osman & Smay LLP (Matthew Osman admitted pro-hac vice), is currently representing exotic dancers who worked at a NY club known as Scandals located in Long Island City, NY. Many of the issues presented in the case are at least similar to the issues presented in the Rick's Cabaret case. Many adult clubs in NY, and indeed throughout the country have long labeled the dancers that work at the clubs as independent contractors therefore denying them important rights that they would otherwise be entitled to under the FLSA and NYLL. 


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