Legal Question in Civil Rights Law in New York

Forced to retire from the NYPD

My husband has been a NYCPO for 21 years. Ladt year he was arrested because his ex wife filed charges of aggravated harrassment. This was all over a one time 7 second phone conversation over his sick child. He went throew hell and back with his job in the NYPD. He was arrested in Rockland County, NY by the police officers up there. In the end, he was suspended for almost 6 weeks, humiliated, made to go to domestic violance classes, embarrassed in front of his coworkers and forced into retirement due to all of these factors. In the end, the case was dismissed due to lack of evidence. First of all, we do believe that my husband went through hell even more because he was a Police Officer. Our question, can we now sue his ex wife for malicious prosecution? My husband has since retired and his ex has signed over custody of their children to us. Please let us know if we have any case against her for the horrific act that she has done to degrade this well decorated, much awarded and honorable police officer.


Asked on 12/19/04, 4:08 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Forced to retire from the NYPD

First, this is a very complicated area. I would suggest that your husband consult with a NYPD union attorney regarding his rights against the city for this type of forced retirement.

Second, this really belongs under labor and employment law, not civil rights. You would want to sue his employer for "forced retirement"....not his ex-wife for malicious prosecution.

Third, did he have a right to a hearing on the charges? Much depends on whether he received due process, whether in union arbitration or otherwise.

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Answered on 12/19/04, 8:07 pm


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