FOR IMMEDIATE RELEASE

Four Men File Notice of Claim Alleging NYPD Officers Targeted Them Without Cause, Assaulted One, and Attempted to Obstruct Evidence

New York, NY – February 9, 2025 – A Notice of Claim has been formally filed with the New York City Comptroller’s Office on behalf of Claimants Benjamin A. Trye, Alister Alexander, Wilfred R. Trye, and Harold B. Thomas, alleging racially discriminatory policing practices, unconstitutional stops, excessive force, and wrongful arrests by officers of the New York City Police Department (NYPD). The filing details a December 7, 2024, incident in Queens where Claimants were unlawfully stopped, physically assaulted, and detained without legal justification.

Allegations in the Notice of Claim

The Notice of Claim alleges that on December 7, 2024, at approximately 4:00 a.m., Claimants Benjamin A. Trye, Alister Alexander, Wilfred R. Trye, and Harold B. Thomas were legally traveling in a 2021 Mercedes-Maybach Sedan S580 with New York Registration KZY 2940 in Queens when they became the targets of an unlawful and discriminatory police stop. The claim asserts that the Claimants had recently patronized Starlet’s of New York, located at 49-09 25th Avenue, Woodside, NY 11377, and were proceeding northwest on 25th Avenue toward 49th Street when they were subjected to what they describe as a racially motivated pretextual stop.

According to the Notice of Claim, Claimant Trye, the driver, observed an unmarked dark vehicle ahead of him and another behind him, maneuvering in a manner that appeared to box in his vehicle. Upon reaching the traffic light at 49th Street, Claimant Trye initiated a right turn onto 49th Street, heading northeast. Immediately after completing the turn, the dark vehicles suddenly activated their emergency lights, signaling for Claimant Trye to stop.

The Notice of Claim asserts that this vehicle stop was unlawful and racially motivated, lacking reasonable suspicion or probable cause.

The claim further states that an unidentified male approached the driver’s side window and declared that the tint on the windows was too dark. The individual, later identified as Police Officer Brian A. Guzman (Shield No.: 22997, Tax Registry No.: 971080), then ordered Claimant Trye to exit the vehicle. However, Officer Guzman failed to use a tint meter to measure the visible light transmission (VLT%) of the windows, as required under New York Vehicle and Traffic Law (VTL) § 375(12-a)(2), rendering any issued citation unenforceable and unconstitutional.

The Claimants allege that this traffic stop was pretextual and based solely on an officer’s subjective visual estimation, which does not meet the legal standard for enforcement. The Notice of Claim alleges that the NYPD routinely applies window tint laws disproportionately against Black and Latino drivers as a justification for stops, searches, and interrogations in a pattern of racial profiling.

Escalation and Use of Excessive Force

As the stop escalated, Sergeant Eumir M. Ferrer (Shield No.: 2512, Tax Registry No.: 943232) approached the passenger side and aggressively ordered Claimant Alexander to exit the vehicle, shouting, “Get the f* out of the car.”** Claimant Harold N. Thomas, not understanding what was occurring, attempted to display Police Benevolent Association (PBA) cards, which Sergeant Ferrer discarded.

At that moment, Claimant Alexander heard a commotion and observed Claimant Thomas falling out of the vehicle and landing on the ground near the curb. He saw multiple NYPD officers surrounding Claimant Thomas, who was facedown on the pavement, while Police Officer Guzman and Police Officer Anthony N. Riccardi (Shield No.: 13105, Tax Registry No.: 970134) repeatedly punched him in the head, face, and body.

The Notice of Claim further alleges that while this assault occurred, Sergeant Ferrer and Lieutenant Andrew C. Dickson (Tax Registry No.: 943170) stood idly by and did not intervene.

Claimant Alexander, who was recording the incident, asserts that several officers, including Sergeant Ferrer, used flashlights to obstruct his camera view. Additionally, officers allegedly turned off their body-worn cameras to conceal their actions.

The Notice of Claim also states that Lieutenant Dickson falsely denied that officers had struck Claimant Thomas.

False Arrest and Prolonged Detention

The Notice of Claim states that the driver, Claimant Trye, was handcuffed and ultimately issued a summons for a VTL § 375(12-a)(2) window tint violation despite Police Officer Guzman failing to measure the tint with a legally required tint meter.

Claimant Thomas was charged with Obstructing Governmental Administration and Resisting Arrest despite not physically interfering with police activity.

Claimant Trye, the driver, and Claimant Thomas were transported to the 114th Precinct, where Trye was detained in a holding cell for several hours before being released with a universal summons. Thomas was allegedly held for 7.5 hours in a holding cell before being transferred to Queens Central Booking, where he remained for an additional 10 hours.

At Claimant Thomas’s arraignment before the Honorable Edward Daniel in Criminal Court, Part AR3, Docket No.: CR-042168-24QN, his case was adjourned in contemplation of dismissal (ACD) without his consent.

Harold Thomas Transcript- 12.7.24

Post-Arrest Allegations and City’s Response

The Notice of Claim alleges that on the morning of December 7, 2024, Claimant Thomas’s mother, retired NYPD Detective Second Grade Ila Thomas (Quality Assurance), was denied visitation at the 114th Precinct in what is described as an attempt to suppress evidence of the brutal police assault.

Later that afternoon, Claimant Thomas’s father, retired NYPD Detective First Grade Harold Thomas Sr. (Joint Terrorism Task Force), engaged in discussions with Mayor Eric L. Adams, former Chief of Department Jeffrey B. Maddrey, and former Chief of Internal Affairs Miguel A. Iglesias. These officials allegedly admitted to reviewing multiple body-worn camera (BWC) videos, including footage from Police Officer Riccardi, and confirmed that none of the Claimants had violated any laws. However, despite acknowledging the lack of any legal justification for the arrests or use of force, no action was taken against the officers, and the matter was not referred to the Queens District Attorney’s Office – Public Corruption Bureau or the U.S. Attorney’s Office for the Eastern District of New York.

Officer Profiles

The Notice of Claim details prior documented misconduct allegations against the officers involved in the incident:

• Lieutenant Andrew C. Dickson has a history of excessive force complaints, racial bias, and lawsuits related to civil rights violations.
• Sergeant Eumir M. Ferrer has had multiple substantiated allegations of excessive force, unlawful stops, and retaliatory summonses.
• Police Officer Brian A. Guzman has been named in multiple lawsuits with financial settlements related to excessive force and civil rights violations.
• Police Officer Anthony N. Riccardi has been accused of failure to provide legally required identification and excessive force, reinforcing patterns of misconduct.

NYPD Statistical Data

An analysis of NYPD vehicle stops in Q4 2024 reveals stark racial disparities:

• Black individuals accounted for 29.8% of all stops despite comprising only 22.7% of NYC’s population.
• White individuals accounted for only 17.8% of stops despite making up 35.9% of the population.
• Neighborhood Safety Team (NST) officers were responsible for a disproportionate number of unlawful stops, with 42% of their searches ruled unconstitutional.

These Claimants allege that the statistics support the assertion that the NYPD engages in racial profiling and selective enforcement.

Findings from the Floyd Monitor’s 23rd Report

The Floyd Monitor’s 23rd Report, which evaluates NYPD compliance with court-ordered reforms, found:

• 95% of stop reports and 93% of body-worn camera (BWC) footage involved Black or Hispanic individuals.
• 42% of frisks and 46% of searches were unlawful.
• Supervisors failed to intervene in cases of racial profiling, approving 99.1% of stop reports as ‘lawful’ even when unconstitutional.

Pattern of NYPD Misconduct and Similar Cases of Civil Rights Violations

The NYPD has a long and documented history of excessive force, racial profiling, and unconstitutional policing—particularly in communities of color. Mr. Ryan’s case is not an isolated incident but rather part of a systemic problem that has resulted in wrongful deaths, excessive force incidents, and legal settlements costing taxpayers millions of dollars.

Notable similar cases include:

• Eric Garner (2014): Died after NYPD Officer Daniel Pantaleo placed him in a prohibited chokehold while arresting him for allegedly selling loose cigarettes. His final words, “I can’t breathe,” became a national rallying cry against police brutality.
• Delrawn Small (2016): Shot and killed by an off-duty NYPD officer during a road rage incident. Video evidence contradicted the officer’s self-defense claims, yet no conviction followed.
• Kawaski Trawick (2019): Shot and killed inside his apartment after NYPD officers entered without cause and escalated a non-threatening situation into a fatal encounter.
• Dounya Zayer (2020): Knocked to the ground by an NYPD officer during the George Floyd protests, resulting in severe head trauma.
• Jaylin Ryan (2024): Ryan alleges false arrest, excessive force, and racial discrimination after officers handcuffed and punched him in the face, fracturing his jaw during a December 28, 2024, incident in the Bronx.

Legal Claims Asserted Under:

1. Federal Laws:

• Fourth Amendment Violations – Unlawful Search & Seizure, Excessive Force (42 U.S.C. § 1983)
• Fourteenth Amendment Violations – Equal Protection, Due Process (42 U.S.C. § 1983)
• False Arrest and Unlawful Detention – (42 U.S.C. § 1983)
• Excessive Force and Police Brutality – (42 U.S.C. § 1983)
• Racial Profiling and Selective Enforcement – (42 U.S.C. § 1983) Violation of Equal Protection Clause
• Failure to Intervene – (42 U.S.C. § 1983) Liability for officers who failed to stop excessive force
• Malicious Prosecution – Fourth and Fourteenth Amendments (42 U.S.C. § 1983)
• Retaliation for Exercising Constitutional Rights – First Amendment Violation (42 U.S.C. § 1983)
• Monell Monell Liability (Municipal Liability) – City of New York: Failure to Train, Supervise and Discipline permitting a pattern of unconstitutional conduct.

2. New York City Local Laws:

• New York City Human Rights Law (Administrative Code § 8-107) – Discriminatory Policing and Racial Profiling

Call For Immediate Action

The Sanders Firm, P.C. demands immediate accountability for the NYPD’s egregious civil rights violations. The brutal assault, false arrests, and racial profiling detailed in this case reflect a systemic failure in policing and oversight. We call upon:

• Mayor Eric L. Adams and NYPD Commissioner Jessica A. Tisch to launch an independent investigation into the involved officers and their supervisors.
• The Queens District Attorney and the U.S. Attorney’s Office for the Eastern District of New York to pursue criminal charges against officers who engaged in or facilitated the assault and false arrests.
• The New York City Council and State Legislature to strengthen oversight and pass reforms preventing racial profiling and excessive force.
• Community members and civil rights advocates demand transparency, justice, and systemic change.

We will not tolerate unchecked police violence and will pursue every legal avenue to hold the City of New York accountable.

STATEMENT FROM THE SANDERS FIRM, P.C.

Eric Sanders, Esq., of The Sanders Firm, P.C., stated:

“The violent and unconstitutional treatment of these four men by the NYPD is a direct violation of their civil rights and another glaring example of racial profiling and police brutality. The officers involved acted with impunity, escalating a baseless stop into a violent assault, while supervisors failed to intervene. This case is not an isolated incident—it is part of a deeply entrenched pattern of misconduct. The failure to discipline or prosecute officers who engage in excessive force and false arrests only emboldens further violations. We will fight relentlessly for justice, accountability, and civil rights protection for all New Yorkers.”

Contact:

For media inquiries, legal commentary, or to support Mr. Ryan’s case, contact:

The Sanders Firm, P.C.
30 Wall Street, 8th Floor
New York, NY 10005
Phone: 212-652-2782

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New York City Comptroller’s Notice of Claim 

New York Daily News