False Arrest: A Case Study

• P alleges assault and false arrest. P alleges that he is a MTA driver and he was operating his bus down Lexington Avenue. P alleges that MOS had stopped all traffic at 42 Street and Lexington Avenue causing his bus to stop. P alleges that while inside the bus he attempted to ask MOS why traffic was stopped, MOS Kane approached the bus and began to yell at P. P states that he waited 15 minutes then exited the bus and approached MOS Kane’s marked vehicle. P states that he began to write down MOS Kane’s vehicle number, which he needed to fill out a report for his MTA supervisors to explain the delay. P alleges that MOS Kane became anger and ran towards him. P states that MOS Kane ordered him get back on the bus. P states that MOS Kane pushed him twice and shoved him into the bus’s step. P alleges that he called 911 and his MTA

P’s MTA bus was stopped and P asked MOS what was happening and MOS Kane approached P and stated that it was an emergency. P stated that explanation was not good enough and MOS Kane stated again that he would explain later and MOS Kane went back to stopping traffic. After a couple of minutes, P exited the bus, with the doors opened, approached MOS Kane’s NYPD vehicle. P informed MOS that he needed the RMP #, MOS name and badge# and why the bus was stopped. MOS stated again that that he would explain everything later and MOS Kane grabbed P’s wrist and placed his hand on P’s shoulder and escorted P to the bus. Then, MOS Kane went back to stopping traffic. P had called 911 and P and several eye witness were taken to the 17th precinct. Cpt. Baudette interviewed the eyewitness and decided to arrest P. P was issued a DAT for OGA. MOS Gonzales was at the scene however she did not witness the interaction between MOS Kane and P at the bus’s