Category: Civil Law

Leading both criminal defense and civil law teams, David Schwartz and the attorneys at Gerstman Schwartz Malito successfully defended a man improperly charged with felony assault and won his federal civil right suit against the city of  New York.  Lead attorney David Schwartz says,

  “We are ecstatic that the jury ruled in our favor and the jury truly did its job in deciphering which narrative was truthful. Our case was all about justice for an innocent motorist who had his civil rights abused on that July day. When one of our citizens rights are violated by a brutal attack by the police, then all of us are violated. The only way to gain justice is through the civil court system and we must bring more of these cases as a system of checks and balances”.

The story is covered here by The New York Post:

A Queens construction worker scored $15,000 from the city because a pointed a gun at him during a routine traffic stop — and holstered it only when the worker’s pal pulled out a cellphone.

Mark Fullerton, 47, claimed in a Brooklyn federal lawsuit that NYPD Officer Michael Fitzgibbon approached him in Queens in July 2013 as he adjusted materials in the back of his truck on the side of the road.

Fullerton claims the cop ordered him into his car, then bashed him in the face and pointed a pistol at him and his co-worker, Michael Webber.

According to Fullerton’s lawsuit, Webber pulled out a cellphone and Fitzgibbon retreated as they hit the gas and fled to a station house.

“Mark had a gun pointed at his head,” said Fullerton’s attorney, David Schwartz. “He was afraid for his life.”

But Fullerton ended up in cuffs, with Fitzgibbon alleged the driver closed the door on him during the confrontation and dragged him across several lanes of traffic.

A Queens grand jury didn’t buy the officer’s story and refused to charge Fullerton with felony assault on a police officer.

Last week, a jury awarded the dad of three $15,000.

Read more at TheNew York Post