Former New York City bodega worker, Jose Alba, who had second-degree murder charges against him dropped following the emergence of video evidence proving his act of self-defense, is bringing a lawsuit against District Attorney Alvin Bragg and the NYPD for violating his civil rights.
This legal action, filed in the Southern District of New York on Friday, shines a spotlight on the alleged harm done by the DA’s pursuit of “racial equity” policies.
Alba’s lawsuit is a direct response to the wrongful prosecution he endured, which, according to the complaint, was a result of DA Bragg’s efforts to impose “racial equity” within Manhattan’s criminal justice system.
The complaint elucidates, “Despite the fact that Simon and Lee were the initial aggressors, it was Plaintiff who was arrested, incarcerated, and wrongfully prosecuted.”
The application of Bragg’s policies, although possibly well-intentioned, inadvertently led to discrimination against defendants based on their race.
Alba’s unfortunate incident occurred on July 1, 2022, where he found himself attacked behind his workplace counter by Austin Simon and his companion, Tina Lee.
Though video footage clearly showed Simon initiating the attack, Alba was the one apprehended and prosecuted, with an initial bail set at a staggering $250,000.
This caused a significant uproar amongst the city’s Dominican community and caught the nation’s attention.
As the lawsuit further details, “There was widespread outrage against Bragg and his office for charging a law-abiding, older working man for lawfully defending himself during the crime wave in New York City, which was exacerbated by a significant number of police resignations and the implementation of policies hindering law enforcement’s ability to effectively combat crime.”
Alba’s legal counsel, Richard Cardinale, told Fox News Digital that his client is not only seeking justice but also pursuing compensatory and punitive damages against the city for the undue suffering he endured at Riker’s Island prison and the threat of a long prison sentence for acting in self-defense.
The city’s Law Department has indicated it will review and respond to the case appropriately once served.
Bragg has previously expressed his belief that prosecuting theft, a “crime of poverty” as he calls it, does not enhance public safety, a viewpoint he shared with a group from Young New Yorkers in May 2021.
This organization, dedicated to assisting individuals under 25 facing charges, operates with a “racial justice framework”.
This approach by Bragg, aimed at reducing the criminal justice system’s “footprint”, has garnered criticism for being ostensibly lenient on crime, a troubling stance for a figure tasked with upholding law and order in Manhattan.
Supporting Alba’s rightful act of self-defense, notable figures such as New York City Mayor Eric Adams and former NYPD Commissioner Bill Bratton publicly denounced the initial decision to charge him.
Amid the ensuing public pressure, DA Bragg eventually dropped the second-degree murder charge against Alba on July 19, 2022.
Alba had signaled his intention to sue earlier in February, but proceedings were delayed as his attorney engaged in pre-lawsuit settlement negotiations with the city, which ultimately fell through.
Cardinale confidently asserts that their case is robust, relying on “defendants’ own documents and statements and papers filed in the criminal case,” rather than mere speculation.
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