Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
NEWARK — A tentative settlement has been reached in a federal lawsuit filed against Newark officials by a city resident who claimed police officers forced their way into his home without a search warrant and wrongfully arrested him, according to the man's attorney.
Under the proposed agreement, the city would pay separate amounts to the resident, Hansel Sosa, and to a child who was allegedly held against his will at the time of the August 2012 arrest, their attorney, David Kreizer, said in a recent interview.
Kreizer declined to specify the amounts of those payments, but said his clients "are happy with the result and that Newark has taken responsibility for its officers' actions."
"The agreement's in the process of being finalized," said Kreizer, adding that such agreements typically do not include an admission of wrongdoing.
The city has declined to comment on the case, saying in a recent statement that the "City of Newark does not comment on pending litigation."
The lawsuit, which was filed in December 2013, centers on an Aug. 28, 2012 incident at Sosa's Chestnut Street house.
As Sosa was walking home from a train station, two Newark police officers pointed at him from inside their police vehicle and sped off towards his house, the lawsuit states. After picking up his son at a day care center, Sosa arrived home and found the same police vehicle in his driveway, the lawsuit states.
Standing in the driveway, the police officers "rifled through Mr. Sosa's mailbox; opening and reading his mail," the lawsuit states. One of the officers then asked Sosa to list the names of his neighbors, the lawsuit states.
After Sosa's son asked his father for milk, "the officers allowed Mr. Sosa to tend to his child's needs inside of his home," the lawsuit states. Inside the house was Sosa's young children and the children's friend, Michael Solano, who is the other plaintiff in the case, the lawsuit states.
A few minutes later, Sosa's "doorbell began to ring incessantly, in an alarming manner," the lawsuit states. As Sosa began to open the door, "the two police officers forced their way inside of his home, and shoved a 'Wanted' poster in Mr. Sosa's face," the lawsuit states.
The officers then interrogated Sosa "about the person on the 'Wanted' poster and about a woman that the officers falsely alleged Mr. Sosa was hiding inside of his home," the lawsuit states. Sosa repeatedly told them he didn't know the woman, the lawsuit states.
Without a search warrant, the officers forced their way past Sosa and searched his home, the lawsuit states. After Sosa demanded to see a search warrant, the officers threatened him, calling him "garbage" and a "criminal," the lawsuit states.
"Ultimately, one of the police officers pushed Mr. Sosa's back against the wall, twisted his arms and handcuffed him, placing him under arrest for no reason whatsoever," the lawsuit states.
Around the same time, Solano tried to run home to his parents, but he "was stopped by one police officer grabbing him and pressing him against a wall in an attempt to prevent him from leaving the premises," the lawsuit states. Solano was eventually released, the lawsuit states.
Sosa was transported to the Newark Police Department's Third Precinct and charged with "obstructing the administration of law/governmental function," the lawsuit states. Sosa complained he felt sick and needed water, but he was placed in a holding cell for about three hours, the lawsuit states.
One of the police officers eventually walked over to the cell and "apologized to Mr. Sosa for the misunderstanding," the lawsuit states. Sosa was released about an hour later, the lawsuit states.
The pending charges against Sosa were ultimately dismissed, the lawsuit states. But since he missed days of work to attend multiple court appearances, Sosa lost his job, the lawsuit states.