A Federal Civil Rights lawsuit was filed this week against a Yonkers police officer who arrested a 44 year-old home health aid after having beaten her unconscious.  The violent attack, captured entirely on surveillance video, resulted in the hospitalization of Irma Marquez with a fractured jaw, concussion, two black eyes and facial lacerations, as well as bruises and swelling over her neck, torso and numerous other parts of her body.  The video tape, which was reviewed by the Westchester County District Attorney Office’s, clearly demonstrates the officer lifting Ms. Marquez off her feet and driving her face first into the ceramic tile floor of the restaurant where the incident occurred.  District Attorney Janet DiFiore proceeded with the unjust prosecution of the victim of this brutal attack rather than charge the perpetrating officer.


 

Ms. Marquez was accosted by police when she leaned over to get a better view of the medical assistance being provided to her niece who was earlier rendered unconscious when struck by another unapprehended assailant while patronizing the La Fonda Restaurant at 57 Palisade Avenue, Yonkers, New York on March 3, 2007.  Police Officer Wayne Simoes slammed Ms. Marquez to the floor then handcuffed and charged the unconscious and seriously injured woman with Obstruction of Governmental Administration and Disorderly Conduct.  On May 9, 2008 a jury acquitted Ms. Marquez of all charges.



“If anyone other than a police officer was caught on tape doing what Officer Simoes did to Irma Marques they would have rightfully been arrested and prosecuted,” said Gary T. Certain, Esq., of Certain & Zilberg, PLLC, attorneys for Ms. Marquez.  Mr. Certain, who represented  Irma Marques in the criminal case, and filed the Federal lawsuit in the Southern District of New York, added, “This case suggests that Janet DiFiore’s Office may not be capable of honestly prosecuting egregious police misconduct.”



For additional information you may contact Sanya Knight at 212-687-7800 ext. 255 or at info@certainlaw.com.

Story submitted by Gary Certain from Certain & Zilberg, PLLC.