Lester v. City of New York

Background

The opinion is a letter submitted by counsel for Nicholas Lester in a case alleging police misconduct. Counsel stated that Lester had been falsely arrested and subjected to excessive force by New York City police officers in May 2020, resulting in a fractured nose and a seizure while in custody. Counsel also stated that Lester was charged with resisting arrest, that the New York County District Attorney’s Office declined to prosecute that charge, and that a Civilian Complaint Review Board investigation had not been completed.

These factual statements appear in counsel’s submission; the short order does not independently make findings about whether the alleged arrest or force occurred. Counsel argued that the unfinished investigation should not delay the case and that discovery was needed to identify the officers involved. Counsel also argued that any concern about conflicts of interest could be addressed through separate counsel for an officer.

Motions and ruling

Lester asked the court to compel the Civilian Complaint Review Board to produce its investigative file to the defendants. The defendants asked the court to stay, or pause, the case until the board completed its investigation.

The court denied without prejudice Lester’s request to compel production of the investigative file. The court denied the defendants’ request for a stay pending completion of the investigation. The court stated that Lester could proceed based on the identifying information provided to date and that discovery could determine which defendant did what. It also stated that Officer Gallagher’s ability to retain independent defense counsel resolved the defense counsel’s conflict concern.

Judge Robert W. Lehrburger signed the order on January 13, 2022. The opinion’s supplied case metadata identifies Judge John Cronan, which conflicts with the order’s signature identifying Judge Robert W. Lehrburger.