Date: 08-10-2023

Case Style:

Patricia Gonzalez v. County of Suffolk, et al.

Case Number: 2:09-cv-01023

Judge: Steven Tiscione

Court: United States District Court for the Eastern District of New York (Suffolk County)

Plaintiff's Attorney: Fred Brewington, and Oscar Holt

Defendant's Attorney: Marc A. Lindeman

Description: Central Islip, New York civil rights lawyers represented Plaintiff who sued Defendants claiming the use of excessive for resulted in the wrongful death of Kenny Laso in 2008.

Patricia Gonzalez and Jennifer Gonazlez, individually and as co-administrators of the Estate of Kenny Lazo, sued Suffolk County and others on a civil rights violation theory claiming that the Suffolk County police officer defendants physically abused and humiliated Mr. Lazo, age 24, and then tried to cover up their wrongdoing.

Lazo was found dead on in the jail cell in which he had been placed. The autopsy performed on Lazo's remains revealed 36 injuries.

Fred Grewington provided the following information about the case:


Mr. Kenny Lazo was a Latino man. There was not issue, and the jury confirmed that Mr. Lazo died in police custody after being struck by metal flashlights wielded by police officers following a manufactured set of circumstances leading to a roadside detention disguised as a routine traffic stop. On April 12, 2008 at approximately 8:30 p.m., Suffolk County Police Department ("SCPD") Police Officer Judge and Sergeant Scimone initiated a car stop of the vehicle driven by Kenny Lazo at the request of Detective Talt and Detective Newton, who were investigating an alleged hand-to-hand drug transaction involving the driver of the vehicle now known as Kenny Lazo. The police admitted they saw nothing exchanged and that they did not have probable cause to arrest for any crime. The plain cloths detectives teamed up with a marked car with a Sgt. and PO and alleged that Mr. Lazo was pulled over for speeding. No radar and an alleged pacing for much less than an 1/8 of a mile. The vehicle stop occurred on the shoulder of the entry ramp of the Southern State Parkway coming off of the Robert Moses Causeway in the jurisdiction of the Third Precinct of the SCPD.



Mr. Lazo immediately obeyed the police lights and pulled over where the was tole to stop. Mr. Lazo had a valid license, valid registration, valid insurance and no warrants. The police had Mr. Lazo step out of his vehicle and remain standing near the rear of his vehicle while Judge, Scimone, and Newton questioned him. During this period of time, at approximately 8:30 p.m., The jury found that Judge, Scimone, and Newton were attempting to strip search Mr. Lazo on the side of the road and a physical encounter ensued between Lazo and the three defendant police officers. Mr. Lazo was taken to the ground and remained belly-face down the entire encounter. Judge and Scimone struck the unarmed Lazo about his body and head with metal police issued flashlights. The medical examiner found no fewer than 36 blunt force trauma marks many consistent with the mag and stinger flashlights used by the officers. After Lazo was beaten with flashlights wielded by the police officers, visible injuries were observed by Newton, Talt, Scimone, Judge, Defendant officer Police Officer Link, who transported Mr. Lazo also observed visible injuries and none of the officers followed their own policy and filed to provide Mr. Lazo immediate transport to a very close hospital emergency room or any other medical attention after force was used to detain him. Instead Mr. Lazo was transported to the Third Precinct in Bay Shore and not a hospital emergency room in accordance with police department protocol. This was a pivotal point as there acts were in clear violation of their own rules and regulations by failing to provide Lazo with medical treatment after using force. Mr. Lazo was carried into the 3rd Pct., not seen by the OIC about his medical condition coming into the Pct. in his boxers and socks. He collapsed and Mr. Lazo died from cardiac arrest following mutable blunt force trauma all of his body and was pronounced at the hospital at 9:45 pm.

Outcome: 08/11/2023 155 Minute Entry for proceedings held before Magistrate Judge Steven Tiscione: Jury Trial completed on 8/11/2023. Jury began deliberations and returned verdict in favor of Plaintiffs on all counts. Defendants shall file any post-trial motions within 90 days. (Court Reporter Lisa Schmid.). (GD) (Entered: 08/11/2023)
08/11/2023 156 NOTICE of Appearance by Scott A. Korenbaum on behalf of All Plaintiffs (aty to be noticed) (Korenbaum, Scott) (Entered: 08/11/2023)
08/11/2023 157 ORDER OF SUSTENANCE. Ordered that the Clerk of the Court supply proper sustenance (lunch) to the jury empaneled from July 25, 2023 to August 10, 2023 for trial and deliberations. So Ordered by Magistrate Judge Steven Tiscione on 8/10/2023. (RB) (Entered: 08/11/2023)

Plaintiffs' verdict for $13.5 million in compensatory damages and $21.5 million in punitive damages.

Per Mr. Brewington:

After a three week trial a jury of five women and four men (diverse jury) rendered a resounding verdict on False Arrest, Excessive Force, Failure to Intervene, Deliberate Indifference to Medical Needs, Monell Liabiliy, Wrongful Death, Battery and Negligence. Qualified Immunity special interrogatories were decided all in our favor and QI was denied. The total verdict is over $35,000,000 with $21,500,00 being punitive damages. (Jury awarded $1.5 more than I asked for) Kenney Lazo was a 24 year old father of a 5 year old son.

Plaintiff's Experts: We had three experts—Police Practices Expert, Forensic Pathologist and Economist. The County of Suffolk had none and relied on the medical examiner who found the death to be a Homicide.

Defendant's Experts:

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