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Defendant's Attorney: Nicolette Pellegrino

Description: New York City, New York civil rights violation lawyer represented Plaintiff who sued Defendants on a 42 U.S.C. 1983 constitutional law violation theory.


Justin McClairn alleged that NYPD Officers Michael Ardolino, William Schumacher, David Quattrochi, Sergeant Robert Martinez, and Detective David Grieco all participated in his arrest as well as the warrantless entry and search of his apartment. Plaintiff alleged (i) that he was asleep when police started "banging" on the basement door; (ii) that Ardolino kicked the door off its hinges; (iii) that Grieco entered the apartment first, grabbed Plaintiff and handed him to another officer (possibly Schumacher); (iv) that Martinez was also present and entered the apartment after Grieco; and (v) that Quattrochi handcuffed and thereafter "judo-swiped" Plaintiff, knocking Plaintiff to the ground and "pop[ing]" his right shoulder "out of place.

Defendants concede that Ardolino, Schumacher, Martinez, and Grieco were at 393 Warwick for Plaintiff's arrest, but contest that Quattrochi was present or otherwise interacted with Plaintiff on December 13, 2015.

Both Grieco and Martinez reported seeing Miranda (or a "female") prior to entering the apartment, though they differ in "when" or "how": Martinez attested to seeing Miranda only once when she "opened the [basement] door," Martinez Dep. at 90:7-25 (cited by Defs.' Mem. at 29), while Grieco recalled only that he saw a "female" "at some point," and that he "[n]ot sure" if the observation came "[t]hrough [a] window or after the door was opened.

While Martinez testified Miranda opened the door, Martinez Dep. at 90:7-25, Grieco testified that he 'believe[d]' Plaintiff opened the door. Id. at 177:24-25. For his part, Plaintiff testified that neither he nor Miranda opened the door, but that the Officers kicked the door open.

Outcome: Jury verdict in favor of Plaintiff for $890,000.

Plaintiff's Experts:

Defendant's Experts:

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