A Garden City man who spent nine days in jail before Nassau prosecutors dismissed misdemeanor charges against him after a video of his encounter with police surfaced has filed legal papers claiming that his constitutional and civil rights were violated when he was falsely arrested.
Bobby Hayes' attorney, William Petrillo, served the Nassau County attorney with a notice of claim. Hayes, 34, a plumber and a father of two, was arrested Jan. 29 on charges of disorderly conduct and resisting arrest near a Uniondale barbershop. The incident sparked an internal affairs probe.
"He was wrongfully singled out, arrested for an alleged crime that was completely manufactured by the officers and then supported by fabricated sworn statements," said Petrillo, of Rockville Centre.
Hayes has one year and 90 days to file a suit.
A Nassau County spokeswoman confirmed Friday that the notice was filed on Thursday but had no comment. The police department and the officers' union also declined to comment.
The legal papers claim that the county, Nassau police and officers violated Hayes' constitutional and civil rights, "in failing to properly train, supervise, care, instruct and control the police officers."
Hayes "suffered serious and permanent injuries, including chest pain, intentional infliction of emotional distress and imprisonment," the papers say.
Court documents said Nassau police were doing a drug investigation when they stopped Hayes and asked him for his identification and "to explain his conduct."
Hayes began swearing and repeatedly refused to give his identification, according to the court documents. The complaint also alleged Hayes refused to stop his violent behavior, and used racial slurs and profanity before swinging his arms and pulling away from police.
Petrillo said the 54-second video, shot by someone from the barbershop, shows Hayes allowing himself to be handcuffed. Hayes wouldn't give police his full name at first, which caused the police to escalate the incident, Petrillo said.
Days later, the Nassau district attorney's office called for Hayes' release while investigating "discrepancies" between the cellphone video and police documents.
On Feb. 19, prosecutors dismissed the charges after they couldn't prove the case beyond a reasonable doubt.
Shams Tarek, a spokesman for District Attorney Kathleen Rice, said prosecutors dropped the charges "based on everything before us." He declined to say what role the video played.
The legal papers also name the two officers listed in the complaint -- Peter J. Ellison and Carl Arena -- and claim evidence was falsified. Hayes seeks unspecified damages for personal and emotional injuries, and punitive damages to be determined by a court, according to the legal papers.
Petrillo said a punitive award "would serve as a deterrent, so that this type of unacceptable behavior doesn't happen again."