Falsely Arrested Man Files Suit Over Police Corruption

by Melissa Bailey | November 10, 2008 9:44 PM | | Comments (8)

Falconer.jpgA man who was framed by corrupt New Haven cops has filed suit against the police department, arguing that the blame extends higher up the chain.

Norval Falconer (pictured) spent four weeks in jail on narcotics charges after two city detectives planted drugs in his Truman Street apartment. The former detectives, Jose Silva and Justen Kasperzyk, were sent to jail on corruption charges, as was their supervisor, former Lt. Billy White.

Falconer filed a $10 million civil rights lawsuit Monday in U.S. District Court in New Haven. The suit names Silva, Kasperzyk and White as well former Police Chief Francisco Ortiz and the City of New Haven.

Click here to read the complaint. Click here to read the accompanying exhibits.

The suit contends that Ortiz and the city “created a custom of acceptance” of the narcotics unit’s “constitutionally offensive pattern of conduct,” thus allowing for Falconer’s false arrest.

“The pattern of abuses in the Narcotics Unit was widespread, blatant and of long standing,” charged Diane Polan, Falconer’s attorney in a press statement. “This corruption went beyond Billy White and his crew.”

Polan charged that the department ran on a “‘hang ‘em high’ atmosphere of making narcotics arrests at any cost, regardless of their legality.”

“This was not just Billy White policy,” she charged — “this was the official policy of Chief Ortiz and the City of New Haven.”

Rob Smuts, the city’s Chief Administrative Officer, replied that the wrongdoing was contained to three bad apples, Silva, Kasperzyk and White.

“The three individuals engaged in some illegal, unconstitutional, and indefensible actions,” Smuts said — but “the only people engaged in those corrupt activities were those three individuals.”

“The lawsuit says there was an encouragement to break the law to enforce the law,” said Smuts. “That’s just absurd.” He said the individuals were motivated by “greed, pure and simple” — not by marching orders from higher up the chain of command.







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Comments

Posted by: cedarhillresident [TypeKey Profile Page] | November 11, 2008 8:55 AM

surprise surprise surprise!!

Posted by: James | November 11, 2008 9:01 AM

I hope the City has a strong case if this is the tack they are going to take. We have a long history of denying allegations that the City knows to be accurate, fighting them in court, and losing or settling for a much larger amount than they would have had they settled initially. At the end of the day there's only a handful of people who know what the deal really is. Is Falconer looking for justice or a payday? Is the City covering up or defending themselves against false accusations? At the end of they day I simply hope that the City has properly assessed their chances in court and won't be pissing away another couple of million of the taxpayers money.

Posted by: bjfair | November 11, 2008 1:16 PM

NHPD corruption is not about 3 officers, it's about a system (including lack of appropriate supervison, and the ideology of the drug war that the ends justify the means) that allowed the 3 (AND MORE) to flourish and to deny its existence will not move the department forward nor regain community trust. The city is blessed that the feds only targetted 3 officers and kept them under surveillance for a VERY SHORT period of time. The feds should have done their job decades ago and taxpayers would not be paying out a nearly $100,000 lifetime pension to a crooked cop.

Posted by: cedarhillresident [TypeKey Profile Page] | November 11, 2008 2:53 PM

Barb I though Ortiz did fire Billy at some point?? hmm I forgot why was he taken back??? I say their pensions pay for this!!!! That would be their just reward!

Posted by: bfair [TypeKey Profile Page] | November 12, 2008 7:58 AM

He did and SOMEONE pushed for his come back and so the pensions and the lawsuits are a just reward except that taxpayers should not have to foot the bill. Why not sue those who pushed for his return? They are the ones responsible for his ability to flourish and train others in corruption.The reason I blame supervision is because many complaints were made to the department relative to corruption among the ranks and noone did anything about it. Supervision had a duty to the community to listen, watch and do something but it seeemd the number of arrests(by any means necessary) and confication of money and property was more important and those orders generally come from the top down.

Posted by: Intheshorts | November 12, 2008 9:45 AM

Here we go again. Deny, litigate, settle for millions. Get it over with already. Oh, that's right, there's no money in that account so early in the budget year because of the last million plus dollar settlement. Having been trained well in giving away taxpayer money, Corporation Council Ward will move to development; and having been trained well at Legal Aide, a new one will step in his place to give away more. What a merry go round. All we're missing is the music.

Posted by: cedarhillresident [TypeKey Profile Page] | November 12, 2008 9:56 AM

barb looks like we will at the least be working on one fight together soon :)

Posted by: Truth Hurts & Helps | December 8, 2008 1:18 PM

Whether Falconer is looking for justice or a payday is his perorgative. He, like any other citizen deserves both if he so desire. Let's not take the approach of blaming the victim and having the victim explain himself. Why not have the police explain themselves. Respect the Constitution!

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