City Could Be On Hook For Planting Drugs

After corrupt narcotics cops falsely arrested Norval Falconer, he sued them. A ruling by a federal judge clears the way for him to try to take his $10 million case all the way to the top.

Judge Alfred Covello last month denied a motion for summary judgement brought by the city, paving the way for a jury trial — with a former police chief and the city of New Haven as defendants.

Falconer (pictured) is suing former New Haven drug cops Jose Silva and Justen Kasperzyk along with their supervisor, former Lt. Billy White. All three were sent to prison on corruption charges following a 2007 FBI investigation of the police department’s narcotics unit.

That the cops worked together to plant drugs on Falconer is undisputed. What complicates Falconer’s case is that he’s also suing former Police Chief Francisco Ortiz and the City of New Haven.

In order to win his case against the chief and city, Falconer has to prevail with a ​“Monell” claim, showing that they are responsible for city cops violating his constitutional rights.

“We don’t have to prove that Ortiz himself knew they were doing this, but that there was a climate that condoned that type of behavior,” said Diane Polan, Falconer’s attorney. ​“It’s a very hard standard to prove.”

“That’s why we consider it a victory” that Judge Covello denied the motion for summary judgement, Polan said. ​“Those motions are routinely granted.”

Lawyers for the city and for Ortiz have filed motions asking Judge Covello to reconsider his decision. They also have the option of appealing his ruling.

Asked for comment, city Corporation Counsel Victor Bolden said, ​“This case, involving allegations from several years ago, will be litigated in due course. That said, the city’s recent filing supports dismissal of any pending claims against it.”

Framed

In his ruling on the motion for summary judgement, Covello lays out the following undisputed facts:

On Nov. 9, 2006, narcotics cops — including Kasperzyk, Silva and White, who was in charge of the drug unit — executed a search warrant at a house on Truman Street in the Hill. Cops detained Falconer on the first floor.

Kasperzyk found drugs in the basement of the house and put them in the first-floor bedroom, then said he had found them there. Cops arrested Falconer on drug charges.

Silva later filed a report stating that Kasperzyk had found the drugs on top of a dresser, next to Falconer’s ID card.

In March, 2007, Kasperzyk, Silva, and White were arrested for corruption. They pleaded guilty. The charges against Falconer were dismissed.

Kasperzyk testified that ​“White made it clear that it was his philosophy” to move or plant evidence.

In a filing in opposition to the city’s motion for summary judgement, attorney Polan wrote that Kasperzyk ​“described at length the atmosphere within the NEU as one of constant pressure from then-Chief of Police, defendant Francisco Ortiz, to make at most immediate arrests using any means necessary, impliedly including violating the constitutional rights of suspects. Primarily through White and sometimes directly, Ortiz commanded that the NEU arrest targets that Ortiz himself would specify, and he expected it to be done within a matter of hours, not the week or more an actual investigation would require. Repeating his twin mantras of ​‘get it done’ and ​‘lock them up,’ Ortiz enforced his will by threatening to withhold payment for overtime hours worked and to transfer out of the NEU anyone who failed him.”

Polan wrote that a post-arrest review by the Police Executive Research Forum (PERF) found that the department failed to evaluate, monitor, train, or supervise the narcotics squad.

“This a narcotics unit with no supervision at all,” said Polan. Narcotics units have a long history of corruption due to the working conditions of drug cops, creating the temptation to steal money or drugs, she said. The drug unit didn’t even have a policy of photographing evidence where it was found, Polan said. ​“This is Narcotics 101.”

“These were like cowboy cops,” Polan said. ​“The city’s position is ​‘There were some bad apples. We got rid of them.’” Polan aims to prove that the truth is more complicated than that.