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    6 Feb 2016

    Lawsuit: Woman miscarried after cops 'battered' her during 'false' arrest

    Despite telling them she was pregnant, cops "battered" her, causing her to miscarry, during an incident at her home 15 months ago, a Mariners Harbor woman alleges in an explosive lawsuit.
    Officers "struck her in the stomach and threw her to the ground and stepped on her," on Nov. 2, 2014, alleges the suit recently filed by Emelda Fitzroy in Brooklyn federal court.
    Fitzroy's civil complaint does not specify why cops came to her home, although it notes she was arrested on charges of felony and misdemeanor assault, misdemeanor counts of resisting arrest and obstructing governmental administration, and lesser counts of harassment.
    All of those charges were dropped last week on Jan. 26, the complaint states.
    Fitzroy, a home health aide, alleges deprivation of civil rights, use of excessive force, false arrest, unlawful search and seizure, and common-law assault and battery.
    She suffered "severe and permanent psychological pain" due to her loss of the fetus, the complaint alleges.
    Fitzroy has sued the city and four cops and seeks unspecified monetary damages.
    The incident occurred around 1:45 p.m., the complaint says.
    The cops approached Fitzroy, "forcibly grabbed" her and arrested her "without any legal justification," according to the complaint.
    Fitzroy told cops she was pregnant, yet they still "battered" her, hitting her in the stomach, throwing her down and stepping on her, the complaint alleges.
    Fitzroy miscarried "as the result of the injuries she sustained" at cops' hands, alleges the complaint, which doesn't say how many months she had been pregnant.
    Fitzroy was incarcerated for more than 26 hours until her release around 4 p.m. on Nov. 3, 2014, after her Criminal Court arraignment, the complaint states.
    She had to hire a lawyer to fight the criminal charges, and appear in court multiple times before the charges were dismissed last week, alleges her complaint.
    Prosecutors confirmed the charges were dropped, but declined further comment because the court file has been sealed.
    Fitzroy's lawyer, Regina L. Darby, did not immediately return a phone call seeking comment on the lawsuit.
    A city Law Department spokesman said the city would not comment on the suit "before all the facts are in."
    "We'll review the allegations," the spokesman said.
    An NYPD spokeswoman declined comment because the lawsuit is pending.

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