I'm assuming that the arrests were made at the scene, of course. If that's not the case, then they had no business arresting him.
When the police are called to the scene of a physical altercation it's hard to complain when they arrest everyone and then let the parties weigh the evidence later.
He was in jail for over 48 hours before being release. There's no excuse for that.
It was not at the scene. The video went viral and an investigation ensued.
He does have a good case. His arrest was unreasonable. Gov’t agents can’t simply arrest people then gather evidence to prove a case. That isn’t the way our system works.
Our system requires PROBABLE CAUSE for an arrest. Probable cause is a higher standard than reasonable suspicion of a crime. Here, you have a video that clearly shows the man was violently assaulted.
The woman hit this man in the back of his head with a pair of ice skates with sharp metal blades.
The video was enough for the prosecutor to immediately drop the charges - this should have been enough for the police to NOT make an arrest.
They could have gathered information - his name, address, etc and followed up with their investigation.
Again - in our Democracy - you have the U.S. Constitution that protects your liberty against unreasonable gov’t searches and seizures. 4th Amendment.
Here, the seizure was unreasonable b/c the video exonerates this man. If the police wanted more information to make a final determination - that is acceptable but you CANNOT arrest someone without probable cause.
The video was there to corroborate his defense - you can’t arrest a person to later establish probable cause. You arrest them b/c you claim you have it. Here, the video exonerates the man and the police should have known better.
Hence, his claim of negligence against NY.