The New York City bodega clerk who had murder charges dropped after video showed he acted in self-defense is suing District Attorney Alvin Bragg and NYPD for civil rights violations.
Jose Alba, an ex-bodega worker who was attacked behind the counter on July 1, 2022, by 35-year-old Austin Simon and his girlfriend, Tina Lee, filed a lawsuit in the Southern District of New York on Friday alleging he was wrongfully prosecuted because of the Manhattan district attorney’s “racial equity” policies. The complaint names Bragg, NYPD Detective William Garcia, and unidentified arresting officers and detectives of the NYPD as defendants in the case.
“New York County District Attorney Alvin Bragg and/or his subordinates, following Bragg’s policy to achieve ‘racial equity’ in the Manhattan criminal justice system, charged Plaintiff with murder in the second degree and asked for high bail at Plaintiff’s arraignment,” the complaint states.
“Despite the fact that Simon and Lee were the initial aggressors, it was Plaintiff who was arrested, incarcerated, and wrongfully prosecuted. While in theory, Bragg’s ‘racial equity’ policies are a well-intentioned attempt by him to implement even-handed justice, the means and methods employed by Bragg have instead had an opposite effect and resulted in discrimination against certain defendants based on race.”
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