A New Jersey man has filed a lawsuit against the City of Passaic and its police department, claiming officers placed him in an illegal chokehold and arrested him for allegedly spitting on a sidewalk.
Jesse Velez, 32, of Passaic, says in court papers six city police officers “started following and harassing him” as he walked down Third Street on May 30, 2024.
The officers allegedly targeted Velez due to his Peruvian heritage, alleges the suit, filed June 9 in Passaic County Superior Court.
“There was no indication of a crime, only stereotyping and targeting based on the officers’ prior history with others in the area,” alleges the complaint
Passaic Mayor Hector Lora declined to comment on the lawsuit Tuesday, saying the city does not discuss pending litigation.
Moments before Velez was arrested, the complaint says, he had been with friends in front of a preschool on Third Street when the cops showed up about 6 p.m.
When officers moved toward the group, Velez said he began walking away. That’s when the cops allegedly followed him, according to the suit.
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The first “bogus charge” was for allegedly spitting on the sidewalk, Velez alleges in the complaint.
When Velez denied the allegation, he spoke “his mind, exhausting his First Amendment rights as he walked away,” the suit says.
The suit does not explain what Velez said that allegedly angered officers. But the filing states an officer lunged at him and tried to choke him.
A second officer was more successful in choking Velez, and six officers took Velez to the ground, the lawsuit alleges.
“The six police officers had a duty to de-escalate and did not. Instead, they escalated, antagonized, bullied, provoked, harassed and intimidated Jesse before assaulting him after he was walking away,” the suit says.
The lawsuit claims the officers falsely charged Velez with resisting arrest, disorderly conduct, and a municipal ordinance violation for spitting in public.
The charges were dropped in court on Feb. 20, court records show.
“The alleged crime (spitting on the sidewalk) was not a crime to be arrested for and should have been done by mailing a summons,” the lawsuit claims.
Velez was released from the Passaic Police Department “after a couple of hours,” with tickets to appear in court, the suit says.
The lawsuit alleges wrongful arrest and detainment, abuse of process, malicious prosecution and conspiracy.
