James Rolkiewicz sueing NYPD for $6 million because a cop assaulted him while he was having an asthma attack
A gay Staten Island man suffering from an asthma attack was pummeled by an NYPD cop who repeatedly called him a “f—ing f—-t,” a new $6 million lawsuit alleges. 53-year-old James Rolkiewicz, says the officer punched, choked and insulted a man who was having an asthma attack while another cop watched, a lawsuit alleges.
He was walking in the West Village in September last year when his asthma attack began. He sat on the steps of the Greenwich House Music arts school, looking for his inhaler, when an NYPD patrol car stopped nearby.
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An NYPD patrol car stopped alongside the curb. Two cops got out and walked toward him, one of them called him a f*****g f****t several times, demanding his identification while he was having an asthma attack,”
The same cop cuffed him and “repeatedly smashed his face and head into the hood of the NYPD patrol car” — while the other officer did nothing, the suit says.
“He specifically made that a point,” Rolkiewicz said of his sexual orientation, “because he kept calling me a ‘f—ing f—-t,’
“If you have this problem with gay people, how are you an officer in the Village?”
Meanwhile the other cop stood by doing nothing, the suit says.
The Greenwich House Music arts school – Rolkiewicz alleges he was walking when his asthma attack began, prompting him to sit on the steps
Rolkiewicz was ‘brutally handled, punched, kicked, abusively treated, placed in a chokehold, handcuffed and choked until he lost consciousness,’ according to the filing.
The two officers didn’t tell Rolkiewicz why he was arrested and omitted to read him his rights, the suit states.
Rolkiewicz stayed in custody for about two days. It is unclear what charges were brought against him.
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They didn’t read Rolkiewicz his rights — or even tell him why he was arrested, the suit says. He was in police custody, including time in Bellevue for his injuries, for about two days.
“He was damaged, he was violated, he brutalized — he did nothing,” Rolkiewicz lawyer, Pamela Roth, said.
When Rolkiewicz was finally brought before a judge, his court-appointed attorney pressured him to cop to a disorderly conduct violation — or be prosecuted for assault on a police officer.
He did and was sentenced to time-served, Roth said.
James Rolkiewicz had an asthma attack walking in the West Village, cops came up to him, punched and choked him, while calling him a f*****g f****t
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Rolkiewicz does have a prior conviction for manslaughter from two decades ago. He said he was trying to protect his mother from his father when the melee accidentally turned deadly.
“I don’t go to the Village anymore, period,” said Rolkiewicz, who has long volunteered for the HIV/AIDS community. “I’m afraid he’s going to either beat me up again or he might see me and do something to me.”
He is seeking a total of $6 million from the cops and city.
The NYPD referred comment to the city Law Department, which said “We are reviewing the complaint.”