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Vasquez v. Pampena

May 18, 2009

LENIN VASQUEZ, PLAINTIFF,
v.
POLICE OFFICER ANGELO PAMPENA, DEFENDANT.



The opinion of the court was delivered by: John Gleeson, United States District Judge

MEMORANDUM AND ORDER

Plaintiff Lenin Vasquez brings this action pursuant to 42 U.S.C. § 1983, alleging that Police Officer Angelo Pampena of the New York City Police Department falsely arrested him in violation of the United States Constitution. Pampena moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. For the following reasons, the motion to dismiss is denied.

BACKGROUND

The relevant portion of Vasquez's complaint, the factual allegations of which are assumed true for the purposes of this motion, reads as follows:

7. During the evening of February 7, 2008, plaintiff was watching the soccer game of U.S.A. v. Mexico in the Colombian restaurant "Pollo's Mario" located in the vicinity of 81st Street and Roosevelt Avenue, Queens, New York.

8. The soccer game ended at approximately 1:00 a.m.

9. Plaintiff left the restaurant at approximately 1:30 a.m.

10. While plaintiff was walking down Roosevelt Avenue towards the 74th Street subway station, he observed Officer Angelo Pampena and a second officer on 80th Street asking pedestrians for identification.

11. Plaintiff approached the officers and asked in a polite manner whether something had happened in the neighborhood.

12. Officer Pampena told plaintiff that it was none of his business and to go home.

13. Plaintiff immediately left the scene and started walking toward his destination.

14. A moment later, Officer Pampena told plaintiff to come back.

15. Plaintiff walked back over to the officers.

16. Officer Pampena ordered plaintiff to show him identification and to remove his coat.

17. Plaintiff complied with Officer Pampena's orders.

18. Officer Pampena ordered plaintiff to stay put while he issued ...


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