UNITED STATES DISTRICT COURT & & 4 SOUTHERN DISTRICT OF NEW YORK
we. Plaintiff, :
We Vv. 1S-cv-7761
20203 and DETECTIVEBRIAN | KUSTERER, Shield # 4667, and CITY OF | Defendants. _ To.Hon. P. Kevin Castel, United States _ District Judge.
Plaintiff respect submitted a motion | _ to the court by amende the case caption complaint, Pursuant to 42,U.S,C.§ 1983 Under Federal Rules for granting _ reconsideration pursuant to Local Civil _ _ Rule 6.3, for amending in vacating judgment pursuant to Rules 59 and 60, Fed. R. Civ. P. mistake, surprise, and _ | 59,(e), legal errors,for Memorandum Order date Dec 4,2017..Under this _ | court order Jan 23, 2026, for relief. 1.
On march 6, 2015, | was Seat in the _ parked car, at 132 Street between. _ Seventh and Eighth Avenues, whele : _ police officers aproach my car and start _ "question me and remove me of the car false arrest me without probable cause _and search the carin accuse me forbe _ stolen my own | phone, and claim again _ _ my Tennessee valid licence was forged, _ _ and took me to the police custody at the _ 33rd precinct. A valid Tennessee license _ _Isalegitimate document aNYofficer _ can't just declare it forged, US law.?,
_ Atthe precinct police officertookmy _ wallet from my pocket and took my □ _ bank cards inside my wallet searchto | the card reader. The subsequent search _ _ of my wallet at the precinct After being _ _ false arrest was akin to searching a small bag or change purse and that was _ unlawful."As Pétition convicted charge?,’ _ The protections embodied inarticle|, _ §12 of the New York State Constitution _ _ serve to shield citizensfrom warrantless _ _ intrusions on their privacy interests, _ including their personal effects’(People _ Jimenez, 2014, 22 N.Y.3d 717,719. 2.
_ The same police officers false arrest me | _ | in charged me with 7, différents charges | _ Penal Law 170.25, In Penal Law 155.35, in Penal Law 165.45, in Penal Law □ | 165.05, in Penal Law 220.03, □□ Penal Law 221.05, inVTL 051.10. Grand jury | dismiss, 6, of that arrest 7, charges | against me without my present in court. | | Lwas indicted with Penal Law 170.25, _ for my valid Tennessee driver's licence, _ with:my own bank credit cards. Number | appear on the state court trial record | 45473500000. As conviction charges _ Reading ‘same number five zéro link _ print on the banks crédit card?????.
How five zéro link print cant be abanks _ | card,? number appear on the state trial
_ court Workers have banks crédit card _ Verify, why one of they court Workers _ did not have five zéro link print on they bank card?. impossible banks card five zéro link can’t purchase, As 00000, link.
The grand jury indictment was procured | | by fraud in perjury under false oath. 3.
UNnMa&recn 7, 2U To, | Was danlstefeag tO court, at the grand jury procedure my _ due process right was violated without _ my present in front of the jurys. □
_ Police officer O'hara, false testify at | grand jury that my valid Tennessee □ driver's licence was forged, and officer | Kusterer also testify at grand jury that _ he used a scanner to inspect my valid _ driver's license the results flaggedthe | license was forged, Officer Kusterer did notused an ID scanner issued bythe _ New York Police Department and used an ID scanner that he owned personally. □ _ AvalidTennessee license is a legitimate _ | document a NY officer can't declare it | forged without justification in false | arrest me, See: Monell v. New York | Dept. of Social Services, 436U.S.658
_ charged valid tennessee driver's licence, the grand jury indictment was procured □ . under perjury in false oath. Officer O'hara lie that | was parked in the _ front of the church, another false oath, 4 □
| officer Kusterer and officer O'Hara _ violated my due process right in Fourth _ Amendment protections garantee under © | the U.S. Constitution, Both officers there | are personally involved with deprivation _ of my rights under the color of law.
The initial arrest lacked probable cause. | even if later indicted on a separate _ charge. Six charges dismissed by a | grand jury suggests weak evidence. | precinct fake charge. See Sankara v. | Martuscellor,18-cv-6308, Oct 27, 2025. □ _ The City of New York are liable too, □ | | was wrongfully convicted by the jury's. □ | who did not knew about the laws as for _ | precinct fake charged got me convicted _ | Number appear on the state court trial | record 45473500000?. My conviction = _ charges Reading same number five zero | link print.on the banks crédit card?????, false arrest, false imprisonment, "unlawful seizure, malicious prosecution, | malicious'abuse of process, excessive _ force, imposing unconstitutional | conditions of confinement. 5.
MEE MINI OILY SMELL Veo IE _ the parties’ citizenship) or other specific — statutes. Federal question jurisdiction, _ The basis for federal question matter of _
_ federal courts the authority to-hear civil — _ cases that involve a question of federal _ law, such as those arising under the U.S. _ Constitution, federal laws, or treaties The general authority of federal courts _ _ to hear a civil case based onthe subject matter of the dispute., See:United _ Student Aid Funds, Inc., 559 U.S. at 275.
_ The authority for this jurisdiction comes _ _ from Article 3 of the U.S. Constitution = and is codified in 28 U.S.C.§ 1331. the — resolution of the dispute dependson _ Interpreting the Constitution, a federal law, or atreaty. For a case'to qualify, the — _ federal question must appearonthe = _ face of the plaintiff's complaint.
Officer O'hara and Officer Kusterer _ cause me indicted with perjury oath.trial _ paper fabricate charge counts appear _on the state trial record,See TOWNEv. DAVIS, 66 NH. 396 22 A, 450. 6.
| Police onicer Ohara misconduct taise | arrest me without probable cause and process me at two different precinct = 33rd. Precinct and 32 precinct, and used _ | two different shield number at the state _ | court different procedure mislead _ identified himself. both number, Badge #4408, Shield # 20203.0on court records _
Police officer O'hara original precinct he _ | was a signe to 25th Precinct. Inwithout _ | his jurisdiction, he false arrest me took | me to 33rd precinct in process me again | | at 32nd Precinct.?, 33rd precinctand | 32nd Precinct both precinct process | paper on the state court record. | Police officer O'hara at the precinct took _ my wallet inside my pocket inswipmy | bank cards to the card reader in Switch _ | my credit cardsnumber number | appear on the state trial record, See, | 45473500000, two of the conviction _ charges Reading same numbers five = _-zéro print onthe card?, number appear on the state trial record. without any | accuse crime items évidence submit to | the court for to convicted me?: 7.
| The Fourth Department analyzed _ whether this principal applied to alegal _ _ malpractice action with an underlying criminal matter. Id. 915 N.Y.S.2d at 780. _ The First Department addressed this | very issue in Wilson v. City of New York, | 294 A.D.2d 290, 743 N.Y.S.2d 30 (ist _ Dep't 2002), holding that the recovery of | | nonpecuniaty damages is not permitted. However, the Fourth : | Department declined to follow the : holding in Wilson. _
| In'rendering its decision, the Fourth _ Department analogized a criminal legal _ malpractice action to causes of action _ for false arrest and malicious | prosecution, both of which permit _ recovery for the plaintiff's loss of liberty — _ resulting from the plaintiff's wrongful _ incarceration. Id. at 1589, 915N.Y.S.2d at 780.
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UNITED STATES DISTRICT COURT & & 4 SOUTHERN DISTRICT OF NEW YORK
we. Plaintiff, :
We Vv. 1S-cv-7761
20203 and DETECTIVEBRIAN | KUSTERER, Shield # 4667, and CITY OF | Defendants. _ To.Hon. P. Kevin Castel, United States _ District Judge.
Plaintiff respect submitted a motion | _ to the court by amende the case caption complaint, Pursuant to 42,U.S,C.§ 1983 Under Federal Rules for granting _ reconsideration pursuant to Local Civil _ _ Rule 6.3, for amending in vacating judgment pursuant to Rules 59 and 60, Fed. R. Civ. P. mistake, surprise, and _ | 59,(e), legal errors,for Memorandum Order date Dec 4,2017..Under this _ | court order Jan 23, 2026, for relief. 1.
On march 6, 2015, | was Seat in the _ parked car, at 132 Street between. _ Seventh and Eighth Avenues, whele : _ police officers aproach my car and start _ "question me and remove me of the car false arrest me without probable cause _and search the carin accuse me forbe _ stolen my own | phone, and claim again _ _ my Tennessee valid licence was forged, _ _ and took me to the police custody at the _ 33rd precinct. A valid Tennessee license _ _Isalegitimate document aNYofficer _ can't just declare it forged, US law.?,
_ Atthe precinct police officertookmy _ wallet from my pocket and took my □ _ bank cards inside my wallet searchto | the card reader. The subsequent search _ _ of my wallet at the precinct After being _ _ false arrest was akin to searching a small bag or change purse and that was _ unlawful."As Pétition convicted charge?,’ _ The protections embodied inarticle|, _ §12 of the New York State Constitution _ _ serve to shield citizensfrom warrantless _ _ intrusions on their privacy interests, _ including their personal effects’(People _ Jimenez, 2014, 22 N.Y.3d 717,719. 2.
_ The same police officers false arrest me | _ | in charged me with 7, différents charges | _ Penal Law 170.25, In Penal Law 155.35, in Penal Law 165.45, in Penal Law □ | 165.05, in Penal Law 220.03, □□ Penal Law 221.05, inVTL 051.10. Grand jury | dismiss, 6, of that arrest 7, charges | against me without my present in court. | | Lwas indicted with Penal Law 170.25, _ for my valid Tennessee driver's licence, _ with:my own bank credit cards. Number | appear on the state court trial record | 45473500000. As conviction charges _ Reading ‘same number five zéro link _ print on the banks crédit card?????.
How five zéro link print cant be abanks _ | card,? number appear on the state trial
_ court Workers have banks crédit card _ Verify, why one of they court Workers _ did not have five zéro link print on they bank card?. impossible banks card five zéro link can’t purchase, As 00000, link.
The grand jury indictment was procured | | by fraud in perjury under false oath. 3.
UNnMa&recn 7, 2U To, | Was danlstefeag tO court, at the grand jury procedure my _ due process right was violated without _ my present in front of the jurys. □
_ Police officer O'hara, false testify at | grand jury that my valid Tennessee □ driver's licence was forged, and officer | Kusterer also testify at grand jury that _ he used a scanner to inspect my valid _ driver's license the results flaggedthe | license was forged, Officer Kusterer did notused an ID scanner issued bythe _ New York Police Department and used an ID scanner that he owned personally. □ _ AvalidTennessee license is a legitimate _ | document a NY officer can't declare it | forged without justification in false | arrest me, See: Monell v. New York | Dept. of Social Services, 436U.S.658
_ charged valid tennessee driver's licence, the grand jury indictment was procured □ . under perjury in false oath. Officer O'hara lie that | was parked in the _ front of the church, another false oath, 4 □
| officer Kusterer and officer O'Hara _ violated my due process right in Fourth _ Amendment protections garantee under © | the U.S. Constitution, Both officers there | are personally involved with deprivation _ of my rights under the color of law.
The initial arrest lacked probable cause. | even if later indicted on a separate _ charge. Six charges dismissed by a | grand jury suggests weak evidence. | precinct fake charge. See Sankara v. | Martuscellor,18-cv-6308, Oct 27, 2025. □ _ The City of New York are liable too, □ | | was wrongfully convicted by the jury's. □ | who did not knew about the laws as for _ | precinct fake charged got me convicted _ | Number appear on the state court trial | record 45473500000?. My conviction = _ charges Reading same number five zero | link print.on the banks crédit card?????, false arrest, false imprisonment, "unlawful seizure, malicious prosecution, | malicious'abuse of process, excessive _ force, imposing unconstitutional | conditions of confinement. 5.
MEE MINI OILY SMELL Veo IE _ the parties’ citizenship) or other specific — statutes. Federal question jurisdiction, _ The basis for federal question matter of _
_ federal courts the authority to-hear civil — _ cases that involve a question of federal _ law, such as those arising under the U.S. _ Constitution, federal laws, or treaties The general authority of federal courts _ _ to hear a civil case based onthe subject matter of the dispute., See:United _ Student Aid Funds, Inc., 559 U.S. at 275.
_ The authority for this jurisdiction comes _ _ from Article 3 of the U.S. Constitution = and is codified in 28 U.S.C.§ 1331. the — resolution of the dispute dependson _ Interpreting the Constitution, a federal law, or atreaty. For a case'to qualify, the — _ federal question must appearonthe = _ face of the plaintiff's complaint.
Officer O'hara and Officer Kusterer _ cause me indicted with perjury oath.trial _ paper fabricate charge counts appear _on the state trial record,See TOWNEv. DAVIS, 66 NH. 396 22 A, 450. 6.
| Police onicer Ohara misconduct taise | arrest me without probable cause and process me at two different precinct = 33rd. Precinct and 32 precinct, and used _ | two different shield number at the state _ | court different procedure mislead _ identified himself. both number, Badge #4408, Shield # 20203.0on court records _
Police officer O'hara original precinct he _ | was a signe to 25th Precinct. Inwithout _ | his jurisdiction, he false arrest me took | me to 33rd precinct in process me again | | at 32nd Precinct.?, 33rd precinctand | 32nd Precinct both precinct process | paper on the state court record. | Police officer O'hara at the precinct took _ my wallet inside my pocket inswipmy | bank cards to the card reader in Switch _ | my credit cardsnumber number | appear on the state trial record, See, | 45473500000, two of the conviction _ charges Reading same numbers five = _-zéro print onthe card?, number appear on the state trial record. without any | accuse crime items évidence submit to | the court for to convicted me?: 7.
| The Fourth Department analyzed _ whether this principal applied to alegal _ _ malpractice action with an underlying criminal matter. Id. 915 N.Y.S.2d at 780. _ The First Department addressed this | very issue in Wilson v. City of New York, | 294 A.D.2d 290, 743 N.Y.S.2d 30 (ist _ Dep't 2002), holding that the recovery of | | nonpecuniaty damages is not permitted. However, the Fourth : | Department declined to follow the : holding in Wilson. _
| In'rendering its decision, the Fourth _ Department analogized a criminal legal _ malpractice action to causes of action _ for false arrest and malicious | prosecution, both of which permit _ recovery for the plaintiff's loss of liberty — _ resulting from the plaintiff's wrongful _ incarceration. Id. at 1589, 915N.Y.S.2d at 780. The Court further observed that _ _ ina criminal case, the risk of imprisonment is a direct result of attorney malpractice. Consequently, "the _ Fourth Department concluded, See, | Dombrowski v. Bulson, 79 A.D.3d 1587, N.Y.S.2d 778 (4th Dep't 2010). 8. |
| to 42, U.S.C.§ 1983 Under Federal Rules | civil procedure to granted my motionin _ | vacated the judgment Memorandum | and Order date Dec 4, 2017, Underthis _ | court order Jan 23, 2026,
| Police Officer Liam.O'Hara and Detective _ | Brian Kusterer, are employed by NYCPD _ are liable for false arrest imprisonment | unlawful seizure, malicious prosecution, _ | malicious abuse of process, excessive _ | force, imposing unconstitutional _ | conditions of confinement, and inflicting □
| emotional distress inaconsciousand | negligent fashion. Plaintiff sought relief is $50.000.000.00, dollars. Hon Judge _ discrimination cant setllethe lawsuit = | conpersation money amount damage under the Law. Respectfully submitted. _ | "CC:To, David Ferrari, New York City Law Dept. Special Federal Litigation Divisio 100 Church St. New York,NY 10007"
| |Ahmadou Sankara,Alien#097-528-851 _ | BP 133 ANYAMAIVORY. COAST. | Date Jan 26,2026, Sankaraahmadou —
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