New York City bodega clerk, Jose Alba, who had murder charges dropped after video evidence showed he acted in self-defense, is now suing District Attorney Alvin Bragg and the NYPD for civil rights violations.
Alba filed a lawsuit in the Southern District of New York on Friday, alleging he was wrongfully prosecuted due to Bragg's "racial equity" policies. The complaint names Bragg, NYPD Detective William Garcia, and unidentified arresting officers and detectives of the NYPD as defendants.
According to the complaint, Alba was charged with second-degree murder and faced high bail at his arraignment, despite the fact that he was the victim of an attack by Austin Simon and his girlfriend, Tina Lee. The complaint argues that Bragg's "racial equity" policies, while well-intentioned, have resulted in discrimination against certain defendants based on race. Alba's attorney, Richard Cardinale, stated that his client is seeking justice and compensatory and punitive damages against the city.
The lawsuit also includes Department of Corrections Commissioner Louis Molina and other DOC officials as defendants, holding them responsible for the unconstitutional conditions of confinement and inadequate medical care at Rikers Island.
Alba's case gained national attention after he was initially charged with second-degree murder for killing Simon, who was seen on surveillance video attacking him behind the cashier's desk at the Blue Moon convenience store in Manhattan. Despite claiming self-defense, Alba was sent to Rikers Island prison and given $250,000 bail, which sparked outrage within the city's Dominican community.
The complaint highlights the widespread outrage against Bragg and his office for charging a law-abiding, older working man for defending himself during the crime wave in New York City. It also criticizes the legislation and policies that hinder law enforcement's ability to combat crime. The complaint states that while Alba suffered at Rikers Island, unsure if he would face a long prison sentence for lawful self-defense, Bragg responded defensively by stating that he was still investigating the incident.
Bragg's office faced significant condemnation for bringing charges against Alba, as the video evidence strongly suggested that Alba grabbed a knife and fatally stabbed his assailant only after being attacked first. New York City Mayor Eric Adams and former NYPD Commissioner Bill Bratton, among others, publicly decried the initial charging decision, stating that Alba acted in self-defense to protect himself from either an attempt on his life or a robbery in progress.
Under mounting public pressure, the district attorney dropped the murder charge on July 19, 2022.
Alba had previously announced his intention to sue the city in February, but the case was delayed as his attorney attempted to negotiate a pre-lawsuit settlement. However, an agreement could not be reached, leading to the filing of the lawsuit. Cardinale emphasized that the case is strong, relying on the defendants' own documents, statements, and papers filed in the criminal case.
During his campaign for district attorney, Bragg emphasized the importance of racial equity and expressed his belief that theft should not be prosecuted as it is a "crime of poverty." He argued that prosecuting young people for theft, even if it doesn't result in incarceration, does not make society safer. Bragg's comments were made during a discussion with Young New Yorkers, an organization that applies a racial justice framework to divert individuals under 25 facing charges from the criminal justice system. Bragg's overall intention is to "shrink the footprint" of the criminal justice system.
Bragg has faced criticism for his perceived soft-on-crime approach as Manhattan's top prosecutor.
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