Timothy Brown has now filed a federal civil rights lawsuit against the city, two detectives and their supervisors over his April 14 arrest inside BK Wine Depot at Hoyt and Baltic streets.
Brown says he went into a Brooklyn liquor store to buy a bottle of wine. Nearly seven months after NYPD detectives arrested him there, he says he is still dealing with pain and fear.
“I will never be the same,” Brown said during a news conference at his attorney’s office. “Once again, I’m taking it day by day.”
The federal filing follows an announcement in April that Brown planned to sue. His attorney, Derek Sells, said the paperwork filed with the city at that time sought $100 million. Sells said a jury would decide how much Brown should receive.
Brown’s lawsuit alleges detectives Volkan Maden and Michael Algerio arrested him without a legal basis and used excessive force. The allegations have not been decided in court.
According to the lawsuit, the detectives were working an undercover drug operation and looking for a man described as wearing a white shirt and green shorts. Brown was wearing a white T-shirt and teal shorts.
A customer recorded the encounter. The lawsuit says the detectives punched Brown, drove him headfirst into a wine display and dragged him through broken glass. It also alleges they knelt on him while customers called for them to stop.
“I was in a state of shock. I didn’t know what was happening,” Brown said. “I was just coming home from work. You know, going to the liquor store, going to get a bottle of wine.”
The NYPD determined Brown was not the man detectives were looking for. Brooklyn prosecutors declined to pursue charges of resisting arrest and obstructing governmental administration.
The lawsuit says Brown suffered a broken nose, a head injury and a knee wound that required 25 stitches. It says the 46-year-old home health aide has been unable to work since the arrest and has been diagnosed with post-traumatic stress disorder.
Asked how he is coping, Brown described being frightened by sudden sounds.
“Paranoid, you know, I hear certain noises. It frightens me,” he said. “Words can’t express what I’m going through and how I’m feeling.”
Sells said Brown continues to receive treatment.
“This is something that has been life-altering for him, and it’s something that we seek justice for,” Sells said.
The complaint also questions the detectives’ equipment and the supervision of the operation. It alleges neither detective wore a body camera or carried a radio and that one used WhatsApp to request backup.
Brown’s attorneys argue the city failed to address warning signs about the detectives. The lawsuit cites 12 Civilian Complaint Review Board complaints against Maden and eight against Algerio. Those complaint totals alone do not establish that misconduct occurred.
Sells also criticized delays in the police disciplinary process. He said the board, which investigates complaints against officers, had a goal of completing investigations within 90 days. He alleged that delays and NYPD decisions can prevent officers from facing discipline even when complaints are substantiated.
“They didn’t use a gun on Mr. Brown, and they changed his life,” Sells said. “They almost took his life without any weapon.”
In a statement outlining its actions after the arrest, the NYPD said it disbanded the narcotics team involved and placed both detectives and a sergeant on modified duty. The department said it also transferred six other detectives and the lieutenant and captain overseeing Brooklyn North Narcotics.
The NYPD announced a separate 90-day review of its drug enforcement operations, including policies, equipment and training. It said it would increase oversight through regular reviews, audits and inspections.
The department also said its policy contained ambiguity about body camera use during undercover drug operations. It said detectives should activate their cameras when making arrests and that the policy would be clarified.
Brown is asking for a jury trial. He said he wants changes that could prevent someone else from going through what he experienced.
“Something has to be done, and the system has to change and do a better job,” Brown said.