A man who was roughed up by cops in a caught-on-video arrest that went viral plans to sue the city for $50 million, according to legal papers filed Thursday.
Fitzroy Gayle, 20, filed a notice of claim with the city Comptroller’s office, alerting the city that he intends to file suit for injuries he allegedly sustained in the March 4 melee.
“Respondent Police Officers, did assault [Gayle], in that [Gayle] was grabbed, picked up and thrown to the ground, punched, kicked, stomped and forcefully handcuffed by the Respondent Police Officers,” the notice of claim says, alleging that the cops didn’t have legal cause to arrest him.
The Internal Affairs Bureau is investigating the incident and the cops tried to “cover up their conduct,” the papers allege.
Gayle “sustained, serious injuries” to his right ankle and knee, face, head, neck and back. He also suffers from “mental anguish…fear, anxiety, shame, humiliation [and] indignity,” the papers say.
“When it was first occurring, I didn’t know it was going to get that escalated when the backup came,” Gayle told The Post. “It may seem like I was aggressive at the start towards that officer, but I was just really trying to get an understanding of what was going on.
“The other officers came and they just escalated it, and it was really unnecessary. I wasn’t even trying to fight back with them,” Gayle explained.
“To be honest this whole situation is really overwhelming,” Gayle said adding that he now goes to therapy a couple times a week.
Gayle is cooperating in a criminal probe of the officers’ conduct by the Brooklyn District Attorney, according to Gayle’s lawyer, Sanford Rubenstein.
“We look forward to deposing all of the police officers involved in his beat down,” Rubenstein said in a statement. “Fitzroy continues to receive medical treatment for the injuries sustained. The fight for Justice for Fitzroy Gayle continues.”
“Even in this pandemic, we must continue to keep the pressure on the NYPD,” Reverand Kevin McCall, an adviser to the family said. “We have two hands: one to fight COVID-19, use the other one to fight for Justice for Fitzroy Gale by any means necessary.”
A cell phone video of the incident shows at least a half-dozen cops pounce on Gayle outside of a playground in Brooklyn’s Canarsie section.
“I did not commit a crime…Help me. Oh my God,” Gayle can be heard sobbing in the video, later calling out for his mom as he’s handcuffed.
Police — who had been looking into a report of gunshots — said they approached Gayle after spotting him smoking marijuana in the park.
When an undercover cop went up to him Gayle could be heard saying in the video, “Yo, what crime did I commit? You’re not supposed to do that. That’s the law.”
“Stop moving!” the officers shout back before converging on him.
Gayle was charged with resisting arrest, obstruction and marijuana possession.
But Rubenstein says the DA’s office plans to drop the charges against Gayle once the courts — most of which are currently closed during the coronavirus pandemic — open back up again. The DA’s office did not immediately confirm this.
“We are looking forward to all of the charges being dismissed against him,” Rubenstein said.
Less than a week after the incident, Gayle’s mom, Daphne Gayle, met with lawyers and a member of the mayor’s administration calling for a swift investigation and punishment of the cops involved.
The Brooklyn DA’s office has said that it is looking into the incident but declined to confirm whether the charges would be dropped.
The NYPD deferred comment to the city Law Department which declined to comment.
Additional reporting by Tina Moore