A Hispanic bodega worker, Jose Alba, is suing the Manhattan District Attorney and the New York Police Department for racial discrimination. Alba claims that he was unfairly charged with murder for defending himself during an attack at the store where he worked.
He alleges that the District Attorney’s “racial equity” initiative favored Black individuals over others in criminal cases, which had a negative impact on him.
In a lawsuit obtained by Atlanta Black Star and filed on Sept. 29 in a Manhattan federal court, the city of New York, Detective William Garcia, New York County District Attorney Alvin Bragg, Department of Correction Commissioner Louis Molina, and twenty unidentified police officers are named as defendants.
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He claims he was a victim of an illegal seizure, false arrest, malicious prosecution, violation of his equal protection rights, violation of his due process and fair trial rights, racial discrimination, failure to intervene, and more assertions tied to his imprisonment.
According to Alba’s complaint, a Black man named Austin Simon, who had a criminal record, violently attacked him while he was working at the Blue Moon bodega on July 1, 2022.
Simon’s girlfriend, Tina Lee, instigated the fight after she and the clerk got into an argument because her EBT card declined after she tried to purchase a bag of potato chips. The woman accused the clerk of grabbing her daughter’s hand to take back the snack.
She told Alba she was going to get Simon to come and beat him up. The boyfriend came into the store seemingly with the intent to cause “deadly harm and serious physical injury” to the 61-year-old Alba. The confrontation became violent, with Alba seeing Lee approaching with a “long knife” after he had already been knocked over by Simon. He was terrified.
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