Alycia Lane has filed a notice of claim in the New York City Comptroller's Office alerting the city to a potential future lawsuit seeking $5 million-plus from the City of New York, the New York Police Department and nine individual police officers. According to New York legal procedure, a party has 90 days from the date of an incident in which to file notice of claim. Lane would have one year and 10 days left to file a lawsuit.
The claim, filed March 6 by Lane and attorney David Smith, who represented her in her criminal hearing last month, names the city, the NYPD, Patrol Officer Bernadette Enchautegui - the officer Lane was charged with assaulting - as well as Patrol Officer Richard Lawrence. Other defendants are the integrity- control officer of New York's 10th Precinct and "John Does 1 to 6, representing several unidentified sergeants, lieutenants, and police officers of the NYPD 10th Precinct in their individual and official capacities."
Reached last night, Smith said, "I can't comment on the likelihood or odds of a lawsuit being filed. That's a decision that has not been made at this time. The notice of claim was filed simply to preserve all of Alycia's options."
Lane was charged with assaulting Enchautegui at 9th Avenue and 17th Street in New York at 2 a.m. on Dec. 16 during an incident in which Lane, her boyfriend Chris Booker, Q102's morning host, and another couple were involved in an altercation with three plainclothes police officers. Lane was the only one arrested.
According to a NYPD report, she also was alleged to have called Enchautegui a "f---ing dyke" in the altercation, during which Lane took pictures of police arguing with her friends.
Lane's claim charges that her civil rights were violated, citing false arrest, unlawful imprisonment, conspiracy to deprive her of constitutional rights, libel, slander and defamation. According to the claim, Lane suffered "among other things, economic injuries as a result of defendants' unlawful and unconstitutional acts and omissions."
The claimant "seeks punitive damages as a result of defendant's unlawful and unconstitutional willful, malicious and/or reckless conduct," states the legal filing, which seeks damages "in excess of $5 million dollars to be determined by a jury."
"We have not received the formal legal papers yet; however, we will review them thoroughly," Kate O'Brien Ahlers, a New York City Law Department spokeswoman, told us last night.
In a four-minute hearing on Feb. 25, Manhattan Assistant District Attorney Michael Greenman asked that felony assault charges against Lane be dropped because the injuries to the officer Lane had been charged with assaulting were not serious enough to merit the charge. Greenman and Smith agreed to an adjournment in contemplation of dismissal, or an ACD. It's essentially a dismissal of her case, if she doesn't get arrested in the next six months.
Lane doesn't have to report to a court officer, nor is she under court supervision.
"I just want to say I'm so glad this is over," Lane said Feb. 25 on the steps of New York Supreme Court. "And I want to thank all of those who supported me and believed in me. And I just look forward to moving on with my life."
We reported last month that Lane is writing a book about her life and the incident in New York that led to her arrest and the loss of her job as CBS 3 news anchor.
Lane and attorney Paul Rosen also have filed a civil suit against the station alleging wrongful termination. Lane, who started working at CBS 3 in September 2003, made nearly $800,000 per year, according to station sources, and was under contract until September 2011. She was fired Jan. 1, though the decision was not announced publicly until Jan. 7. CBS 3 management was unhappy to learn of Lane's arrest by reading this report during a station holiday party.
The station was also none-too-pleased that Lane called Gov. Rendell after her arrest in what appeared to be an attempt to ask him to intervene on her behalf.
"As we have said previously, we made a decision in January that was not based solely on the New York incident of December 16 but rather on a series of judgments made by Alycia when she was working at CBS 3," station President Michael Colleran said of Lane's firing after her Feb. 25 hearing.
Lane did not respond to an e-mail we sent her last night.
Dan, she should also file for a restraining order against you. H must be jealous.— Steak
Comment removed.- Maybe she realizes that there is no suit agains ch 3 because she did become the news, but I do know that she's an idiot. She gets a break from the NYPD and then screws them. She'd better stay out of NYC or they will be harrasing her until she screws up her "probabation" and ends up with another infraction.— PHILLYCHITCHAT
- Comment removed.
- Comment removed.
- Again - is there any man out there who wouldn't love to plant his entire face in Alycia's lovely derriere?!— the answer man
- She was found guilty of a lesser charge and that automatically bars her from suing the NYPD unless she wants them to retry the dropped felony count.— James
- Comment removed.
- It's a man, baby!— Sinmbile
- Comment removed.
- Comment removed.
- Comment removed.
- Comment removed.
- Comment removed.
- Comment removed.
- News | Sports | Business | What's Happening | Restaurants & Food | Entertainment | Living | Marketplace | Jobs
