Crime & Safety
Cops Brutalized Dad For Trying To Reach His Dying Daughter: Suit
Five cops tackled Noah Maggio, 64, as he tried to go to the daughter he thought had just died inside his Staten Island home, a suit claims.
NEW YORK CITY — A Staten Island dad says cops beat and taunted him in his own back yard because he tried to go to his sickly daughter as she suffered an eventually fatal heart attack, according to new lawsuit.
Noah Maggio, 64, filed suit in Brooklyn Federal Court Thursday against the city and the 123rd Precinct police officers he accused of using brute force against him even though he had committed no crime and his daughter was dying inside his home, court records show.
Cops swooped into Maggio's backyard on Marisa Circle in Woodrow on March 6, 2018, according to the suit.
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Maggio's daughter, who had cerebral palsy, had stopped breathing and, believing she was dead, he stood in the backyard weeping as medics tried to revive her, the complain says.
Suddenly NYPD officers Ryan McGuiness, Salvatore Oliveri, James Amundsen and Christophe Payne broke through Maggio's front gate and shoved him toward the fence, according to the suit.
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When his daughter's nurse came outside to tell Maggio his daughter was breathing again, and the distraught dad tried to go in and see her, the cops jumped him from behind, kicked his legs out from under him, and sent him flying headfirst onto his wooden deck, according to the suit.
The cops then piled on top of him, yanked his arms behind his back and handcuffed him, the complaint claims.
McGuiness then pulled out his Taster and pointed it at Maggio, who asked if he was going to use it, the complaint reads. McGuiness just smiled and repeatedly jabbed a finger in the handcuffed man's chest, according to the suit.
Maggio begged to be allowed to see his daughter, still gravely ill, and became so panicked at their refusals he feared he was also suffering a heart attack, the suit says.
The dad was strapped tightly to the gurney, face upward, with his hands still cuffed behind his back, according to the lawsuit.
As medics rolled him toward an ambulance, McGuiness appeared at his side, swooped in and punched him in the ribs, according to the suit.
Maggio's hands turned purple and went numb under the weight of his body as he and his daughter were taken to Staten Island University Hospital, the suit says.
Eventually a psychiatrist asked the handcuffs be removed and cleared him for release, but Maggio was not allowed to see his daughter before police filed their paperwork, according to the complaint.
Maggio's daughter died about two weeks later, according to the suit.
Patch was not able to immediately reach Maggio, his attorney or the NYPD for comment.
A spokesperson from the city's Law Department declined to comment on the details of the case.
"The loss of a family member is tragic," said spokesperson Nick Paolucci. "We’ll review the complaint when we are served and respond accordingly."
Maggio's suit requests a jury trial to address his claims of false arrest and excessive force and his demand for punitive damages.
"The defendants’ inexplicable actions in responding to a man grieving by smirking, assaulting, handcuffing, seizing, and blocking him from seeing his dying daughter," the suit reads.
"[Their response] was extreme, outrageous, exceeded all reasonable bounds of human decency and truly shock the conscience."
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