WHITE PLAINS — A Clarkstown woman cleared of drug dealing charges has filed a federal lawsuit accusing prosecutors and police of malicious prosecution, false arrest, and defaming her.
Melissa Brown contends authorities illegally charged her without probable cause on Feb. 10, 2023. Her lawsuit states law enforcement officers violated her constitutional rights after raiding her Congers home with a defective search warrant while she stood in her kitchen.
The lawsuit names the Rockland District Attorney's Office, the Clarkstown Police Department, arresting Clarkstown Officer Thomas LaTorre, the U.S. Drug Enforcement Administration, and unnamed officers and District Attorney's Office personnel. Brown's attorney Gary Graifman of Kantrowitz, Goldhamer & Graifman, filed the lawsuit on June 24 in the U.S. District Court in White Plains.
Clarkstown Town Attorney Kevin Conway and District Attorney Thomas Walsh declined to comment on pending litigation. Those named in the lawsuit have not filed legal papers contesting Brown's claims.
Brown is seeking monetary awards and a jury trial before Judge Nelson Roman.
Brown's lawsuit claims constitutional violations
The legal action states police took Brown's cellphone without her knowledge, and detained and handcuffed her for an hour outside her home before putting her into a patrol car without advising her of her constitutional Miranda rights against self-incrimination.
The lawsuit states that due to the authorities publicizing Brown's arrest, they soiled her reputation. She subsequently lost her job of more than 17 years as a senior director of human resources for an Ivy League college.
"The filing of criminal charges and release of information were both, upon information and belief, effectuated with malice," Brown's lawsuit states. "Upon the alleged charges being voluntarily withdrawn and a motion to seal ... being granted, defendants, in violation of their obligations, continued to publish, disseminate and distribute the claimed charges and the arrest of plaintiff, despite the order to seal the record."
During a news conference announcing the arrests on Feb. 15, 2023, Walsh and DEA Special Agent Frank Tarentino outlined the investigation. Tarentino, who oversees the DEA's New York Division, described Carl Desir of Congers and Brown, then 43, as "significant" drug traffickers who were "pushing poisons on our streets."
They announced the seizure of five kilos of cocaine with an estimated street value of $1.5 million, two guns, including a Tec-9, $23,000 cash, marijuana, and edible tetrahydrocannabinol, known as THC, in packages with common candy names. THC is a psychoactive synthetic component.
They also announced at that time that their investigation led to a raid on a Nyack house that produced a kilo of cocaine, an automatic pistol, 12 Oxycontin pills, and $200 cash.
Desir, 49, is serving six years in state prison on his conviction for drug possession and possession of a weapon. His earliest possible release date is March 24, 2028, according to the New York State Department of Corrections and Community Supervision website.
Lawsuit claims authorities falsely charged and defamed Brown
Brown's lawsuit says the District Attorney's Office never brought the felony charges against her before a Rockland grand jury. Prosecutors offered Brown immunity to testify against Desir, the lawsuit states. The District Attorney’s Office later filed a certificate of disposition dismissing all charges against her on July 31, 2023. On Aug. 3, 2023, the Clarkstown Town Court issued a certificate of disposition dismissing the charges.
"Subsequent to the February 10, 2023, arrest of Melissa Brown, those allegations were negligently, recklessly, and/or intentionally released to the public by the Clarkstown Police Department and the United States Drug Enforcement Administration ( “the DEA”) by press release, which resulted in reporting on the arrest and charges against" Brown, the lawsuit argues.
The Journal News/lohud is among media outlets that reported Desir and Brown's arrests.
The lawsuit contends that the authorities refused to publicly retract or amend their public release of information outlining allegations against Brown, even after the charges were dismissed.
The lawsuit claims authorities violated Brown's civil rights and, by publicly accusing her of criminal offenses, portrayed her as being involved in a large-scale criminal drug enterprise. As a result, Brown feared for her safety and suffered humiliation, it claims.
Brown's lawsuit seeks compensatory and punitive money damages, and costs involving the lawsuit, including reasonable attorney’s fees. No amount is cited in the lawsuit, which demands a jury trial.
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal
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