Tyrone Phifer, of Hempstead, alleges in $30M lawsuit that Nassau police violated his constitutional rights during 2021 stop

A Hempstead man said he was wrongfully arrested and assaulted by Nassau police officers as he left his foot doctor’s office in 2021 in a federal lawsuit filed late Wednesday.

Tyrone Phifer, 63, alleges the police violated his constitutional rights and argued his arrest is part of a systematic failure by Nassau authorities to identify abuse and discipline officers who engage in misconduct.

"Patrick Ryder, the commissioner, and Nassau County know that there is a pattern and practice of arresting African Americans at a much higher rate than white individuals in Nassau County," civil rights attorney Fred Brewington, Phifer’s lawyer, said at a news conference in Hempstead on Thursday.

The complaint seeks at least $30 million in damages.

Phifer, who is Black, was arrested on Dec. 22, 2021, and charged with obstructing governmental administration. The charge against Phifer was dismissed 10 months later, on Nov. 1, 2022. Much of the incident was recorded by an officer’s body camera, and Brewington shared the video with the media.

Citing data provided by New York State’s Division of Criminal Justice Services, Brewington said Black people are charged with that crime nearly 19 times the rate of white adults.

"So when we talk about Nassau County being the safest county in the nation, who is it safe for?" Brewington said. "I just have to ask this question: Who is it safe for? It is not safe for individuals who look like Mr. Phifer."

Phifer, a grandfather of eight and a National Guard veteran, said he continues to be traumatized by the encounter. He said he can no longer go to medical appointments or shop for groceries without family members.

"I thought I was really going to be hurt, or accused of something they knew I didn’t do," Phifer said. "It really bothered me."

Phifer said he had undergone hip surgery shortly before the incident and was in pain throughout.

The lawsuit names Ryder, the police department, Nassau County, and four officers as defendants. A spokesman for Ryder and Nassau police said the agency could not comment on pending litigation. The Nassau County Police Benevolent Association and Chris Boyle, a spokesman for Nassau County Executive Bruce Blakeman, did not return requests for comment.

The lawsuit, filed in the Eastern District of New York, said Phifer had completed a podiatry appointment at Baldwin Foot Care in Baldwin and had exited the office when he was stopped by Nassau police Sgt. Daniel Imondi and Officer Richard Fosbeck. The two officers, along with Officer Quinn Knauer and Officer Patrick McGrath, are named as defendants.

The officers, the complaint said, told Phifer they were looking for a man named "Leroy" and accused him of beating up a woman.

Police records, however, showed officers were looking for a man named Wilfred Elwin, who was 20 years younger and had different clothing and physical attributes, the lawsuit said. Phifer told them they had the wrong person.

"Let’s stop the [expletive], Leroy," the officers told Phifer, according to the lawsuit. "You know what you did."

When Phifer tried to leave, Imondi snatched an umbrella and two paper bags carrying medication and Christmas cookies from his hand and threw them to the ground, the complaint said. Fosbeck pulled Phifer’s arms behind his back.

The officers later told Nassau prosecutors that Phifer had swung the umbrella, jeopardizing the officers’ safety, and continued to fight even after he and Fosbeck fell backward. The lawsuit said that is a fabricated story.

Knauer and McGrath arrived at the scene but failed to intervene while Imondi and Fosbeck abused Phifer, according to the lawsuit. They helped to restrain and arrest Phifer.

The officers confirmed that they had stopped and restrained the wrong person. "You fit the description," Imondi told him, the complaint said.

"So every Black man fits the [expletive] description?" Phifer responded.

The lawsuit, citing data from Nassau County, said 3,656 Black people were arrested in Nassau in 2021, compared to 3,400 white people. Black people make up 10.6% of the county’s population.

Brewington and community advocates who attended Thursday’s news conference said they have sought to meet with Ryder about racial disparities in policing, but the commissioner has refused.

"Mr. Ryder, you need to bring your dusty butt into the corridor and talk to us," Brewington said. "Yes, I’m calling him out. I’m calling him out. I’ll meet you any place, any time, to debate this to talk about this. We need to talk about how the African American community and the Hispanic community can feel safe in Nassau County."