Man Says New Milford Cop Assaulted Him At Restaurant

NEW MILFORD, NJ — A man is suing a borough police officer and the borough of New Milford in federal court after he claims he was assaulted by the officer while he was being arrested in 2017.

Rovin Persad's lawsuit was filed in U.S. District Court in Newark. He alleges in the lawsuit that Officer Samuel Gerais "improperly, illegally, and in violation of plaintiff's constitutional rights, threatened Plaintiff with arrest, and then physically assaulted plaintiff while in the process of effectuating the illegal arrest."

Persad was outside a restaurant on May 5, 2017 when Gerais asked him to leave the area, according to the lawsuit.

Persad did not ignore Gerais' request and "had a lawful right" to be there, and that the business' owner had not said he should leave; Persad "was not engaged in any disorderly conduct," the lawsuit states.

Persad claims in the lawsuit Gerais "illegally, and in violation of the plaintiff's constitutional rights, threatened plaintiff with arrested [sic] and then physically assaulted plaintiff while in the process of effectuating the illegal arrest."

Persad requested to know why he was arrested. He also said Gerais slammed him "head first onto the pavement, causing severe and permanent injuries."

Gerais filed a police report that said Persad was part of a "group of intoxicated parties" outside of Pancho's Burritos on Main Street at about 11:30 p.m. on the restaurant's Cinco de Mayo celebration, NorthJersey.com reported. The group was asked to leave because they were "loud and intoxicated," according to the website.

According to the police report, Persad said profanities and "I own this corner, I can stand here if I want to," NorthJersey.com reported.

Persad is seeking compensatory and punitive damages, reimbursement for attorneys' fees, and "any other relief the Court deems appropriate," the lawsuit states.

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