Emily Dominguez sues Rockland DA's Office for injuries allegedly suffered when arrested

NEW CITY - Former Haverstraw village Deputy Mayor Emily Dominguez has filed a multimillion-dollar federal civil rights lawsuit contending District Attorney's Office investigators injured her while using excessive force when arresting her after she left a courtroom hearing on theft charges.

Dominguez's lawsuit claims one of the two investigators, Conor Fitzgerald, roughly twisted her arm and handcuffed her in the hallway while arresting her on new charges claiming election law violations. When Dominguez claimed about being in pain, the investigator twisted her arm harder, tightened the handcuffs, and jerked her arm leading her off, the lawsuit says. Her lawsuit says she's required surgery.

Dominguez had attended a court session in November 2021 involving a 35-count indictment charging her, her sister, and their mother conspired to steal $11,000 from a nonprofit organization. When she left the courtroom, Fitzgerald and investigator Diedre Smith, arrested her on a new charge of violating state election laws. The lawsuit claims Smith pressed her hand on top of Dominguez's chest, causing a popping sound.

Lawsuit: Emily Dominguez files federal lawsuit against Rockland District Attorney's Office

Seeking dismissal: The attorney for District Attorney's Office and county seek dismissal

Guilty plea: Haverstraw ex-Deputy Mayor Emily Dominguez, sister admits stealing from nonprofit

Dominguez and her sister, Janice Dominguez, have since pleaded guilty and face sentencing on Jan. 18 on one felony count of fourth-degree grand larceny covering the theft of property up to $3,000. The pair have denounced the prosecution as politically motivated by District Attorney Thomas Walsh, a former Haverstraw village justice.

Walsh and his spokesperson have declined comment on the lawsuit and the details of the plea bargain that reduced the case to a single charge. They referred questions to Harris Beach PLLC, the White Plains law firm hired to represent the District Attorney's Office and others named in the lawsuit.

The case against their mother, Luz Marina Gutierrez, has been resolved with an adjournment contemplating dismissal. Walsh's office has not announced their pleas after issuing releases on their arrests.

In court papers, attorneys for the two investigators, Walsh, Rockland County prosecutors, government officials, and others named in the lawsuit laid the groundwork for asking a federal judge to dismiss Dominguez's legal action on the grounds she failed to cite a cause of action. Her first lawsuit was dismissed on those grounds by U.S. District Court Judge Kenneth Karas.

Dominguez's lawsuit claim includes the investigators violating her Fourth Amendment rights and committing common law assault and battery and violating her First Amendment rights when they refused to hear her cries of being in pain.

Dominguez filed the lawsuit on her own and amended it in September, with help from law students with the New York Legal Assistance Group. The federal judge has given her a final extension until Jan. 17 to file an opposition motion to the attorneys for the District Attorney's Office and others.

Her lawsuit claims she suffered damage to her nerves, cervical vertebrae, and bones connecting her hand upon her arm to her neck. Her lawsuit claims she might need a second surgery for a torn rotator cuff. Dominguez says the investigators refused to cuff her in front of her body, leading the male investigator to whisper insults in her ear and intimidate her.

She also argues Walsh's office sought to embarrass her with a public arrest when prosecutors could have issued her a court appearance ticket or had Judge David Zuckerman handle the new charges during her appearance before him.

Attorney Darius Patrick Chafizadeh of Harris Beach wrote is seeking to dismiss the case. His arguments include Dominguez's failure to cite a cause of action against the investigators and others named in the lawsuit. He also argued her First Amendment claim was off-base and doesn't mean the officers had to listen to her complaints.

"For the reasons discussed above, the Court should grant the Rockland County Defendants leave to file the aforementioned partial motion to dismiss the plaintiff’s amended complaint," Chafizadeh wrote

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com. Twitter: @lohudlegal.

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This article originally appeared on Rockland/Westchester Journal News: Ex-Haverstraw trustee faces sentencing in January for $11K theft