Trials & Litigation

'Spider-Man' plans false-arrest suit against NYPD, seeks fair treatment of costumed superheroes

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Just in time for Halloween, an individual who routinely dresses as Spider-Man is planning to file what may be the first lawsuit challenging New York City’s treatment of costumed superheroes in the Times Square area.

Plaintiff Jose Escalona-Martinez, 41, says he was arrested for aggressive begging and jailed for a couple of days but beat the rap earlier this month after a bench trial. Now, in a Manhattan Supreme Court filing, he is seeking permission to file a late notice of claim, the first step toward a lawsuit against the New York police department, the New York Daily News reports.

Escalona-Martinez “feels that these character actors are being singled out by the NYPD for arrest and harassment, and are being treated unfairly,” his lawyer, James Franzetti, tells the newspaper.

The New York Post also has a story.

See also:

ABAJournal.com: “Naked Cowboy Sues Female Competitor, Says She Stole His Shtick”

ABAJournal.com: “How to curb costumed characters in Times Square? Officials cite First Amendment quandaries”

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