New York City seeks dismissal of lawsuit filed by former bodega clerk Jose Alba following dropped murder charges

The Chairman of the National Association of Latino State Chambers of Commerce, Frank Garcia, criticizes Manhattan prosecutors for pressing murder charges against a bodega worker who was attacked.

Lawyers representing New York City have requested a federal judge to dismiss the lawsuit filed by ex-bodega clerk Jose Alba following the dismissal of murder charges against him.

The charges against Alba were later dropped by the Manhattan District Attorney’s office following a public outcry of support, including Mayor Eric Adams.

Alba spent almost a week in Rikers Island prison until the prosecutors decided to reduce his bail, which was initially set at $250,000.

Bodega Clerk Jose Alba, who works in New York City, is reportedly leaving the city due to fear for his safety and is considering moving back to the Dominican Republic.


A screenshot from the surveillance video, included in court documents, captures the confrontation involving Jose Alba. (NYC criminal court)

Afterwards, he decided to take legal action against the city, Bragg, and NYPD Detective William Garcia, filing a lawsuit.

Lawyers representing the city argued in a court filing on Friday that they had sufficient evidence to charge Alba. The evidence includes testimony from Simon’s girlfriend, witness testimonies, and surveillance footage of the incident.

According to a spokesperson from the city Law Department, Mr. Alba’s arrest and prosecution were justified based on the available evidence, as outlined in our motion.

Ex-bodega clerk, Jose Alba, files a lawsuit against NYC District Attorney Alvin Bragg for racial discrimination, following the dismissal of murder charges.

Jose Alba was captured on surveillance video as he attempted to steer clear of a confrontation, as seen in a still from the footage presented in court documents (NYC criminal court).

According to city lawyers, they argued that it was reasonable to believe that the plaintiff unnecessarily escalated the confrontation between himself and Mr. Simon, even if it was Mr. Simon who initiated the confrontation.

Alba’s lawyer, Richard Cardinale, expressed his outrage at the city attorney’s filing in a conversation with Fox News Digital.

According to Cardinale, the lawyers representing the city distorted the incident and lawsuit involving Jose Alba by falsely claiming in their motion to dismiss that Alba was the instigator and the one at fault. He also pointed out that the city’s motion to dismiss in the civil case included a statement suggesting that Austin Simon’s girlfriend, Tina Lee, confirmed a sequence of events that supported Alba’s arrest.

In his review of the initial criminal complaint and detectives’ videotaped interview with Tina Lee, Cardinale told Fox News Digital that there is no corroboration of Alba being the initial aggressor.

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