Bayas, who is Hispanic, said that he started working in the Narcotics Division in March 2001 and right from the outset, he noticed that he and other Hispanic employees were treated differently due to their race.
The lawsuit alleges that he and other Hispanic employees noticed that Caucasian employees were receiving more favorable assignments, overtime and promotions although they had less favorable employment histories. While assigned to Narcotics Borough Queens, he was promoted to Third Grade. He was never put in for Second Grade. Believing that a change could help him get promoted, he requested and was granted a mutual transfer to Brooklyn South Narcotics in July 2007.
The lawsuit alleges that he was assigned to work the Late Tour but, felt very uncomfortable. The former commanding officer of Brooklyn South Narcotics questioned his transfer. Other detectives questioned his transfer. Former detective Jerry Bowens especially did not trust him accusing him of being “IAB.” Unbeknownst to him, Brooklyn South Narcotics was under a major investigation by the Internal Affairs Bureau in conjunction with the Kings County District Attorney’s Office, the scope of the allegations included: “flaking” aka planting drugs on people, giving drugs to confidential informants, and a host of other related criminal conduct.
The lawsuit alleges that in fall 2008, he was questioned about corruption at Brooklyn South Narcotics. He was told by investigators with Internal Affairs “Not to worry. You have nothing to worry about because we know that you had no involvement with him (meaning former detective Jerry Bowens), we just want to ask you a few questions.” They proceed to ask him “Do you know anything about removing guns from his locker?” He replied “No.” Shortly thereafter, the interview was over.
The lawsuit alleges that it was later established that two detectives from Brooklyn South Narcotics did receive a telephone call from former detective Jerry Bowens and they removed guns and other contraband from his locker. Those detectives were later suspended for obstructing an official department investigation.
The lawsuit alleges that he received a phone call from another detective assigned to Brooklyn South Narcotics warning him to “be careful.” He was warned that former detective Jerry Bowens believed that he was “IAB” and had a hit list with names on it. The Threat Assessment Unit of the Internal Affairs Bureau never notified him.
The lawsuit alleges that on March 8, 2009, former detective Jerry Bowens shot and killed his former girlfriend and seriously injured her friend in two separate shootings. In October 2009, he was he was transferred to the 7th Precinct, demoted to Specialist and assigned to a patrol squad. In March 2011, he retired with an accidental disability retirement pension.
The lawsuit alleges that because of the Internal Affairs racially biased investigation, he was unfairly demoted although he did not engage in any misconduct. He was never promoted to Second Grade.
Eric Sanders, Esq., of The Sanders Firm, P.C., filed suit on October 28, 2011. The name of the case is: Edgar Bayas v. The City of New York, et al., Docket No.: 11 cv 5266.
The Sanders Firm, P.C., is a nationally recognized law firm serving the Greater New York City Area focused on cases involving Civil Rights, civil service law and immigration rights. Visit http://www.thesandersfirmpc.com
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The Sanders Firm, P.C., is a nationally recognized law firm serving the Greater New York City Area focused on cases involving Civil Rights, civil service law and immigration rights.