Ex-transit officer Jere Upsher’s lawsuit, which involves a criminal case that was dismissed and sealed, charts new territory, says Upsher’s lawyer, John Scola.
“It violates the law,” Scola told the Daily News. “It’s the same as if it was a doctor or a custodian. It doesn’t matter that they’re police officers.
“They’re protected just like anybody else.”
Upsher got into hot water in November 2017 when she was arrested and accused of misdemeanor assault and menacing following a row in her Brownsville, Brooklyn apartment with her then-16-year-old daughter Briannah over the teen’s refusal to introduce her new boyfriend to her parents.
“I’m old-fashioned,” said Upsher, 41. “You can date at 16, but I want to meet the young man. That became an issue. And she was going late to school. There were other things as well.”
Briannah told police that Upsher hit her with an iPad and threw her out of the family’s apartment.
Her daughter’s claims to police were untrue, Upsher said.
When Briannah refused to cooperate further with authorities, the charges were adjourned contemplating dismissal, then later dismissed. The criminal case was ordered sealed.
Upsher said her daughter later admitted to her she made up the allegations to get back at her.
But based on the sealed case, the NYPD moved forward with departmental charges, Upsher and Scola say.
According to the suit, Upsher was offered a plea deal under which she would forfeit 30 days pay, be placed on