Jose Colon has filed a notice of claim after being shot by a New York City police officer in the early morning hours of January 22. The shooting, which left a bullet lodged near the pelvis of the 76 year old resident of the Soundview section of the Bronx, occurred as officers raided Colon’s home looking for his son. The cops entered the residence in an apparent drug raid. Colon’s son, Alberto, was subsequently arrested when officers found heroin inside the apartment.
Doctors at Jacobi Medical Center were not able to remove the bullet despite performing a surgery that required 38 staples to close the incision. “I am going to be living with the bullet for the rest of my life,” said Colon, fearing the wound will prevent him from returning to work for a Bronx nonprofit that provides housing for the homeless and mentally ill.
Mayor Bloomberg and Police Commissioner Kelly both visited Colon in the hospital. The NYPD has not commented on the incident.
In order to commence a lawsuit against New York City, a notice of claim must be filed within 90 days of the incident. If this does not occur, the matter can be dismissed.
Lawyers Alan Figman and Jonathan Weinrich filed a notice of claim on behalf of Mr. Colon, alerting the city and the NYPD of his intent to sue.
Bronx man accidentally shot by cops looking for son speaks about unfortunate incident New York Daily News, John Lauinger, February 6, 2011