A Black dentist in New York has filed a notice of claim, a legal prerequisite prior to filing a lawsuit, against the city after he said police officers racially profiled him in March and accused him of breaking into his own office while he was taking out the trash.
Dr. Benjamin Shirley said police approached the entrance of his facility in Manhattan, shining their flashlights inside and demanded that he provide identification. Shirley said they threatened to break into the establishment even after he identified himself as the owner, the New York Post reports.
In the $5 million notice, Shirley came forward with claims including negligence, false arrest, unlawful detainment, illegal search and trespass. In the surveillance video he provided, police are seen trying to communicate with the dentist via an intercom system.
Court papers allege that two police officers “attempted to unlawfully gain entry to the building by force and repeatedly called [Shirley] threatening to destroy his property and enter with force if he did not come outside despite the fact that at all times, they lacked any probable cause or reasonable belief that [Shirley] had committed any crime.”
Reza Rezvani, Shirley’s lawyer, said the officers threatened to break his security system to gain entry into the office, which prompted a frightened Shirley to call 911.
“They were threatening to break in, they were threatening to break down the security equipment, they were threatening to break down the door and go inside,” Rezvani told the New York Post.
Shirley said the police saw him enter the facility but decided to antagonize him for some reason.
“I’m actually being harassed by the cops here. I’m pretty scared here. I’m working in my office and they shine the flashlight in my face,” the dentist is documented saying in the 911 call logs.
“They are asking me for my ID and I’m not doing anything. I don’t know if it’s because I’m African American,” he added.
When more police showed up after a 30-minute standoff, Shirley came to the door and showed his ID that listed his office address before police vacated the area.
“Despite the fact that [Shirley’s] state-issued identification lists the address of the location of incident, [Shirley] was forced to provide his identification to [the police officers] multiple times before they would agree to leave,” the notice of claim states.
Shirley’s lawyer said that the dentist didn’t go outside to meet the officers earlier in the encounter because he was scared.
“Imagine how terrifying it is to have to call the police on the police and then to be met with no help,” Rezvani said. “It’s the definition of helplessness.”
The New York Post reports the 44-year-old dentist works late hours regularly and takes emergency cases as needed at all times of the day.
According to Upper West Side Dental’s website, Shirley earned a Bachelor of Science degree in Mathematics as a NASA scholar from Morehouse College and later received his Doctorate of Dental Surgery from another HBCU while at Meharry School of Dentistry. As a second-generation dentist, Shirley says he prides himself on creating a culture of respect for those who visit his office.
“I treat my patients the way I want to be treated; with respect, dignity and first rate care. It is my priority to make sure my patients are comfortable and well informed,” he said on his website.
Next month, Shirley said he plans to file an official suit. NYPD spokesman Edward Riley said the department will evaluate the lawsuit “if and when it is filed.”