FOR IMMEDIATE RELEASE
NEW YORK, NY – April 27, 2025 – Civil Rights Attorney Eric Sanders, Esq., of The Sanders Firm, P.C., announced today that former NYPD Police Officer Jermack Romero has filed a Verified Complaint in the Supreme Court of the State of New York, County of New York, against the City of New York, former Police Commissioners Edward A. Caban and Keechant L. Sewell, and former Deputy Commissioner Amy J. Litwin. The lawsuit alleges pervasive gender-based discrimination, unlawful reliance on a sealed arrest record, retaliation for asserting protected rights, and systemic favoritism based on political affiliations within the New York City Police Department’s disciplinary process.
The case, Romero v. The City of New York, et al., centers on Romero’s termination from the NYPD after a seventeen-year career marked by exemplary service. The Verified Complaint outlines in exhaustive detail how Romero was subjected to harsher disciplinary actions than similarly situated officers, in violation of the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL).
“This case highlights the NYPD’s persistent failure to uphold the principles of fairness and equal treatment in its disciplinary processes,” said Attorney Eric Sanders. “Instead of recognizing Mr. Romero’s rights, the Department reinforced gender stereotypes, disregarded legal protections afforded to individuals with sealed arrests, and weaponized internal discipline to favor politically connected individuals while punishing those without such affiliations.”
Allegations of Gender Discrimination and Gender Stereotyping
According to the Verified Complaint, Romero was accused in 2021 of domestic violence by a young female acquaintance with whom he had a close personal relationship. Despite the dismissal and sealing of the criminal charges in January 2022, the NYPD continued disciplinary action against Romero, culminating in his termination.
Romero alleges that NYPD officials presumed, based on gender stereotypes, that he was the primary aggressor in the domestic dispute. The disciplinary tribunal, led by Deputy Commissioner Trials Rosemarie Maldonado and Assistant Deputy Commissioner Vanessa Facio-Lince, systematically dismissed Romero’s claims of self-defense and disregarded credible exculpatory evidence.
Romero’s complaint further outlines how male officers like himself faced heightened scrutiny and harsher penalties in domestic incidents compared to similarly situated female officers, who often received lenient treatment or had charges dismissed outright.
“The NYPD’s disciplinary system operates on the harmful assumption that male officers are inherently guilty in domestic disputes,” Sanders said. “This presumption deprived Mr. Romero of a fair hearing and reflects a broader pattern of gender-based discrimination.”
Arrest Record Discrimination in Violation of State and City Law
The lawsuit further alleges that the NYPD unlawfully relied on Romero’s dismissed and sealed arrest record to initiate and sustain internal disciplinary charges, in direct violation of New York Criminal Procedure Law §§ 160.50 and 160.60, as well as protections afforded under the New York State Human Rights Law (Executive Law § 296(16)) and the New York City Human Rights Law (Administrative Code § 8-107(11)).
Under CPL §§ 160.50 and 160.60, once criminal charges are dismissed and sealed, the underlying arrest is deemed a nullity; the individual is to be treated as if the arrest and proceedings had never occurred. New York courts have consistently held that sealed arrests cannot serve as the basis for employment decisions, including disciplinary action, unless an employer can establish independent evidence of misconduct that bears a direct relationship to job performance or creates an unreasonable risk to public safety.
Romero contends that despite these clear legal mandates, the NYPD, through its Department Advocate’s Office, led at the time by Litwin, improperly prosecuted him by relying on the allegations associated with his dismissed and sealed arrest. The Verified Complaint asserts that the Department Advocate presented no new, independent evidence beyond the sealed incident and failed to demonstrate any direct relationship between the dismissed allegations and Romero’s fitness to serve as a police officer or any unreasonable risk to public safety.
Romero’s claims are consistent with recent judicial findings where courts have repeatedly criticized the NYPD for violating sealed records statutes in internal disciplinary proceedings. In decisions such as Matter of Anonymous v. New York City Police Department and Holloway v. City of New York, courts emphasized that NYPD disciplinary bodies must respect the legal finality and confidentiality protections associated with sealing statutes and cannot simply re-prosecute dismissed allegations under the guise of internal discipline.
“The NYPD’s use of Mr. Romero’s sealed arrest record was not merely a procedural irregularity — it was a fundamental violation of state law and well-established public policy protecting individuals from being stigmatized based on arrests that the criminal justice system has explicitly wiped away,” said Sanders. “The entire purpose of sealing is to ensure that people are not continually punished or discriminated against because of unfounded accusations. In Mr. Romero’s case, the NYPD showed blatant disregard for that protection.”
Sanders added, “By weaponizing a sealed arrest against Mr. Romero, the Department violated not only the letter of the law but also the spirit of fairness and rehabilitation that underpins New York’s sealing statutes. This misconduct further underscores the systemic flaws in the NYPD’s disciplinary system that this lawsuit seeks to expose and remedy.”
Arbitrary Discipline, Systemic Favoritism, and Senior Official Misconduct
Romero’s Verified Complaint meticulously documents a pattern of arbitrary, biased, and politically motivated disciplinary outcomes within the NYPD, exposing a deep culture of favoritism protected and perpetuated by the Department’s most senior officials.
Among the comparators cited:
Police Officer Willie Thompson: Engaged in sexual relations with a female witness during an active carjacking investigation. Despite a tribunal recommendation of termination, Caban intervened, overturning the decision and imposing only a 30-day loss of vacation time and dismissal probation.
Police Officer Kimberly Lucas: Pleaded guilty to falsifying COVID-19 vaccination documents — an act of fraud and misconduct undermining departmental integrity. Again, although termination was recommended, Caban reduced the penalty to a mere forfeiture of vacation days and probation.
Sergeant Omar Salem: Committed domestic violence against his spouse but was never arrested or terminated, receiving only minor internal discipline despite credible allegations of physical abuse under former Commissioner Dermot F. Shea.
Detective Marissa Sorocco: Found guilty of intentionally setting fire to marital property in an arson incident, yet allowed to retain her title and only suffered minimal penalties under former Commissioner James P. O’Neill.
- Police Officer Delare Rathour was found guilty of engaging in two separate incidents of domestic violence and reckless endangerment against his wife. In the first incident, Rathour shoved his wife into a closet, causing serious spinal injuries. In the second incident, despite an active order of protection, Rathour drove recklessly with his wife in the vehicle, running red lights and endangering her life, all of which was captured on video. Assistant Deputy Commissioner Jeff Adler strongly recommended Rathour’s termination after finding a blatant disregard for public and familial safety. Nevertheless, Caban deviated from this recommendation and imposed lesser penalties, allegedly due to Rathour’s political affiliation with influential individuals in the NYPD.
These officers, who engaged in serious and sometimes criminal conduct, were shielded from termination due to personal and political affiliations with NYPD leadership. In contrast, Romero, with no political ties and facing only a dismissed and sealed arrest, was subjected to disproportionately harsh treatment, culminating in termination.
More troubling, Romero’s Complaint alleges that favoritism was not limited to rank-and-file officers. Senior NYPD leadership, including multiple past Police Commissioners, routinely violated NYPD Patrol Guide regulations prohibiting association with individuals engaged in criminal conduct. Romero details how senior executives frequently socialized with the principal of a Bronx restaurant who publicly admitted to a criminal history involving narcotics trafficking, prostitution, and related activities.
Despite clear prohibitions against associating with persons reasonably believed to be engaging in criminal conduct, these relationships were tolerated and normalized within the NYPD’s upper ranks, without any disciplinary consequences.
“How can the NYPD claim to enforce standards of conduct among its officers when its leadership blatantly violates them?” asked Sanders. “The same officials who terminated Mr. Romero based on a dismissed and sealed arrest continued to maintain improper relationships with individuals tied to organized criminal activity — yet faced no investigation, no charges, and no accountability.”
Romero alleges that this deeply entrenched culture of favoritism corrupted the disciplinary system from the top down. The seriousness of the misconduct did not determine termination and discipline, but by the political connections of the accused — a system that punished the politically unprotected while shielding those with connections.
“The message was clear: loyalty and relationships mattered more than integrity and fairness,” Sanders said. “The NYPD’s leadership created and maintained a two-tiered system — rewarding insiders and sacrificing those who dared to assert their rights.”
The Verified Complaint asserts that this systemic favoritism, gender-based discrimination, unlawful reliance on sealed arrests, and retaliation for protected activities ultimately led to Romero’s wrongful termination, causing devastating economic, emotional, and reputational harm.
Retaliation for Asserting Protected Rights
In addition to discrimination, Romero claims he was retaliated against for asserting his rights under New York’s civil rights laws. After raising defenses based on self-defense, gender bias, and sealed arrest protections during the disciplinary process, Romero states that disciplinary charges were escalated, and threats of termination increased.
According to the Verified Complaint, Caban and Sewell permitted this retaliation to proceed unchecked, further evidencing a coordinated effort to punish Romero for exercising his protected rights.
“Instead of correcting the discriminatory process, senior leadership retaliated against Mr. Romero for standing up for himself,” Sanders said. “Retaliation for asserting legal rights is unlawful and morally reprehensible.”
Relief Sought
Romero’s Verified Complaint demands compensatory damages, punitive damages, back pay, front pay, lost pension rights, reinstatement or comparable equitable relief, and attorney’s fees and costs.
The action also seeks a declaratory judgment finding that the Defendants’ conduct violates the New York State Human Rights Law and the New York City Human Rights Law, including their amendments that require independent and liberal interpretation under the Local Civil Rights Restoration Act of 2005.
“The culture of bias, favoritism, and retaliation within the NYPD cannot continue unchecked,” Sanders said. “Through this lawsuit, Mr. Romero seeks justice not just for himself, but to hold officials accountable and protect future officers from similar mistreatment.”
About The Sanders Firm, P.C.
Fighting for Justice and Reform to Promote Equal Opportunity
Led by Eric Sanders, Esq., The Sanders Firm, P.C. has a proven track record in civil rights litigation, representing clients in complex cases involving law enforcement misconduct and employment discrimination. Mr. Sanders, a former police officer himself, leverages deep insight into systemic issues facing law enforcement agencies. The firm has successfully recovered millions in damages and remains committed to promoting fairness, integrity, and meaningful reform within public institutions.
Contact: Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
30 Wall Street, 8th Floor
New York, NY 10005
Phone: (212) 652-2782
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Read the Verified Complaint