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Judge Prepares To Take On NYPD, Queens D.A. In Court

NEW YORK(CBSNewYork) -- The NYPD was dealing with another controversy involving a judge on Thursday night.

Queens jurist, Judge Thomas Raffaele, is suing the NYPD and the Queens D.A. over claims that they conspired against him following a run-in with an officer, CBS 2's Tony Aiello reported.

Raffaele said that he usually holds the department in high regard but saw another side of the NYPD in June 2012, when officers allegedly roughed up a homeless man during an arrest.

When Raffaele joined the crowd at the scene he claims that he was roughed up as well.

"Pushing me in the chest and then smashing me right in the throat," he said.

On a video taken during the incident a bystander can be heard objecting. Judge Raffaele said that he was hit with a painful strike to his larynx.

"You can see his hand right on my throat. That's in complete contradiction to the officer who said 'oh, he was never hit in the throat he was only pushed in the chest,'" Raffaele said.

The judge took a picture of the officer who allegedly hit him and turned it over to investigators.

The Queens D.A. looked at the judge's claim but declined to prosecute citing a lack of evidence that would prove beyond a reasonable doubt that the officer unjustifiably and intentionally struck the judge.

Rafaele's suit accuses the D.A. of conspiring with police to impede justice. The city law department has denied any wrong doing and criticized the judge for giving the video to the media before sharing it with investigators.

the judge and the city will square off in court in December. Raffaele said that it took weeks to recover from the blow to his throat, he is seeking several hundred-thousand dollars in damages.

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