The altercation that gave rise to Atkins's claims began when the officers staked out a location in East New York on a tip that a drug transaction would take place. The officers observed a man who appeared to be checking them out and who then spoke to occupants of two cars that had circled the block observing the officers. The cars stopped and the officers saw several men exit, one (later identified as Atkins) with his jacket open and his hands in his pockets. Suspecting the men to be armed, the officers exited their car with guns drawn. Officer Justice approached Atkins, yelling, “Police. Take your hands out of your pockets.” According to Justice, Atkins then took his right hand out and swung at him. To ward off the blow, Justice struck him on the forehead with his police radio, and then spun him around and forced him to the ground and handcuffed him. Justice testified that he arrested Atkins for disorderly conduct for not removing his hands from his pockets and taking a swing at him, for resisting arrest because Atkins resisted when he swung him to the ground, and for loitering because Atkins allegedly was in the area to buy drugs. Atkins testified that he had been hit so hard he was
unable to control his bladder, that Justice forced a gun barrel up his nose and threatened to kill him (which Justice denied), and that Justice kicked and stomped in his face. Eventually the officers took Atkins to the precinct where he was strip-searched. He was then taken in custody to the hospital where his cuts were bandaged and he was given two
Tylenols. The contemporary medical reports, as well as a photograph of Atkins taken at the time of his release, show that he sustained a laceration and multiple
abrasions on his forehead and head. He was released thirty hours after his arrest. At trial Atkins presented evidence that he was suffering from emotional and physical trauma from the incident including blurred vision, depression,
post-traumatic headaches and stress, cervical lumbar myofascitis, and a
wrist injury.