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Federal lawsuit alleges he planted evidence
A Putnam County sheriff's deputy who served as a lieutenant in the New Rochelle police department is accused in a federal lawsuit of framing a man charged in May 2024 with tossing a baggie of drugs while fleeing police.
In a civil rights lawsuit filed July 13 in federal court in White Plains, Ivin Harper accuses Sean Kane, who joined the Putnam Sheriff's Office in March, of planting a baggie of cocaine and crack that led to his arrest. Two felony possession charges filed against Harper in July 2024 were dismissed a month later.
Harper wants damages from Kane, two other New Rochelle officers — Timothy Adrian and Maria Vazquez — and Gregory Davis, who allegedly provided the drugs. The lawsuit also names the City of New Rochelle, which Harper says is complicit because it "perpetuated a culture of rewarding officers for their improper, illegal and unconstitutional conduct."
Following an investigation by the Westchester County District Attorney's Office, a grand jury in December 2024 declined to indict Kane. But the New Rochelle Police Department said that during its investigation, the officer "admitted he did not see Harper throw the bag of drugs and that an informant (Davis) provided him with the bag of drugs," according to Harper's attorneys. That assertion was first reported by Robert Cox of Talk of the Sound, who obtained the report through a Freedom of Information Law request.
The New Rochelle department demoted Kane by two ranks, to police officer, and required him to undergo training, according to a statement issued on March 18 by Neil Reynolds, the police commissioner. Putnam County hired Kane on March 30.
In a statement on Tuesday (July 28), the Putnam County Sheriff's Office said it is aware of the lawsuit but declined comment because it is not named in the litigation. It noted that Kane was not charged with a crime.
The Sheriff's Office also cited Kane's long career in law enforcement and said it has "confidence in Deputy Kane's ability to serve the residents of Putnam County with integrity and remain committed to ensuring the safety of our community."
Harper, a fitness trainer and actor, said the incident began on May 29, 2024, after he parked his Cadillac SUV at an apartment complex in New Rochelle and Kane approached. Harper had earlier reported that a relative took the SUV without his consent but said he had updated the police department when he recovered the vehicle, according to the lawsuit.
Allegedly fearful because Kane had previously vowed to "get" him or "plant drugs on him," Harper "left the parking lot and hurried away on foot" while the officer chased him into a parking garage. Returning to the vehicle, Kane allegedly told other officers to search and impound the SUV for "unauthorized use."
According to the lawsuit, Kane then met with Davis, who allegedly gave the officer a bag of drugs. The lawsuit says that Kane's body camera was "inadvertently" turned on while the officer allegedly pretended to recover the baggie from under the left front tire of an SUV, with the feint captured on video.
The Journal News reviewed the footage (below) in 2024. According to the newspaper, it shows Kane "holding the baggie in his hand in his car" before "pulling up to a parked car, getting out, reaching under the front of the car and getting back into his patrol car." The lawsuit alleges that the bag Kane had when he returned to his squad car was the same one he had held before approaching the SUV.
A Putnam County sheriff's deputy who served as a lieutenant in the New Rochelle police department is accused in a federal lawsuit of framing a man charged in May 2024 with tossing a baggie of drugs while fleeing police.
In a civil rights lawsuit filed July 13 in federal court in White Plains, Ivin Harper accuses Sean Kane, who joined the Putnam Sheriff's Office in March, of planting a baggie of cocaine and crack that led to his arrest. Two felony possession charges filed against Harper in July 2024 were dismissed a month later.
Harper wants damages from Kane, two other New Rochelle officers — Timothy Adrian and Maria Vazquez — and Gregory Davis, who allegedly provided the drugs. The lawsuit also names the City of New Rochelle, which Harper says is complicit because it "perpetuated a culture of rewarding officers for their improper, illegal and unconstitutional conduct."
Following an investigation by the Westchester County District Attorney's Office, a grand jury in December 2024 declined to indict Kane. But the New Rochelle Police Department said that during its investigation, the officer "admitted he did not see Harper throw the bag of drugs and that an informant (Davis) provided him with the bag of drugs," according to Harper's attorneys. That assertion was first reported by Robert Cox of Talk of the Sound, who obtained the report through a Freedom of Information Law request.
The New Rochelle department demoted Kane by two ranks, to police officer, and required him to undergo training, according to a statement issued on March 18 by Neil Reynolds, the police commissioner. Putnam County hired Kane on March 30.
In a statement on Tuesday (July 28), the Putnam County Sheriff's Office said it is aware of the lawsuit but declined comment because it is not named in the litigation. It noted that Kane was not charged with a crime.
The Sheriff's Office also cited Kane's long career in law enforcement and said it has "confidence in Deputy Kane's ability to serve the residents of Putnam County with integrity and remain committed to ensuring the safety of our community."
Harper, a fitness trainer and actor, said the incident began on May 29, 2024, after he parked his Cadillac SUV at an apartment complex in New Rochelle and Kane approached. Harper had earlier reported that a relative took the SUV without his consent but said he had updated the police department when he recovered the vehicle, according to the lawsuit.
Allegedly fearful because Kane had previously vowed to "get" him or "plant drugs on him," Harper "left the parking lot and hurried away on foot" while the officer chased him into a parking garage. Returning to the vehicle, Kane allegedly told other officers to search and impound the SUV for "unauthorized use."
According to the lawsuit, Kane then met with Davis, who allegedly gave the officer a bag of drugs. The lawsuit says that Kane's body camera was "inadvertently" turned on while the officer allegedly pretended to recover the baggie from under the left front tire of an SUV, with the feint captured on video.
The Journal News reviewed the footage (below) in 2024. According to the newspaper, it shows Kane "holding the baggie in his hand in his car" before "pulling up to a parked car, getting out, reaching under the front of the car and getting back into his patrol car." The lawsuit alleges that the bag Kane had when he returned to his squad car was the same one he had held before approaching the SUV.