An NYC bodega worker who was charged with stabbing his attacker filed a case against the New York Police Department accusing him of racial discrimination.

An NYC Bodega Worker

Jose Alba, a 61-year-old Dominican immigrant and a NYC bodega worker said that he used a lawful defense against his attacker with a criminal record in July 2022. He fatally stabbed Austin Simon, a 35-year-old Black man, in the Manhattan bodega where he worked. This is the complaint filed on Friday in the U.S. District Court of the Southern District of New York.

In a report by TheMessenger News, the NYC bodega worker said that Simon and his girlfriend, Tina Lee, attacked him in the bodega after the two had a great fight over the cost of a bag of chips. It happens in the Manhattan neighborhood.

On July 19, Bragg withdrew the charges against Alba, claiming there was insufficient proof that his use of lethal bodily force had been unjustified. Though it was Simon and Lee who were the initial aggressors it was Alba the NYC bodega worker, who was arrested, incarcerated, and wrongfully persecuted. The case was filed against the NYPD, the City of New York, and New York County District Attorney Alvin Bragg.

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In a lawsuit filed by Alba, Bragg said that under administration racial discrimination in the criminal justice will be shut down. He said that he would dismiss petty offenses by black people due to the fact that punishments are not commendable, and harsh and fall disproportionately on the backs of people of color.

According to National Review, Alba, the NYC bodega worker, is looking for compensatory and punitive damages in an amount subject to a court trial.

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