By Thomas Tracy and Graham Rayman
A judge has dismissed parts of a lawsuit filed by former NYPD Officer Sal Greco over his firing because of his friendship with Donald Trump adviser Roger Stone, but left the overall lawsuit standing to fight another day.
In a 20-page ruling issued Tuesday, Brooklyn Federal Judge Frederic Block dismissed Greco’s First Amendment claims and allegations his rights were violated under the state’s labor laws.
But Block let stand claims against then-Police Commissioner Keechant Sewell, NYPD lawyer Ernest Hart and Internal Affairs investigators specifically as to whether they retaliated against Greco for his political support of Stone, the decision states.
Greco noted in a text message to the Daily News he was wrongly fired exactly a year ago after a “14-year unblemished record of service.”
He said he was eager to get to the discovery phase of the case.
“I am pleased by the court’s decision to allow this case to move forward and prove that the defendants terminated me not only because of my friendship with Roger Stone, but my support for President Donald Trump. I look forward to my day in court,“ Greco said.
Greco’s lawyer Eric Sanders also said he was pleased with the decision.
“The main argument is preserved and going forward,” Sanders said, adding that he “looks forward to discovering further evidence to prove these defendants retaliated against Mr. Greco because of his support of the MAGA Movement coined by President Donald J. Trump.”
Law Department spokesman Nicholas Paolucci declined to comment while active claims remain in the case.
Greco sued in August 2022 after then-commissioner Sewell signed off on his termination. The suit alleges that by firing him, NYPD officials infringed on his First Amendment right to free personal and political associations.
Greco insisted publicly and during his departmental trial that he and Stone are friends, and therefore he had no reason not to associate with him.
He also alleged Internal Affairs Bureau investigators went to extraordinary lengths in their investigation, including trailing him to visit his ailing father and using “illegal” subpoenas to get his phone records.
But in this case, the NYPD hewed to the letter of the Patrol Guide, which bars cops from associating with people who have engaged in criminal activity, including convicted felons. The prohibition, the department argued, extended even though Trump pardoned Stone in 2020.
The department also alleged he was working as unofficial security for Stone in Washington, D.C. during the Jan. 6 2021 riot at the U.S. Capitol. Greco and Stone have said they didn’t leave their hotel during the unrest.
Greco will likely “forever be compromised in the eyes of the public and his fellow police officers,” and he was “guided by his own moral compass rather than the provisions of the Patrol Guide,” wrote administrative law judge Paul Gamble in recommending dismissal.
The city also argued Greco’s relationship with Stone was not close enough to be protected under the Constitution.
A spokesman for the city said it will continue to represent Sewell in the case.
