Delinda Giraldo, the New York cop who was fired over an Instagram video of her teaching her 2-year-old niece to say the “N word” is suing to get her job back.
In the federal civil rights lawsuit filed on Monday, Giraldo claims the video in question was made two years before she joined the New York Police Department.
She also claims the videos were posted on social media by a jilted lover, who is also an officer who allegedly abused her physically and psychologically.
But, the plot continues to thicken. According to the suit, the jilted lover is Police Officer Michael Martinez, a married man who “falsely created social media profiles on Twitter, Facebook and Instagram” and “tortured her by posting stolen personal videos without her authorization and consent.”
Via NY Daily News:
Her attorney Eric Sanders said the videos are more than 10 years old when Giraldo was 18 or 19 — long before she joined the NYPD — and that the department has no standing to punish her for something she did before she was a cop.
“The law is very clear that Ms. Giraldo cannot, nor any other NYPD officer, be disciplined for alleged inappropriate conduct before they joined the force,” Sanders said. “The problem is that the personal videos were stolen, illegally released and published throughout the world without Ms. Giraldo’s consent.”
But when the videos surfaced, the department immediately suspended her and forced her to “submit hear and urine samples for drug analysis based on ‘cause,’” the lawsuit claims.
Giraldo was suspended without pay. When her suspension ended, she was immediately placed on modified assignment, ordered to monitor surveillance cameras at an NYCHA housing project.
She had told the department that Martinez was responsible for posting the videos, but the department never charged him with a crime or disciplined him in any way, although he could have easily been charged with criminal contempt and aggravated harassment, the lawsuit states.
Martinez is currently facing other problems — in June, he was accused of lying in Family Court and depriving his child of more than $15,000 in child support. He has also been placed on modified assignment.
His attorney James Carcano, has repeatedly said that his client did noting untoward against Giraldo. Attempts to reach him Tuesday was unsuccessful.
At one point, Giraldo and Martinez filed cross-complaints at each other for an assault in Orange County. Giraldo’s case was dismissed, but Martinez’s is pending.
Besides being reinstated, Giraldo is also suing for back pay and benefits, officials said.
Check out the video below.
Whew, chile. The layers of tomfoolery.
The moral of the story is…
Also, depending on what type career you have…things that you’ve done in the past can come back to sabotage you.