Long Beach man files lawsuit alleging he lost part of big toe after officer yanked him in front of police horse

A Long Beach man, seeking an autograph from a popular DJ at a widely attended public concert in Eisenhower Park last year, lost part of his big toe after a Nassau police officer yanked him in front of a mounted police horse, which then stepped on the concertgoer's foot, a lawsuit filed this week argues.

The suit, filed Tuesday in State Supreme Court in Nassau, names the county, its police department and Police Officer Eugene Dolan, who allegedly pulled the plaintiff, Joseph Munisteri, in front of the horse. Munisteri, 35, is seeking unspecified monetary damages.

On Sept. 26, Munisteri was among the more than 30,000 fans who jammed Eisenhower Park in East Meadow for a free concert by DJ Steve Aoki, the suit states.

After the concert ended around 9:15 p.m., Aoki was in his car driving on a dirt path out of the park when a number of fans, including Munisteri, approached the vehicle seeking an autograph, according to Joshua Perlman, the plaintiff's Manhattan-based attorney.

When Munisteri neared the vehicle, however, Dolan grabbed him by his arm and "ushered him in front of a mounted police horse," which then stepped on his right foot, Perlman said.

"It was just a bunch of peaceful fans going up to a vehicle to try and get signatures from the individual who they had gone to see," Perlman said. "It's not like people were aggressive by any nature."

Munisteri, who immediately fell to the ground screaming for medical assistance, was taken by ambulance to Nassau University Medical Center in East Meadow, where surgery was performed on his foot and part of his big toe was removed, Perlman said.

A Nassau police spokeswoman said the department does not comment on pending litigation.

A spokesman for Nassau County Executive Bruce Blakeman, the Republican gubernatorial candidate in November, did not respond to a request for comment.

Dolan has been an officer with the department since 2007, records show.

The lawsuit contends that the defendants "negligently, recklessly and carelessly managed, maintained, operated and controlled" the horse, while "failing to maintain a safe and controlled distance between" the animal and Munisteri.

The defendants, the suit added, failed to "properly assess, anticipate and account for the risks associated with the presence, movement, and behavior of a mounted horse in close proximity to a detained individual," while also not providing Munisteri any warning of the animal's sudden movements.

The lawsuit contends that Munisteri's injuries are permanent and that he's been unable to resume normal activities since the incident.

"I don't think it was intentional," Perlman said of the incident. "I think it was a complete accident. But regardless of the fact, [Dolan] was completely negligent. He wasn't paying attention."

The Nassau County Police Department's Mounted Unit is generally used for crowd control at large public gatherings, including concerts, hockey games at UBS Arena and at major protests and festivals. The unit, which was formed in 1978, has about a dozen riders and 10 horses, which are stabled at Eisenhower Park.

Reports commissioned by the Nassau Interim Finance Authority, a state oversight board that runs the county's finances, have urged Nassau on multiple occasions to end the Mounted Police Unit. A 2017 report commissioned by NIFA said Nassau could save more than $584,000 a year by closing the division.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.