Jurors told the Brooklyn judge on Tuesday they were hopelessly deadlocked over the excessive-force claim brought by Michael Mineo against Officer Richard Kern. They had deliberated over the course of four days.
Earlier this year, another jury cleared three other officers of liability in the alleged assault. It deadlocked on a verdict for Kern, which led to the retrial.
Mineo has a $440 million lawsuit against the city and the New York Police Department. He alleged an officer shoved a baton into his backside while he was facedown on a subway platform.