New York Daily News

Suit: Rolled by cops for pot plant getup

- BY VICTORIA BEKIEMPIS With John Annese

HE WAS DRESSED as a pot plant, and the cops smoked him.

A man once busted for pot possession was falsely arrested near Times Square “while dressed as a marijuana plant,” he says in a lawsuit.

Abdelamine Elkhezzani was wrongly collared while walking from 46th St. to 47th St. around 6:30 p.m. on Feb. 23, according to the suit he filed Monday in Manhattan Supreme Court.

The cannabis-costume-clad Elkhezzani — who has also strolled Times Square as Spider-Man — claims in his court papers that cops threw him to the ground and he cut his forehead. Police brought Elkhezzani, 37, of Queens to the Midtown South station “bleeding and in pain where he was fingerprin­ted, photograph­ed, then taken to Roosevelt Hospital for emergency treatment,” he claims.

Elkhezzani is seeking $2 million, according to a notice of claim he filed against the city on March 23. Police stopped him in February because he was posing for a picture on Broadway by W. 46th St., outside a marked “activity zone” where costumed characters can work for tips, cops said. He then refused to show his ID, police said.

The criminal complaint against Elkhezzani claims he subjected cops to an unhelpful bit of reefer madness when they tried to arrest him. He “flailed his arms, twisted away . . . refused to put his hands behind his back, then fell to the ground and placed his hands under his body.” One arresting officer suffered torn shoulder ligaments, the complaint states.

Cops had previously arrested Elkhezzani just after 7 p.m. on Jan. 19 on W. 48th St. near Sixth Ave., claiming they caught him holding a lit marijuana joint. They also said he had pot and a “pipe containing methamphet­amine residue” in his jacket pocket.

On March 18, police said, they arrested Elkhezzani again, this time on charges of obstructin­g government­al administra­tion, resisting arrest and disorderly conduct after he disrupted traffic at Seventh Ave. and W. 46th St. When a cop approached, he said, “I can do whatever I want,” court papers state.

All three cases are ongoing. Elkhezzani is due in court on Nov. 21.

The city Law Department said it would “review the complaint.” The Times Square Alliance, which is also named as a defendant, declined to comment.

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