According to New York Daily News, Manning, who plays Pennsatucky in the Netflix show, says cops violated her civil rights in November 2014 when they arrested her for allegedly violating a court order of protection, an accusation made by her former roommate. However, Manning’s former roommate pled guilty to violating a court order and harassing Manning by filing a false report and was sentenced to 45 days in jail.
The district attorney’s office, meanwhile, did not prosecute Manning, and in February 2016 her lawyer asked the court’s permission for Manning to file a suit against the city for her arrest. The lawyer, James Franzetti, argued that her lawyers had called and emailed NYPD‘s legal division regarding Manning’s situation prior to the arrest, but arrested her anyway even though they knew the DA wouldn’t prosecute.
However, Manning missed her 90-day window to give the city notice of her intentions, which is why, in February 2016, she and Franzetti filed a petition to file a late notice of claim that she intends to sue the city.
The ruling judge, Manhattan Supreme Court Justice Lucy Billing, rejected her claim, saying that they did not have “a reasonable excuse for failing to file the notice of claim timely.”