NEW ROCHELLE, NY (October 19, 2026) — Lawyers representing the City of New Rochelle have withdrawn their appearances on behalf of a former police lieutenant accused of planting drugs on an innocent man, telling a federal judge they never intended to represent him despite previously filing notices of appearance on his behalf. Meanwhile, attorneys pursuing a federal civil rights lawsuit against the city have been unable to serve the former officer with legal papers despite eight attempts.
The developments come as a federal magistrate judge prepares to conduct an October 29 settlement conference in a lawsuit filed by Ivin Harper, 46, a fitness trainer and actor who alleges former New Rochelle Police Lt. Sean Kane planted drugs, fabricated evidence and caused him to be falsely charged with felony drug possession in 2024. The lawsuit names the city, Kane, two other police officers and a civilian as defendants, but recent court filings have raised questions about Kane’s legal representation and whether he will participate in the proceedings.
In an October 9 letter to U.S. District Judge Jessica G. L. Clarke, attorneys with Sokoloff Stern LLP acknowledged that they had previously filed notices of appearance on Kane’s behalf but said those filings were inadvertent. The firm represents New Rochelle and Police Officers Maria Vasquez and Timothy Adrian, who are also named as defendants in Harper’s lawsuit.
“Our firm inadvertently filed notices of appearance on behalf of Defendant Sean Kane, as we do not represent him in this matter,” attorney Amber N. Makda wrote. The firm also explained that civilian defendant Gregory Davis had mistakenly been identified as one of its clients through an error in the federal court’s electronic filing system.
On October 13, Clarke granted the firm’s application and directed the court clerk to remove Sokoloff Stern and attorneys Makda and Mark A. Radi as counsel of record for Kane and Davis. The firm continues to represent the city, Vasquez and Adrian, leaving Kane without an attorney identified in the filings as representing him in the federal lawsuit. The documents do not establish whether Kane has retained separate counsel or whether New Rochelle has formally declined a request to provide him with a legal defense.
Eight Attempts to Serve Kane Fail
The dispute over legal representation comes as Harper’s attorneys have struggled to serve Kane with the lawsuit since it was filed July 13. In an October 7 letter filed with the court October 13, attorneys Luna Droubi and Tala Alfoqaha of Beldock Levine & Hoffman LLP described eight unsuccessful attempts to complete service and requested additional time to locate the former lieutenant.
The first four attempts, conducted at two different addresses, resulted in legal papers being delivered to other individuals who shared Kane’s name, according to the letter. Harper’s attorneys subsequently obtained another address from opposing counsel and attempted service there on September 8, September 10, September 12 and September 17, but all four attempts were unsuccessful.
The difficulties continued when Harper’s attorneys contacted Radi, who had previously entered an appearance on Kane’s behalf, and asked whether he would accept service for the former lieutenant. Radi informed them that he intended to withdraw his appearance and could not accept service, leaving Harper’s attorneys approaching their October 11 deadline without having successfully served Kane.
Clarke granted their request for a 90-day extension on October 13, giving Harper until January 9, 2027, to complete service. Three days later, Harper’s attorneys filed a new summons directed to Kane at 110 Old Route 6 in Carmel, New York. Kane joined the Putnam County Sheriff’s Office after leaving the New Rochelle Police Department, although the October 16 summons does not establish whether he has received the legal papers.
The proof-of-service section accompanying the new summons remains blank. The court filings document the unsuccessful attempts to serve Kane but do not establish that he has deliberately avoided service or explain why the attempts have failed.
Drug-Planting Allegations and Kane’s Departure
The lawsuit stems from a May 29, 2024, encounter near the Bracey Houses in New Rochelle, where Kane approached Harper near his parked Cadillac Escalade. According to the complaint, Harper ran when Kane approached, and the lieutenant pursued him before subsequently meeting with civilian Gregory Davis.
Harper alleges that Kane turned off his body-worn camera, obtained a bag of drugs from Davis and concealed the drugs before placing them beneath a parked SUV. The lawsuit states that Kane apparently believed his camera had stopped recording, but the equipment captured him handling the drugs and placing them beneath the vehicle.
Officer Vasquez later prepared a police report and swore to a felony complaint stating that Kane had observed Harper throw the drugs beneath the SUV, according to the lawsuit. Harper maintains that the account was false and that Kane fabricated evidence to support the criminal charges.
Harper was arraigned July 10, 2024, on felony drug possession charges, which were dismissed August 23, 2024. The allegations against Kane subsequently became the subject of a criminal investigation and departmental disciplinary proceedings, although a Westchester County grand jury declined to indict him on December 13, 2024, returning a “no true bill.”
Then-Deputy Police Commissioner Neil Reynolds signed formal disciplinary charges against Kane on April 24, 2025. The disciplinary records documented Kane’s admission that he never saw Harper discard the drugs and that Davis had supplied them, contradicting the account used to support the criminal complaint against Harper.
Kane was demoted from lieutenant to police officer on March 2, 2026, and resigned March 29 after nearly 19 years with the New Rochelle Police Department. He subsequently joined the Putnam County Sheriff’s Office.
Harper filed his federal civil rights lawsuit July 13, seeking compensatory and punitive damages, attorney’s fees and injunctive relief. He also demanded a jury trial. The allegations in his civil complaint have not been adjudicated in the federal lawsuit.
Questions About Kane’s Legal Defense
The city attorneys’ withdrawal raises questions about who is providing Kane with a legal defense and whether New Rochelle has any responsibility to represent or indemnify him in litigation arising from his conduct as a police officer. The October filings establish that Sokoloff Stern previously entered appearances on his behalf before informing the court that the appearances were inadvertent, but they provide no explanation of whether city officials considered defending him.
Kane previously had legal representation during the criminal investigation into his conduct. Attorney Andrew C. Quinn represented him in that matter, while the New Rochelle Police Benevolent Association established a legal defense fund to solicit financial support. Police officers also ordinarily receive union representation during internal disciplinary proceedings, which are separate from criminal prosecutions and civil lawsuits.
Neither the earlier legal representation nor the union’s involvement establishes that New Rochelle agreed to pay for Kane’s defense in the current federal lawsuit. The filings do not indicate whether Kane requested a city-funded defense, whether city officials rejected such a request or whether he has obtained separate representation.
The distinction could become significant as the lawsuit proceeds because the city and two other police officers continue to be represented by Sokoloff Stern, while Kane, whose conduct is central to Harper’s claims, is no longer listed among the firm’s clients. Gregory Davis, the civilian alleged to have supplied Kane with the drugs, also is not represented by the firm.
October 29 Settlement Conference Remains Scheduled
Despite the complications involving Kane’s representation and service, the federal court docket through October 16 contains no order canceling or postponing the settlement conference scheduled by U.S. Magistrate Judge Victoria Reznik. The remote conference remains scheduled for October 29 at 2:30 p.m. using Microsoft Teams, although the latest filings do not establish whether Kane will participate or how his absence might affect negotiations.
Under Reznik’s September 4 scheduling order, Harper was directed to make a settlement demand by October 15 if he had not already done so, and the defendants were required to respond by October 22. The judge encouraged the parties to begin negotiations before the conference rather than waiting until they appeared before her.
“The parties should not wait for the settlement conference to start negotiations of a resolution of their dispute,” Reznik wrote. Her order also requires confidential submissions addressing previous negotiations, the principal factual and legal disputes, the parties’ assessments of the case’s settlement value and other information that could assist the court in facilitating an agreement.
The court generally requires parties with authority to approve a settlement to attend or be available during settlement conferences. Kane’s failure to be served does not necessarily prevent Harper and the defendants already participating in the litigation from exploring a resolution, but the filings do not establish whether the conference will proceed with all defendants or only those already before the court.
The case is Harper v. City of New Rochelle et al., 7:26-cv-05902-JGLC, in the U.S. District Court for the Southern District of New York.
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This article was prepared with the assistance of AI tools under the direction and editing of Robert Cox.
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