Black dentist says NYPD accused him of breaking into his own office

A black Manhattan dentist says cops racially profiled him when they accused him of breaking into his own office while he was taking out the trash one night in March, according to papers filed with the city comptroller’s office.

Dr. Benjamin Shirley, 41, briefly left and came back into his Upper West Side office building after throwing out the trash around midnight on March 9, when the cops allegedly approached the door shining lights inside and demanding that he identify himself, according to a $5 million notice of claim against the city and surveillance video of the incident.

The cops spoke to Shirley through the intercom threatening to break into the office despite the fact he told them he was the owner, his lawyer told The Post.

Two cops, “attempted to unlawfully gain entry to the building by force and repeatedly called [Shirley] threatening to destroy his property and enter with force if he did not come outside despite the fact that at all times, they lacked any probable cause or reasonable belief that [Shirley] had committed any crime,” the notice of claim alleges.

“They were threatening to break in, they were threatening to break down the security equipment, they were threatening to break down the door and go inside,” Shirley’s lawyer, Reza Rezvani, told The Post.

The incident made Shirley scared for his life, prompting him to call 911, the claim papers say.

“I’m actually being harassed by the cops here,” Shirley said in the 911 call obtained by The Post. “I’m pretty scared here. I’m working in my office and they shine the flashlight in my face.”

“I’m trying to ask them why they are bothering me, and he said he saw me walking in here,” Shirley told the 911 operator. “They are asking me for my ID and I’m not doing anything … I don’t know if it’s because I’m African American.”

“Imagine how terrifying it is to have to call the police on the police and then to be met with no help,” Rezvani said. “It’s the definition of helplessness.”

After roughly 30 minutes and two more cops arriving to the scene, Shirley came to the door and had to show his ID — which listed the office address — before the police finally left.

“Despite the fact that [Shirley’s] state-issued identification lists the address of the location of incident, [Shirley] was forced to provide his identification to [the police officers] multiple times before they would agree to leave,” the claim papers continue.

Rezvani told The Post that Shirley didn’t go outside to meet the cops sooner during the encounter because he was scared.

“It’s midnight, he’s black, they are shining flashlights inside — that’s how you set up all kinds of bad things happening,” Rezvani said. “To casually walk out, it’s not possible in that scenario.”

“What happened to him is common and it shouldn’t be,” Rezvani said. “The idea that this could happen to a man going to his office because of his skin color is outrageous.”

Shirley regularly worked late as his practice is open until 10 p.m. and takes emergency cases as needed 24/7.”

Shirley brought claims including negligence, false arrest, unlawful detainment, illegal search and seizure and trespass.

The notice of claim filed in June is a legal prerequisite to filing a lawsuit against the city. Shirley plans to file suit within a month, his lawyer said.

NYPD spokesman Edward Riley said, “we will review the lawsuit if and when it is filed.”

The city Law Department declined to comment.

Additional reporting by Craig McCarthy