A New York City Department of Homeless Services officer has filed a federal lawsuit alleging that a supervising captain raped her, coerced weekly sexual encounters and once brandished a gun to intimidate her, according to court papers filed in Manhattan federal court.
The plaintiff, identified in the complaint as DHS Officer Masha Kossivi, says Capt. Miguel Martinez, 50, began pressuring her about sex not long after she started working with him at DHS offices on Randall’s Island. The suit alleges Martinez got Kossivi, 47, intoxicated during a meal in late 2022, banged his fist on a table and ordered her to keep drinking until she felt sick. After making her pay the bill, the complaint says, Martinez drove her to her apartment because she was too drunk to drive and raped her in the back seat of his car, ripping her pants and underwear in the process.
The suit alleges Martinez then took Kossivi’s phone, held it to her face and demanded she order an Uber for him. Kossivi says she later made a police report on Dec. 7, 2022; an NYPD spokesperson told reporters the department had no record of such a report. The complaint says Martinez subsequently insisted that Kossivi have sex with him once a week at his Bronx home and that, on her first visit there, he pulled a gun on her and told her to “be careful.”
Kossivi alleges Martinez used his supervisory authority to coerce compliance, reminding her that he would decide whether and when her probationary period would end and whether she would become a full-fledged officer. The lawsuit names the city, Martinez and other defendants and seeks unspecified damages.
A Department of Homeless Services spokesperson said Martinez was terminated in February 2024 and declined to comment on ongoing litigation. "Whenever we learn of any such allegations, the agency acts with urgency, working closely with the investigating authorities to ensure that we are thoroughly verifying the facts and taking prompt action when warranted," the spokesperson said. The city Law Department declined to comment, and Martinez could not be reached for comment, the filing said.
DHS officers patrol the city’s homeless shelters and facilities and are trained at the NYPD police academy. They are armed but operate with limited peace officer powers; they can detain but do not have the full arrest powers of NYPD officers. The complaint emphasizes the supervisory relationship between Martinez and Kossivi and alleges the captain exploited that authority.
The lawsuit adds to a series of high-profile legal claims in recent years alleging sexual misconduct and abuse of power by public employees in New York City. It will proceed through the federal court system in Manhattan, where the parties may seek discovery and motions that could clarify the allegations and the city’s internal response.
Kossivi’s filing is pending, and the accusations have not been resolved in court. The DHS statement and the termination of Martinez indicate the agency took administrative action after learning of the allegations, but the lawsuit seeks judicial remedies and further fact-finding through the legal process.