ORIGINAL

11.0440 Rt\' 10/93) Summons In a Civil ACllOIl

United States District Court Eastern District of New York

Bernard S. Southerland

SUMMONS IN A CIVIL CASE

v.

CASE NUMBER:

(Please see attached rider for full list of defendants)

i OWf\JES, J.

TO: (Name and address of defendant)

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YOU ARE HEREBY SUMMONED and required Lo serve upon PLAINTlFF'S ATTORNEY (name and ~lI,tr~ss)

Pro Se: Southerland

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Brooklyn, New York 11212

an answer \0 the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for [he relief demanded in the com p laint You m US! also file your answer with the Clerk of rh IS Court within a reasonable period of lime after service.

November] 5, 2010

DII n,

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

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NOV 1 5 2010 lll.J

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PRO SE OFFJCE

Southerland, Pla.intiff,

CO.MPLAINT AND

-aqainst-

DEMAND FOR. JURy TRIAL

THE NEW YORK CITY HOUSING AUTHORITY SONYA M. KALOYANIDES(#2158947) ,

Acting General Counsel and Attorney of Record for NYCHA, in her official capaclty and Individually; IRENE KAMBOS (#4330676) Attorney _for NYCHA, in her official capacity and IndividuallYi JOAN PANNELL (#1352129), NYCHA HEARING OFFICER, in her official capacity and Individually; RAQUEL MIRANDA (#2879633), in her: official capacity and Individual~Yi REGINA

CRU, Current Project Manager for NYCHA, in her official capacity and Individually; Earl Roberts former ProJect Manager for NYCHA; Chanelle Davis, Housing Assistant for NYCHA,

1n her official capacity and Individually; KINGS COUNTY LANDLORD/ TENANT COURT; OYMIN CHIN (#1868843), in her official capacity as a Judge and Individually; MARIA MILIN (#2278596), in her Official capacity as a Judge and Individually.

Defendants.

ESt J.

M J.

I?lalntiff Southerland, complaining of defendantsl

respectfully allege as follows:

PRELIMINARY STATEMENT

1. Plaintiff bring thls action for compensatory damages, punitive damages, and attorneys' fees pursuant to 42 usc §§ 1983 and 1988 for violations of his civil rights, 18 u.s.c. §§ 242, 18 u.s.c. §§ 245 as said rights are secured by sald statutes and the Constitutions of the United States and the State of New York.

JURISDICTION

2. This action is brought pursuant to 42 USC §§ 1983 and 1988 and the First, Fourth, Fifth, and Fourteenth Amendments to the united States Constitution, and under the Bankruptcy Laws of the United States.

3. Jurisdiction 1S founded upon 28 U.S.C. §§ 1331 and 1343,

VENUE

4. Venue is properly laid in the Eastern District of New York under 28 USC § 1391(b) in that this is the District in which the claims arose.

JURY DEMAND

5. Plaintiff respectfully demands a trial by jury of all issues in this matter pursuant to Fed. R. Civ. P. 38(b).

PARTIES

6. Plaintiff,

Southerland, a citizen of the United

States, mailing address at Brooklyn,

New York 11212 and at all relevant times a resident of the City and State of New York.

7. Defendant, THE NEW YORK CITY HOUSING AUTHORITY' "NYCHA" located at 250 Broadway, New York, New York 10007, is responsible for providing low income housing in New York City, and properly maintaining those buildings, from funding from the City, State and Federal Government. Defendant has failed to properly train its employees in Due Process of law and the Equal Protection under the law. It's customs, pOlicies and practices denies tenants a fair opportunity to be heard at their Administrative Hearings, and that NYCHA having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the U.S. Bankruptcy Codes, and having the power to prevent or aid in preventing the same, neglected or refused to do that which they by reasonable diligence could have prevented. The defendant was the direct and/or proximate cause of the Plaintiff's injury and cause for Plaintiff's relief.

8. Defendant, SONYA M. KALOYANIDES(#2158947), Acting General Counsel and Attorney of Record for NYCHA, Business address 250

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Broadway, 9th Floor, New York, New York 10007, was at all times material to this complaint Ms. KALOYANIDES is sued individually and in her official capacity wherein it is alleged that she subjected and caused the depravation of Plaintiff's Due Process and Civil Rights and privileges secured by the United States Constitution, and that her having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the U.S. Bankruptcy Code, and having the power to prevent or aid in preventing the same, neglected or refused to do that which she by reasonable diligence could have prevented. The defendant was the direct and/or proximate cause of the Plaintiff's injury and cause for Plaintiff's relief.

9. Defendant, IRENE KAMBOS (#4330676) Attorney for NYCHA, Business address 250 Broadway, 2nd Floor, New York, New York 10007, was at all times material to this complaint Ms. KAMBOS is sued individually and in her official capacity wherein it is alleged that she subjected and caused the depravation of Plaintiff's Due Process and Civil Rights and privileges secured by the United States Constitution, Falsified business documents, Tampering with the U. S. Mail, made false misrepresentations to deny Plaintiff due process and discovery, and that her having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the U.S. Bankruptcy Code, and having the power to prevent or aid in preventing the same, neglected or refused to do that which she by reasonable diligence could have prevented. The defendant was the direct cause of the Plaintiff's injury and cause for Plaintiff's relief.

10. Defendant, JOAN PANNELL (#1352129), NYCHA HEARING OFFICER, Business address 250 Broadway, 2nd Floor, New York, New York 10007, was at all times material to this complaint Ms. PANNELL is sued in9ividually and in her official capacity as a hearing officer wherein it is alleged that she subjected and caused the depravation of Plaintiff's Due Process and Civil Rights and privileges secured by the United States Constitution, Failed to allow into evidence that NYCHA failed to provide essential building wide services covering-up that NYCHA breached their duties and responsibilities (warranty of habitability), and her having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the U.S. Bankruptcy Code, and having the power to prevent or aid in preventing the same, neglected or refused to do that which she by reasonable diligence

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could have prevented. The defendant was the direct cause of the Plaintiff's injury and cause for Plaintiff's relief.

11. Defendant, RAQUEL MIRANDA (#2879633), Business address 250 Broadway, New York, New York 10007, was at all times material to this complaint Ms. MIRANDA is sued individually and in her official capacity as a attorney for NYCHA in the defendant's LANDLORD/TENANT COURT wherein it is alleged that she subjected and caused the depravation of Plaintiff's Due Process and Civil Rights and privileges secured by the United States Constitution, her having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the U.S. Bankruptcy Codes, and having the power to prevent or aid in preventing the same, neglected or refused to do that which she by reasonable diligence could have prevented. The defendant was the direct cause of the Plaintiff's injury and cause for Plaintiff's relief.

12. Defendant, REGINA CHU, Project Manager at Marcus Garvey Houses Brooklyn, New York for NYCHA, Main business address 250 Broadway, New York, New York 10007, was at all times material to this complaint Ms. CHU is sued individually and in her official capacity as a Manager wherein it is alleged that she subjected and caused the depravation of Plaintiff's Due Process and Civil Rights, mail fraud, false billing and privileges secured by the United States Constitution, and her having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the U.S. Bankruptcy Code, and having the power to prevent or aid in preventing the same, neglected or refused to do that which she by reasonable diligence could have prevented. The defendant was the direct cause of the Plaintiff's injury and cause for Plaintiff's relief.

13. Defendant, EARL ROBERTS, former Manager for Marcus Garvey Houses NYCHA, Main business address 250 Broadway, New York, New York 10007, was at all times material to this complaint Mr. ROBERTS is sued individually and in his official capacity as a former manager wherein it is alleged that he subjected and caused the depravation of Plaintiff's Due Process and Civil Rights and privileges secured by the United States Constitution, He told the Plaintiff's female visitor "if you go out with me, I would stop harassing Mr. Southerland", and him having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed, and having the power to prevent or aid in preventing the same, neglected or refused to do that which she by reasonable diligence could have prevented. The

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defendant was the direct cause of the Plaintiff's injury and cause for Plaintiff's relief.

14. Defendant, Chanelle Davis, Housing Assistant at Marcus Garvey Houses for NYCHA, Brooklyn, New York, Main business address 250 Broadway, New York, New York 10007, was at all times material to this complaint Ms. Davis is sued individually and in her official capacity as a Housing Assistant wherein it is alleged that she subjected and caused the depravation of Plaintiff's Due Process and Civil Rights and privileges secured by the United States Constitution, and tramping with the U. S. Mail, Conspiracy to generate false bill and business records, and her having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the U.S. Bankruptcy Code, and having the power to prevent or aid in preventing the same, neglected or refused to do that which she by reasonable diligence could have prevented. The defendant was the direct cause of the Plaintiff's injury and cause for Plaintiff's relief.

15. Defendant, KINGS COUNTY LANDLORD/TENANT COURT, located at 141 Livingston Street, Brooklyn, New York 11201, Defendant has failed to properly train its employees in Due Process of law and the Equal Protection under the law. It's customs, policies and practices denies tenants any safeguards when determination are made by defendant NYCHA, they rubber stamp them and the procedure of filing an article 78 sets the bar to high for a pro se, and that KINGS COUNTY LANDLORD/TENANT COURT has a double standard, they apple the laws to private Landlord but relaxes the law when come to NYCHA, and having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the U.S. Bankruptcy Codes, and having the power to prevent or aid in preventing the same, neglected or refused to do that which they by reasonable diligence could have prevented. The defendant was the direct and/or proximate cause of the Plaintiff's injury and cause for Plaintiff's relief.

16. Defendant, OYMIN CHIN (#1868843), a Judge for the defendant KINGS COUNTY LANDLORD/TENANT COURT, located at 141 Livingston Street, Brooklyn, New York 11201, Defendant Ms. CHIN has customs, policies and practices that denies tenants any safe guards when determinations are made by defendant NYCHA, they rubber stamp them, and having full knowledge of the wrongs conspired to be done as alluded to in 42 U.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the U,S. Bankruptcy Codes, and having the power to prevent or aid in preventing the same,

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neglected or refused to do that which they by reasonable diligence could have prevented. The defendant was the direct and/or proximate cause of the Plaintiff's injury and cause for Plaintiff's relief.

17. Defendant, MARIA MILIN (#2278596), a Judge for the defendant KINGS COUNTY LANDLORD/TENANT COURT, located at 141 Livingston Street, Brooklyn, New York 11201, Defendant Ms. MILIN has customs, policies and practices that denies tenants any safeguards when determinations are made by defendant NYCHA, they rubber stamp them, and having full knowledge of the wrongs conspired to be done as alluded to in 42 O.S.C. §1983 and 1985, or wrongs about to be committed in clear violation of the O.S. Bankruptcy Codes, and having the power to prevent or aid in preventing the same, neglected or refused to do that which they by reasonable diligence could have prevented. The defendant was the direct and/or proximate cause of the Plaintiff's injury and cause for Plaintiff's relief.

lB. Defendants were each and all responsible, in whole and/or ln part, for the planning for and/or creation, promulgation, implementation, and/or enforcement of the unconstitutional policies, practices and/or customs complained of herein, and/or condoned, acquiesced in, adopted, and/or approved of the same, through their acts and/or failures to act, as set forth more fully below.

19. At all times relevant herein, as set forth more fully below, defendants' actions and/or failures to act were malicious, intentional, knowing, and/or with a deliberate indifference

to and/or in a reckless regard for the natural and probable consequences of their acts and/or omissions.

20. All defendants were each and all personally involved in depriving plaintiff of his rights and in implementing the unconstitutional policies, practices, customs and/or conduct complained of herein.

21. At all times relevant herein, as set forth more fully below, defendant NYCHA and KINGS COUNTY LANDLORD/TENANT COORT has de facto policies, practices, customs usages of failing properly to train, screen, supervise, and discipline agents, employees, and of failing to inform the individual defendants and their managers, supervisors and attorneys of their need to train, screen, supervise or discipline said defendants, which were a direct and proximate cause of the unconstitutional conduct alleged herein and the damages attendant thereto, and defendants, either personally

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or through their employees, were acting under color of state law and/or in compliance with the official rules, regulations, laws, statutes, customs, usages and/or practices of the State or City of New York.

STATEMENT OF FACTS

22. Since Plaintiff and his family moved in to said premises in 1996. The defendants have failed to provide essential building services. Plaintiff has made numerous complaints about, Lack of Elevator Service, Mold, Structure Cracks in the Stairwell and other parts of the building, Leaking Rooftop Water Tank, Low Water Pressure, Roof Ventilation Fan Not Working, Floor Tiles, Vermin, Water bugs, Bedbugs, Wires hanging in Stairwell, Missing Stairwell Doors, Missing Stairwell Door Windows, leaky Radiator, No Hot Water, No Heat, Refrigerator Leaking, When they are working, the Elevator Door Stick on various floors. Building was not Wheelchair Assessable, Failure to Make Timely Repairs, Harassment, Complicit with Burglars that Burglarized Plaintiff's apartment, Failure to reimburse spoiled Food from Blackout, Plaintiff's children being issued Summons for waiting for the Elevator, Filing Frivolous Court Actions (Barratry), Failure to provide Security, Failure to maintain tenant privacy, Failure to notify tenant of dangerous Health outbreak Conditions in the building, Failure to install Emergency Lighting in the Building, Petitioner's employees fraternizing with Tenants (In one case the Manager offered to stop harassing Plaintiff if his female Guest would date him), retaliation due to the fact respondent spoke-out about the illegal tenant's Association, and how the Administrative hearing process denies tenants due process and forces tenant's to accept probation or face termination. Defendants have continuously interfered with the Plaintiff harassed and his family, violating our right to live in peace without fear and/or intimidation.

23. In or about 2004 the petitioner started their administrative hearing process and failed to comply with Plaintiff's request for discovery for his defense, but instead made several defaults against Plaintiff. Plaintiff had all 3 of the defaults vacated, but while Plaintiff was under Bankruptcy. The defendants made a determination to terminate Plaintiff's tenancy. Using the discharged history (that was discharged under bankruptcy) of the Plaintiff. Plaintiff now states that the defendants has violated the Discharge Injunction (Fresh Start) Title 11 U.S.C of the Bankruptcy Law (NYCHA was a named Creditor in a Chapter 7 proceeding EDNY,Case No. 1-07-46969-dem).

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24. Plaintiff avers that this complaint would be improperly placed in the State Court. The Kings County Landlord/Tenant Court defendants has not or refuse to have NYCHA defendants "a QuasiGovernment agency) to uphold the law.

25. The Court should find reason to assume jurisdiction in light of the defendant's blatant disregard for the law.

AS AND FOR A FIRST CLAIM FOR RELIEF

DEPRIVATION OF PLAINTIFFS' RIGHTS UNDER THE UNITED STATES CONSTITUTION AND 42 U.S.C. § 1983

26. Plaintiffs restate and reallege the allegations contained in ~~ 1 through 25 above as if fully set forth hereat and incorporate them by reference.

27. By their conduct and actions depriving plaintiff of his freedoms to be let alone, in abusing process against him, in retaliating against him for the exercise of constitutionally protected rights, in inflicting emotional distress upon him, in violating his rights to due process and equal protection, and/or for failing to remedy the aforementioned violations, and/or by failing properly to train, supervise, or discipline employees of the defendants, acting under color of law and without lawful justification, intentionally, maliciously, and/or with a deliberate indifference to and/or a reckless disregard for the natural and probable consequences of their acts, deprived plaintiff of the equal protection of the laws and/or of equal privileges and immunities under the laws, and thereby caused injury and damage in violation of plaintiffs' constitutional rights as guaranteed under 42 U.S.C. § 1983 and the United States Constitution, including its First, Fourth, Fifth, and Fourteenth Amendments, and under guaranteed protections of the U.S. Bankruptcy Laws.

28. As a result of the foregoing, plaintiff was deprived of his liberty and First Amendment rights, psychological and emotional injury, humiliation, costs and expenses, and were otherwise damaged and injured.

AS AND FOR A FIRST CLAIM FOR RELIEF MALICIOUS ABUSE OF PROCESS

29. Plaintiff restates and reallege the allegations contained in ~~ 1 through 27 above as if fully set forth hereat and incorporate them by reference.

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30. Defendants failed to abide by the U.S. Bankruptcy codes when a discharge was granted to plaintiff in order to obtain a collateral objective outside the legitimate ends of the legal process.

31. As a result of the foregoing, plaintiff was deprived of his liberty and First Amendment rights, suffered psychological and emotional lnJury, humiliation, costs and expenses, and were otherwise damaged and injured.

AS AND FOR A SECOND CLAIM FOR RELIEF DENIAL OF CONSTITUTIONAL RIGHTS TO FAIR ADMINISTRATIVE HEARING

32. Plaintiff restates and reallege the allegations contained in ~~ 1 through 30 above as if fully set forth hereat and incorporate them by reference.

33. Defendants created false information against plaintiff.

34. Defendants therefore violated plaintiffs' constitutional rights to fair trials under the Fifth and Fourteenth Amendments to the United States Constitution.

35. As a result of the foregoing, plaintiff was deprived of his Constitutional Rights to a fair administrative hearing, suffered psychological and emotional injury, humiliation, costs and expenses, and were otherwise damaged and injured.

AS AND FOR A THIRD CLAIM FOR RELIEF DENIAL OF DUE PROCESS RIGHTS

36. Plaintiff restates and reallege the allegations contained in ~~ 1 through 34 above as if fully set forth hereat and incorporate them by reference.

37. Defendants have customs, policies and practices that deny pro se tenants the right to due process and the equal protection under the law.

38. As a result of the foregoing, plaintiff was deprived of his right to due process at the defendant NYCHA administrative hearing, and have suffered stress, psychological and emotional injury, humiliation, costs and expenses, and were otherwise damaged and injured.

AS AND FOR AN FOURTH CLAIM FOR RELIEF FOR VIOLATION OF THE BANKRUPTCY DISCHARGE INJUNCTION

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..

39. Plaintiffs restate and reallege the allegations contained in ~~ 1 through 37 above as if fully set forth hereat and incorporate them by reference.

40. Defendants selectively targeted against plaintiff, but not others similarly situated, and were invidiously discriminatory, malicious, purposeful, and/or arbitrary and capricious in their enforcement.

41. As a result of the foregoing, defendants have violated the Bankruptcy discharge injunction causing defamation and wrongfully putting plaintiff and his family in the street, plaintiff and his family has suffered psychological and emotional injury, humiliation, costs and expenses, and were otherwise damaged and injured.

WHEREFORE, plaintiff demands the following relief jointly and severally against all of the defendants:

A. Injunction Stopping defendant from evicting plaintiff,

B. Judgment to be determined by a jury in compensatory damages and in punitive damages,

B. An award of attorneys' fees and costs and disbursements, and

C. Other such relief as this Court may deem just and proper.

I hereby declare, verify, certify, and state, pursuant to the penalties of perjury under the laws of the United States, and by the provisions of 28 usc §1746, that all the above and foregoing representations are true and correct to the best of my knowledge, information, and belief.

Executed at Brooklyn, New York, this 15th day of November 2010.

DATED: Brooklyn, NEW YORK Monday, November 15, 2010

Brooklyn, New York 11212 (718) 624-7666, office

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