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failure to properly supervise and ne~~igenc~, ~~~ i~ vi~~~tic~n of42 U.S.C. 1983, 1981, 1985 and
related State laws as stated herein.
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OFFICERS, failed to properly adlninistr~te, investigate, supervise and discipline the actions of
Defendant SCPD OFFICERS, ~r~c~~dira~ b;~t
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7.
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Plaintiff further invokes pendent;urisdicti~~ ~~~n~~ Co~zr~ pursuant to 28 U.S.C. 1367 to hear and
decide any and all claims arising
8.
e~ Spate Ia~r.
Prior hereto and wi~hin the ~~~per tine allotted, Plaintiffs filed a Notice of Claim in
compliance with General Municipal I,a~% ~~0 ~t. seq. and CPLR 215 as against each municipal
Defendant. More than 30 days har=e e~~ps~:g f~_ _ _~ L7efer~dants have failed and refused to pay or adjust
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and usages of the State of New dark aradlc~r the ~i~y of New York.
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restrain the other Defendants, thereby becc~~a~g a party and acting in concert to harm and bring
about the injuries inflicted upon the I~lain~if~
18.
During all times men~i~~ec~ i~ ~ pis ~~ p1~~ ~, Defendants had the power and the duty
to conduct a fu11 and fair investigatia~ cif ~h~ S~PII:3 C)FF~~ERS. The Defendants failed to timely
and sufficiently investigate the _ :_: _ .~ _
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22.
23.
Qn or about tl .
26.
As he waited for, uTho he nom i~nows vas Officer SAl~~TAMARIA tc~ approach,
Plaintiff heard pow, a loud pop w~i~h he r~Vogn~z~d as ~ weapon's discharge, due to his military
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32.
Plaintiff was appr~~ch~d by ~ Sergeant (John Doe 1) who asked if he had been
drinking that night. He was thin given , _: _~ ~.~ f~1d sobriety tests to which he submitted. He
informed the Sergeant that he ~~as a veteran which was ignored and diminished by the officers
present. He was then taken to thz '7th p~e~ir~~t aid eharged with Driving While Intoxicated.
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~TSE OF FORCE
Plaintiff repeats aa~d r~-a1le~es each ~n~ every allegation contained in paragraph 1
through 37 of this Complaint with the same farce aid ~ffe~t as though fully set faith herein.
39.
Plaintiff was never a~~~sed ~~ ~sr n~~~-g~d with having engaged in conduct which
included any force, threat of force or att~ pt ~:a r~~_:;~~~y actions or directions of the Defendants.
Defendants' wrongful conduct illus~r~tecl ~~
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As a direct result ofsaid acts, I'I~intif~ has suffered and continues to suffer repeated,
severe and permanent psychologi~~l,ern~`~f '~~~' x , ~~ ~,~1 trauma and damage,including distress,
humiliation,embarrassment,property:d~rr~a~~;, gre _:: _ :~r~cial expense and damage to his reputation,
and the emotional and psychological ~rau~a~~ ~:s .~-:. ~~~ti i~ the preceding paragraphs of the within
complaint.
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circumstances not requiring the use of exc~ssi~~ fc~~ce, and that such abuse and beatings would in
fact be permitted by the COIJNT'~',
46.
the COUNTY,the COtTNTY and SC~I~ l~a~je failed to maintain a proper system ofinvestigation of
ail incidents of unjustified beatings, abuses cif ~ut~~rit~=, false arrests, and excessive use offorce by
c~1i~~ ~~~ic~rs.
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actions would not be aggressively, ho~~stly a~ad pr~~erly investigated,with the foreseeable result that
officers are most likely to use excess~~e farce il- ~~'~
reasonable.
52.
As a consequence c~ ~ a ,_
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Plaintiff repeats ~
African-American citizen, of his 1'`, 4t", 5`h, ~n ~ ~i~ Amendment rights, and jointly caused such
deprivation ofrights by acting in concert to ~an~a~A
Upon information and belief tie ~3e~`~rid~nts further deprived the Plaintiff ofhis due
the discharge of a firearm and abuse ~f PI ` -:. ~, ~ -orspliant African-American Veteran without
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As a consequent_ .._ a
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As a direct result o~saPd acts, s~~~sr~i~ff has suffered and continues to suffer repeated,
severe and permanent psychologi;~1, ~~no~i~na~ ~~~ phys~~~l trauma and damage,including distress,
humiliation,embarrassment,property damage,great financial expense and damage to his reputation,
and the emotional and psychological trauma ~s alleged ire the preceding paragraphs of the within
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Upon information
~ ovation.
~OLTNTY,SCPD,and SANTAMARIA
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non-violent treatment without prop~~ cau~~ ~t~ suspicion, groper investigation, rule of law and by
further denying the plaintiff his F~~t~a ~n~~~~ ~~* ~~ ~h~s ~~~a an attempt to cover up the misconduct
of said officers and officials ar~d t~ pr_ ____ F__-_:~`~~ from being compensated for his being
wrongfully subjected to the use of~~rc~ end t~re~ts ~fserious bodily harm arising from the discharge
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70.
As a result of
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psychological harm, as a direct result of being subjected to the use of force and threats of serious
bodily harm, and death, arising fr~
72.
As a direct result ofsaid acts, P~~i tiff has suffered and continues to suffer repeated,
severe and permanent psycholagical,ernoti~~~ anci physical trauma and damage,including distress,
humiliation,embarrassment,pro~er~y dam~~e,great ~na~cial expense and damage to his reputation,
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and/or servants, violated the Plaintif~~'s ri~~ts ~~c~rp~ tender United States Constitution and 42
U.S.C. 1983, and were careless, n~blig~~~ Q~ _ _ __ ' ~ =n the care and treatment of Plaintiff by
failing to hire, supervise, discipli~?e, and inves~i~ate the Z~efendant Officers involved in the instant
matter. Defendants COUNTY and S~~D O ~`~
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Defendants ~C7~J1~~i~ ~
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threatened and physical abuse. P~~i~tiffat r_~~ _ _-~ cs~~~ented to such abuse or seizure of his person
by Defendant Officers. Said actions ~r~re : _ t
discomfort, pain and humiliation.
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~ ~ ($5,04Q,OOQ.00)DOLLARS,as well as
ief this Court may find just and proper.
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AS AI~I~ F(l~
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86.
Plaintiff repeats and reai~eges each and every allegation contained in paragraph 1
though 85 of this Complaint with tie sarr~v ~c~ree and effect as though fully set forth herein.
87.
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Plaintiff re~re~f ~
in the use of deadly force, wrong~'i~~ stag, detainment, false arrest, prolonged captivity, assault,
battery, intimidation and public 1~ _..~~ ; ~ ~,_~~ ~. :~. c :'~1~e P1ai~flff.
93.
Plaintiff, known by COUNTY and S~P~3 ~3~~'I~~~~ ~o be without basis, yet prosecuted Plaintiff
with the intention of causing ext_ ~; _ :~~ _rth~ ` -
94.
I~ ~i~ht
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d.
on the Fourth C ~. ~,
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f.
on the Sixth Count i~a ~~e sum ~~ FI~~ i~~I~,LION ($S,OOO,OOQ.00) DOLLARS.
g.
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j.
Award attorney's f~~s and ~.~sts oft ip action to the Plaintiffs pursuant to 42 U.S.C.
1988;
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