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~_ ~

CC}LTNT'Y PC}LICE OF~ICE~ ~

in his official and individual capacities,

SUFFOLK COITNTY P(JL~CE ~,_

~~~~~

members of the Suffolk Co~n~y ~'

~.

-~i~ I~~~S 1-4, yet unknown and unidentified


~~ their official and individual capacities,

(hereinafter referred to as "SCI~T~ depriving Plaintiff of rights secured ;~ the ~c


New York, as well as discrir~inat~ry _~_ __
unreasonable,excessive and unnE

ar ~.;~

~~ committing acts under color of the law,


~

'can and yaws ofthe United States and State of

~_ _

,battery, infliction of emotional distress,

_~__

_ r~ _ dent supervision,failure to properly train,

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.
2.

Upon information acid ,~:_ ~i f~ -; _- _ _ _ __fa t S~~D OFFICERS discriminatorily harassed,

~T

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_
E

~iPS

~;

.:~

:vy~z.b,;ale.~, ~.,,,;Aq~t,:,m.i~

r~oiiEii~,~

ire the direction of AL M. KI~2~, ._ _

4.

II1~t~ ~itc tdstt ~saflti

~~r, emotional upset, property damage,

exacerbation ofconditions and atl~er h~rr ~


injuries, damage, stress and extra ~_

a ii~ccaT'

~ c~nsideratian to the acts leading to serious

`n a~

Upon information ~r~~` b~

_.

COUNTY OF SUFFOLK, and SCPD

OFFICERS, failed to properly adlninistr~te, investigate, supervise and discipline the actions of
Defendant SCPD OFFICERS, ~r~c~~dira~ b;~t

~t ~y~i~zd to POLICE OFFICER DONALD

SANTAMARIA before, during, and a~te~ the ~~e


of process, assault and battery ana ~~s~~r ~~~rt _,
5.

~e_~ia11y deadly and excessive force, abuse


s against Plaintiff AL M. KIRBY.

Upon information and belief, C~L~'NT4' ~F SUFFOLK was negligent in training,

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-'I, .esiis.~e ~.ix~.ri ~ia.~-.:

7.

This action is brc~

Fifth, and Fourteenth Amendrne~ .


28 U.S.C. 1331, 1343(3)and (~;

~~ ~,T,~.~. ~1983, 1985, and the First, Fourth,


_

~ ~~ ,nstitution. Jurisdiction is founded upon

~ . ~ _ __ - _ _

_ _ ~~:

statutory and constitutiional provisions.

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
_3_

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-,c~ s,az t~~ :~r~ fT~c.w,s1 ~~f9HY,~,~:~~1 ~ nY4,

~~ r'~nrn va~i r~ sa>e 4~a ~x

~. ~I~~_LS T ~, ~~

ena~

Here fl

~~.

`~

~~,

~ui1a1~ ~~~ ~iEiia ~

ksviti;ax~aata~ a3~t`a~ o~~~ ~

alb times herein mentioned p~ ii,_ _

,_ _

Defendants, the SCPD OFFICES

acting under color oflaw,to wit ~-_~ ~_

. _: -_

_:
_

.~s vtr~T~ ~~

1~_c C~UNT~ under the directlan of


once of the scope of their employment,

__ _ ~_ ~~inances, regulations, policies, customs

and usages of the State of New dark aradlc~r the ~i~y of New York.
13.

During all times st~te~ here

_ .' formation and belief, Defendant SCPD

OFFICER DONALD SANTAMAIZIA,(herei~~~~~~ ~a~~ '~ ~~'FICER" or"SANTAMARIA")is a male


White police officer and employed by the ~t~I~~7T~ t~F' SUFFOLK under the direction of the
SUFFOLK COUNTY POLICE I~~~'ARTIv1~NT. I3efendant SANTAMARIA is being sued in his
individual and official capacities.

f ~.,

~narirr ~al~t~~.

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17.

_ ttti'.

During all tim _,

,~efer~dants had the power and the duty

to restrain the other Defendants


Plaintiff; each of the Defendants f~:

~ violating the law and the rights of the

, ~_:.

tc~ perform that duty and failed and refused

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 _ :_: _ .~ _

:_ ~

~,~ `~~CERS as stated herein.

~ .__ _._~~__ t~ ~,- __

22.

23.

Qn or about tl .

driving a vehicle in Suffolk Cour r


24.

y 3~, 2016, Plaintiff, Al M. Kirby was


<-

As he approached a step sign _

[~ Ff came almost to a complete stop, then

continued around a sharp turn tc~


25.

As he completed 1~~s ~ur~, h~ - -

_ ~ lights coming from a police cruiser and

immediately pulled over. Plaintiff ~~c~d ~h~ ve1~

~ i~ park, rolled down the window,turned off

the vehicle and placed his hand ~n the ste~rl~~

~; ~ rafting for the police officer to approach.

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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neck. The Defendant Officer usE


31.

Plaintiff was then

Zvi wa~~.,d! iati; eau is ~aaiauzi~ ~i.i~w~ ~i1 ilt~

~. _ _

~ndle and secure Plaintiff,

_,

up with police lights, sirens and spotlia~.t

~
-

,the street, while the block was fully lit


reined in this position for an unreasonable

time which caused him extreme ~

Defendants as to why or how a fire~rrr~ ~~:

~ r~aintiff and no less discharged at him.

32.

,s. Thee was no explanation offered by

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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~V $~i~ Etc;1C911S C~~ ~

often coping with sleeplessne~~,:

~~~i.~.~~s brought an by the treatm~~it to

which he was subjected all of which __ `f.: ~ ~ ~


rr~
42 U.S.C.
38.

~.~ -

~;.~nction as he did before the incident.

~ _,

't~UNT
~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 ~~

~ ~s' predisposition to abuse, brutally, use of

~a~a ,~~.~,~re,,,~~ ~z ~~~s~ary ic~r,~n ,

h t~~ intent of~~,4s,

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reek~ess behavior,and vioiati~~.~ ~ ~

4~~,t~

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~_

as a result of the aforesaid. unlawful ~or~d~~ :


42.

f~.~~~~~.~~

~~6E'i~6~~~.~L~

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ain~iffu~as deprived ofhis freedom,was

made to suffer injuries, great pain any


humiliation, degradation, and car

nl

~,

bj~cted to great fear and terror; personal


pain and mental and emotional distress
'ants.

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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r-~aatciia:cadi.

a proper,the flic:;rs invQlve~: ~a~r~

,u~~~;,~;ained, car ;,objected za restraint,

and such incidents were in fact c~;~ ~ _


uses ofweapons werejustified any - ~:
were caused and encouraged to

_ _

~
~ _.

`~ as that the beatings, use of force, and

~ ~~'L)police officers within theirjurisdiction


~ LL~e~sans could be beaten or abused under

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.

In addition to permitti~~ a p~~~~rt~ ~ d practice of improper beatings and abuses in

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.
T
i

---___

__. _._ ___ _._ _ _ --_ ,

1
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1~~ 111 ~IIO~c

7 ~ ~~

beatings, sh~~tir~~s, end ~hv~

a~.~~.~ L~~~~ 8~~~ ~~~~~

~,~ ~~v~A~a~ ~~~L

improper abuses of autho~~t~~re ~G

~ ~ ~~ ar~d failed to subject officers whc~

abused, beat andlor brutalized c ~

~ ~~oser supervision, or restraint, to the extent

that it has become the custom oft ~ ~ _ '

_ _ _ ~ improper abuses ofauthority beatings,

illegal arrests and other wrongful ac~ic~ns by _ -~. ~ _ fficers.


49.

Further,the CC)LT~Ti~~Y and S~1~,wc~ ~intain either supervisory and/or decision-

making positions, permitted a practice ~~ i~~s~op~~- investigation, supervision, discipline and


retention ofDefendant Officers. ~I'i~e ~OUN~'~'ar~d SC~'I) also refused and failed to prosecute the
Defendant Officers thereby improperly and in v~c~la~ion of the Plaintiffs' rights neglected, failed,
andlor delayed in administering an investiga~it~ a~the c~rc~mstances surrounding the instant matter

W~~_

a ~~.ar.

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e.

51.

_"`~~~ra

_... a~an_~.__n~<t

~
j,..:.,. .........:..._.,

R~~urts ire brz::,:


officers. Conclu
clearly incorrect c~ ~ ~

? fc~r accuracy b~ sup~rvisary


.~~a to be drawn on the basis of
~n.

~~a~%s, policies and custioms ofthe Defendants

The foregoing acts, -- :::ic 5, ; d

COUNTY and SCPD caused the _

~ '__~~ ~ C ~ - ~ ~ ~~~ ~a b~Iieve that brutality and other improper

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- ~~'~

`':ins where such force is neither necessary nor

reasonable.
52.

vr~sn~~ul actions, intentional, negligent, and

As a consequence c~ ~ a ,_

reckless behavior,and violations ofsta~~ anc` ,

.: '~ws,Plaintiff was deprived ofhis freedom,was

-12-

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55,

~~2 ~

Plaintiff repeats ~

~Y a~~egatian es~ntained ate paragraph ~

through 54 of this complaint ii


56.

ut as though fu11y set forth herein.

Defendants COti~T~"Y~ anc~ ~~~~ i

?RS conspired to deprive Plaintiff, an

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

ike fear and threaten to brutalize Plaintiff

because of, or on account of, Pla nt~f~`s rice ~~~ ~c~~~r.


57.

Upon information and belief tie ~3e~`~rid~nts further deprived the Plaintiff ofhis due

process rights; specifically, by c~~ ~ _~ ~_ ,~

~ .~ force,coverup the use offorce including

the discharge of a firearm and abuse ~f PI ` -:. ~, ~ -orspliant African-American Veteran without

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61.

,~, ..b,la ,.~

~bt

,-~ ~e> ~, ~,z~.

r4aa~cy~ia_

reckless behavior,andviolatians c~~`s~a~e a. _


seriously harmed, was subjected tc~ gre ~
suffered and continues to suffer ~ ,l~ ` _ . _

62.

~,,.~3

~,~

tsars ~>

sagcui~~tTl.

As a consequent_ .._ a

result ofthe aforesaid unlawful ~_

~~.r, ~ln ,.. ~~

a~ actia~s, intentional, negligent, and


f~aintiffwas deprived ofhis freedom,was
~ersanal humiliation and degradation, and
~ - ~r eat, menial and emotional distress, as a

_' __,t c _~

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

a~i

_ _ _ _. _..

_. _t

~i- -

_ _ _,

paragraphs 1 ~~irflugh 60 ~f t~_~'


marked by the conduct of Def~n~._._
66.

..

_.,

_,

,1:_

B ~

.~1.6 ,

,~~; a~loti ~ ~ted by rice and cc;~c~r, and were


_ ..,

Upon information

further deprived the Plaintiff of his c

~ ovation.
~OLTNTY,SCPD,and SANTAMARIA

z~ ~

engaging in summary punishment ~~d use ~~ s~rc~ t

~; ~ pacifically by discharging his weapon and


~ _ ive Plaintiff of his rights to proper and

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

~}l~~ ~g~~^a

(~ n#~t~~ a~Fs~reiral anri ~r~t~t

9
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Is~,~<~S ...~, ~Il

70.

c`~l.b.d~ ,., .~~.,.. ~

As a result of

SANTAMARIA, the Plaintiff h~


detention, court appearances, an..
71.

a.~

~,

~.

~ ~ ~ Defendants CO~TNTY, S~PD, and


', - ~ .

tc~ ~~~ecessary and unsubstantiated charges,

d:

Plaintiff fizrther s~f~~red ~~ve

- . ~ ;ins.
~

~~

on, anxiety, fear, and emotional and

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.

she disch~~~~ ~f ~ firearm.

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,

-16~

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i~n'~~ c`1T1C~ ~~y~.as~

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e~r~ 2Il ~~~

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$%rt ~}~r~n

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i

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c~~aA~,rwis~ abuse ~ gu

Ly ~c~~ i
.,~ u:~ r~ot~~d ruez~~ u., _

~~, ~.

violating the Constitutional and c~~r~I z :_ _

___ car
~.~, by ~c~t

Plaintiff and other persans similarly

taking actions which would t:nr__ _ _


situated, and acting within the sc~~~ ~f'~

I3~1fl~3~Z' fit}

not using excessive force or otherwise

~T ~ ~_~: Defendant Officers, in their actions,

breached those duties.


76.

Further, Defendants ~~L~I~TY aid ~C~I~ OFFICERS, their agents, employees,

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 ~`~

_~ k~e~v or should have known ofthe Defendant

~~~~rl c~Qra~r~ r~6zvcir~~ h~

~~~~ ~,a ~ ~.e.a,_i

~~.

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trs ~I~avati ff

rorantin~sc~c

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~~lt)Ligll 7~ .,~

80e

e l.. ugla~iu~a...

Defendants ~C7~J1~~i~ ~

deadly force, threatened the use

_~

~ ~ZS ha~ia~g illegally and unlawfully used

X11 as the laws ofthe State ofNew York.

Defendant SCI~D ~F~I~~~~ ~

emergency, necessity, or justitic<

.~,, ~,a~a,

+_ _ t~ Plaintiff's car, abused, and physically

~_

mistreated Plaintiff violated the


81.

.~~,L .va

~ illy,unlawfully and without privilege,consent,

- ~~rce~' ~

=ftc~ endure violent and deadly force used and

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.

~:~ir~ed at injuring and causing Plaintiffharm

~s a
%

~ESB ti

85e

TT~at by reason aft

injury and monetary damages in e ~ _

P
~

's ed and continues to suffer irreparable

punitive damages, costs ar~d attorney see

~ ~ ($5,04Q,OOQ.00)DOLLARS,as well as
ief this Court may find just and proper.

~
AS AI~I~ F(l~
~I COU1~1T
~
~~LT~ ~' ` ,_ ==_ ~ ~ESS

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.

Defendants' were c1~~r1y ~;: _ c ~n t~ improper exercise oftheir police power,the

resources of government, use of e~c~ssi~

::__,c _<~le force, as we11 as an abuse of process.

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s~
_ivy',
9I.

Plaintiff re~re~f ~

.~y~ a1~~gatie~n contained ~n paragraph 1

though 90 of this Complaint ~ it`


92.

The C4LTNTY anc~ ~~

~ as t~o~gh fu11y set forth herein.


~ ~,~ ~ ~~~

outrageously for their above-stated roles

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.

Said emotional harm was ~_ _

_ _ the fabricated criminal charges against the

Plaintiff, known by COUNTY and S~P~3 ~3~~'I~~~~ ~o be without basis, yet prosecuted Plaintiff
with the intention of causing ext_ ~; _ :~~ _rth~ ` -

~ d~.~Yess to the Plaintiff.

94.

I~ ~i~ht

b.

c~~

~ ~~~ s~r~r r ~~.

~.
d.

on the Fourth C ~. ~,

e.

on the Fifth Count

f.

on the Sixth Count i~a ~~e sum ~~ FI~~ i~~I~,LION ($S,OOO,OOQ.00) DOLLARS.

g.

on the Seventk~ C~. -- '~ the s~

h.

on the Eighth Cou:.~ r~ tl~e s~~~ ~_

I.

Punitive damages 1~ ~e a~~~ c~~ `~I~' ZLLION ($10,000,000)DOLLARS.

_
~

~.

I.,~,ION {$S,OOO,OOO.OQ} DOLLARS


~Z,LI(~N ($5,000,000.00) DOLLARS.

~`~`~V~ ~~1ILLI(~N ($S,000,Q00.00} DOLLARS.


-~ _~~II,Z,ION ($S,Q00,000.00) DOLLARS.

j.

Award attorney's f~~s and ~.~sts oft ip action to the Plaintiffs pursuant to 42 U.S.C.
1988;

k.

Declaratory Judgrner~t ~l~at def~_~c~--_- ~-,:1fully violated plaintiffs' rights secured by


federal and state law as alleged h~r~'_i;

1.

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