FILED: NASSAU COUNTY CLERK 06/17/2019 11:37 PM INDEX NO.

608200/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/17/2019

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU
--------------------------------------------------------------------------X Index No.:
MICHAEL PALAZZO,
VERIFIED
Plaintiff, COMPLAINT
-against-

COUNTY OF NASSAU &

NASSAU COUNTY POLICE DEPARTMENT,

Defendants.
--------------------------------------------------------------------------X

Plaintiff Michael Palazzo, by and through his attorney, Michael E. Talassazan, as and for his

complaint against the defendants, states upon information and belief as follows:

1. The causes of action alleged herein arose in the County of Nassau, State of New York.

2. This action falls within one of more of the exceptions set forth in CPLR § 1602.

3. At all times relevant herein, the plaintiff was a resident of the town of Nesconset, County of

Nassau, State of New York.

4. Defendant County of Nassau is a municipal entity created and authorized under the laws of

the State of New York.

5. Prior hereto, and within the time prescribed by law, a sworn Notice of Claim, stating among

other things, the time when and place where the injuries and damages were sustained, together with

Plaintiff’s demands for adjustment thereof was duly served on the Claimant’s behalf on the Nassau

County Attorney, and that thereafter said Nassau County Attorney refused or neglected for more

than thirty (30) days, and up to the commencement of this action, to make any adjustment or

payment thereof, and that thereafter, and within the time provided by law, this action was

commenced.

6. The statutory 50-H hearing was waived.

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7. At all times relevant herein, defendant County of Nassau operated the Nassau County Police

Department.

8. At all times relevant herein, defendant County of Nassau, by its agents, servants and/or

licensees, operated a police force known as the Nassau County Police Department and its personnel.

9. At all times relevant herein, defendant County of Nassau, by its agents, servants and/or

licensees, managed a police force known as the Nassau County Police Department and its personnel.

10. At all times relevant herein, defendant County of Nassau, by its agents, servants and/or

licensees, trained a police force known as the Nassau County Police Department.

11. At all times relevant herein, defendant County of Nassau, by its agents, servants and/or

licensees, maintained a police force known as the Nassau County Police Department and its

personnel.

12. At all times relevant herein, defendant County of Nassau, by its agents, servants and/or

licensees, supervised a police force known as the Nassau County Police Department and its

personnel.

13. At all times relevant herein, defendant County of Nassau, by its agents, servants and/or

licensees, controlled a police force known as the Nassau County Police Department and its

personnel.

14. At all times relevant herein, the defendant Nassau County Police Department acted as the

County of Nassau’s agent and assumed the risk incidental to the maintenance of a police department

and the employment of police officers.

15. From August 15, 1997 through March 19, 2018, plaintiff was employed as a police officer by

the Nassau County Police Department, 3rd Precinct.

16. Plaintiff made 3,300 arrests, had received various state accolades, and had no complaints of

excessive force during his 20 years and 7 months as a Nassau County Police Officer.

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17. Plaintiff was forced to retire from the Nassau County Police Department because of an

extremely hostile and abusive work environment.

18. No negligence or wrongful act of any kind on the part of the plaintiff contributed to the

occurrences alleged herein in any manner whatsoever.

19. Said hostile work environment arose following an arrest made by Plaintiff during a traffic

stop in September 2017.

20. In September 2017 plaintiff effected an arrest of one Virginia Kienath Bottari who was

operating a motor vehicle while intoxicated on a public roadway.

21. Ms. Bottari was combative to plaintiff and the other arresting officer, and uttered various

profanities at the officers during the arrest.

22. Ms. Bottari’s BAC at the scene of the arrest was 0.12, well beyond the legal limit for

operating a motor vehicle.

23. After Ms. Bottari was taken into custody, plaintiff was warned by a Lieutenant to “be

careful”.

24. The very next day following the subject arrest, the plaintiff began to be subjected to hostile

and harassing behavior by other members of the Nassau County Police Department which

continued until the day of his retirement.

25. Following the subject arrest, members of the Nassau County Police Department published

false and defamatory statements regarding the plaintiff on the internet, and also ridiculed the

plaintiff because of his medical history.

26. From the time of the subject arrest until his retirement, plaintiff was subjected to

unnecessary danger during times when he called into the precinct for back up, and either no back up

was provided or back up was delayed significantly for up to 20 minutes.

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27. The Nassau County Police Department’s ordinary response time for providing back up was

approximately 4 minutes.

28. Often times until the time of his retirement, when the plaintiff would radio in a 1064,

defendant’s police officers would whistle over the radio, rather than provide the required assistance.

29. At all times relevant herein, the frequency of the discriminatory behavior towards the

plaintiff was daily.

30. At all times relevant herein, the severity of the discriminatory behavior was such that it put

the plaintiff at risk of his life or other serious peril during his daily duties as a police officer.

31. At all times relevant herein, the discriminatory behavior was undertaken by members of the

Nassau County of Police Department often for the purpose of humiliating the plaintiff.

32. At all times relevant herein, the discriminatory behavior unreasonably interfered with

plaintiff’s performance of his police duties.

33. As a result of the aforesaid discriminatory and harassing behavior, the plaintiff suffered

severe psychological harm.

34. Up until the time of his retirement following the arrest of Ms. Bottari, the plaintiff’s

workplace was permeated with discriminatory intimidation, ridicule and insult.

35. The behavior of the defendants was severe enough to dramatically alter the conditions of the

plaintiff’s employment.

36. At all times relevant herein, the behavior in question has created an objectively hostile work

environment.

37. At all times relevant herein, the behavior in question was subjectively perceived as hostile by

the plaintiff.

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38. As a result of the complained of occurrences, the plaintiff was forced to give up significant

accrued overtime and unused vacation and lose out on increased pension and other retirement

benefits.

AS AND FOR A
FIRST CAUSE OF ACTION

39. Plaintiff incorporates herein by reference the allegations above inclusive, as though fully set

forth herein.

40. At all times relevant herein, the Plaintiff had a valid employment contract with the

defendants.

41. A term of said contract was that plaintiff would be free of hazards and other dangers in the

performance of his police duties.

42. Another term of said contract was that the plaintiff swore an oath to uphold the law,

including effecting arrests of non-law abiding citizens.

43. At all times relevant herein, Defendants created a hazard and danger to the life of the

plaintiff because of their abusive and harassing behavior following the arrest of Ms. Bottari.

44. As a result of the defendants’ conduct, the Plaintiff has lost the opportunity and ability to

receive the benefit of contract he entered with defendants including forfeiting significant accrued

overtime and unused vacation and lose out on increased pension and other retirement benefits.

45. As a result of the defendants’ conduct, the Plaintiff has been deprived of the benefit of the

contract that Plaintiff incurred a detriment in order to obtain.

46. By reason of the foregoing, the Plaintiff has suffered and will suffer loss of pension and

other retirement benefits, and has been damaged in a sum that exceeds the jurisdictional limits of all

lower courts that would otherwise have jurisdiction.

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47. As a result of the foregoing, plaintiff was caused to sustain serious injuries and to have suffered

pain, shock, mental anguish public and private humiliation; these injuries and their effects will be

permanent; and as a result of said injuries plaintiff has been caused to incur and will continue to incur

expenses for legal representation, counseling, psychiatric, and/or psychological care, and plaintiff was

and will continue to be rendered unable to perform his normal activities and duties and has sustained a

resultant loss therefrom.

48. As a result of the foregoing, plaintiff was damaged in an amount greater than the jurisdictional

limits of all lower courts.

AS AND FOR A
SECOND CAUSE OF ACTION

49. Plaintiff repeats and realleges with the same force and effect as if more fully set forth hereat

each and every paragraph of the complaint set forth above.

50. At all times relevant herein, defendants had a duty to refrain from taking actions that would

pose a health or safety risk to other police officers.

51. Defendant knew or should have known that failing to provide timely back up to a police

officer could pose a health or safety risk to the plaintiff.

52. Defendants did not act as reasonable police officers in failing to provide and in purposefully

delaying providing back up to the plaintiff, a police officer in need of assistance, on various

occasions prior to his forced retirement.

53. Defendants breached their duty to the plaintiff in failing to provide the protection and

security that an ordinary police officer is provided during employment.

54. Defendants were negligent in failing to provide back up to the plaintiff during his

employment as a police officer.

55. Defendants were negligent in failing to prevent physical threats to the plaintiff from other

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police officers, harassment, intimidation, and in the general failure to provide assistance to plaintiff

in his daily duties.

56. As a result of the foregoing, plaintiff was caused to sustain serious injuries and to have suffered

pain, shock, mental anguish public and private humiliation; these injuries and their effects will be

permanent; and as a result of said injuries plaintiff has been caused to incur and will continue to incur

expenses for legal representation, counseling, psychiatric, and/or psychological care, and plaintiff was

and will continue to be rendered unable to perform his normal activities and duties and has sustained a

resultant loss therefrom.

57. As a result of the foregoing, plaintiff was damaged in an amount greater than the jurisdictional

limits of all lower courts.

AS AND FOR A
THIRD CAUSE OF ACTION

58. Plaintiff repeats and realleges with the same force and effect as if more fully set forth hereat

each and every paragraph of the complaint set forth above.

59. The above stated acts and omissions constituted deprivation of plaintiff's rights and freedoms

and under the Federal and State constitutional and civil rights laws and further, constitute actionable

wrongs pursuant to 42 U.S.C. 1983, and the Monel Doctrine.

60. At all times relevant herein, the defendants engaged in a pattern and practice of debasing,

humiliating and harassing the plaintiff and other police officers during the course of their police duties.

61. At all times relevant herein, the defendants have engaged in a pattern and practice of failing to

follow proper police personnel procedures and failing to protect other officers.

62. As a result of the foregoing, plaintiff was caused to sustain serious injuries and to have suffered

pain, shock, mental anguish public and private humiliation; these injuries and their effects will be

permanent; and as a result of said injuries plaintiff has been caused to incur and will continue to incur

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expenses for legal representation counseling, psychiatric, and/or psychological care; and plaintiff was

and will continue to be rendered unable to perform his normal activities and duties and has sustained a

resultant loss therefrom.

63. As a result of the foregoing, plaintiff was damaged in an amount greater than the jurisdictional

limits of all lower courts.

AS AND FOR A FOURTH

CAUSE OF ACTION

64. Plaintiff repeats and realleges with the same force and effect as if more fully set forth hereat

each and every paragraph of the complaint set forth above.

65. The acts complained of herein constitute negligent infliction of emotional harm.

66. As a result of the foregoing, plaintiff was caused to sustain serious injuries and to have suffered

pain, shock, mental anguish public and private humiliation; these injuries and their effects will be

permanent; and as a result of said injuries plaintiff have been caused to incur and will continue to incur

expenses for legal representation counseling, psychiatric, and/or psychological care, and plaintiff was

and will continue to be rendered unable to perform his normal activities and duties and has sustained a

resultant loss therefrom.

67. As a result of the foregoing, plaintiff was damaged in an amount greater than the jurisdictional

limits of all lower courts.

AS AND FOR AN
FIFTH CAUSE OF ACTION

68. Plaintiff repeat and realleges with the same force and effect as if more fully set forth hereat each

and every paragraph of the complaint set forth above.

69. The aforementioned occurrence took place due to the malicious, willful, wanton and intentional

acts and/or omissions of the defendants and/or their employees, agents, servants and/or licensees of

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defendants all of whom were acting in the scope of their authority and within the scope and in the

furtherance of their employment.

70. Defendant maliciously defamed, slandered, published false accusations of and concerning the

plaintiff.

71. The acts complained of were extreme and outrageous under the circumstances.

72. The acts complained of herein constitute intentional infliction of emotional harm.

73. As a result of the foregoing, plaintiff was caused to sustain serious injuries and to have suffered

pain, shock, mental anguish public and private humiliation; these injuries and their effects will be

permanent; and as a result of said injuries plaintiff have been caused to incur and will continue to incur

expenses for legal representation counseling, psychiatric, and/or psychological care; and plaintiff was

and will continue to be rendered unable to perform his normal activities and duties and has sustained a

resultant loss therefrom.

74. As a result of the foregoing, plaintiff was damaged in an amount greater than the jurisdictional

limits of all lower courts.

PUNITIVE DAMAGES

75. Plaintiff repeats and realleges with the same force and effect as if more fully set forth hereat

each and every paragraph of the complaint set forth above.

76. The acts complained of herein were performed with malice and willful intent and are beyond

the bounds of a civilized society.

77. As a result of the foregoing, plaintiff was caused to sustain serious injuries and to have suffered

pain, shock, mental anguish public and private humiliation; these injuries and their effects will be

permanent; and as a result of said injuries plaintiff has been caused to incur and will continue to incur

expenses for legal representation, counseling, psychiatric, and/or psychological care; and plaintiff was

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and will continue to be rendered unable to perform his normal activities and duties and has sustained a

resultant loss therefrom.

78. As a result of the foregoing, plaintiff is entitled to an award of punitive damages in an amount

greater than the jurisdictional limits of all lower courts.

WHEREFORE, Plaintiff demands judgment against the defendants herein, in a

sum exceeding the jurisdictional limits of all lower courts that would otherwise have jurisdiction,

together with attorneys’ fees and the costs and disbursements of this action.

Dated: Albertson, New York

June 17, 2019

Yours, etc.

s/ Michael E. Talassazan
_______________________________
Law Offices of Michael E. Talassazan
Attorney for Plaintiff
118 Grant Avenue
Albertson, NY 11507
Tel: 917 768 1155
Michaeltalassazan@gmail.com

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ATTORNEY VERIFICATION

MICHAEL E. TALASSAZAN, an attorney duly admitted to practice before the Courts of

the State of New York, affirms the following to be true under the penalties of perjury:

I am the attorney for the plaintiff in the aforementioned matter. I have read the foregoing

Complaint and know the contents thereof, and the same are true to my knowledge, except those

matters therein that are stated to be alleged upon information and belief, and as to those matters I

believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based

upon facts, records, and other pertinent information contained in the firm’s files. I make this

verification because plaintiff is not presently in the county where I maintain my office.

Dated: Albertson, New York

June 17, 2019 s/ Michael E. Talassazan
_________________________________
MICHAEL E. TALASSAZAN

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU
--------------------------------------------------------------------------X
MICHAEL PALAZZO,

Plaintiff,
-against-

COUNTY OF NASSAU &

NASSAU COUNTY POLICE DEPARTMENT,

Defendants.
--------------------------------------------------------------------------X

Index No.:

VERIFIED
COMPLAINT

LAW OFFICES OF
MICHAEL E. TALASSAZAN
118 Grant Avenue
Albertson, New York 11507
Tel: 917-768 1155
michaeltalassazan@gmail.com
topattorneynyc.com

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