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Defendants.
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PRELIMINARY STATEMENT
1.
This is a civil rights action in which the plaintiff alleges that the City of
New York and four New York City Police Officers of the 121st Precinct in Staten Island violated
his rights under 42 U.S.C. 1983 and the Fourth and Sixth Amendments to the United States
Constitution by falsely arresting him, using unreasonable force on him, denying him a fair trial
and maliciously prosecuting him. Plaintiff also asserts claims of false arrest, assault, battery,
malicious prosecution and vicarious liability under New York state law. Plaintiff seeks
compensatory and punitive damages, attorneys fees and costs, and such other and further relief
as the Court deems just and proper.
JURISDICTION & VENUE
2.
This action is brought pursuant to 42 U.S.C. 1983 and the Fourth and
Sixth Amendments to the United States Constitution. Jurisdiction is conferred upon this Court
by 28 U.S.C. 1331 and 1343.
3.
U.S.C. 1367 to hear and decide his New York state law claims of false arrest, assault, battery,
malicious prosecution and vicarious liability which form part of the same case and controversy
as plaintiffs federal claims under Article III of the United States Constitution.
4.
1391(b) and (c) because the City of New York is located in this District and because the
incident in question occurred in this District.
JURY TRIAL
5.
6.
malicious prosecution and vicarious liability brought under New York state law, a notice of
claim and an amended notice of claim were duly filed with the City of New York within 90 days
of the incident at issue, more than 30 days have elapsed since such filings, and the City has not
offered to settle plaintiffs state law claims.
7.
This action is brought within one year and 90 days of the incident at issue.
PARTIES
8.
9.
defendants acted under color of state law and within the scope of their employment as members
of the NYPD at all relevant times herein. The individual defendants are sued in their individual
capacities.
STATEMENT OF FACTS
11.
gunpoint robbery and shooting that took place on Sharpe Avenue in Staten Island, New York.
12.
Cosentino, NYPD Detective Michael Burke and an unidentified NYPD detective (collectively,
the defendants) of the 121st Precinct interviewed plaintiff about the robbery.
14.
plaintiff did not know, who was the victim of a gunpoint robbery at a different time and location
by apparently the same individuals who had robbed and assaulted plaintiff.
15.
identify their assailants and thought that they were being intentionally uncooperative.
16.
17.
During the verbal dispute, Officer Steven Cosentino lunged at Gray and
The enraged defendants subsequently arrested plaintiff and Gray and took
and without legal justification, twisted plaintiffs left arm, pushed plaintiff and forced him to
stand on his injured leg, causing plaintiff pain and physical injury. At all times at the hospital,
plaintiff was compliant and did not resist arrest.
20.
that plaintiff and Gray, acting together, pushed Officer Cosentino to the ground. Based on this
fabrication, the defendants falsely charged plaintiff with assaulting and harassing Cosentino.
21.
to receive additional medical treatment and, after receiving treatment, plaintiff was taken to
Staten Island Central Booking.
22.
acting in concert, misrepresented to the Richmond County District Attorneys Office that
plaintiff had assaulted and harassed Officer Cosentino at Richmond University Medical Center.
23.
approval of the other defendants, signed a criminal court complaint falsely alleging that plaintiff
was involved in pushing Officer Cosentino to the ground and falsely charging plaintiff with
assault and harassment.
24.
27.
$2,600.
28.
emotional distress, fear, anxiety, humiliation, embarrassment, pain, physical injuries and
financial loss.
FIRST CLAIM
( 1983; FALSE ARREST)
(Against All Defendants)
29.
30.
plaintiff without legal justification or probable cause in violation of 1983 and the Fourth
Amendment.
31.
confinement, plaintiff did not consent to his confinement, and plaintiffs confinement was not
privileged or lawful.
32.
35.
Detective John Doe, acting under color of state law, used force upon
plaintiff which was objectively unreasonable in violation of 1983 and the Fourth Amendment.
5
36.
39.
prosecutors that plaintiff had violated the law and initiated a prosecution against plaintiff which
terminated in plaintiffs favor.
40.
41.
44.
prosecutors that plaintiff had violated the law in violation of 1983 and the Sixth Amendment.
45.
48.
opportunity to prevent the violations of plaintiffs constitutional rights under the Fourth and
Sixth Amendments, but they failed to fulfill their constitutional obligation to intervene.
49.
52.
53.
1983.
54.
Upon information and belief, the City of New York, at all relevant times,
was aware that the defendants and other members of the NYPD are unfit officers who have
previously committed acts similar to those alleged herein, have a propensity for unconstitutional
conduct, and/or have been inadequately trained.
55.
indifference by failing to take remedial action. The City failed to properly investigate prior
allegations of police misconduct made against the defendants and other officers and failed to
properly train, retrain, supervise, discipline and monitor the defendants and other officers like
them.
56.
60.
the NYPD, arrested and imprisoned plaintiff without legal justification or probable cause.
61.
confinement, plaintiff did not consent to his confinement, and plaintiffs confinement was not
privileged or lawful.
62.
Because the individual defendants were acting within the scope of their
employment when they falsely arrested and imprisoned plaintiff, the City of New York is
vicariously liable to plaintiff.
63.
66.
member of the NYPD, placed plaintiff in fear of imminent harmful and offensive physical
contacts which injured plaintiff.
67.
Because Detective John Doe was acting within the scope of his
employment when he assaulted plaintiff, the City of New York is vicariously liable to plaintiff.
68.
NINTH CLAIM
(BATTERY UNDER N.Y. STATE LAW)
(Against Detective John Doe)
70.
71.
member of the NYPD, made offensive and nonconsensual physical contact with plaintiff which
injured plaintiff.
72.
Because Detective John Doe was acting within the scope of his
employment when he battered plaintiff, the City of New York is vicariously liable to plaintiff.
73.
76.
the NYPD, maliciously misrepresented to prosecutors that plaintiff had violated the law and
initiated a prosecution against plaintiff which terminated in plaintiffs favor.
77.
Because the individual defendants were acting within the scope of their
employment when they maliciously prosecuted plaintiff, the City of New York is vicariously
liable to plaintiff.
10
78.
b.
c.
d.
Such other and further relief as the Court may deem just and proper.
_____/s/___________________________
RICHARD CARDINALE
Attorney at Law
26 Court Street, Suite # 1815
Brooklyn, New York 11242
(718) 624-9391
11
JS 44 (Rev. 1/2013)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Roger Arthur
Richmond
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
DEF
1
Citizen or Subject of a
Foreign Country
Foreign Nation
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
OTHER STATUTES
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
2 Removed from
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 USC 1983
DEMAND $
DOCKET NUMBER
/s/
09/11/2015
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.
Richard Cardinale
plaintiff
I, ______________________,
counsel for __________________,
do hereby certify that the above captioned civil action is
ineligible for compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason
Constitution
Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
N/A
RELATED CASE STATEMENT (Section VIII on the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)
provides that A civil case is related to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or
because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the
same judge and magistrate judge. Rule 50.3.1 (b) provides that A civil case shall not be deemed related to another civil case merely because the civil
case: (A) involves identical legal issues, or (B) involves the same parties. Rule 50.3.1 (c) further provides that Presumptively, and subject to the power
of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be related unless both cases are still pending before the
court.
Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
No
County:_________________________
2.)
If your answer to question 2 (b) is No, does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
or Suffolk County?______________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes
No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes
(If yes, please explain)
No
/s/
Signature:____________________________________________
Eastern District
ofof
New
York
__________
District
__________
Roger Arthur
Plaintiff
v.
City of New York, P.O. Anthony Denatale, P.O.
Steven Cosentino, Detective Michael Burke, et al.,
Defendant
)
)
)
)
)
)
)
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, who is
; or
; or
Other (specify):
.
My fees are $
0.00
Date:
Servers signature
Servers address
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