Professional Documents
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JOHNDRUE MABB,
Plaintiff, COMPLAINT
Defendants.
Plaintiff, Johndrue Mabb, by and through his attorneys, Cooper Erving & Savage LLP,
PRELIMINARY STATEMENT
1. This action is brought in part pursuant to §§ 1983 and 1988 of Title 42 of the
United States Code and the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments of the
United States Constitution. This action is for money damages to redress the deprivation by
defendants of rights secured to the plaintiff by the Constitution and laws of the United States and
JURISDICTION
2. This Court has jurisdiction over this action under the provisions of 28 USC
§§1331, 1341, and 1343 because it is filed to obtain compensatory and punitive damages for the
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deprivation, under color of state law, of the rights of citizens of the United States secured by the
3. This Court has supplemental jurisdiction over claims relating to the violation of
PARTIES
corporation organized and existing through and by virtue of the laws of the State of New York
which maintains offices at 4 High Street, Saugerties, New York, is located in the Northern
District of New York, and at all times relevant hereto employed certain police officers named as
defendants in this action. The Town of Saugerties has established or delegated to defendant
Joseph Sinagra responsibility for establishing and implementing policies, practices, procedures,
and customs used by law enforcement officers employed by the Town of Saugerties regarding
DEPARTMENT is a department organized and existing under the laws of the State of New
York, and is located in the Town of Saugerties, County of Ulster and State of New York, and at
all times relevant hereto employed the police officers named as defendants in this action. The
Town of Saugerties Police Department is a duly formed and organized department of the Town
of Saugerties which is charged with the duty of being responsive to the needs of the community,
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preserving the rights of all who live, work and visit in the Town of Saugerties, maintaining a
feeling of safety and security through the prevention of crime, protection of persons and property
and maintenance of order, and of enforcing and following all laws, rules, regulations and
policies.
8. At all times relevant herein, Defendant JOSEPH SINAGRA, was and is, a duly
appointed Chief of Police for the Town of Saugerties Police Department. As Chief of Police,
Defendant Joseph Sinagra was and is responsible for the supervision, training and discipline of
the Defendants, Investigator Mullen, Investigator Hampel, John Does and Jane Does. As Chief
of Police, Defendant, Joseph Sinagra, was and is further responsible for making and/or
implementing policies and practices used by law enforcement officers employed by the Town of
Saugerties regarding arrest procedure and the lawful use of force. At all times relevant to this
Complaint, Defendant, Joseph Sinagra, acted under the color of law as Chief of Police for the
Town of Saugerties. Defendant, Joseph Sinagra, is being sued in his individual capacity.
9. At all times relevant herein, Defendant JAMES MULLEN, was and is, a duly
appointed Investigator and Police Officer employed by the Town of Saugerties with the Town of
Saugerties Police and is charged with carrying out his lawful duties and responsibilities in
accordance with law, as well as rules and policies of the Town of Saugerties Police Department.
Defendant Mullen is also a member of the Ulster County Drug and Gang Task Force (a/k/a
URGENT Task Force), with its principal place of business being 380 County Law Enforcement
Center, 380 Boulevard, Kingston, New York. Defendant, James Mullen, is being sued in his
individual capacity.
10. At all times relevant herein, Defendant RYAN HAMPEL, was and is, a duly
appointed Investigator and Police Officer employed by the Town of Saugerties with the Town of
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Saugerties Police and is charged with carrying out his lawful duties and responsibilities in
accordance with law, as well as the Town of Saugerties Police Department. Defendant Mullen is
also a member of the Ulster County Drug and Gang Task Force (a/k/a URGENT Task Force),
with its principal place of business being 380 County Law Enforcement Center, 380 Boulevard,
Kingston, New York. Defendant, Ryan Hampel, is being sued in his individual capacity.
11. The Ulster County Drug and Gang Task Force (a/k/a URGENT Task Force) is an
inter-agency task force organized and managed by the County of Ulster and the Ulster County
12. Defendants, OFFICERS JOHN DOE and JANE DOE, are fictitious names
intended to represent the names of any and all duly appointed police officers employed by the
Town of Saugerties with the Town of Saugerties Police Department and/or the Ulster County
Task Force, who have participated in the acts complained of in this Complaint and whose real
identities are as yet to be ascertained. Said Defendants are being sued in their individual
capacities.
13. Defendant, HOLLEY CARNRIGHT, was and is a Member of the URGENT Task
Force Board of Directors. As a Board Member, Defendant Holley Carnright, was and is further
responsible for making and/or implementing policies and practices used by law enforcement
officers employed by the URGENT Task Force regarding arrest procedure and the lawful use of
force. At all times relevant to this Complaint, Defendant, Holley Carnright, acted under the
color of law as a Board Member of Defendant Ulster County’s URGENT Task Force.
14. Defendant, PAUL VANBLARCUM, was and is a Member of the URGENT Task
Force Board of Directors. As a Board Member, Defendant, Paul VanBlarcum, was and is further
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responsible for making and/or implementing policies and practices used by law enforcement
officers employed by the URGENT Task Force regarding arrest procedure and the lawful use of
force. At all times relevant to this Complaint, Defendant, Paul VanBlarcum, acted under the
color of law as a Board Member of Defendant Ulster County’s URGENT Task Force.
15. Defendant, DANIEL WAAGE, was and is a Member of the URGENT Task Force
Board of Directors. As a Board Member, Defendant, Daniel Waage, was and is further
responsible for making and/or implementing policies and practices used by law enforcement
officers employed by the URGENT Task Force regarding arrest procedure and the lawful use of
force. At all times relevant to this Complaint, Defendant, Daniel Waage, acted under the color of
law as a Board Member of Defendant Ulster County’s URGENT Task Force. Defendant, Daniel
URGENT Task Force Board of Directors. As the Commanding Officer, Defendant, William
Weishaupt, was and is further responsible for making and/or implementing policies and practices
used by law enforcement officers employed by the URGENT Task Force regarding arrest
procedure and the lawful use of force. At all times relevant to this Complaint, Defendant,
William Weishaupt, acted under the color of law as a Board Member of Defendant Ulster
County’s URGENT Task Force. Defendant, William Weishaupt, is being sued in his individual
capacity.
17. During all times mentioned in this Complaint, the defendants were acting in
concert, and were to act under color of law, color of the Constitution, statutes, laws, charters,
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ordinances, rules, regulations, customs and usages of the State of New York and the Town of
Saugerties.
FACTUAL ALLEGATIONS
18. Plaintiff, Johndure Mabb, is a 59-year-old male and citizen of the United States.
19. During the early afternoon hours of July 25, 2017, while sitting in traffic at a red
light on Partition Street in the Town of Saugerties, New York, Plaintiff noticed a dark SUV come
up behind his vehicle. The SUV was occupied by two males, a driver and a passenger.
20. Upon information and belief, and at all times relevant herein, the driver of the
SUV was defendant Mullen and the passenger was defendant Hampel. Defendants Mullen and
Hampel were working undercover for the Ulster County URGENT task force and driving an
21. The SUV stopped about 6 inches from Plaintiff’s vehicle’s rear bumper. Finding
that the vehicle was too close to his rear bumper, Plaintiff moved his car forward about 3 feet
and then stopped. The SUV pulled up and, again, came within inches of touching the rear
22. Plaintiff thought that the driver was not paying attention, so he moved his vehicle
up again. After he stopped, he looked up on his rear view mirror and observed the two males
smiling at him while continuing to move the SUV within inches of Plaintiff’s vehicle. Plaintiff
continued to move his vehicle forward as traffic moved and the SUV continued to move up and
23. A reasonable person would have felt threatened by defendants’ conduct. Plaintiff
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24. Plaintiff looked back and motioned to the driver and passenger in the SUV to stop
harassing him. When traffic stopped, Plaintiff had to brake suddenly causing the SUV behind
him to also brake. Plaintiff’s sudden brake angered defendant Mullen and defendant Hampel.
Fearing for his safety, Plaintiff put up his windows and locked his doors. Plaintiff reached out
the back of his vehicle and moved a baseball bat to the passenger seat of his car. After observing
Plaintiff grabbing a baseball bat, defendant Hampel motioned both hands back and forth toward
25. Plaintiff became afraid for his safety and made a right turn onto 9W north while
the traffic light was yellow in an effort to drive away from the SUV. When Plaintiff looked
back, he observed the SUV blowing a red light, turning right on 9W north. The SUV slowed
down and was out of sight for a brief period of time, but suddenly the SUV caught up with
Plaintiff’s vehicle again, and this time, the visor on the passenger side went down and two lights
came on. There were also some lights in the grill of the SUV.
26. Still not knowing who the individuals in the SUV were and fearing for his safety,
Plaintiff did not pull over and immediately called 911 for help. In his 911 call, Plaintiff reported
the following:
MR. MABB: Yes. I’m riding on Route 9W and I have this - - I don’t know if
it’s a police officer, because I can’t tell, who’s on my back right now. He was
tailgating me and I moved up to get him off me and then he threatened me to
come do these things. And now he’s got his light on and I don’t know who he is.
I don’t know what he’s doing.
27. While speaking with the 911 dispatcher, Plaintiff stopped at a traffic light on 9W
when the SUV pulled over in front of his vehicle, blocking his passage on the road. The two
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28. While one passenger (defendant Hampel) in the SUV stood in front of Plaintiff’s
vehicle with his gun pointed at Plaintiff, the driver (defendant Mullen) walked toward the
driver’s side of Plaintiff’s vehicle pointing his gun to Plaintiff’s head. Plaintiff froze and kept
his left hand on the steering wheel while still holding his cell phone with his right hand.
Defendant Mullen opened Plaintiff’s car door, while holding the gun to his head. Defendant
Mullen then told the Plaintiff to “shut your fucking car off.”
29. Since Plaintiff did not move, defendant Mullen reached in and shut plaintiff’s car
off. Defendant Mullen then ordered Plaintiff to put his phone down, which plaintiff did so
slowly on his passenger seat without shutting off the phone. Plaintiff then slowly unbuckled his
seat belt. Plaintiff was afraid that any sudden move could result in him being shot. As soon as
he unbuckled his seat belt, defendant Mullen yanked him out of his vehicle from a seating
position to approximately six (6) inches off the ground, threw his body against Plaintiff’s car,
handcuffed his right hand and proceeded to force Plaintiff’s left arm backwards in an effort to
30. Due to his disability, Plaintiff told defendants that he was disabled and that he
could not move his arms backwards. Defendants continued to push Plaintiff’s left arm
backwards for approximately three (3) minutes, while Plaintiff continued to yell in pain that
defendants were hurting him. Defendants Mullen and Hampel ignored Plaintiff’s pleas and
began to mock Plaintiff by asking him if he had taken his medication. When Plaintiff told them
that he was not mentally disabled by physically disabled, defendant Mullen told him “I am
getting ready to knock you the fuck out” and defendant Hampel told him “I am getting ready to
tase bro.”
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31. After realizing that Plaintiff’s arms could not move backwards, defendants
32. Plaintiff sat in a patrol car for approximately twenty minutes before being
transported to the police station. At the police station, Plaintiff was handcuffed to a bench for
approximately two (2) hours. Plaintiff was booked and charged with the following offenses: (A)
section 265.01, sub. 1 of the Penal Law of the State of New York (“PL”), (B) a Class-B
Misdemeanor of Menacing in the third degree in violation of section 120.15 of the Penal Law of
the State of New York, (C) a Violation of driving across hazardous markings in violation of
section 1128(d) of the Vehicle and Traffic Laws of the State of New York (“VTL”), and (D) a
Violation for Failure to comply with a lawful order of police officer/flag person in violation of
section 1102 of the Vehicle and Traffic Laws of the State of New York. Defendant Ryan
33. On July 25, 2017, Mabb was arrested and charged with the crime of criminal
possession of a weapon in the fourth degree in violation of section 265.01, sub. 1 of the Penal
Law of the State of New York. The objective factual allegations in the misdemeanor information
The said defendant at the above listed date; time and place did
criminally possess a billy, To Wit: The said defendant while
located on State Route 9W, in the Town of Saugerties, County of
Ulster, State of New York, did possess a billy in the front seat of
his vehicle, NY registration GSV1550, all contrary to the
provisions in such case made and provided.
34. The factual allegations in the misdemeanor complaint are false, as defendants
Mullen, Hampel, John Doe and Jane Doe knew that Plaintiff did not possess a billy and no billy
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35. A baseball bat is not a billy, and possession of the former is not illegal.
36. The factual allegations in the misdemeanor information charging Plaintiff with the
That the said defendant did commit the offense of menacing in the
third degree by physical menace, he attempted to place another
person in fear of imminent serious physical injury or physical
injury, To Wit: JohnDrue P. Mabb did place the complainant and
Deputy James Mullen in fear of imminent serious physical injury
by displaying a bat and waiving it at your complainant while
traveling northbound on State Route 9W, in the town of Saugerties,
all contrary to the provisions of the statue (sic) in such case made
and provided.
37. The factual allegations in the misdemeanor complaint are false as defendants
Mullen and Hampel were never in imminent fear of serious physical injury or physical injury
injuries in and around his back, neck and shoulders, amongst other injuries. These injuries
cannot be surgically repaired and, as a result, Plaintiff will have to live with pain in his neck and
39. As a result of the harassment, injuries and subsequently arrest, Plaintiff now
suffers from Posttraumatic Stress Disorder. Plaintiff is traumatized, suffering from depression
40. All the injuries sustained by Plaintiff were a result of the Defendants’ unlawful,
and unnecessary excessive force used on the Plaintiff in making an unlawful and unwarranted
arrest.
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41. The actions of Defendants were intended to inflict unnecessary and wanton pain
and suffering and amounted to the intentional infliction of unlawful punishment and force upon
the Plaintiff.
42. As the direct result of the misconduct of said Defendants, the Plaintiff sustained
serious injuries, bruising, and pain and suffering in and around his back, neck and shoulders.
the Saugerties Police Department, including excessive use of force when conducting arrests.
44. Defendants Sinagra, Mullen, Hampel, John Doe and Jane Doe acted according to
their power to act as public servants for the Town of Saugerties and the State of New York.
45. At all times relevant to this Complaint, the Defendants were acting under color of
state law, that is, under the color of the statutes, laws, charter, ordinances, rules, regulations,
customs and usages of the Town of Saugerties, County of Ulster, and the State of New York.
46. Defendants should have known that their actions violated clearly established law
47. As a result of the misconduct of the Defendants herein, Plaintiff served upon said
Defendants, a Notice of Claim on or about September 21, 2017, and a N.Y. Gen. Mun. Law §50-
h Hearing was conducted on December 18, 2017. To date, the Claim has not been paid, adjusted
or compromised.
48. Plaintiff incorporates by reference and realleges each and every allegation stated
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49. The misconduct of Defendants Mullen and Hampel was excessive and objectively
unreasonable and was undertaken intentionally with willful indifference to the Plaintiff’s
constitutional rights.
50. The misconduct of Defendants Mullen and Hampel amounted to excessive force
and punishment, by the infliction of unnecessary and wanton pain and suffering, in violation of
51. Furthermore, the misconduct of Defendants Mullen and Hampel was undertaken
pursuant to the policy and practice of the Saugerties Police Department in that, as a matter of
both policy and practice, the Saugerties Police Department directly encourages and or ratifies,
and is thereby the moving force behind, the very type of misconduct at issue here by failing to
adequately train, supervise, or control its officers regarding the use of force and by failing to
adequately punish and discipline prior instances of similar misconduct, thus directly encouraging
future abuses such as those inflicted upon the Plaintiff, such that its failure to do so manifests
deliberate indifference.
Defendants Mullen and Hampel and the Town of Saugerties Police Department’s policy and
practice, the Plaintiff has suffered unnecessary wanton pain and suffering and continued to suffer
53. Defendants Mullen and Hampel committed misconduct while acting under color
54. The misconduct of defendants violated plaintiff’s rights under the Amendments to
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55. Plaintiff incorporates by reference and realleges each and every allegation stated
56. That, one or more of the Defendants Mullen, Hampel, John Doe and Jane Doe had
a reasonable opportunity to prevent other Defendants and/or each other from using excessive
force and inflicting unnecessary and wanton pain and suffering upon the Plaintiff but failed to do
so.
57. As a result of the failure of Defendants Mullen, Hampel, John Doe and Jane Doe
to intervene, the Plaintiff suffered unnecessary and wanton pain and injury, as well as emotional
distress.
58. The misconduct by the Defendants Mullen, Hampel, John Doe and Jane Doe
described was undertaken pursuant to the policy and practice of the Town of Saugerties Police
Department.
intentionally with malice, willfulness, and reckless indifference to the rights of others.
60. The misconduct of Defendants Mullen, Hampel, John Doe and Jane Doe occurred
while they were acting under the color of the law of the State of New York. The misconduct of
defendants violated plaintiff’s rights under the Eighth Amendment to the United States
Constitution.
61. Plaintiff incorporates by reference and realleges each and every allegation stated
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62. As Police Chief, Defendants Joseph Sinagra, was responsible for the training,
supervision and discipline of the Defendants Mullen, Hampel, John Doe and Jane Doe and was
further, responsible for making and/or implementing policies and practices used by law
enforcement officers employed by the Town of Saugerties and the Town of Saugerties Police
63. The Town of Saugerties and its Chief of Police, Joseph Sinagra have done nothing
to investigate the excessive use of force and unjustified arrest of the Plaintiff or others by
Defendants Mullen, Hampel, John Doe and Jane Doe, and condoned the aforementioned
64. The Town of Saugerties and its officers, agents, employees and representatives,
including the Chief of Police, Joseph Sinagra, have done nothing to discipline said police officers
for this and prior misconduct and have therefore, condoned the aforementioned behavior of said
police officers.
65. Ulster County, the Ulster County URGENT Task Force and its Board Member,
Defendants Holley Carnright, Paul Blackrum, and Daniel Waage were responsible for the
training, supervision and discipline of Defendants Mullen, Hampel, John Doe and Jane Doe and
were further responsible for making and/or implementing policies and practices used by law
enforcement officers working for the County of Ulster URGENT Task Force regarding arrests
66. As Commander of the Ulster County URGENT Task Force, Defendant William
Weishaupt was responsible for the training, supervision and discipline of the Defendants Mullen,
Hampel, John Doe and Jane Doe and was further responsible for making and/or implementing
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policies and practices used by law enforcement officers working for the County of Ulster
67. The County of Ulster, Ulster County URGENT Task Force, its Board of
Directors, Holley Carnright, Paul VanBlarcum and Daniel Waage, and its Commander, William
Weaishaup have done nothing to investigate or remedy the excessive use of force and unjustified
arrest of the Plaintiff or others by Defendants Mullen, Hampel, John Doe and Jane Doe, and
68. The County of Ulster, Ulster County URGENT Task Force, its Board of
Directors, Holley Carnright, Paul VanBlarcum and Daniel Waage, and its Commander, William
Weaishaup have done nothing to discipline said police officers and have therefore, condoned the
implement a policy and practice to refresh in-the-field skills, continuing education and training in
members of the Saugerties Police Department and/or the Ulster County URGENT Task Force,
specifically Defendants Mullen, Hampel, John Doe and Jane Doe, amounted to deliberate
members of the Saugerties Police Department and/or Ulster County URGENT Task Force
72. The Defendants Town of Saugerties, County of Ulster and its URGENT Task
Force ratified the Defendants Mullen, Hampel, John Doe and Jane Doe’s decisions, as they knew
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to a moral certainty that their police officers/members would confront the particular, routine and
recurring situation herein described, as there is a municipal history of this type of misconduct,
and they knew incorrect action by police officers/members has and would result in a
constitutional violation.
74. As a direct and proximate result of the acts and omissions of the Defendants
herein, the Plaintiff has sustained serious physical injuries and continue to suffer from the same,
75. The acts and omissions described herein were undertaken by the Defendants
76. Defendants violated the rights to which plaintiff is entitled by the provisions of
the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution and by Title 42
77. Plaintiff incorporates by reference and realleges each and every allegation stated
78. The actions of the Defendants Mullen, Hampel, John Doe and Jane Doe placed
the Plaintiff in immediate apprehension of imminent harmful or offensive contact and/or death.
At no time did Plaintiff consent to such contact, and at no time was said contact privileged.
79. The Defendants Mullen, Hampel, John Doe and Jane Doe did with knowledge and
aforethought unlawfully, intentionally and recklessly touch and batter the Plaintiff with
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knowledge that said touching and battering was without lawful consent of the Plaintiff or
privilege.
81. As a direct and proximate result of the Defendants’ illegal and unconstitutional
acts and/or omissions, the Plaintiff suffered damages, including but not limited to: serious
physical injury, physical pain and suffering, psychological pain and suffering, mental anguish
and fear.
82. Plaintiff incorporates by reference and realleges each and every allegation stated
83. The aforementioned acts and/or omissions by the Defendants Mullen, Hampel,
John Doe and Jane Doe were caused, in whole or part, by the negligence and/or recklessness of
the Town of Saugerties Police Department and/or the Town of Saugerties, and/or Chief of Police
Joseph Sinagra, without any negligence on the part of the Plaintiff contributing thereto.
84. That the Defendants owed a duty of care to the Plaintiffs and subsequently
breached that duty, and as a direct and proximate result of the Town of Saugerties Police
Department and/or the Town of Saugerties, and/or Chief of Police Joseph Sinagra’s negligence
and/or recklessness, the Plaintiff have suffered serious personal bodily injuries and damages as
85. The aforementioned acts and/or omissions by the Defendants Mullen, Hampel,
John Doe and Jane Doe were caused, in whole or part, by the negligence and/or recklessness of
the Ulster County URGENT task force, and/or the County of Ulster, and/or members of the
URGENT task force board of directors including, Holley Carnright, Paul VanBlacrum, Daniel
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Waage, and Task Force Commander, William Weishaupt, without any negligence on the part of
86. That the Defendants owed a duty of care to the Plaintiffs and subsequently
breached that duty, and as a direct and proximate result of the Ulster County URGENT task
force, and/or the County of Ulster, and/or members of the URGENT task force board of directors
including, Holley Carnright, Paul VanBlacrum, Daniel Waage, and Task Force Commander,
William Weishaupt’s negligence and/or recklessness, the Plaintiff have suffered serious personal
87. As a direct and proximate result of the Defendants illegal and unconstitutional
acts and/or omissions, the Plaintiff suffered damages, serious physical injury, bruising, physical
pain and suffering, psychological pain and suffering, mental anguish and fear.
88. Plaintiff incorporates by reference and realleges each and every allegation stated
89. The Defendants Mullen, Hampel, John Doe and Jane Doe, restrained the Plaintiff
of his personal liberty against his will by their actions without probable cause and without a
warrant.
90. Further, the Defendants Mullen, Hampel, John Doe and Jane Doe, arrested,
detained and transported the Plaintiff against his will by their actions without probable cause and
without a warrant.
imprisonment.
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92. As a direct and proximate result of the Defendants illegal and unconstitutional
acts and/or omissions, the Plaintiff suffered damages, serious physical injury, bruising, physical
pain and suffering, psychological pain and suffering, mental anguish and fear.
93. The misconduct of defendants violated plaintiff’s rights under the Fourth and
94. Plaintiff incorporates by reference and realleges each and every allegation stated
95. On or about July 25, 2017, Plaintiff was falsely arrested and charged with the
96. The prosecution of the Plaintiff for these offences was without probable cause and
unlawfully infringed on his liberty interests inasmuch as, inter alia, he was required to attend
97. On or about June 27, 2018, all criminal charges were withdrawn by the People
and dismissed by the Saugerties Town Court, and therefore Plaintiff received a favorable
98. Defendants as set forth above did deliberately and/or recklessly deprive the
Plaintiff of his right to be free of unlawful seizure and prosecution and did subject Plaintiff to
compensation therefor.
99. The misconduct of defendants violated plaintiff’s rights under the Fourth and
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100. The actions of the individual Defendants described herein were extreme and
outrageous, and shock the conscience of a reasonable person. Consequently, and award of
punitive damages is appropriate to punish these Defendants for their cruel and uncivilized
conduct. The Plaintiff does not seek and award of punitive damages against the Town of
WHEREFORE, Plaintiff respectfully requests that this Court grant judgment against the
Joseph Sinagra, James Mullen, Ryan Hampel, Holley Carnright, Paul Vanblarcum,
Daniel Waage, William Weishaupt, and other unidentified defendants for compensatory
peers;
C. A monetary award for attorney’s fees and the costs of this action pursuant
to 42 U.S.C. §1988;
D. Any other relief that this Court finds to be just, proper and equitable.
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