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Case 1:18-cv-00866-FJS-DJS Document 1 Filed 07/24/18 Page 1 of 21

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF NEW YORK

JOHNDRUE MABB,

Plaintiff, COMPLAINT

-against- 1:18-CV-0866 (FJS/DJS)


Index No.: ______________

JURY TRIAL DEMANDED

THE TOWN OF SAUGERTIES, CHIEF OF POLICE


JOSEPH SINAGRA, JAMES MULLEN, RYAN HAMPEL,
THE COUNTY OF ULSTER, THE COUNTY OF ULSTER
URGENT TASK FORCE BOARD OF DIRECTORS,
HOLLEY CARNRIGHT,SHERIFF PAUL VANBLARCUM,
DANIEL WAAGE, WILLIAM WEISHAUPT, JOHN DOES
and JANE DOES, whose identities are yet to be ascertained,
and who are members of the Town of Saugerties Police
Department as Officers and/or the Ulster County Urgent Task
Force,

Defendants.

Plaintiff, Johndrue Mabb, by and through his attorneys, Cooper Erving & Savage LLP,

complaining of Defendants, alleges as follows:

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

State of New York.

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

Constitution and federal law pursuant to 42 USC §1983.

3. This Court has supplemental jurisdiction over claims relating to the violation of

state law under the provisions of 28 USC §1367.

4. Venue is proper under 28 USC §1391(e)(2) because events giving rise to

Plaintiff’s claims occurred in this judicial district.

PARTIES

5. Plaintiff, JOHNDRUE MABB, is a citizen of the United States and currently

resides in Greene County, New York.

6. At all times relevant herein, Defendant TOWN OF SAUGERTIES is a municipal

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

arrests and the use of force.

7. At all times relevant herein, the TOWN OF SAUGERTIES POLICE

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

District Attorney’s Office.

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.

Defendant, Holley Carnright, is being sued in his individual capacity.

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.

Defendant, Paul VanBlarcum, is being sued in his individual capacity.

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

Waage, is being sued in his individual capacity.

16. Defendant, WILLIAM WEISHAUPT, was and is the Commander of the

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

unmarked dark gray Dodge Durango.

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

bumper on Plaintiff’s vehicle.

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

stop within inches of Plaintiff’s vehicle.

23. A reasonable person would have felt threatened by defendants’ conduct. Plaintiff

did not know defendants were police officers.

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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

his chest as if he was inviting Plaintiff for a fight.

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:

COLUMBIA DISPACTHER: 9-1-1. What’s the address of the emergency?

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

males exited the vehicle with their guns drawn.

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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

hand cuff him.

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

Mullen and Hampel handcuffed him in the front.

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)

a Class-A Misdemeanor 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 (“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

Hampel executed the charges under penalty of perjury.

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

charging Plaintiff with the crime of possession of a weapon stated as follows:

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

was found in the Plaintiff’s vehicle at the time of his arrest.

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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

crime of menacing stated as follows:

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

while following Plaintiff’s vehicle.

38. As a result of forcefully bending Plaintiff’s arms backwards, Plaintiff suffered

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

shoulders for as long as he lives.

39. As a result of the harassment, injuries and subsequently arrest, Plaintiff now

suffers from Posttraumatic Stress Disorder. Plaintiff is traumatized, suffering from depression

and anxiety, which have been exacerbated by the defendants’ conduct.

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.

43. Plaintiff’s situation represents the latest in a series of incidents of misconduct by

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

protecting the Constitutional and statutory rights of the Plaintiff.

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.

AS AND FOR A FIRST CAUSE OF ACTION


42 U.S.C. §1983 – Excessive Use of Force

48. Plaintiff incorporates by reference and realleges each and every allegation stated

in paragraph 1 through 47.

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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

the Plaintiff’s constitutional rights.

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.

52. As a result of the infliction of unjustified and excessive use of force by

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

pain and injury, as well as emotional distress.

53. Defendants Mullen and Hampel committed misconduct while acting under color

of law of the State of New York.

54. The misconduct of defendants violated plaintiff’s rights under the Amendments to

the United States Constitutions.

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AS AND FOR A SECOND CAUSE OF ACTION


42 U.S.C. §1983 – Failure to Intervene

55. Plaintiff incorporates by reference and realleges each and every allegation stated

in paragraph 1 through 54.

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.

59. Defendants’ misconduct was objectively unreasonable and was undertaken

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.

AS AND FOR A THIRD CAUSE OF ACTION


42 U.S.C. §1983 – Failure to Train, Supervise or Discipline

61. Plaintiff incorporates by reference and realleges each and every allegation stated

in paragraph 1 through 60.

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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

Department regarding arrests and the use of force.

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

behavior of said police officers.

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

and the use of force.

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

URGENT task force regarding arrests and the use of force.

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

condoned the aforementioned behavior of said police officers.

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

aforementioned behavior of said police officers.

69. Defendants Sinagra, Carnright, VanBlackrum, Waage, and Weishaupt failed to

implement a policy and practice to refresh in-the-field skills, continuing education and training in

the proper use of force by police personnel.

70. Defendants’ policy of inadequately training, supervising or disciplining the

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

indifference to the constitutional rights of the Plaintiff.

71. The Defendants’ practice of inadequately training, supervising or disciplining the

members of the Saugerties Police Department and/or Ulster County URGENT Task Force

amounted to a conscious disregard of the constitutional rights of the Plaintiff.

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.

73. Plaintiff’s constitutional injury results from the implementation or execution of a

government policy or custom.

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,

all as a direct result of the Defendants’ negligence.

75. The acts and omissions described herein were undertaken by the Defendants

while under the color of law.

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

U.S.C. §1983 and §1988.

AS AND FOR A FOURTH CAUSE OF ACTION


Assault and Battery

77. Plaintiff incorporates by reference and realleges each and every allegation stated

in paragraph 1 through 76.

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.

80. The aforementioned actions constitute an assault and battery.

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.

AS AND FOR A FIFTH CAUSE OF ACTION


Negligence and Gross Negligence

82. Plaintiff incorporates by reference and realleges each and every allegation stated

in paragraph 1 through 81.

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

set forth herein.

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

the Plaintiff contributing thereto.

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

bodily injuries and damages as set forth herein.

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.

AS AND FOR A SIXTH CAUSE OF ACTION


False Arrest, False Imprisonment and Unreasonable Search

88. Plaintiff incorporates by reference and realleges each and every allegation stated

in paragraph 1 through 87.

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.

91. The aforementioned acts/omissions of the Defendants constitute false

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

Fourteenth Amendments to the United States Constitution.

AS AND FOR A SEVENTH CAUSE OF ACTION


For Malicious Prosecution under 42 U.S.C. §1983

94. Plaintiff incorporates by reference and realleges each and every allegation stated

in paragraph 1 through 93.

95. On or about July 25, 2017, Plaintiff was falsely arrested and charged with the

offenses of criminal possession of a weapon and menacing.

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

numerous court proceedings in connection with said prosecution.

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

disposition of the charges.

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

malicious prosecution resulting in harm and injury to Plaintiff. Plaintiff is entitled to

compensation therefor.

99. The misconduct of defendants violated plaintiff’s rights under the Fourth and

Fourteenth Amendments to the United States Constitution.

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DEMAND FOR PUNITIVE DAMAGES

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

Saugerties or any other municipal entity.

WHEREFORE, Plaintiff respectfully requests that this Court grant judgment against the

Defendants and each of them jointly and severally as follows:

A. A judgment in favor of Plaintiff Johndrue Mabb against Defendants

Joseph Sinagra, James Mullen, Ryan Hampel, Holley Carnright, Paul Vanblarcum,

Daniel Waage, William Weishaupt, and other unidentified defendants for compensatory

damages and punitive damages in an amount to be determined by a jury of the Plaintiff’s

peers;

B. A judgment in favor of Plaintiff Johndrue Mabb against Defendants Town

of Saugerties and/or County of Ulster and for compensatory damages in an amount to be

determined by a jury of the Plaintiff’s 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.

DATED: Albany, New York Respectfully Submitted,


July 24, 2018
COOPER ERVING & SAVAGE LLP

By: /s/ Carlo A. C. de Oliveira


Carlo A. C. de Oliveira
Bar Roll No.: 516271

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Attorneys for Plaintiff


39 North Pearl Street, Fourth Floor
Albany, New York 12207
Telephone: (518) 449-3900
Facsimile: (518) 432-3111
E-mail: Cdeoliveira@coopererving.com

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