RX DatelTime

11/24/2010

15:15

.1'

ORIGINAL

P.002

DAVID PIERRE.

Plaintiff,

- against-

SUMMONS

THE CITY OF TROY, CITY OF TROY

POLICE DEPARTMeNT, OFFICERS CRAIG D. FABY, EVANGELISTA NEGRON. AND UNNAMED CITY OF TROY POLICE OFFICERS.

Defendants.

To the above - nomsd Defendants:

YOU ARE HEREBY SUMONED to answer the complaint in this cellon and io serve a copy of your answer, or, if the complaint is not served with this summons. to serve a notice of appearance, on the Plaintiff's attorney within (201 days alter the service of this summons, exclusive af the date of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of new York); in case jf your failure to oppeor or answer, judgment will be token against you by default for tnerellet demanded in the complaint

Doled: September \ ~2010.

Very Truly Yours,

Gerard V. Amedio, i:Sq.

the Law Offices of Gerard V. Amadio 18 Division Street, Suite 211A Saratoga Springs, NY 12866 (518)583-4123

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STATE Of NJ;;W YORt; "

FlieQ (or Rec:or-o 'in=~Reo!iselQeJ' tOlJlZii!:1 SUPREME COURT: COUNTY OF REN3&fbA6i~j\u' Se.,'Uu2"lO lO'5,A

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DAVID M. PIERRE.

A_ount, 210.00

, ~t'Cej.t ;, 6~1726

Plaintiff,

- against-

COMPLAINT Index No.:

, THE CITY OF TROY, CITY OF TROY

POLICE DEPARTMENT. OFFICERS CRAIG D. FABY. EVANGELISTA NEGRON, AND UNNAMED CITY OF TROY POLICE OFFICERS

Defendants.

Plaintiff. DAVID M. PIERRE. through his attorney. Gerard V. Arnedio, Esq .• complaining of the defendants herein, slales:

1. At ali times herein mentioned. the plaintiff. DAVID PIERRE was a resident of Averill Pork, Rensselaer County, Stale of New York.

2. At ali limes herein rnenfioned, defendants Craig D. Faby. Evangelista Negron and Unnamed City of Troy Police Officers were Police Officers employed by defendant City of Troy Police Deportment and the City of

Troy. New York. '

3. At all times herein mentioned. defendant The City at Troy was and is a Municipal Corporation duly organized and ellisting under the lows of the Stole of New York.

4. At ali times herein mentioned. the defendant The City of Troy ond the Troy Police Deportment maintained and was responsible for overseeing, supeNising and regulating ali conduct engaged In and undertaken by the officers of the City of Troy Police pecortment.

5. At all times herein mentioned, defendant The City of Troy and the Troy Police Deportment rnclntclnsd and was responsible for overseeing. supervising and regulating all conduct engaged in by the Troy police personnel while such personnel who were engaged in and not engaged in police business. including thai of defendi:mls Craig D. Faby, Evangelisto Negron and Unnamed Cityof Troy Police Officers were Police Officers

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fACTUAL ALLEGATIONS

6. That on or about the 26fh doy of June. 2009, at 2:28 om, on Second Ave., between 101 St.. and J 0251" in Ihe City of Troy. County of Rensselaer. Slate of New York. the Claimant was arrested. That the defendants used unnecessary one excessive force which caused claimant to suffer a fracture of the left orbital, laceration above Ihe lefl eye. blunt abdominal trauma. deviated septum. and blunt chest trauma.

7. As a result of the improper conduct engaged in by defendants Craig D.

Faby. Evangelista Negron and Unnamed City of Troy Police Officers were Pollee Officers, the claimanl wos caused 10 suHer severe emotional distress. shock and trauma, ond personal injury.

AS AND FOR A FIRST CAUSE OF ACTION

8. 'Plaintiff repeats and realfeges each and every paragraph set forth above os if fully set forth herein.

9. Defendants Craig D. raby. Evangelista Negron and Unnamed City of Troy Police Officers were Police Officers acts constituted on assault and battery upon plaintiff David Pierre in thai the bodily contact described was intentional and grossly offensive in notore. and that the plaintiff ot all times was placed in imminent fear of severe physical contact and injUry.

10. The actians of defendants. Craig D. Faby. Evangelista Negron and Unnamed City of Troy Police Officers were Police Officers and said actions were intentional. reckless. and unwarranted, and without any just cause or provocation. ond defendants Craig D. FabY. Evangelista NeQron and uonomed Cily of Troy Police Officers were Police Officers knew. or should have known. that their actions were without the consent of plaintiff David Pierre.

11. The injvries svstained by plaintiff David Pierre were coused whally and solely by reason of the conduct described, and plaintiff did not contribute thereto.

12.AS a result ot.tne octs of defendants Craig D. Faby. Evangelista Negron and Unnamed City of Troy Police Officers were Police Officers. plaintiff David Pierre suffered physical and mental pain and injury; sustained severe emotional injuries resulting from said dstendcnt's assault and battery; and has suffered and will continue 10 suffer a loss of enjoyment of life.

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13.As a result of defendants Craig D. Foby. Evangelista Negron and Unnorned City of Troy Police Officers were Police Officers assault and bollery upon plaintiff David Pierre, plaintiff has been damaged in an amount which exceeds the jurisdidionallimits of 011 lower courts.

AS AND FOR A THIRD CAUSE OF ACTION

14.Plainliff repeals Ihe allegalions conlained in paragraphs I through 13 of the complaint as if fully set forth herein.

IS. Defendants Craig D, Faby, Evangelista Negron and Unnamed City of Troy Police Officers were Ponce Officers acts represented extreme and outrageous conduct which intentionally or recklessly co used severe emotionol distress to plaintiff David Pierre. Further, the conduct described was so outrageous and atrocious os to be utterly intolerable in a civilized community.

16.As a result of defendants Craig D. Faby, Evangelista Negron and Unnamed City of Troy Police Officers were Police Officers ond their due to intenllonal infliction of emotional distress upon plaintiff, he has sustained severe emotional dlsiress, pain" and suffering and loss of enjoyment of life, all in an ornount which exceeds the jurlsdictionallimfts of all lower courts.

AS AND FOR A FOURTH CAUSE OF ACTION

17. Plaintiff repeats the allegations contained In paragraphs 1 through 16 of the complaint as if fully set forth herein.

18. Defendants Craig D. Faby, Evangelista Negron and Unnamed City of Troy POlice Officers were Police Officers conduct resulted in the negligent Inflielion of emotional distress Upon plaintiff. David Pierre.

19.1n assaulting and battering plaintiff David Pierre, defendants Craig D.

Faby; Evangelista Negron and Unnamed City of Troy Police Officers were Pollee Officers conduct resulted in a traumatic event which caused plaintiff David Pierre, to feor for his own safety.

20.As police officers, defendants Craig D. Faby, Evangelista Negron and Unnamed City of Troy Pollee Officers were Police Officers owed a dUly 10 plainliff David Pierre, to ael in occordonce with their role as ponce officers, and to act reasonably given the circumstances.

21. That defendants croig D. Faby, Evangelista Negron and Unnamed City of Troy Police Officers were Police Officers breached the aforementioned duty by negligenlly and carelessly causing plaintiff fa reasonably believe thot his physicol safety was In danger and negligently and carelessly caused plaintiff to fear for his own safety.

22.As a result of defendonts Craig D. Poby, EVangelista Negron and Unnamed City of Troy Police Officers were Police Officers negligent infliction of emotional distress upon plaintiff, plaintiff has been injured in an amount which exceeds the Jurisdictional limits of all lower courts.

AS AND FOR A FIFTH CAUSE OF ACTION

23. Plaintiff repeats the allegations contained in paragraphs 1 through 22 of the Comploin! as if fully set forih herein.

24.ln engaging in the conduct described, by assoulting and battering plaintiff David Pierre, defendants Craig D. Faby, Evongelista Negron and Unnamed City of Troy Police Officers were Police Officers deprived plaintiff of his civil rights pursuant to by ntle .42 lJ.~,C,A. § 1983.

25. Further, os police officers employed by defendant the City of Troy and the Troy Police Department. defendants Craig D. Faby, Evangelista Negron and Unnamed City of Troy Police Officers were Police Officers were octing under the color of State law.

26. That the aforementioned misuse of authority and power by defendants Craig D. Faby, Evangelista Negron and Unnamed City of Troy Police Officers as Police Officers was egregious and shocking to the conscience. As 0 direct result, plaintiff David Pierre was caused to undergo the humillafion and indignities resulting from being subjected to the physical con toct and unlawful confinement described, against his will; and wos coused and will continue to undergo and endure severe mental anguish, humiliation and economic hardship as 0 consequence thereot.

27.Such deprivations were in violation of. the rights secured to plaintiff David Pierre by the Fourth and Fourteenth Amendments of the United States Constitution and by TWe 42 U.S.C.A. § 1983.

28.As a result of defendants Craig D. Faby. EVangelista Negron and Unnamed City of Troy Police Officers were Police OHicers deprivation of plaintiff Woyne Viele's civil rights, plaintiff hos been damaged in an amount which exceeds the jurisdictional limits of all lower courts.

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29. That plointlf! demands costs and attorney's fees pursuaht to 52 U.S.C.A. § illMJ,.

AS AND fOIi A SIXTH CAUSe OF ACTION

30. Plaintiff repeats the allegations contained in paragraphs I through 29 of the complaint as if fully set forth herein.

31.Tl1al defendant Cily of Troy and the City ofTroy Police Department wos on actual and/or constructive notice of the propensity of defendants Craig D. Faby. Evangelista Negron and Unnamed City of Troy Police Officers were Pollee Otficers to abuse and misuse their power and authority as police offlcers employed by defendants City of Troy and the City of Troy Police Department.

32.Upon information and belief. defendants the City ofTroy and the City of Troy Police Department through its officers. employees or agents. were on notice of defendants Craig D. Faby. Evangelista Negron and Unnamed City of Troy Police Officers as Police Offt<;;ers propensity toward improper conduct and to misuse and abuse their power and authorily as police officers of the City of Troy through other Incidents involving defendants Craig D. Faby. Evangelista Negron and Unnamed City of Troy Police Officers of which plaintiff Is not currently aware.

33. That defendant City of Troy intentionally. knowingly end/or with reckless indifference did disregard end/or foiled to inVestigate the prior incidents Involving defendants Craig D. Faby, Evangelista Negron and Unnamed City of Troy Police Officers were Polfce Officers. or. in the alternative; did investigate such incidents but failed to take such action os was necessary, and therefore ocisd recklessly and wilh gross indifference and callous disregard in failing to remedy defendants, Croig D. robv. Evangelista Negron and Unnamed City of Troy Police Officers situations.

34;As a result of defendant City of Troy reckless indifference and gross negligence in disregarding and/or. toning to properly investigate the prior Incidents involving defendonls. Craig D. Foby. Evangelista Negron and Unnamed City of Troy Police Officers defendants were allowed 10 ossoort and botterv, falsely imprison and deprive plaintiff David Pierre of his civil rights.

35. Upon information and belief, defendant City of Troy and Troy PoliCe Deportment intentionally. knowingly or with deliberate indifference failed 10 properly train or supervise their police officers. thereby allOwing

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defendants Craig D. Faby, Evangelisla Negron and Unnamed City of Troy Police Otflcers to engoge in the improper conduct complained of.

36.As a result of defendant City of Troy and Troy Police Department's reckless indifference. callous disregard and/or fa~ure to properly investigate as described above, plalnfiff David Pierre has been damaged in on amount which exceeds the junsdictionollimits of ell lower courts.

AS AND FOR A SEVENTIf CAUSE OF ACTION

. 37. Plaintiff repeats the allegations contained in paragraphs J through 36 of the complaint as if fully set forth herein.

3B.Upon infornnation and belief, In allowing oefendonts Craig D; Foby, Evangelista Negron and Unnamed City of Troy Police Offtcers to continue their employment as a City of Troy Police Officers. subsequent to numerous prior incidents similar to the incident complained of. and after having been place on notice. either actual or constructive, of such prior similar incidents, defendants Craig' D. Faby. Evangelistci Negron and Unnamed City of Tray Police Officers misuse and abuse of their power and authQrity as police officers employed by defendant City of rrev,

39 .As a proximate result of defendanl City of Troy acts and/or omissIons set forth above, plaintiff David Pierre has sustained severe emotional injuries. pain and suffering and loss of enjoyment of life. and has been damaged in·lhe amount which exceeds the jurIsdIctional limits of all lower courts.

AS AND FOR AN EiGIffH CAUSE OF ACTION

40_Plaintiffs repeat the allegations contained in paragraphs I through 39 of the complaint as if fully set forth herein,

41.Upon information and belief. defendant City of Troy ond the Troy Police Deportment knew or should hove known thot the aforesaid failure to properly train or supervise and/or Ihe aforesaid failure to adopt proper policies, procedures or standards, and/or the tailure to properly investigate and reckless disregard or gross indifferenCe! would result in the deprivation of the rIghts secured to plaintiff David Pierre by 'he Fourth and Fourteenth Amendments to the United Stotes. Constitution and by virtue of 42 U.S.C.A. §1983.

42_ That as a result of defendant City of Troy ond Troy Police Depariment's failure to take remedial oetlon concerning prior abuses of police authority by defendants Craig D. Faby, Evangelista Negron and Unnamed City of

Troy Police Officers, and/or defendant City of Troy and the City of Troy Police Department's failure to properly investigate prior similar incidonts, and/or the reckless disregard or gross indifference by defendant City of Tray and Troy Police Deportment, the City of Troy had Q policy, practice or custom which encouraged or permitted ils police olficers to engage in such conduct. That defendant City of Troy and Troy Police Department Intentionally, knowingly. maliciously and/or recldessly permitted and/or allowed the continuation of such a policy, practice or custom.

43. Upon 'nformation and belief. as a direct and proximate result of such policies. practice or customs, defendant City of Troy intentionally, deliberately or with reckless Indifference deprived plaIntiff of his constifutronal and civil rights.

44. Plaintiff has suffered. presently suffers. and will suffer in the future severe and extreme emotional distress, loss of enjoyment of life, and damages associated with the depravation of his constitutional and civil rights.

45. That the aforesaid reckless indifference, callous disregard and/or gross neglect by defendant City of Iroy represents egregious conduct tnot is shocking to the conscience.

46.As 0 direct and proxlmcte result of defendant City of Troy's reckless indifference, callous disregard and/or gross neglect, plaintiff was caused to undergo severe humiliation and gross indignities resulting from the ossoul! and baHery and false imprisonment complained of. and was caused and will continue to undergo and endure severe mental anguish. humiliation, economic hardship and loss of enjoymenl of life as a consequence thereof. and has been damaged in' on amount which exceeds the jurisdictional limits of all lower courts.

47.That pursuant to the statutes In such cases made and provided. a Notice' of Claim was served upon each of the respondent, in duplicate. on September 16.2009. well within the '10 day time limit set forlh in Section 50- e of the General Municipal Low.

4B.Thot a hearing was held sines such service of the notices of Claim and payment thereof has been rejected or refused.

WHEREFORE. plaintiff requests the following relief:

Thai this Court grant finaljudgmenl against defendant, jointly and severally, for compensatory damages. punitive damages, costs and disbursements of this action log ether with reasonable ottorneys fees pursuant to by ~2 U.S.C.A.§ 1988, and such other and further relief as the Court deems just and proper.

:~Trul7A:

Ge1'6rd V. Amedio

The Law Offices of Gerord V. Amedio Attorney for the Plaintiff

18 Division st, Suite 211A

Saratoga Springs, NY 12866 [518)583-4123

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VERIFICATION

I, David Pierre, being more than eighteen yeats of age being dilly sworn and says that I am the Plaintiff herein and have read the afore going Summons and Complaint and J am familiar with the contents therein and so swear under penalties of peljury that the contents are true to the best of my knowledge, information, and belief

Dated: _j__J£, 2010

Sworn before me this /J" Dayof~,2010

Ne<ary Public

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DCJS·3205·2 (3/93 3198) 'FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW.

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1. NYSID'No. 2. OBTS No. New Vorl, State ) J. Case No. 4. Ref. No. tl
ARREST REPORT 64638-09
5. FBI No. Ii. Arrest No. 7. Agency B. Division I Precinct 4a.
114726 Trov Police Bureau
9. Name (Last, First, Middle) I 10. Alias I Nickname I Maiden Name (Last, First, Middle) 11. Phone Number
Pierre David M
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, Harrinuton. Mich ae ! 184 'Trov, NY 12180
~I ~:tv:~ile 145. Condition of Defendant at Arrest 46. Weapon(s) at Arrest 47. Co-defendants Arrest. No.
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Averill Park, NY

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!?3 84. Person Type

~jiiiitiE.

~~

:~~~--~----------------~r-----------------+---------------~--------~

VTL 11192

IVTI.. 11129

IVTI.. 11128

PL

205.30

Of = Other SP = Spouse

CH = Child PA = Parent

~:::;'i8::::;;;;B;;:i:::~'i2i}:;

se = School LA = Lawyer

PO = Parole Officer PR Probation Officer

VI = Victim WI=Witncss

RE = Relative CO .r-,

111

RP = Religious Person DR - Doctor

~i~~~~ +- ~ ~~ ~

CD = Co-Defendant AS = Associate

B5.

86. Arresting Officer's Signature

'Fa_bv. Craia D

92.

89. ID No. 94.
2
Page
9J. of
2
pages B7. ID No.

88. Supervisor's Signature

90. Arrest Made As A Result Of A SAFIS Latent Print Identification? 91.

173