Preview
FILED: MONROE COUNTY CLERK 03/15/2022 10:16 AM INDEX NO. E2021008190
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/15/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3016813
Book Page CIVIL
Return To: No. Pages: 56
County of Monroe Department of Law
39 W. Main Street Instrument: EXHIBIT(S)
Rochester, NY 14614
Control #: 202203150297
Index #: E2021008190
Date: 03/15/2022
ADAMIDES, KATHERINE Time: 10:16:56 AM
ADAMS, TYRUS ASA
ALLMAN, JOE
BEADLE, ALAN
BRALEY, KENNETH
The City of Rochester
Baxter, Todd
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
202203150297 Index #
INDEX : E2021008190
NO. E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2830579
Book Page CIVIL
Return To: No. Pages: 55
ELLIOT DOLBY-SHIELDS
192 Lexington A enue, Suite 802 Instrument: EFILING INDEX NUMBER
New York, NY 10016
Control #: 202109020947
Index #: E2021008190
Date: 09 02 2021
ADAMIDES, KATHERINE Time: 3:10:20 PM
ADAMS, TYRUS ASA
ALLMAN, JOE
BEADLE, ALAN
BRALEY, KENNETH
The City of Rochester
Baxter, Todd
State Fee Index Num er $165.00
County Fee Index Num er $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: CW
Management
Total Fees Paid: $210.00
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 55
index
CI 2gINDEX #:E2021008190
NO. E2021008190 90
202203150297
FILED: MONROE COUNTY CLERK 03/15/2022
07762/202f 10:16 53 AM
| >NROE COUNTY CLERK '(M2 : PM|
NYSCEF DOC.
NYSCEF DOC. NO.NO. 110 RECEIVED NYSCEF: 09/02/2021
RECEIVED NYSCEF: 03/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
KATHERINE ADAMIDES, TYRUS ASA ADAMS, JOE
ALLMAN, ALAN BEADLE, KENNETH BRALEY,
JEREMY DOBNER, MATTHEW GOULD, BRIAN
GRAVELLE, ARSENIY GUTNIK, DAMIAN
"ELLE"
SUMMONS
HAMMOND, LOUIS HERMAN, JORDAN
HUGHES, KWANN MOORE, HENRY O'BRIEN, Index No.:
PAMELA OWENS, RASHIDA PRICE, ZACHARY
ROBERTS, CORY ROBINSON, CRESCENZO
The basis of venue is:
SCIPIONE, MICHAEL SPORTIELLO, JAMES STAIR" Location of the incident
DAVE SUTLIFF-ATIAS, RHYS WHITMORE,
Plaintiff designates Monroe
Plaintiffs,
as the place of trial.
County
-against-
THE CITY OF ROCHESTER, a municipal entity, "JOHN
1-200"
DOE POLICE OFFICERS (names and number of
whom are unknown at present), TODD BAXTER,
1-200"
"RICHARD ROE SHERIFF'S DEPUTIES (names
and number of whom are unknown at present), and other
unidentified members of the Rochester Police Department
and Monroe County Sheriff's Office,
Defendants.
To the above named Defendants:
You an hereby summoned to answer the complaint in this action, and to 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 attorneys within twenty days after the service of this summons, exclusive of the day
of service, where service is made by delivery upon you personally within the state, or, within 30
days after completion of service where service is made in any other manner. In case of your failure
to appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint
DATED: New York, New York
September 2, 2021
Yours etc.,
ROTH & R , LLP.
ELLIOT SHIELDS, ESQ.
Attorney for Plaintiff
192 Lexington Ave, Suite 802
2 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
New York, New York 10016
(212) 245-1020
EASTON THOMPSON
KASPEREK SHIFFRIN LLP
Donald Thompson
16 West Main Street, Suite 243
Rochester, New York 14614
Ph: (585) 423-8290
TO:
CITY OF ROCHESTER
CORPORATION COUNSEL
30 Church Street
Rochester, New York 14614
COUNTY OF MONROE
Monroe County Law Department
307 County Office Building
39 W. Main St.
Rochester, NY 14614
3 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
KATIE ADAMIDES, TYRUS ASA ADAMS, JOE
ALLMAN, ALAN BEADLE, KENNETH BRALEY,
JEREMY DOBNER, MATTHEW GOULD, BRIAN
GRAVELLE, ARSENIY GUTNIK, DAMIAN INDEX NO.:
HAMMOND, LOUIS “ELLE” HERMAN, JORDAN
HUGHES, KWANN MOORE, HENRY O’BRIEN, VERIFIED COMPLAINT
PAMELA OWENS, RASHIDA PRICE, ZACHARY [JURY TRIAL DEMANDED]
ROBERTS, CORY ROBINSON, CRESCENZO
SCIPIONE, MICHAEL SPORTIELLO, JAMES STAIR,
DAVE SUTLIFF-ATIAS, RHYS WHITMORE,
Plaintiffs,
-against-
THE CITY OF ROCHESTER, a municipal entity, “JOHN
DOE POLICE OFFICERS 1-200” (names and number of
whom are unknown at present), TODD BAXTER,
“RICHARD ROE SHERIFF’S DEPUTIES 1-200” (names
and number of whom are unknown at present), and other
unidentified members of the Rochester Police Department
and Monroe County Sheriff’s Office,
Defendants.
Plaintiffs, by their attorneys, ROTH & ROTH, LLP and EASTON THOMPSON
KASPAREK SHIFFRIN LLP, complaining of the defendants, respectfully allege as follows:
I. PRELIMINARY STATEMENT
1. This is a civil rights action against the City of Rochester (“CITY”) based on and
arising out of the wrongful acts and omissions of the Rochester Police Department (“Police
Department” and “RPD”) and certain of the employees and agents of the RPD, and TODD
BAXTER, the Monroe County Sheriff, based on and arising out of the wrongful acts and
omissions of the Monroe County Sheriff’s Deputies, and against named individual employees
and agents of the CITY and BAXTER, in which the Plaintiffs seek relief for the violation of
their rights secured under the laws and Constitution of the United States and State of New York.
4 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
2. The Plaintiffs seek compensatory and punitive damages and such other and
further relief as this Court deems just and proper for injuries resulting from Defendants’ violent
and unjustified use of force against them at various other racial justice protests in Rochester after
September 2, 2020, when the video of RPD officers killing Daniel Prude was released.
3. This lawsuit seeks to hold the defendant CITY liable for its negligence and for the
misconduct of its employees and agents under the doctrine of respondeat superior; it seeks to
hold Sheriff BAXTER liable for his negligence; and it also seeks to hold the John Doe Police
Officers and Richard Roe Sheriff’s Deputies liable for their misconduct.
II. PARTIES
4. Plaintiffs KATIE ADAMIDES, TYRUS ASA ADAMS, JOE ALLMAN, ALAN
BEADLE, KENNETH BRALEY, JEREMY DOBNER, MATTHEW GOULD, BRIAN
GRAVELLE, ARSENIY GUTNIK, DAMIAN HAMMOND, LOUIS “ELLE” HERMAN,
JORDAN HUGHES, DARIEN LAMEN, KWANN MOORE, HENRY O’BRIEN, PAMELA
OWENS, RASHIDA PRICE, ZACHARY ROBERTS, CORY ROBINSON, CRESCENZO
SCIPIONE, MICHAEL SPORTIELLO, JAMES STAIR, DAVE SUTLIFF-ATIAS, RHYS
WHITMORE, are citizens of the United States and residents of the State of New York.
5. Defendant CITY OF ROCHESTER (“CITY”) is a municipal entity created and
authorized under the laws of the State of New York. It is authorized by law to maintain a police
department, which acts as its agent in the area of law enforcement and for which it is ultimately
responsible. Defendant CITY assumes the risks incidental to the maintenance of a police force
and the employment of police officers as said risks attach to the public consumers of the services
provided by the RPD.
6. Defendant CITY OF ROCHESTER (“CITY”) was and is a municipal corporation
duly organized and existing under and by virtue of the laws of the State of New York.
5 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
Defendant CITY maintains the City of Rochester Police Department, a duly authorized police
department, authorized to perform all functions of a police department. RPD acts as Defendant
CITY’s agent and Defendant CITY assumes the risks incidental to the maintenance of a police
department and the employment of police officers.
7. “JOHN DOE” ROCHESTER POLICE DEPARTMENT OFFICERS 1–200 (the
names and numbers of which are currently unknown), were, at all times relevant to this
Complaint, Police Officers with the RPD. At all relevant times, these defendants were acting
within the scope of their employment with the CITY and RPD and under color of state law. They
are sued in their individual capacities. The John Doe RPD Officers are referred to collectively as
“the RPD officers.”
8. Defendant TODD BAXTER (“Sheriff Baxter” or “BAXTER”) was, at all times
relevant herein, the duly elected Sheriff of the County of Monroe. At all relevant times,
Defendant BAXTER was acting within the scope of his employment and under color of state
law. He is sued in his individual and official capacity.
9. “RICHARD ROE” MONROE COUNTY SHERIFF’S DEPUTIES 1–200 (the
names and numbers of which are currently unknown), were, at all times relevant to this
Complaint, Deputy Sheriffs with the Monroe County Sheriff’s Office (“MCSO”). At all relevant
times, these defendants were acting within the scope of their employment with the County and
under Sheriff BAXTER and acting under color of state law. They are sued in their individual
capacities. They are referred to collectively as “the Sheriff’s Deputies.”
10. BAXTER is responsible for the training, supervision and discipline of the
Defendant Sheriff’s Deputies under state law.
6 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
III. JURISDICTION
11. This action falls within one or more of the exceptions as set forth in CPLR
Section 1602, involving intentional actions, as well as the defendant, and/or defendants, having
acted in reckless disregard for the safety of others, as well as having performed intentional acts.
12. Plaintiffs sustained damages in an amount in excess of the jurisdictional limits of
all the lower Courts of the State of New York.
13. Plaintiffs filed timely Notices of Claim against the City and County, in
compliance with the Municipal Law § 50.
14. The CITY and the COUNTY waived 50-h hearings for each Plaintiff, other than
HERMAN, who sat for a 50h hearing with the CITY on June 9, 2021.
15. More than thirty (30) days have elapsed since service of said Notices of Claim
were filed and the City and County have failed to pay or adjust the claim.
16. This action is being brought within a year of the events that gives rise to
Plaintiffs’ causes of action under New York State law and Plaintiffs have complied with all of
the statutory prerequisites for bringing this action.
IV. STATEMENT OF FACTS
A. Allegations Common to All Causes of Action and Plaintiffs
17. On May 25, 2020, Minneapolis police officer Derek Chauvin murdered George
Floyd, who was handcuffed and lying face down on the ground, by suffocating him to death in
broad daylight on the street.
18. Floyd’s murder and the police murder of Breonna Taylor in Louisville, Kentucky,
in addition to police murders of other Black people in the United States sparked the largest
7 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
movement for social and racial justice in history and has included peaceful protests around the
world against anti-Black police violence, systemic racism, and inequality.
19. Months before George Floyd’s murder, on March 23, 2020, Daniel Prude’s family
sought help from the RPD as Daniel was suffering an acute mental health crisis. Tragically, that
call for help ended with Daniel naked and handcuffed with his face covered by a “spit hood,” as
an RPD officer pushed his head into the freezing asphalt for several minutes. RPD officers on the
scene mocked Daniel and chatted with each other while he asphyxiated. Daniel was declared
brain dead that night; he was taken off life support and died on March 30.
20. When the video of RPD Officers killing Daniel Prude was finally made public on
September 2, 2020, it sparked nationwide outrage. In Rochester, thousands of people gathered to
mourn the loss of Black lives, demand the CITY finally end its racist and brutal policing
practices, and call for new visions of public safety that value Black lives.
21. Protesters have gathered outside the PSB and in downtown Rochester, chanted,
and held signs. Some of the protesters’ chants and signs were specific to Daniel Prude; others
decried the pattern of racialized, violent policing in Rochester, of which Mr. Prude’s killing was
the latest, most egregious example.
22. The largest of these protests took place between September 2 and September 6,
2020. The RPD and MCSO responded to these protests with extreme and unnecessary force—
including the indiscriminate use of tear gas and pepper spray, 40 millimeter blunt-impact
projectiles, thousands of pepper balls, flash-bang grenades and other supposedly “less-than-
lethal” munitions.
23. Although termed “nonlethal” or “less-than-lethal” force, military-grade crowd
control devices like those used by the RPD involve serious risks of injury, and even death.
8 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
Chemical irritants (“CIs”), like tear gas and pepper spray, are banned in warfare because they are
indiscriminate weapons by design, especially when deployed by firing a grenade or canister. CIs
can cause severe injury or death, and, even at low concentrations, exposure to tear gas presents a
risk of serious, irreversible health effects.
24. Over the course of three nights, from September 3 to September 5, 2020, RPD
officers fired tear gas canisters 77 times into groups of protesters expressly gathered to support
Black lives, at journalists and legal observers attempting to report on and record the abuse, and at
medics there to provide care and safety to the protesters—often when people had no escape route
to get away from the chemical clouds. The tear gas canisters are themselves projectile weapons;
direct impact can cause significant blunt trauma, including bone fractures, lacerations and
internal bleeding, and death.
25. Over those three nights, RPD officers also discharged 6,100 pepper balls at people
who had gathered to protest the Department’s aggressive and racist policing. In fact, one RPD
officer on the night of September 4, 2020, fired 148 pepper balls in the span of just twenty
minutes, at a group of people who were penned in or “kettled” by police on the Court Street
Bridge in downtown Rochester.
26. RPD officers also shot protesters with 40mm direct-impact foam bullets—known
as kinetic impact projectiles (“KIPS”)—which can cause a range of injuries including death.
KIPs are inherently inaccurate when fired from afar and so they often injure bystanders and
strike vulnerable body parts of intended targets and bystanders. RPD officers fired Def Tec and
CTS 40 mm munitions during the protests. The CTS website cautions that shots to the head,
neck, thorax, heart, or spine can result in fatal or serious injury. Use of force reports by RPD
9 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
officers detail deploying 40mm munitions at individuals’ abdomens at the September 5
demonstration.
27. Other indiscriminate, military-grade weapons employed by the RPD and law
enforcement included flash bang grenades and a Long Range Acoustic Device (“LRAD”), which
is both a sound system and a sonic weapon that can cause permanent hearing damage.
28. On information and belief, Sheriff’s Deputies also deployed “less lethal” and/or
military-grade weapons against peaceful protesters.
29. On information and belief, BAXTER did not provide any training to the Sheriff’s
Deputies on how to safely use these “less lethal” and/or military-grade weapons against peaceful
protesters; and or the training provided was inadequate.
30. Beyond these militarized weapons, RPD officers and Sheriff’s Deputies also
struck countless peaceful protesters including the Plaintiffs with batons.
31. As part of the City and RPD’s coordinated strategy, the CITY and the RPD asked
the Monroe County Sheriff, TODD BAXTER, to send the Defendant Sheriff’s Deputies to
Rochester to police the protests.
32. The CITY and the RPD requested that BAXTER send Sheriff’s Deputies to create
an intimidating law enforcement response that was militarized.
33. Along with the RPD, BAXTER sent Sheriff’s Deputies and contributed personnel
and resources to create a massive police presence to confront those assembled in peaceful protest
to call the RPD to account for its widespread use of violence against people of color.
34. The multi-agency response was managed under a unified command system
between the CITY and the RPD; the MCSO and BAXTER; and the State Police.
10 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
35. Upon information and belief, former RPD Chief La’Ron Singletary oversaw the
unified command system for the CITY and RPD.
36. Upon information and belief, Defendant BAXTER oversaw the unified command
system for the County and MCSO.
37. Upon information and belief, on the nights of the protests detailed herein,
Singletary was present in the RPD’s Command Post and was overseeing and directing RPD
officers and other law enforcement officers’ response to the protesters, including the use of
specific tactics and weapons.
38. Upon information and belief, on the nights of the protests detailed herein,
Defendants BAXTER and other commanding officers of the MCSO and County were present in
the MCSO Command Post and were overseeing and directing Sheriff’s Deputies’ response to the
protesters and coordinating with Singletary and other RPD officials about the response to
protesters, including the use of specific tactics and weapons.
39. Peaceful protests continued in the months after these initial nights.
40. As a result of the violent response of the RPD officers and Deputy Sheriffs, under
the direction and control of the CITY and BAXTER, the Plaintiffs were injured and harmed, and
their rights to free expression under the New York State Constitution were suppressed.
Wednesday, September 2, 2020
41. On September 2, 2020, Daniel Prude’s family held a press conference with Free
the People ROC (“FTP ROC”) where they announced the release of body worn camera video
showing RPD officers Mark Vaughn, Francisco Santiago, and Troy Taladay using wholly
unlawful—and patently unnecessary—physical force against Daniel Prude during a “mental
health” arrest nearly six months prior on March 23, 2020. The footage showed several other RPD
11 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
officers laughing with each other and ridiculing Mr. Prude rather than intervening to stop the
illegal use of force.
42. At the press conference Joe Prude—Daniel Prude’s brother—and FTP ROC
revealed that the City and RPD had suppressed the body worn camera video to cover up the
RPD’s responsibility for Mr. Prude’s death.
43. In response, Mayor Lovely Warren and RPD Chief La’Ron Singletary held a
press conference at the PSB.
44. The RPD refused to allow Mr. Prude’s family or members of FTP ROC to attend
the press conference at the PSB. When members of FTP ROC attempted to gain entry, RPD
officers violently arrested them and others inside of the PSB.
45. Outside of the PSB, RPD officers and Sheriff’s deputies erected barriers in front
of the PSB, and closed Exchange Boulevard in the vicinity of the PSB to vehicular traffic.
46. As a peaceful demonstration took place, RPD officers and Sheriff’s Deputies
pepper sprayed protesters and indiscriminately shot pepper balls into the crowd.
47. Officers also targeted and shot at journalists, legal observers, and people who
were recording officers.
Thursday, September 3 to Friday, September 4, 2020
48. On September 3, 2020, a group of peaceful protesters, assembled in front of the
PSB. Again, RPD Officers and Sheriff’s Deputies closed Exchange Blvd. in the vicinity of the
PSB to vehicular traffic. Again, RPD officers and Sheriff’s Deputies pepper sprayed protesters
and intentionally shot them with pepper balls. Officers also targeted and shot at journalists, legal
observers, and people who were recording officers. RPD Officers and Sheriff’s Deputies also
indiscriminately shot pepper balls into the crowd, without cause or legal justification.
12 of 55
202109020947
202203150297 09/02/2021 03:10:20 PM CIVIL
202109020947
IndexNO.
INDEX #: E2021008190
E2021008190
FILED: MONROE COUNTY CLERK 09/02/2021
03/15/2022 02:53
10:16 PM
AM
NYSCEF DOC. NO. 1
10 RECEIVED NYSCEF: 09/02/2021
03/15/2022
49. BAXTER and the MCSO provided aerial drones to direct and coordinate the
violent law enforcement response.
50. According to the New York Times: “People were sitting, singing, chanting, and
eating pizza. At around 10:30 p.m., the dozen or so police officers who had been monitoring the
demonstrators from behind a barricade were joined by around 20 reinforcements in riot gear. The
officers suddenly surged toward the barricade and began firing an irritant into the crowd. It was
unclear what led them to do so.”
51. RPD officers and Sheriff’s deputies rushed protesters and struck them with
batons, without cause or legal justification. RPD officers and Sheriff’s deputies also shot pepper
balls at demonstrators. Many shots were fired at head level, and struck protesters in the face,
head and body. RPD officers also launched multiple tear gas cannisters into the crowd
indiscriminately.
Friday, September 4, 2020 to Saturday 5, 2020
52. On Septem
Preview
FILED: MONROE COUNTY CLERK 03/15/2022 10:16 AM INDEX NO. E2021008190 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/15/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3016813 Book Page CIVIL Return To: No. Pages: 56 County of Monroe Department of Law 39 W. Main Street Instrument: EXHIBIT(S) Rochester, NY 14614 Control #: 202203150297 Index #: E2021008190 Date: 03/15/2022 ADAMIDES, KATHERINE Time: 10:16:56 AM ADAMS, TYRUS ASA ALLMAN, JOE BEADLE, ALAN BRALEY, KENNETH The City of Rochester Baxter, Todd Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 202203150297 Index # INDEX : E2021008190 NO. E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2830579 Book Page CIVIL Return To: No. Pages: 55 ELLIOT DOLBY-SHIELDS 192 Lexington A enue, Suite 802 Instrument: EFILING INDEX NUMBER New York, NY 10016 Control #: 202109020947 Index #: E2021008190 Date: 09 02 2021 ADAMIDES, KATHERINE Time: 3:10:20 PM ADAMS, TYRUS ASA ALLMAN, JOE BEADLE, ALAN BRALEY, KENNETH The City of Rochester Baxter, Todd State Fee Index Num er $165.00 County Fee Index Num er $26.00 State Fee Cultural Education $14.25 State Fee Records $4.75 Employee: CW Management Total Fees Paid: $210.00 State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 55 index CI 2gINDEX #:E2021008190 NO. E2021008190 90 202203150297 FILED: MONROE COUNTY CLERK 03/15/2022 07762/202f 10:16 53 AM | >NROE COUNTY CLERK '(M2 : PM| NYSCEF DOC. NYSCEF DOC. NO.NO. 110 RECEIVED NYSCEF: 09/02/2021 RECEIVED NYSCEF: 03/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE KATHERINE ADAMIDES, TYRUS ASA ADAMS, JOE ALLMAN, ALAN BEADLE, KENNETH BRALEY, JEREMY DOBNER, MATTHEW GOULD, BRIAN GRAVELLE, ARSENIY GUTNIK, DAMIAN "ELLE" SUMMONS HAMMOND, LOUIS HERMAN, JORDAN HUGHES, KWANN MOORE, HENRY O'BRIEN, Index No.: PAMELA OWENS, RASHIDA PRICE, ZACHARY ROBERTS, CORY ROBINSON, CRESCENZO The basis of venue is: SCIPIONE, MICHAEL SPORTIELLO, JAMES STAIR" Location of the incident DAVE SUTLIFF-ATIAS, RHYS WHITMORE, Plaintiff designates Monroe Plaintiffs, as the place of trial. County -against- THE CITY OF ROCHESTER, a municipal entity, "JOHN 1-200" DOE POLICE OFFICERS (names and number of whom are unknown at present), TODD BAXTER, 1-200" "RICHARD ROE SHERIFF'S DEPUTIES (names and number of whom are unknown at present), and other unidentified members of the Rochester Police Department and Monroe County Sheriff's Office, Defendants. To the above named Defendants: You an hereby summoned to answer the complaint in this action, and to 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 attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint DATED: New York, New York September 2, 2021 Yours etc., ROTH & R , LLP. ELLIOT SHIELDS, ESQ. Attorney for Plaintiff 192 Lexington Ave, Suite 802 2 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 New York, New York 10016 (212) 245-1020 EASTON THOMPSON KASPEREK SHIFFRIN LLP Donald Thompson 16 West Main Street, Suite 243 Rochester, New York 14614 Ph: (585) 423-8290 TO: CITY OF ROCHESTER CORPORATION COUNSEL 30 Church Street Rochester, New York 14614 COUNTY OF MONROE Monroe County Law Department 307 County Office Building 39 W. Main St. Rochester, NY 14614 3 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE KATIE ADAMIDES, TYRUS ASA ADAMS, JOE ALLMAN, ALAN BEADLE, KENNETH BRALEY, JEREMY DOBNER, MATTHEW GOULD, BRIAN GRAVELLE, ARSENIY GUTNIK, DAMIAN INDEX NO.: HAMMOND, LOUIS “ELLE” HERMAN, JORDAN HUGHES, KWANN MOORE, HENRY O’BRIEN, VERIFIED COMPLAINT PAMELA OWENS, RASHIDA PRICE, ZACHARY [JURY TRIAL DEMANDED] ROBERTS, CORY ROBINSON, CRESCENZO SCIPIONE, MICHAEL SPORTIELLO, JAMES STAIR, DAVE SUTLIFF-ATIAS, RHYS WHITMORE, Plaintiffs, -against- THE CITY OF ROCHESTER, a municipal entity, “JOHN DOE POLICE OFFICERS 1-200” (names and number of whom are unknown at present), TODD BAXTER, “RICHARD ROE SHERIFF’S DEPUTIES 1-200” (names and number of whom are unknown at present), and other unidentified members of the Rochester Police Department and Monroe County Sheriff’s Office, Defendants. Plaintiffs, by their attorneys, ROTH & ROTH, LLP and EASTON THOMPSON KASPAREK SHIFFRIN LLP, complaining of the defendants, respectfully allege as follows: I. PRELIMINARY STATEMENT 1. This is a civil rights action against the City of Rochester (“CITY”) based on and arising out of the wrongful acts and omissions of the Rochester Police Department (“Police Department” and “RPD”) and certain of the employees and agents of the RPD, and TODD BAXTER, the Monroe County Sheriff, based on and arising out of the wrongful acts and omissions of the Monroe County Sheriff’s Deputies, and against named individual employees and agents of the CITY and BAXTER, in which the Plaintiffs seek relief for the violation of their rights secured under the laws and Constitution of the United States and State of New York. 4 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 2. The Plaintiffs seek compensatory and punitive damages and such other and further relief as this Court deems just and proper for injuries resulting from Defendants’ violent and unjustified use of force against them at various other racial justice protests in Rochester after September 2, 2020, when the video of RPD officers killing Daniel Prude was released. 3. This lawsuit seeks to hold the defendant CITY liable for its negligence and for the misconduct of its employees and agents under the doctrine of respondeat superior; it seeks to hold Sheriff BAXTER liable for his negligence; and it also seeks to hold the John Doe Police Officers and Richard Roe Sheriff’s Deputies liable for their misconduct. II. PARTIES 4. Plaintiffs KATIE ADAMIDES, TYRUS ASA ADAMS, JOE ALLMAN, ALAN BEADLE, KENNETH BRALEY, JEREMY DOBNER, MATTHEW GOULD, BRIAN GRAVELLE, ARSENIY GUTNIK, DAMIAN HAMMOND, LOUIS “ELLE” HERMAN, JORDAN HUGHES, DARIEN LAMEN, KWANN MOORE, HENRY O’BRIEN, PAMELA OWENS, RASHIDA PRICE, ZACHARY ROBERTS, CORY ROBINSON, CRESCENZO SCIPIONE, MICHAEL SPORTIELLO, JAMES STAIR, DAVE SUTLIFF-ATIAS, RHYS WHITMORE, are citizens of the United States and residents of the State of New York. 5. Defendant CITY OF ROCHESTER (“CITY”) is a municipal entity created and authorized under the laws of the State of New York. It is authorized by law to maintain a police department, which acts as its agent in the area of law enforcement and for which it is ultimately responsible. Defendant CITY assumes the risks incidental to the maintenance of a police force and the employment of police officers as said risks attach to the public consumers of the services provided by the RPD. 6. Defendant CITY OF ROCHESTER (“CITY”) was and is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. 5 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 Defendant CITY maintains the City of Rochester Police Department, a duly authorized police department, authorized to perform all functions of a police department. RPD acts as Defendant CITY’s agent and Defendant CITY assumes the risks incidental to the maintenance of a police department and the employment of police officers. 7. “JOHN DOE” ROCHESTER POLICE DEPARTMENT OFFICERS 1–200 (the names and numbers of which are currently unknown), were, at all times relevant to this Complaint, Police Officers with the RPD. At all relevant times, these defendants were acting within the scope of their employment with the CITY and RPD and under color of state law. They are sued in their individual capacities. The John Doe RPD Officers are referred to collectively as “the RPD officers.” 8. Defendant TODD BAXTER (“Sheriff Baxter” or “BAXTER”) was, at all times relevant herein, the duly elected Sheriff of the County of Monroe. At all relevant times, Defendant BAXTER was acting within the scope of his employment and under color of state law. He is sued in his individual and official capacity. 9. “RICHARD ROE” MONROE COUNTY SHERIFF’S DEPUTIES 1–200 (the names and numbers of which are currently unknown), were, at all times relevant to this Complaint, Deputy Sheriffs with the Monroe County Sheriff’s Office (“MCSO”). At all relevant times, these defendants were acting within the scope of their employment with the County and under Sheriff BAXTER and acting under color of state law. They are sued in their individual capacities. They are referred to collectively as “the Sheriff’s Deputies.” 10. BAXTER is responsible for the training, supervision and discipline of the Defendant Sheriff’s Deputies under state law. 6 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 III. JURISDICTION 11. This action falls within one or more of the exceptions as set forth in CPLR Section 1602, involving intentional actions, as well as the defendant, and/or defendants, having acted in reckless disregard for the safety of others, as well as having performed intentional acts. 12. Plaintiffs sustained damages in an amount in excess of the jurisdictional limits of all the lower Courts of the State of New York. 13. Plaintiffs filed timely Notices of Claim against the City and County, in compliance with the Municipal Law § 50. 14. The CITY and the COUNTY waived 50-h hearings for each Plaintiff, other than HERMAN, who sat for a 50h hearing with the CITY on June 9, 2021. 15. More than thirty (30) days have elapsed since service of said Notices of Claim were filed and the City and County have failed to pay or adjust the claim. 16. This action is being brought within a year of the events that gives rise to Plaintiffs’ causes of action under New York State law and Plaintiffs have complied with all of the statutory prerequisites for bringing this action. IV. STATEMENT OF FACTS A. Allegations Common to All Causes of Action and Plaintiffs 17. On May 25, 2020, Minneapolis police officer Derek Chauvin murdered George Floyd, who was handcuffed and lying face down on the ground, by suffocating him to death in broad daylight on the street. 18. Floyd’s murder and the police murder of Breonna Taylor in Louisville, Kentucky, in addition to police murders of other Black people in the United States sparked the largest 7 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 movement for social and racial justice in history and has included peaceful protests around the world against anti-Black police violence, systemic racism, and inequality. 19. Months before George Floyd’s murder, on March 23, 2020, Daniel Prude’s family sought help from the RPD as Daniel was suffering an acute mental health crisis. Tragically, that call for help ended with Daniel naked and handcuffed with his face covered by a “spit hood,” as an RPD officer pushed his head into the freezing asphalt for several minutes. RPD officers on the scene mocked Daniel and chatted with each other while he asphyxiated. Daniel was declared brain dead that night; he was taken off life support and died on March 30. 20. When the video of RPD Officers killing Daniel Prude was finally made public on September 2, 2020, it sparked nationwide outrage. In Rochester, thousands of people gathered to mourn the loss of Black lives, demand the CITY finally end its racist and brutal policing practices, and call for new visions of public safety that value Black lives. 21. Protesters have gathered outside the PSB and in downtown Rochester, chanted, and held signs. Some of the protesters’ chants and signs were specific to Daniel Prude; others decried the pattern of racialized, violent policing in Rochester, of which Mr. Prude’s killing was the latest, most egregious example. 22. The largest of these protests took place between September 2 and September 6, 2020. The RPD and MCSO responded to these protests with extreme and unnecessary force— including the indiscriminate use of tear gas and pepper spray, 40 millimeter blunt-impact projectiles, thousands of pepper balls, flash-bang grenades and other supposedly “less-than- lethal” munitions. 23. Although termed “nonlethal” or “less-than-lethal” force, military-grade crowd control devices like those used by the RPD involve serious risks of injury, and even death. 8 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 Chemical irritants (“CIs”), like tear gas and pepper spray, are banned in warfare because they are indiscriminate weapons by design, especially when deployed by firing a grenade or canister. CIs can cause severe injury or death, and, even at low concentrations, exposure to tear gas presents a risk of serious, irreversible health effects. 24. Over the course of three nights, from September 3 to September 5, 2020, RPD officers fired tear gas canisters 77 times into groups of protesters expressly gathered to support Black lives, at journalists and legal observers attempting to report on and record the abuse, and at medics there to provide care and safety to the protesters—often when people had no escape route to get away from the chemical clouds. The tear gas canisters are themselves projectile weapons; direct impact can cause significant blunt trauma, including bone fractures, lacerations and internal bleeding, and death. 25. Over those three nights, RPD officers also discharged 6,100 pepper balls at people who had gathered to protest the Department’s aggressive and racist policing. In fact, one RPD officer on the night of September 4, 2020, fired 148 pepper balls in the span of just twenty minutes, at a group of people who were penned in or “kettled” by police on the Court Street Bridge in downtown Rochester. 26. RPD officers also shot protesters with 40mm direct-impact foam bullets—known as kinetic impact projectiles (“KIPS”)—which can cause a range of injuries including death. KIPs are inherently inaccurate when fired from afar and so they often injure bystanders and strike vulnerable body parts of intended targets and bystanders. RPD officers fired Def Tec and CTS 40 mm munitions during the protests. The CTS website cautions that shots to the head, neck, thorax, heart, or spine can result in fatal or serious injury. Use of force reports by RPD 9 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 officers detail deploying 40mm munitions at individuals’ abdomens at the September 5 demonstration. 27. Other indiscriminate, military-grade weapons employed by the RPD and law enforcement included flash bang grenades and a Long Range Acoustic Device (“LRAD”), which is both a sound system and a sonic weapon that can cause permanent hearing damage. 28. On information and belief, Sheriff’s Deputies also deployed “less lethal” and/or military-grade weapons against peaceful protesters. 29. On information and belief, BAXTER did not provide any training to the Sheriff’s Deputies on how to safely use these “less lethal” and/or military-grade weapons against peaceful protesters; and or the training provided was inadequate. 30. Beyond these militarized weapons, RPD officers and Sheriff’s Deputies also struck countless peaceful protesters including the Plaintiffs with batons. 31. As part of the City and RPD’s coordinated strategy, the CITY and the RPD asked the Monroe County Sheriff, TODD BAXTER, to send the Defendant Sheriff’s Deputies to Rochester to police the protests. 32. The CITY and the RPD requested that BAXTER send Sheriff’s Deputies to create an intimidating law enforcement response that was militarized. 33. Along with the RPD, BAXTER sent Sheriff’s Deputies and contributed personnel and resources to create a massive police presence to confront those assembled in peaceful protest to call the RPD to account for its widespread use of violence against people of color. 34. The multi-agency response was managed under a unified command system between the CITY and the RPD; the MCSO and BAXTER; and the State Police. 10 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 35. Upon information and belief, former RPD Chief La’Ron Singletary oversaw the unified command system for the CITY and RPD. 36. Upon information and belief, Defendant BAXTER oversaw the unified command system for the County and MCSO. 37. Upon information and belief, on the nights of the protests detailed herein, Singletary was present in the RPD’s Command Post and was overseeing and directing RPD officers and other law enforcement officers’ response to the protesters, including the use of specific tactics and weapons. 38. Upon information and belief, on the nights of the protests detailed herein, Defendants BAXTER and other commanding officers of the MCSO and County were present in the MCSO Command Post and were overseeing and directing Sheriff’s Deputies’ response to the protesters and coordinating with Singletary and other RPD officials about the response to protesters, including the use of specific tactics and weapons. 39. Peaceful protests continued in the months after these initial nights. 40. As a result of the violent response of the RPD officers and Deputy Sheriffs, under the direction and control of the CITY and BAXTER, the Plaintiffs were injured and harmed, and their rights to free expression under the New York State Constitution were suppressed. Wednesday, September 2, 2020 41. On September 2, 2020, Daniel Prude’s family held a press conference with Free the People ROC (“FTP ROC”) where they announced the release of body worn camera video showing RPD officers Mark Vaughn, Francisco Santiago, and Troy Taladay using wholly unlawful—and patently unnecessary—physical force against Daniel Prude during a “mental health” arrest nearly six months prior on March 23, 2020. The footage showed several other RPD 11 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 officers laughing with each other and ridiculing Mr. Prude rather than intervening to stop the illegal use of force. 42. At the press conference Joe Prude—Daniel Prude’s brother—and FTP ROC revealed that the City and RPD had suppressed the body worn camera video to cover up the RPD’s responsibility for Mr. Prude’s death. 43. In response, Mayor Lovely Warren and RPD Chief La’Ron Singletary held a press conference at the PSB. 44. The RPD refused to allow Mr. Prude’s family or members of FTP ROC to attend the press conference at the PSB. When members of FTP ROC attempted to gain entry, RPD officers violently arrested them and others inside of the PSB. 45. Outside of the PSB, RPD officers and Sheriff’s deputies erected barriers in front of the PSB, and closed Exchange Boulevard in the vicinity of the PSB to vehicular traffic. 46. As a peaceful demonstration took place, RPD officers and Sheriff’s Deputies pepper sprayed protesters and indiscriminately shot pepper balls into the crowd. 47. Officers also targeted and shot at journalists, legal observers, and people who were recording officers. Thursday, September 3 to Friday, September 4, 2020 48. On September 3, 2020, a group of peaceful protesters, assembled in front of the PSB. Again, RPD Officers and Sheriff’s Deputies closed Exchange Blvd. in the vicinity of the PSB to vehicular traffic. Again, RPD officers and Sheriff’s Deputies pepper sprayed protesters and intentionally shot them with pepper balls. Officers also targeted and shot at journalists, legal observers, and people who were recording officers. RPD Officers and Sheriff’s Deputies also indiscriminately shot pepper balls into the crowd, without cause or legal justification. 12 of 55 202109020947 202203150297 09/02/2021 03:10:20 PM CIVIL 202109020947 IndexNO. INDEX #: E2021008190 E2021008190 FILED: MONROE COUNTY CLERK 09/02/2021 03/15/2022 02:53 10:16 PM AM NYSCEF DOC. NO. 1 10 RECEIVED NYSCEF: 09/02/2021 03/15/2022 49. BAXTER and the MCSO provided aerial drones to direct and coordinate the violent law enforcement response. 50. According to the New York Times: “People were sitting, singing, chanting, and eating pizza. At around 10:30 p.m., the dozen or so police officers who had been monitoring the demonstrators from behind a barricade were joined by around 20 reinforcements in riot gear. The officers suddenly surged toward the barricade and began firing an irritant into the crowd. It was unclear what led them to do so.” 51. RPD officers and Sheriff’s deputies rushed protesters and struck them with batons, without cause or legal justification. RPD officers and Sheriff’s deputies also shot pepper balls at demonstrators. Many shots were fired at head level, and struck protesters in the face, head and body. RPD officers also launched multiple tear gas cannisters into the crowd indiscriminately. Friday, September 4, 2020 to Saturday 5, 2020 52. On Septem