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  • Phadia Jean, Vladimir Jean v. Orangetown Town Of, Orangetown Police Department, Orangetown Police Officer Torts - Other (Abuse of Process) document preview
  • Phadia Jean, Vladimir Jean v. Orangetown Town Of, Orangetown Police Department, Orangetown Police Officer Torts - Other (Abuse of Process) document preview
  • Phadia Jean, Vladimir Jean v. Orangetown Town Of, Orangetown Police Department, Orangetown Police Officer Torts - Other (Abuse of Process) document preview
  • Phadia Jean, Vladimir Jean v. Orangetown Town Of, Orangetown Police Department, Orangetown Police Officer Torts - Other (Abuse of Process) document preview
  • Phadia Jean, Vladimir Jean v. Orangetown Town Of, Orangetown Police Department, Orangetown Police Officer Torts - Other (Abuse of Process) document preview
  • Phadia Jean, Vladimir Jean v. Orangetown Town Of, Orangetown Police Department, Orangetown Police Officer Torts - Other (Abuse of Process) document preview
  • Phadia Jean, Vladimir Jean v. Orangetown Town Of, Orangetown Police Department, Orangetown Police Officer Torts - Other (Abuse of Process) document preview
  • Phadia Jean, Vladimir Jean v. Orangetown Town Of, Orangetown Police Department, Orangetown Police Officer Torts - Other (Abuse of Process) document preview
						
                                

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FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 "B" EXHIBIT I FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 .. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ------------------------------------------- X PHADIA JEAN and VLADIMIR JEAN, Plaintiffs, - against - TOWN OF ORANGETOWN, ORANGETOWN Index No. 33456/2016 POLICE DEPARTMENT, POLICE OFFICERS DOE" "JOHN One through Three and POLICE DOE," OFFICER "JANE the names being fictitious but intended to be the Police Officers of the ORANGETOWN POLICE DEPARTMENT who Engaged in illegal and negligent behavior against Plaintiffs, Defendants. ________________________ ------X AFFIDAVIT OF JAMES SULLIVAN STATE OF NEW YORK ) ) ss: COUNTY OF ROCKLAND ) JAMES SULLIVAN, being duly sworn, deposes and says: 1. I am a Lieutenant with the Orangetown Police Department (OPD), and I have been with the OPD for 29 years. 2. I was deposed on the above-captioned matter on December 18, 2020. Plaintiffs' 3. In my deposition, attorney failed to ask me certain questions that are relevant to this case, and I provide this affidavit, so the Court will have these facts for itsruling on Defendants' the motion for summary judgment. 4. On July 10, 2015, Det Lt Tony DeColyse, Rockland County Sheriff's Department, sent an email to the chiefs of various police departments, including then Chief Kevin Nulty of the OPD, relating to organizing a county-wide warrant sweep known as "Operation Look Over Your Shoulder." 5. Chief Nulty tasked Capt Donald Butterworth with coordinating Orangetown's efforts relating to the warrant sweep. FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 6. Capt Butterworth delegated to me the task of selecting ten warrants for the sweep. I attach to this affidavit, as Exhibit 1, a true and accurate copy of Det Lt DeColyse's email, which was forwarded to me by Capt Butterworth. 7. On or about July 21, 2,015, I selected ten warrants and provided them to the County Sheriff s Department. 8. In this regard, I only provided warrants that were issued to the Orangetown Police Department. 9. I did not provide the Russell Otero warrant to the County, because this was a warrant issued to the South Nyack-Grand View Police Department, not the OPD, and I would not have had a copy of this warrant at that time. 10. At the time of the warrant sweep, the OPD was not responsible for police matters within the incorporated Village of South Nyack. South Nyack's police services were provided by the South Nyack-Grand View Police Department. 11. I attach to this affidavit as Exhibit 2 a true and accurate copy of the Operational Shoulder." Plan for "Operation Look Over Your Neither I nor anyone else associated with the OPD or the Town of Orangetown was responsible for creating the Operational Plan. The Operational Plan was provided to me and the other participants by the Rockland Sheriff's Department. Shoulder," 12. With regard to the warrant sweep known as "Operation Look Over Your neither I nor anyone else from the OPD or the Town of Orangetown played any part in selecting 2 Buckley Place, Nyack, New York as an appmpriate target for the warrant sweep. It is my understanding that this determination was made entirely by the South Nyack-Grand View Police Department and the Rockland County Sheriff's Department. 13. To the best of my knowledge and belief, I declare that the foregoing is true and correct. ULLIVAN Subscribed and sworn to befo e me 4th On this day of November, 2021 otary Public ROBERT V. MAGRINO NOTARY PUBLIC - STATE OF NEW YORK NO. 02MA5015089 QUALIFIED IN ROCKLAND COUN JULY 2 COMMISSION EXPIRES 12, 20 FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 EXHIBIT 1 FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 Richard Pakola From: dbutterworth@orangetown.com Sent: Friday, July 10, 2015 1:32 PM To: jsullivan@orangetown.com Subject: FW: Plan - Look Over your $houlder - Phase 3 Op Op Attachments: Target Cover Page.doc DSgt Sullivan, Can you go through our warrants and pick out 10 for me to have for thisWednesday (7/15/15). Thanks From: Antoine Decolyse [malito:decolyse@RCPIN.net] Sent: Friday, July 10, 2015 1:16 PM To: Brian Webster; Dan Wilson; Deena Royce; Donald Butterworth; Glenn Dietrich; John Lynch; John Maasz; Paul Pacheco; Rich Mazzone ;Sean Willman; Steve O'Leary Cc: Ken Johnston; Hank Bender; Michael O'Shea; Brent Newbury; Kevin Nulty; Matt Mccune; William Barbera; Mary Barbera; Robert Vancura; Lou Falco Subject: Plan - Look Over your Shoulder -Phase 3 Op Op We are lcaking to conduct Op Look Over Your Shoulder Phase 3 (Warrant Sweep) on Wêdñêsday July 29, 2015. The op briefing will be conducted at the Fire Training Center, Pomona at 0430 hrs. An initialcoordination meeting willbe held at the Orañget0wn PD on Wednesday July 15, at 1100 brs. Participation of representatives from NYSP (both Troops), NYS Parole, Homeland Security, Intel Unit, 201, 301, 361, and 371 is requested. Please select appr0ximately 10 warrants per agency for execution primarily in Rockland County. (Sma!!er agencies may provide a lesser nu.mber of warrants). Warrants chesêñ, should preferably be wa añts that have been recently issued, or warrants that can be successfully executed. Any additional warrants, ifavailable, are welcome. Itis requested that the Target packets be prepared for each subject and should contain the following: Cover sheet (See attachment above) to include Photo of subject, Name, DOB, Address, Type of warrant (Arrest/ Bench/ County Court , Current charges etc). . of warrant (not original) Map of location Criminal history copy . Arrest report (blank) Permission to search consent form in English and Spanish (blank) Property receipt form (blank) Itis requested that the targets be turned over to.Det. Sgt. Johnston for campuaties. The warrants willalso be checked by the RC Intelligence Center for any conflicts or for background information. Each agency isrequested to advise by Email the number of officers that will be assigned to the detail,so that the arrest teams can be set up. Please advise ifany Spanish speaking officers are included. A K9 team and transport team willalso be assigned by this agency. T|mel|ñês for the above requested information will be finalized at the coordination meetiñg. FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 Op plan isbeing drafted. Any questions please call Thank you. Song ‰êelgae Detective Lieutenant Roékland County Sheriffs Office Police Division 55 New Hempstead Rd New City NY 10956 Police Desk: 845-638-5400 Office: 845-638-5962 Cell: 845-519-9282 decolyse@repin.net FBI NA 242 This RCPIN email, including suschmeñts, may include confidential and/or proprietary information. If the reader of this email is not the intended recipient or his or her authorized agent, the reader is hereby notified that any disemination, distribution, or copying of this email is prohibited. If you have received this email in error, please notify the sender by replying to this message and deleting this email irñrammly. FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 Target # RECENT PHOTO Subject: __... Primary Address Secondary Address Vehicle Info Current Warrant Prior Arrests. . --.. Processing Location Team Assigned FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 EXHIBIT 2 FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 Rocldand County Sheriffs Office Police Division OPERATIONAL PLAN NAME: OPERATION LOOK OVER YOUR SHOULDER DATE: WBDNESDAY JULY 29, 2015 TYPE: WARRANT 1$XECUTION CASE/INCIDENT #: 15-10698 BRIEFING DATE/TIME: 07/29/15 0430 HRS. BRIEFING L OCATION: FIRB TRAINING CENTER, POMONA, NY 10970 AGENCIES: RCSO, NYSP, (TROOPS F & T) PAROLE, CLARKSTOWN ORANGETOWN, S. NYACK & PIERMONT PDs, INTEL CENTER EQUIPMENT: VBSTS, RAID JACKETS, HANDCUFFS, FLASHLIGHTS, FIRST AID KITS, NARCAN KITS & TARGET PACKBTS RADIO FREQUENCIES: PRIMARY: PD SPECIAL OP S 1 (B11) . SECONDARY: - . ____ ..... . nlINTY NEAREST HOSPITAL: NYACK HOSPITAL PROCESSUiG LOCATION: 301 HQ & 201 HQ JUSTICE COURT WARTLANTS HOLDING AREA FOR RC POLICE DIVISION CBLLS OF REQUIRED) COUNTY COURT WARRANTS TRANSPORT TEAMS ONE LOCATED AT 301, ONE TEAM LOCATED AT 70 COMMAND POST: FTU NOTIFICATIONS: ALL DISPATCH CENTERS AT 0400 HRS POTENTIAL PROBLEMS: TARGBT 9 (BAPTISTE) TEAM 4 (IF TARGET 20 (GULIElELD) TEAN 7 ANY) PREPARED BY: DET. LT. A. DECOLY SE APPROVER BY: CHIEF W1LLIAM BARBERA OPERATIONAL PLAN 7/24/15 JPK Phadia et al. v. et al. - 0001 Jean, Orangetown, FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 h CHIEF W. BARBERA DET. LT. A. DECOLYSE - DET. SGT. K. JOHNSTON DET. SGT. DONNARY (201) - DET. SGT. SULLIVAN (301) SGT. DAN WILSON (361) INV STBVB LEUTHNER (371) SGT. JOHN MAASZ (NYSP - T) DET. SGT. LYNCH (INTEL) CHIBF PAUL PACHECO (PAROLE) ON CALL . ADA (LOCAL) JUDGE (201) JUDGE (301) POLICE JURISDICTIONS CLARKSTOWN PD: 845-639-5800 ORANGETOWN PD: 845-359-3700 RAMAPO PD: 845-357-2400 HAVERSTRAWTOWN PD: 845-354-1500 STONY POINT PD: 845-786-2422 PIERMONT PD: 845-339-0240 SOUTH NYACK PD: 845-358-0206 SERING-VALLEY. PD: --_______8-45256-7-400 ----_____ ____.--- .. . ... SUFFBRN PD: 845-357-2300 NYSP HAVERSTRAW 845-364-0200 NYSP TARRYTOWN 845-727-2280 AGENCY PERSONNRL NYSP: 10 CLARKSTOWN PD: 7 ORANGETOWN PD: 7 SOUTH NYACK FD: 2 PIERMONT PD: 1 RCSO: 12 RCSO TRANSPORTS: 4 INTELLIGENCB CENTER: 3 i TEAMS ARREST TEAMS: 10 BCI: 2 TRANSPORT TEAMS: 2 OPERATIONAL PLAN 7/24/15 JPK Phadia et al. v. et al. - 0002 Jean, Orangetown, FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 Rockland Sheriff's Office County Police Division OPERATIONAL PLAN BACKGROUND The SheriffsOffice In conjunct|cawith the NY Sate Police,NYS Division of Parole,Clarkstown,Orangatewn, S. Nyack and Piermont PDs, and the Rockland County ir."":gcase Center willconduct a jointoperation to reducethe number of ouWnd!ng warrants primarilyIn Rockland County. MISSION On July 29,2015, atapprox!mata!y 0515 brs.ten Integrated teams of the above unitswillattempt to execute48 warrantsin different towns of Rockland County. BRIEFING Detailed indrüct|üG wM be given atthe briefingbeing conducted at the Center Fire Training at0450 hrs on July 29, 2015. TARGET PACKETS Target packets wilt beprêparéd foreach subjectand willcontain the following; Cover sheet to IncludePhoto of subject, Name, DOB, Address, Type o½rrani (Arrest/ Bench/ County Court, -- Gurrent sha rges-ete).--- ----------------- ------- - -.-- ----- - - --- -- Copy of warrant Map of locatlan Crinilnalhistory copy Arrestreport Permission.tosearch consentform Property receiptForm TEAM LEADER Team I.eaderswillbe responsibleforthe following: Checking of targetpackets a bovefor allrelevantinfam1atlan Assignment of dutiestomembers of theteam Chain ofcustody for any evidence selted in thecourse of thewarrant execution Allpersonal property should be leftsecure at eacharrest location. Arrested personnel willbe trañsported to processing locationand before arralgiied the appropriatejudge. Note that originalwarrants willbe necessary forthe arrsignment. Post arraignment subjects thay be turned over tothe tarspüit teams atthe pre-de:lgnated locations(201,301,and 70 locations). NotifyingCommand on completion of arrest Reportto commend HQfor breakdown on complatlañ ofall ta rget aSSignments . OPERATIONAL PLAN 7/24/15 IPX Phadia et al. v. et al. - 0003 Jean, Orangetown, FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 TEAM/TARG ETASSIGNMEvis COMMAND HQ D/Lt. DeColyse D/Sgt Johnston D/Sgt. Donnary (201) D/Sgt Sullivan (301) Det. Al McMahon (BCI) Det. Matt Winters (BCI) TEAM 1 Targets 38, 18, 7,.36 Det. Rich Maddea (RCSO) Team Leader Parole Officer Deena Royce PO Warren (301) . PO Dan Maloney (201) TEAM2 Targets11,1, 34, 21 Det. James Tafuri (RCSO) Team Leader ParoleOfficer Rita Flynn PO Whalen (301) PO Mike Keane (201) K9 TEAM 3 . Targets 17, 25,12, 29 Det. Matt Ryder Team Leader (301) Parole Officer Michelle Cayo Det. Brian Michel (201) TrooperHaberneck (NYSP) TEAM 4 Targets 9, 8,41 Sgt. Robert Gerdvil Teamleader (NYSP-T) Det.JitnDavis(RCSO) Det. Dawn Fantini (201) PO Vergine (301) TrooperDavidRuderfer K9 (NYSP-T) 5 Targets 13, 35, 43,22 TlÇAg Det. John.Squillini Team Leader (RCSO) Parole Officer Jacobi Ward Tmoper Anthony Favre (NTSP-T) Tmoper William Payne (NYSP-T) OPERATIONALPLAN 7/24/15 JPK Phadia et al. v. et al. - 0004 Jean, Orangetown, FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 : .· TEAM /TARGET ASSIQGdENTS TEAM 6 Targets 2, 44, 42,49 Det.RobMcDonak1(201) TeamLeader Det. Mel Jenkins (RCSO) PO Domitrovitz (301) Tpr. Dong Kim (NYSP) TEAM 7 Targets 20, 16,15, 33, 48 Sgt. ChrisFord (RCSO) K9 Team Leadef Det, Kerri Kralik (RCSO) Det. Dan Ryan (301) Inv.Seamus Lyons (INTBL) TEAM S . Targets 31, 32, 37 Det. Prank Romano (201) Team Leader Tpr, Christopher Bodisch (NYSP) Det. Dwayne Defno (RCSO) Inv.Andrew Yong (INTP1) TEAM 9 Targets 45, 23, 39, 46, 14 Investigator Ron Colgan (NY5P) Team Leader Tpr. Dean Andrikut (NYSP) Inv, George Zayas (INTEL) Sr,Patole Officer Morglewicz TEAM 10 Targets 24,3, 6, 47 Inv. Steve Leuthner (INTEL) Team Leader PO Consor Pitzgerald (361) Parole Officer Mateo Pendarvis Tpt, Timothy Noller (NY8P) PROCESSING PO Pemular (RCSO) PO Fanner (RCSO) UNASSIGNEDTARGETS 5, 10,26, 27, 28, 30 OPEPATIONAL PLAN 7/24/15 JPK. . . Phadia et al. v. et al. - 0005 Jean, Orangetown, FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 ! Tagget Subject . DOB Teamm stody Exhausted 4%pmcif Anne Charse 1 2 301 5 Obstruct Breath /unlawfulimpris/ Haram 2nd 6 301 3 AUO Srd .. 10 301 5 AUO3rd 4 -- yes 201 . 5 Dim Mis 4th /CPC57th / UPM/ Haramment 5 j 301 1 PetitLarceny 10 201 5 AUO3rd 1 301 4 DWi/ DIs Con /ResistingArrest 4 . 301 3 Assualt3rd - 4 301 3 Crim Mis3rd / H anasment 2nd/ Combative | 301 5 4 Harrasment2nd 1 2 | . 301 5 1 CPCS5th 12 3 361 1 AUO3rd 23 5 _ssi o 15 R r0, Jewel 7 361 5 1 CPSP 5th /AUO3rd 7 361 5 AUC 2nd 3 . 201 5 1 Menacing 2nd 1 201 4 Crim Contemt2nd / AggHarassment 2nd as 3 201 1 5 Burg 3rd /Pett CPSP Sth Larceny/ 20 7 201 5 Reck Endanger 2nd /Trespass /Harass 2nd 2 201 1 Crim mis 4thfPetitLan:eny/Harassment2nd -5 201 1 Asspélt3rd, f AdditionalNYSP Warrant 23 9 2D1 . 4 3 CP(37th .10 201 4 5 Grand Lanoeny4th / Forgesy3rd 25 a 201 1 sentence Violation 26 Payole 5 ParoleWament Parole 5 4 ParoleWammt 28 . . Parole 3 Parole Warrant 29 _, yes 70 3 Family CourtArtide 4 70 5 Ramily CourtArticle4 31 8 NY5P 2 . DW1 1st 32 8 NY5P 2 3 AW CPC57th as 7 NYSP 1 AUO 2nd Phadia Jean, et al . v . et al . - Orangetown, 0006 FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 ! FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021 FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021