Complaint,Petition: David Marrero v. City Of New York, The New York City Department Of Correction, Captain John Thomas Shield #1120, John Does Correction Officers whose names are not yet known or identified

On July 17, 2019 a Complaint,Petition was filed involving a dispute between David Marrero, and Captain John Thomas Shield #1120, City Of New York, John Does Correction Officers Whose Names Are Not Yet Known Or Identified, The New York City Department Of Correction, for Torts - Other (Assault) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 07/17/2019 11:26 AM INDEX NO. 156979/2019
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.:
--------------------------------------------------------------------------x Date Purchased: 07/12/2019
DAVID MARRERO,
Plaintiff, SUMMONS

-against- Plaintiff designates
New York County as the place
of trial
CITY OF NEW YORK, THE NEW YORK Basis of the venue is Locus of
CITY DEPARTMENT OF CORRECTION, CAPTAIN Occurrence:
“JOHN” THOMAS Shield #1120 and “JOHN Bellevue Hospital Center
DOES” (Correction Officers whose names are not yet known 462 First Avenue
or identified), New York, NY
County of New York
Defendants.
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TO THE ABOVE NAMED DEFENDANTS:

YOU ARE 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 Attorney within 20 days after the service of this summons,
exclusive of the day 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); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded herein.

Dated: Brooklyn, New York
July 12, 2019

Defendant’s address:
Plaintiff’s attorneys:

THE CITY OF NEW YORK PAMELA S. ROTH, ESQ.
100 Church Street Law Offices of Pamela S. Roth, Esq. P.C.
New York, New York 10007 Attorney for Plaintiff
DAVID MARRERO
THE NEW YORK CITY Office & P.O. Address
DEPARTMENT OF CORRECTION 2747 Coney Island Avenue
100 Church Street Brooklyn, New York 11235
New York, New York 10007 (888) 466-4884

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CORRECTION OFFICERS JOHN DOES
New York City Department of Correction
Bellevue Prison Ward 19th floor
Bellevue Hospital Center
462 First Avenue
New York, New York 10016

CAPTAIN “JOHN” THOMAS
Shield # 1120
New York City Department of Correction
Bellevue Prison Ward 19th floor
Bellevue Hospital Center
462 First Avenue
New York, New York 10016

Plaintiff’s Residence:
David Marrero
2085 Bussing Avenue
Bronx, New York 10466

Notice:

The nature of this action is as follows: This is an action to for damages against Defendants for
committing acts under color of law, assault, battery, harassment, intentional infliction of emotional
harm, and depriving Plaintiff of rights secured by the Constitution and laws of the United States.
Plaintiff seeks declaratory relief pursuant to 28 U.S.C. 2201, compensatory and punitive damages
for the violation of his civil rights pursuant to 42 U.S.C. 1981, 1983, 1985 and 1986 and an award
of costs, disbursements and attorney’s fees under 42 U.S.C. 1988, and Violation of Civil Rights
under the United States and New York State Constitution.
UPON YOUR FAILURE TO APPEAR:
Judgment will be taken against you by default in a sum that exceeds the jurisdictional limits of all
lower courts, with interest from the date of default and the costs of this action.

DATED: Brooklyn, New York
July 12, 2019

___/s/ Pamela S. Roth______________
LAW OFFICE OF PAMELA S. ROTH,
ESQ. P.C.
Attorney for Plaintiff

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DAVID MARRERO
Address and P.O. Box
2747 Coney Island Avenue
Brooklyn, NY 11235
(888) 466-4884

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.:
--------------------------------------------------------------------------x Date Purchased: 07/05/2019
DAVID MARRERO,
VERIFIED COMPLAINT
Plaintiff,

-against-

CITY OF NEW YORK, THE NEW YORK
CITY DEPARTMENT OF CORRECTION, CAPTAIN
“JOHN” THOMAS Shield #1120 and “JOHN
DOES” (Correction Officers whose names are not yet known
or identified),

Defendants.
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Plaintiff, DAVID MARRERO, by his attorney, PAMELA S. ROTH of the LAW OFFICE

OF PAMELA S. ROTH, ESQ. P.C., complaining of the defendants above-named, respectfully

allege as follows:

THE PARTIES AND FACTUAL ALLEGATIONS

1. Defendant, THE CITY OF NEW YORK (hereinafter referred to as "CITY") is a

municipal corporation organized and existing under the laws of New York State.

2. Defendant, THE NEW YORK DEPARTMENT OF CORRECTIONS (hereinafter referred

to as "DOC") is an agency of Defendant, CITY.

3. At all times hereinafter mentioned, Defendant, CAPTAIN “JOHN” THOMAS, Shield

#1120, was a Captain and a correction officer employed by DOC and the CITY OF NEW

YORK.

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4. At all times hereinafter mentioned, Defendants, JOHN DOES (Correction Officers whose

names are not yet known or identified) at all relevant times were correction officers

employed by the defendant, THE NEW YORK CITY DEPARTMENT OF

CORRECTION.

5. At all times hereinafter mentioned, Plaintiff, DAVID MARRERO, was an inmate

detained and incarcerated at Riker's Island at North Infirmary Command at 15-00 Hazen

Street, East Elmhurst, New York 11370, #9501600008 through the present.

6. At all times hereinafter mentioned, Plaintiff, DAVID MARRERO, was an inmate and a

pre-trial detainee, in the care and custody of Rikers Island Correctional Facility.

7. Upon information and belief on or about the plaintiff, DAVID MARRERO, on April 4,

2018, plaintiff was transferred to Bellevue Hospital Center, located at 462 First Avenue,

New York, New York. He was transferred to the Bellevue Hospital Prison Ward,

( hereinafter known as BHPW), as he was previously diagnosed with an aggressive form

of cancer, while a pre-trial detainee in the care and custody of Rikers Island Correctional

Facility.

8. Plaintiff had been transferred to and admitted to Bellevue Hospital for extensive daily

chemotherapy treatment.

9. On or about April 4, 2018 at approximately 12:30 P.M. inside Bellevue Hospital Center,

located at at 462 First Avenue, New York, New York, plaintiff was transferred from the

prison ward on the 19th floor to a standard hospital wing on the 16th floor, room 42.

10. At all times, there were at least three (3) uniformed New York City Department of

Correction Officers assigned to and stationed to the Outpost directly outside his room.

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11. While plaintiff lay in hi bed at 16 West Room 42, attached to an intravenous drip line of

the chemotherapy medicines directly into a pic line in his arm, defendant CAPTAIN

THOMAS entered plaintiff’s hospital room.

12. Plaintiff was the sole occupant of the two (2) bedroom hospital room.

13. Plaintiff inquired of defendant THOMAS when he would receive assistance from hospital

medical staff for his shower.

14. Plaintiff was and remains incapable of standing, walking, and ambulating on his own

volition without any assistance.

15. Defendant THOMAS exited the room and inquired on behalf of plaintiff as to when he

would receive medical staff assistance for his shower.

16. Defendant THOMAS returned minutes later and informed plaintiff that he would have to

wait a short time.

17. Suddenly and without any provocation from plaintiff, defendant THOMAS became

enraged, and in an unprovoked tirade, called plaintiff derogatory names.

18. Defendants “JOHN DOES” Correction Officers employed by defendant City of New

York and the New York City Department of Correction, stationed outside plaintiff’s

hospital room, ran into the and pleaded with defendant THOMAS to stop arguing and

threatening plaintiff DAVID MARRERO. They stated that plaintiff had cancer and was ill

and for hims to leave plaintiff’s room.

19. Defendant THOMAS ordered them to step outside of plaintiff’s hospital room and to

close the door and order them not to the room under any circumstances.

20. As soon as Defendants “JOHN DOES” Correction Officers exited plaintiff’s hospital

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room, defendant THOMAS screamed at plaintiff, threatening him stating, “WHO THE

FUCK YOU THINK YOU ARE WITH ALL THESE LAWSUITS, AND YOU’LL GET

ALL THAT MONEY AND YOU STILL A BROKE ASS NIGGA”.

21. Plaintiff attempted to calm defendant THOMAS down, however plaintiff was laying on

his bed, too weak to stand, attached to an IV pole.

22. As plaintiff sat up in his bed, defendant THOMAS hovered over him, intimidating him an

screaming obscenities at him.

23. Defendants “JOHN DOES” Correction Officers outside in the hallway, tried to enter the

room and again were ordered to leave by defendant THOMAS who stated that he wants

to be alone with MARRERO.

24. Plaintiff MARRERO unsteadily stood on weakened legs, holding onto the IV pole to

steady himself.

25. Defendant THOMAS violently shoved plaintiff backwards onto the bed, then without any

cause nor provocation, repeatedly punched plaintiff about his head and face.

26. Plaintiff tried to defend himself and was afraid the pic line would be ripped from his arm.

27. Plaintiff was in fear for his life.

28. Defendants “JOHN DOES” Correction Officers, assigned to outpost room 16 west 42,

failed to intervene to prevent the unjust assault and battery upon plaintiff.

29. Plaintiff was denied medical attention for four (4) hours after he was violently attacked

and assaulted by defendant THOMAS.

30. Thereafter, defendant THOMAS filed a false report and notice of infraction against

plaintiff DAVID MARRERO with false charges against him to cover up the outrageous

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attack that he instigated and carried out upon plaintiff.

31. Plaintiff was never restrained by defendant THOMAS as he ran out of plaintiff’s hospital

room.

32. Upon information and belief Plaintiff sustained injuries to his head and face.

33. Plaintiff was not the aggressor.

34. Plaintiff was victimized, wrongfully and intentionally assaulted and battered by defendant

THOMAS, while the City, its agents, servants and employees, including but not limited

to Correction Officers JOHN DOES, Correction Officers of the New York City

Department of Correction, wrongfully, negligently, failed to intervene, and failed to

render assistance to the Plaintiff thereby allowing the plaintiff, DAVID MARRERO, to be

severely injured without any right or justifiable grounds therefore.

35. Plaintiff was deprived of his federal rights under color of state law, all by agents,

servants, and/or employees of The City of New York and The New York City Department

of Correction, when he was imprisoned and incarcerated as a pre-trial inmate at the

aforesaid location, while he was receiving chemotherapy treatment.

36. A Notice of Claim on behalf of DAVID MARRERO was served on Defendant, CITY.

37. A Notice of Claim on behalf of DAVID MARRERO was served on Defendant, DOC.

38. It has been stipulated and agreed to that a statutory hearing in this matter will be

conducted pursuant to General Municipal Law §50h upon the release of the Plaintiff.

39. More than thirty (30) days have elapsed since the filing of the Notices of Claim and the

Defendants, CITY and DOC, have refused to make adjustment for payment of the claim

and said claim remains unadjusted although duly demanded.

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40. That this action is commenced within one (1) year and ninety (90) days since the accrual

of the causes of action set forth herein.

41. That Plaintiff has met all the conditions precedents to the commencement of this action.

42. Defendant, CITY, maintains facilities for the incarceration of inmates and detainees at

Riker's Island and at the prison ward at Bellevue Hospital Center.

43. Defendant, CITY, manages the aforesaid facilities through DOC.

44. A claim is also made pursuant to 42 USC §§1981, 1983, and 1985 for deprivation of

Plaintiff’s federal rights under color of state law for failing to provide continuous medical

care and continuous medical treatment to plaintiff DAVID MARRERO.

45. This action falls within one or more of the exceptions contained in CPLR § 1602.

AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF
PLAINTIFF DAVID MARRERO FOR NEGLIGENCE

46. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs

"1" through "45" as though fully set forth herein at length.

47. That said incident and the injuries to plaintiff, DAVID MARRERO, resulting therefrom

were caused solely by the negligence, carelessness, and recklessness of Defendants, THE

CITY OF NEW YORK, THE CITY OF NEW YORK DEPARTMENT OF

CORRECTION, CAPTAIN “JOHN” THOMAS, and JOHN DOES (Correction Officers

whose names are not yet known or identified), acting as agents, servants, and employees,

both directly and vicariously.

48. Defendants, THE CITY OF NEW YORK, THE CITY OF NEW YORK DEPARTMENT

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OF CORRECTION, CAPTAIN “JOHN” THOMAS, and JOHN DOES (Correction

Officers whose names are not yet known or identified), as agents, servants and/or

employees, were negligent, reckless and careless as to allow and cause the attack of

Plaintiff, DAVID MARRERO, to occur by failing to protect plaintiff from defendant

THOMAS; in negligently and recklessly violating jail policy and protocol by negligently

placing the plaintiff alone with defendant THOMAS, who was heard threatening plaintiff

in his hospital room; in failing to follow NYC DOC protocol and protect plaintiff from

defendant THOMAS who intimidated and threatened plaintiff thus placing the plaintiff in

danger; in failing to provide safety and security so as to allow defendant THOMAS to

carry out the attack an doormat itto occur and did cause the plaintiff to be attacked by

defendant CAPTAIN THOMAS; in being deliberately indifferent to the safety of the

plaintiff; in negligently and recklessly allowing defendant CAPTAIN THOMAS to target

the plaintiff to be in close proximity to the plaintiff thus causing the plaintiff to be in

danger of attack; in all respects and otherwise failing to safeguard and protect the plaintiff

who was in the Defendants’ care, custody and control.

49. Defendants, THE CITY OF NEW YORK, THE CITY OF NEW YORK DEPARTMENT

OF CORRECTION, CAPTAIN “JOHN” THOMAS, and JOHN DOES (Correction

Officers whose names are not yet known or identified), as agents, servants and/or

employees, were negligent, reckless and careless by failing to provide timely medical

attention to the Plaintiff, DAVID MARRERO, to occur by failing to provide safety and

security so as to allow the attack to occur and in causing Plaintiff to be assaulted and

battered by defendant CAPTAIN THOMAS while a patient at Bellevue Hospital Center,

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admitted for chemotherapy treatment at Bellevue Hospital Center located at 462 First

Avenue, New York, New York, 10016, County of New York, City and State of New York.

50. As a result of said negligence and recklessness as alleged herein, the plaintiff, DAVID

MARRERO, was caused to suffer severe physical injuries and pain and suffering

resulting in severe trauma, including pain and suffering; emotional and psychological

distress and horror.

51. By reason of the foregoing, the plaintiff, DAVID MARRERO, demands judgment for

negligence against the defendants, Defendants, THE CITY OF NEW YORK, THE CITY

OF NEW YORK DEPARTMENT OF CORRECTION, CAPTAIN “JOHN” THOMAS,

and JOHN DOES (Correction Officers whose names are not yet known or identified), in a

sum exceeding the jurisdictional limits of all lower courts, which would otherwise have

jurisdiction.

AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF
DAVID MARRERO FOR NEGLIGENT HIRING AND RETENTION

52. Plaintiff repeats, repeats and re-alleges each and every allegation set forth above in

paragraphs "1" through "51" inclusive with the same and force and effects as if more

fully set forth at length.

53. The defendants, THE CITY OF NEW YORK and THE CITY OF NEW YORK

DEPARTMENT OF CORRECTION, did not exercise reasonable care and diligence in

the selection, engagement, employment and training of its agents, CAPTAIN “JOHN”

THOMAS, and JOHN DOES (Correction Officers whose names are not yet known or

identified), so as to cause injuries to the plaintiff, DAVID MARRERO.

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54. That the defendants, THE CITY OF NEW YORK and THE CITY OF NEW YORK

DEPARTMENT OF CORRECTION, had prior knowledge of the inappropriate, unlawful,

and improper conduct of the defendants, CAPTAIN “JOHN” THOMAS, and JOHN

DOES (Correction Officers whose names are not yet known or identified), and continued

to employ them and allowed them to be in contact with the public at large.

55. That upon information and belief, there is at least one ongoing investigation of

CAPTAIN “JOHN” THOMAS for multiple incidents of abuse and corruption while in the

employ of the defendants, THE CITY OF NEW YORK and THE CITY OF NEW YORK

DEPARTMENT OF CORRECTION.

56. The defendants, THE CITY OF NEW YORK and THE CITY OF NEW YORK

DEPARTMENT OF CORRECTION, improperly trained the correction officers so as to

permit the existence of the threats, intimidation and attack of the plaintiff to occur due to

the negligent training and hiring practices of the defendants, THE CITY OF NEW YORK

and THE CITY OF NEW YORK DEPARTMENT OF CORRECTION.

57. By reason of the foregoing, the plaintiff, DAVID MARRERO, demands judgment for

negligent hiring and retention against the defendants, THE CITY OF NEW YORK and

THE CITY OF NEW YORK DEPARTMENT OF CORRECTION, including but not

limited to CAPTAIN “JOHN” THOMAS and JOHN DOES (Correction Officers whose

names are not yet known or identified), in a sum exceeding the jurisdictional limits of all

lower courts, which would otherwise have jurisdiction.

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AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF
DAVID MARRERO FOR CIVIL RIGHTS VIOLATION – 42 U.S.C. Sec 1983

58. Plaintiff repeats, repeats and re-alleges each and every allegation set forth above in

paragraphs "1" through "57" inclusive with the same and force and effects as if more

fully set forth at length.

59. That at all times hereinafter mentioned, defendants, CAPTAIN “JOHN” THOMAS and

JOHN DOES (Correction Officers whose names are not yet known or identified),

engaged in the actions and conduct alleged herein in their official capacity as New York

City correction officers and under the color of law, regulation and ordinance.

60. That such actions served to deprive the plaintiff, DAVID MARRERO, of the rights and

privileges of the United States Constitution, the Fourteenth Amendment of the U.S.

Constitution and Sec. 1983 of 42 U.S.C., in particular, he was deprived of his right to due

process of law, of his right to happiness, to liberty, to be free from physical injuries and

the unwarranted use of physical force, and ultimately to the most fundamental right: his

right to safety due to a failure to protect.

61. The defendants, THE CITY OF NEW YORK and THE CITY OF NEW YORK

DEPARTMENT OF CORRECTION, has as a matter of policy and practice and with

deliberate indifference failed to adequately train, supervise, discipline, sanction or

otherwise direct its correction officers, including the officers involved in this case,

regarding the protection of the constitutional rights of citizens.

62. The defendants, THE CITY OF NEW YORK and THE CITY OF NEW YORK

DEPARTMENT OF CORRECTION, had both actual and constructive notice of the

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existence of the program and it has served to encourage and sanction the correction

officers’ unlawful conduct described above by their inaction, and this was a proximate

cause of the violations of the plaintiff, DAVID MARRERO’s constitutional rights as of

April 4, 2018 and continuing thereafter for a period of time.

63. As a result of the aforesaid, Plaintiff, DAVID MARRERO, was damaged in an amount

exceeding the jurisdictional limits of all lower courts which would otherwise have

jurisdiction.

64. By reason of the foregoing, the plaintiff, DAVID MARRERO, demands judgment for

civil rights violations against the defendants, THE CITY OF NEW YORK and THE

CITY OF NEW YORK DEPARTMENT OF CORRECTION, including but not limited to

CAPTAIN “JOHN” THOMAS and JOHN DOES (Correction Officers whose names are

not yet known or identified), in a sum exceeding the jurisdictional limits of all lower

courts, which would otherwise have jurisdiction.

AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF
DAVID MARRERO FOR GROSS NEGLIGENCE ND PUNITIVE DAMAGES

65. Plaintiff repeats, repeats and re-alleges each and every allegation set forth above in

paragraphs "1" through "64" inclusive with the same and force and effects as if more

fully set forth at length.

66. The actions of the defendants herein above alleged, were malicious, willful and grossly

negligent.

67. The defendants, THE CITY OF NEW YORK and THE CITY OF NEW YORK

DEPARTMENT OF CORRECTION, authorized, permitted and ratified the unlawful and

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grossly negligent acts of defendants, CAPTAIN “JOHN” THOMAS and JOHN DOES

(Correction Officers whose names are not yet known or identified), in a sum exceeding

the jurisdictional limits of all lower courts, which would otherwise have jurisdiction.

AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF
DAVID MARRERO FOR DEPRIVATION OF CIVIL RIGHTS EQUAL PROTECTION
VIOLATION- 42 U.S.C. SECTION 1983

68. Plaintiff repeats, repeats and re-alleges each and every allegation set forth above in

paragraphs "1" through "67" inclusive with the same and force and effects as if more

fully set forth at length.

69. That at all times hereinafter mentioned, defendants, CAPTAIN “JOHN” THOMAS and

JOHN DOES (Correction Officers whose names are not yet known or identified),

engaged in the actions and conduct alleged herein in their official capacity as New York

City correction officers and under the color of law, regulation and ordinance.

70. That such actions served to deprive the plaintiff, DAVID MARRERO, of the rights and

privileges of the United States Constitution, the Fourteenth Amendment of the U.S.

Constitution and 42 U.S.C. Section 1983, in particular, he was deprived of his right to

equal protection of law, of his right to happiness, to liberty, to be free from unequal

treatment and the violation of privacy.

AS AND FOR A SIXTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF
DAVID MARRERO FOR NEGLIGENCE

71. Plaintiff repeats, repeats and re-alleges each and every allegation set forth above in

paragraphs "1" through "70" inclusive with the same and force and effects as if more

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fully set forth at length.

72. The defendants, THE CITY OF NEW YORK and THE CITY OF NEW YORK

DEPARTMENT OF CORRECTION, including but not limited to defendants CAPTAIN

“JOHN” THOMAS and JOHN DOES (Correction Officers whose names are not yet

known or identified), were negligent in that they failed to render timely and adequate

medical attention to plaintiff DAVID MARRERO thereby exacerbating his injury.

73. Defendant, CAPTAIN “JOHN” THOMAS and JOHN DOES (Correction Officers whose

names are not yet known or identified), violated the rights of Plaintiff, DAVID

MARRERO, secured to him under the 8th Amendment and the 14th Amendment to the

Constitution of the United States of America.

74. Defendant, CAPTAIN “JOHN” THOMAS, acting under color of law, violated the rights

of Plaintiff, DAVID MARRERO, secured to him under 42 U.S.C. §1983.

75. Defendant, CAPTAIN “JOHN” THOMAS, filed false allegation and charges of assault

against plaintiff which thereby denied plaintiff access to medical care and treatment for a

period of up to four (4) hours.

76. Defendant, CAPTAIN “JOHN” THOMAS, after assaulting plaintiff and filing false

charges claiming that plaintiff had assaulted him inside the hospital room, thereby caused

nursing and hospital staff to deny or unreasonably delayed Plaintiff, DAVID MARRERO,

access to a physician for diagnosis and treatment to the injury to his face, head, eye, and

bodily injuries.

77. The aforesaid constituted deliberate, willful, wanton indifference on the part of

Defendant, CAPTAIN “JOHN” THOMAS, to the right of inmates and/or detainees access

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to medical care and treatment, and, more specifically, to the rights of Plaintiff, DAVID

MARRERO, to access to medical care and treatment.

78. As a result of the aforementioned, Defendant, CAPTAIN “JOHN” THOMAS, violated

rights of Plaintiff, DAVID MARRERO, secured to him under the 8th Amendment and

14th Amendment of the Constitution of the United States of America, and under 42

U.S.C. §1983.

79. As a result of the aforementioned, Defendant, CAPTAIN “JOHN” THOMAS, violated

the rights of Plaintiff, DAVID MARRERO, secured to him under the 8th Amendment of

the Constitution of the United States of America to be free from cruel and unusual

punishments.

80. Defendants denied Plaintiff to the right of access to medical care and treatment in

violation of his civil rights.

81. Defendants violated Plaintiff, DAVID MARRERO’s, civil rights, including the 8th

Amendment and 14th Amendment of the United States Constitution and 42 U.S.C. §1983.

82. Defendants' actions were undertaken under color of law and would not have existed, but

for said Defendants using their official power.

83. Plaintiff, DAVID MARRERO, was caused to be injured, and to undergo pain and

suffering as a result of the aforementioned willful, wanton and deliberate indifference on

the part of Defendants.

84. This action falls within one or more of the exceptions enumerated by Section 1602 of the

CPLR. Plaintiff asserts, based upon the information presently available at the pre-

discovery stage, the applicable exception to “Article 16” including, but not limited to the

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following:

1. CPLR Section 1602, Subdivision 7, relating to “the defendants’ having acted with

reckless disregard for the safety of others’.

2. CPLR Section 1602, Subdivision 11, relating to “the defendants’ having acted

knowingly or intentionally and in concert to cause the act or failures”.

75. As a result of the aforesaid, Plaintiff, DAVID MARRERO, was damaged in an amount

exceeding the jurisdictional limits of all lower courts which would otherwise have

jurisdiction.

WHEREFORE, Plaintiff DAVID MARRERO, demands judgment both

compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts

on all causes of action together with interest, costs, and disbursements; in addition to attorneys’

fees on the causes of action and punitive damages on these causes of action.

Dated: Brooklyn, New York
July 12, 2019

Yours, Etc.,

_____/s/Pamela S. Roth__________
PAMELA S. ROTH

LAW OFFICE OF PAMELA S. ROTH,
ESQ. P.C.
Attorney for Plaintiff
DAVID MARRERO
Address and P.O. Box
2747 Coney Island Avenue
Brooklyn, NY 11235
(888) 466-4884

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Case Info

Judge

J. Machelle Sweeting Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

July 17, 2019

Case Filing Date

July 17, 2019

County

Parties

Captain john Thomas Shield #1120 Defendant
City of New York Defendant
Counsel, Corporation Attorney for the Defendant
Counsel, Corporation Attorney for the Defendants
David Marrero Plaintiff
IGOE, HUNTER TOMAS Attorney for the Defendant
John Does Correction Officers whose names are not yet known or identified Defendant
ROTH, PAMELA SUSAN Attorney for the Plaintiff
The New York City Department of Correction Defendant
SHAWN CLARK Attorney
MICHELLE KO Attorney
ELLIE SILVERMAN Attorney

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