Preview
FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAMAAL COLESON, DONTAE WALKER,
Plaintiffs, SUMMONS WITH
VERIFIED COMPLAINT
-against-
Index No.:
THE CITY OF NEW YORK, THE NEW YORK CITY Date Purchased:
POLICE DEPARTMENT, POLICE OFFICERS JOHN DOE,
JIM DOE, JAMES DOE AND JANE DOE (FICTITIOUS Plaintiff designates Kings
NAMES BECAUSE THEIR IDENTITIES ARE County as the place of trial.
UNKNOWN), ALL AS POLICE OFFICERS AND IN THEIR The basis of the venue is that
INDIVIDUAL CAPACITIES, Kings County is the place
Defendants, where the cause of action
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To the above named Defendant(s):
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 Plaintiffs’ Attorney with twenty (20) days after the service of this summons,
exclusive of the day of service thirty (30) days after the service is complete if the summons is not
personally delivered to you within the State of New York; and in case of your failure to appear or
answer, judgement will be taken against you by default for the relief demanded in the complaint.
Dated: New York, New York
December 24, 2020
/s/ ROYCE RUSSELL
Royce Russell
R-SQUARE, ESQ. PLLC.
Attorneys for Plaintiffs
112 West 34th Street #18 FL.
New York, New York 10120
(718) 785-8890
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Defendants’ address:
City of New York
c/o Office of the Corporation Counsel
100 Church Street
New York, New York 10007
The New York City Police Department
1 Police Plaza
New York, New York 10038
Officer John Doe #1
1 Police Plaza
New York, New York 10038
Officer Jim Doe #2
1 Police Plaza
New York, New York 10038
Officer James Doe #3
1 Police Plaza
New York, New York 10038
Officer Jane Doe #4
1 Police Plaza
New York, New York 10038
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAMAAL COLESON, DONTAE WALKER,
Plaintiffs,
VERIFIED COMPLAINT
-against- Index No.:
THE CITY OF NEW YORK, THE NEW YORK CITY POLICE
DEPARTMENT, POLICE OFFICERS JOHN DOE, JIM DOE,
JAMES DOE AND JANE DOE (FICTITIOUS NAMES BECAUSE
THEIR IDENTITIES ARE UNKNOWN), ALL AS POLICE
OFFICERS AND IN THEIR INDIVIDUAL CAPACITIES,
Defendants,
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The Plaintiffs, Jamaal Coleson and Dontae Walker, by their Attorney, R-SQUARE, ESQ.,
PLLC., complaining of the Defendants respectfully shows to this court and alleges:
1. Upon information and belief, that at all times hereinafter mentioned, the Defendants, The
City of New York, hereinafter referred to as “City”, was, and still is, a municipal
corporation duly organized and existing under and by virtue of the laws of the State of
New York.
2. Upon information and belief, at all times mentioned, the Defendant, The City of New
York, i.e. “City”, its agents, servants and/or employees operated, maintained and
controlled the New York City Police Department, hereinafter referred to as “NYPD”,
including all the police officers and correction officers therein.
3. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020,
at approximately 4:15 p.m., Police Officer John Doe, described as a white male officer
with reddish beard, hereinafter referred to as “John” was employed as a Police Officer by
the “City” and/or “NYPD”, and at all relevant times set forth below acted in the capacity
of a police officer.
4. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020,
“John”, was acting within the scope of his/her employment as a police officer and under
the direction of the “City” as their agent, servant, and/or employee.
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5. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020,
at approximately 4:15 p.m., Police Officer Jim Doe, described as a African American male
officer, hereinafter referred to as “Jim” was employed as a Police Officer by the “City”
and/or “NYPD”, and at all relevant times set forth below acted in the capacity of a police
officer.
6. Upon information and belief at all times mentioned, and on the 11th day of January, 2020,
“Jim”, was acting within the scope of his/her employment as a police officer and under
the direction of the “City” as their agent, servant, and/or employee.
7. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020,
at approximately 4:15 p.m., Police Officer James Doe, described as a white male officer
with black beard standing at 6’3” tall, hereinafter referred to as “James” was employed as
a Police Officer by the “City” and/or “NYPD”, and at all relevant times set forth below
acted in the capacity of a police officer.
8. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020,
“James”, was acting within the scope of his/her employment as a police officer and under
the direction of the “City” as their agent, servant, and/or employee.
9. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020,
at approximately 4:15 p.m., Police Officer Jane Doe, described as a white female officer
with blonde hair and glasses, hereinafter referred to as “Jane” was employed as a Police
Officer by the “City” and/or “NYPD”, and at all relevant times set forth below acted in
the capacity of a police officer.
10. Upon information and belief, at all times hereinafter mentioned and on the 11th day of
January, 2020, “Jane” was acting within the scope of his/her employment as a police
officer and under the direction of the “City” as their agent, servant, and/or employee.
11. Collectively, “John,” “Jim,” “James,” and “Jane” will hereinafter be referred to as the
“Officer(s)”.
12. Upon information and belief, the “Officer(s),” were screened, interviewed, hired by the
“City,” trained by the “City,” was retrained by the “City,” monitored, supervised and/or
disciplined by the “City.”
13. The Plaintiffs, Jamaal Coleson and Dontae Walker, hereinafter referred to as
“Jamaal/Plaintiff,” and “Dontae/Plaintiff,” are residents of Kings County and reside
respectively at 163 Ten-Eck Street, Brooklyn, New York 11206 and 139-54 232nd Street,
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Laurelton, New York 11413. Both Plaintiffs timely filed and served a Notice of Claim on
the City. They are both United States citizens.
14. On January 11th, 2020 at approximately 4:15 p.m., the Plaintiffs were lawfully at the
location of 162 Maujer Street and Graham Avenue in the State of New York, County of
Kings.
15. At that time and place, Jamaal was one of four cars doubled-parked.
16. While doubled parked, with hazard lights operating but engine off, the Plaintiffs observed
an unmarked police vehicle drive around the block twice.
17. During this time, Jamaal continued to engage in conversation with another male family
member, who had arrived and stood outside his vehicle while Jamaal waited to drive his
daughter to a birthday party.
18. “Officer(s)” in an unmarked police car, the same vehicle that Jamaal observed prior, drove
directly toward the Plaintiffs followed by a blue and white patrol car.
19. Simultaneously, another unmarked vehicle driving in the opposite direction of traffic
blocked the Plaintiffs from moving.
20. “Officer(s)” then approached Jamaal, although there were other double-parked cars with
passengers inside their vehicles and ordered Jamaal to produce his driver’s license.
21. Jamaal with his window slightly opened informed “John” that he had to turn on his vehicle
to power the windows all the way down.
22. Jamaal then provided his driver’s license and asked what the purpose of the stop was and
why he needed to provide his driver’s license.
23. “John” replied stating that Jamaal was blocking traffic, to which Jamaal responded and
indicated “There are other double-parked cars, why are you approaching us?”.
24. Plaintiff then informed “John” that he wanted to retrieve his registration from his glove
compartment, at which time, said “Officer(s)” opened Jamaal’s car door and ordered him
out the vehicle.
25. While being grabbed out and pushed towards the back of his vehicle, Jamaal stated that
he has family members that are fellow officers and members of the service and how he
respects the “Officer(s)” job.
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26. “John” then replied, “What the fuck are they going to do?” and the Plaintiff was then
searched illegally for which he possessed no illegal contraband.
27. Plaintiff had stated that nothing illegal was in his car for which the “Officer(s)”
nonetheless illegally searched his vehicle. “Officer(s)” also illegally searched Plaintiff’s
bags inside of the vehicle and the trunk.
28. During this time, Jamaal repeatedly stated how he respected the police and that he has
family members that are fellow officers and members of the service. “John” again replied
with profanity and stated, “Fuck them, where are they now?”
29. Plaintiff Dontae Walker was also present in the vehicle, seated in the passenger seat while
Jamaal was being illegally detained and searched by “John.”
30. As Dontae was seated in the passenger seat he was approached by “Jim,” who ordered
Dontae out the vehicle as well. “Jim” opened the door to the vehicle pulling Dontae out.
31. Dontae asked if he was being detained or arrested and “Jim” replied, “Detained,” and then
illegally searched Donte by patting him down and then removing personal items from one
pocket and placing them into another.
32. Dontae was then pushed towards the back of Jamaal’s vehicle as he asked, “What is the
issue?”. In the same moment, Dontae could hear “James” yelling at Jamaal.
33. “James and/or John” was yelling at Jamaal stating, “We can do this the easy way or we
can take you down with a warrant.”
34. “James and/or John” then showed Jamaal a picture on his phone, for which Jamaal said
“You’re not going to take me anywhere because I have no warrants.”
35. “James and/or John” replied, “I know your record.” Jamaal then responded and said, “I
was convicted in 2008 and since that time I have been working with the elderly and have
not had any police contact.”
36. “James and/or John” responded, “Keep fucking with me and both of you will have a
fucked up weekend.” Dontae interrupted and suggested that everyone calm down and
stated they were complying with the “Officer(s).”
37. Dontae further stated, “You guys pulled me out the car, searched me illegally and never
even asked for my identification.” At this time, “Jane” ordered for his identification.
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38. As Dontae went to comply with “Jane’s” order “John and/or James” forcibly grabbed and
twisted Dontae’s hand/wrist.
39. Dontae yelled, “What are you doing?” then “Jim” illegally went into his pockets and
produced his identification and then slapped the wallet and identification onto Dontae’s
chest.
40. During the false detention, a crowd formed and began to video record the detention.
Jamaal stated that Dontae was a good guy and he just took the Correction Officer’s Exam.
41. “Officer James” then began to criticize Dontae calling him a “Bum”, saying “Look how
you dress and look at the neighborhood you live in” as well as criticized his hair style.
42. Said “Officer(s)” further threatened to handcuff Dontae in front of his niece as she stood
crying observing the false detention. “John” also tried to antagonize Dontae by asking him
if he wanted to punch “John” and how they could fight.
43. Dontae stated, “You have a badge, why would I do that”?
44. Jamaal, at this time, after the “Officer(s)” were talking to themselves, observed the Sargent
give eye contact to the “Officer(s)” present. Immediately thereafter the “Officer(s)”
escorted the Plaintiffs back to Jamaal’s vehicle.
45. “Jane” asked Jamaal if he wanted her card for which Jamaal did not respond.
46. Plaintiffs were not charged with any crimes and after the false detention were allowed to
leave.
47. All aforementioned conduct was committed by the City of New York, their agents,
servants or employees, while acting within the scope of their employment.
48. The City of New York, their agents, servants, or employees intended to confine the
Plaintiffs; the Plaintiffs were conscious of said confinement and did not consent thereto,
and the confinement was not otherwise privileged, all without just right, probable cause
and without grounds therefore.
49. The “City,” their agents, servants and employees as aforementioned committed battery
and assault upon the Plaintiffs without just cause or justification, and in an excessive
manner and force, intentionally caused physical contact, causing serious injuries to
Plaintiffs’ mind and body.
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50. Plaintiffs were aware of the threat of imminent harm and unconsented contact and actually
feared it while the “Officers” had the apparent ability to cause said unlawful and
unconsented contact and harm and actually caused it to occur.
51. The Defendants violated the Plaintiffs’ Civil Rights under 42 USCS § 1983, § 1985 and
1986 and 28 USCS §§ 1331 and 1343, in that the Plaintiffs were deprived of their rights,
privileges and immunities secured by the Constitution and laws of the United States of
America by one who, under color of a statute or regulation of a State, cause the Plaintiffs
to be so deprived as stated in this Complaint, and in that Defendants, their agents, servants,
and employees illegally seized, battered, and arrested the Plaintiffs absent any justifiable
reason for doing so; acted with racial animus; conspired to deprive the Plaintiffs of due
process and equal protection under the law, engaged in a cover up; denied the Plaintiffs
prompt and necessary medical attention, maliciously prosecuted the Plaintiffs; failed to
intervene, stop of report the misconduct of fellow officers while having the ability to do
so; and other and further violations of Plaintiffs’ rights and privileges secured to them
under the Constitution and laws of the United States of America by one who, under color
of a statute or regulation of a State, caused Plaintiffs to be so deprived of their rights,
privileges and immunities secured to them under the Constitution of the United States and
the State of New York.
52. The Defendants were negligent in failing to use such care in the performance of police
duties as a reasonably prudent and careful police officer or officers would have used under
similar circumstances, in permitting the police officers to continue to perform their duties
in an improper, negligent, careless and reckless manner all without any negligence on the
part of the Plaintiffs contributing thereto.
53. The Defendants “City” and/or “the NYPD” were negligent in supervising, monitoring,
assigning, reviewing, disciplining and promoting the subject officers.
54. Plaintiffs, Jamaal Coleson and Dontae Walker, were and are, at all times innocent of all
charges and had committed no crime.
55. The Notice of the Plaintiffs’ Claim and Notice of Intention to sue for damages eliciting
the nature of claim, the date of, the place where and the manner in which the claim arose
were duly served upon the Comptroller of the Defendant “City.”
56. That a 50(h) hearing was held on June 18, 2020.
57. That more than 30 days have elapsed since the Notice of Claim and intention to sue has
been served upon the Defendants and the said Defendants have neglected or refused to
make any adjustment or payment thereof.
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58. That this action is commenced within one year and 90 days after the cause of action arose
59. That this action falls within one of the exceptions of CPLR §1601.
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFFS AGAINST
ALL NAMED DEFENDANTS FOR FALSE IMPRISONMENT
60. The Plaintiffs repeat, reiterate and reallege each and every allegation contained in
paragraphs marked “1” through “59” with the same force and effect as if more fully and
at length set forth herein.
61. That beginning on or about the 11th day of January, 2020, at the approximate hour of 4:15
p.m., the Defendants, and their agents, servants, and/or employees intentionally
handcuffed, battered and imprisoned the Plaintiffs, without any just cause or grounds
therefore and held them against their will under full force of arms.
62. That said imprisonment was caused by the Defendants “City” and/or “NYPD”, their
agents, servants, and/or employees, without any warrant or other legal process and without
authority of the law and without any reasonable grounds, or causes to believe that the
Plaintiffs were guilty of any crimes.
63. The Plaintiffs were wholly innocent and did not contribute in any way or manner to their
imprisonment by the Defendants, their agents, servants and/or employees, and were forced
to submit to the aforesaid imprisonment entirely against their will.
64. That the Defendants, their agents, servants and/or employees, as set forth above, intended
to confine the Plaintiffs; the Plaintiffs were conscious of the confinement; they did not
consent to the confinement; and the confinement was not otherwise privileged.
65. That the Plaintiffs were confined against their will until they were released.
66. That by reason of the aforesaid false imprisonment and detention, Plaintiffs were
subjected to great indignity, humiliation, loss of work and loss of freedom, and the said
Plaintiffs have been otherwise damaged.
67. That by reason of the aforesaid, the Plaintiffs have been damaged in an amount exceeding
the jurisdictional limits of the lower courts.
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AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFFS
FOR FALSE DETENTION/ARREST
68. The Plaintiffs repeat, reiterate and reallege each and every allegation contained in
paragraphs marked "1" through "67" with the same force and effect as if more fully and
at length set forth herein.
69. That beginning on or about the 11th day of January, 2020, at the approximate hour of 4:15
p.m. at or near the location of 162 Maujer Street and Graham Avenue, the Plaintiffs were
placed under arrest by the Defendants “Officer(s)”, their agents, servants and/or
employees without any just cause or grounds, and held against their will under full force
of arms until they were released hours later.
70. That the Plaintiffs were falsely detained/arrested and accused by the Defendants, their
agents, servants and/or employees.
71. That said imprisonment was caused by the Defendants “City” and/or “NYPD”, their
agents, servants, and/or employees, without any warrant or other legal process and without
authority of the law and without any reasonable grounds, and based on an illegal seizure
and search of the Plaintiffs, when the Defendants “Officer(s)” lacked cause to believe that
the Plaintiffs committed, or were about to commit a crime or were guilty of any crimes.
72. The Plaintiffs were wholly innocent of all criminal charges and did not contribute in any
way or manner to their detention and arrest by the Defendants, their agents, servants and/or
employees, and were forced to submit to the aforesaid detention, arrest and confinement
entirely against their will.
73. That the Defendants “City” and/or “NYPD”, their agents, servants and/or employees, as
set forth above, intended to seize, search, and arrest the Plaintiffs; that the Plaintiffs were
conscious of the detention, arrest and confinement; the Plaintiffs did not consent to the
imprisonment, detention, arrest and confinement; and the imprisonment, detention, arrest
and confinement was not otherwise privileged.
74. That by reason of the aforesaid false arrest, Plaintiffs were subjected to great indignity,
humiliation, stress and loss of freedom and the said Plaintiffs have been otherwise
damaged.
75. That by reason of the aforesaid, the Plaintiffs have been damaged in an amount exceeding
the jurisdictional limits of the lower courts.
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AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF THE PLAINTIFFS FOR
BATTERY AND ASSAULT
76. The Plaintiffs repeat, reiterate and re-allege each and every allegation contained in
paragraphs marked "1" through "75” with the same force and affect as if more fully and
at length set forth herein.
77. Plaintiff Donate was seized, searched, forcibly grabbed, pushed battered, assaulted, hit in
the chest and had his wrist twisted as he was and physically and emotionally brutalized
by the Defendant, “City”, and/or the “NYPD,” its agents/servants, and/or employees,
including Defendant “Officer(s).” Plaintiff Jamaal was forcibly grabbed and pushed in the
back several times as he was physically and emotionally brutalized by the Defendant,
“City”, and/or the “NYPD,” its agents/servants, and/or employees, including Defendant
“Officer(s).”
78. That all said contact was committed without the Plaintiffs’ permission or consent.
79. That all said contact was unlawful and without privilege.
80. That the use of force was excessive and without justification.
81. That all contact committed by Defendants “City” and/or “NYPD” through their agents,
servants, and/or employees, including the Defendant “Officer(s),” were offensive to the
Plaintiffs and caused them to fear further contact and imminent harm, and caused the
Plaintiffs to sustain physical and/or psychological injuries.
82. That the above acts committed by the Defendants “Officer(s)” constituted a battery and/or
assault of the Plaintiffs.
83. That by reason of the aforesaid, the Plaintiffs have been damaged in a sum exceeding the
jurisdictional limits of lower courts.
AS AND FOR A FOURTH CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFFS FOR NEGLIGENCE
84. The Plaintiffs repeat, reiterate and re-allege each and every allegation contained in
paragraphs marked "1" through "83” with the same force and affect as if more fully and
at length set forth herein.
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85. That the Defendants, “City” and/or “NYPD” were careless and reckless in hiring,
retaining, assigning, training and failing to retrain, monitoring, supervising and promoting
as and for its employees, Defendants “Officer(s),” in that said employee(s) lacked the
experience, deportment and ability to be employed by the Defendants in the capacity in
which they were utilized, i.e. as Police Officers; in that the Defendant, “City” and/or
“NYPD” failed to exercise due care and caution in its hiring and promoting practices; in
that the Defendant “City” and/or “NYPD” failed to investigate the above named
employees’ backgrounds; in that the “City” and/or “NYPD” failed to properly train,
supervise and monitor the “Officer(s)”; and in that the Defendant “City” and/or “NYPD”
were negligent in disciplining, retaining and retraining the named Defendants
“Officer(s)”; and in that the Defendants, their agents, servants and employees, were
otherwise careless, negligent and reckless.
86. That upon information and belief, the “City” by and through its agents had received
numerous civilian complaints and/or lawsuits, against Defendants “Officer(s)” and/or the
“NYPD,” that they were assigned to, prior to their seizure, search, and discourtesy,
fabrication of evidence and battery and assault of the Plaintiffs on January 11, 2020.
87. That the “City” failed to properly retrain said “Officer(s)”, negligently continued to
employ said “Officer(s)”, negligently retrained “Officer(s)” despite evidence of their
police misconduct and continued to assign said “Officer(s)” to act in their capacities as
Police Officers without proper supervision, training and discipline.
88. That the “Officer(s),” while acting within the scope of their employment, were negligent
in that each failed to use such care in the performance of their police duties as a reasonable
prudent and careful police officer would have used under similar circumstances, in that
each was negligent, careless and reckless in the manner in which they investigated and/or
performed their police duties; in that they failed to intervene or mitigate police
misconduct; in that the police department permitted or conducted the false arrest and/or
permitted the submission of false documentation by these and other officers; and in that
the defendants “Officer(s),” their agents, servants and/or employees were otherwise
careless, reckless and negligent.
89. That the aforesaid occurrence, to wit: battery and assault, false detention, arrest and
imprisonment, and the resulting injuries to mind and body therefrom, were caused wholly
and solely by reason of the negligence of the Defendants, its agents, servants and/or
employees including Defendants “Officer(s)” without any negligence on the part of the
Plaintiffs contributing thereto.
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90. That by reason of the aforesaid, the Plaintiffs, were imprisoned, lost their freedom, and
were stressed, and they were thereby damaged.
91. That by reason of the aforesaid, the Plaintiffs have been damaged in a sum exceeding the
jurisdictional limits of the lower court.
AS AND FOR A FIFTH THROUGH EIGHTH CAUSES OF ACTION:
FOR VIOLATIONS OF PERSONAL CONSTITUTIONAL RIGHTS UNDER 42
U.S.C. §§ 1983, 1985 AND 1986 AGAINST THE CITY OF NEW YORK
92. The Plaintiffs repeat, reiterate and reallege each and every allegation contained in
paragraphs marked “1” through “91” with the same force and effect as if more fully and
at length set forth herein.
93. That on or about the 11th day of January, 2020, at the approximate hour of 4:15 p.m. at or
near 162 Maujer Street and Graham Avenue, the “Officer(s)” were present thereat as part
of their regular and official employment as Police Officers for the Defendant, “City.”
94. Plaintiffs were lawfully and properly at said location when the “Officer(s)” acting as
agents, servants and/or employees of the Defendants “City,” forcibly stopped, seized, and
frisked the Plaintiffs absent of just cause, provocation or reason. The Plaintiffs had not
engaged in any criminal conduct or suspicious activity and were following all procedures
according to the law. However, “Officer(s)” still proceeded with aggressive force against
the Plaintiffs.
95. The Plaintiffs were retaliated against by the “Officer(s)” who illegally, seized, searched,
battered, assaulted, arrested, searched because they questioned why out of the four
doubled-parked vehicles, the Defendants confronted the Plaintiffs, alleging they were
blocking traffic.
96. Upon information and belief, the “Officer(s)” were required to fill out a stop, question and
frisk report.
97. Upon information and belief, they did not fill out and submit a stop, question and frisk
report or stop, question and frisk report worksheet as required.
98. Defendants failed to activate their respective body cameras to properly record the stop,
frisk and arrest of Jamaal Coleson and Dontae Walker.
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99. Upon information and belief, the “Officer(s)” fabricated a reason for searching the
Plaintiffs.
100. Further, the other named “Officer(s)”, present at the Plaintiffs’ arrest, failed to report the
false arrest.
101. Likewise, when the Defendants “Officer(s)” were abusive to the Plaintiffs, no “Officer(s)”
intervened or reported the misconduct as required by the New York City Patrol Guidelines.
102. Upon information and belief, to date no disciplinary action has been taken against the
offending “Officer(s)” for engaging in said conduct or for failing to intervene, stop it or
report it or have their body cameras activated at the time of the incident concerning
Plaintiffs.
103. That in order to cover up their misconduct, the “Officer(s)” individually and/or
collectively, conspired to file false police reports, give false statements and/or sign a false
Criminal Court Complaint for the purpose of falsely imprisoning, falsely arresting and/or
maliciously prosecuting the Plaintiffs.
104. That said acts constituted an illegal seizure of the Plaintiffs and deprived the Plaintiffs of
their rights and liberties set forth in the 4th and 14th Amendments of the Constitution of the
United States and of the State of New York and under 42 U.S.C. Sections 1983 and/or 1986.
105. That said acts constituted acts of cruel and unusual punishment and deprived the Plaintiffs
of their rights and liberties set forth in the 8th and 14th Amendments of the Constitution of
the United States and of the State of New York and under 42 U.S.C. Sections 1983, 1985
and/or 1986.
106. That said acts constituted acts that violated the Plaintiffs’ freedom as protected under the
1st and 14th Amendments of the Constitution of the United States and of the State of New
York and under 42 U.S.C. Sections 1983, 1985 and/or 1986.
107. That said acts constituted acts of fabricating evidence, filing false reports and giving false
statements, and such acts deprived Plaintiffs of their rights and liberties as set forth in the
5th and 14th Amendments of the Constitution of the United States and of the State of New
York and under 42 U.S.C. Sections 1983, 1985 and/or 1986.
108. That Plaintiffs, are African American males, were deprived of their right to equal
protection under the law and were targeted and their rights violated based on their race, a
violation of the Equal Protection Clause under the 14th Amendments of the Constitution of
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the United States and of the State of New York and under 42 U.S.C. Sections 1983, 1985
and/or 1986.
109. That the “Officer(s)” conspired by and through their conduct, including, among other
things, their overt acts, their failure to intervene, stop and report, threatening witnesses, and
the falsification of reports and evidence to deprive or hinder the Plaintiffs’ right to justice,
and to injure them.
110. Upon information and belief, Police Officers are rarely prosecuted, disciplined or
investigated for providing false statements, filing false reports, failing to intervene or report
misconduct, and/or making false arrests.
111. The “Officer(s)” herein conspired to deprive the Plaintiffs of equal protection under the
law and substantive due process. The “City’s” deliberate indifference to their conduct made
such violations possible.
112. That the Plaintiffs’ false detention confinement, arrest, imprisonment, battery and assault,
violation of their constitutional rights resulted from the Defendant, “City’s” practices,
policies and/or customs, and/or their deliberate indifference to patterns and/or police
practices which included excessive use of force; illegal use of police equipment; failing to
follow police guidelines; failing to monitor or discipline police misconduct; failing to gather
evidence when allegations of police misconduct are involved; condoning a code of silence
within the police department regarding misconduct; filing resisting arrest charges to cover
up illegal use of force by police; engaging in racial profiling; failing to properly supervise,
train, investigate or discipline “Officer(s)”; engaging in illegal stop, question and frisks,
permitting or condoning illegal stop, search and seizure of property and persons, any and/or
all of the above contributing to Plaintiffs’ false arrest and prosecution, and injuries.
113. Defendants “Officer(s)” actions on January 11, 2020 were performed under the color of
law and the policies, statutes, ordinances, rules, practices and regulations of the City of New
York, and they were performed to the detriment of the Plaintiffs.
114. That Plaintiffs did not commit any illegal act, either before or at the time they were falsely
detained, arrested, imprisoned, battered, assaulted, and deprived of their constitutional
rights as set forth in the Constitution of the United States, particularly 42 U.S.C. Sections
1983, 1985 and 1986 and the Constitution of the State of New York.
115. That by reason of the aforesaid, the Plaintiffs were deprived of their liberty, lost income,
freedom, battered, assaulted injured, and they were damaged.
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116. That by reason of the aforesaid, the Plaintiffs have been damaged in a sum exceeding the
jurisdictional limits of the lower court and seeks compensatory and punitive damages, costs,
attorney(s) fees, and expert fees as provided by 42 U.S.C. Sections 1983, 1985, 1986 and
1988, and such other relief as to the court may seem just and proper.
AS AND FOR A NINTH THROUGH TWELFTH CAUSES OF ACTION: ALLEGING
VIOLATION OF CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. SECTION 1983, BY
POLICE OFFICERS JOHN, JIM, JAMES AND JANE IN THEIR INDIVIDUAL
CAPACITIES AND AS AGENTS OF THE CITY OF NEW YORK, THE PLAINTIFFS
ALLEGE:
117. The Plaintiffs repeat, reiterate and reallege each and every allegation contained in
paragraphs marked “1” through “116” with the same force and effect as if more fully and
at length set forth herein.
118. That at all times hereinafter mentioned, the Defendant “John” was employed by the
Defendant, The City of New York and/or The New York City Police Department and was
acting under the color of his official capacity and his acts were performed under the color
of the policies, statutes, ordinances, rules and regulations of the City of New York.
119. That at all times hereinafter mentioned, the Defendant “Jim” was employed by the
Defendant The City of New York and/or The New York City Police Department and was
acting under the color of his official capacity and his acts were performed under the color
of the policies, statutes, ordinances, rules and regulations of the City of New York.
120. That at all times hereinafter mentioned, the Defendant “James” was employed by the
Defendant The City of New York and/or The New York City Police Department and was
acting under the color of his official capacity and his acts were performed under the color
of the policies, statutes, ordinances, rules and regulations of the City of New York.
121. That at all times hereinafter mentioned, the Defendant “Jane” was employed by the
Defendant The City of New York and/or The New York City Police Department and was
acting under the color of his official capacity and his acts were performed under the color
of the policies, statutes, ordinances, rules and regulations of the City of New York.
122. That at all times hereinafter mentioned, the Defendant “Officer(s)” were employed by the
Defendant The City of New York and/or The New York City Police Department and was
acting under the color of their official capacity and their acts were performed under the
color of the policies, statutes, ordinances, rules and regulations of the City of New York.
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123. That at all times hereinafter mentioned, the Defendant “Officer(s),” individually and
collectively, were acting pursuant to orders and directives from Defendant, “City”.
124. That during all times hereinafter mentioned, the Defendants “Officer(s),” individually,
and/or collectively acted under color and pretense of law, to wit: under color of the statutes,
ordinances, regulations, customs and usages of The City of New York and/or New York
City Police Department, and engaged in the illegal conduct set forth in this Complaint to
the injury of the Plaintiffs, and deprived them of the rights, privileges and immunities
secured to him by the Fourth, and Fourteenth Amendments to the Constitution of the United
States and the laws of the United States, and State of New York and U.S.C. Sections 1983
and 1986.
125. That the unlawful and illegal conduct of Defendants “Officer(s)” deprived Plaintiffs of the
following rights, privileges and immunities secured to them by the Constitution of the
United States and of the State of New York:
i. The right of Plaintiffs to be secure in their person and effects against
unreasonable search and seizure under the Fourth and Fourteenth
Amendments to the Constitution of the United States;
ii. The right not to be discriminated against based upon the Plaintiff’s race,
creed, sex, or sexual orientation;
iii. The right to Due Process Law;
iv. The right to equal protection under the law; and
v. The right not to be subjected to cruel and unusual punishment.
126. That by reason of the aforesaid violations such as, seizure of Plaintiffs’ person, their false
detention, arrest and false imprisonment, battery, assault, falsifying evidence, and
discrimination, the Defendant Police “Officer(s)” violated
Preview
FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X JAMAAL COLESON, DONTAE WALKER, Plaintiffs, SUMMONS WITH VERIFIED COMPLAINT -against- Index No.: THE CITY OF NEW YORK, THE NEW YORK CITY Date Purchased: POLICE DEPARTMENT, POLICE OFFICERS JOHN DOE, JIM DOE, JAMES DOE AND JANE DOE (FICTITIOUS Plaintiff designates Kings NAMES BECAUSE THEIR IDENTITIES ARE County as the place of trial. UNKNOWN), ALL AS POLICE OFFICERS AND IN THEIR The basis of the venue is that INDIVIDUAL CAPACITIES, Kings County is the place Defendants, where the cause of action --------------------------------------------------------------------X arose. To the above named Defendant(s): 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 Plaintiffs’ Attorney with twenty (20) days after the service of this summons, exclusive of the day of service thirty (30) days after the service is complete if the summons is not personally delivered to you within the State of New York; and in case of your failure to appear or answer, judgement will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York December 24, 2020 /s/ ROYCE RUSSELL Royce Russell R-SQUARE, ESQ. PLLC. Attorneys for Plaintiffs 112 West 34th Street #18 FL. New York, New York 10120 (718) 785-8890 1 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 Defendants’ address: City of New York c/o Office of the Corporation Counsel 100 Church Street New York, New York 10007 The New York City Police Department 1 Police Plaza New York, New York 10038 Officer John Doe #1 1 Police Plaza New York, New York 10038 Officer Jim Doe #2 1 Police Plaza New York, New York 10038 Officer James Doe #3 1 Police Plaza New York, New York 10038 Officer Jane Doe #4 1 Police Plaza New York, New York 10038 2 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X JAMAAL COLESON, DONTAE WALKER, Plaintiffs, VERIFIED COMPLAINT -against- Index No.: THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT, POLICE OFFICERS JOHN DOE, JIM DOE, JAMES DOE AND JANE DOE (FICTITIOUS NAMES BECAUSE THEIR IDENTITIES ARE UNKNOWN), ALL AS POLICE OFFICERS AND IN THEIR INDIVIDUAL CAPACITIES, Defendants, ----------------------------------------------------------------------------X The Plaintiffs, Jamaal Coleson and Dontae Walker, by their Attorney, R-SQUARE, ESQ., PLLC., complaining of the Defendants respectfully shows to this court and alleges: 1. Upon information and belief, that at all times hereinafter mentioned, the Defendants, The City of New York, hereinafter referred to as “City”, was, and still is, a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. 2. Upon information and belief, at all times mentioned, the Defendant, The City of New York, i.e. “City”, its agents, servants and/or employees operated, maintained and controlled the New York City Police Department, hereinafter referred to as “NYPD”, including all the police officers and correction officers therein. 3. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020, at approximately 4:15 p.m., Police Officer John Doe, described as a white male officer with reddish beard, hereinafter referred to as “John” was employed as a Police Officer by the “City” and/or “NYPD”, and at all relevant times set forth below acted in the capacity of a police officer. 4. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020, “John”, was acting within the scope of his/her employment as a police officer and under the direction of the “City” as their agent, servant, and/or employee. 3 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 5. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020, at approximately 4:15 p.m., Police Officer Jim Doe, described as a African American male officer, hereinafter referred to as “Jim” was employed as a Police Officer by the “City” and/or “NYPD”, and at all relevant times set forth below acted in the capacity of a police officer. 6. Upon information and belief at all times mentioned, and on the 11th day of January, 2020, “Jim”, was acting within the scope of his/her employment as a police officer and under the direction of the “City” as their agent, servant, and/or employee. 7. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020, at approximately 4:15 p.m., Police Officer James Doe, described as a white male officer with black beard standing at 6’3” tall, hereinafter referred to as “James” was employed as a Police Officer by the “City” and/or “NYPD”, and at all relevant times set forth below acted in the capacity of a police officer. 8. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020, “James”, was acting within the scope of his/her employment as a police officer and under the direction of the “City” as their agent, servant, and/or employee. 9. Upon information and belief, at all times mentioned, and on the 11th day of January, 2020, at approximately 4:15 p.m., Police Officer Jane Doe, described as a white female officer with blonde hair and glasses, hereinafter referred to as “Jane” was employed as a Police Officer by the “City” and/or “NYPD”, and at all relevant times set forth below acted in the capacity of a police officer. 10. Upon information and belief, at all times hereinafter mentioned and on the 11th day of January, 2020, “Jane” was acting within the scope of his/her employment as a police officer and under the direction of the “City” as their agent, servant, and/or employee. 11. Collectively, “John,” “Jim,” “James,” and “Jane” will hereinafter be referred to as the “Officer(s)”. 12. Upon information and belief, the “Officer(s),” were screened, interviewed, hired by the “City,” trained by the “City,” was retrained by the “City,” monitored, supervised and/or disciplined by the “City.” 13. The Plaintiffs, Jamaal Coleson and Dontae Walker, hereinafter referred to as “Jamaal/Plaintiff,” and “Dontae/Plaintiff,” are residents of Kings County and reside respectively at 163 Ten-Eck Street, Brooklyn, New York 11206 and 139-54 232nd Street, 4 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 Laurelton, New York 11413. Both Plaintiffs timely filed and served a Notice of Claim on the City. They are both United States citizens. 14. On January 11th, 2020 at approximately 4:15 p.m., the Plaintiffs were lawfully at the location of 162 Maujer Street and Graham Avenue in the State of New York, County of Kings. 15. At that time and place, Jamaal was one of four cars doubled-parked. 16. While doubled parked, with hazard lights operating but engine off, the Plaintiffs observed an unmarked police vehicle drive around the block twice. 17. During this time, Jamaal continued to engage in conversation with another male family member, who had arrived and stood outside his vehicle while Jamaal waited to drive his daughter to a birthday party. 18. “Officer(s)” in an unmarked police car, the same vehicle that Jamaal observed prior, drove directly toward the Plaintiffs followed by a blue and white patrol car. 19. Simultaneously, another unmarked vehicle driving in the opposite direction of traffic blocked the Plaintiffs from moving. 20. “Officer(s)” then approached Jamaal, although there were other double-parked cars with passengers inside their vehicles and ordered Jamaal to produce his driver’s license. 21. Jamaal with his window slightly opened informed “John” that he had to turn on his vehicle to power the windows all the way down. 22. Jamaal then provided his driver’s license and asked what the purpose of the stop was and why he needed to provide his driver’s license. 23. “John” replied stating that Jamaal was blocking traffic, to which Jamaal responded and indicated “There are other double-parked cars, why are you approaching us?”. 24. Plaintiff then informed “John” that he wanted to retrieve his registration from his glove compartment, at which time, said “Officer(s)” opened Jamaal’s car door and ordered him out the vehicle. 25. While being grabbed out and pushed towards the back of his vehicle, Jamaal stated that he has family members that are fellow officers and members of the service and how he respects the “Officer(s)” job. 5 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 26. “John” then replied, “What the fuck are they going to do?” and the Plaintiff was then searched illegally for which he possessed no illegal contraband. 27. Plaintiff had stated that nothing illegal was in his car for which the “Officer(s)” nonetheless illegally searched his vehicle. “Officer(s)” also illegally searched Plaintiff’s bags inside of the vehicle and the trunk. 28. During this time, Jamaal repeatedly stated how he respected the police and that he has family members that are fellow officers and members of the service. “John” again replied with profanity and stated, “Fuck them, where are they now?” 29. Plaintiff Dontae Walker was also present in the vehicle, seated in the passenger seat while Jamaal was being illegally detained and searched by “John.” 30. As Dontae was seated in the passenger seat he was approached by “Jim,” who ordered Dontae out the vehicle as well. “Jim” opened the door to the vehicle pulling Dontae out. 31. Dontae asked if he was being detained or arrested and “Jim” replied, “Detained,” and then illegally searched Donte by patting him down and then removing personal items from one pocket and placing them into another. 32. Dontae was then pushed towards the back of Jamaal’s vehicle as he asked, “What is the issue?”. In the same moment, Dontae could hear “James” yelling at Jamaal. 33. “James and/or John” was yelling at Jamaal stating, “We can do this the easy way or we can take you down with a warrant.” 34. “James and/or John” then showed Jamaal a picture on his phone, for which Jamaal said “You’re not going to take me anywhere because I have no warrants.” 35. “James and/or John” replied, “I know your record.” Jamaal then responded and said, “I was convicted in 2008 and since that time I have been working with the elderly and have not had any police contact.” 36. “James and/or John” responded, “Keep fucking with me and both of you will have a fucked up weekend.” Dontae interrupted and suggested that everyone calm down and stated they were complying with the “Officer(s).” 37. Dontae further stated, “You guys pulled me out the car, searched me illegally and never even asked for my identification.” At this time, “Jane” ordered for his identification. 6 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 38. As Dontae went to comply with “Jane’s” order “John and/or James” forcibly grabbed and twisted Dontae’s hand/wrist. 39. Dontae yelled, “What are you doing?” then “Jim” illegally went into his pockets and produced his identification and then slapped the wallet and identification onto Dontae’s chest. 40. During the false detention, a crowd formed and began to video record the detention. Jamaal stated that Dontae was a good guy and he just took the Correction Officer’s Exam. 41. “Officer James” then began to criticize Dontae calling him a “Bum”, saying “Look how you dress and look at the neighborhood you live in” as well as criticized his hair style. 42. Said “Officer(s)” further threatened to handcuff Dontae in front of his niece as she stood crying observing the false detention. “John” also tried to antagonize Dontae by asking him if he wanted to punch “John” and how they could fight. 43. Dontae stated, “You have a badge, why would I do that”? 44. Jamaal, at this time, after the “Officer(s)” were talking to themselves, observed the Sargent give eye contact to the “Officer(s)” present. Immediately thereafter the “Officer(s)” escorted the Plaintiffs back to Jamaal’s vehicle. 45. “Jane” asked Jamaal if he wanted her card for which Jamaal did not respond. 46. Plaintiffs were not charged with any crimes and after the false detention were allowed to leave. 47. All aforementioned conduct was committed by the City of New York, their agents, servants or employees, while acting within the scope of their employment. 48. The City of New York, their agents, servants, or employees intended to confine the Plaintiffs; the Plaintiffs were conscious of said confinement and did not consent thereto, and the confinement was not otherwise privileged, all without just right, probable cause and without grounds therefore. 49. The “City,” their agents, servants and employees as aforementioned committed battery and assault upon the Plaintiffs without just cause or justification, and in an excessive manner and force, intentionally caused physical contact, causing serious injuries to Plaintiffs’ mind and body. 7 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 50. Plaintiffs were aware of the threat of imminent harm and unconsented contact and actually feared it while the “Officers” had the apparent ability to cause said unlawful and unconsented contact and harm and actually caused it to occur. 51. The Defendants violated the Plaintiffs’ Civil Rights under 42 USCS § 1983, § 1985 and 1986 and 28 USCS §§ 1331 and 1343, in that the Plaintiffs were deprived of their rights, privileges and immunities secured by the Constitution and laws of the United States of America by one who, under color of a statute or regulation of a State, cause the Plaintiffs to be so deprived as stated in this Complaint, and in that Defendants, their agents, servants, and employees illegally seized, battered, and arrested the Plaintiffs absent any justifiable reason for doing so; acted with racial animus; conspired to deprive the Plaintiffs of due process and equal protection under the law, engaged in a cover up; denied the Plaintiffs prompt and necessary medical attention, maliciously prosecuted the Plaintiffs; failed to intervene, stop of report the misconduct of fellow officers while having the ability to do so; and other and further violations of Plaintiffs’ rights and privileges secured to them under the Constitution and laws of the United States of America by one who, under color of a statute or regulation of a State, caused Plaintiffs to be so deprived of their rights, privileges and immunities secured to them under the Constitution of the United States and the State of New York. 52. The Defendants were negligent in failing to use such care in the performance of police duties as a reasonably prudent and careful police officer or officers would have used under similar circumstances, in permitting the police officers to continue to perform their duties in an improper, negligent, careless and reckless manner all without any negligence on the part of the Plaintiffs contributing thereto. 53. The Defendants “City” and/or “the NYPD” were negligent in supervising, monitoring, assigning, reviewing, disciplining and promoting the subject officers. 54. Plaintiffs, Jamaal Coleson and Dontae Walker, were and are, at all times innocent of all charges and had committed no crime. 55. The Notice of the Plaintiffs’ Claim and Notice of Intention to sue for damages eliciting the nature of claim, the date of, the place where and the manner in which the claim arose were duly served upon the Comptroller of the Defendant “City.” 56. That a 50(h) hearing was held on June 18, 2020. 57. That more than 30 days have elapsed since the Notice of Claim and intention to sue has been served upon the Defendants and the said Defendants have neglected or refused to make any adjustment or payment thereof. 8 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 58. That this action is commenced within one year and 90 days after the cause of action arose 59. That this action falls within one of the exceptions of CPLR §1601. AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFFS AGAINST ALL NAMED DEFENDANTS FOR FALSE IMPRISONMENT 60. The Plaintiffs repeat, reiterate and reallege each and every allegation contained in paragraphs marked “1” through “59” with the same force and effect as if more fully and at length set forth herein. 61. That beginning on or about the 11th day of January, 2020, at the approximate hour of 4:15 p.m., the Defendants, and their agents, servants, and/or employees intentionally handcuffed, battered and imprisoned the Plaintiffs, without any just cause or grounds therefore and held them against their will under full force of arms. 62. That said imprisonment was caused by the Defendants “City” and/or “NYPD”, their agents, servants, and/or employees, without any warrant or other legal process and without authority of the law and without any reasonable grounds, or causes to believe that the Plaintiffs were guilty of any crimes. 63. The Plaintiffs were wholly innocent and did not contribute in any way or manner to their imprisonment by the Defendants, their agents, servants and/or employees, and were forced to submit to the aforesaid imprisonment entirely against their will. 64. That the Defendants, their agents, servants and/or employees, as set forth above, intended to confine the Plaintiffs; the Plaintiffs were conscious of the confinement; they did not consent to the confinement; and the confinement was not otherwise privileged. 65. That the Plaintiffs were confined against their will until they were released. 66. That by reason of the aforesaid false imprisonment and detention, Plaintiffs were subjected to great indignity, humiliation, loss of work and loss of freedom, and the said Plaintiffs have been otherwise damaged. 67. That by reason of the aforesaid, the Plaintiffs have been damaged in an amount exceeding the jurisdictional limits of the lower courts. 9 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFFS FOR FALSE DETENTION/ARREST 68. The Plaintiffs repeat, reiterate and reallege each and every allegation contained in paragraphs marked "1" through "67" with the same force and effect as if more fully and at length set forth herein. 69. That beginning on or about the 11th day of January, 2020, at the approximate hour of 4:15 p.m. at or near the location of 162 Maujer Street and Graham Avenue, the Plaintiffs were placed under arrest by the Defendants “Officer(s)”, their agents, servants and/or employees without any just cause or grounds, and held against their will under full force of arms until they were released hours later. 70. That the Plaintiffs were falsely detained/arrested and accused by the Defendants, their agents, servants and/or employees. 71. That said imprisonment was caused by the Defendants “City” and/or “NYPD”, their agents, servants, and/or employees, without any warrant or other legal process and without authority of the law and without any reasonable grounds, and based on an illegal seizure and search of the Plaintiffs, when the Defendants “Officer(s)” lacked cause to believe that the Plaintiffs committed, or were about to commit a crime or were guilty of any crimes. 72. The Plaintiffs were wholly innocent of all criminal charges and did not contribute in any way or manner to their detention and arrest by the Defendants, their agents, servants and/or employees, and were forced to submit to the aforesaid detention, arrest and confinement entirely against their will. 73. That the Defendants “City” and/or “NYPD”, their agents, servants and/or employees, as set forth above, intended to seize, search, and arrest the Plaintiffs; that the Plaintiffs were conscious of the detention, arrest and confinement; the Plaintiffs did not consent to the imprisonment, detention, arrest and confinement; and the imprisonment, detention, arrest and confinement was not otherwise privileged. 74. That by reason of the aforesaid false arrest, Plaintiffs were subjected to great indignity, humiliation, stress and loss of freedom and the said Plaintiffs have been otherwise damaged. 75. That by reason of the aforesaid, the Plaintiffs have been damaged in an amount exceeding the jurisdictional limits of the lower courts. 10 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF THE PLAINTIFFS FOR BATTERY AND ASSAULT 76. The Plaintiffs repeat, reiterate and re-allege each and every allegation contained in paragraphs marked "1" through "75” with the same force and affect as if more fully and at length set forth herein. 77. Plaintiff Donate was seized, searched, forcibly grabbed, pushed battered, assaulted, hit in the chest and had his wrist twisted as he was and physically and emotionally brutalized by the Defendant, “City”, and/or the “NYPD,” its agents/servants, and/or employees, including Defendant “Officer(s).” Plaintiff Jamaal was forcibly grabbed and pushed in the back several times as he was physically and emotionally brutalized by the Defendant, “City”, and/or the “NYPD,” its agents/servants, and/or employees, including Defendant “Officer(s).” 78. That all said contact was committed without the Plaintiffs’ permission or consent. 79. That all said contact was unlawful and without privilege. 80. That the use of force was excessive and without justification. 81. That all contact committed by Defendants “City” and/or “NYPD” through their agents, servants, and/or employees, including the Defendant “Officer(s),” were offensive to the Plaintiffs and caused them to fear further contact and imminent harm, and caused the Plaintiffs to sustain physical and/or psychological injuries. 82. That the above acts committed by the Defendants “Officer(s)” constituted a battery and/or assault of the Plaintiffs. 83. That by reason of the aforesaid, the Plaintiffs have been damaged in a sum exceeding the jurisdictional limits of lower courts. AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF THE PLAINTIFFS FOR NEGLIGENCE 84. The Plaintiffs repeat, reiterate and re-allege each and every allegation contained in paragraphs marked "1" through "83” with the same force and affect as if more fully and at length set forth herein. 11 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 85. That the Defendants, “City” and/or “NYPD” were careless and reckless in hiring, retaining, assigning, training and failing to retrain, monitoring, supervising and promoting as and for its employees, Defendants “Officer(s),” in that said employee(s) lacked the experience, deportment and ability to be employed by the Defendants in the capacity in which they were utilized, i.e. as Police Officers; in that the Defendant, “City” and/or “NYPD” failed to exercise due care and caution in its hiring and promoting practices; in that the Defendant “City” and/or “NYPD” failed to investigate the above named employees’ backgrounds; in that the “City” and/or “NYPD” failed to properly train, supervise and monitor the “Officer(s)”; and in that the Defendant “City” and/or “NYPD” were negligent in disciplining, retaining and retraining the named Defendants “Officer(s)”; and in that the Defendants, their agents, servants and employees, were otherwise careless, negligent and reckless. 86. That upon information and belief, the “City” by and through its agents had received numerous civilian complaints and/or lawsuits, against Defendants “Officer(s)” and/or the “NYPD,” that they were assigned to, prior to their seizure, search, and discourtesy, fabrication of evidence and battery and assault of the Plaintiffs on January 11, 2020. 87. That the “City” failed to properly retrain said “Officer(s)”, negligently continued to employ said “Officer(s)”, negligently retrained “Officer(s)” despite evidence of their police misconduct and continued to assign said “Officer(s)” to act in their capacities as Police Officers without proper supervision, training and discipline. 88. That the “Officer(s),” while acting within the scope of their employment, were negligent in that each failed to use such care in the performance of their police duties as a reasonable prudent and careful police officer would have used under similar circumstances, in that each was negligent, careless and reckless in the manner in which they investigated and/or performed their police duties; in that they failed to intervene or mitigate police misconduct; in that the police department permitted or conducted the false arrest and/or permitted the submission of false documentation by these and other officers; and in that the defendants “Officer(s),” their agents, servants and/or employees were otherwise careless, reckless and negligent. 89. That the aforesaid occurrence, to wit: battery and assault, false detention, arrest and imprisonment, and the resulting injuries to mind and body therefrom, were caused wholly and solely by reason of the negligence of the Defendants, its agents, servants and/or employees including Defendants “Officer(s)” without any negligence on the part of the Plaintiffs contributing thereto. 12 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 90. That by reason of the aforesaid, the Plaintiffs, were imprisoned, lost their freedom, and were stressed, and they were thereby damaged. 91. That by reason of the aforesaid, the Plaintiffs have been damaged in a sum exceeding the jurisdictional limits of the lower court. AS AND FOR A FIFTH THROUGH EIGHTH CAUSES OF ACTION: FOR VIOLATIONS OF PERSONAL CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. §§ 1983, 1985 AND 1986 AGAINST THE CITY OF NEW YORK 92. The Plaintiffs repeat, reiterate and reallege each and every allegation contained in paragraphs marked “1” through “91” with the same force and effect as if more fully and at length set forth herein. 93. That on or about the 11th day of January, 2020, at the approximate hour of 4:15 p.m. at or near 162 Maujer Street and Graham Avenue, the “Officer(s)” were present thereat as part of their regular and official employment as Police Officers for the Defendant, “City.” 94. Plaintiffs were lawfully and properly at said location when the “Officer(s)” acting as agents, servants and/or employees of the Defendants “City,” forcibly stopped, seized, and frisked the Plaintiffs absent of just cause, provocation or reason. The Plaintiffs had not engaged in any criminal conduct or suspicious activity and were following all procedures according to the law. However, “Officer(s)” still proceeded with aggressive force against the Plaintiffs. 95. The Plaintiffs were retaliated against by the “Officer(s)” who illegally, seized, searched, battered, assaulted, arrested, searched because they questioned why out of the four doubled-parked vehicles, the Defendants confronted the Plaintiffs, alleging they were blocking traffic. 96. Upon information and belief, the “Officer(s)” were required to fill out a stop, question and frisk report. 97. Upon information and belief, they did not fill out and submit a stop, question and frisk report or stop, question and frisk report worksheet as required. 98. Defendants failed to activate their respective body cameras to properly record the stop, frisk and arrest of Jamaal Coleson and Dontae Walker. 13 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 99. Upon information and belief, the “Officer(s)” fabricated a reason for searching the Plaintiffs. 100. Further, the other named “Officer(s)”, present at the Plaintiffs’ arrest, failed to report the false arrest. 101. Likewise, when the Defendants “Officer(s)” were abusive to the Plaintiffs, no “Officer(s)” intervened or reported the misconduct as required by the New York City Patrol Guidelines. 102. Upon information and belief, to date no disciplinary action has been taken against the offending “Officer(s)” for engaging in said conduct or for failing to intervene, stop it or report it or have their body cameras activated at the time of the incident concerning Plaintiffs. 103. That in order to cover up their misconduct, the “Officer(s)” individually and/or collectively, conspired to file false police reports, give false statements and/or sign a false Criminal Court Complaint for the purpose of falsely imprisoning, falsely arresting and/or maliciously prosecuting the Plaintiffs. 104. That said acts constituted an illegal seizure of the Plaintiffs and deprived the Plaintiffs of their rights and liberties set forth in the 4th and 14th Amendments of the Constitution of the United States and of the State of New York and under 42 U.S.C. Sections 1983 and/or 1986. 105. That said acts constituted acts of cruel and unusual punishment and deprived the Plaintiffs of their rights and liberties set forth in the 8th and 14th Amendments of the Constitution of the United States and of the State of New York and under 42 U.S.C. Sections 1983, 1985 and/or 1986. 106. That said acts constituted acts that violated the Plaintiffs’ freedom as protected under the 1st and 14th Amendments of the Constitution of the United States and of the State of New York and under 42 U.S.C. Sections 1983, 1985 and/or 1986. 107. That said acts constituted acts of fabricating evidence, filing false reports and giving false statements, and such acts deprived Plaintiffs of their rights and liberties as set forth in the 5th and 14th Amendments of the Constitution of the United States and of the State of New York and under 42 U.S.C. Sections 1983, 1985 and/or 1986. 108. That Plaintiffs, are African American males, were deprived of their right to equal protection under the law and were targeted and their rights violated based on their race, a violation of the Equal Protection Clause under the 14th Amendments of the Constitution of 14 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 the United States and of the State of New York and under 42 U.S.C. Sections 1983, 1985 and/or 1986. 109. That the “Officer(s)” conspired by and through their conduct, including, among other things, their overt acts, their failure to intervene, stop and report, threatening witnesses, and the falsification of reports and evidence to deprive or hinder the Plaintiffs’ right to justice, and to injure them. 110. Upon information and belief, Police Officers are rarely prosecuted, disciplined or investigated for providing false statements, filing false reports, failing to intervene or report misconduct, and/or making false arrests. 111. The “Officer(s)” herein conspired to deprive the Plaintiffs of equal protection under the law and substantive due process. The “City’s” deliberate indifference to their conduct made such violations possible. 112. That the Plaintiffs’ false detention confinement, arrest, imprisonment, battery and assault, violation of their constitutional rights resulted from the Defendant, “City’s” practices, policies and/or customs, and/or their deliberate indifference to patterns and/or police practices which included excessive use of force; illegal use of police equipment; failing to follow police guidelines; failing to monitor or discipline police misconduct; failing to gather evidence when allegations of police misconduct are involved; condoning a code of silence within the police department regarding misconduct; filing resisting arrest charges to cover up illegal use of force by police; engaging in racial profiling; failing to properly supervise, train, investigate or discipline “Officer(s)”; engaging in illegal stop, question and frisks, permitting or condoning illegal stop, search and seizure of property and persons, any and/or all of the above contributing to Plaintiffs’ false arrest and prosecution, and injuries. 113. Defendants “Officer(s)” actions on January 11, 2020 were performed under the color of law and the policies, statutes, ordinances, rules, practices and regulations of the City of New York, and they were performed to the detriment of the Plaintiffs. 114. That Plaintiffs did not commit any illegal act, either before or at the time they were falsely detained, arrested, imprisoned, battered, assaulted, and deprived of their constitutional rights as set forth in the Constitution of the United States, particularly 42 U.S.C. Sections 1983, 1985 and 1986 and the Constitution of the State of New York. 115. That by reason of the aforesaid, the Plaintiffs were deprived of their liberty, lost income, freedom, battered, assaulted injured, and they were damaged. 15 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 116. That by reason of the aforesaid, the Plaintiffs have been damaged in a sum exceeding the jurisdictional limits of the lower court and seeks compensatory and punitive damages, costs, attorney(s) fees, and expert fees as provided by 42 U.S.C. Sections 1983, 1985, 1986 and 1988, and such other relief as to the court may seem just and proper. AS AND FOR A NINTH THROUGH TWELFTH CAUSES OF ACTION: ALLEGING VIOLATION OF CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. SECTION 1983, BY POLICE OFFICERS JOHN, JIM, JAMES AND JANE IN THEIR INDIVIDUAL CAPACITIES AND AS AGENTS OF THE CITY OF NEW YORK, THE PLAINTIFFS ALLEGE: 117. The Plaintiffs repeat, reiterate and reallege each and every allegation contained in paragraphs marked “1” through “116” with the same force and effect as if more fully and at length set forth herein. 118. That at all times hereinafter mentioned, the Defendant “John” was employed by the Defendant, The City of New York and/or The New York City Police Department and was acting under the color of his official capacity and his acts were performed under the color of the policies, statutes, ordinances, rules and regulations of the City of New York. 119. That at all times hereinafter mentioned, the Defendant “Jim” was employed by the Defendant The City of New York and/or The New York City Police Department and was acting under the color of his official capacity and his acts were performed under the color of the policies, statutes, ordinances, rules and regulations of the City of New York. 120. That at all times hereinafter mentioned, the Defendant “James” was employed by the Defendant The City of New York and/or The New York City Police Department and was acting under the color of his official capacity and his acts were performed under the color of the policies, statutes, ordinances, rules and regulations of the City of New York. 121. That at all times hereinafter mentioned, the Defendant “Jane” was employed by the Defendant The City of New York and/or The New York City Police Department and was acting under the color of his official capacity and his acts were performed under the color of the policies, statutes, ordinances, rules and regulations of the City of New York. 122. That at all times hereinafter mentioned, the Defendant “Officer(s)” were employed by the Defendant The City of New York and/or The New York City Police Department and was acting under the color of their official capacity and their acts were performed under the color of the policies, statutes, ordinances, rules and regulations of the City of New York. 16 of 23 FILED: KINGS COUNTY CLERK 12/24/2020 03:55 AM INDEX NO. 525847/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 123. That at all times hereinafter mentioned, the Defendant “Officer(s),” individually and collectively, were acting pursuant to orders and directives from Defendant, “City”. 124. That during all times hereinafter mentioned, the Defendants “Officer(s),” individually, and/or collectively acted under color and pretense of law, to wit: under color of the statutes, ordinances, regulations, customs and usages of The City of New York and/or New York City Police Department, and engaged in the illegal conduct set forth in this Complaint to the injury of the Plaintiffs, and deprived them of the rights, privileges and immunities secured to him by the Fourth, and Fourteenth Amendments to the Constitution of the United States and the laws of the United States, and State of New York and U.S.C. Sections 1983 and 1986. 125. That the unlawful and illegal conduct of Defendants “Officer(s)” deprived Plaintiffs of the following rights, privileges and immunities secured to them by the Constitution of the United States and of the State of New York: i. The right of Plaintiffs to be secure in their person and effects against unreasonable search and seizure under the Fourth and Fourteenth Amendments to the Constitution of the United States; ii. The right not to be discriminated against based upon the Plaintiff’s race, creed, sex, or sexual orientation; iii. The right to Due Process Law; iv. The right to equal protection under the law; and v. The right not to be subjected to cruel and unusual punishment. 126. That by reason of the aforesaid violations such as, seizure of Plaintiffs’ person, their false detention, arrest and false imprisonment, battery, assault, falsifying evidence, and discrimination, the Defendant Police “Officer(s)” violated