SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SARATOGA PATTY JACKSON, individually, and as ADMINISTRATRIX OF THE ESTATE OF DARYL MOUNT Plaintifis, AMENDED SUMMONS -against- Index No. 20143461 RU: CITY OF SARATOGA SPRINGS, a Municipality formed under the law of the State of New York CHRIS MATHIESEN, Commissioner of the Department of Public Safety 5 Lake Avenue Saratoga Springs, N.Y. 12866 POLICE CHIEF GREGORY J. VEITCH; SGT. AARON P. BENWARE 5 Lake Avenue 5 Lake Avenue Saratoga Springs, N.Y. 12866 Saratoga Springs, N.Y. 12866 OFFICER FREDERICK J.WARFIELD OFFICER JOHN BATEHOLTS 5 Lake Avenue 5 Lake Avenue Saratoga Springs, N.Y. 12866 Saratoga Springs, N.Y. 12866 OFFICER TYLER McINTOSH OFFICER ADAM FRENCH 5 Lake Avenue 5 Lake Avenue Saratoga Springs, N.Y. 12866 Saratoga Springs, N.Y. 12866 INVESTIGATOR JAMES BELL, 5 Lake Avenue Saratoga Springs, N.Y. 12866 Defendants. TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an answer to the complaint in this action within twenty days after the service of this Summons,2 exclusive of the day of service, or within thirty days after service is complete if this Summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. DATED: June 19,2015 Trial is desired in the County of Saratoga ‘The basis of venue designated above is that Plaintiff resides therein. RIAN H. BREEDLOVE, ESQ Breedlove & Noll, LLP. Attorneys for Plaintiff 10 Maxwell Drive, Suite 105 Clifton Park, New York 12065 TO: JOHN ASPLAND, ESQ. Fitzgerald, Morris, Baker, Firth Attorneys for the City of Saratoga Springs Fitzgerald, Mortis, Baker, Firth, P.C. Attorneys for Defendants 16 Pearl Street, P.O. Box 2017 Glens Falls, New York 12801SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SARATOGA PATTY JACKSON, individually, and as ADMINISTRATRIX STATE OF DARYL MOUNT OF THE Plaintifis, SECOND AMENDED COMPLAINT -against- Index No. 20143461 RU: Honorable DEMAND FOR JUR’ CITY OF SARATOGA SPRINGS, a Municipality — Organized and Operating under the Law of z ‘The State of New York; CHRIS MATHIESEN, Commissioner = of the Department of Public Safety; CHIEF GREGORY J, VEITCH; SGT. AARON P. BENWARE; OFFICER FREDERICK J. WARFIELD; OFFICER JOHN BATEHOLTS; OFFICER ICH; and, ‘TYLER McINTOSH; OFFICER ADAM FREt INVESTIGATOR JAMES BELL, Defendants. Y TRY 61 np suag io Plaintiff, Patty Jackson, individually, and as the Administratrix of the Estate of Daryl Mount, by and through her attomeys, Breedlove & Noll, LLP. (Brian H. Breedlove, Esq. of counsel), complains and alleges against the above named defendants in her Second Amended ‘Complaint herein, as follows: PRELIMINARY STATEMENT i attorneys? fees pursuant to 42 Plaintiff brings this action for actual, compensatory and punitive damages and §§ 1981, 1983, 1985 and 42 U.S.C. §1988 and for violation G3 1s of the decedent’s civil and constitutional rights pursuant to the 4", 5", 6" and 14" Amendments to the United States Constitution and for deprivation of due process of law and equal application and protection of the laws and for having been subjected to excessive deadly and unreasonable force, among other things, as rights are secured by the United States Constitution, theConstitution of the State of New York and on the basis of Federal and State Statutory and Common Law. PARTIES 2. Atal material times hereto, plaintiff's decedent, Daryl Mount, was a 22 year old African American male resident of the City of Saratoga, New York. 3. That Patty Jackson, decedent’s mother and plaintiff herein, was appointed as ‘Administratrix of the Estate of Daryl Mount by a decree of the Surrogate’s Court of Saratoga ‘County, New York, on November 18, 2014 after the death of decedent on May 13, 2014. Copies of the Letters of Limited Administration as attached hereto as Exhibit “1”. 4, Upon information and belief defendant, City of Saratoga Springs (hereinafter Saratoga) is a municipality chartered pursuant to the laws of the State of New York and is situated in the County of Saratoga, in the State of New York. 5. That atall material defendant Gregory J. Veitch, was, and is, the Chief of Police for the City of Saratoga Springs Police Department (hereinafter referred to as “Saratoga PD") a division of and part of the City of Saratoga Springs Department of Public Safety (hereinafter referred to as “Public Safety”) and as such and was a chief policy making authority and/or official for the “Saratoga PD” responsible for all the policies, practices, customs, usages, procedures and protocols utilized and followed on a day to day basis by the members of Saratoga PD as set forth herein, 6. That at all material times defendant Chris Mathiesen, was, and is, the Commissioner of the Department of Public Safety in and for the City of Saratoga Springs, aae division of and part of the City of Saratoga Springs and as such, is, and was a Chief policy making authority and/or official for the Department of Public Safety and he was, responsible for all the policies, practices, customs, usages, procedures and protocols utilized and followed on a day to day basis by the members of Department of Public Safety and the Saratoga PD as set forth herein. 7. That at all material times hereto defendants Frederick J. Warfield, Tyler Mcintosh, Adam French, Sgt. Aaron Benware, John Bateholis , and Investigator James Bell were and are police officers employed by the Saratoga PD and in doing the things alleged herein they were each a “State Actor” acting under “Color of Law” in accord with the policies, practi customs, usages, procedures and protocols utilized, approved, followed and/or ratified on a day to day basis by the members of Saratoga PD. 8. The defendants herein above named jointly and each of them individually were “State Actors” acting, at all material times, under “Color of Law” and/or in compliance with the official rules, regulations, laws, statutes, customs, usages, training, protocols and/or practices as approved, ratified, and/or generally accepted by the municipality herein, to-wit: the defendant City of Saratoga Springs (hereinafter Saratoga) and the chief policy making officials thereof, 9, That at all material times hereto defendants Tyler McIntosh, Frederick J, Warfield, Adam French, Sgt. Aaron Benware, John Batcholts , Investigator James Bell and Gregory Veitch were police department employees of the City of Saratoga Springs and in doing the things alleged herein alleged were acting in the course and scope of their employment forwhich the defendant City of Saratoga Springs is liable therefore under the doctrine of Respondeat Superior, 10, That at all materials times hereto each of the defendants named herein aided, abetted, agreed to, conspired with and/or were complicit with each other and/or were the agents, representatives and/or joint actors with each other and with other persons not presently named as parties hereto in depriving and violating Civil and Constitutional Rights of the plaintiff as alleged and each defendant is liable for the actions of the other. JURISDICTION 11. A Notice of Claim was duly served upon the City of Saratoga Springs as required by the State of New York under the General Municipal Law and/or other provisions of law and more than thirty days have elapsed since the service thereof. The defendant City of Saratoga Springs has refused to compromise and/or settle said claims. 12. This Honorable Court has concurrent jurisdiction with the United States District Court with regard to such actions for racial profiling and denial and deprivation of decedent's civil and constitutional rights and for his wrongful death in violation of the constitutional rights as set forth in 4", 5", 6" and 14” Amendments to the United States Constitution, the Constitution of the State of New York and the Federal and State Statutes and under Common Law as set forth herein. FIRST CAUSE OF ACTION 13. The Plaintiff re-states and realleges each and every claim, statement and/or allegation set forth in paragraphs | through 12 hereinabove as if fully set forth herein at length.5 14. Onor about August 31, 2013, Plaintiff's decedent was lawfully within the City of Saratoga Springs when he was subjected to a pursuit and falsely arrested without a warrant or probable cause and he was detained, imprisoned, assaulted, battered, beaten, subjected to excessive unnecessary and unreasonable force and ultimately killed as a result of the severe blunt force trauma he suffered at the hands of these individual police officer defendants who were acting in concert with each other and at all times within the course and scope of their employment with and for the defendant City of Saratoga Springs pursuant to the policies and practices thereof. 15, That the individual police officer defendants engaged in a pursuit, detention and/or arrest and battery of the plaintiff's decedent herein based upon a pre-textual allegation of misconduct and as a result of “racial profiling” and/or discriminatory practices due to, and motivated by, decedent’s race in furtherance of discriminatory practices engaged in by the police department and its employees in violation of both State and Federal Law. 16. That asa direct and proximate result of the conduct of the defendants hereinabove named the plaintifi’s decedent suffered severe and debilitating injuries, an extended period of conscious pain, suffering and mental anguish during which time he had a recurrent incidence of coma, was completely bedridden and totally disabled and unable to care for himself for his own basic needs, medical expenses and his wrongful death as a result of the blunt force trauma that he suffered at the hands of these police officer defendants and each of them, damage in an amount in excess of the jurisdictional limits of all of the lower courts of the State of New York and therefore jurisdiction lies herein.6 SECOND CAUSE OF ACTION 17. The Plaintiff re-states and realleges each and every claim, statement and/or allegation set forth in paragraphs 1 through 16 hereinabove as if fully set forth herein at length. 18, On August 31, 2013 in the City of Saratoga Springs, New York, plaintiff's decedent, Daryl Mount, by the actions of the individual police officer defendants, was deprived of his Civil and Constitutional Rights under the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution as well as the Constitution of the State of New York by the defendants acts and/or omissions herein set forth and he was a vietim of “racial profiling, and racially discriminatory practices based upon a racial animus by the defendants and each of them as the decedent was subjected to a warrantless false arrest without probable cause, subjected to excessive deadly and unreasonable force in the course of and/or after being taken into custody and was otherwise battered, deprived of his life and liberty without being accorded due process of law and was further denied and deprived of equal protection of the laws and other constitutionally secured rights all in violation of his State and Federal Constitutional and statutory rights under the law as made and provided, said individual defendants acting at all material times as “State Actors” under “Color of Law” and in the course and scope of theit employment with the defendant City of Saratoga Springs. 19, That the plainti s decedent was subjected to unconstitutional, unreasonable and excessive force in that while he was in the process of being taken into custody and/or arrested and/or while under arrest was beaten, battered, assaulted and otherwise brutalized by some and/or all of the individually named police officer defendants in the presence of and/or with thea approval of the other police officers who failed to intervene on behalf of the plaintiff in order to protect him from these constitutional violations and as a result he was rendered unconscious, disabled and suffered debilitating injuries, pain, suffering and recurrent coma until such time as he died months thereafter as a direct and proximate result of the actions, omissions and failure to intervene on the part of the police officer defendants and each of them. 20. That as a direct and proximate result of the conduct of the defendants herein and the pervasive practice of “racial profiling” and abusive discriminatory police misconduct targeting minorities in general and this decedent particularly and as practiced by the City of Saratoga Springs, New York police department and the individual defendants, the plaintif's decedent suffered severe and debilitating injuries and an extended period of pain, suffering and ‘mental anguish during which time he had a recurrent incidence of coma, was completely bedridden and disabled and eventually died as a result of the conduct of these police officers all to his damage in an amount in excess of the jurisdictional limits of all of the lower courts of the State of New York save and therefore jurisdiction lies herein. ‘THIRD CAUSE OF ACTION 21. — The Plaintiff re-states and realleges each and every claim, statement and/or allegation set forth in paragraphs 1 through 20 hereinabove as if fully set forth herein at length. 22, That at all material times the Chief of Police, Gregory J. Veitch was personally involved in supervising, overseeing, directing, controlling, approving, and/or ratifying all of the actions and conduct of the defendant officers of the Saratoga PD involved in the pursuit, arrest, detention, assault, battery, use of excessive force, wrongful death, denial of due process and8 equal protection perpetrated upon the person of the plaintiff's decedent herein under the color of law and pursuant to the policies, practices, customs, usages, procedures approved and protocols utilized and followed on a day to day basis by the members of Saratoga PD which were approved and/or ratified by defendant Gregory J. Veitch and he is liable herein under the Doctrine of Supervisory Liability for all of the violations of the constitutional rights set forth herein, 23, That at all material times Chris Mathiesen, as the Commissioner of the Department of Public Safety in and for the City of Saratoga Springs was personally involved in supervising, overseeing, directing, controlling, approving, and/or in ratifying all of the conduct of the Officers of the Saratoga PD involved in the pursuit, arrest, detention, assault, battery, use of excessive force, wrongful death, denial of due process and equal protection perpetrated upon the person of the plaintiffs decedent herein under the color of law and pursuant to the policies, practices, customs, usages, procedures approved and protocols utilized and followed on a day to day basis by the members of Saratoga PD as approved and ratified by defendant Mathiesen by virtue of the “cover up” of the police misconduct herein and he is liable under the Doctrine of Supervisory Liability for all of the violations of the constitutional rights set forth herein. 24, That at all material times hereto Sgt. Aaron Benware was a sergeant/police officer employed by the Saratoga PD as a supervisor and he was personally involved in doing the things alleged herein as a “State Actor” acting under “color of law” and is he liable for his individual actions and/or omissions and for those which he was personally involved as alleged herein in his supervisory capacity.9. 25. That as a direct and proximate result of the conduct of the defendants hereinabove named the plaintiff's decedent suffered severe and debilitating injuries and an extended period of pain, suffering and mental anguish during which time he had a recurrent incidence of coma, was completely bedridden and disabled and eventually died as a result of the conduct of these police officers all to his damage in an amount in excess of the jurisdictional limits of all of the lower courts of the State of New York save and therefore jurisdiction lies herein. FOURTH CAUSE OF ACTION 26. ‘The plaintiff re-states and realleges every claim, statement and allegation set forth in paragraphs 1 through 25 as if fully set forth herein at length. 27. That at all material times hereto the City of Saratoga Springs is liable for the actions of the defendants Tyler Melntosh, Frederick J. Warfield, Adam French, Sgt. Aaron Benware, John Bateholts , Investigator James Bell and Chief of Police Gregory J. Veitch and Commissioner Chris Mathiesen as set forth herein as each of said defendants” acts and/or omissions complained of was made, done and/or accomplished pursuant to the policies, practices, customs, usages, procedures and protocols utilized and followed on a day to day basis by the members of said police department as approved, ratified and established by the Chris Mathiesen and Gregory Veitch the chief policy making officials for the municipal defendant herein, 28, Atal material times hereto the defendant City of Saratoga Springs was deliberately indifferent to the rights of persons such as plaintiff's decedent herein in that this municipal defendant failed to properly train and/or supervise its respective employees with“10- respect to: determinations of “probable cause” for arrest and/or prosecution; making arrests, without “probable cause”; engaging in and the use of excessive force in making an arrest whether such arrest was lawful or not; utilizing unreasonable force in making an arrest or detaining an individual such as decedent herein; permitting other officers to engage in the use of excessive force without intervening in order to protect the health, safety and constitutional rights of persons such as the decedent herein; permitting and allowing the use of excessive and unreasonable force by its officers as a pattern or practice; the impropriety of engaging in racial profiling and/or other discriminatory practices in which minority citizens such as the plaintiff's decedent were and/or would be targeted on the basis of race; engaging in a “cover up” to hide the use of excessive force by officers in the department and/or other misconduct such as assault and/or battery or other misconduct by officers; fostering a blue wall of silence in which officers and officials of the defendant City of Saratoga would protect each other from the consequences of their misconduct and by ratification of same; failing to train its officers to intervene to prevent other officers from engaging in racial profiling, discriminatory misconduct and violations of civil and constitutional rights including but not limited to circumstances such as those confronted by the officers involving decedent herein which was a situation likely to be encountered by officers and/or persons such as the defendants herein in the performance of their respective duties in which proper training and/or supervision would have prevented the violation of the civil and constitutional rights of the plaintiff. 29. That the City of Saratoga Springs by and through its Chief of Police defendant Gregory J. Veitch, and the Commissioner of Public Safety defendant Chris Mathiesen, ratified“le and approved of the misconduct of the individual officer defendants herein in engaging in a “cover-up” of said misconduct and by promulgating and disseminating a false narrative that the decedent had purportedly fallen from a 20 foot scaffold and as a result the decedent sustained the injuries described hereinabove which resulted in his death. In fact, defendants Gregory J. Veitch, and Chris Mathiesen were acutely aware that the injuries sustained could not have been sustained in such a fall. They deliberately failed to secure a proper adequate forensic examination in order to prevent evidence from coming to light that the injuries were consistent with and a result of a severe beating sustained by the plaintiff's decedent as a result of the misconduct and participation therein by the individually named police officer defendants. 30, That as a direct and proximate result of the failure to train and/or in adequate supervision which was deliberately indifferent to the rights of citizens such as the plaintiff's decedent herein, an African American male, and a result of the custom, practice and policy of “racial profiling” and other discriminatory practices based upon race and misconduct by the City of Saratoga Springs Police Department as set forth above promulgated, practiced, approved and/or ratified by the defendant Chief of Police Gregory J. Veitch and the Commissioner of Public Safety defendant Chris Mathiesen, the plaintiff's decedent sustained injuries as described herein and the City of Saratoga Springs, Gregory J. Veitch and Chris Mathiesen are liable therefore. 31. That decedent’s injuries and his wrongful death and the damages therefore exceed the jurisdiction limits of all of the lower courts of the State of New York and therefore jurisdiction lies in the New York State Supreme Court.-12- WHEREFORE, plaintiff herein demands judgment, on each and every cause of action set forth herein for actual, compensatory and punitive damages in an amount in excess of the jurisdictional limits of all of the lower courts of the State of New York against each and every individually named defendant herein as well as the City of Saratoga Springs; for attorney’s fees, disbursements and costs of suit under the law as made and provided herein; for such other and further relief as to the court seems just and proper. DATED: June 19, 2015 a ‘BRIAN H. BREEDLOV! Breedlove & Noll, LLP. Attorneys for Plaintiff 10 Maxwell Drive, Suite 105 Clifton Park, New York 12065 TO: JOHN ASPLAND, ESQ Fitzgerald, Morris, Baker, Firth Attorneys for the City of Saratoga Springs Fitzgerald, Morris, Baker, Firth, P.C. Attorneys for Defendants 16 Pearl Street, P.O. Box 2017 Glens Falls, New York 1280On the Date Written Below LETTERS are Granted by the Surrogate's Court, State of New York as follows: File #: 2014-481 Name of Decedent: Darryl J Mount Date of Death: May 13, 2014 Domicile of Decedent: Malta, NY, County Of Saratoga Fiduciary Appointed: Patty Jackson SCANNED Mailing Address 199 Arrowood Place ¢ Ballston Spa NY 12020 Nov 18 2014 Letters Issued: LETTERS OF LIMITED ADMINISTRATION Limitations: No fiduclary named above may make any distribution of assets of the estate to any distributees without an order of this court. Pursuant to SCPA 702, and Uniform Rules for Surrogate's Court 207.38, no final compromise of any wrongful death or related action(s) or proceeding(s) shall be made, nor any attorney's fees taken relating to the wrongful death action, without prior application to the surrogate for leave to compromise sald action(s) or proceeding(s) and obtaining an order from the surrogate approving sald compromise and distribution of proceeds, if any. : THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, If any, as set forth above. Dated: November 18, 2014 IN TESTIMONY WHEREOF, the seal of the Saratoga County Surrogate’s Court has been atfixed. WITNESS, Hon Richard A, Kupferman, Judge ofthe ‘These Letters are Not Valid Without the Raised Seal of the Saratoga County Surrogate's Court ‘Attorney: Robert L Katzman 425 High Rlock Avenue ‘Saratoga Springs NY 12868