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COMPLAINT
JURY TRIAL DEMANDED
5:16-cv-929 (NAM/ATB)
-against-
This action arises under 42 U.S.C. 1983 and the Fourth and Fourteenth
Amendments to the United States Constitution. Subject matter jurisdiction is conferred pursuant
to 28 U.S.C. 1331 and 1343 (a) (3 & 4).
2.
District of New York because events forming the basis of this Complaint occurred in that
District.
PARTIES
3.
At all times relevant, plaintiff Evelyn Tennyson was a resident of the City
of Syracuse, Onondaga County in the State of New York and she is an African-American female.
4.
Upon information and belief, at all times hereinafter mentioned, the CITY
1
OF SYRACUSE was and still is a municipal corporation duly organized and existing under and
by virtue of the laws of the State of New York.
5.
Syracuse, its agents, servants and employees operated, maintained and controlled the Syracuse
Police Department (SPD), including all the police officers thereof.
6.
This action arises under the United States Constitution, particularly under
the provisions of the Fourth and Fourteenth Amendments and under the Civil Rights Act, Title
42 of the United States Code, Section 1983.
9.
On June 19, 2016 there was an evening Fathers Day party in Syracuses
Shortly after 11:00 p.m. there were a few shots fired by people attending
the party.
12.
began running and firing her weapon recklessly into the crowd emptying an entire clip and then
reloading and firing again at people running from behind them and striking, upon information
and belief, at least three individuals, one of whom was Ms. Tennyson.
13.
The plaintiff, who was pregnant at that time, was struck in her leg and
received a serious injury requiring hospitalization and causing her to miss one month of work.
14.
Statements were issued after the incident that the defendant Police Officer
Kelsey Francemone, was violently abused by the crowd; these statements are patently false.
15.
have been a police bullet which struck her because it shattered; this statement is patently false.
16.
After the incident, several witnesss homes were broken into and cell
phones which may have had videos of the incident were ceased for no legitimate law
enforcement purpose other than to protect the police from liability.
17.
witnesses not to post videos or make statements on social media or elsewhere about the incident
and said warnings were given with no legitimate law enforcement goal in mind.
FIRST CLAIM FOR RELIEF ON BEHALF OF PLAINTIFF
DEPRIVATION OF PLAINTIFFS LIBERTY INTEREST
PROTECTED BY THE DUE PROCESS CLAUSE OF THE
FOURTEENTH AMENDMENT VIA AN ACCIDENTAL SHOOTING
18.
19.
Ms. Tennysons rights have been violated pursuant to the due process
clause of the Fourteenth Amendment to the United States Constitution by the deprivation of her
liberty interest via her being shot.
20.
into a crowd shocks the conscious and caused Ms. Tennysons harms.
21.
rights, privileges and immunities pursuant to the Fourth and Fourteenth Amendments to the
United States Constitution, and more particularly, it resulted in a deprivation of her liberty
interest protected by the due process clause of the Fourteenth Amendment.
22.
including permanent and non-permanent physical injuries, pain and suffering, scarring, emotional
harms, she was pecuniarily harmed and she was otherwise harmed.
23.
By reason of the aforesaid, the plaintiff has been damaged and she is
entitled to compensatory damages in a sum not less than $1,000,000.00 (ONE MILLION)
DOLLARS as well as punitive damages in an amount to be determined at trial and plaintiff is
entitled to an award of attorneys fees and costs pursuant to 42 USC 1988.
SECOND CLAIM FOR RELIEF ON BEHALF OF PLAINTIFF
EXCESSIVE FORCE IN VIOLATION OF THE
FOURTH AND FOURTEENTH AMENDMENTS
TO THE UNITED STATES CONSTITUTION
24.
Amendment to the United States Constitution made applicable to the statues by virtue of the
Fourteenth Amendment pursuant to 42 U.S.C. 1983, via her being subjected to excessive and
unreasonable force.
26.
unnecessarily and maliciously without the need to use any force, much less the excessive,
gratuitous and potentially deadly force she employed.
27.
rights, privileges and immunities pursuant to the Fourth Amendment to the United States
Constitution, and more particularly, her right to be free from the use of excessive and
unreasonable force.
28.
including permanent and non-permanent physical injuries, pain and suffering, scarring,
emotional harms, she was pecuniarily harmed and she was otherwise harmed.
29.
By reason of the aforesaid, the plaintiff has been damaged and she is
entitled to compensatory damages in a sum not less than $1,000,000.00 (ONE MILLION)
DOLLARS as well as punitive damages in an amount to be determined at trial and plaintiff is
entitled to an award of attorneys fees and costs pursuant to 42 USC 1988.
THIRD CLAIM FOR RELIEF ON BEHALF OF PLAINTIFF
PURSUANT TO 42 U.S.C. 1983 AGAINST DEFENDANT SYRACUSE
i.e., MONELL CLAIM
30.
Plaintiff repeats the allegations contained in the prior paragraphs as if fully stated
31.
Syracuse is liable to the plaintiff for having violated plaintiffs rights protected by
herein.
the Fourteenth and Fourth Amendments to the United States Constitution via a deprivation of
liberty due to her being shot and via the use of unnecessary and unreasonable force against her.
32.
As a de facto policy, Syracuse tolerates members of the SPD using excessive force
the African American community differently and worse, than other citizens.
35.
As a de facto policy Syracuse tolerates overtly racist acts by its officers against
Syracuse operates and controls a police department with numerous members who
committing acts violating the rights of members of the African American community.
38.
As a de facto policy, Syracuse fails to discipline members of the SPD for treating
members of the African American community differently and worse, than other citizens.
40.
As a de facto policy Syracuse fails to discipline members of the SPD for overtly
There are frequent complaints against the SPD brought to Internal Affairs and to
the Citizens Review Board and the SPD takes no effective action to remedy the ongoing
6
In spite of the frequent complaints, defendant Fowler has failed to take measures
to remedy the disparate and worse treatment minority citizens receive at the hands of the SPD,
directly resulting in plaintiffs harms.
43.
Despite having an African American police chief, Syracuse has tolerated and even
cultivated racial animosity towards its minority communities within the police department.
44.
Due to its de facto policies and its deliberate indifference to obvious problems
within the SPD, Syracuse has created the conditions which caused plaintiffs harms.
45.
There exists animosity, distrust and hatred between the Syracuse Police
Department and the African American community, created due to the SPDs tolerance of racism
which led directly to the defendant firing wildly into the crowd of mostly African Americans and
which directly led to plaintiffs harms.
46.
Defendant Syracuse via its de facto policy of tolerating the abuse of African
Americans, caused plaintiff to sustain physical injuries, including permanent and non-permanent
physical injuries, pain and suffering, emotional harms, she was pecuniarily harmed and she was
otherwise harmed.
47.
By reason of the aforesaid, the plaintiff has been damaged and she is entitled to
compensatory damages of not less than $1,000,000.00 (ONE MILLION) DOLLARS and an
award of attorneys fees is appropriate pursuant to 42U.S.C. 1988.
(C)
(D)
(E)
(F)
Such other and further relief as this Court may deem just and
proper.
$400.00
0206-3742878
NAM
ATB