Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 1 of 14 PageID #: 1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
------------------------------------------------------------------ X
Taisha Allen,
:
: Index No.: 15-4105
Plaintiff,
:
-against: Complaint and Jury Demand
:
The City of New York, Police Officer Stephen
:
Damico, individually and in his official capacity, John :
and Jane Does 1-10, individually, and in their Official :
Capacity as Officials and/or Police Officers for The :
City of New York.
:
:
Defendants.
:
:
------------------------------------------------------------------ X
Introduction
This case is about the unlawful arrest and use of force visited upon Plaintiff by the
Defendants. Plaintiffs acquaintance was being accosted by Defendant police Officers
for allegedly trespassing at Plaintiffs address. Plaintiff informed the Defendant Officers
that her acquaintance was not trespassing, but rather visiting her. Upon hearing this, one
of the police Officers told the Plaintiff oh, you are that bitch that filmed the Eric Garner
video. The officer then declared that Plaintiff allegedly had a warrant out for her arrest
and proceeded to throw Plaintiff over a wait-high fence, and then onto the ground where
several Officers jumped on Plaintiff causing her injuries about the body. The Defendant
Officers than falsely arrested the Plaintiff and refused to take her for arraignment for well
past two days after her arrest for no legitimate reason other than to unlawfully punish
Plaintiff.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 2 of 14 PageID #: 2

I. Jurisdiction and Venue

1. This Court has federal question jurisdiction under 28 U.S.C. 1331 and
1343(a)(3).
2. Venue is proper in this District pursuant to 28 U.S.C. 1391(b)(2) because the
events/omissions giving rise to these causes of action all occurred in this District.
II. Parties
3. Plaintiff was at all relevant times a resident of Richmond County, New York.
4. Officer Damico is a Police Officer for the City of New York.
5. Officers and individuals John and Jane Does 1-10, are named individually and in
their official capacity as Officials and/or Police Officers for the City of New York,
(Defendant Police Officers or Officer(s)) and were at all relevant times acting
under the color of state law as Police Officers for the City of New York.
6. Defendant City of New York is a municipality organized under the laws of New
York and the employer of Defendant Police Officers.
7. New York Police Department is a municipal entity organized under the laws of
New York.
II. Facts
8. In February 2015, Plaintiff was preparing dinner and asked her friend to go to a
nearby supermarket to pick up a few ingredients to complete dinner.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 3 of 14 PageID #: 3

9. Thereafter Plaintiff observed her friend being stopped by several police Officers
and being accused of trespassing at Plaintiffs residence.
10. Plaintiff approached the police Officers and informed them that he friend was not
trespassing as he was her guest.
11. An officer observed the Plaintiff and told her, in sum and substance, oh, you are
that bitch who filmed the Eric Garner situation.
12. This was in reference to the unlawful death of Eric Garner that has riveted this
nation and focused attention on police misconduct.
13. Plaintiff was at the scene of Mr. Garners unlawful death, and was one of the
individuals who filmed the polices unlawful activity.
14. Upon hearing this, the Plaintiff asked what did Eric Garner have to do with them
unlawfully detaining her friend.
15. At that point the Officers told the Plaintiff to walk away and mind her business.
16. Plaintiff again asked what was going on with her friend.
17. At that point the police officer stated, in sum and substance, Ok. Now you have a
warrant out for your arrest.
18. The officer simply made up that assertion as he did not have any of Plaintiffs
credentials in his possession from which to check if she had a warrant for her
arrest.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 4 of 14 PageID #: 4

19. At that point, seeing that these Officers would seek to manufacture an incident
against the Plaintiff, the Plaintiff stated to the Officers that she will walk away as
they instructed.
20. At that point several Officers grabbed Plaintiff and threw half of her body over a
fence.
21. The Officers grabbed and twisted her arms as Plaintiff screamed in agony.
22. Moreover, Plaintiff had recently suffered from a broken leg and was screaming in
pain as the Officers were twisting her body and began dragging her on the floor.
23. The Officers then attempted to throw Plaintiff on the snow covered floor. The
Plaintiff informed the Officers that such conduct was unnecessary and would
cause her further injury.
24. The Officers then body slammed Plaintiff on the ground and dragged her on the
ground for several feet.
25. At this point, a crowd had gathered and several individuals witnessed the police
Officers unlawful actions.
26. At no time did the Plaintiff resist arrest or commit any crime.
27. Plaintiff was then transported to hospital for medical treatment. Plaintiff received
treatment for pain, bruises, bumps, and sprains throughout her body. She left the
hospital on crutches in police custody.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 5 of 14 PageID #: 5

28. At the hospital, a police officer told her that she did not have a warrant for her
arrest.
29. Plaintiff was then taken to the 120 precinct and made to stay there for several
hours.
30. The next day the Plaintiff was taken to the 122 precinct for no lawful reason. The
Plaintiff was informed by police Officers that she would be going to court at
some point.
31. Plaintiff was made to stay at the 122 precinct for hours while she complained
about not being arraigned or have the ability to see a judge.
32. Plaintiff was in complete agony from the pain she was experiencing as a result of
the assault visited upon her by police Officers during her arrest.
33. The Plaintiff was then taken to the 120 precinct again for no legitimate reason.
The Police Officers were intent on unlawfully keeping Plaintiff in custody so that
she would continue to suffer.
34. At some point, more than a day after her arrest, the Plaintiff was taken to the
courthouse and arraigned.
35. The Plaintiff was falsely charged with several misdemeanors.
36. Plaintiff properly filed a Notice of Claim and appeared for her 50-H hearing.
Plaintiff complied with all requirements and prerequisites to file this action.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 6 of 14 PageID #: 6

Count I-Unlawful Imprisonment/False Arrest

Pursuant to Federal and State Law
37. Plaintiff repeats each and every Paragraph as if fully set forth herein.
38. Plaintiff was detained and arrested without any probable cause or legal
justification for doing so.
39. This was done in direct violation of Plaintiffs Federal Civil Rights.
40. Plaintiff was conscious of her confinement and did not consent to it.
41. Plaintiff was unlawfully searched and seized under the Fourth Amendment and
under the totality of the circumstances the Defendants actions were not
objectively reasonable, given that Defendants illegally searched, falsely arrested,
detained, seized Plaintiff by arresting Plaintiff without any legal justification, and
assaulting the Plaintiff.
42. By reason and/or as a result of Defendants acts and/or omissions, Plaintiff was
deprived of her liberty, caused physical and emotional injury, anguish, and
embarrassment, and was otherwise injured and/or harmed.
Count II-Unlawful Search and Seizure
Pursuant to Federal and State Law
43. Plaintiff repeats each and every Paragraph as if fully set forth herein.
44. Defendants, without any warrant or justification, wholly lacking in any cause
whatsoever, probable or otherwise, illegally and improperly searched, detained,
arrested, and seized Plaintiff, and caused a criminal complaint to be illegally
issued against her. Defendants had no legal basis to search, detain, arrest, seize, or

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 7 of 14 PageID #: 7

cause charges to be issued, and did so maliciously with a motive to improperly

detain, arrest, and imprison Plaintiff. All of these actions were undertaken in
violation of the Fourth Amendments proscription of unreasonable searches and
seizures.
45. The acts and/or omissions described herein were undertaken and conducted in a
willful and malicious manner, with an immoral purpose to injure the person,
reputation, standing and integrity of Plaintiff. Defendants are, therefore, liable to
Plaintiff for punitive damages.
46. As a direct and proximate result of Defendants acts and/or omissions, Plaintiff
was humiliated, disgraced, suffered damage to his reputation, physical and mental
anguish and injury and monetary loss and damage all to her great detriment.
Count III-Excessive Force
Pursuant to Federal and State Law
47. Plaintiff repeats each and every Paragraph as if fully set forth herein.
48. During the course of the false and improper detention and/or arrest of Plaintiff,
Defendants intentionally and/or recklessly used unreasonable and/or excessive
force on Plaintiff, thereby depriving Plaintiff of her right to be free from the use of
unreasonable force in violation of the Fourth and Fourteenth Amendments of the
Constitution of the United States, 42 U.S.C. 1983, the Constitution of the State
of New York and the Law of the State of New York.
49. Plaintiff was unlawfully searched and seized under the Fourth Amendment and
under the totality of the circumstances the Defendants actions were not

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 8 of 14 PageID #: 8

objectively reasonable, given that Defendants illegally searched, falsely arrested,

detained, seized Plaintiff by arresting Plaintiff without any legal justification, and
punching, striking, and throwing Plaintiff on the ground causing her to suffer
physical and emotional injuries.
50. As a direct and proximate result of Defendants acts and/or omissions, Plaintiff
was humiliated, disgraced, suffered damage to her reputation, physical and mental
anguish and injury and monetary loss and damage all to her great detriment.
Count IV-Malicious Prosecution
Pursuant to Federal and State Law
51. Plaintiff repeats each and every Paragraph as if fully set forth herein.
52. Defendant Officers caused Plaintiff to be prosecuted under false facts.
53. Defendant Police Officers swore to a false criminal complaint against the Plaintiff
in order to cover up their unlawful actions.
54. Defendant Police Officers knew that the allegations in the criminal complaint were
false.
55. Nonetheless, the Defendant Police Officers caused Plaintiff to be prosecuted for
crimes that she did not commit.
56. As a direct and proximate result of Defendants acts and/or omissions, Plaintiff
was humiliated, disgraced, suffered damage to her reputation, physical and mental
anguish and injury and monetary loss and damage all to her great detriment.
Count V-Monell/Negligent Hiring/Supervision/Municipal Liability/Respondent Superior
57. Plaintiff repeats each and every Paragraph as if fully set forth herein.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 9 of 14 PageID #: 9

58. At all relevant times, Defendant City of New York is the employer of the
individual Defendants and the individual Defendants were acting as their agents,
servants and employees.
59. The City of New York failed to use reasonable care in the selection of its
employees, and/or servants, failed to properly train and/or supervise the individual
Defendants, and failed to provide the appropriate safeguards to prevent the assault,
false arrest, improper detention and imprisonment, malicious prosecution and
violation of the rights of Plaintiff.
60. For example, the City of New York failed to train the Officers in this case in
probable cause as they accosted and stopped Plaintiff without legal justification to
do so.
61. By way of further example, the City of New York failed to train its Officers in use
of force so as to prevent the Defendant Officers from assaulting Plaintiff and
applying excessive force against the Plaintiff.
62. Indeed, the City of New York failed to monitor and supervise their Officers such
that an officer can claim to make an arrest for an outstanding warrant without ever
checking a civilians name or ascertaining whether they had a warrant.
63. An officer can simply make up the fact that there was a warrant without a
supervisor checking to ensure that a warrant exists or that the officer actually
checked.
64. The City of New York thus created a tacit policy and custom of permitting the
Defendant Officers actions to continue with their imprimatur.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 10 of 14 PageID #: 10

65. The City of New York and its Officers acted under color of law pursuant to an
official policy or custom and practice of the City of New York whereby the use of
excessive force and false arrests are permitted, tolerated, and condoned, in
addition to false arrests and making arrests and seizures without probable cause,
and intentionally, knowingly, recklessly or with deliberate indifference failed to
properly and adequately control and discipline on a continuing basis its
employees, agents and/or servants and/or otherwise failed to prevent the individual
Defendants from unlawfully and maliciously conducting, permitting or allowing
the false arrest, malicious prosecution and/or use of excessive force upon Plaintiff
in violation of the rights, privileges and immunities guaranteed to Plaintiff by the
Constitution and laws of the United States and/or New York.
66. The City of New York had knowledge of, or had it diligently and reasonably
exercised its duties to instruct, supervise, control and discipline its employees,
agents and/or servants, would have had knowledge of the wrongful acts and/or
omissions identified above and intentionally, knowingly or with deliberate
indifference to Plaintiffs rights, failed or refused to prevent their commission
and/or omission.
67. The City of New York, therefore, directly or indirectly, and under color of law,
thereby approved or ratified the unlawful, malicious and wanton conduct of the
individual Defendants.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 11 of 14 PageID #: 11

68. As a direct and proximate result of Defendants acts and/or omissions, Plaintiff
was humiliated, disgraced, suffered damage to her reputation, physical and mental
anguish and injury and monetary loss and damage all to his great detriment.
Count VI-Assault and Battery and Negligence
Pursuant to State Law
69. Plaintiff repeats each and every Paragraph as if fully set forth herein.
70. Defendant Police Officers assaulted Plaintiff by striking Plaintiff about the body,
placing handcuffs on Plaintiff, laying on top of Plaintiff, and dragging Plaintiff on
the ground with no legal justification.
71. Defendant Police Officers committed these acts without legal justification or
permission of the Plaintiff.
72. As a direct and proximate result of Defendants acts and/or omissions, Plaintiff
was humiliated, disgraced, suffered damage to her reputation, physical and mental
anguish and injury and monetary loss and damage all to her great detriment.
Count VII-Failure to Intervene
73. Plaintiff repeats each and every Paragraph as if fully set forth herein.
74. Each of the Defendant Officers engaged in the use of excessive force and assault
of the Plaintiff.
75. While each Defendant officer was engaged in the use of excessive force, the others
failed to intervene to prevent the use of excessive force.
76. The Defendant Officers watched as Plaintiff was unlawfully assaulted by other
officers.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 12 of 14 PageID #: 12

77. Each of the Defendants had an opportunity to intervene as the use of excessive
force was being deployed in front of them and within their immediate area.
78. Rather than intervene to stop the use of excessive force as the law mandates they
do, the Defendant Officers did nothing, and then attempted to conceal the use of
excessive force by falsifying criminal complaints against Plaintiff and issuing a
perjure-laden police reports.
Count VIII Cruel and Unusual Punishment
79. Plaintiff repeats each and every Paragraph as if fully set forth herein.
80. Defendants subjected the Plaintiff to cruel and unusual punishment by willfully
and purposefully delaying her arraignment, and thus release from custody, while
the Plaintiff was experiencing agonizing pain.
81. The Defendants shuttled the Plaintiff back and forth between precincts for no
lawful purpose. Rather, this tactic was done to ensure that Plaintiff suffered the
maximum amount of discomfort and pain so as to punish Plaintiff for filming the
Eric Garner incident as well as speaking up when her friend was being falsely
arrested and/or detained in her building.
Count IX-Negligent and Intentional Infliction of Emotional Distress
82. Plaintiff repeats each and every Paragraph as if fully set forth herein.
83. Defendants inflicted emotional distress upon Plaintiff by falsely arresting her,
assaulting her, using excessive force against her, and forcing her to remain in
custody past lawfully acceptable limits and without any legitimate basis.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 13 of 14 PageID #: 13

84. The Defendants actions intentionally and/or negligently caused Plaintiff to suffer
emotional distress.
WHEREFORE, Plaintiff demands that judgment be entered against the Defendants,
jointly and severally, for:
(a) any and all damages sustained by the Plaintiff arising from the foregoing wrongful
and unlawful acts of the Defendants;
(b) punitive damages;
(c) interest, both pre-judgment and post-judgment;
(d) attorneys fees;
(e) costs;
(f) injunctive relief, including but not limited to:
(i) An order from this Court enjoining the New York City Police Department from
continuing its pattern and practice of violating citizens civil rights;
(ii) placement of the New York City Police Department in receivership for the purpose of
instituting programs to train, instruct, discipline, control, and supervise the Officers of the
New York City Police Department;
(g) and all such other relief as this court may deem appropriate, equitable, and just.
JURY DEMAND
Plaintiff demands a trial by jury in this action for all issues triable by a jury.

Case 1:15-cv-04105 Document 1 Filed 07/13/15 Page 14 of 14 PageID #: 14

Dated: July 13, 2015

Respectfully submitted,
s/Aymen A. Aboushi
Aymen A. Aboushi, Esq.
The Aboushi Law Firm
1441 Broadway, 5th Floor
New York, NY 10018
Tel: 212.391.8500
Fax: 212.391.8508
Email: Aymen@Aboushi.com
www.Aboushi.com

Case 1:15-cv-04105 Document 1-1 Filed 07/13/15 Page 1 of 2 PageID #: 15

Case 1:15-cv-04105 Document 1-1 Filed 07/13/15 Page 2 of 2 PageID #: 16

Case 1:15-cv-04105 Document 1-2 Filed 07/13/15 Page 1 of 2 PageID #: 17

Case 1:15-cv-04105 Document 1-2 Filed 07/13/15 Page 2 of 2 PageID #: 18