Cl2015-15479 08l07l2015 12:20:29 PM STATE OF NEW YORK SUPREME COURT: COUNTY OF TOMPKINS quue individuaiiy and as parent and natural guardian of Index 2015-0627 Cl2015-15479 KHIRY BROWN, an infant over 081071201512r20r29 PM the age Of fourteen yearS; ?gmge?wgynolds, Tompkins County Clerk CASSANDRA LANDES, individually and as parent and natural guardian of NAZIER LANDES, an infant over the age of fourteen years, COMPLAINT Plaintiffs, Index Date Filed: v. THE CITY OF ITHACA, the ITHACA POLICE DEPARTMENT, and Ithaca Police SERGEANT JOHN NORMAN, individually and in his capacity as an employee of the Ithaca Police Department. Defendants. The plaintiffs, by their attorneys, Schlather, Stumbar, Parks Salk, LLP, as and for their Complaint allege: 1. That at all times pertinent herein, the plaintiffs Unique LeFlore and Khiry Brown were residents and citizens of the City of Ithaca, New York, Tompkins County, residing at 118 Cleveland Avenue, Ithaca, NY 14850. 2. That at all times pertinent herein, the plaintiffs Cassandra Landes and Nazier Landes were residents and citizens of the City of Ithaca, New York, Tompkins County, 390 Floral Avenue Ithaca, NY 14850. 3. Upon information and belief, at all times pertinent herein, the defendant City of Ithaca was and is a municipal corporation duly organized and existing under the laws of New York State with principal offices located at 108 East Green Street, Ithaca, New York. 4. Upon information and belief, at all times pertinent herein, the SCHWEWUMBARI defendant Ithaca Police Department, in the person of Chief of Police John R. PARKS I: SALK, LLP Barber, is and was a resident of Tompkins County, with principal offices located at 200 EAST BUFFALO ST. P.O.BOX353 ITHACA, NEW YORK 14851 CI2015-15479 SCHLATHER, STUMBAR, PARKS I SALK, LLP ATTORNEYS AT LAW 200 EAST BUFFALO ST. P.O. OX 35! ITHACA. NEW YORK 14451 08/07/2015 12:20:29 PM 120 East Clinton Street, Ithaca, NY 14851. 5. Upon information and belief, at all times pertinent herein, the defendant John Norman, holding the title of Sergeant in the Ithaca Police Department, is and was a resident of Tompkins County, with principal offices located at 120 East Clinton Street, Ithaca, NY 14851. 6. Upon information and belief, at all times pertinent herein, the defendant John Norman acted either in his capacity as an employee of the defendant Ithaca Police Department and City of Ithaca, or individually. 7. This action is for tort claims arising under the laws of the State of New York as more fully set forth herein, and for violation of plaintiff?s state and federal constitutional rights, violation of plaintiff?s civil rights and for violation of plaintiff?s federal rights under 42 U.S.C. Section 1983 and related provisions of law. The claims within arise out of a racial-pro?ling and targeting event which occurred on or about August 9, 2014, as is more fully described herein. 8. Due and proper Notice of Claim was served upon the Defendants and no adjustment or payment has been made thereon. A hearing pursuant to NY. Gen. Mun. Law 50-H was held on July 14, 2015. This action has been brought within one year and ninety (90) days from the date plaintiffs? claims accrued. BACKGROUND 9. Khiry Brown is an African American youth and a good, upstanding citizen of the City of Ithaca community. 10. Nazier Landes is an African American youth and a good, upstanding citizen of the City of Ithaca community. 11. On or about August 9, 2014, Khiry Brown and Nazier Landes, both infants of age 15, participated in a fundraiser for the Ithaca High School Football team during the daytime hours. In the evening, following the fundraiser, Khiry, Nazier and some other infant children, all African Americans, went to play basketball at the Cornell University Campus at Helen Newman Hall. At approximately 10:15 Khiry, Nazier and three other African American children rode their bicycles back through the Cornell campus area, heading through Collegetown, down Buffalo Street (where one child split off from the group), and Page 2 of 12 Index 2015-0627 7 ?7 Cl2015-15479 708I07I2015 12:20:29 PM Index #:2015-0627 then biked to the house of Khiry?s mother, Unique LeFlore, on Third Street. Upon information and belief, during this biking trip, a City of Ithaca Police Officer radioed that these children were biking in the Cornell University vicinity. 12. Upon information and belief, at the same time when these children were identi?ed and placed in the Cornell vicinity, officers in the City of Ithaca Police Department were communicating by radio with respect to two suspected vehicle arsons having been ignited near the intersection of Court Street and Albany Street in the City of Ithaca. Based on the information that IPD officers had received regarding the children biking in the Cornell vicinity, the IPD of?cers knew or reasonably should have known that the children biking could not be suspected of causing or contributing to the ?res that were many blocks away from Cornell and the place where the children were seen riding their bikes. 13. At or near the house of Unique LeFlore on Third Street, it was agreed by Khiry, Nazier and the two other remaining friends that they would bike to downtown Ithaca to meet friends and/or family members. To reach their destination, the four children began biking together through the City of Ithaca, generally heading southbound along the roadways. At approximately 11:30 while biking near the Greater Ithaca Activities Center (West Court Street), the boys were approximately a block from police vehicles at the scene of the suspected arsons. Upon information and belief, at about this same location, IPD of?cers that were on or off?duty identi?ed the children by their African American appearance, racially pro?led them and proceeded to treat them as suspects in the arsons. Accordingly, IPD of?cers, uniformed and non?uniformed, began a coordinated effort to seize and arrest the children, all without any knowledge of or forewarning to the children. 14. At the same time, the four children became aware of an unidentified man in an unmarked Volvo tracking them in his vehicle. The children tried to get away from this man, continuing on their southward biking trip. Once or twice, the children stopped in locations where they believed they could reasonably hide from the unidentified man. When they were near Shortstop Deli on Seneca Street, they kept biking, hoping to lose the man. One of the friends split off from the group SCHLATHER. STUMBAR, PARKS 8. SALK, LLP ATTORNEYS AT LAW 100 EAST BUFFALO 3T. P.O. BOX 353 ITHACA. NEW YORK 14851 near Martin Luther King Jr. Street, after he heard a police siren (this child was Page 3 of 12 Foams-15479 08l07l2015 12:20:29 PM Index 2015-0627 7' then stopped by an IPD of?cer, searched without consent, arrested without probable cause, and taken to the IPD station). The remaining three children then abandoned their bicycles between Martin Luther King Jr. Street and Green Street, hoping this would help them evade the unidentified man who was tracking them in his Volvo. The three youth began travelling southbound on foot. Again, they saw the unidentified man?s vehicle, and they hid in some bushes near Green Street, at the location of a friend?s house. Another child then left the group, and Khiry and Nazier proceeded to travel west, trying to reach the safety of Khiry?s grandmother?s house at 212 Cleveland Avenue. When they reached that address, Khiry and Nazier ran toward the front door to get inside the house quickly and without incident. 15. There and then, as Khiry and Nazier ran for safety and were visibly unarmed, the unidentified man pulled his vehicle near them and shouted at the boys. The unidentified man exited his vehicle and pulled his gun on Khiry and Nazier, telling them to lay down on the ground. Khiry and Nazier complied. The man shouted at the children while pointing his gun toward them and threatening them. Khiry and Nazier both began crying, in fear of their lives. 16. Shortly thereafter, at least four uniformed IPD of?cers arrived at the scene. Khiry and Nazier were then handcuffed and arrested, without any probable cause that they had committed a crime. At some point following their arrest, Khiry and Nazier became aware that the unidentified man who had chased them in his Volvo, pointed a gun at them and threatened them, was in fact IPD Sergeant John Norman. 17. Unique LeFlore, Khiry?s mother, and Cassandra Landes, Nazier?s mother, arrived at the scene to ?nd their sons on the ground, crying, with their hands handcuffed behind their backs. Upon protest from Unique and Cassandra, the boys were released from the handcuffs. Nonetheless, in the days and immediate press attention that followed, Khiry and Nazier were labeled by IPD of?cials as persons of interest in the arson investigation, and otherwise as related to the arsons, all while the IPD possessed full knowledge that the boys were co pleter in nocent of the crimes. PARKS I. SALK. LLP ATTORNEYS AT LAW 200 EAST BUFFALO 8T. P.O.BOX353 Page 4 0f NEW YORK 14851 I CI2015-15479 SCHLATHER. STUMBAR, PARKS SALK. LLP ATTORNEYS AT LAW 200 EAST BUFFALO 3T. P.0. BOX 353 ITHACA. NEW YORK 14851 08/0712015 12:20:29 PM 18. Based on the foregoing facts, IPD officers, individually and in concert, discriminated against Khiry and Nazier based on their African American race and assaulted and falsely arrested them accordingly. FIRST CAUSE OF ACTION (VIOLATION OF 42 USC 1983) 19. Plaintiffs incorporate herein by reference the allegations set forth in the preceding paragraphs numbered 1 through 18. 20. By reason of the foregoing, defendants and their agents, including but not limited to defendant Sergeant John Norman, acting alone or in concert, acted under color of state law and deprived plaintiffs Khiry Brown and Nazier Landes of the rights, privileges and immunities secured by the U5. Constitution by among other things using the color of their skin and other improper criteria to stop, search and seize their persons, to draw a weapon against them, and to cover up their actions by falsely and publicly claiming or implying that plaintiffs were connected to a highly publicized criminal investigation. 21. At all times pertinent herein, the defendants, individually and/or in concert, acted knowingly, intentionally, recklessly and with wanton disregard for the rights, privileges and immunities of Khiry and Nazier, and primarily took such action against Khiry and Nazier because they were African American youth instead of white youth. 22. As a result of the foregoing, defendants deprived Khiry and Nazier of their Fourth Amendment right to be free from unreasonable search and seizure. 23. Further, as a result of the foregoing, defendants violated Khiry and Nazier's Fourteenth Amendment right to Equal Protection under the law. 24. As a result of the foregoing, Khiry and Nazier have been damaged in the premises, including but not limited to: pain, suffering and mental anguish; fear of law enforcement; loss of enjoyment of life; loss of dignity; loss of constitutional rights; damage to reputation and good name; stress, anxiety and fear; and otherwise have been damaged in the premises. 25. Further, Unique LeFlore and Cassandra Landes, as the mothers of Khiry and Nazier, respectively, sustained damages including but not limited to: Page 5 of 12 Index 2015-0627 Cl2015-15479 7 770810712015 12:20:29 PM stress, worry and fear about having their African American children, including Khiry and Nazier, in the community of Ithaca, New York where law enforcement engages in such racist practices and threats; suffering, mental anguish and inconvenience; damages, both direct and derivative of the injuries to the infant plaintiffs. 26. As a result of the foregoing, plaintiffs demand judgment against the defendants in the amount $1,000,000.00 each. 27. As a result of the foregoing, punitive damages are warranted and proper, and the plaintiffs are entitled to an award thereof. 28. Under 42 USC 1988 plaintiffs are entitled to an award of attorney fees. SECOND CAUSE OF ACTION: (CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS UNDER 42 USC 1985[3]) 29. Plaintiffs incorporate herein by reference the allegations set forth in the preceding paragraphs numbered 1 through 28. 30. Khiry Brown and Nazier Landes are persons within the jurisdiction of the United States who are guaranteed the full and equal bene?t of all laws and proceedings for the security of persons and property as is enjoyed by white citizens. 31. Defendants, acting individually and in concert, and acting intentionally and with malice or discriminatory animus, conspired against Khiry Brown and Nazier Landes because they are not white citizens. 32. Defendants conspired against Khiry and Nazier as aforesaid in order to deprive them of the equal protection of the laws. 33. Defendants? actions taken in furtherance of this conspiracy include, but are not limited to, (1) chasing Khiry, Nazier and their African American friends through the City of Ithaca despite knowing or having reason to know that they were not associated whatsoever with any arson; (2) agreeing that the threat of deadly force was appropriate to deal with innocent African American youth who would not comply with a white, unidentified of?cer?s directives; (3) covering up ?mum.? their illegal and improper actions by falsely and publicly connecting Khiry and AT LAW 200 EAST BUFFALO ST. 6 1 2 9.0. BC J53 ITHACA, NEW YORK 14851 CI2015-15479 SCHLATHER. STUMBAR, PARKS I. SALK. LLP ATTORNEYS AT LAW 200 EAST BUFFALO 31'. PO. BOX 353 ITHACA. NEW YORK 14351 03/07/2015 12:20:29 PM Index 2015-0627 Nazier to a criminal investigation; and (4) furthering the apparently implicit if not explicit - racist policies, practices and tradition of the IPD in confronting African American males. 34. By reason of the foregoing, the defendants conspired against Khiry and Nazier in violation of 42 USC 1985(3). 35. As a result of the foregoing, Khiry and Nazier have been damaged in the premises, including but not limited to: pain, suffering and mental anguish; fear of law enforcement; loss of enjoyment of life; loss of dignity; loss of constitutional rights; damage to reputation and good name; stress, anxiety and fear; and otherwise have been damaged in the premises. 36. Further, Unique LeFlore and Cassandra Landes, as the mothers of Khiry and Nazier, respectively, sustained damages including but not limited to: stress, worry and fear about having their African American children, including Khiry and Nazier, in the community of Ithaca, New York where law enforcement engages in such racist practices and threats; suffering, mental anguish and inconvenience; damages, both direct and derivative of the injuries to the infant plaintiffs. 37. As a result of the foregoing, plaintiffs demand judgment against the defendants in the amount $1,000,000.00 each. 38. As a result of the foregoing, punitive damages are warranted and proper, and the plaintiffs are entitled to an award thereof. 39. Under 42 USC 1988 plaintiffs are entitled to an award of attorney fees. THIRD CAUSE OF ACTION (ASSAULT - Sergeant John Norman) 40. Plaintiffs incorporate herein by reference the allegations set forth in the preceding paragraphs numbered 1 through 18. 41. As a result of the foregoing, the defendant Sergeant Norman made unjustified, unprovoked and threatening overt acts against Khiry and Nazier. 42. At all times pertinent herein, the defendant Norman acted intentionally. 43. At all times pertinent herein, defendant Norman intended to, and did, Page 7 of 12 03/07/2015 12:20:29 PM WWIndex #:2015-0627 create in the minds of Khiry and Nazier a reasonable apprehension of imminent physical harm. 44. Norman?s actions against Khiry and Nazier were not otherwise paneged. 45. As a result of the foregoing, Defendant Norman assaulted Khiry and Nazier. 46. As a result of the foregoing, Khiry and Nazier each sustained serious and emotional distress, mental suffering, and fright. 47. As a result of the foregoing, Khiry and Nazier have been damaged in the premises, including but not limited to: pain, suffering and mental anguish; fear of law enforcement; loss of enjoyment of life; loss of dignity; loss of constitutional rights; damage to reputation and good name; stress, anxiety and fear; and otherwise have been damaged in the premises. 48. Further, Unique LeFlore and Cassandra Landes, as the mothers of Khiry and Nazier, respectively, sustained damages including but not limited to: stress, worry and fear about having their African American children, including Khiry and Nazier, in the community of Ithaca, New York where law enforcement engages in such racist practices and threats; suffering, mental anguish and inconvenience; damages, both direct and derivative of the injuries to the infant plaintiffs. 49. As a result of the foregoing, the plaintiffs have been damaged in an amount which exceeds the jurisdictional limits of all lower Courts of the State of New York which otherwise would have jurisdiction of this action, the precise amount of which is to be established by a jury at trial. 50. As a result of the foregoing, punitive damages are warranted and proper, and the plaintiffs are entitled to an award thereof. FOURTH CAUSE OF ACTION (FALSE ARREST) 51. Plaintiffs incorporate herein by reference the allegations set forth in sol-lumen, the preceding pa rag ra bered 1 th roug 18. PARKS SALK, LLP ATTORNEYS AT LAW 5 2 . 200 EAST BUFFALO ST. As a result of the foregoing, the Defendants, acting alone and in Page 8 of 12 P.O. BOX 353 ITHACA. NEW YORK 14851 Cl2015-15479 03/07/2015 12:20:29 PM Index 2015-0627 concert, intended to con?ne Khiry and Nazier and did con?ne them, without any reasonable suspicion or probable cause to do the same. 53. Khiry and Nazier were conscious of and terrified by their confinement, and provided no voluntary consent to the same. 54. Khiry?s and Nazier?s con?nement was not otherwise privileged. 55. As a result of the foregoing, Khiry and Nazier have been damaged in the premises, including but not limited to: pain, suffering and mental anguish; fear of law enforcement; loss of enjoyment of life; loss of dignity; loss of constitutional rights; damage to reputation and good name; stress, anxiety and fear; and otherwise have been damaged in the premises. 56. Further, Unique LeFlore and Cassandra Landes, as the mothers of Khiry and Nazier, respectively, sustained damages including but not limited to: stress, worry and fear about having their African American children, including Khiry and Nazier, in the community of Ithaca, New York where law enforcement engages in such racist practices and threats; suffering, mental anguish and inconvenience; damages, both direct and derivative of the injuries to the infant plaintiffs. 57. As a result of the foregoing, the plaintiffs have been damaged in an amount which exceeds the jurisdictional limits of all lower Courts of the State of New York which otherwise would have jurisdiction of this action, the precise amount of which is to be established by a jury at trial. 58. As a result of the foregoing, punitive damages are warranted and proper, and the plaintiffs are entitled to an award thereof. FIFTH CAUSE OF ACTION (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS) 59. Plaintiffs incorporate herein by reference the allegations set forth in the preceding paragraphs numbered 1 through 18. 60. The defendants, as law enforcement of?cers, owed various duties to Khiry and Nazier, citizens of their community. Among those duties, defendants had a duty to refrain from a search and seizure of Khiry and/or Nazier absent SCHLATHER. STUMBAR. I reasonable suspicion or probable cause that either of them had committed a ATTORNEYS AT LAW 200 EAST BUFFALO ST. P.O.BOX353 ITHACA. NEW YORK 14851 Page 9 of 12 CI2015-15479 SCHLATHER, STUMBAR. PARKS G: SALK, LLP ATTORNEYS AT LAW 200 EAST BUFFALO ST. P.O. BOX 353 ITHACAI NEW YORK 14551 08I07I2015 12:20:29 PM Index 2015-0627 crime. Further, defendants had a duty to refrain from using or threatening deadly force against Khiry or Nazier absent authorized circumstances not present herein. Accordingly, by their aforesaid extreme and outrageous conduct, defendants breached duties that they owed to Khiry and Nazier. 61. By reason of the foregoing, defendants unreasonably endangered Khiry and Nazier?s physical safety and caused them to fear for their own safety. 62. As a result of the foregoing, Khiry and Nazier suffered extreme emotional distress. 63. As a result of the foregoing, Khiry and Nazier have been damaged in the premises, including but not limited to: pain, suffering and mental anguish; fear of law enforcement; loss of enjoyment of life; loss of dignity; loss of constitutional rights; damage to reputation and good name; stress, anxiety and fear; and otherwise have been damaged in the premises. 64. Khiry and Nazier, respectively, sustained damages including but not limited to: Further, Unique LeFlore and Cassandra Landes, as the mothers of stress, worry and fear about having their African American children, including Khiry and Nazier, in the community of Ithaca, New York where law enforcement engages in such racist practices and threats; suffering, mental anguish and inconvenience; damages, both direct and derivative of the injuries to the infant plaintiffs. 65. As a result of the foregoing, the plaintiffs have been damaged in an amount which exceeds the jurisdictional limits of all lower Courts of the State of New York which otherwise would have jurisdiction of this action, the precise amount of which is to be established by a jury at trial. 66. proper, and the plaintiff is entitled to an award thereof. As a result of the foregoing, punitive damages are warranted and SIXTH CAUSE OF ACTION (NEGLIGENCE) 67. Plaintiffs incorporate herein by reference the allegations set forth in the preceding paragraphs numbered 1 through 18. 68. As a result of the foregoing, the defendants, acting alone or in Page 10 of 12 CI2015-15479 SCHLATHER. STUMBAR, PARKS In SALK. LLP AT LAW 200 EAST BUFFALO 31'. PO. BOX 353 ITHACA, NEW YORK 14851 08107I201 5 12:20:29 PM concert, vicariously or otherwise, were negligent in the premises, including but not limited to: The City of Ithaca, the Ithaca Police Department and the Chiefs and other managers of Ithaca Police Department failed to properly hire, train, supervise and guide their officers under the circumstances present herein; defendants failed to exercise good judgment or otherwise act within the discretion vested in them under the law; defendants failed to exercise any proper or reasonable protocol toward Khiry and Nazier on the night at issue; defendants failed to act as reasonable and prudent persons or entities would under similar circumstances; and defendants were otherwise negligent and/or reckless in the premises. 69. As a result of the foregoing, Khiry and Nazier have been damaged in the premises, including but not limited to: pain, suffering and mental anguish; fear of law enforcement; loss of enjoyment of life; loss of dignity; loss of constitutional rights; damage to reputation and good name; stress, anxiety and fear; and otherwise have been damaged in the premises. 70. Further, Unique LeFlore and Cassandra Landes, as the mothers of Khiry and Nazier, respectively, sustained damages including but not limited to: stress, worry and fear about having their African American children, including Khiry and Nazier, in the community of Ithaca, New York where law enforcement engages in such racist practices and threats; suffering, mental anguish and inconvenience; damages, both direct and derivative of the injuries to the infant plaintiffs. 71. As a result of the foregoing, the plaintiffs have been damaged in an amount which exceeds the jurisdictional limits of all lower Courts of the State of New York which otherwise would have jurisdiction of this action, the precise amount of which is to be established by a jury at trial. 72. As a result of the foregoing, punitive damages are warranted and proper, and the plaintiffs are entitled to an award thereof. WHEREFORE, the plaintiffs demand judgment against the defendants as follows: On the first cause of action, an award of $1,000,000.00 each in compensatory damages, plus punitive damages and attorney fees; on the second Page 11 of 12 Index 2015-0627 Cl2015-15479 SCHLATHER, STUMBAR, PARKS SALK. LLP ATTORNEYS AT LAW 200 EAST BUFFALO 5T. P.O. BOX 353 NEW YORK 14851 08l07l2015 12:20:29 PM Index 2015-0627 cause of action, an award of $1,000,000.00 each in compensatory damages, plus punitive damages and attorney fees; on the remaining causes of action, an amount which exceeds the jurisdictional limits of all lower Courts of the State of New York which otherwise would have jurisdiction of this action, the precise amount of which is to be established by a jury at trial, plus costs. RAYMONE M. SCHLATHER, ESQ. SCHLATHER, STUMBAR, PARKS SALK, LLP Attorneys for Plaintiffs Office and Post Office Address 200 East Buffalo Street P.O. Box 353 Ithaca, New York 14851-0353 DATED: Ithaca, New York August 1, 2015 Page 12 of 12