- Case Documentl 1 Filed 04/07/15 Page 1 of 22 PageID 1 15-1907 . LAW OFFICES OF CLERK 0' KEKE ASSOCIATES, P.C. 801 Franklin Avenue. ZULSAPR PH 151.5 Brooklyn, New York 11238 Tel.: (718) 855-9595 PH fit Attorneys for plaintiff(s) EA 51:? JAY SMITH, STATES DISTRICT COURT DISTRICT OF NEW YORK P1aintiff(s), CASE No.: against CIVIL ACTION THE CITY OF NEW YORK, JOHNSON, J. P. O. RODNEY GREENIDGE, SHIELD #28511: 3 pa JOHN DOE AND 1- 10 MAB. inclusive, the names of the last - defendants being fictitious, the PLAINTIFF DEMANDS true names of the defendants being TRIAL BY JURY unknown to the plaintiff. Defendant(s). . TAKE NOTICE, the Plaintiff, Jay Smith, hereby appears in this action by his attorneys, The Law Offices of O?keke Associates, P.C., and, demands that all papers be served ?upon him, at the address below, in this matter. Plaintiff, Jay Smith, by his attorneys, The Law Offices of O?keke Associates, P.C., complaining of the defendants, The City of New York, P.O. Rodney Greenidge, Shield #28511, and "John Doe" and "Jane Doe" 1-10, collectively referred to as the Defendants, upon information and belief alleges as follows: NATURE OF THE ACTION 1. This is an action at law to redress the deprivation of rights secured to the plaintiff under color of statute, Case Document 1 Filed 04/07/15 Page 2 of 22 PageID 2 ordinance, regulation, custom, and or to redress the deprivatirnl of rights, privileges, and immunities secured to the plaintiff by the Fourth, Fifth and Fourteenth Amendments to the Constitution of the United States, and by Title 42 U.S.C. 1983 [and 1985], [and arising under the law and statutes of the State of New York]. JURISDICTION The jurisdiction of this Court is invoked under 28 U.S.C. ?1343(3), this being an action authorized by law to redress the deprivation of rights secured under color of state and city law, statute, ordinance, regulation, custom and usage of a right, privilege and immunity secured to the plaintiff by the Fourteenth Amendment to the Constitution of the United States. Jurisdiction of this court exists pursuant to 42 USC ?1983 and under the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. All causes of action not relying exclusively on the aforementioned federal causes of action as a basis of this Court?s jurisdiction are based on the Court's supplemental jurisdiction pursuant to 28 U.S.C. ?1367 to hear state law causes of action. The events, parties, transactions, and injuries that form the basis of plaintiff's federal claims are identical to the events, parties, transactions, and injuries that form the basis of plaintiff?s claims under applicable State and City laws. As the deprivation of rights complained of herein occurred within the Eastern District of New York, venue is proper in this district pursuant to 28 U.S.C. ??1391 and SAIISEACTION OF THE PROCEDURAL PREREQUISITES FOR SUIT All conditions precedent to the filing of this action have 2 Case Document 1 Filed 04/07/15 Page 3 of 22 PageID 3 10. 11. 12. been complied with. PARTIES Plaintiff resides in Brooklyn, Kings County, New York and is a resident of the State of New York. The actions which form the underlying basis for this case all took place in the County of Kings, within the jurisdiction of the Eastern District of New York. Defendant, P.0. Rodney Greenidge, Shield #28511, is a police officer for the City of New York, acting under color of state law. He is being sued in both his individual and official capacity. The Defendant, City of New York is aa municipality in the State of New York and employs the Defendant Police Officer. Defendants "John Doe" and "Jane Doe" ?l?through?lo are unknown police officers for the City of New York, acting under color of state law. They are being sued in both their individual and official capacity. On or about June 24, 2014 sometime after 8:30 in the morning hours, the plaintiff was driving down Berriman Street, coming from Pitkin Avenue, heading towards Glenmore Avenue, when he noticed the defendants sirens and flashing lights behind turn The plaintiff pulled over