INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/27/2017 NEW YORK SUPREME COURT COUNTY OF NEW YORK --------------------------------------------------------------------------- X ERIC CONRAD, as Administrator of the Estate of Garry J. Conrad, Plaintiff, FIRST AMENDED VERIFIED COMPLAINT - against THE CITY OF NEW YORK, a municipal entity; NYPD Police Officer ADOLFO PERALTA; NYPD Sergeant MARK AMUNDSON; and NYPD Police Officer KEVIN GLEASON, JURY TRIAL Defendants. --------------------------------------------------------------------------- X Plaintiff ERIC CONRAD, as Administrator of the Estate of Garry J. Conrad, by his attorneys, Beldock Levine & Hoffman LLP, as and for the Complaint, alleges as follows: PRELIMINARY STATEMENT 1. This action is brought by the Estate of Garry J. Conrad who was shot and killed by New York City Police Department (“NYPD”) officers on May 18, 2016, at 49th Street and Eighth Avenue in Manhattan. 2. Mr. Conrad, who worked as a stagehand at a number of Broadway shows in New York City, was shot seven times by NYPD officers after an alleged verbal disagreement with employees at a grocery store. 3. Mr. Conrad’s family members, residents of Massachusetts, were not present at the time he was killed and made immediate efforts to learn about the events that led to his death. 4. Those year-long efforts have recently resulted in the disclosure of a copy of the autopsy report for Mr. Conrad and identification of the officers involved. The family’s efforts to 1 of 13 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 INDEX NO. 154550/2017 RECEIVED NYSCEF: 07/27/2017 secure copies of police reports and surveillance recordings documenting the circumstances of Mr. Conrad’s death remain unfulfilled to date. 5. Mr. Conrad’s estate now seeks redress pursuant to New York State law for the injuries caused by the conduct of the officers involved. 6. Plaintiff seeks (i) compensatory damages for wrongful death, physical injury, psychological and emotional distress, and financial loss caused by the illegal actions of the defendants; (ii) punitive damages to deter such intentional or reckless deviations from well-settled law; and (iii) such other and further relief, including costs and attorneys’ fees, as this Court deems equitable and just. JURISDICTION AND VENUE 7. This action is brought for violations of Mr. Conrad’s rights under New York State common and statutory law. 8. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 9. Pursuant to CPLR §§ 503 and 504, venue is proper in New York County because it is the county in which Eric Conrad was appointed administrator of the Estate of Garry J. Conrad and where the events giving rise to this action took place. COMPLIANCE WITH NEW YORK GENERAL MUNICIPAL LAW 10. Plaintiff served a Notice of Claim upon the City of New York on August 9, 2016, within ninety days of the events giving rise to the claims contained therein. 11. On February 13, 2017, Plaintiff ERIC CONRAD, as Administrator of the Estate of Garry J. Conrad, appeared for an examination pursuant to § 50-h of New York’s General Municipal Law. 2 2 of 13 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 12. INDEX NO. 154550/2017 RECEIVED NYSCEF: 07/27/2017 More than thirty days have elapsed since Plaintiff served his Notice of Claim and the City has not offered adjustment or payment thereof. 13. At the time the Notice of Claim was filed, Plaintiff was unable to obtain the names of the NYPD officers involved in the events on May 18, 2016 that resulted in the death of Garry J. Conrad. 14. Now that the names of the officers involved in the events of May 18, 2016 have become available to Plaintiff, a motion to supplement the original Notice of Claim has been made for the purpose of substituting those names in place of references to NYPD officers. JURY DEMAND 15. Plaintiff demands a trial by jury in this action on each and every one of his claims for which jury trial is legally available. THE PARTIES Plaintiff 16. Garry J. Conrad was a 46 year old theater stagehand in New York City. At the time of his death on May 18, 2016, he resided at 681 West 193rd Street, New York, New York 10040. 17. ERIC CONRAD, Garry J. Conrad’s brother, was appointed by the Surrogate’s Court of New York County as the Administrator of Mr. Conrad’s Estate for purposes of this litigation. He is a citizen of the United States and of the Commonwealth of Massachusetts and resides in the City of Haverhill in County of Essex. 18. Garry J. Conrad is also survived by his parents, Garry and Janice Conrad, who are the legal distributees of his Estate. 3 3 of 13 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/27/2017 Defendants 19. THE CITY OF NEW YORK (the “City”) is a municipal entity created and authorized under the laws of the State of New York. 20. The City is authorized by law to maintain a police department, and does maintain the New York City Police Department (“NYPD”) which acts as its agent in the area of law enforcement and for which it is ultimately responsible. The City assumes the risks incidental to the maintenance of a police force and the employment of police officers and detectives. 21. Defendant NYPD Sergeant MARK AMUNDSON, NYPD Officer ADOLFO PERALTA, and NYPD Officer KEVIN GLEASON are employees of the NYPD who unlawfully assaulted, battered, shot, and killed Garry J. Conrad. They are sued in their individual and official capacities as NYPD Police Officers. 22. At all times relevant herein, Defendants AMUNDSON, PERALTA, and GLEASON acted under color of state law in the course and scope of their duties and/or functions as agents, employees, and/or officers of the City and/or the NYPD, and incidental to the pursuit of their duties as agents, employees, and/or officers of the City and/or the NYPD. STATEMENT OF FACTS Garry J. Conrad 23. Garry J. Conrad was a skilled stagehand in the New York City theater scene with approximately 30 years of experience. 24. Mr. Conrad had studied theater technology at Emerson College. He specialized in lighting and, in particular, Vari Lighting systems, which were complex machines that required both technical skills as well as computer programming skills. 4 4 of 13 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 25. INDEX NO. 154550/2017 RECEIVED NYSCEF: 07/27/2017 Mr. Conrad moved to New York in approximately 2008 after working as a stagehand for a number of years in the Boston area. 26. In New York, he worked on Broadway productions such as Mary Poppins, Chicago, Legally Blonde, and The Phantom of the Opera. 27. Stagehands rarely worked on one Broadway show at a time, and would work as needed at a variety of different theaters. 28. Mr. Conrad was a member of the Local One Union of the International Alliance of Theatrical Stage Employees (I.A.T.S.E.) (hereinafter “Local One”). Mr. Conrad’s Death 29. Upon information and belief, early on the morning of May 18, 2016, Mr. Conrad was in Manhattan’s Theater district picking up a check and seeking any available work, as was the norm in his field. 30. That same morning, upon information and belief, Defendant NYPD Sergeant MARK AMUNDSON, NYPD Officer ADOLFO PERALTA, and NYPD Officer KEVIN GLEASON were assigned to patrol at the intersection of West 49th Street and Eighth Avenue due to a strike by Verizon workers. 31. At approximately 8:30 a.m. on May 18, 2016, Mr. Conrad entered the Food Emporium on West 49th Street and Eighth Avenue in Manhattan. 32. Upon information and belief, Mr. Conrad had a verbal disagreement with an employee of the Food Emporium causing him to become loud, visibly agitated, and extremely emotionally distraught. 33. Upon information and belief, employees of the Food Emporium instructed Mr. Conrad to leave the premises and summoned Officer GLEASON to assist in persuading him to 5 5 of 13 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 INDEX NO. 154550/2017 RECEIVED NYSCEF: 07/27/2017 exit the store. 34. Upon information and belief, Officer GLEASON entered the Food Emporium and observed Mr. Conrad behaving irrationally, shouting and cursing at the store’s personnel. 35. Upon information and belief, despite Mr. Conrad’s emotionally charged state of mind, Officer GLEASON spoke to him, persuaded him to leave, and escorted him out of the Food Emporium onto the sidewalk on Eighth Avenue. 36. Once outside, upon information and belief, Mr. Conrad sought to end the episode by turning and walking away from the store and Officer GLEASON. 37. Upon information and belief, Officer GLEASON, in violation of NYPD Patrol Guide provisions regarding the use of force and the proper treatment of persons who are emotionally disturbed, intentionally ran up behind Mr. Conrad and, without warning, grasped a strap on his backpack, and forcefully threw him to the ground. 38. In doing so, upon information and belief, Officer GLEASON fractured Mr. Conrad’s jaw and caused a number of contusions and lacerations to Mr. Conrad’s face. 39. Officer GLEASON made no effort to consult with a supervisor prior to making physical efforts to take Mr. Conrad into custody. 40. Upon information and belief, Officer GLEASON’s unjustified commencement of the use of physical force was the impetus for the further deadly physical force used by defendants Sergeant AMUNDSON and Officer PERALTA that resulted in the death of Garry J. Conrad. 41. Mr. Conrad was restrained on the ground. 42. Upon information and belief, Mr. Conrad attempted to lift himself up from the ground and release himself from Officer GLEASON’S grip. 43. Mr. Conrad was then shot seven times. 6 6 of 13 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 44. RECEIVED NYSCEF: 07/27/2017 Upon information and belief, Sergeant AMUNDSON shot Mr. Conrad two times, while Officer PERALTA fired seven times, hitting Mr. Conrad five times and missing him twice. 45. A bystander was injured by one of the Officer PERALTA’s shots. 46. A knife with a three and ¾ inch blade, commonly used by stagehands, was found near the scene, but, upon information and belief, not near Mr. Conrad’s body at the time he was shot. The Autopsy 47. On May 19, 2016, the Office of the Chief Medical Examiner of the City of New York (hereinafter “ME’s Office”) performed an autopsy of Mr. Conrad, finding that the cause of Mr. Conrad’s death was from gunshot wounds to his neck and torso. 48. The manner of death was deemed a “homicide (shot by police).” 49. The autopsy indicated that the gunshots that caused Mr. Conrad’s death were angled at a downward trajectory, reflecting that Mr. Conrad was either on the ground or falling at the time he was shot. 50. At least two gunshots entered Mr. Conrad’s back and exited from his front. 51. The autopsy also noted that Mr. Conrad had a fractured jaw and blunt impact injuries of his head and extremities. 52. The toxicology report attached to the autopsy showed that no alcohol or drugs were found in Mr. Conrad’s system. The Defendant’s Failure to Safeguard Garry J. Conrad 53. The actions of defendants Officer GLEASON, Sergeant AMUNDSON, and Officer PERALTA upon encountering Garry J. Conrad on May 18, 2016 violated NYPD policies. 54. Prior to and at the time of his physical attack upon Mr. Conrad, Officer GLEASON 7 7 of 13 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/27/2017 was aware that Mr. Conrad was in an emotionally disturbed state. 55. Prior to and at the time of the shooting and killing of Garry J. Conrad, Sergeant AMUNDSON and Officer PERALTA were aware that Mr. Conrad had been viciously physically assaulted by Officer GLEASON and was in a heightened emotionally disturbed state. 56. As a result of their knowledge of Mr. Conrad’s status as an emotionally disturbed person (also known as an “EDP”), Officer GLEASON, Sergeant AMUNDSON, and Officer PERALTA were required to follow certain procedures required by the NYPD, including, but not limited to Patrol Guide Procedure No. 216-05 – Mentally Ill or Emotionally Disturbed Persons. 57. The NYPD Patrol Guide Procedure No. 216-05 in effect on May 18, 2016 was issued on or about August 1, 2013.1 The purpose of Procedure No. 216-05 is to safeguard a mentally ill or emotionally disturbed person who is not seeking medical assistance. 58. Patrol Guide Procedure No. 216-05 imposes upon all members of the NYPD a primary duly to preserve human life. 59. Patrol Guide Procedure No. 216-05 makes the safety of all persons involved in cases involving emotionally disturbed persons of paramount importance. 60. Pursuant to Patrol Guide Procedure No. 216-05, the use of force is limited to preventing serious physical injury or death in circumstances in which the emotional disturbed person is a danger to himself or others. 61. Upon information and belief, at the time physical force was initially used by Officer GLEASON upon Mr. Conrad, there was no danger of serious physical injury or death to Garry J. Conrad or any other person. 1 Patrol Guide Procedure No. 216-05 was renumbered as Procedure No. 221-13 as of June 1, 2016. 8 8 of 13 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 62. INDEX NO. 154550/2017 RECEIVED NYSCEF: 07/27/2017 Patrol Guide Procedure No. 216-05 further provides deadly physical force is not to be used except as a last resort to protect the life of the uniformed member of the service assigned or any other person present. 63. Upon information and belief, the use of deadly physical force by Sergeant AMUNDSON and Officer PERALTA was not necessary to protect the life of NYPD personnel or any other person present as the circumstances in which Garry J. Conrad was shot seven times and killed were created and precipitated by the unauthorized and unlawful use of physical force by Officer GLEASON. 64. Officer GLEASON, Sergeant AMUNDSON, and Officer PERALTA made no effort to establish a zone of safety around Mr. Conrad at any point in time. 65. Officer GLEASON, Sergeant AMUNDSON, and Officer PERALTA made no effort to summon an Emergency Service Unit to respond to the scene. 66. The actions taken by Officer GLEASON, Sergeant AMUNDSON, and Officer PERALTA were deliberate, intentional, reckless and without regard for the life of Garry J. Conrad or well-being of bystanders. 67. Upon information and belief, the CITY OF NEW YORK has long been aware of the need for procedures to protect the well-being of emotionally disturbed persons but has failed to adequately screen, train, supervise, and/or discipline NYPD personnel who immediately resort to use of force and firearms rather than using non-lethal means to control situations involving emotionally disturbed persons. FIRST CAUSE OF ACTION Assault (against the Individual Defendants) 68. Plaintiff realleges and incorporates by reference the allegations set forth in the 9 9 of 13 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 INDEX NO. 154550/2017 RECEIVED NYSCEF: 07/27/2017 foregoing paragraphs as if fully set forth herein. 69. Defendant Officer GLEASON, without just cause, wilfully and maliciously threatened to use physical force against Mr. Conrad, ultimately causing him serious injuries to his face and body, physical pain, mental anguish and fear. 70. Defendants Sergeant AMUNDSON and Officer PERALTA, without just cause, wilfully and maliciously threated to use deadly physical force against Mr. Conrad, ultimately causing his death. 71. Defendants committed the foregoing acts intentionally, wilfully, and with malicious disregard for Mr. Conrad’s rights, and are therefore liable for punitive damages. SECOND CAUSE OF ACTION Battery (against the Individual Defendants) 72. Plaintiff realleges and incorporates by reference the allegations set forth in the foregoing paragraphs as if fully set forth herein. 73. Defendant Officer GLEASON, without just cause, wilfully and maliciously used physical force against Mr. Conrad, causing serious injuries to his face and body, physical pain, and mental anguish. 74. Defendants Sergeant AMUNDSON and Officer PERALTA, without just cause, wilfully and maliciously used deadly physical force against Mr. Conrad, causing his death. 75. Defendants committed the foregoing acts intentionally, wilfully, and with malicious disregard for Mr. Conrad’s rights, and are therefore liable for punitive damages. THIRD CAUSE OF ACTION Wrongful Death (against the Individual Defendants) 10 10 of 13 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 76. INDEX NO. 154550/2017 RECEIVED NYSCEF: 07/27/2017 Plaintiff realleges and incorporates by reference the allegations set forth in the foregoing paragraphs as if fully set forth herein. 77. The acts of Defendants GLEASON, AMUNDSON, and PERALTA, without just cause, wilfully and maliciously inflicted physical force and deadly physical force against Mr. Conrad, wrongfully causing his death. 78. At the time of his death, Mr. Conrad was in good health, able-bodied and industrious. 79. As a direct and proximate result of the individual Defendants’ unlawful conduct, Mr. Conrad’s distributees sustained damages and pecuniary loss in an amount to be determined at trial. FOURTH CAUSE OF ACTION Pain and Suffering (against the Individual Defendants) 80. Plaintiff realleges and incorporates by reference the allegations set forth in the foregoing paragraphs as if fully set forth herein. 81. The acts of the Defendants GLEASON, AMUNDSON, and PERALTA, alleged herein, wrongfully caused Mr. Conrad to suffered severe physical injuries, excruciating pain, mental anguish and awareness of impending death. 82. As a direct and proximate result of the individual Defendants’ unlawful conduct, Plaintiff has suffered damages in an amount to be determined at trial. FIFTH CAUSE OF ACTION Respondeat Superior (against the CITY OF NEW YORK) 83. Plaintiffs realleges and incorporates by reference the allegations set forth in the foregoing paragraphs as if fully set forth herein. 11 11 of 13 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 INDEX NO. 154550/2017 RECEIVED NYSCEF: 07/27/2017 12 of 13 FILED: NEW YORK COUNTY CLERK 07/27/2017 08:07 PM NYSCEF DOC. NO. 12 INDEX NO. 154550/2017 RECEIVED NYSCEF: 07/27/2017 13 of 13