Case 1:18-cv-00898-GLS-DJS Document 1 Filed 08/01/18 Page 1 of 6

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK
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FABIAN MARSHALL,

Plaintiff,

-against- COMPLAINT

JEREMY ARCIELLO, MICHAEL MILLS, JURY TRIAL DEMANDED

sued in their individual capacities,
1:18-cv-898 (GLS/DJS)
Defendants.
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By and through his counsel, Watkins Law and Bergstein & Ullrich LLP, Plaintiff, Fabian

Marshall, complains of defendants as follows:

I. INTRODUCTION

1. Plaintiff Fabian Marshall brings this action to redress the violation of his civil rights

by defendants, namely the use of excessive force by the defendant police officers in violation of the

Fourth and Fourteenth amendments to the United States Constitution, as made actionable by 42

u.s.c. § 1983.

II. PARTIES

2. Plaintiff resides in the County of Ulster, State of New York, within this judicial district.

3. At all relevant times herein, defendant Jeremy Arciello was employed by the City of

Kingston as a police officer. He is sued herein for acts or omissions taken under color of state law.

4. At all relevant times herein, defendant Michael Mills was employed by the City of

Kingston as a police officer. He is sued herein for acts or omissions taken under color of state law.

II. JURISDICTION & VENUE

5. This honorable Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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1343 (3) & (4) and 42 U.S.C. § 1983. This Court may award plaintiff reasonable attorneys' fees and

costs arising from this litigation pursuant to 42 U.S.C. § 1988.

6. As the events giving rise to Plaintiffs claims occurred within the City of Kingston, in

Ulster County, New York, within this judicial district, venue is proper in this court.

III. FACTUAL AVERMENTS

6. On September 4, 2015, at approximately 10:30 a.m., on Broadway in Kingston, New

York, Plaintiff was attempting to cross the street to meet his aunt so that she could drive him to

work.

7. Plaintiff is a tall, thin dark-skinned African-American man with shoulder-length hair; he

was 25 years-old at the time of the underlying events.

8. While waiting for cars to pass, Plaintiff stood next to the sidewalk in a lane that was

closed due to road work. He wore red shorts and a gray t-shirt and was carrying a satchel around his

neck that hung down in front ofhim, and he carried his cell phone in his hand, through which he was

listening to music through earbuds.

9. As Plaintiff waited for the street to clear so that he could cross, Defendant Arciello, in

uniform, approached him and asked hin, "What happened?"

10. Plaintiff had no idea what Arciello was talking about and asked Arciello what he was

talking about and who he was looking for.

11. Arciello did not explain why he had stopped Plaintiff, but instead said, "You were

involved," and told him to "get on the sidewalk."

12. Plaintiff, who had no idea what Arciello was talking about and was now scared for his

safety, did not immediately get on the sidewalk, because he paused to turn on the video-reorder on

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by videotape from Arciello's dashboard camera (with sound from his body microphone) and

Plaintiffs cell phone, which fell to the ground after Arciello grabbed Plaintiff in a necklock and

proceeded to assault him. A composite of the videos is available online at

https://www.youtube.com/watch?v=7CVJAUpk6VA. The video from Arciello's dashcam is

available at https://www.youtube.com/watch?v=vLGLcSRl Ooc.

23. The video from Arciello' s dashcam depicted a short, balding, light-skinned, middle-aged

African-American man running past the scene where Plaintiff was getting beaten by Arciello and

Mills and, on information and belief, that individual was the actual alleged perpetrator of the alleged

assault of the bicycle rider.

24. After beating and tasing Plaintiff, Arciello arrested and charged Plaintiff with obstruction

of justice and resisting arrest.

25. Plaintiff was subsequently tried and convicted of obstruction of justice, apparently for

not getting on the sidewalk when Arciello ordered him to. He was acquitted of resisting arrest.

26. Despite beating and tasing him, Defendants did not take Plaintiff for medical treatment.

27. After he was released from custody, on September 4, 2017, Plaintiff was taken by his

family to Northern Dutchess Hospital, which documented that he had contusions to his face and body

from the beating by Defendants. Because of the seriousness of his injuries, the hospital also

administered CT-scans of Plaintiffs head and face and X-rays of his right shoulder, and it placed

his right shoulder in a sling.

28. The force used by Defendants was unreasonable and caused Plaintiff to suffer conscious

physical pain and suffering and physical injuries, including to his right shoulder, as well as emotional

distress and lost wages.

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29. Defendants acted maliciously and/or in reckless disregard of Plaintiffs constitutional

rights.

IV. CAUSES OF ACTION

30. By dint of the foregoing, Defendants subjected Plaintiff to excessive force, in violation

of his rights under the Fourth and Fourteenth Amendments to the United States Constitution, as

made actionable by 42 U.S.C. § 1983.

V. PRAYER FOR RELIEF

31. WHEREFORE, plaintiff prays that this Honorable Court:

(a) empanel a jury to hear and decide this matter;

(b) award to Plaintiff compensatory damages;

(c) award to Plaintiff punitive damages against the Defendants for their egregious violations of

plaintiffs rights which must be punished and/or deterred;

(d) award to plaintiff reasonable attorneys' fees and costs pursuant to 42 U.S.C. section 1988,

and

(e) enter any other relief justified by the law and facts.

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Dated: New Paltz, New York

August 1, 2018

5 Paradies Lane
New Paltz, NY 12561
(845) 419-2250

Stephen Bergstein
BERGSTEIN & ULLRICH LLP
5 Paradies Lane
New Paltz, NY 12561
(845) 469-1277
Attorneys for Plaintiff-