Case 5:17-cv-00475-TJM-ATB Document 1 Filed 05/01/17 Page 1 of 9

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------X
VELINE HICKS,
Plaintiff, COMPLAINT
JURY TRIAL DEMANDED
-against-
Case No.: 5:17-CV-0475 (TJM/ATB)
THE CITY OF SYRACUSE, POLICE OFFICER
DAVID CRAW shield # 0258 and POLICE OFFICER
DAVID HART shield # 0149
sued herein in their capacity as individuals.
Defendants
-------------------------------------------------------------X

Plaintiff Veline Hicks, by his attorney, Fred Lichtmacher of The Law Office of Fred

Lichtmacher P.C., complaining of the defendants herein, respectfully alleges as follows:

JURISDICTION AND VENUE

1. This action arises under 42 U.S.C. §1983 and the Fourth and Fourteenth

Amendments to the United States Constitution. Subject matter jurisdiction is conferred pursuant

to 28 U.S.C. §§ 1331 and 1343 (a) (3 & 4).

2. Pursuant to 28 U.S.C. §1391(b)(2), venue is proper in the Northern

District of New York as the events forming the basis of this Complaint occurred in that District.

PARTIES

3. At all times relevant, plaintiff Veline Hicks, was a resident of the City of

Syracuse, Onondaga County in the State of New York and he is an African-American male.

4. Upon information and belief, at all times hereinafter mentioned, the CITY

OF SYRACUSE was and still is a municipal corporation duly organized and existing under and

by virtue of the laws of the State of New York.

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5. Upon information and belief, that at all times hereinafter mentioned,

defendant, THE CITY OF SYRACUSE, its agents, servants and employees operated, maintained

and controlled the Syracuse Police Department (SPD), including all the police officers thereof.

6. Upon information and belief, at all times hereinafter mentioned,

defendants POLICE OFFICER DAVID CRAW and POLICE OFFICER DAVID HART, were

employed by Syracuse, as members of its police department and they are sued herein in their

capacity as individuals.

7. Defendants were at all times relevant duly appointed and acting as

employees of the SPD and they are liable for directly participating and/or failing to intervene to

prevent those preventable acts described herein.

8. This action arises under the United States Constitution, particularly under

the provisions of the Fourth and Fourteenth Amendments and under the Civil Rights Act, Title

42 of the United States Code, Section 1983 as well as pursuant to the laws of the State of New

York.

9. At all times relevant, the individual defendants were acting in their

capacities as state actors under color of state law.

FACTS UNDERLYING
PLAINTIFF’S CLAIMS FOR RELIEF

10. On May 15, 2014 at approximately 12: 50 to 1:00 a.m., Mr. Hicks and a

friend were stopped at the vicinity of 809 First North Street, Syracuse, NY 13208 by the

defendant Syracuse police officers and ordered to get out of the vehicle.

11. Mr. Hicks, nervous about the encounter, exited the car and ran.

12. Mr. Hicks without being physically restrained, voluntarily stopped running
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and lied down on his stomach with his hands behind his head, and fingers crossed on the yard of

809 First North Street, Syracuse, NY 13208.

13. As the officers approached Mr. Hicks, a taser was deployed, which missed

Mr. Hicks.

14. Once the officers reached Mr. Hicks who was still on the ground and not a

threat to the defendants, the officers nevertheless brutally attacked Mr. Hicks with kicks,

punches, and by using their elbows and knees.

15. Mr. Hicks covered his head and private parts, while screaming for help.

16. Seconds later, Mr. Hicks was grabbed by his hair and slammed hard

against the floor multiple times.

17. Eventually, the officers grabbed Mr. Hicks’ hands, placed them behind his

back and handcuffed him, while still punching and kicking him around his torso.

18. The officers proceeded to lift Mr. Hicks off the ground and then

physically abused him some more including but not limited to by slamming him back on the

ground.

19. Defendant David Craw, then stated to Mr. Hicks “ see what happens to

you n.....s when you run” using a racially derogatory term.

20. Mr. Hicks cried that he needed a ambulance because he was in pain but the

defendants ignored him despite his obvious need for immediate medical treatment.

21. A few minutes later, an ambulance arrived, but shortly after its arrival, it

was approached by one of the officers, who said something, and then it left.

22. Mr. Hicks was placed in a marked police van to be transported to the

justice center to be processed.

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23. While the vehicle was waiting to depart, Police Officer David Craw called

him to the back of the vehicle and started harassing him by squeezing a battle of water into his

face and telling him to do something about it.

24. As a result of the gratuitous beating, Mr. Hicks had to be taken to the

hospital where Mr. Hicks was diagnosed with several injures including a post vitreous

detachment, a broken rib, ligament damage and fractures on his left wrist, arm, and hand.

25. There was no need to use any force much less the gratuitous, malicious

force employed, before and after the handcuffs were placed on Mr. Hicks.

26. Currently, Mr. Hicks is still experiencing pain in his right wrist, back, his

ribs (which healed in a way in which they are protruding outward), head and he has impaired

vision in one eye.

FIRST CLAIM FOR RELIEF ON BEHALF OF PLAINTIFF

VIOLATION OF THE FOURTH AND FOURTEENTH AMENDMENTS
TO THE UNITED STATES CONSTITUTION
VIA THE USE OF EXCESSIVE AND UNREASONABLE FORCE

27. Plaintiff repeats, reiterates and realleges each and every allegation

contained in the prior paragraphs as if fully stated herein.

28. Mr. Hicks’ rights have been violated pursuant to the Fourth Amendment to

the United States Constitution made applicable to the statues by virtue of the Fourteenth

Amendment pursuant to 42 U.S.C. § 1983, via his being subjected to excessive and unreasonable

force.

29. The defendants beat Mr. Hicks unnecessarily and maliciously without the

need to use any force, much less the unreasonable, excessive, gratuitous force employed.

30. As a direct consequence of defendants’ actions, plaintiff was deprived of

 Case 5:17-cv-00475-TJM-ATB Document 1 Filed 05/01/17 Page 5 of 9

rights, privileges and immunities pursuant to the Fourth and Fourteenth Amendment to the

United States Constitution, and more particularly, his right to be free from the use of excessive

and unreasonable force.

31. The defendants’ actions caused plaintiff to sustain physical injuries,

including permanent and non-permanent physical injuries, pain and suffering, scarring,

deformity, emotional harms, to wit, the fear he would continue to be beaten and otherwise abused

and he was otherwise harmed.

32. By reason of the aforesaid, the plaintiff has been damaged and he is

entitled to compensatory damages in the sum of not more than $1,000,000.00 (ONE MILLION)

DOLLARS in compensatory damages as well as punitive damages in an amount to be determined

at trial and plaintiff is entitled to an award of attorneys’ fees, costs and disbursements pursuant to

42 USC §1988.

SECOND CLAIM FOR RELIEF ON BEHALF OF PLAINTIFF

FAILURE TO INTERVENE
IN VIOLATION OF THE FOURTH AND FOURTEENTH
AMENDMENTS TO THE UNITED STATES CONSTITUTION

33. Plaintiff repeats, reiterates and realleges each and every allegation

contained in the prior paragraphs as if fully stated herein.

34. Mr. Hicks was subjected to the use of excessive, unreasonable and

unnecessary force in part due to the defendant officers’ failure in their affirmative duty to

intervene to prevent the commencement and continuation of the violations of Mr. Hick’s Fourth

Amendment rights.

35. The defendants had a reasonable opportunity to intervene to prevent the

beating from commencing and from continuing which was happening in their presence and they
 Case 5:17-cv-00475-TJM-ATB Document 1 Filed 05/01/17 Page 6 of 9

failed to do so.

36. The defendants’ actions caused plaintiff to sustain physical injuries,

including permanent and non-permanent physical injuries, pain and suffering, scarring, emotional

harms, to wit, the fear he would continue to be beaten and otherwise abused and he was

otherwise harmed.

37. By reason of the aforesaid, the plaintiff has been damaged and he is

entitled to compensatory damages in the sum of not more than $1,000,000.00 (ONE MILLION)

DOLLARS in compensatory damages as well as punitive damages in an amount to be determined

at trial and plaintiff is entitled to an award of attorneys’ fees, costs and disbursements pursuant to

42 USC §1988.

THIRD CLAIM FOR RELIEF ON BEHALF OF PLAINTIFF

PURSUANT TO 42 U.S.C. § 1983 AGAINST DEFENDANT SYRACUSE
i.e., MONELL CLAIM

38. Plaintiff repeats the allegations contained in the prior paragraphs as if fully

stated herein.

39. Syracuse is liable to the plaintiff for having violated plaintiff’s rights

protected by the Fourth Amendment to the United States Constitution, more specifically his right

to be free from the use of excessive and unreasonable force.

40. As a matter of de facto policy, Syracuse tolerates members of the SPD

committing acts violating the Fourth Amendment rights of members of the African American

community.

41. Syracuse operates and controls a police department with numerous

members, insensitive and hostile to the African American community.

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42. The SPD has had frequent instances of the use of gratuitous, unreasonable

and excessive force against members of the African American community as well as other

violations of that community’s constitutional rights and still, Syracuse has failed to take effective

action to curtail the aforementioned behavior by its officers.

43. It is the de facto policy of the SPD to tolerate excessive force and overt

acts of racism by its officers against members of the African American community.

44. There are frequent complaints against the SPD to Internal Affairs and to

the Citizens Review Board and the SPD takes no effective action to remedy the ongoing problem

of SPD officers discriminating against and using excessive and unnecessary force against

members of the African American community.

45. Due to the de facto racism within the SPD and Syracuse’s tolerance

thereof, plaintiff suffered the harms outlined herein.

46. Defendant Syracuse via its de facto policy of tolerating the abuse of

African Americans, caused plaintiff to sustain physical injuries, including permanent and non-

permanent physical injuries, pain and suffering, scarring, deformity, emotional harms, to wit, the

fear he would continue to be beaten and otherwise abused and he was otherwise harmed.

47. By reason of the aforesaid, the plaintiff has been damaged and he is

entitled to compensatory damages in a sum not more than $1,000,000.00 (ONE MILLION)

DOLLARS in compensatory damages and plaintiff is entitled to an award of attorneys’ fees,

costs and disbursements pursuant to 42 USC §1988.

WHEREFORE, plaintiff respectfully request that judgment be entered as follows:

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(A) Declaratory relief finding that plaintiff Willie J. Strong Jr.’s rights

under the United States Constitution were violated;

(B) Compensatory damages to be determined at trial in a sum not less

than $1,000,000.00 (ONE MILLION) DOLLARS

(C) By reason of the wanton, willful and malicious character of the conduct

complained of herein, punitive damages against the individual defendants

in an amount to be determined at trial;

(D) An award to plaintiff of the costs and disbursements herein;

(E) An award of attorneys’ fees under 42 U.S.C. §1988; and

(F) Such other and further relief as this Court may deem just and

proper.

Dated: New York, New York

May 1, 2017

/s/
FRED LICHTMACHER 513193
The Law Office of Fred Lichtmacher P.C.
Attorney for Plaintiff
116 West 23rd, Suite 500
New York, New York 10011
Tel. No. (212) 922-9066

To: The City of Syracuse

City of Syracuse Corporation Counsel
233 E Washington St
Syracuse, NY 13202

POLICE OFFICER CRAW,

511 S State Street
Syracuse New York 13202

POLICE OFFICER HART

511 S State Street
Syracuse New York 13202
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 Case 5:17-cv-00475-TJM-ATB Document 1-1 Filed 05/01/17 Page 1 of 1
JS44 (Rev. 07/16)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither rgrlace nor supplement the filing and service ofpleadingsorolher papers as required by law except as
provided^ local roles ofcourt. This form,approved by the Judicial Conference of the United Stales in September 1974, is required for the use ofthe Gerk ofCourt for the
purpose ofinitiating the civil docket sheet. (SF.ElNbTKCCTlONSONmxn'AOEOl-riliSfnuM.,
I. (a) PLAINTIFFS DEFENDANTS
The City of Syracuse, Police Officer David Craw shield #0258 and
VELINE HICKS Police Officer David Hart shield # 0149

(b) County ofResidence of First Listed Plaintiff Onondaga County of Residence of First Listed Defendant
(itxcEPTiN U.S. vuimu-r t -ases) (IN U.S.PUmiFF CASES ONI.Y)
NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(CI Attorneys (Firm Samt. Address, ami Telephone Number) Attorneys(l/Knwn)

Fred Llchlmacher The Law Office of Fred Llchlmacher P.C. 116 West The City of Syracuse City of Syracuse Corporation Counsel
23rd Street Suite 500 New York New York 10011 (212)922-9066 233 E Washington St Syracuse, NY 13202

II. BASIS OF JURISDICTION (place an "X"In One BoxOnly) III. CITIZENSHIP OF PRINCIPAL PARTIES an "X" In One Box for Plalniiff
(for Diiersiiy Cases Only) and One Box for Defendant)
□ ] U.S. Govcmment 3 Federal Question PTF DEF PTF DEF
Plaintiff Citizen of This Stale D I □ I Incoiporaied or Principal Place 3 4 0 4
of Business In TtiJs Slate

0 2 U.S. Government □ 4 Divcfsity Citizen of Another Stale 0 2 2 Incorporated ani/Principal Place as D 5

Defendant (Indicate CiUienship of Forties in Item III) of Business In Another State

Citizen orSubjcci ofa □ 3 O 3 Foreign Nation □ 6 0 6

__Foreign_Coiui^^_

CONTRACT TORTS FORFEITUREA-ENALTV BANKRUPTCY OTHERCTATim«

□ 110 Insurance PERSONAL INJURY
a 120 MaiiiK n 310Aiip1ane
□ 130 Millet Act □ 315 Airplane ProdiKI
a 140 Negotiable Instrument Liability
□ 150 Recovery ofOveipaymcnt □ 320 Assault, Libel Si
& Enforcement of Judgment Slander
a 151 Medicare Act a 330 Federal Employers'
O 152 Recovery ofDefauIted Liability
Student Loaru a 340 Manne
(Excludes Veterans) □ 345 Marine Product
a 153 Recovery ofOverpaymeiit Liability
ofVeieran's Benefits 0 350 Motor Vdiicle
O 160 SlocLholdcrs'Suits □ 355 Motor Vehicle
O 190OdicrContr»x Product Liability
a 195 Contract Product Liability D 360 Other Personal
□ 196 Franchise Injury
□ 362 Personal Injiny -
Mcdical^Malgrecnc^
REAL WtOPERTY CIVIL RIGHTS
D 210 Land Condemnation 440 Other Civil Rights
O 220 Foreclosure □ 441 Voting
O 230 Rent Lease & Ejecimeni O 442 Employment
0 240ToTtaloLand □ 443 Housing/
0 245 Ton Product Liability Accommodations
0 290 Ail Other Real Property □ 445 Amer w/Disabiliiies
Employment
□ 446 Amer. w/Dtsabilitics
Other
0 448 Education
PERSONAL INJURY
□ 365 Persona] Injury -
Product Liability
□ 367 Health Care'
Pharmaceutical
Personal Injury
Product Liability
a 368 Astreslos Personal
Injury FVoduct
Liability
PERSONAL I'ROPERTV
O 370 Other Fraud
a 371 Truth in Lending
a 380 Other Personal
Property Damage
□ 385 Properly Damage
Product Li^ilily
PRlSCMfER PBTtTIONS
Habeas Corpus:
0 463 Alien Detainee
O 510 Motions to Vacate
Sentence
0 530 General
0 535 Death Penalty
Other:
0 540 Mandamus & Other
□ 550 Civil Rights
□ 555 Prison Condition
0 560 Civil Detainee*
Conditions of
Confinement
O 625 Drug Related Seizure O 422 Appeal 28 use 158 0 375 False Claims Act
ofPn^>erty21 USC881 O 423 Wilhdraual 0 376 Qui Tarn (31 use
a 690 Other 28 use 157 3729(a))
G 400 State Reappcrtionznem
PROPERTY RlBfn^ G 410AmKrusi
0 82C Copyrighu G 430 Banks and Banking
□ 830 Palcni G 450 Commerce
O 840 Tredeitujk G 460 Deporiabon
G 470 Racketeer Influenced aad
SOClALSRCURfrV Corrupt Organizatioiu
0 710 Fair Labor Standards O 861 HIA{1395fi) G 480 Consumer Credit
Act 0 862 Black Lung (923) 0 490Cable/Sa(TV
0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 850 Sectihiics'Cotnmodi ties/
Relations O 864 SSID Title XVI Exchange
□ 740 Railway Labor Act 0 865 RSI(405{g)) O 890 Other Statutoty Actions
0 751 Family and Medical G 891 Agriculluial Acts
Leave Act 0 893 Environmental Matters
0 790 Other Labor Litigation O 895 Freedom of Infonnalion
G 791 Employee Retirement FEDERAL TAX SUITS Act
Income Security Act 0 870 Taxes (U.S. PlaimifT 0 896 Aibitnuion
or Defetidani) 0 899 Admimsiranve Procedure
O 871 IRS-Tbrrd Party Act/Review or Appeal of
26 use 7609 Agency Decision
0 950 Constitutionality of
IMMIGRATION State Statutes
G 462 Narmlization Application
0 465 Other Immigration
Actions

V. ORIGIN (Place an "X" in One Box Only)

XI Original □ 2 Removed from a 3 Remanded from a 4 Reinstated or 5 Transferred from n 6 Multidistrict O 8 Multidistrict
Proceeding Slate Court Appellate Court Reopened Another District Litigation • Litigation -
(specif,) Transfer Direct File
Cite ihe U.S. Civil Statute under which you are ftling (Da nai else lurisJiciiaaalsiatuies unless dlverslte):
42 use § 1983
VI. CAUSE OF ACTION
Drief description of cause:
Excessive Force by members of the Syracuse Police Department
VII. REQUESTED IN □ CHECK IF THIS IS A CLASS ACTIO.N DEMAND S CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 1,000,000.00 JURY DEbUND: 5i Yes □ No
VIII. RELATED CASE(S)
(See Insiruciions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTO YOFRE

05/01/2017
FOR OFFICE use ONLY
0206-4000354AMOUNT $400.00
RECEIPT* APPLYING IFP JUDGE TJM MAG. JUDGE
ATB
Case No.: 5:17-CV-0475