UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK

___________________________________

TIM WALES,
Plaintiff,

vs.

CITY OF SARATOGA SPRINGS,

ANTHONY SCIROCCO, JENNIFER
MERRIMAN and MIRIAM DIXON,

Defendants.

____________________________________

COMPLAINT AND REQUEST FOR JURY TRIAL

By and through its counsel, McNamee Lochner P.C., plaintiff hereby alleges as against

defendants:

1. Tim Wales (“Plaintiff”) is a United States citizen who resides in the County of

Saratoga, State of New York.

2. The City of Saratoga Springs (“City”) is a municipal corporation organized

pursuant to the laws of the State of New York. It may sue and be sued in this Court.

3. Defendant Anthony Scirocco is the duly elected Commissioner of Public Works

of the City and conducts business within this jurisdiction. He so served at all times relevant

hereto.

4. Defendant Jennifer Merriman is an employee of the City. She so served at all

times relevant hereto.

5. Defendant Miriam Dixon is the Director of Human Resources of the City and so

served at all times relevant hereto.

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 6. As Plaintiff contends that Defendants violated rights secured to him by the

Constitution of the United States, this Court has jurisdiction to hear and adjudicate this matter

pursuant to 28 U.S.C. §§ 1983 and 1988.

7. In 2011, meeting the qualifications for the position, Plaintiff was appointed the

Engineer of the City.

8. On February 23, 2019, Dillon Moran (“Moran”) attended a meeting with a

committee that was going to nominate the individual who would run as a Democrat against

Scirocco for the Commissioner of Public Works of the City at the election on November 5, 2019.

9. At the meeting, Moran mentioned that Plaintiff supported Moran in his bid to be

elected as the Commissioner of Public Works in the City.

10. Upon information and belief, Defendant Scirocco learned that Plaintiff allegedly

supported Moran in his bid to be elected as the Commission of Public Works of the City.

11. Based upon his belief that Plaintiff supported Moran in his bid to be elected as the

Commissioner of Public Works of the City, Defendant Scirocco decided to terminate Plaintiff.

12. In or about March 15, 2019, Defendants Scirocco and Dixon, acting in concert,

suspended Plaintiff from his position and locked him out of his office, disallowing him to collect

his personal belongings and preventing him from accessing his computer and obtaining records

required for his defense against the baseless administrative charges these Defendants asserted

against him.

13. In the proceeding against Plaintiff administratively, these Defendants acted with

Defendant Merriman to fabricate materially false information against Plaintiff.

14. Defendant Scirocco acted as he did in retaliation for Plaintiff’s political

association with Moran.

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 15. Each named Defendant targeted Plaintiff on account of his political association

with Moran and their desire to rid the City government of those associated and also Merriman’s

and Dixon’s desire to politically support Scirocco.

16. Defendant Scirocco made policy for the City and, as such, determined to reprise

against Plaintiff for his association with Moran and thereby cause his removal from office.

17. By dint of the concerted and unlawful effort to punish Plaintiff for his political

association with Moran, Defendants have jointly and severally caused Plaintiff substantial loss of

income and assets, including but not limited to, his pension, severe emotional distress and mental

anguish, ongoing public humiliation and shame.

18. Due to the concerted and unlawful intentional acts of these Defendants, Plaintiff

has been chilled from participating in the political process or from so associating.

FIRST CLAIM

19. Plaintiff incorporates, repeats and realleges all of the preceding allegations as

though fully set forth herein.

20. Each Defendant violated Plaintiff’s rights as guaranteed by the First Amendment

and made actionable by 42 U.S.C. § 1983 by taking adverse actions against Plaintiff on the basis

of his protected political association with Moran.

SECOND CLAIM

21. Plaintiff incorporates, repeats and realleges all of the preceding allegations as

though fully set forth herein.

22. Plaintiff suffers from the disability of being hearing impaired.

23. Due to Plaintiff’s disability, Plaintiff has a tendency to speak louder and stand

closer to individuals with whom he is having a conversation.

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 24. Defendants have discriminated against Plaintiff based upon his disability.

25. Defendants have improperly and unlawfully alleged that Plaintiff’s

aforementioned normal conduct and behavior caused by his disability constitutes aggressive and

unprofessional conduct and has disciplined and requested the termination of Plaintiff from his

employment.

26. Defendants’ discrimination of Plaintiff violates New York State Executive Law

Article 15.

27. By reason of the foregoing, Plaintiff is entitled to recover compensatory,

consequential and punitive damages, plus attorneys’ fees and costs, against the Defendants in an

amount to be determined by this Court.

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WHEREFORE, Plaintiff respectfully requests that this Honorable Court accept jurisdiction in

this matter, convene a jury to decide each claim advanced herein, award to Plaintiff

compensatory, consequential and punitive damages against each Defendant and order

Defendants to pay the reasonably incurred attorneys’ fees and costs Plaintiff incurs in

prosecution of this matter and enter any other relief the interests of justice and equity require.

DATED: October 31, 2019 McNAMEE LOCHNER P.C.

By: /S/ Kevin Laurilliard

Kevin Laurilliard, Esq.
Attorneys for Plaintiff
677 Broadway, Suite 500
Albany, NY 12207
518-447-3200
laurilliard@mltw.com

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