Emily A. Brucato v. City of New York, Et Al.

Case 1:20-cv-01772 Document 1 Filed 04/12/20 Page 1 of 26 PageID #: 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
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EMILY A. BRUCATO COMPLAINT
Plaintiff, JURY DEMAND
-against-
THE CITY OF NEW YORK; ERIC HERNANDEZ, as

Former Commanding Officer, Police Department City of
New York — Police Service Area No.: 5; JOHNATHAN
BLATT, as Former Lieutenant, Police Department City of
New York — Police Service Area No.: 5; MATTHEW
WEINBERGER, as Sergeant, Police Department City of
New York — Police Service Area No.: 5; DEREON U.
WILLIS, as Sergeant, Police Department City of
New York — Police Service Area No.: 5; and SARAH
RAMOS-TILLMAN, as Police Officer, Equity and
Inclusion Liaison, Police Department City of
New York — Police Service Area No.: 5, each sued
individually in their official capacities as employees of
defendant THE CITY OF NEW YORK
Defendants
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The plaintiff, EMILY A. BRUCATO through her attorney THE SANDERS FIRM, P.C.,
files this federal complaint against defendants' THE CITY OF NEW YORK; ERIC
HERNANDEZ; JOHNATHAN BLATT; MATTHEW WEINBERGER; DEREON U. WILLIS;
and SARAH RAMOS-TILLMAN, respectfully set forth and allege that:
INTRODUCTION
This is an action on behalf of the plaintiff EMILY A. BRUCATO, (hereinafter referred
to as "plaintiff') alleging her statutory rights as an employee and citizen were violated due to
defendants' THE CITY OF NEW YORK; ERIC HERNANDEZ; JOHNATHAN BLATT;
MATTHEW WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-TILLMAN'S
gender discrimination.
JURISDICTION AND VENUE
1. The jurisdiction of this Court is invoked pursuant to 18 U.S.C. § 1965, 28 U.S.C. §§
1331, 1343 and 2202 to secure protection of and to redress deprivation of rights secured by:
a. Title VII of the Civil Rights Act of 1964 (hereinafter referred to as "Title VII")
providing for injunctive and other relief against discrimination in employment
on the basis of gender;
b. the Civil Rights Act of 1871, 42 U.S.C. § 1983;
c. New York State Executive Law § 296;
d. New York City Administrative Code § 8-107
2. The unlawful employment practices, violations of plaintiff's civil rights complained
of herein were committed within the Eastern and Southern Districts of New York.
PROCEDURAL REQUIREMENTS
3. Plaintiff has filed suit with this Court within the applicable statute of limitations
period.
4. Plaintiff alleges on or about February 5, 2019, she filed a complaint with the United
States Equal Employment Opportunity Commission (EEOC), Complaint No.: 520-2020-01167.
5. Plaintiff alleges on or December 20, 2019, she requested a Notice of Right to Sue
from the EEOC.1
6. Plaintiff filed this suit within the applicable statute of limitations period.
7. Plaintiff is not required to exhaust any administrative procedures prior to suit under
the Civil Rights Act of 1871.
1 As of this filing, plaintiff has not received the Notice of Right to Sue
but, when received if necessary, will file an amended complaint to reflect
receipt.
2
PLAINTIFF
8. Plaintiff EMILY A. BRUCATO is a female citizen of the United States of America,
over twenty-one (21) years of age and resident of the County of Nassau.
DEFENDANTS'
9. Defendant THE CITY OF NEW YORK is a municipal corporation and at all
relevant times plaintiff's employer, with its central officers in the county of New York, and diverse
other offices and facilities throughout the world.
10. Defendant ERIC HERNANDEZ, as Former Commanding Officer, Police
Department City of New York — Police Service Area No.: 5.
11. Defendant JOHNATHAN BLATT, as Former Lieutenant, Police Department City
of New York — Police Service Area No.: 5.
12. Defendant MATTHEW WEINBERGER, as Sergeant, Police Department City of
New York — Police Service Area No.: 5.
13. Defendant DEREON U. WILLIS, as Sergeant, Police Department City of New
York — Police Service Area No.: 5.
14. Defendant SARAH RAMOS-TILLMAN, as Police Officer, Equity and Inclusion
Liaison, Police Department City of New York — Police Service Area No.: 5.
BACKGROUND
15. Plaintiff alleges defendant THE CITY OF NEW YORK through its managers
within the Police Department City of New York is fully aware female subordinates' accusing
their supervisors of sexual harassment is a very serious problem especially in the ranks of
Sergeant and above.
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within the Police Department City of New York is fully aware sexual harassment is a very
serious problem especially in the ranks of Sergeant and above, yet they are rarely if ever
disciplined.
within the Police Department City of New York fully support 'Supervisor Immunity.'
within the Police Department City of New York through the Office of Equity and Inclusion and
Internal Affairs Bureau specifically investigate cases to reach the result of 'Supervisor
Immunity.'
within the Police Department City of New York fully support the Office of Equity and Inclusion
and Internal Affairs Bureau 'substantiation' rate of less than 10% due to gender bias.
within the Police Department City of New York use 'Supervisor Immunity' and the
`substantiation' rate to promote unqualified employees such as defendant JOHNATHAN
BLATT who then further 'prey' upon female subordinates.
within the Police Department City of New York, although they are fully aware female
subordinates' accusing their supervisors of sexual harassment is a serious problem, the
department allocates very little training resources if any related to sexual harassment.
subordinates' accusing their supervisors of sexual harassment is a serious problem, the
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department does not make sexual harassment training mandatory.
subordinates' accusing their supervisors of sexual harassment is a serious problem, supervisors
are rarely if ever disciplined.
24. Plaintiff alleges defendant THE CITY OF NEW YORK promoted defendant
JOHNATHAN BLATT although its managers within the Police Department City of New York
were fully aware he has a history of engaging in inappropriate 'supervisor-subordinate
relationships' with female subordinates.
25. Plaintiff alleges defendant THE CITY OF NEW YORK promoted defendant
JOHNATHAN BLATT despite his predatory conduct due to gender bias against female
subordinates.
26. Plaintiff alleges that on or about January 6, 2016, she received her civil service
appointment as Police Officer, Police Department City of New York.
27. Plaintiff alleges that the terms of conditions of employment included the
successful completion of a two-year supervised probationary period.
28. Plaintiff alleges that the successful completion of a two-year supervised
probationary period is contingent upon Defendant THE CITY OF NEW YORK through its agent
supervisors' approval.
29. Plaintiff alleges that on or about July 6, 2016, after successfully completing the
Recruit Training School aka Police Academy, Defendant THE CITY OF NEW YORK
transferred her to the Housing Bureau Police Service Area No.: 5.
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30. Plaintiff alleges that Defendant ERIC HERNANDEZ (Commanding Officer)
assigned her to Squad B-2, supervised by Defendant MATTHEW WEINBERGER.
31. Plaintiff alleges that shortly thereafter, she noticed Defendant JOHNATHAN
BLATT (Lieutenant, Second Platoon Commander) giving her 'too much attention.'
32. Plaintiff alleges that shortly thereafter, she noticed Defendant JOHNATHAN
BLATT (Lieutenant, Second Platoon Commander) giving Police Officer Ariana Ortiz 'too much
attention.'
33. Plaintiff alleges that on or about January 29, 2017, acting as agent of Defendant
THE CITY OF NEW YORK, Defendant JOHNATHAN BLATT handpicked she and Police
Officer Ariana Ortiz, then post changed them to work an outside detail with him.
34. Plaintiff alleges that on or about February 15, 2017, Defendant JOHNATHAN
BLATT handpicked her to perform her police duties as his Operator in a marked police vehicle.
35. Plaintiff alleges that as Operator, requires her to drive Defendant JOHNATHAN
BLATT on patrol within Police Services Area No.: 5, area of responsibility.
36. Plaintiff alleges that although she felt uncomfortable, she did not complain about
Defendant JOHNATHAN BLATT giving her "too much attention" because she was on
probation and afraid of retaliation.
37. Plaintiff alleges that while performing her duties as Operator, Defendant
JOHNATHAN BLATT asked, "Hey, would you ever have a threesome? It is ok because my
wife gave me the go ahead."
38. Plaintiff alleges that although she felt mortified, she did not complain about
Defendant JOHNATHAN BLATT'S sexually offensive conduct because she was on probation
and afraid of retaliation.
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39. Plaintiff alleges that shortly thereafter, Defendant JOHNATHAN BLATT
handpicked her to perform her police duties as his Operator in a marked police vehicle.
JOHNATHAN BLATT asked her "Would you ever give a `Blumplcin.' According to Defendant
JOHNATHAN BLATT, a `Blumpkin' is performing a blow job while seated on the toilet.
43. Plaintiff alleges that shortly thereafter, Defendant JOHNATHAN BLATT
handpicked her to perform her police duties as his Operator in a marked police vehicle.
JOHNATHAN BLATT, he commented about Police Officer Ariana Ortiz's "nice ass that really
fills out those administrative pants."
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47. Plaintiff alleges that on or about February 22, 2017, Defendant JOHNATHAN
BLATT handpicked her to perform her police duties as his Operator in a marked police vehicle.
Defendant JOHNATI-IAN BLATT giving her "too much attention" because she was on
JOHNATHAN BLATT ordered her to drive him outside of the Police Service Area No.: 5, area
of responsibility to a dentist located in Manhattan for a cleaning.
50. Plaintiff alleges after some time, Defendant JOHNATHAN BLATT re-entered the
marked police vehicle and moved closely to her face, asking, "If his teeth look good." He also
commented, the female dental staff found him to be sexy.
52. Plaintiff alleges that on or about April 20, 2017, Defendant JOHNATHAN
BLATT handpicked Police Officer Kenneth Darlington to perform his police duties as his
Operator in a marked police vehicle. She seated in the rear passenger seat.
54. Plaintiff alleges that while performing her duties, Defendant JOHNATHAN
BLATT asked her, "Have you ever had sex with a Black Man?"
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55. Plaintiff alleges that Defendant JOHNATHAN BLATT then turned to Police
Officer Kenneth Darling and asked, "Maresca looks like she can take a horse cock, right?"
56. Plaintiff alleges that although she and Police Officer Kenneth Darlington both felt
mortified, they did not complain about Defendant JOHNATHAN BLATT'S sexually offensive
conduct because they were on probation and afraid of retaliation.
57. Plaintiff alleges that shortly thereafter, while inside of Police Service Area No.: 5,
Defendant JOHNATHAN BLATT acting as the Desk Officer, in front of other police supervisors
commented, "Maresca, it looks like you are putting on weight and filling out your administrative
pants nicely."
58. Plaintiff alleges while visibly upset yelled, "Can you just fucking not!"
59. Plaintiff alleges that the other police supervisors did not intervene.
60. Plaintiff alleges that the other police supervisors did not notify the NYPD Office
of Equity and Inclusion or the Internal Affairs Bureau as required by department policy.
62. Plaintiff alleges that she began contemplating resigning from the NYPD.
63. Plaintiff alleges that on or about August 12, 2017, in retaliation for continually
refusing Defendant JOHNATHAN BLATT'S sexually offensive conduct, he ordered Defendant
MATTHEW WEINBERGER to assign her an arrest of a violent Emotionally Disturbed Person
(EDP).
64. Plaintiff alleges that Defendant MATTHEW WEINBERGER told her, "I am
sorry but, I have to give it to you."
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65. Plaintiff alleges that upon arrival at Police Service Area No.: 5, Defendant
JOHNATHAN BLATT acting as the Desk Officer, in front of other police supervisors
commented," I hope you learned your lesson."
66. Plaintiff alleges that the EDP eventually became so violent, immobilized using the
Emergency Services Unit and transported to Bellevue.
67. Plaintiff alleges that while assigned to guard the EDP, the EDP assaulted her.
68. Plaintiff alleges that on or about August 14, 2017, in further retaliation for
continually refusing Defendant JOHNATHAN BLATT'S sexually offensive conduct, he
commented, "I have a fun job for you, your girl misses you."
69. Plaintiff alleges that Defendant JOHNATHAN BLATT then ordered Defendant
DEREON U. WILLIS to assign her to transport the EDP from Bellevue to Elmhurst.
70. Plaintiff alleges that she immediately contacted Police Benevolent Association
Delegate Police Officer Johnathan Kelly, while hysterically crying she disclosed Defendant
JOHNATHAN BLATT'S sexually offensive conduct and requested information about her rights
to file for resignation.
71. Plaintiff alleges that shortly thereafter, Police Officer Johnathan Kelly referred
her to Defendant SARAH RAMOS-TILLMAN (Equity and Inclusion Liaison).
72. Plaintiff alleges that Defendant SARAH RAMOS-TILLMAN was less than
helpful and did not act upon Defendant JOHNATHAN BLATT'S sexually offensive conduct.
73. Plaintiff alleges that Defendant SARAH RAMOS-TILLMAN explained, she
confronts Defendant JOHNATHAN BLATT or sue him in federal court.
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74. Plaintiff alleges that Defendant SARAH RAMOS-TILLMAN did not notify the
NYPD Office of Equity and Inclusion or the Internal Affairs Bureau as required by department
policy.
75. Plaintiff alleges that Police Officer Johnathan Kelly told her, Defendant SARAH
RAMOS-TILLMAN is a "fucking idiot." He then instructed her to contact the NYPD Office of
Equity and Inclusion on her own.
76. Plaintiff alleges that on or about August 18, 2017, she contacted the NYPD Office
of Equity and Inclusion.
77. Plaintiff alleges that on or about August 25, 2017, she and Police Officer
Johnathan Kelly met with Detective Elixandra DeJesus, assigned to the NYPD Office of Equity
and Inclusion.
78. Plaintiff alleges that while describing Defendant JOHNATHAN BLATT'S
sexually offensive and retaliatory conduct to Detective Elixandra DeJesus, she had an emotional
breakdown.
79. Plaintiff alleges that after composing herself, she told Detective Elixandra
DeJesus that she did not feel safe working under Defendant JOHNATHAN BLATT.
80. Plaintiff alleges that Detective Elixandra DeJesus ensured her that Defendant
JOHNATHAN BLATT would not have knowledge of the complaint.
81. Plaintiff alleges that despite filing a complaint against Defendant JOHNATHAN
BLATT, Defendant THE CITY OF NEW YORK did not transfer him and she continued to work
under him.
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82. Plaintiff alleges that on or about September 25, 2017, acting as the Desk Officer
Defendant JOHNATHAN BLATT handed her a notification to meet with Housing Bureau
Investigations regarding the complaint she filed about his misconduct.
83. Plaintiff alleges that while waiting outside the Housing Bureau Investigations
office, Defendant JOHNATHAN BLATT intentionally walked near her and gave her the death
stare.
84. Plaintiff alleges that shortly thereafter, she contacted the NYPD Office of Equity
and Inclusion to file a complaint about Defendant JOHNATHAN BLATT retaliating against her.
85. Plaintiff alleges that the NYPD Office of Equity and Inclusion did not contact her.
86. Plaintiff alleges that shortly thereafter, again she contacted the NYPD Office of
Equity and Inclusion to file a complaint about Defendant JOHNATHAN BLATT retaliating
against her.
87. Plaintiff alleges that again the NYPD Office of Equity and Inclusion did not
contact her.
88. Plaintiff alleges that shortly thereafter, in retaliation for reporting Defendant
JOHNATHAN BLATT'S sexually offensive conduct to the NYPD Office of Equity and
Inclusion and other misconduct to the Housing Bureau Investigations Unit, Defendant
JOHNATHAN BLATT ordered Defendant MATTHEW WEINBERGER to issue a command
discipline against her for one-minute lateness to Roll Call.
89. Plaintiff alleges that Defendant ERIC HERNANDEZ immediately dismissed the
command discipline.
90. Plaintiff alleges that Defendant ERIC HERNANDEZ did not notify the NYPD
Office of Equity and Inclusion or the Internal Affairs Bureau as required by department policy.
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91. Plaintiff alleges that shortly thereafter, Defendant THE CITY OF NEW YORK
transferred Defendant JOHATHAN BLATT.
92. Plaintiff alleges that upon transfer, Defendant JOHNATHAN BLATT contacted
Former Police Officer Ryan McGowan for information to discredit her.
93. Plaintiff alleges that in May 2018, Defendant THE CITY OF NEW YORK
transferred her to Police Service Area No.: 9.
94. Plaintiff alleges that on or about July 25, 2018, the NYPD Office of Equity and
Inclusion notified her that the Police Commissioner has determined the allegation of sexual
harassment SUBSTANTIATED.
95. Plaintiff alleges that the Police Commissioner James P. O'Neill demoted
Defendant JOHNATHAN BLATT from Probationary Lieutenant to Sergeant.
96. Plaintiff alleges that the Police Commissioner directed the department to issue
Defendant JOHNATHAN BLATT Charges and Specifications and attend the Tactical
Communications Course taught at the Police Academy.
97. Plaintiff alleges that the Police Commissioner has determined the allegation of
retaliation UNSUBSTANTIATED.
VIOLATIONS AND CLAIMS ALLEGED

COUNT I
GENDER DISCRIMINATION
IN VIOLATION OF
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
98. Plaintiff re-alleges Paragraphs 1 through 97 and incorporates them by reference as
Paragraphs 1 through 97 of Count I of this Complaint.
99. Plaintiff alleges that defendant THE CITY OF NEW YORK through its agents
engaged in a pattern and practice of gender discrimination against her with respect to the terms,
13
conditions and privileges of employment because of her gender.
100. Plaintiff alleges that defendant THE CITY OF NEW YORK knew or should have
known about gender discrimination in the workplace because of their prior history of
discriminatory conduct.
101. Plaintiff alleges that the discriminatory acts of defendant THE CITY OF NEW
YORK caused her to suffer depression and anxiety.
102. Plaintiff alleges that defendant THE CITY OF NEW YORK acted in an
outrageous and systematic pattern of oppression, bad faith and cover-up.
103. Plaintiff alleges that the acts of defendant THE CITY OF NEW YORK under
color of law caused her to incur significant legal costs, emotional distress, damage to her
personal and professional reputation.
COUNT II
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
104. Plaintiff re-alleges Paragraphs 1 through 103 and incorporates them by reference
as Paragraphs 1 through 103 of Count II of this Complaint.
engaged in various cruel and hostile actions towards her due to gender.
106. Plaintiff alleges that the cruel and hostile acts of defendant THE CITY OF NEW
YORK through its agents under color of law caused her to incur significant legal costs,
emotional distress, damage to her personal and professional reputation.
COUNT III
RETALIATION
IN VIOLATION OF
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107. Plaintiffre-alleges Paragraphs 1 -through 106 and incorporates them by reference as Paragraphs 1
through 106 of Count III of this Complaint.
engaged in various retaliatory actions against her for opposing gender discrimination and filing
such complaints with the NYPD Office of Equity and Inclusion Internal Affairs Bureau and the
EEOC.
109. Plaintiff alleges that as a result of the illegal acts of defendant THE CITY OF
NEW YORK through its agents under color of law caused her to incur significant legal costs,
COUNT IV
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
110. Plaintiffre-alleges Paragraphs 1 through 109 and incorporates them by reference as Paragraphs1
through 109 of Count IV of this Complaint.
111. Plaintiff alleges that defendants' ERIC HERNANDEZ; JOHNATHAN BLATT;
MATTHEW WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-TILLMAN
intentionally engaged in an outrageous and systematic pattern of gender discrimination,
oppression, bad faith and cover-up.
MATTHEW WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-TILLMAN acting
individually and in their official capacities as a public officials of defendant THE CITY OF
NEW YORK under color of law, and having been fully advised that she was being deprived of
her constitutional rights, either acted in a concerted, malicious intentional pattern to further
discriminate against her, or knowing such discrimination was taking place, knowingly omitted to
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act to protect her.
113. Plaintiff alleges defendants' ERIC HERNANDEZ; JOHNATHAN BLATT;
MATTHEW WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-TILLMAN under
color of law caused her to incur significant legal costs, emotional distress, damage to her
COUNT V
IN VIOLATION OF
as Paragraphs 1 through 113 of Count V of this Complaint.
intentionally engaged in an outrageous and systematic pattern of gender discrimination, hostility,
MATTHEW WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-TILLMAN acting
her constitutional rights, either acted in a concerted, malicious intentional pattern to further
discriminate against her, or knowing such discrimination was taking place, knowingly omitted to
act to protect her.
117. Plaintiff alleges defendants' ERIC HERNANDEZ; JOHNATHAN BLATT;
color of law caused her to incur significant legal costs, emotional distress, and damage to her
16
COUNT VI
RETALIATION
IN VIOLATION OF
118. Plainliffre-alleges Paragraphs 1 through 117 and incorporates them by reference as Paragraphs 1
through 117 of Count VI of this Complaint.
intentionally engaged in an outrageous and systematic pattern of gender discrimination, hostility,
MATTHEW WEINBERGER; DEREON U. 'WILLIS; and SARAH RAMOS-TILLMAN acting
her constitutional rights, either acted in a concerted, malicious intentional pattern to retaliate
against her for opposing gender discrimination and filing such complaints with the NYPD Office
of Equity and Inclusion, Internal Affairs Bureau and the EEOC.
color of law caused her to incur significant legal costs, emotional distress, and damage to her
personal and professional reputation
COUNT VII
MONELL CLAIM
IN VIOLATION OF
17
122. Plaintiffre-alleges Paragraphs 1 through 121 and incorporates them by reference as Paragraphs 1
through 121 of Count VII of this Complaint.
123. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents caused
her injuries.
124. Plaintiff alleges defendant THE CITY OF NEW YORK actions of implementing
`official and un-official' policies of supporting gender discrimination, related claims and
`Supervisor Immunity' under color of law.
125. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents
deprived her of constitutional and statutory rights.
126. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents caused
her to sustain damages.
COUNT VIII
NEGLIGENT HIRING
IN VIOLATION OF
as Paragraphs 1 through 126 of Count VIII of this Complaint.
deprived her of constitutional and statutory rights by hiring of defendants' ERIC HERNANDEZ;
JOHNATHAN BLATT; MATTHEW WEINBERGER; DEREON U. WILLIS; and SARAH
RAMOS-TILLMAN.
129. Plaintiff alleges hiring defendants' ERIC HERNANDEZ; JOHNATHAN BLATT;
MATTHEW WEINBERGER; DEREON U. 'WILLIS; and SARAH RAMOS-TILLMAN reflects
a deliberate indifference to the risk that a violation of a constitutional or statutory right would
follow.
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130. Plaintiff alleges because defendants' ERIC HERNANDEZ; JOHNATHAN
BLATT; MATTHEW WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-
TILLMAN she sustained constitutional and statutory injuries.
COUNT IX
FAILURE TO TRAIN
IN VIOLATION OF
as Paragraphs 1 through 130 of Count IX of this Complaint.
132. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents knows
to a moral certainty that its employees will confront a given situation.
133. Plaintiff alleges the situation presents the employee with a difficult choice of the
sort either that training will make less difficult or that there is a history of employees
mishandling the situation.
134. Plaintiff alleges mishandling those situations will frequently cause the deprivation
of a citizen's constitutional rights.
135. Plaintiff alleges because defendant THE CITY OF NEW YORK through its
agents' failure to train its employees regarding gender discrimination, related claims and
`Supervisor Immunity' in the workplace she sustained constitutional and statutory injuries.
COUNT X
FAILURE TO SUPERVISE
IN VIOLATION OF
as Paragraphs 1 through 135 of Count X of this Complaint.
137. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents knows
19
to a moral certainty that its employees will confront a given situation.
138. Plaintiff alleges the situation presents the employee with a difficult choice of the
sort either that training will make less difficult or that there is a history of employees
mishandling the situation.
139. Plaintiff alleges mishandling those situations will frequently cause the deprivation
of a citizen's constitutional rights.
agents' failure to supervise its employees she sustained constitutional and statutory injuries.
COUNT XI
FAILURE TO DISCIPLINE
IN VIOLATION OF
as Paragraphs 1 through 140 of Count XI of this Complaint.
deprived her of constitutional and statutory rights by failing to discipline defendants' ERIC
HERNANDEZ; JOHNATHAN BLATT; MATTHEW WEINBERGER; DEREON U. 'WILLIS;
and SARAH RAMOS-TILLMAN.
143. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents' failure
to discipline defendants' ERIC HERNANDEZ; JOHNATHAN BLATT; MATTHEW
WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-TILLMAN reflects a deliberate
indifference to the risk that a violation of a constitutional or statutory right would follow.
agents' failure to discipline defendants' ERIC HERNANDEZ; JOHNATHAN BLATT;
MATTHEW WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-TILLMAN she
20
sustained constitutional and statutory injuries.
COUNT XII
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
as Paragraphs 1 through 144 of Count XII of this Complaint.
146. Plaintiff alleges that New York State Executive Law § 296, makes it unlawful to
discriminate against any individual in the terms, conditions, or privileges of employment because
of their gender.
147. Plaintiff alleges that defendants' THE CITY OF NEW YORK; ERIC
and SARAH RAMOS-TILLMAN discriminated against her because of her gender.
148. Plaintiff alleges that as a direct and proximate result of the unlawful employment
practices of defendants' THE CITY OF NEW YORK; ERIC HERNANDEZ; JOHNATHAN
TILLMAN, she suffered the indignity of gender discrimination and great humiliation.
and SARAH RAMOS-TILLMAN'S violations caused her to incur significant legal costs,
COUNT XIII
IN VIOLATION OF
as Paragraphs 1 through 149 of Count XIII of this Complaint.
21
of their gender.
152. Plaintiff alleges that the law also makes it unlawful to create an atmosphere where
hostilities are encouraged and/or tolerated.
153. Plaintiff alleges defendants' THE CITY OF NEW YORK; ERIC HERNANDEZ;
RAMOS-TILLMAN engaged in various hostile actions against her based upon her gender.
TILLMAN, she suffered the indignity of gender discrimination.
and SARAH RAMOS-TILLMAN' S violations caused her to incur significant legal costs,
COUNT XIV
RETALIATION
IN VIOLATION OF
through 155 of Count XIV of this Complaint.
of their gender.
22
retaliation is encouraged and/or tolerated.
and SARAH RAMOS-TILLMAN engaged in various retaliatory actions against her as a result of
her opposition to gender discrimination and for filing such complaints with the NYPD Office of
Equity and Inclusion, Internal Affairs Bureau and the EEOC.
and SARAH RAMOS-TILLMAN' S violations caused her mental anguish, emotional distress,
damage to her personal and professional reputation.
COUNT XV
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
through 161 of Count XV of this Complaint.
163. Plaintiff alleges that New York City Administrative Code § 8-107, makes it
unlawful to discriminate against any individual in the terms, conditions, or privileges of
employment because of their gender.
23
and SARAH RAMOS-TILLMAN discriminated against her because of her gender.
RAMOS-TILLMAN'S violations caused her to incur significant legal costs, emotional distress,
COUNT XVI
IN VIOLATION OF
as Paragraphs 1 through 166 of Count XVI of this Complaint.
hostilities are encouraged and/or tolerated.
RAMOS-TILLMAN engaged in various hostile actions against her.
24
TILLMAN, she suffered the indignity of gender discrimination.
and SARAH RAMOS-TILLMAN' S violations caused her to incur significant legal costs,
COUNT XVII
RETALIATION
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
173. Plaintiffrt-alleges Paragraphs 1 through 172 and incorporates them by reference as Paragraphs1
through 172 of Count XVII of this Complaint.
retaliation is encouraged and/or tolerated.
and SARAH RAMOS-TILLMAN engaged in various retaliatory actions against her for opposing
gender discrimination and filing such complaints with the NYPD Office of Equity and Inclusion,
Internal Affairs Bureau and the EEOC.
25
BLATT; MATTHEW WEINBERGER; DEREON U. 'WILLIS; and SARAH RAMOS-
and SARAH RAMOS-TILLMAN'S violations caused her mental anguish, emotional distress,
JURY TRIAL
179. Plaintiff demands a trial by jury of all issues in this action that are so triable.
PRAYER FOR RELIEF
Wherefore, plaintiff demands compensatory and punitive damages from defendants' THE
CITY OF NEW YORK; ERIC HERNANDEZ; JOHNATHAN BLATT; MATTHEW
WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-TILLMAN jointly and severally,
in an amount to be determined at trial, plus any al available statutory remedies, both legal and
equitable, and interests and costs.
Dated: April 12, 2020

New York, N.Y.
Respectfully submitted,
By:
Eric Sanders
Eric Sanders, Esq.

THE SANDERS FIRM, P.C.
30 Wall Street, 8th Floor
New York, NY 10005
(212) 652-2782 (Business Telephone)
(212) 652-2783 (Facsimile)
Website: http://www.thesandersfirmpc.com
26

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Case 1:20-cv-01772 Document 1 Filed 04/12/20 Page 1 of 26 PageID #: 1

UNITED STATES DISTRICT COURT

Plaintiff, JURY DEMAND

THE CITY OF NEW YORK; ERIC HERNANDEZ, as

HERNANDEZ; JOHNATHAN BLATT; MATTHEW WEINBERGER; DEREON U. WILLIS;

and SARAH RAMOS-TILLMAN, respectfully set forth and allege that:

This is an action on behalf of the plaintiff EMILY A. BRUCATO, (hereinafter referred

defendants' THE CITY OF NEW YORK; ERIC HERNANDEZ; JOHNATHAN BLATT;

MATTHEW WEINBERGER; DEREON U. WILLIS; and SARAH RAMOS-TILLMAN'S

JURISDICTION AND VENUE

1. The jurisdiction of this Court is invoked pursuant to 18 U.S.C. § 1965, 28 U.S.C. §§

providing for injunctive and other relief against discrimination in employment

on the basis of gender;

b. the Civil Rights Act of 1871, 42 U.S.C. § 1983;

c. New York State Executive Law § 296;

d. New York City Administrative Code § 8-107

2. The unlawful employment practices, violations of plaintiff's civil rights complained

States Equal Employment Opportunity Commission (EEOC), Complaint No.: 520-2020-01167.

from the EEOC.1

the Civil Rights Act of 1871.

8. Plaintiff EMILY A. BRUCATO is a female citizen of the United States of America,

9. Defendant THE CITY OF NEW YORK is a municipal corporation and at all

other offices and facilities throughout the world.

10. Defendant ERIC HERNANDEZ, as Former Commanding Officer, Police

Department City of New York — Police Service Area No.: 5.

11. Defendant JOHNATHAN BLATT, as Former Lieutenant, Police Department City

of New York — Police Service Area No.: 5.

12. Defendant MATTHEW WEINBERGER, as Sergeant, Police Department City of

New York — Police Service Area No.: 5.

13. Defendant DEREON U. WILLIS, as Sergeant, Police Department City of New

York — Police Service Area No.: 5.

14. Defendant SARAH RAMOS-TILLMAN, as Police Officer, Equity and Inclusion

Sergeant and above.

`substantiation' rate to promote unqualified employees such as defendant JOHNATHAN

BLATT who then further 'prey' upon female subordinates.

subordinates' accusing their supervisors of sexual harassment is a serious problem, the

subordinates' accusing their supervisors of sexual harassment is a serious problem, the

department does not make sexual harassment training mandatory.

subordinates' accusing their supervisors of sexual harassment is a serious problem, supervisors

are rarely if ever disciplined.

were fully aware he has a history of engaging in inappropriate 'supervisor-subordinate

relationships' with female subordinates.

appointment as Police Officer, Police Department City of New York.

successful completion of a two-year supervised probationary period.

28. Plaintiff alleges that the successful completion of a two-year supervised

transferred her to the Housing Bureau Police Service Area No.: 5.

30. Plaintiff alleges that Defendant ERIC HERNANDEZ (Commanding Officer)

assigned her to Squad B-2, supervised by Defendant MATTHEW WEINBERGER.

BLATT on patrol within Police Services Area No.: 5, area of responsibility.

probation and afraid of retaliation.

wife gave me the go ahead."

and afraid of retaliation.

39. Plaintiff alleges that shortly thereafter, Defendant JOHNATHAN BLATT

probation and afraid of retaliation.

and afraid of retaliation.

43. Plaintiff alleges that shortly thereafter, Defendant JOHNATHAN BLATT

probation and afraid of retaliation.

fills out those administrative pants."

and afraid of retaliation.

probation and afraid of retaliation.

of responsibility to a dentist located in Manhattan for a cleaning.

commented, the female dental staff found him to be sexy.

and afraid of retaliation.