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breslauer_complaint23

breslauer_complaint23

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Published by Anna North
Breslauer v. City of New York
Breslauer v. City of New York

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Published by: Anna North on Feb 03, 2012
Copyright:Attribution Non-commercial

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09/29/2013

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1UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK---------------------------------------------------------XTEMMIE BRESLAUER,
AMENDEDCOMPLAINT
 Plaintiffs,JURY TRIAL DEMANDEDCITY OF NEW YORK,OFFICER C. SHAW, POLICE OFFICER CRUZOFFICER BRYANT, OFFICER SHAH,JOHN & JANE DOES ## 1-5
12 cv 558 (DLC)
 Defendants.---------------------------------------------------------XNATURE OF ACTION1. This action is brought by plaintiffs to recover damages for the unconstitutional use of force and detention, and violations of the New York City Human Rights Law.THE PARTIES2. Plaintiff is a resident of New York, New York. She is a transgender person undergoinghormone replacement therapy and intends to undergo genital reassignment surgery. Her legalname is still Todd Breslauer, however, she is in the process of changing it to Temmie.3. The City of New York is a municipal corporation whose residence is in all five countiesof New York City.4. Defendants are employees of the New York City Police Department, upon informationand belief at the transit police precinct at the Union Square subway station.JURISDICTION AND VENUE5.
 
Jurisdiction is proper in this district pursuant to 28 U.S.C. § 1331 in that this action arisesunder the Constitution and laws of the United States, among them 42 U.S.C. § 1983.
 
26.
 
Venue is properly placed in this district pursuant to 28 U.S.C. § 1391(c) in that the Cityof New York is deemed to reside in this jurisdiction.FACTUAL ALLEGATIONS UNDERLYING PLAINTIFF’S CLAIMS7. Plaintiff repeats and realleges the previous allegations as if fully set forth herein.8. Plaintiff sought to take the 4 train at the 125
th
Street Station in Manhattan on the 4 train10:15 AM on January 12 2012. She was spotted by an undercover officer for using her father’sdiscount fair card and arrested.9. There were two arresting officers, Shah and one of the John Does. Each giggled andlaughed at her as they were arresting her. Although plaintiff believes she was targeted for hertransgender appearance, she does not contend there was not probable cause for the arrest.10. She was taken by police car to the precinct at Union Square.11. As soon as she entered, an African American desk sergeant asked plaintiff whether shehad a penis or a vagina.12. Plaintiff asked what bearing this question had on her case. “I have to know what to dowith you,” the desk sergeant replied.13. Plaintiff showed the desk sergeant the note that is attached as “Exhibit A” indicating thatshe is undergoing a gender change and that the process of changing one’s gender was bothmedically and legally complex.14. The document requested Ms. Breslauer be allowed safe passage including access tofacilities that are appropriate to her gender identity.15. This was not done. There were two “holding pens” for arrestees: one for men, and one forwomen. Plaintiff easily could have held with the women, or found a separate room.
 
316. Instead, she was fingerprinted, seated on a bench, then painfully chained to a fencewherein, for no apparent reason, her arm was lifted over her head and attached to the fence tomake it appear that she was raising her hand in the classroom.
She sat there in that position for28 hours.
 17. Plaintiff asked to use the bathroom, which request was ignored. She complained that thecuff was too tight and cutting off the circulation of her right wrist. Shah ignored her. It was avery uncomfortable position to bear, even for a few minutes, however she was to stay that wayfor over a day.18. The position she was placed in was done out of pure cruelty, simply to draw moreattention to plaintiff. People were being processed in and out – some in minutes, with a deskappearance ticket – for “theft of services,” the misdemeanor that plaintiff was arrested for.Plaintiff is not aware of the reason she was
not 
given a desk appearance ticket – there could havebeen a legitimate one – however, she is certain that the inordinate delay for her stay at theprecinct was to punish her for not revealing the state of her genitalia. Prisoners are supposed tobe processed within 24 hours from arrest to arraignment. The 28-hour delay in bringing plaintiff to be arraigned was purely discriminatory.19. The police officers in the precinct acted with puerility and disgrace, making insultingremarks continually through this period. In addition to the snickering desk sergeant whodisdainfully asked plaintiff not her gender but her genitalia, various other officers said thingssuch as "He-She", "What are you supposed to be?" "Faggot," " Lady GaGa", "Transvestite."Officer Bryant said, "So you like to suck dick? Or what?" "Is it Halloween?" one John Doe said.

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