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Plaintiff,
-against- COMPLAINT
By and through his counsel, Watkins Law and Bergstein & Ullrich LLP, Plaintiff, Fabian
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.
5. This honorable Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
Case 1:18-cv-00898-GLS-DJS Document 1 Filed 08/01/18 Page 2 of 6
1343 (3) & (4) and 42 U.S.C. § 1983. This Court may award plaintiff reasonable attorneys' fees and
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.
York, Plaintiff was attempting to cross the street to meet his aunt so that she could drive him to
work.
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
9. As Plaintiff waited for the street to clear so that he could cross, Defendant Arciello, in
10. Plaintiff had no idea what Arciello was talking about and asked Arciello what he was
11. Arciello did not explain why he had stopped Plaintiff, but instead said, "You were
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
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
24. After beating and tasing Plaintiff, Arciello arrested and charged Plaintiff with obstruction
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
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
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rights.
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
(c) award to Plaintiff punitive damages against the Defendants for their egregious violations of
(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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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-