Professional Documents
Culture Documents
Plaintiff Veline Hicks, by his attorney, Fred Lichtmacher of The Law Office of Fred
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
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
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.
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.
employees of the SPD and they are liable for directly participating and/or failing to intervene to
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.
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
Case 5:17-cv-00475-TJM-ATB Document 1 Filed 05/01/17 Page 3 of 9
and lied down on his stomach with his hands behind his head, and fingers crossed on the yard of
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,
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
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
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
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
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
27. Plaintiff repeats, reiterates and realleges each and every allegation
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.
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
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
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)
at trial and plaintiff is entitled to an award of attorneys’ fees, costs and disbursements pursuant to
42 USC §1988.
33. Plaintiff repeats, reiterates and realleges each and every allegation
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.
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.
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)
at trial and plaintiff is entitled to an award of attorneys’ fees, costs and disbursements pursuant to
42 USC §1988.
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
committing acts violating the Fourth Amendment rights of members of the African American
community.
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
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
45. Due to the de facto racism within the SPD and Syracuse’s tolerance
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)
(A) Declaratory relief finding that plaintiff Willie J. Strong Jr.’s rights
(C) By reason of the wanton, willful and malicious character of the conduct
(F) Such other and further relief as this Court may deem just and
proper.
/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
(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.
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
□ 110 Insurance PERSONAL INJURY PERSONAL INJURY O 625 Drug Related Seizure O 422 Appeal 28 use 158 0 375 False Claims Act
a 120 MaiiiK n 310Aiip1ane □ 365 Persona] Injury - ofPn^>erty21 USC881 O 423 Wilhdraual 0 376 Qui Tarn (31 use
□ 130 Millet Act □ 315 Airplane ProdiKI Product Liability a 690 Other 28 use 157 3729(a))
a 140 Negotiable Instrument Liability □ 367 Health Care' G 400 State Reappcrtionznem
□ 150 Recovery ofOveipaymcnt □ 320 Assault, Libel Si Pharmaceutical PROPERTY RlBfn^ G 410AmKrusi
& Enforcement of Judgment Slander Personal Injury 0 82C Copyrighu G 430 Banks and Banking
a 151 Medicare Act a 330 Federal Employers' Product Liability □ 830 Palcni G 450 Commerce
O 152 Recovery ofDefauIted Liability a 368 Astreslos Personal O 840 Tredeitujk G 460 Deporiabon
Student Loaru a 340 Manne Injury FVoduct G 470 Racketeer Influenced aad
(Excludes Veterans) □ 345 Marine Product Liability SOClALSRCURfrV Corrupt Organizatioiu
a 153 Recovery ofOverpaymeiit Liability PERSONAL I'ROPERTV 0 710 Fair Labor Standards O 861 HIA{1395fi) G 480 Consumer Credit
ofVeieran's Benefits 0 350 Motor Vdiicle O 370 Other Fraud Act 0 862 Black Lung (923) 0 490Cable/Sa(TV
O 160 SlocLholdcrs'Suits □ 355 Motor Vehicle a 371 Truth in Lending 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 850 Sectihiics'Cotnmodi ties/
O 190OdicrContr»x Product Liability a 380 Other Personal Relations O 864 SSID Title XVI Exchange
a 195 Contract Product Liability D 360 Other Personal Property Damage □ 740 Railway Labor Act 0 865 RSI(405{g)) O 890 Other Statutoty Actions
□ 196 Franchise Injury □ 385 Properly Damage 0 751 Family and Medical G 891 Agriculluial Acts
□ 362 Personal Injiny - Product Li^ilily Leave Act 0 893 Environmental Matters
Mcdical^Malgrecnc^ 0 790 Other Labor Litigation O 895 Freedom of Infonnalion
REAL WtOPERTY CIVIL RIGHTS PRlSCMfER PBTtTIONS G 791 Employee Retirement FEDERAL TAX SUITS Act
D 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. PlaimifT 0 896 Aibitnuion
O 220 Foreclosure □ 441 Voting 0 463 Alien Detainee or Defetidani) 0 899 Admimsiranve Procedure
O 230 Rent Lease & Ejecimeni O 442 Employment O 510 Motions to Vacate O 871 IRS-Tbrrd Party Act/Review or Appeal of
0 240ToTtaloLand □ 443 Housing/ Sentence 26 use 7609 Agency Decision
0 245 Ton Product Liability Accommodations 0 530 General 0 950 Constitutionality of
0 290 Ail Other Real Property □ 445 Amer w/Disabiliiies 0 535 Death Penalty IMMIGRATION State Statutes
Employment Other: G 462 Narmlization Application
□ 446 Amer. w/Dtsabilitics 0 540 Mandamus & Other 0 465 Other Immigration
Other □ 550 Civil Rights Actions
0 448 Education □ 555 Prison Condition
0 560 Civil Detainee*
Conditions of
Confinement
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