Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 1 of 13
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ARMANDO J. SANCHEZ, JR.,
Plaintiff
Case No. 1:19-CV-0649 (GTS/ATB)
v.
42 U.S.C. § 1983 COMPLAINT
FOR DAMAGES
CITY OF ALBANY POLICE OFFICER
LUKE DEER, CITY OF ALBANY POLICE FALSE ARREST AND UNLAWFUL
OFFICER MATTHEW SEEBER, CITY OF IMPRISONMENT
ALBANY POLICE SERGEANT JIMM
LEWIS and JOHN DOES Nos. 1 THROUGH USE OF EXCESSIVE FORCE
17,
FAILURE TO INTERVENE
Defendants.
SUPERVISORY LIABILITY
DEMAND FOR JURY TRIAL
E. STEWART JONES HACKER MURPHY, LLP
James C. Knox, Esq.
Bar No. 517109
Julie A. Nociolo, Esq.
Bar No. 519914
28 Second Street
TROY, NY 12180-3986
Tel. (518) 274-5820
Attorneys for Plaintiff
1
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 2 of 13
NOW COMES plaintiff ARMANDO J. SANCHEZ, JR., by and through his attorneys, E.
STEWART JONES HACKER MURPHY, LLP, complaining of defendants, CITY OF
ALBANY POLICE OFFICER LUKE DEER, CITY OF ALBANY POLICE OFFICER
MATTHEW SEEBER, CITY OF ALBANY POLICE SERGEANT JIMM LEWIS and JOHN
DOES Nos. 1-17, inclusive, alleging as follows:
BACKGROUND AND JURISDICTION
1. This is an action for money damages bought pursuant to 42 U.S.C. §§ 1983 and
1988 and the Fourth and Fourteenth Amendments to the United States Constitution. Jurisdiction
is based upon 28 U.S.C. §§ 1331 and 1343.
2. The defendants made an unreasonable seizure of plaintiff in violation of his rights
under the Fourth and Fourteenth Amendments of the United States Constitution and violated
those same Amendments by using excessive force against plaintiff. Despite the presence of
numerous other defendant officers, none intervened to prevent or stop these violations of
plaintiff’s rights. Defendant officers who were present in a supervisory capacity failed to
appropriately supervise and direct the remaining defendant officers to prevent or stop these
violations of plaintiff’s rights.
PARTIES
3. The plaintiff is a resident of the State of New York.
4. At all times relevant hereto, defendants City of Albany Police Officer Luke Deer
(hereinafter “Deer”), City of Albany Police Officer Matthew Seeber (hereinafter “Seeber”), City
of Albany Police Sergeant Jimm Lewis (hereinafter “Lewis”), and John Does (hereinafter
2
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 3 of 13
“Does”) Nos. 1-17 were duly-appointed law enforcement officers of the police department of the
City of Albany, acting under color of the statutes, ordinances, regulations, policies, customs and
usages of the City of Albany.
FACTS
5. On March 16, 2019, while in the City of Albany, New York, defendants
responded to a call of a noise complaint concerning a residence located at or around 523 First
Street.
6. On said date, having committed no crime, plaintiff was lawfully in the City of
Albany, New York, in the vicinity of 523 First Street, in a private home.
7. With no warrant or lawful cause to do so, defendants Seeber, Deer and an
unknown number of Doe defendants approached the residence and demanded that the door be
opened.
8. The door was a wooden-framed door with glass panes which allowed the officers
to see directly into the residence.
9. An occupant of the residence, Lee Childs, spoke to defendants Seeber, Deer and
unknown Doe officers through the closed door of the residence, asked the officers for a warrant
and was told there was none.
10. Although observing no unlawful activity, defendant Seeber kicked open the door
to the residence and sprayed pepper spray into the residence.
11. Defendants Deer, Seeber, and unknown Doe defendants immediately proceeded
to tackle, beat, punch and kick Mr. Childs. Defendants Deer, Seeber, and unknown Doe officers
3
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 4 of 13
proceeded to place Mr. Childs under arrest and into custody, without legal cause.
12. Thereafter, all occupants of the residence were ordered by unknown defendant
officers to vacate the premises.
13. Defendants Deer, along with unknown defendant officers then present, escorted
Mr. Childs into the street, some 50 feet away, to a location near a waiting patrol car.
14. Plaintiff, having committed no illegal acts, obeyed the officers’ orders and exited
the residence and walked into the street in front of the residence, where he was further ordered
by an unknown defendant to “Go! Get the fuck out!”
15. Plaintiff complied with Doe defendants’ directives and continued to walk away,
backwards, with his open hands raised above his head.
16. Defendant Deer, standing with several other defendant officers and Mr. Childs
some 50 feet away by a patrol car, without reasonable suspicion of any criminal activity having
been committed by plaintiff or any other good cause, suddenly turned and charged at plaintiff
without warning or explanation.
17. While running towards plaintiff, defendant Deer began yelling at plaintiff: “Get
the fuck out of here! Go! Now!”
18. At all times relevant, defendant Deer possessed an expandable police baton.
19. While running toward plaintiff, defendant Deer armed himself by placing the
expandable police baton into his right hand.
20. At this juncture, defendant Deer had not expanded the baton, but possessed it in
the collapsed position.
4
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 5 of 13
21. While proceeding at a run directly toward plaintiff, defendant Deer punched
plaintiff in the neck with his open left hand, knocking plaintiff onto the ground onto his back,
some 8 feet away from defendant Deer.
22. Plaintiff stood up, but before he had a chance to move further, defendant Deer
charged at plaintiff again.
23. Defendant Deer, without pausing while charging and gripping his police baton as
a cudgel, struck plaintiff repeatedly in the face and head.
24. During the assault by defendant Deer with the police baton, plaintiff continued to
walk backward until the repeated blows by Deer knocked plaintiff onto his back on the street
again.
25. Defendant Deer then immediately leapt upon plaintiff while plaintiff lay in the
street on his back.
26. Defendant Deer resumed beating plaintiff in the face and head, using his
collapsed baton as a cudgel.
27. Defendant Deer struck plaintiff repeatedly with the police baton.
28. Defendant Deer then extended his expandable police baton and used the butt end
of the baton to strike plaintiff repeatedly in the head, using a stabbing motion.
29. At all times, plaintiff did not resist the actions of defendant Deer in any way.
30. Defendants Deer, Seeber and unknown Doe defendants then placed handcuffs on
plaintiff.
31. Defendant Deer thereafter forcibly pulled plaintiff into a standing position by
5
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 6 of 13
yanking on plaintiff’s dreadlocks and handcuffed wrists.
32. Defendants Deer, Seeber, and Does Nos. 1-15 then arrested plaintiff.
33. At all times during the events described above, defendant police were engaged in
a joint venture. The individual police defendants assisted each other in performing the various
actions described and lent their physical presence, support and the authority of their office, to
each other during the described events.
34. At all times during the events described above, defendants materially aided and
worked with each other.
35. At all times during the events described above, defendants Deer, Seeber, and
Does Nos. 1-15 were supervised directly by defendants Lewis and Does Nos. 16-17.
36. Defendants Lewis, Seeber and Does Nos. 1-17 were in close proximity to
defendant Deer while said Deer assaulted plaintiff and falsely imprisoned plaintiff.
37. Defendants Lewis and Does Nos. 16-17 were encharged with the duty to
supervise the actions of defendants Deer, Seeber and Does Nos. 1-15.
38. The above actions of defendants caused substantial pain and physical injury to
plaintiff, including but not limited to bruising, contusions, lacerations, shoulder injury, wrist
injury, nerve damage, concussion, post-concussive syndrome, chronic pain and psychological
and emotional trauma.
39. On or about March 16, 2019, defendants Seeber and Deer filed charges against
plaintiff, falsely alleging Disorderly Conduct in violation of New York State Penal Law §
240.20(6), Obstruction of Governmental Administration in the Second Degree in violation of
6
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 7 of 13
Penal Law § 195.05, and Resisting Arrest in violation of Penal Law § 205.30.
40. Defendants Seeber and Deer filed these charges against plaintiff without probable
cause and with the intent to justify the excessive use of force and unlawful arrest and
imprisonment of plaintiff.
41. On or about April 2, 2019, the Albany County District Attorney’s Office
(hereinafter “the People”) filed a motion to dismiss plaintiff’s criminal charges under Criminal
Procedure Law § 170.40 (1).
42. In said motion, the People affirmed that defendant Deer had assaulted plaintiff.
43. In the same motion, the People affirmed that, as it concerned plaintiff, there was
“serious exculpatory evidence” in body camera footage worn by defendants Deer, Seeber, and
Does Nos. 1-15, and requested that the charges against plaintiff be dismissed.
44. On or about April 3, 2019, Albany City Court Judge Holly Trexler dismissed all
the charges filed against plaintiff.
45. As a direct and proximate result of the acts of the defendants, the plaintiff
suffered the following injuries and damages:
a. Violation of his constitutional rights under the Fourth and Fourteenth
Amendments to the United States Constitution to be free from an unreasonable
search and seizure of his person, malicious prosecution, and to not be subjected to
excessive force;
b. Physical damages, including medical expenses, pain and suffering and
psychological and emotional trauma;
7
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 8 of 13
c. Economic loss, including loss of income and other expenses; and
d. The actions of the defendants violated the clearly established and well settled
Federal constitutional rights of plaintiff, including freedom from the unreasonable
seizure of his person, malicious prosecution, and freedom from the use of
excessive, unreasonable force against his person.
COUNT ONE
42 U.S.C. §1983
False Arrest and Unlawful Imprisonment
(Defendants Deer, Seeber and Does Nos. 1-15)
46. Plaintiff realleges and incorporates by reference herein all preceding paragraphs
of plaintiff’s complaint.
47. Even though plaintiff committed no crime and posed no threat, defendants Deer,
Seeber and Does Nos. 1-15, acting without probable cause, falsely arrested and unlawfully
imprisoned plaintiff by chasing plaintiff, beating him, handcuffing him, arresting him, placing
him into police custody, and imprisoning him.
48. As a direct and proximate result of this false arrest and unlawful imprisonment,
plaintiff suffered damages.
49. Plaintiff claims damages for the injuries set forth above under 42 U.S.C. §1983
against defendant police officers and detectives for violations of his constitutional rights under
the Fourth and Fourteenth Amendments to the United States Constitution while acting under
color of law.
50. These damages include, but are not limited to, loss of his physical liberty;
8
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 9 of 13
physical damages, including medical expenses; pain and suffering and psychological and
emotional trauma as well as economic loss, including loss of income and other expenses arising
out of his injuries.
COUNT TWO
42 U.S.C. §1983
Use of Excessive Force
(Defendants Deer, Seeber and Does 1-15)
51. Plaintiff re-alleges and incorporates by reference herein all preceding paragraphs
of plaintiff’s complaint.
52. Defendants Deer, Seeber and Does 1-15, by the actions detailed above, including
but not limited to spraying pepper spray, punching, striking, cudgeling, beating, handcuffing and
yanking plaintiff, used excessive force in violation of plaintiff's rights under the Fourth and
Fourteenth Amendments to the United States Constitution.
53. As a direct and proximate result of the use of excessive force, plaintiff was
damaged by defendants.
54. These damages include, but are not limited to, loss of his physical liberty;
physical damages, including medical expenses; pain and suffering and psychological and
emotional trauma as well as economic loss, including loss of income and other expenses arising
out of his injuries.
COUNT THREE
42 U.S.C. §1983
9
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 10 of 13
Failure to Intervene
(Defendants Seeber, Lewis, and Does Nos. 1-17)
55. Plaintiff re-alleges and incorporates by reference herein all preceding paragraphs
in plaintiff’s complaint.
56. Defendants Seeber, Lewis and Does Nos. 1-17 had a duty to intervene to prevent
the use of excessive force against plaintiff.
57. Defendants Seeber, Lewis and Does Nos. 1-17 viewed, heard, witnessed and
otherwise were aware of and in proximity to the use of excessive force against plaintiff.
58. Defendant Seeber, Lewis and Does Nos. 1-17 had a reasonable opportunity to
intervene to prevent the unlawful arrest and false imprisonment of plaintiff.
59. Defendants Seeber, Lewis and Does Nos. 1-17 had a duty to intervene to prevent
the unlawful arrest and false imprisonment of plaintiff.
60. Defendants Seeber, Lewis and John Does Nos. 1-17 viewed, heard, witnessed and
otherwise were aware of and in proximity to the unlawful arrest and false imprisonment of
plaintiff.
61. Defendant Seeber, Lewis and John Does Nos. 1-17 had a reasonable opportunity
to intervene to prevent the unlawful arrest and false imprisonment of plaintiff.
62. Defendants Seeber, Lewis and John Does Nos. 1-17 failed to intervene.
63. As a direct and proximate result of the above, plaintiff was damaged by
defendants.
64. These damages include, but are not limited to, loss of his physical liberty;
physical damages, including medical expenses; pain and suffering and emotional trauma as well
10
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 11 of 13
as economic loss, including loss of income and other expenses arising out of his injuries and
resultant permanent disability.
COUNT FOUR
42 U.S.C. §1983
Supervisory Liability
(Defendants Lewis and Does Nos. 16-17)
65. Plaintiff re-alleges and incorporates by reference herein all preceding paragraphs
in plaintiff’s complaint.
66. Defendants Lewis and Does Nos. 16-17 were at all times relevant the direct
supervisors of all remaining defendants.
67. Defendants Lewis and Does Nos. 16-17 were present for and directly aware of the
imminent use of excessive force against plaintiff.
68. Defendants Lewis and Does Nos. 16-17 were present for and directly aware of the
imminent unlawful arrest and false imprisonment of plaintiff.
69. Defendants Lewis and Does Nos. 16-17 were present for and directly aware of the
actual use of excessive force and unlawful seizure and arrest of plaintiff by all remaining
defendants.
70. Defendants Lewis and Does Nos. 16-17 had the opportunity to direct defendants
to refrain from and/or cease the use of excessive force and unlawful seizure and arrest of
plaintiff.
71. Defendants Lewis and Does Nos. 16-17 failed to properly supervise all remaining
defendants to prevent or to stop the use of excessive force or the unlawful seizure and arrest of
11
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 12 of 13
plaintiff.
72. As a direct and proximate result of the above, plaintiff was damaged by
defendants.
73. These damages include, but are not limited to, loss of his physical liberty;
physical damages, including medical expenses; pain and suffering and emotional trauma as well
as economic loss, including loss of income and other expenses arising out of his injuries.
DEMAND FOR JURY TRIAL
57. Plaintiff demands a jury trial on all causes of action.
WHEREFORE, plaintiff requests that this Court:
a. Award compensatory damages to plaintiff against the defendants, jointly and
severally;
b. Award punitive damages against defendants, as determined by the jury;
c. Award reasonable attorney’s fees and costs to the plaintiff on all counts;
d. Award costs of this action to the plaintiff; and
e. Award such other and further relief as this Court may deem appropriate.
Dated: June 2, 2019
E. STEWART JONES HACKER MURPHY, LLP
By: /s/James C. Knox
James C. Knox
Bar Roll No. 517109
28 Second Street
Troy, New York 12180
Telephone: (518) 274-5820
Facsimile: (518) 274-0556
E-Mail: jknox@joneshacker.com
12
Case 1:19-cv-00649-GTS-ATB Document 1 Filed 06/02/19 Page 13 of 13
13
