STATE COMPTROLLER STATE OF NEW YORK. In the Matter of the Claim of MICHAEL MESSINA, by his mother and Legal Guardian RENEE M. CHANDLER, NOTICE OF CLAIM ~Against- ‘THE STATE OF NEW YORK, Defendant, X ‘TO: COMPTROLLER OF THE STATE OF NEW YORK PLEASE TAKE NOTICE that the claimant herein hereby makes claim and demands against the STATE OF NEW YORK as follows: THE NAME AND POST OFFICE ADDRESS OF THE CLAIMANT AND OF HIS ATTORNEY IS: Claimant Michael Messina 23 Loudon Parkway Albany, New York 12211 BY HIS MOTHER AS LEGAL GUARDIAN Renee Chandler 23 Loudon Parkway Albany, New York 12211 Altorney Gerstman, Schwartz, & Malito LLP Bradley Gerstman, Esq. 1399 Franklin Avenue Suite 200 Garden City, New York 11530 516.880.8170THE NATURE OF THE CLAIM: Michael Messina is a nineteen year old young man and has severe mental health issues. He has been diagnosed with bipolar disorder, learning disabilities, is on medication for ADHD, and has other impairments. Michael’s mother and family members repeatedly requested help from the State, County of Albany, and ‘Towa of Colonie for his needs and continuously called State, County and Town agents requesting services. The State, County and Town neglected and failed to provide services for Michael or come to his aid. ‘The State, ‘County and Town noglected to help Michael despite knowledge of his severe psychiatric condition, special needs, and urgent circumstances. In October of 2014, Michael’s mother became increasingly concerned about her son, due to his exhibiting signs of severe depression, At this time, Michael’s mother attempted to contact the Mobile Crisis Team of the Albany County Department of Mental Health, which told her that they could do nothing about the situation. Michael’s mother then contacted the Parsons Family Service and the Colonie Outreach Center, but was unable to receive any help. In November, she attempted to contact Albeny County Department of Mental Health directly, but was told that they were not accepting new patients and were unable to help. Without the proper help, Michael’s mental health further deteriorated. On December 26, 2014, knowing Michael’s mental health issues, members of the New York State Police Department, Town of Colonie Police Department, and the Town of Bethlehem Police Department egregiously and viciously violated the most fundamental civil and constitutional rights of Claimant by chasing him and then shooting him, despite several less violent altematives. ‘The police shot him in the body as they chased him down an embankinent and through a stream. They then failed to inform Michael’s mother, Renee Chandler, and told her that Michael had been in a car accident. They concealed from Michael’s mother the fact that they had shot Michael and that he was in critical condition, The authorities were on notice of Michael’s conditions, knew that he was suicidal, and knew of his mental health status and that he had been hospitalized more than six times related to several suicide attempts, Michael believed that if he committed suicide that he would go to hell, so, on December 26, 2014, he wanted to do “cop suicide,” a commonly known action to get the police to kill you, Michael's mother communicated all of Michael's conditions to the ‘authorities during the chase and the authorities were already aware of his diseases and illness, ‘The mental health service providers, Colonie Outreach Center, Mobile Crisis Team of the Albany County Department of Mental Health, Parsons Family Services, Albany County Department of Mental Health, The Office of People with Developmental Disabilities, the State Education Department, the Town ofColonie Police Department, the Town of Bethlehem Police Department, and the New York State Police Department committed the following offenses against Michael Messina, which include, but are in no way limited to: Negligence, Failure to provide services, False Arrest, False Imprisonment, Battery and Assault by the use of excessive force, violation of the Claimant's right to be free from ‘unreasonable search and seizure under Article 1, Section 12 of the Constitution of the State of New York and the Fourth Amendment of the Constitution of the United States, violation of the Claimant’s civil rights and his equal protection rights under Article 1, Section 11 of the Constitution of the State of New York and the Fourteenth Amendment of the Constitution of the United States, violation of the Claimant’s Miranda rights against compelled self-incrimination under the Fifth Amendment and to counsel under the Fifth and Sixth Amendments of the Constitution of the United States, violation of the Claimant's right to counsel under the Sixth Amendment to the Constitution of the United States and the Constitution of the State of New York, ‘Negligent Infliction of Emotional Distress, and Intentional Infliction of Emotional Distress, Also, the same actors committed offenses against Renee Chandler by failing to care for Michael, exacerbated his ‘mental health issues, caused dangerous situations by chasing Michael knowing his ‘mental health issues, by failing to provide services, by shooting her son and failing to inform het, by failing to listen to her when she informed the authorities during the chase, THE TIME WHEN, THE PLACE WHERE AND THE MANNER IN WHICH THE CLAIM AROSE: ‘The above-mentioned acts against Michael Messina occurred prior to and on or about December 26, 2014, and could have been prevented had he gotten the proper services. On December 26, 2014, at or around approximately 6:30 pm Michael, known to police authorities as someone with lifelong severe mental health issues, emotional disturbances, depression, PTSD, and learning disabilities, set out to commit “suicide by cop.” He was chased, while driving his car, by the local authorities, including police from the Town of Bethlchem, and by state troopers throughout several different towns and cities and then they stopped following him as the chase entered into the City of Albany. If they had continued pursuit and followed up with helping Michael, the tragic shooting would never have taken place, At some time later, the chase resumed in the Town of Colonie, and it ended in Schenectady County with the police shooting Michael in the abdomen. During the chase, Michael’s mother Renee Chandler, spoke with Police and informed them that Michael has severe mental health issues, diagnosed as bipolar disorder, emotional disturbances, PTSD, along with learning disabilities, which they also already knew. ‘The Police let the chase continue for hours, and stopped and restarted the chase allowing Michael to get into further problems and more danger. Then the police continued to chase Michael with more and more police cars and helicopters causing Michael to go even further into a mental health breakdown. The nature and manner of the misconduct, brutality, criminal‘cts and violations of the constitutional rights of Michael Messina has been thorougiily articulated in Paragraph 2. Aer the shooting, the police attempted to cover up their behavior by coming into claimant's home and confiscating claimant's cellphones, laptop, xbox games and exercise equipment. THE ITEMS OF DAMAGE AND INJURIES CLAIMED ARE: Michael Messina’s damages are that he was shot in the body end sustained severe and life threatening injuries; his mental health issues have worsened and hhaye been exacerbated; he has sustained severe personal injuries, including severe shock to his nervous system and certain internal injuries, and he has been caused to sustain and suffer severe, painful, and permanent injuries, severe pain, agony and discomfort, mental anguish, psychological trauma resulting in nervousness, anxiety, fear, sleeplessness, and nightmares; humiliation, degradation, and shame; impairment and damage to his personal reputation and character as a result thereof, and has been caused to seek medical care in the future for said injuries; thas been caused to abstain from his usual and daily activities, as well as having become obligated to pay for medical care presently as well asin the future, Michael has remained in the hospital where the bullet is lodged deep in his spine that cannot be removed because it is so close to his vital organs. AMOUNT DEMANDED: Claimant is hereby demanding $10,000,000,00 (TEN MILLION DOLLARS) for the damages to Claimant caused solely by the defendants and the State of New York. The claim and demand is hereby presented for adjustment and payment,