UNITED STATES DISTRICT COURT

EASTERN DISTRICT COURT OF NEW YORK

CIVIL DOCKET NO.;
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Sonny B. Southerland, Jr.,
Plaintiff,
-againstSTEVEN BANKS, Individually and in his official
as COMMISSIONER of the NEW YORK CITY
HUMAN RESOURCES ADMINISTRATION
DEPARTMENT of SOCIAL SERVICES of
CHILD SUPPORT ENFORCEMENT,
and its AGENTS.
Defendants.
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COMPLAINT FOR
DECLARATORY RELIEF,
INJUNCTIVE RELIEF,
CONSTITUTIONAL RIGHTS
VIOLATIONS, CONSPIRACY,
FALSE BILLING, MAIL FRAUD
FALSE ARREST, NEGLIGENCE
AND INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS
JURY TRIAL DEMAND

PARTIES
Plaintiff Sonny B. Southerland, Jr., mailing address at XXXXXXXXXt, Staten Island,
New York XXXXX.
Plaintiff is a natural Citizen of the United States and a resident of the City of New York.
Upon information and belief, at all times hereinafter mentioned, the defendant STEVEN
BANKS is the COMMISSIONER of the NEW YORK CITY HUMAN RESOURCES
ADMINISTRATION DEPARTMENT of SOCIAL SERVICES of CHILD SUPPORT
ENFORCEMENT, hererinafter HRA a municipal agency duly organized and existing
under and by virtue of the laws of the City of New York.
Defendants working address at 180 Water Street, New York, NY 10038
At all times pertinent to this complaint, the defendant, and agents, while acting in their
official capacity and as a individual described and in doing the things hereafter set forth,
were acting under color of alleged State statues, policies, rules, practices and federal law.
Defendant STEVEN BANKS as Commissioner of the NEW YORK CITY HUMAN
RESOURCES ADMINISTRATION DEPARTMENT of SOCIAL SERVICES of CHILD
SUPPORT ENFORCEMENT, was at all times material to this Complaint. Mr. Banks is
sued individually and in his official capacity wherein it is alleged that he knowingly
supervised, participated in the routine deprivation of Constitutional Rights, Conspiracy to
deprive the Plaintiff of his rights to due process and equal protection under the law, False
Billing, Mail Fraud, causing plaintiff to be Falsely Arrested in violation of the guaranteed
protection by the United States Constitution, it is alleged that under color of law, his

administration, department and/or agency are motivated by a) bad faith, b) deceit, c)

defrauding the Federal government of tax dollars, d) and deliberate and selective
application and/or omission of State law that racially, flagrantly and patently violates the
Constitutional prohibitions. Defendant and its agents was the direct or proximate cause
of Plaintiffs injury and cause for relief.
7. This court has jurisdiction over the subject matter of this complaint by virtue of 18 U.S.C.
241, 18 U.S.C. 1341, 28 U.S.C. 1331, 28 U.S.C. 1343, 42 U.S.C. 1980, and 42
U.S.C. 1983, & 1961.
8. Venue is properly laid within the Eastern District of New York.
9. This action seeks declaratory and injunctive relief challenging defendants practice of
suspending Plaintiffs driver license due to allege back child support.
10. Plaintiff falls well below the self-supporting reserve and was denied due process and
before plaintiff could prove hes being supported by his father and is not working. The
defendant had Plaintiffs license suspended without notifying Plaintiff that he is exempt
because he is also impoverished.
11. In fact by defendant policy and practice they have wrongfully hinder the Plaintiff from
obtaining employment by suspending his license without giving him proper notice and a
fair opportunity to be heard.
12. This wrongful practice is a regular practice of the HRA Child Support Enforcement Unit
and is done mostly to men that fall under the poverty level and unaware of their rights.
13. Defendant Steven Banks is the Commissioner of the New York City Human Resources
Administration (HRA), and as the HRA Commissioner is responsible for the supervision
of enforcement of child support in New York City.
14. According to their rules, the drivers license of a child-support obligor/debtor can be
suspended for arrears, (N.Y. Family Court Act 458-a), or the professional license,
(N.Y. Family Court Act 458-b).
15. A non-custodial parents obligation to pay child-support arrears are not limitless.
16. Welfare, Supplemental Security Income, a need based federal benefit given to the aged or
disabled, cannot be garnished for arrears.
17. New York, like many states, has a self-support reserve, exemption that protects
impoverished, non-custodial parents from financial hardship when paying arrears. New
York Family Court Act 413(1) (g); 18 N.Y.C.R.R. 347.9(e) (2).
18. If a non-custodial parents income (regardless of its source) is below the self-support
reserve at the time the child-support was entered, arrears for non-payment of childsupport cannot accumulate above $500.00. New York Family Court Act 413(1) (g).
19. Nor can a child-support debtors professional, recreational or drivers license be
suspended for arrears, 18 N.Y. Family Court Act 458-a(c), 458-b(c), 458-c(c).
20. Defendant failed to put into place a policy to notify a Debtor/Obligor of their exemption
possibilities, thereby creating arrears for people that cant afford to pay.

21. The defendants failure to inform Debtor/Obligors is motivated by the funding HRA
receives from the Federal government and the State for every dollar they collect.
22. On or about June 20, 2010, a Family Court Magistrate issued a temporary order of
support for Plaintiffs daughter in the amount of $25.00 per month.
23. On or about September 28, 2010, a retroactive default order was issued in the amount of
$34.00 per week, for two children. Listing Plaintiffs daughter twice without a court
hearing and/or a court finding.
24. On or about sometime time afterwards HRA suspended Plaintiffs drivers license
without him being given an opportunity to be heard, or HRA proving that his income was
above the self-supporting reserve amount ($15,890), before taking enforcement action.
25. Plaintiff has sent numerous correspondences to the NYS Child Support Processing
Center, requesting them to correct and/or validate the alleged amount in their records.
26. Upon information and belief to this date HRA Child Support Enforcement has not
property credit their records and they continue to harass, threaten Plaintiffs liberty and
refused to release his drivers license.
27. To this date Defendant STEVEN BANKS, Commissioner of the NEW YORK CITY
HUMAN RESOURCES ADMINISTRATION DEPARTMENT of SOCIAL SERVICES
of CHILD SUPPORT ENFORCEMENT and its agents, servant and employees continue
to harass Plaintiff without probable cause and without grounds thereof.
28. Defendant has allowed his agency and its servants, employees and agents to knowingly
cause a false record to be created which lead to an outstanding amount of arrears.
29. When Plaintiff attempted to bring this to the attention of the Family court on March 24,
2014. And requested to release his drivers license and issue a refund, the court would not
address it.
30. Sometime before the above court date, the Magistrate told the Child Support attorney,
Plaintiff was due a refund, because Plaintiffs attorney in a civil matter made a payment
to Child Support in the amount of $2,450.00, on or about September 12, 2011, which was
an overpayment.
31. This lawsuit is about how corruptly Defendant STEVEN BANKS as Commissioner of
the NEW YORK CITY HUMAN RESOURCES ADMINISTRATION DEPARTMENT
of SOCIAL SERVICES of CHILD SUPPORT ENFORCEMENT, runs HRA.
32. HRA employees are very rude, hostile and trys to force people to go into a contract with
them in order to get some relief from their abusive and unconstitutional practices.
33. Since Plaintiff falls under the Self-Supporting Reserve HRA, should have NOT
suspended his drivers license.
34. Defendant Steven Banks as Commissioner of the New York City Human Resources
Administration Department of social Services of Child Support Enforcement failed to
notify Plaintiff that they were suspending his license and that his license was in fact
suspended.

35. Defendant uses illegal debt collecting practices, including misrepresenting the amount
with inaccurate information and making false representation to the Family court and the
New York State Department of Motor Vehicle, to deprive Plaintiff.
New York Judiciary Law 487 inter alia provide that an attorney is guilty of a
misdemeanor and is liable for treble damages to the aggrieved party if the attorney is
guilty of any deceit or collusion, or consents to any deceit collusion, with the intent to
deceive the court or any party. See McKinneys Judiciary Law 487; Oakes v. Muka, 56
A.D. 3d 1057, 868 N.Y.S. 2d 796 (3d Dept. 2008).
Also,
The Supreme Court of the United States said that a drivers license is a property interest
protected by the Fourteenth Amendments due process clause and any suspension requires
prior notice and a hearing. Permitting suspension without a hearing is, therefore,
unconstitutional, The Court said that oral or written notice of the charges brought against
a person must be given to the person who is being suspended for more than a trivial period,
if he denies the charges, the person must be given a hearing.
36. If in the event this case is facing dismissal, Plaintiff asks that he be given an opportunity
to amend and not be held to the very high legal standard of a trained professional
attorney.
37. Plaintiffs driver license was wrongfully suspended by the defendants failure to properly
supervised HRA Child Support Enforcement procedures and has invoked conditions that
prevented Plaintiffs ability to seek gainful employment, ability to travel freely with no
notice prior to suspension has caused irreparable harm, injuries, and hardships.
38. Plaintiff further states that the defendant is running a type of organized conspiracy to
extort poor and unknowing people (mainly fathers) out of their money that they may or
may not have, with the assistance of the courts thereby being a Racketeering outfit,
Influenced by the courts working together, routinely denying the due process in an
Organized Conspiracy. Which violate the rights and protections guaranteeing by the
laws and the Constitution of the United States, and New York State.

CLAIMS FOR RELIEF

First Claim
39. Paragraphs 1 through 38 are realleged and reinstated herein.

40. Defendant HRA and his agents knowingly conspired to deny plaintiffs due process in
violation of the New York State Family Court Act 413 (1), 18 NYCCR 347 (e) (2), New
York State Constutiion Article 1 Sec. 6, Title 18 USC Sec. 242 and 245, and 42 USC
1961 & 1983 under the color of law subjecting Plaintiff to the wrongful action of allege
child support collection knowing that plaintiffs fell well below the poverty level.
41. HRA at no time had probable cause to humiliate and deny the Plaintiff the equal
protection under the law.
42. That by reason of foresaid intentional illegal action of Constitutional Rights Violations
committed by HRA, their agents, servants, and employees, acting under color of law,
without probable or reasonable cause, suffered conscious pain and suffering, and that he
was otherwise damaged. That by reason of the aforesaid, the Plaintiff has been damaged
in the sum of ONE MILLION ($1,000,000.00) DOLLARS.
Second Claim
43. Each of the allegations stated in paragraph 1 through 42 are realleged and restated herein.
44. Defendant STEVEN BANKS, Commissioner of HRA, knowingly and by their custom,
practice and procedures participated in the scheme of False Billing, generating a false
official child support account and making misrepresentations to state agencies (family
court and DMV), for their own interest and benefit to receive government funding.
45. HRA at no time had probable cause to violate the Fair Credit Billing Act (15 USC Sec.
1601 et seq., Fair Debt Collection Practices Act (15 USC Sec. 1692 et seq.), The New
York False Claims Act, NYS Penal law Articles 155 & 175, the Falsifying of Business
Records.
46. HRA knowingly or should have known if they had done their due diligence before billing
the plaintiff, that he fall below the self-supporting reserve amount and below the poverty
level.
47. That by reason of foresaid False Billing action committed by HRA, their agents, servants,
and employees, acting under color of law, without probable or reasonable cause, suffered
conscious pain and suffering, and the wrongful suspension of plaintiffs drivers license
and that he was otherwise damaged. That by reason of the aforesaid, the Plaintiff has
been damaged in the sum of TWO HUNDRED FIFTHY THOUSAND ($250,000.00)
DOLLARS.
Third Claim
48. Each of the allegation stated in paragraph 1 through 47 are realleged and restated herein.
49. Defendant STEVEN BANKS, Commissioner of HRA, knowingly and by their custom,
practice and procedures participated in the scheme of Mail Fraud, making a demand of a
false amount of child support account and making misrepresentations to state agencies

(family court and DMV) by internal communications, for their own interest and benefit to
government funding.
50. Defendant STEVEN BANKS, Commissioner of HRA, knowingly and by their custom,
practice and procedures participated in the scheme of Mail Fraud, intentional wrongful
mailing of a false child support amount with the intention to extort under the color of law.
51. That by reason of foresaid action of Mail Fraud committed by HRA, their agents,
servants, and employees, acting under color of law, without probable or reasonable cause,
suffered conscious pain and suffering, and that he was otherwise damaged. That by
reason of the aforesaid, the Plaintiff has been damaged in the sum of TWO HUNDRED
FIFTHY THOUSAND ($250,000.00) DOLLARS.
Fourth Claim
52. Each of the allegation stated in paragraph 1 through 51 are realleged and restated herein.
53. Defendant STEVEN BANKS, Commissioner of HRA, knowingly and by their custom,
practice and procedures participated in the scheme to have Plaintiff be arrested by the
wrongfully creating a false amount of child support and then notifying the DMV to
suspend plaintiffs drivers license without notification or an opportunity to be heard before
the suspension thereby causing Plaintiff to be arrested and paying a fine for driving
without a license.
54. Defendant STEVEN BANKS, Commissioner of HRA, knowingly and by their custom,
practice and procedures participated in the scheme to have Plaintiff Wrongfully Arrested
because of negligence on their part and a disregard for the equal protections under the
law, and knowing of their wrongdoing defendant has failed to correct their action, which
has enabled the plaintiffs from obtaining employment in the area of his ability.
55. That by reason of foresaid action of False Arrest committed by HRA, their agents,
servants, and employees, acting under color of law, without probable or reasonable cause,
suffered conscious pain and suffering, and that he was otherwise damaged. That by
reason of the aforesaid, the Plaintiff has been damaged in the sum of FIVE HUNDRED
THOUSAND ($500,000.00) DOLLARS.

Fifth Claim
56. Each of the allegation stated in paragraph 1 through 55 are realleged and restated herein.
57. Defendant STEVEN BANKS, Commissioner of HRA, knowingly and by their custom,
practice and procedures participated in the scheme of Intentional Infliction of Emotional
Distress by the wrongful and willful action listed above.
58. Defendant STEVEN BANKS, Commissioner of HRA, knowingly and by their custom,
practice and procedures participated in the scheme to Inflict the pain and suffering of

Emotional Distress upon the Plaintiff and has failed to correct or cure the Demand of the
Notice of Claim filed on December of 2014 with the City of New York.
59. The actions of defendant were so outrageous and reprehensible that they shock the
conscious of a responsible people in a civilized community and no reasonable person
should be required to endure them.
60. That by reason of foresaid action of Intentional Infliction of Emotional Distress
committed by HRA, their agents, servants, and employees, acting under color of law,
without probable or reasonable cause, suffered conscious pain and suffering, and that he
was otherwise damaged. That by reason of the aforesaid, the Plaintiff has been damaged
in the sum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS.
61. The above is true to the best of my knowledge and all other is based on information and
belief.
WHEREFORE, Plaintiff request this Court to order the reinstatement of his drivers license
and award such damages as a jury of Plaintiffs peers deems appropriate and just.
Dated

Staten Island, New York

Monday, October 19, 2015

________________________
Sonny B. Southerland, Jr.
XXXXX Street
Staten Island, New York XXXXX
Phone XXX-XXX-XXXX