Lucy Roches-Bowman v. City of New York, Et Al.

Case 7:20-cv-02998 Document 1 Filed 04/13/20 Page 1 of 17
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
x
LUCY ROCHES-BOWMAN COMPLAINT
Plaintiff, JURY DEMAND
-against-
THE CITY OF MOUNT VERNON and ARISTOTLE EVANS,

as Sergeant, Police Department City of Mount Vernon, each
sued individually in their official capacities as employees of
defendant THE CITY OF MOUNT VERNON
Defendants'
x
The plaintiff, LUCY ROCHES-BOWMAN through her attorney THE SANDERS FIRM,
P.C., files this federal complaint against defendants' THE CITY OF MOUNT VERNON and
ARISTOTLE EVANS, respectfully set forth and allege that:
INTRODUCTION
This is an action on behalf of the plaintiff LUCY ROCHES-BOWMAN, (hereinafter
referred to as "plaintiff') alleging her statutory rights as an employee and citizen were violated
due to defendants' THE CITY OF MOUNT VERNON and ARISTOTLE EVANS'S gender
discrimination.
JURISDICTION AND VENUE
1. The jurisdiction of this Court is invoked pursuant to 18 U.S.C. § 1965, 28 U.S.C. §§
1331, 1343 and 2202 to secure protection of and to redress deprivation of rights secured by:
a. Title VII of the Civil Rights Act of 1964 (hereinafter referred to as "Title VII")
providing for injunctive and other relief against discrimination in employment
on the basis of gender;
b. the Civil Rights Act of 1871, 42 U.S.C. § 1983; and

c. New York State Executive Law § 296
2. The unlawful employment practices, violations of plaintiff's civil rights complained
of herein were committed within the Southern District of New York.
PROCEDURAL REQUIREMENTS
3. Plaintiff has filed suit with this Court within the applicable statute of limitations
period.
4. Plaintiff alleges on or about December 12, 2019, she filed a complaint with the
United States Equal Employment Opportunity Commission (EEOC), Complaint No.: 520-2020-
01522.
5. Plaintiff alleges on or December 12, 2019, she requested a Notice of Right to Sue
from the EEOC.1
6. Plaintiff filed this suit within the applicable statute of limitations period.
7. Plaintiff is not required to exhaust any administrative procedures prior to suit under
the Civil Rights Act of 1871.
PLAINTIFF
8. Plaintiff LUCY ROCHES-BOWMAN is a female citizen of the United States of
America, over twenty-one (21) years of age and resident of New York County.
DEFENDANTS'
9. Defendant THE CITY OF MOUNT VERNON is a municipal corporation and at all
relevant times plaintiff's employer.
10. Defendant ARISTOTLE EVANS, as Sergeant, Police Department City of Mount
1 As of this filing, plaintiff has not received the Notice of Right to Sue
but, when received if necessary, will file an amended complaint to reflect
receipt.
2
Vernon.
BACKGROUND
11. Plaintiff alleges defendant THE CITY OF MOUNT VERNON through its
managers within the Police Department City of Mount Vernon is fully aware female
subordinates' accusing their supervisors of sexual harassment is a very serious problem
especially in the ranks of Sergeant and above.
managers within the Police Department City of Mount Vernon is fully aware sexual harassment
is a very serious problem especially in the ranks of Sergeant and above, yet they are rarely if ever
disciplined.
managers within the Police Department City of Mount Vernon fully support 'Supervisor
Immunity.'
managers within the Police Department City of Mount Vernon use 'Supervisor Immunity' to
promote unqualified employees such as defendant ARISTOTLE EVANS who then further 'prey'
upon female subordinates.
managers within the Police Department City of Mount Vernon, although they are fully aware
female subordinates' accusing their supervisors of sexual harassment is a serious problem, the
department allocates very little training resources if any related to sexual harassment.
3
female subordinates' accusing their supervisors of sexual harassment is a serious problem, the
department does not make sexual harassment training mandatory.
female subordinates' accusing their supervisors of sexual harassment is a serious problem,
supervisors are rarely if ever disciplined.
18. Plaintiff alleges defendant THE CITY OF MOUNT VERNON granted defendant
ARISTOTLE EVANS tenure although its managers within the Police Department City of Mount
Vernon were fully aware, he has a history of engaging in inappropriate 'supervisor-subordinate
relationships' with female subordinates.
19. Plaintiff alleges defendant THE CITY OF MOUNT VERNON granted defendant
ARISTOTLE EVANS tenure despite his predatory conduct due to gender bias against female
subordinates.
20. Plaintiff alleges that on or about September 29, 2018, while on-duty her direct
supervisor Defendant ARISTOTLE EVANS responded to an apartment where she was handling
the processing of a deceased person.
21. Plaintiff further alleges that during the assignment, Defendant ARISTOTLE
EVANS told her that she was sexy and that he wanted to touch her.
22. Plaintiff alleges that a short time later, Defendant ARISTOTLE EVANS forcibly
groped her buttocks, rubbed her vaginal area, and attempted to kiss her.
23. Plaintiff alleged to have told Defendant ARISTOTLE EVANS to stop, which he
ignored.
24. Plaintiff alleges that a short time later, Defendant ARISTOTLE EVANS tried to
4
pull her into the apartment to have sexual intercourse with her while the deceased person laid on
the floor.
25. Plaintiff alleged to have told Defendant ARISTOTLE EVANS to stop.
26. Plaintiff alleges that a short time later, while she and Defendant ARISTOTLE
EVANS were leaving the location, he pulled her into the stairwell and pinned her against the
wall, forcibly kissing her.
27. Plaintiff alleges that Defendant ARISTOTLE EVANS then unzippered his pants,
pulled out his penis, grabbed her right hand and forced her to move her hand up and down on his
penis.
28. Plaintiff alleges that she was afraid.
29. Plaintiff alleges that she experienced pain in her right hand.
30. Plaintiff alleges that a short time later, Defendant ARISTOTLE EVANS
ejaculated into her right hand.
31. Plaintiff alleges that she then wiped her right hand on her duty trousers and
snapped a picture with her personal cellular telephone as evidence of the forced sexual act.
32. Plaintiff alleges that a short time later, Defendant ARISTOTLE EVANS sent her
a text, stating "that was amazing."
33. Plaintiff alleges that she felt traumatized but, initially did not tell anyone because
Defendant THE CITY OF MOUNT VERNON and its police management does not take sexual
harassment in the workplace seriously.
34. Plaintiff alleges that she forms this opinion based upon her observations of how
Defendant THE CITY OF MOUNT VERNON and its police management handled similarly
situated incidents that occurred in the workplace with other female officers.
5
35. Plaintiff alleges that on or about October 1, 2018, she contacted Mount Vernon
Police Association Vice President Jean Jerome about the sexual assault involving Defendant
ARISTOTLE EVANS and he advised her to file a complaint.
36. Plaintiff alleges that on or about October 4, 2018, Mount Vernon Police
Association President Brent Gamble referred her to Human Resources to file a sexual harassment
complaint against Defendant ARISTOTLE EVANS.
37. Plaintiff alleges that on or about November 7, 2018, she filed a request with the
management of the agency to have the sexual assault involving Defendant ARISTOTLE EVANS
considered a Line of Duty under GML 207-c which would entitle her to enhanced payment of
salary, wages, medical and hospital expenses incurred in the performance of duties.
38. Plaintiff alleges that on or about December 26, 2018, she filed a Notice of Claim
with Defendant THE CITY OF MOUNT VERNON regarding its failure to supervise Defendant
ARISTOTLE EVANS, negligently hiring him and for the foreseeable harassment and sexual
assault perpetrated upon her.
39. Plaintiff alleges that on or about February 1, 2019, she met with Assistant District
Attorneys Kerry Williams and Jennifer Sculco, who informed her that the Office of the District
Attorney will not pursue criminal charges against Defendant ARISTOTLE EVANS because
police officers are "held to a higher standard." In other words, Plaintiff's credibility will be
attacked because:
• Plaintiff walked out of the building with Defendant ARISTOTLE EVANS and
"did not seem to be in distress"
• On the day of the incident, Plaintiff's personal cellular telephone contains a
sexual conversation with her boyfriend while she was processing the deceased
person and he comments, "make sure you are naked when I get home" to which
she replied sending a happy emoji
• Several days later, Plaintiff took photographs at work while smiling
6
• Plaintiff was told that the defense attorney will question why she did not fight,
considering that she is a police officer
• Plaintiff was told that although Defendant ARISTOTLE EVANS forcibly placed
her hand on his penis, she voluntarily moved her hand to perform the
masturbation; and
• Finally, Plaintiff was told since she told Defendant Evans, "Can you just finish
this?" This is a form of consent.
40. Plaintiff alleges that she felt defeated because Assistant District Attorneys
Williams and Sculco did not take her complaint against Defendant ARISTOTLE EVANS
seriously.
41. Plaintiff alleges that more importantly, they engaged in the same sort of
stereotyping and value judgments that creates and maintains the opportunity for persons such as
Defendant ARISTOTLE EVANS to violate a woman's rights at the workplace.
42. Plaintiff alleges that shortly thereafter without notice, the Office of the District
Attorney declined to criminally charge Defendant ARISTOTLE EVANS and referred the matter
back to Defendant THE CITY OF MOUNT VERNON.
43. Plaintiff alleges that after several months without pay on or about April 19, 2019,
she was told that Defendant THE CITY OF MOUNT VERNON did not have her filed Notice of
Claim or the request to have the sexual assault considered a Line of Duty under GML 207-c.
44. Plaintiff alleges that to this date; Defendant THE CITY OF MOUNT VERNON
and its police management have not ruled on her request to have the sexual assault involving
Defendant ARISTOTLE EVANS considered a Line of Duty under GML 207-c.
45. Plaintiff alleges that on or about October 29, 2019, she me with Police
Department City of Mount Vernon's Internal Affairs regarding her allegations of sexual assault
against defendant ARISTOTLE EVANS.
46. Plaintiff alleges that to this date; Defendant THE CITY OF MOUNT VERNON
7
and its police management have not formally charged Defendant ARISTOTLE EVANS with
misconduct related to sexual assault.
47. Plaintiff alleges that Defendants' THE CITY OF MOUNT VERNON and
ARISTOTLE EVANS'S actions are in violation of the Civil Rights Act of 1964, the Civil Rights
Act of 1781 and New York State Executive Law § 296.
VIOLATIONS AND CLAIMS ALLEGED

COUNT I
GENDER DISCRIMINATION
IN VIOLATION OF
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
48. Plaintiff re-alleges Paragraphs 1 through 47 and incorporates them by reference as
Paragraphs 1 through 47 of Count I of this Complaint.
49. Plaintiff alleges that defendant THE CITY OF MOUNT VERNON through its
agents engaged in a pattern and practice of gender discrimination against her with respect to the
terms, conditions and privileges of employment because of her gender.
50. Plaintiff alleges that defendant THE CITY OF MOUNT VERNON knew or
should have known about gender discrimination in the workplace because of their prior history
of discriminatory conduct.
51. Plaintiff alleges that the discriminatory acts of defendant THE CITY OF MOUNT
VERNON caused her to suffer depression and anxiety.
52. Plaintiff alleges that defendant THE CITY OF MOUNT VERNON acted in an
outrageous and systematic pattern of oppression, bad faith and cover-up.
53. Plaintiff alleges that the acts of defendant THE CITY OF MOUNT VERNON
under color of law caused her to incur significant legal costs, emotional distress, damage to her
personal and professional reputation.
8
COUNT II
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
Paragraphs 1 through 53 of Count II of this Complaint.
agents engaged in various cruel and hostile actions towards her due to gender.
56. Plaintiff alleges that the cruel and hostile acts of defendant THE CITY OF
MOUNT VERNON through its agents under color of law caused her to incur significant legal
costs, emotional distress, damage to her personal and professional reputation.
COUNT III
RETALIATION
IN VIOLATION OF
57. Plaintiffre-alleges Paragraphs 1 through 56 and incorporates them by reference as Paragraphs 1
through 56 of Count III of this Complaint.
agents engaged in various retaliatory actions against her for opposing gender discrimination and
filing such complaints with Human Resources, Internal Affairs and the EEOC.
59. Plaintiff alleges that because of the illegal acts of defendant THE CITY OF
MOUNT VERNON through its agents under color of law caused her to incur significant legal
costs, emotional distress, damage to her personal and professional reputation.
COUNT IV
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
9
through 59 of Count IV of this Complaint.
61. Plaintiff alleges that defendant ARISTOTLE EVANS intentionally engaged in an
outrageous and systematic pattern of gender discrimination, oppression, bad faith and cover-up.
62. Plaintiff alleges that defendant ARISTOTLE EVANS acting individually and in
their official capacities as a public official of defendant THE CITY OF MOUNT VERNON
under color of law, and having been fully advised that she was being deprived of her
constitutional rights, either acted in a concerted, malicious intentional pattern to further
discriminate against her, or knowing such discrimination was taking place, knowingly omitted to
act to protect her.
63. Plaintiff alleges defendant ARISTOTLE EVANS under color of law caused her to
incur significant legal costs, emotional distress, damage to her personal and professional
reputation.
COUNT V
IN VIOLATION OF
Paragraphs 1 through 63 of Count V of this Complaint.
outrageous and systematic pattern of gender discrimination, hostility, oppression, bad faith and
cover-up.
constitutional rights, either acted in a concerted, malicious intentional pattern to further
10
discriminate against her, or knowing such discrimination was taking place, knowingly omitted to
act to protect her.
67. Plaintiff alleges defendant ARISTOTLE EVANS under color of law caused her to
incur significant legal costs, emotional distress, and damage to her personal and professional
reputation.
COUNT VI
RETALIATION
IN VIOLATION OF
through 67 of Count VI of this Complaint.
outrageous and systematic pattern of gender discrimination, hostility, oppression, bad faith and
cover-up.
constitutional rights, either acted in a concerted, malicious intentional pattern to retaliate against
her for opposing gender discrimination and filing such complaints with Human Resources,
Internal Affairs and the EEOC.
71. Plaintiff alleges that defendant ARISTOTLE EVANS under color of law caused
her to incur significant legal costs, emotional distress, and damage to her personal and
professional reputation
11
COUNT VII
MONELL CLAIM
IN VIOLATION OF
through 71 of Count VII of this Complaint.
73. Plaintiff alleges defendant THE CITY OF MOUNT VERNON through its agents
caused her injuries.
74. Plaintiff alleges defendant THE CITY OF MOUNT VERNON actions of
implementing 'official and un-official' policies of supporting gender discrimination, related
claims and 'Supervisor Immunity' under color of law.
deprived her of constitutional and statutory rights.
caused her to sustain damages.
COUNT VIII
NEGLIGENT HIRING
IN VIOLATION OF
Paragraphs 1 through 76 of Count VIII of this Complaint.
deprived her of constitutional and statutory rights by hiring of defendant ARISTOTLE EVANS.
79. Plaintiff alleges hiring defendant ARISTOTLE EVANS reflects a deliberate
indifference to the risk that a violation of a constitutional or statutory right would follow.
80. Plaintiff alleges because defendant THE CITY OF MOUNT VERNON through
12
its agent decided to hire defendant ARISTOTLE EVANS she sustained constitutional and
statutory injuries.
COUNT IX
FAILURE TO TRAIN
IN VIOLATION OF
Paragraphs 1 through 80 of Count IX of this Complaint.
knows to a moral certainty that its employees will confront a given situation.
83. Plaintiff alleges the situation presents the employee with a difficult choice of the
sort either that training will make less difficult or that there is a history of employees
mishandling the situation.
84. Plaintiff alleges mishandling those situations will frequently cause the deprivation
of a citizen's constitutional rights.
its agents' failure to train its employees regarding gender discrimination, related claims and
`Supervisor Immunity' in the workplace she sustained constitutional and statutory injuries.
COUNT X
FAILURE TO SUPERVISE
IN VIOLATION OF
Paragraphs 1 through 85 of Count X of this Complaint.
knows to a moral certainty that its employees will confront a given situation.
13
88. Plaintiff alleges the situation presents the employee with a difficult choice of the
sort either that training will make less difficult or that there is a history of employees
mishandling the situation.
89. Plaintiff alleges mishandling those situations will frequently cause the deprivation
of a citizen's constitutional rights.
its agents' failure to supervise its employees she sustained constitutional and statutory injuries.
COUNT XI
FAILURE TO DISCIPLINE
IN VIOLATION OF
Paragraphs 1 through 90 of Count XI of this Complaint.
deprived her of constitutional and statutory rights by failing to discipline defendant ARISTOTLE
EVANS.
93. Plaintiff alleges defendant THE CITY OF MOUNT VERNON through its agents'
failure to discipline defendant ARISTOTLE EVANS reflects a deliberate indifference to the risk
that a violation of a constitutional or statutory right would follow.
its agents' failure to discipline defendant ARISTOTLE EVANS she sustained constitutional and
statutory injuries.
COUNT XII
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
14
Paragraphs 1 through 94 of Count XII of this Complaint.
96. Plaintiff alleges that New York State Executive Law § 296, makes it unlawful to
discriminate against any individual in the terms, conditions, or privileges of employment because
of their gender.
97. Plaintiff alleges that defendants' THE CITY OF MOUNT VERNON and
ARISTOTLE EVANS discriminated against her because of her gender.
98. Plaintiff alleges that as a direct and proximate result of the unlawful employment
practices of defendants' THE CITY OF MOUNT VERNON and ARISTOTLE EVANS, she
suffered the indignity of gender discrimination and great humiliation.
ARISTOTLE EVANS'S violations caused her to incur significant legal costs, emotional distress,
damage to her personal and professional reputation.
COUNT XIII
IN VIOLATION OF
Paragraphs 1 through 99 of Count XIII of this Complaint.
of their gender.
102. Plaintiff alleges that the law also makes it unlawful to create an atmosphere where
hostilities are encouraged and/or tolerated.
103. Plaintiff alleges defendants' THE CITY OF MOUNT VERNON and ARISTOTLE
EVANS engaged in various hostile actions against her based upon her gender.
15
suffered the indignity of gender discrimination.
ARISTOTLE EVANS'S violations caused her to incur significant legal costs, emotional distress,
damage to her personal and professional reputation.
COUNT XIV
RETALIATION
IN VIOLATION OF
through 109 of Count XIV of this Complaint.
of their gender.
108. Plaintiff alleges that the law also makes it unlawful to create an atmosphere where
retaliation is encouraged and/or tolerated.
ARISTOTLE EVANS engaged in various retaliatory actions against her because of her
opposition to gender discrimination and for filing such complaints with Human Resources,
Internal Affairs and the EEOC.
suffered the indignity of gender discrimination and great humiliation.
16
ARISTOTLE EVANS'S violations caused her mental anguish, emotional distress, damage to her
personal and professional reputation.
JURY TRIAL
112. Plaintiff demands a trial by jury of all issues in this action that are so triable.
PRAYER FOR RELIEF
Wherefore, plaintiff demands compensatory and punitive damages from defendants' THE
CITY OF MOUNT VERNON and ARISTOTLE EVANS jointly and severally, in an amount to
be determined at trial, plus any al available statutory remedies, both legal and equitable, and
interests and costs.
Dated: April 12, 2020

New York, N.Y.
Respectfi ly submitted,
By:
Eric Sanders
Eric Sanders, Esq.

THE SANDERS FIRM, P.C.
30 Wall Street, 8th Floor
New York, NY 10005
(212) 652-2782 (Business Telephone)
(212) 652-2783 (Facsimile)
Website: http://www.thesandersfirmpc.com
17

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Case 7:20-cv-02998 Document 1 Filed 04/13/20 Page 1 of 17

UNITED STATES DISTRICT COURT

Plaintiff, JURY DEMAND

THE CITY OF MOUNT VERNON and ARISTOTLE EVANS,

ARISTOTLE EVANS, respectfully set forth and allege that:

This is an action on behalf of the plaintiff LUCY ROCHES-BOWMAN, (hereinafter

JURISDICTION AND VENUE

1. The jurisdiction of this Court is invoked pursuant to 18 U.S.C. § 1965, 28 U.S.C. §§

providing for injunctive and other relief against discrimination in employment

on the basis of gender;

b. the Civil Rights Act of 1871, 42 U.S.C. § 1983; and

c. New York State Executive Law § 296

2. The unlawful employment practices, violations of plaintiff's civil rights complained

of herein were committed within the Southern District of New York.

from the EEOC.1

the Civil Rights Act of 1871.

8. Plaintiff LUCY ROCHES-BOWMAN is a female citizen of the United States of

9. Defendant THE CITY OF MOUNT VERNON is a municipal corporation and at all

relevant times plaintiff's employer.

10. Defendant ARISTOTLE EVANS, as Sergeant, Police Department City of Mount

subordinates' accusing their supervisors of sexual harassment is a very serious problem

especially in the ranks of Sergeant and above.

upon female subordinates.

department does not make sexual harassment training mandatory.

female subordinates' accusing their supervisors of sexual harassment is a serious problem,

supervisors are rarely if ever disciplined.

Vernon were fully aware, he has a history of engaging in inappropriate 'supervisor-subordinate

relationships' with female subordinates.

the processing of a deceased person.

25. Plaintiff alleged to have told Defendant ARISTOTLE EVANS to stop.

wall, forcibly kissing her.

28. Plaintiff alleges that she was afraid.

ejaculated into her right hand.

a text, stating "that was amazing."

harassment in the workplace seriously.

ARISTOTLE EVANS and he advised her to file a complaint.

complaint against Defendant ARISTOTLE EVANS.

assault perpetrated upon her.

Defendant ARISTOTLE EVANS to violate a woman's rights at the workplace.

back to Defendant THE CITY OF MOUNT VERNON.

Defendant ARISTOTLE EVANS considered a Line of Duty under GML 207-c.

against defendant ARISTOTLE EVANS.

misconduct related to sexual assault.

Act of 1781 and New York State Executive Law § 296.

VIOLATIONS AND CLAIMS ALLEGED

48. Plaintiff re-alleges Paragraphs 1 through 47 and incorporates them by reference as

Paragraphs 1 through 47 of Count I of this Complaint.

terms, conditions and privileges of employment because of her gender.

VERNON caused her to suffer depression and anxiety.

outrageous and systematic pattern of oppression, bad faith and cover-up.

personal and professional reputation.

54. Plaintiff re-alleges Paragraphs 1 through 53 and incorporates them by reference as

Paragraphs 1 through 53 of Count II of this Complaint.

costs, emotional distress, damage to her personal and professional reputation.

57. Plaintiffre-alleges Paragraphs 1 through 56 and incorporates them by reference as Paragraphs 1

through 56 of Count III of this Complaint.

costs, emotional distress, damage to her personal and professional reputation.

60. Plaintiffre-alleges Paragraphs 1 through 59 and incorporates them by reference as Paragraphs 1