UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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CLAYTON TIFFANY,

FOURTH AMENDED

COMPLAINT/

Plaintiff,
JURY
DEMAND

00 Civ. 2283 (CM) (LMS)

-against-

NICHOLAS TARTAGLIONE, individually and as

a Police Officer of the Village of Briarcliff Manor,
RONALD TRAINHAM, individually and as Chief of
the Police Department of the Village of Briarcliff
Manor, KEITH AUSTIN, individually and as the
Mayor of the Village of Briarcliff Manor,
BOARD OF TRUSTEES of the Village of Briarcliff
Manor, POLICE COMMISSIONERS of the Village of
Briarcliff Manor, VILLAGE OF BRIARCLIFF MANOR and
the VILLAGE OF BRIARCLIFF MANOR POLICE
DEPARTMENT, NEW YORK, POLICE OFFICER
LAWRENCE ADAMITIS, Individually and as a
member of the Police Department of the Village of
Briarcliff Manor, and SERGEANT MICHAEL BASSETT,
Individually and as a member of the Police
Department of the Village of Briarcliff Manor,

Defendants.

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The plaintiff CLAYTON TIFFANY, by his attorneys Emery Celli Cuti

Brinckerhoff & Abady PC, for his Complaint alleges as follows:

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 INTRODUCTION

(a) This action arises from vicious, cruel and continuous acts of police

brutality and the conspiracy to cover them up.

(b) This is an action for money damages against THE VILLAGE OF

BRIARCLIFF MANOR, KEITH AUSTIN, individually and as a Mayor of the VILLAGE OF

BRIARCLIFF MANOR, THE POLICE DEPARTMENT OF BRIARCLIFF MANOR,

TARTAGLIONE, RONALD TRAINHAM, LAWRENCE ADAMITIS, and MICHAEL

BASSETT, individually and as officers of the village of Briarcliff Manor Police Department,

committing acts under the color of law, acting within the course and scope of their employment,

and depriving plaintiff of rights secured by the Constitution and laws of the United States and the

State of New York.

(c) Clayton Tiffany avers that the above-mentioned defendant police officers

repeatedly and wrongfully harassed, stalked, assaulted, battered, falsely accused and arrested,

falsely imprisoned, threatened, menaced, and retaliated against plaintiff with the deliberate

intention of causing him serious physical and emotional distress and mental injury.

(d) Plaintiff avers that defendants further conspired to and did actually engage

in a continual pattern of harassment and excessive use of force against him, all in violation of his

civil rights. These illegal acts resulted in plaintiff’s physical and emotional harm, which

required and still requires medical treatment.

(e) Clayton Tiffany seeks redress against the defendants, both individually

and as employees, agents and/or servants of the named municipal defendants for their tortious

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conduct including but not limited to assault and battery, violations of plaintiff’s First, Fourth, and

Fourteenth Amendment rights, the deliberate indifference and negligence with respect to the

customs and policies of the municipal defendants, negligent hiring and retention, and failing to

supervise, train and discipline the defendant police officers.

JURISDICTION AND VENUE

(f) This action arises under the First, Fourth, and Fourteenth Amendments to

the United States Constitution, 42 U.S.C. § 1983, and New York state common law.

(g) The jurisdiction of this Court is predicated upon 28 U.S.C. §§ 1331,

1343(a), 1367(a), and the doctrine of pendant jurisdiction.

(h) Venue of this action is proper in the Southern District of New York under

28 U.S.C. § 1391(b) because the acts complained of occurred in this district and, on information

and belief, all of the defendants reside in this district.

THE PARTIES

(i) During all times mentioned in this complaint, plaintiff, CLAYTON

TIFFANY, was and is a resident of the Village of Briarcliff Manor, Westchester County, State of

New York.

(j) Defendant VILLAGE OF BRIARCLIFF MANOR is a municipal

corporation within the State of New York and the public employer of the police officers named

as defendants in this action.

(k) Defendant BRIARCLIFF MANOR POLICE DEPARTMENT (“Police

Department”) is an agency of the Village of Briarcliff Manor, existing and operating by virtue of

the laws of the State of New York and Westchester County.

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 (l) Defendant BOARD OF TRUSTEES of the Village of Briarcliff Manor is

an agency of the Village of Briarcliff Manor made up of four commissioners and Mayor Austin.

The Board of Trustees additionally serves as the Police Commissioners for the Village of

Briarcliff Manor and, both as a Board and by its individual Trustees, makes and enforces policy

with respect to the Village of Briarcliff Manor Police Department. The Board of Trustees exists

and operates by virtue of the laws of the State of New York and Westchester County.

(m) In addition to the facts alleged in the following subparagraphs, the

following defendants are all sued in their individual and official capacities and all acted within

the scope of their employment and under color of state law, to wit, under color of the statutes,

ordinances, regulations, policies, customs and usages of the State of New York and/or

Westchester County.

(n) Defendant NICHOLAS TARTAGLIONE, upon information and belief,

was at all relevant times a police officer employed by defendant Police Department.

(o) Defendant KEITH AUSTIN was at all relevant times the Mayor of the

Village of Briarcliff Manor and a member of the Board of Trustees of the Village of Briarcliff

Manor.

(p) Defendant RONALD TRAINHAM, upon information and belief, was at

all relevant times the Chief of the Village of Briarcliff Manor Police Department and, as such,

made and enforced policy with respect to the Village of Briarcliff Manor Police Department.

(q) Defendant police officer LAWRENCE ADAMITIS, upon information and

belief, was at all relevant times a police officer employed by defendant Police Department.

(r) Defendant SERGEANT MICHAEL BASSETT, upon information and

belief, was at all relevant times a police officer employed by defendant Police Department.

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 (s) During all times mentioned in this complaint, the defendants and each of

them, separately and in concert, engaged in acts and omissions which constituted deprivations of

plaintiff’s constitutional rights, and the privileges and immunities of the plaintiff, and while these

facts were carried out under color of law, they had no justification or excuse, and were instead

gratuitous, illegal, improper and unrelated to any activity in which law enforcement officers may

appropriately and legally engage in the course of protecting persons and property and/or ensuring

civil order.

(t) Each of the defendants at all times relevant to this action had the power

and the duty to restrain the other defendants and prevent them from violating the law and the

rights of the plaintiff, but each of the defendants failed and refused to perform that duty, failed

and refused to restrain the other defendants, and thereby became a party to the injuries inflicted

upon the plaintiff and acted in concert with the others to harm plaintiff.

STATEMENT OF FACTS

(u) Plaintiff Clayton Tiffany, 55 years of age, is a member of the press and

host of a local cable televison show called “Dirge for the Charlatans,” which regularly reports on

local, state, national, and world events.

(v) Since early 1995, plaintiff has been speaking out regularly on his cable

televison programs, at public meetings, which are also televised, and elsewhere, criticizing the

Village of Briarcliff Manor Police Department and government, including, since 1997, defendant

Tartaglione.

(w) The incidents giving rise to this lawsuit took place on various occasions

and, upon information and belief, were directed against Mr. Tiffany in retaliation for his

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exercise of his First Amendment rights to freedom of speech and the press.

March 25, 1997 Incident

(x) On March 25, 1997, at or about 1:00 p.m., without legal and justifiable

cause, and within the scope and course of his employment, defendant Tartaglione stopped Mr.

Tiffany as Tiffany was lawfully proceeding by automobile on South State Road in the Town of

Mt. Pleasant.

(y) Police officer (“P.O.”) Tartaglione made a racist comment directed at

plaintiff, at least in part because the plaintiff is known for his defense of blacks and other

persecuted minorities.

(z) This conduct was part of a pattern of retaliatory actions engaged in by the

Village of Briarcliff Manor, its Police Department, and its police officers against plaintiff for

exercising his First Amendment rights as a member of the press.

(aa) P.O. Tartaglione then attempted to humiliate and scare Mr. Tiffany by

speaking to plaintiff an extremely menacing and intimidating manner. Tartaglione said that he

could have Tiffany taken care of anytime Tartagione wanted. Tartaglione also said that he was

connected to the Mob.

(bb) P.O. Tartaglione told plaintiff that he was speeding in an attempt to justify

this unlawful stop and seizure.

(cc) Defendant Tartaglione then went back to his police car, where he

remained for some time in an attempt to intimidate plaintiff and cause him to fear for his

personal safety.

(dd) Plaintiff, in fear for his own safety, flagged down a passing motorist and

requested that the motorist contact a friend of plaintiff, giving the motorist the necessary

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information.

(ee) Defendant Tartaglione then exited his vehicle, came toward Mr. Tiffany in

an intimidating and menacing manner, and threw Mr. Tiffany against the hood of Tartagione’s

police car.

(ff) Mr. Tiffany suffered injuries to his wrist, thumb, and hands, as well as

emotional injuries, as a result of the excessive force P.O. Tartaglione used against Mr. Tiffany.

(gg) Although Tartaglione allegedly pulled Mr. Tiffany over for speeding, he

then arrested Mr. Tiffany for driving with an expired registration and for disorderly conduct.

(hh) Briarcliff Manor Police Officer Farrington arrived at the scene after

defendant Tartaglione physically assaulted, battered and falsely arrested Clayton Tiffany.

(ii) Defendant Tartaglione drove Mr. Tiffany to the Briarcliff Manor police

station.

(jj) Upon his arrival at the precinct, plaintiff requested and was denied

appropriate medical attention.

(kk) While at the precinct, Mrs. Marge Pastell, secretary to then-Village

Manager Lynn McCrum, at plaintiff’s request, came to witness injuries that resulted from the

assault and battery perpetrated by P.O. Tartaglione. Plaintiff made Ms. Pastell aware of his

false arrest, physical abuse, emotional distress, and humiliation. He requested that she report

Tartaglione’s illegal and wanton acts to Lynn McCrum.

(ll) At no time during the events described did P.O. Tartaglione have probable

cause to arrest Mr. Clayton Tiffany or legal cause for his seizure. The force used in the street

and inside the precinct was unnecessary, unreasonable, and excessive.

(mm) At or about 10:40 a.m. on March 26, 1997, in a repeated attempt to

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obstruct justice, P.O. Tartaglione refused plaintiff a complaint form, while he was in charge of

the post desk at headquarters, thereby precluding plaintiff from filing a complaint against him.

(nn) Police Chief Trainham also prevented Mr. Tiffany from receiving the

complaint form by instructing P.O. Tartaglione to only give plaintiff page 2 of the form, and by

pushing Mr. Tiffany.

(oo) As a result of P.O. Tartaglione’s false arrest of Mr. Tiffany, and the

excessive use of force against Mr. Tiffany, Mr. Tiffany began criticizing P.O. Tartaglione and

the Briarcliff Manor Police Department on his local cable access television program.

(pp) Mr. Tiffany also repeatedly complained to Chief Trainham and at Village

Board of Trustees meetings about P.O. Tartaglione’s misconduct.

May 16, 1998 Incident

(qq) On May 16, 1998, defendant Tartaglione, in the presence of defendant

Adamitis, stalked and intimidated plaintiff in the Village.

(rr) Plaintiff twice called the Village Police and then went down to the Village

Police station to complain in person about P.O. Tartaglione’s conduct.

(ss) P.O. Tartaglione followed Mr. Tiffany into the Police Department. Mr.

Tiffany, intimidated by P.O. Tartaglione, went to his car to fill out his complaint form against

Tartaglione.

(tt) Tartaglione and Adamitis followed Mr. Tiffany to his car and arrested Mr.

Tiffany without justification or legal ground. During the arrest, defendant police officers used

unnecessary force and caused plaintiff great physical pain. When Mr. Tiffany was in handcuffs,

defendant Tartaglione threw Mr. Tiffany over his shoulder, causing Mr. Tiffany great alarm.

(uu) Defendant Tartaglione falsely arrested and falsely charged plaintiff with

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the violation of disorderly conduct based on his conduct in the Village (not at the Police Station)

and the crime of resisting arrest.

(vv) As a result of the aforesaid false charges, plaintiff was required to make a

number of court appearances and defend himself against prosecution.

(ww) In September,1998, a jury trial was conducted on the aforesaid false

charges at which time the plaintiff was found not guilty of the resisting arrest charge and guilty

of the disorderly conduct charge.

(xx) By decision dated December 8, 1999, the Appellate Term for the Ninth

and Tenth Judicial Districts unanimously reversed the aforementioned conviction for disorderly

conduct and dismissed the accusatory instrument. In that decision, the Appellate Term found

that the plaintiff “was merely stating his views on the state of the local police department and the

[accusatory] instrument indicates that the only effect on his actions was to cause people to leave

the area. Entirely absent is any basis upon which to conclude that a breach of the peace was

intended or at risk . . .”

(yy) Defendant Tartaglione’s conduct in bringing the aforesaid charges against

plaintiff constituted a malicious prosecution.

(zz) Upon information and belief, the aforesaid false arrest, excessive force,

and baseless charges were brought against plaintiff by defendant Tartaglione in retaliation for

plaintiff’s speaking out about matters of public concern and such conduct thereby violated

plaintiff’s First Amendment right to free speech.

(aaa) On or about July 16, 1998, Mr. Tiffany complained at a Village Board of

Trustees meeting about P.O. Tartaglione’s unconstitutional conduct on May 16, 1998. Mr.

Tiffany also told the Village Board that P.O. Tartaglione was being investigated by the Federal

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Bureau of Investigations (“FBI”) for his pattern of excessive force while a police officer in

Briarcliff Manor and elsewhere. Mr. Tiffany subsequently notified the Village Board of

Trustees on several occasions about Officer Tartaglione’s misconduct and the FBI’s

investigation. Upon information and belief, the Village Board of Trustees did not investigate or

take any other action with respect to the threat P.O. Tartaglione posed to Mr. Tiffany and others.

(bbb) Instead, Mayor Austin, with the Board of Trustees’ approval, deliberately

and maliciously violated plaintiff’s First and Fourteenth Amendment rights by singling him out

and allowing him only 2 minutes to address matters of public concern.

December 2, 1998

(ccc) Upon information and belief, on December 2, 1998, defendant

Tartaglione, again, without just cause or provocation, used excessive force against plaintiff.

(ddd) Mr. Tiffany went to Yonkers, New York, to attend a Department of Motor

Vehicles (“DMV”) hearing resulting from Tartaglione’s arrest of Roger Watkins.

(eee) Mr. Tiffany arrived at the DMV sometime after 1:30 p.m. Mr. Tiffany

was at the courthouse until about 2:00 p.m. During that time, Mr. Tiffany waited for and spoke

to Mr. Watkins’s attorney. Then, Mr. Tiffany drove through Getty Square in Yonkers and

parked in a parking lot nearby.

(fff) Mr. Tiffany was parked in that parking lot when P.O. Tartaglione drove

up beside him.

(ggg) P.O. Tartaglione got out of his car with his gun drawn, and threw Mr.

Tiffany to the pavement. P.O. Tartaglione repeatedly smashed Mr. Tiffany’s face into the

pavement.

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 (hhh) Plaintiff was in great pain and his face bled profusely.

(iii) P.O. Tartaglione called Yonkers police officers to the scene. Tiffany was

arrested shortly thereafter.

(jjj) By an accusatory instrument signed by defendant Tartaglione and dated

December 2, 1998, defendant Tartaglione falsely charged plaintiff with the crime of harassment

in the second degree.

(kkk) As a result of the aforesaid false charges, plaintiff was required to make a

number of court appearances and defend himself against prosecution.

(lll) On or about September 3, 1999, on the motion of the District Attorney of

Westchester County, the aforesaid false charge was dismissed by the City of Yonkers Court.

(mmm)Defendant Tartaglione’s conduct in bringing the aforesaid charges against

plaintiff constituted a malicious prosecution.

(nnn) The aforesaid excessive force and charges were brought against plaintiff

by defendant Tartaglione in retaliation for plaintiff’s speaking out about matters of public

concern and such conduct thereby violated plaintiff’s First Amendment right to free speech.

(ooo) Mr. Tiffany complained at a Board of Trustees Meeting, to Police Chief

Trainham, and to Village Manager Lynn McCrum about P.O. Tartaglione’s violent and

unconstitutional conduct on December 2, 1998. Upon information and belief, the Board of

Trustees, Trainham, and McCrum did not investigate the threat that P.O. Tartaglione posed to

Mr. Tiffany.

July 17, 1999

(ppp) On July 12, 1999, Mr. Tiffany was walking through a parking lot outside

Wal Mart in Cortland, New York, when P.O. Tartaglione yelled “hey dickhead” at plaintiff at

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least three times.

(qqq) Mr. Tiffany attempted to notify Police Chief Trainham and Village

Manager Tom Ferguson about P.O. Tartaglione’s conduct. Neither Trainham nor Ferguson

would meet with Mr. Tiffany.

(rrr) On July 15, 1999, after Mr. Tiffany had been swimming in the Hudson

River, as is his practice, Briarcliff Manor Police Officer Daniel Murphy drove up to Mr. Tiffany.

P.O. Murphy threatened that he and Tartaglione would “get” Tiffany one night when Tiffany

was coming out of the river.

(sss) When Mr. Tiffany got home, he called the Police Department to report

P.O. Murphy’s threat. Defendant Bassett was the desk sergeant on duty, and took Mr. Tiffany’s

call.

(ttt) Mr. Tiffany also directly notified Chief Trainham and Village Manager

Ferguson about P.O. Murphy’s threat. Trainham led Mr. Tiffany to believe that he would not be

bothered if he went swimming at the Hudson River at night.

(uuu) On the evening of July 17, 1999, Mr. Tiffany emerged from the Hudson

River after taking a swim. As Mr. Tiffany walked to the area where he left his belongings he

saw a police officer who turned out to be defendant Tartaglione. Upon recognizing the police

officer to be defendant Tartaglione, plaintiff was afraid because of his previous experiences with

defendant Tartaglione, all of which resulted in physical and emotional injury to plaintiff.

(vvv) Defendant Tartaglione approached plaintiff and without legal cause or

justification sprayed a chemical into plaintiff’s eyes and then began to strike Mr. Tiffany about

the head, face and body.

(www) Defendant Tartaglione then ordered plaintiff to the ground. As plaintiff

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laid on the ground, P.O. Tartaglione continued his assault upon him.

(xxx) Defendant Tartaglione stomped and kicked plaintiff about the head, face,

and body and said, in sum and substance, “you can’t tell lies about me on your television show.”

Upon information and belief, P.O. Tartaglione was retaliating against plaintiff for exercising his

First Amendment right as a member of the press.

(yyy) Upon information and belief, at some point during the assault, defendant

Adamitis, acting within the scope and course of his employment, came to the scene. Defendant

Adamitis merely watched defendant Tartaglione assault plaintiff and in no way assisted or

rendered aid to plaintiff.

(zzz) Four police officers from the Village of Ossining were called to the scene.

(aaaa) P.O. Kevin Noye, from the Town of Ossining, was also called to the

scene. His facial injuries in plain view, Clayton Tiffany informed P.O. Noye that defendant

P.O. Tartaglione had beaten him for no good reason.

(bbbb) Plaintiff made P.O. Noye aware of the fact that defendant P.O. Adamitis

allowed P.O. Tartaglione to beat him and did not render him any aid nor did he stop or arrest

defendant P.O. Tartaglione.

(cccc) Tartaglione falsely arrested Tartaglione and falsely charged Tartaglione

with the crimes of assault in the second degree, resisting arrest, and trespass. Tartaglione did

not have probable cause to make these arrests.

(dddd) P.O. Noye drove plaintiff to the Village of Briarcliff Manor Police

Department. Clayton Tiffany continued to bleed profusely from the nose, mouth, and eye area.

(eeee) At the precinct, his injuries in plain view, plaintiff informed the desk

sergeant on duty, defendant Bassett, that defendant Tartaglione brutally assaulted him. It is

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believed that defendant Bassett completely ignored plaintiff as well as his obvious injuries.

(ffff) Defendant Bassett failed to take the appropriate steps in: voiding the arrest

of Clayton Tiffany, taking the appropriate actions against police officers Tartaglione and

Adamitis, as well as securing proper medical attention for Clayton Tiffany.

(gggg) At no time during the events described above did the defendant officers

have probable cause for the arrest of Clayton Tiffany nor did they have legal cause or excuse for

his seizure or the excessive and brutal force used against him.

(hhhh) It is believed that defendant police officers Tartaglione and Adamitis, and

Sergeant Bassett were aware of the beating but failed to report the beating and failed to protect

Clayton Tiffany while he was in custody.

(iiii) Under the oath of officers and the written rules and regulations

promulgated by the Village of Briarcliff Manor Police Department, line officers and command

personnel have an affirmative duty to intercede and prevent crimes and other misconduct by

officers and to report such conduct whenever they become aware of it.

(jjjj) Defendants Tartaglione, Adamitis, and Bassett knew, or with due

diligence should have known of the need to get Clayton Tiffany immediate medical attention but

intentionally, or through their deliberate indifference, declined to make the necessary

notifications.

(kkkk) Following this beating, the police officers should have taken plaintiff

directly to a hospital. Instead, Clayton Tiffany was detained in the police station and

handcuffed to the wall for some time before someone finally insisted that he be brought to an

emergency room.

(llll) Clayton Tiffany was eventually transported to Phelps Hospital. There, he

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was treated for a fractured left zygoma, fractured nasal bone, fractured left maxillary sinus,

fractured ribs, lacerations and contusions to the face, as well as associated pain.

(mmmm) While at the hospital, Clayton Tiffany was arraigned. Bail was

fixed in the amount of $25,000.00. The following day he was transported to Westchester

Correctional Facility. He remained there until July 21st, 1999. By the end of September, 1999,

all of the charges against Clayton Tiffany had been dropped.

(nnnn) As a result of Tartaglione’s repeated assaults, batteries, and unnecessary

and excessive force against plaintiff, and the other unlawful and unconstitutional conduct

described herein, plaintiff suffered physical injuries, emotional distress, mental anguish, and

psychological trauma.

AS AND FOR A FIRST CAUSE OF ACTION: 42 U.S.C. § 1983,

VIOLATIONS OF THE FIRST, FOURTH, AND
FOURTEENTH AMENDMENTS
(Against defendants Tartaglione, Austin, Trainham, Adamitis, and Bassett)

(oooo) Plaintiff repeats and reiterates each and every allegation contained in the

foregoing paragraphs of this complaint with the same force and effect as though set forth herein.

(pppp) By repeatedly using excessive force against Mr. Tiffany, and falsely

arresting, falsely imprisoning, and maliciously prosecuting Mr. Tiffany, defendant Tartaglione

deprived plaintiff of his rights, remedies, privileges, and immunities guaranteed by the Fourth

and Fourteenth Amendments to the United States Constitution.

(qqqq) By repeatedly using excessive force against Mr. Tiffany, and/or harassing,

stalking, falsely arresting, falsely imprisoning, and/or maliciously prosecuting Mr. Tiffany in

retaliation for Mr. Tiffany’s free speech and press activities, defendants Tartaglione and

Adamitis deprived plaintiff of his rights, remedies, privileges, and immunities guaranteed by the

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First and Fourteenth Amendments to the United States Constitution.

(rrrr) By failing to intervene to protect Mr. Tiffany, despite their presence

and/or knowledge of Tartaglione’s unconstitutional conduct, defendants Trainham, Austin,

Adamitis, and Bassett deprived Mr. Tiffany of his rights, remedies, privileges, and immunities

guaranteed by the First, Fourth, and Fourteenth Amendments to the United States Constitution.

(ssss) By singling Mr. Tiffany out, and preventing him from speaking about

matters of public concern -- including Mr. Tiffany’s vocal opposition to defendant Tartaglione’s

unconstitutional conduct -- at Village Board of Trustees meetings, defendant Austin deprived

Mr. Tiffany of his rights, remedies, privileges and immunities guaranteed by the First and

Fourteenth Amendments to the United States Constitution.

(tttt) Defendants acted under pretense and color of state law and in their

individual and official capacities and within the scope of their employment.

(uuuu) Defendants acted beyond the scope of their jurisdiction, without authority

of law, and abused their powers.

(vvvv) Defendants acted willfully, knowingly, and with the specific intent to

deprive plaintiff of his constitutional rights.

(wwww) As a direct and proximate result of the misconduct and abuse of

authority detailed above, plaintiff sustained the damages herein before alleged.

AS AND FOR A SECOND CAUSE OF ACTION: 42 U.S.C. § 1985 - CONSPIRACY

(Against defendants Tartaglione, Trainham, Austin, Adamitis, and Bassett)

(xxxx) Plaintiff repeats, reiterates and realleges each and every allegation

contained in the foregoing paragraphs of this complaint with the same force and effect as though

fully set forth herein.

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 (yyyy) Upon information and belief, defendants Tartaglione, Austin, Adamitis,

Bassett, and Trainham, acting in their individual capacities and under color of state law, reached

a mutual understanding and acted to undertake a course of conduct that violated plaintiff’s

constitutional rights to be free from the intentional use of force, to be free from unreasonable

searches and seizures, to be free from false arrest, false imprisonment, and to freedom of speech

and of the press to wit:

(zzzz) The defendants agreed and acted to intentionally fabricate and contrive

false accusations concerning the behavior of Mr. Tiffany.

(aaaaa) The defendants agreed and acted to intentionally and falsely arrest

plaintiff, submit false police reports, and fabricate versions of events.

(bbbbb) The defendants agreed and acted to intentionally cover up the

unnecessary use of excessive force and other atrocious acts perpetrated against plaintiff.

(ccccc) The defendants agreed and acted to intentionally ignore and prevent

plaintiff from filing complaints and engaging in protected speech against P.O. Tartaglione.

(ddddd) As a direct and proximate result of the misconduct and abuse of

authority detailed above, plaintiff sustained the damages herein before alleged.

AS AND FOR A THIRD CAUSE OF ACTION:

42 U.S.C. § 1983 SUPERVISORY LIABILITY
(against defendants Trainham, Bassett, and Austin)

(eeeee) Plaintiff repeats, reiterates and realleges each and every allegation

contained in the foregoing paragraphs of this complaint with the same force and effect as though

fully set forth herein.

(fffff) Defendants Trainham and Bassett were, at the relevant times, supervisory

personnel of the Briarcliff Police Department, with oversight responsibility over officers

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Tartaglione, Adamitis, and Murphy. They were responsible for the training, instruction,

supervision and discipline of Tartaglione, Adamitis, and P.O. Murphy, who brutalized and

conspired to brutalize plaintiff in retaliation for his First Amendment speech.

(ggggg) Defendant Austin was, at the relevant times, the Mayor of the

Village of Briarcliff Manor and, therefore, upon information and belief, the Police Commissioner

who oversaw the Police Department and defendants Trainham, Bassett, Tartaglione, Adamitis,

and P.O. Murphy.

(hhhhh) Upon information and belief, defendants Trainham, Bassett, and

Austin were aware and well-informed of Tartaglione’s previous conduct of assault and battery,

intimidation, humiliation, menacing and false arrest perpetrated against plaintiff and others.

(iiiii) Upon information and belief, defendants Trainham, Bassett, and Austin

were aware and well-informed that the FBI was investigating P.O. Tartaglione’s pattern of

assaulting and using excessive force against citizens.

(jjjjj) Defendants Trainham, Bassett, and Austin had actual or constructive

knowledge that Tartaglione repeatedly violated Mr. Tiffany’s constitutional rights and was

engaged in conduct that posed a pervasive and unreasonable physical threat to Mr. Tiffany and

others.

(kkkkk) Defendants Trainham, Bassett, and Austin, failed to protect Mr.

Tiffany despite their knowledge that defendants Tartaglione, Adamitis, and Murphy violated Mr.

Tiffany’s constitutional rights and posed a serious threat to Mr. Tiffany’s life and safety.

(lllll) The response of defendants Trainham, Austin, and Bassett to their

knowledge of this threat was so inadequate as to show deliberate indifference or tacit approval of

the conduct of Tartaglione and Adamitis.

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 (mmmmm) The failure of defendants Trainham and Basset to supervise and

discipline Tartaglione, Adamitis, and Murphy, and the failure of defendant Austin to supervise

and discipline Trainham amounted to gross negligence, deliberate indifference, and/or intentional

misconduct.

(nnnnn) As a direct and proximate result of the misconduct and abuse of

authority detailed above, plaintiff sustained the damages herein before alleged.

AS AND FOR A FOURTH CAUSE OF ACTION:

42 U.S.C. § 1986 ACTION FOR NEGLECT TO PREVENT
(against defendants Trainham, Adamitis, and Bassett)

(ooooo) Plaintiff repeats, reiterates and realleges each and every allegation

contained in the foregoing paragraphs of this complaint with the same force and effect as though

fully set forth herein.

(ppppp) Upon information and belief, police officers Trainham, Adamitis,

and Bassett, acting within the course and scope of their employment, had knowledge that a cover

up and conspiracy to cover up the brutality perpetrated against Mr. Tiffany were in progress, had

the power to prevent or aid in preventing the cover up and conspiracy for continuing, and

neglected or refused to do so.

(qqqqq) With reasonable diligence, defendants could have prevented the

aforementioned unconstitutional acts against Mr. Tiffany.

(rrrrr) As a direct and proximate result of the misconduct and abuse of authority

detailed above, plaintiff sustained the damages herein before alleged.

AS AND FOR A FIFTH CAUSE OF ACTION:

42 U.S.C. § 1983 - MUNICIPAL VIOLATION

(sssss) Plaintiff repeats, reiterates and realleges each and every allegation

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contained in the foregoing paragraphs of this complaint with the same force and effect as though

fully set forth herein.

(ttttt) Since March 25, 1997, defendants Mayor Austin, Village of Briarcliff

Manor, the Village Board of Trustees, and the Police Department has permitted, tolerated and

been deliberately indifferent to a pattern and practice of illegal behavior by P.O. Tartaglione and

other members of its Department.

(uuuuu) This defendant had knowledge to a moral certainty the police

officers named as defendants herein had stalked, harassed, intimidated, threatened, and assaulted

plaintiff in retaliation for his free speech activities, and in violation of plaintiff’s First, Fourth,

and Fourteenth Amendment rights. Although behavior of police officers towards plaintiff was

improper, outrageous, and shocking to the conscience, none of the police officers involved has

been prosecuted, disciplined or subjected to retraining despite the fact that plaintiff has filed

numerous civil complaints.

(vvvvv) Permitting such outrageous behavior frequently has resulted in

violations of federal and state constitutional rights. The violations of these rights have been

known to defendants, who have failed to maintain a proper system for investigation of all

incidents of illegal actions by defendant Tartaglione and his co-conspirators.

(wwwww) Upon information and belief, before joining the Briarcliff Police

Department, P.O. Tartaglione had a history of brutality while employed as a police officer in Mt.

Vernon, Yonkers and Pawling. He has been under FBI investigation for his past unwarranted

and illegal conduct against civilians he ought to protect.

(xxxxx) Defendants Mayor Austin, Village of Briarcliff Manor, the Village

Board of Trustees, and the Village Police Department failed to supervise, investigate and

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discipline P.O. Tartaglione. They negligently hired him and continued to ignore his illegal

conduct. As a result, plaintiff was exposed to his violent and illegal acts, which led to serious

physical and mental injury.

(yyyyy) Plaintiff repeatedly complained to defendants Mayor Austin,

Village of Briarcliff Manor, the Board of Trustees, and the Village Police Department that P.O.

Tartaglione, Adamitis, and Murphy stalked, intimidated, threatened and/or beat him. Upon

information and belief, these complaints were deliberately ignored. As a result, P.O.

Tartaglione, acting in concert with others, was allowed to repeatedly inflict serious physical and

mental injury upon plaintiff.

(zzzzz) The foregoing acts, omissions, systematic flaws, policies and customs of

defendants Mayor Austin, the Village of Briarcliff Manor, the Village Board of Trustees, and the

Village Police Department caused P.O. Tartaglione and other police officers involved in the

incidents complained of herein to believe that brutality and other improper actions would not be

properly investigated and corrected, with the foreseeable result that officers are most likely to act

improperly and to use excessive force in situations where such actions and force are neither

necessary nor reasonable.

(aaaaaa) As a direct and proximate result of the aforesaid acts, omissions,

systematic flaws, policies, and customs of defendants Mayor Austin, the Village of Briarcliff

Manor and its Police Department, plaintiff Clayton Tiffany suffered and is still suffering severe

physical injury, emotional and mental distress, degradation, humiliation, and other damages.

AS AND FOR A SIXTH CAUSE OF ACTION: ASSAULT AND BATTERY

(against defendant Tartaglione and the Village)

(bbbbbb) Plaintiff repeats, reiterates and realleges each and every allegation

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contained in the foregoing paragraphs of this complaint with the same force and effect as though

fully set forth herein.

(cccccc) Defendant Tartaglione committed atrocious acts of battery against

plaintiff on March 25, 1997, May 16, 1998, December 2, 1998, and July 17, 1999.

(dddddd) The batteries by defendant Tartaglione were unnecessary and

unwarranted in the performance of his law enforcement duties as a police officer and constituted

an unreasonable and excessive use of force.

(eeeeee) Defendant Tartaglione acted with the intent to cause plaintiff

serious injury, which included but was not limited to beatings and kicking him about the face and

body without justification.

(ffffff) P.O. Tartaglione’s repeated assaults upon the plaintiff were not for any

justifiable cause but merely to retaliate against plaintiff for exercising his First Amendment

rights as a member of the press. P.O. Tartaglione’s acts were wanton, intentional, cruel, and

unnecessary, and resulted in plaintiff’s severe physical injury, emotional distress, and

humiliation.

(gggggg) Defendant Village, as an employer of Officer Tartaglione, is

responsible for his wrongdoings under the doctrine of respondeat superior.

AS AND FOR A SEVENTH CAUSE OF ACTION:

FALSE ARREST AND FALSE IMPRISONMENT
(against Defendant Tartaglione and the Village)

(hhhhhh) Plaintiff repeats and realleges the foregoing paragraphs as if the

same were fully set forth at length herein.

(iiiiii) Defendant Tartaglione wrongfully and illegally imprisoned and arrested

Clayton Tiffany on March 25, 1997, May 16, 1998, December 2, 1998, and July 17, 1999.

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 (jjjjjj) The wrongful, unjustifiable, and unlawful arrests and imprisonment of

Clayton Tiffany were carried out without valid warrants, without plaintiff’s consent, and without

probable cause.

(kkkkkk) At all relevant times, Officer Tartaglione acted forcibly in

imprisoning and arresting plaintiff.

(llllll) At all relevant times, plaintiff was unlawfully, wrongfully, and

unjustifiably arrested, deprived of his liberty, and imprisoned.

(mmmmmm) At all times mentioned, the unlawful, wrongful, and false

imprisonment of plaintiff was without right and without probable cause.

(nnnnnn) All of the foregoing occurred without any fault or provocation on

the part of plaintiff.

(oooooo) Defendant Village, as an employer of Officer Tartaglione, is

responsible for the false arrest and imprisonment of plaintiff under the doctrine of respondeat

superior.

(pppppp) As a direct and proximate result of the misconduct and abuse of

authority detailed above, plaintiff sustained the damages hereinbefore alleged.

AS AND FOR AN EIGHTH CAUSE OF ACTION:

NEGLIGENT HIRING, RETENTION, and SUPERVISION
(against Defendant Village of Briarcliff Manor)

(qqqqqq) Plaintiff repeats and realleges the foregoing paragraphs as if the

same were fully set forth at length herein.

(rrrrrr) Upon information and belief, defendant Village owed a duty of care to

plaintiff to prevent his unlawful arrests and the use of excessive and unreasonable force against

him.

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 (ssssss) Upon information and belief, defendant Village owed a duty of

care to plaintiff because under the same or similar circumstances a reasonable, prudent, and

careful person should have anticipated that an injury to plaintiff or to those in a like situation

would probably result from this conduct.

(tttttt) Upon information and belief, defendants Tartaglione, Adamitis, Bassett,

and Murphy were unfit and incompetent for their positions in the Village Police Department.

(uuuuuu) Upon information and belief, defendant Village knew or should

have known, before they hired him, that defendant Tartaglione had a history of violence and

excessive force.

(vvvvvv) Upon information and belief, defendant Village knew or should

have known through the exercise of reasonable diligence that defendants Tartaglione, Adamitis,

Bassett, and Murphy were potentially dangerous based on their conduct as Briarcliff Manor

Police Department employees.

(wwwwww) Upon information and belief, defendant Village knew or should

have known through the exercise of reasonable diligence that defendants Tartaglione, Adamitis,

Bassett, and Murphy had a propensity to commit the misconduct that caused plaintiff’s injuries.

(xxxxxx) Upon information and belief, defendant Village’s negligence in

hiring, retaining, and supervising defendants Tartaglione, Adamitis, Bassett, and Murphy

proximately caused plaintiff’s injuries.

DAMAGES

(yyyyyy) As a direct and proximate result of the said acts of the defendants,

Clayton Tiffany suffered the following damages:

a. Violation of his First, Fourth, and Fourteenth

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 Amendment rights under the United States Constitution;

b. Loss of physical liberty;

c. Life threatening physical injuries, severe pain and suffering, extreme fear,
emotional trauma, requiring the expenditure of money for treatment
expected to last the rest of his life; and

d. Economic damages including loss of income and humiliation,

embarrassment and injury to reputation.

WHEREFORE, plaintiff requests the following relief jointly and severally as

against all of the defendants:

156. Award compensatory damages in an amount to be determined at trial;

157. Award punitive damages in an amount to be determined at trial;

158. Disbursements, costs, and attorneys’ fees; and

159. For such other and further relief this court may deem just and proper.

PLAINTIFF DEMANDS A TRIAL BY JURY

Dated: New York, New York

May 5, 2003

EMERY CELLI CUTI BRINCKERHOFF & ABADY PC

By:
John R. Cuti (JC 3365)
Andrew G. Celli, Jr. (AC 3598)
Joanna C. Schwartz (JS 0016)
545 Madison Avenue, 3rd Floor
New York, New York 10022
(212) 763-5000

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