Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
23051/2019E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019
Unit, Office of the Bronx District Attorney, each sued individually and
in their official capacities as employees of Defendant THE CITY OF
NEW YORK
Defendants'
You are hereby summoned and required to serve upon Plaintiff's attorney, at the address
If this summans was personally served upon you by the State of New York, the answer
must be served within twenty days after such service of the summons, excluding the date of
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service. If the summons was not personally delivered to you within the State of New York, the
answer must be served within thirty days after service of the summons is complete as provided
by law.
If you do not serve an answer to the attached complaint within the applicable time
limitation stated above, a judgment may be entered agaiñst you, by default, for the relief
The action will be heard in the Supreme Court of the State of New York, County of the
Respec ly submitted,
By:
Eric Sanders
Website: htto://www.thesandersfirmpc.com
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Unit, Office of the Bronx District Attorney, each sued individually and
in their official capacities as employees of Defendant THE CITY OF
NEW YORK
Defendants'
-________________________..___________________________-__ X
The Plaintiff CRYSTAL RIVERA through her attorney THE SANDERS FIRM, P.C., files
Defendants'
this Verified Complaint against THE CITY OF NEW YORK; DARCEL D. CLARK;
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INTRODUCTION
This is an action for equitable relief and money damages on behalf of the Plaintiff
CRYSTAL RIVERA, (hereinafter referred to as "PlaintifP') who was, and who is prospectively
Defendants'
being deprived of her statutory rights as an cmployee bean.ce of THE CITY OF NEW
PRISCILLA TAVERAS and BRIAN WAREHAM'S race and gender discrimination, hostile
1. The jurisdiction of this Court is invoked pursuant to New York State Executive Law
PLAINTIFF
3. Plaintiff is a Puerto Rican female, over twenty-one (21) years of age, residêñt of
DEFENDANTS'
5. Defeñdãñt THE CITY OF NEW YORK is an employer within the meaning of New
York State Executive Law § 296 and New York City Administrative Code § 8-107.
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Attorney.
10. Defendant TERRY GENSLER, as Deputy Bureau Chief, Narcotics Bureau, Office
14. Defeñdant OMER WICZYK, as Deputy Bureau Chief, Public Iñtegrity Bureau,
16. Defendant BETH ANN HOLZHAY, as Director, Crime Victims Assistance Unit,
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Office, Crime Victims Assistance Unit, Office of the Bronx District Attorney.
18. Defendant BRIAN WAREHAM, as Advocate, Crime Victims Unit, Office of the
PR_OCEDURAL HISTORY
19. Plaintiff alleges that on or about December 2018, she filed a Notice of Claim with
BACKGROUND
20. Plaintiff alleges on or about August 6, 2007, she was appointed to the Office of the
21. Plaintiff alleges former District Attorney Robert T. Johnson served in the Office of
22. Plaintiff alleges on or about January 1, 2016, District Attorney Darcel D. Clark
23. Plaintiff alleges since August 6, 2007, the Office of the Bronx District Attorney is
rife with employees engaging in utter incompeteñce, serious misconduct and unethical practices that
defeñdants'
effect the public safety and the constitutional rights of corspic.ir.ãñts and that are
24. Plaintiff alleges since August 6, 2007, the Office of the Bronx District Attorney and
its prosecutors intendorally fail to disclose pertinent information to defense counsel to the detriment
25. Plaintiff alleges since August 6, 2007, the Office of the Bronx District Attorney
and its prosecutors intentionally fail to properly, collect and secure evidence to the detriment of
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26. Plaintiff alleges since August 6, 2007, the Office of the Bronx District Attorney .
and its prosecutors intentionally routinely file Certificates of Readiness with the Criminal and
Supreme Courts although not ready for trial to the detriment of the accused African-American
27. Plaintiff alleges the dilatory tactics of the Office of the Bronx District Attorney
and its prosecutors are intentionally used to ensure the accused African-American and Hispanic
defendants'
criminal plea to crimes the office could not otherwise prosecute due to the serious
28. Plaintiff alleges since August 6, 2007, the Office of Bronx District Attorney, its
prosecutors and other employees routinely shop, consume alcohol in the office, engage in sexual
activities in the office and other improper activities instead of investigating and prosecuting
29. Plaintiff alleges since August 6, 2007, the Office of the Bronx District Attorney
shop"
and its prosecutors routinely "judge meaning bring questionable legal documents such as
search warrants to be endorsed by the Court. For example, Plaintiff alleges she would routinely
be sent to obtain a subpoena in Supreme Court although there was no matter peñdiñg before that
Court.
30. Plaintiff alleges that in 2013 or 2014, the Office of the Bronx District Attorney
and its prosecutors intentionaUy covered up the mishandling of 450-500 child abuse cases
assigñed for investigation and prosecution from the Office of Children and Family Services
Child Protective Services Intake Report Oral Response Transcript. Internally, these cases were
31. Plaintiff alleges since August 6, 2007, the Office of the Bronx District Attorney
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32. Plaintiff alleges several years ago, she began a personal relationship with NYPD
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Detective David Terrell (African-American Male) of the Precinct.
33. Plaintiff alleges approximately two years ago, Defeñdañt DARCEL D. CLARK
District Attorney David Slott (Caucasian Male) to handle the cases against Pedro 'BigBank
Pablo'
Hernandez and the rest of The Hill Top Crew.
34. Plaintiff alleges on or about August 9, 2017, during the investigation into the
Pablo'
alleged criminal activities of Pedro 'BigBank Hemandez and the rest of The Hill Top
Crew, she was asked to meet with Defendant CARMEN FACCIOLO III (Caucasian Male).
35. Plaintiff alleges that prior to meeting with Defendant CARMEN FACCIOLO III,
she received information from another colleague that the private investigator from the Pedro
Pablo'
'BigBank IIerñandez case, private investigator Manny Gomez have a personal
relationship with an employee Michelle Rayo and has been seen throughout several secure areas
of the office.
Defendants'
36. Plaintiff alleges later she met with JEREMY SOCKETT (Caucasian
37. Plaintiff alleges that they were collectively unaware of crucial evidence collected
Pablo'
against Pedro 'BigBank Hernandez and the rest of The Hill Top Crew.
38. Plaintiff alleges this is consistent with the incompeteñt and unethical practices of
the office.
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39. Plaintiff alleges Defendant TERRY GENSLER with racial arrogance and lack of
did."
respect commented, "you have no idea what youjust
40. Plaintiff alleges Defendant TERRY GENSLER with racial arrogance and lack of
in?"
respect commented, "do you know what kind of shit you are
41. Plaintiff alleges Defendant TERRY GENSLER said to Assistant District Attorney
grave."
Slott, "shit you are buried, all they have to do is put a tombstone on your
Pablo'
Attorney Slott nikliandled the Pedro 'BigBank Hernandez case and related cases of The
43. Plaintiff alleges Defendant DARCEL D. CLARK intentionally used her racially
biased staff to shift the narrative from focusing upon the inconrpetence and unethical practices
Pablo'
that led to a failed prosecution and unprosecuted crimes against Pedro 'BigBank
Hernandez and the rest of The Hill Top Crew to an African-American protagonist, NYPD
Detective Terrell.
44. Plaintiff alleges Defendant DARCEL D. CLARK intentionally used her racially
biased staff to try and intimidate her into publicly vilifying NYPD Detective Terrell with
45. Plaintiff alleges when she re-buffed Defendant DARCEL D. CLARK'S and her
staffs'
racially biased tactics, they began to target her for a baseless criminal investigation.
46. Plaintiff alleges Defendant TERRY GENSLER beaming with racial arrogance
and confidéñce that NYPD Detective Terrell, Sergeant Andrew Uruci, and the 42 whole Precinct
47. Plaintiff alleges Defendant TERRY GENSLER said, "David Terrell is a fucking
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crooked cop and that is typical because he's Black and Sergeant Uruci is a moron for not
Terrell."
controlling
48. Plaintiff alleges that is not the first time she has heard Defendant TERRY
GENSLER and other members of Defêñdañt DARCEL D. CLARK referring to persons of color
in a negative light.
49. Plaintiff alleges Defendant TERRY GENSLER became very upset, called
someone on the phone and started to explain that she does not know why she is still dealing with
Detective Terrell, Sergeant Uruci and the 42 Precinct when they are being investigative by us.
50. Plaintiff alleges Defendant TERRY GENSLER disconnected the call and the
Pablo'
conversation shifts to Pedro 'BigBank Hernandez's private investigator Manny Gomez.
prior to Manny Gomez's termination from the NYPD she caught him stealing time and informed
52. Plaintiff alleges Defendant CHRISTINA SCACCIA explained during the Pedro
Pablo'
'BigBank Hernandez case, she personally observed private investigator Maññy Gomez
several times in the Complaint Room to gather information about criminal cases and had
trying
to be escorted out.
53. Plaintiff alleges she then disclosed a colleague told her, private investigator
Manny Gomez not only have been to several secure locations in the office but, an cmployee
54. Plaintiff alleges Defendant TERRY GENSLER with racial arrogance and lack of
mole."
55. Plaintiff alleges Defendant TERRY GENSLER said, "we fucking have a
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56. Plaintiff alleges a short time later, Def=¾t CARMEN FACCIOLO III
accompanied by Defeñdant FRANK CHIARA (Caucasiañ Male) told her she ñeeded a lawyer
401
and they escorted her to the Floor Confereñce Room.
Defeñdañts'
57. Plaintiff alleges CARMEN FACCIOLO III; FRANK CHIARA and
TERRENCE MULDERRIG (Caucasian Male) with racial arrogance and lack of respect then
proceeded to question her about the relatiomMp between the employee who told her about
Manny Gomez's relationship with Michelle Rayo and private investigator Manny Gomez.
58. Plaintiff alleges that other than the brief conversation she had with that colleague,
59. Plaintiff alleges Defeñdãñt FRANK CHIARA admitted several times, he observed
private investigator Manny Gomez in several secured areas of the office and escorted him out.
60. Phintiff alleges after intense questioning, she disclosed the name of the employee
who told her about the relationship between employee Michelle Rayo and private investigator
Manny Gomez.
61. Plaintiff alleges on or about August 10, 2017, she complained to her supervisor
for failing to cooperate with a basê1ess racially charged criminal investigation agaiñst NYPD
Detective Terrell.
62. Plaintiff alleges that Ms. Brown-Paulino said, "this is how the White Bureau
color."
Chiefs treat employees of
63. Plaintiff alleges that upon infhrmation and belief, Ms. Brown-Paulino did not file
a corñplaiñt on her behalf alleging race discrirñiñation and related claims because she was afraid
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III with racial arrogance and lack of respect ordered her to meet with Defeadar.t WANDA
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enforcement practices of officers assigned to the Precinct.
65. Plaintiff alleges shortly thereafter, Defendant CARMEN FACCIOLO III with
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racial arrogañce and lack of respect escorted her to the Floor Bureau Chief's Office.
Defendants'
66. Plaintiff alleges as she entered, WANDA PEREZ-MALDONADO
(Caucasian Defeñdâñts'
and OMER WIZYK Male) along with one other lawyer and
TERRENCE MULDERRIG (Cannadan Male) and FRANK CHIARA with racial arrogañcc and
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lack of respect began questioning her about relationsMps with officers assigned to the
Precinct.
Pablo'
had a personal relationship with Pedro 'BigBank Hernãüdez and The Hill Top Crew.
68. Plaintiff alleges the intense questioning quickly shifted to her personal
relationship with NYPD Detective Terrell but, she ignored the questions related her personal life.
69. Plaintiff alleges on or about August 28, 2017, Defendant CARMEN FACCIOLO
III with racial arrogance and lack of respect ordered her to meet with Defêñdañt WANDA
PEREZ-MALDONADO.
Defendants'
70. Plaintiff alleges a short time later, she met with WANDA PEREZ-
office.
71. Plaintiff alleges shortly thereafter,. she noticed a notepad with her name written on
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problem."
arrogance and lack of respect told her, "we have a
arrogance and lack of respect told her, she lied and needs a lawyer.
74. Plaintiff alleges on or about August 30, 2017, Defendant WANDA PEREZ-
MALDONADO with racial arrogance and lack of respect asked her if any employees knew
her that effective immediately, she is being suspended with pay pending the outcome of the
criminal investigation.
folding to baseless allegations of police misconduct publicly promoted through the media about
Pablo'
NYPD Detective Terrell, she dim-i ed the case against Pedro 'BigBank Hernandez.
77. Plaintiff alleges in an elaborate ruse to perpetuate a fraud upon the public to cover
up the incompetence, serious misconduct and unethical practices of the Office of the Bronx
'falsely'
District Attorney, Defendant DARCEL D. CLARK claimed through the media to have
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started an investigation into the law enforcement practices of the Precinct.
a fraud upon the public to cover up the incompc:cñce, serious misconduct and unethical practices
'falsely'
of the Office of the Bronx District Attorney, Defeñdant DARCEL D. CLARK,
published a press release on Defeñdañt THE CITY OF NEW YORK'S Host Server, ciredating it
through the media claiming her Public Integrity Bureau "delved into the allegations surrounding
Pablo' case."
the Pedro 'BigBank Hernandez
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Defendañt'
79. Plaintiff alleges on or about January 19, 2018, DARCEL D. CLARK
charged her with misconduct related to her personal relationship with NYPD Detective Terrell
80. Plaintiff alleges on or about January 22, 2018, Defendant DARCEL D. CLARK
81. Plaintiff alleges on or about February 23, 2018, Defendant DARCEL D. CLARK
up."
sent two detective investigators to her former mother in law's home threatening to "pick her
82. Plaintiff alleges later that day, the same two detective investigators served her
with administrative charges related to her personal relationship with NYPD Detective Terrell.
Defendants'
83. Plaintiff alleges THE CITY OF NEW YORK; DARCEL D. CLARK;
WICZYK and ARTHUR B. SIMMONS with racial arrogance and lack of respect retaliated against
her for exercising her First Amêñdment right of freedom of association with NYPD Detective
Terrell; for re-buffing the incompetence, serious misconduct and unethical practices of the Office
of the Bronx District Attorney and for failing to cooperate with a baseless racially charged
Defendants'
84. Plaintiff alleges that on or about February 26, 2018, THE CITY OF
NEW YORK; DARCEL D. CLARK and ARTHUR B. SIMMONS forced her to attend an
Informal Conference regarding the charges of misconduct related to her personal relationship
85. Plaintiff alleges that during the racially charged Informal Conference, she
Defendants'
ec-mplaiñéd about THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA
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subjecting her to race discrimination due to her personal relationship with NYPD Detective Terrell.
86. Plaintiff alleges that upon information and belief, Defendant ARTHUR B.
SIMMONS did not file a complaint on her behalf alleging race discrimination and related claims
Defêñdañts'
87. Plaintiff alleges that on or about April 3, 2018, THE CITY OF NEW
YORK; DARCEL D. CLARK and ARTHUR B. SIMMONS forced her to attend an Informal
Detective Terrell.
88. Plaintiff alleges that during the racially charged Informal Conference, she
Defendants'
complained about THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA
subjecting her to race discrimination due to her personal relationship with NYPD Detective Terrell.
89. Plaintiff alleges that upon information and belief, Defendant ARTHUR B.
SIMMONS did not file a complaint on her behalf alleging race discrimination and related claims
Defcñdañts'
90. Plaintiff alleges that on or about May 8, 2018, on behalf of THE
WANDA PEREZ-MALDONADO and OMER WICZYK, the IIcaring Officer Nicole Keary
susta½d charges related to her personal with NYPD Detective Terrell DID
relatiar.ship but,
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NOT rule on the validity of any directive against contact with him.
91. Plaintiff alleges that Hearing Officer Keary recommcñded time credited while
under suspension without pay, a demotion via reassignment to duties with reduced access to
sensitive information.
92. Plaintiff alleges that on or about June 4, 2018, she declined the recommendation
Defendants'
and informed THE CITY OF NEW YORK; DARCEL D. CLARK and ARTHUR
B. SIMMONS that "Unfortunately, after review, Ms. Rivera vehemently disagrees with the
findings and reco......¤..dations; therefore, elects to proceed to Step II. In the meantime, Ms.
Rivera expects to be immediately reinstated with all backpay and benefits consistent with Civil
Service Law Section 75 and transferred to another unit pending the outcome of this disciplinary
you."
matter. Thank
Defendants'
93. Plaintiff alleges that shortly thereafter, THE CITY OF NEW YORK;
DARCEL D. CLARK and ARTHUR B. SIMMONS reinstated her with all backpay and benefits
consistent with Civil Service Law Section 75, and but, never schedded her for a Step II IIearing.
Defendants'
94. Plaintiff alleges on or about July 2, 2018, THE CITY OF NEW
YORK; DARCEL D. CLARK and ARTHUR B. SIMMONS transferred her to the Crime
95. Plaintiff alleges the Crime Victims Assistance Unit provides services to Bronx
96. Plaintiff alleges Defendant BRIAN WAREHAM also worked in the Crime Victim
97. Plaintiff alleges from the time she was transferred to Crime Victims Assistance
Bureau, Satellite Office she has been subjected to unwanted sexual harassment and related
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98. Plaintiff alleges from on or about July 16, 2018, Defeñdant BRIAN WAREHAM
began derñañdiñg to know when and where she was eating lunch and would follow her inside
99. Plaintiff alleges from on or about July 16, 2018, Defendant BRIAN WAREHAM
began subjecting her to uñwanted sexually charged commcats about her looks, the shoes she
wears and how he likes the color of her hand and foot polish.
100. Plaintiff alleges that Defeñdañt BRIAN WAREHAM began becoming very
obsessed with her even arguiñg with other males interacting with her on a public street.
101. Plaintiff alleges from on or about July 16, 2018, Defendant BRIAN WAREHAM
began rersaiñing after business hours with her in the office to further harass her.
102. Plaintiff alleges from on or about July 16, 2018, Defeñdant BRIAN WAREHAM
103. Plaintiff alleges from on or about July 16, 2018, Defendant BRIAN WAREHAM
began subjecting her to uñwañted physical coñtact including unsolicited hugs, grabbing her hand,
104. Plaintiff alleges from on or about July 16, 2018, Defendant BRIAN WAREHAM
began repeatedly disrupting her assignmcñts constantly harassing her at her assigned desk.
105. Plaintiff alleges from on or about July 16, 2018, Defendant BRIAN WAREHAM
began demanding that she discuss her personal relationship with NYPD Detective Terrell.
106. Plaintiff alleges that from on or about July 16, 2018, she told Defendant
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107. Plaintiff alleges that from on or about July 16, 2018, Defendant PRISCILLA
TAVERAS blowing her off, told her she would talk to Defendant BRIAN WAREHAM and
108. Plaintiff alleges that upon information and belief, Defendant PRISCILLA
TAVERAS did not file a complaist on her behalf against Defendant BRIAN WAREHAM
public corruption against the Office of the Bronx District Attorney and her personal relationship
109. Plaintiff alleges that on or about August 7, 2018, while in the office Defêñdañt
110. Plaintiff alleges that she immediately warned Defendant BRIAN WAREHAM to
111. Plaintiff alleges on or about August 10, 2018, she informed Defendant
PRISCILLA TAVERAS about Defêñdant BRIAN WAREHAM gettiñg down on his knee before
her, touching her arms and hands, his constant attempts to hug her, and exiting the employee
bathroom with his belt unbuckled, pants opened, shoes off and shirt unbuttoned.
Defendants'
112. Plaintiff alleges PRISCILLA TAVERAS and BETH ANN
113. Plaintiff alleges Defcñdañt PRISCILLA TAVERAS informed her that Defendant
BRIAN WAREHAM was warned about his inappropriate actions towards her.
Defendants'
114. Plaintiff alleges that upon information and belief, PRISCILLA
TAVERAS and BETH ANN HOLZHAY did not file a complaint on her behalf agaiñst
Defendant BRIAN WAREHAM alleging sexual harassment and related claims because of her
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publicly filed complaints alleging public corruption against the Office of the Bronx District
115. Plaintiff alleges Defeñdañt BRIAN WAREHAM continued touching her arms,
116. Plaintiff alleges on or about September 28, 2018, she informed Defendant
PRISCILLA TAVERAS about Defendant BRIAN WAREHAM'S continuing to touch her arms,
117. Plaintiff alleges that upon information and belief, Defendant PRISCILLA
TAVERAS did not file a complaint on her behalf against Defendant BRIAN WAREHAM
alleging sexual harassment and related claims because of her publicly filed cçmplaints alleging
public corruption against the Office of the Bronx District Attorney and her personal relationship
Defendants'
118. Plaintiff alleges on October 1, 2018, she wrote an email to
PRISCILLA TAVERAS and BETH ANN HOLZHAY about Defendant BRIAN WAREHAM
repeatedly touching her arms, legs and buttocks and his constant interference with her work
assignments.
120. Plaintiff alleges she called Defendant ARTHUR B. SIMMONS to report the
121. Plaintiff alleges on or about October 2, 2018, she met with Ms. Cicely Harris, the
Defendants'
offensive conduct and the failure of PRISCILLA TAVERAS and BETH ANN
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COUNT I
RACE DISCRIMINATION
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
122. Plaintiff re-alleges Paragraphs 1 through 121 and incorporates them by reference
123. Plaintiff alleges that New York State Executive Law § 296 et seq., makes it
Defendants'
124. Plaintiff alleges that THE CITY OF NEW YORK; DARCEL D.
125. Plaintiff alleges that as a direct and proximate result of the unlawful employmcat
Defendants'
practices of THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA
ARTHUR B. SIMMONS; BETH ANN HOLZHAY and PRISCILLA TAVERAS, she suffered
Defendants'
126. Plaintiff alleges that THE CITY OF NEW YORK; DARCEL D.
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TAVERAS'S violations caused her to incur significant legal costs, emotional distress, damage to
COUNT II
GENDER DISCRIMINATION
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
127. Plaintiff re-alleges paragraphs 1 through 126 and incorporates them by reference
128. New York State Executive Law § 296 et seq., makes it unlawful to discrimiñate
against any individual in the terms, conditions, or privileges of employmeñt on the basis of
gender.
Defendañts'
129. Based upon the foregoing, THE CITY OF NEW YORK; DARCEL D.
and BRIAN WAREHAM discriminated agaiñst the plaintiff based upon her gender.
Defendants'
THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA SCACCIA;
plaintiff has suffered the indignity of sexual harassment and great humiliation.
Defeñdañts'
131. As a result of THE CITY OF NEW YORK; DARCEL D. CLARK;
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BRIAN WAREHAM'S violations caused her to incur significant legal costs, emotional distress,
COUNT HI
RETALIATION
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
132. Plaintiff re-alleges paragraphs 1 through 131 and incorporates them by reference
133. New York State Executive Law § 296 et seq., makes it unlawful to discriminate
against any individual in the terms, conditions3 or privileges of employment based on race and
gêñder. The law also makes it unlawful to create an atmosphere where retaliation is encouraged
and/or tolerated.
Defendants'
134. Based upon the foregoing, THE CITY OF NEW YORK; DARCEL D.
and BRIAN WAREHAM'S unlawfully retaliated against plaintiff for compheg about the
Defendants'
135. As a result of THE CITY OF NEW YORK; DARCEL D. CLARK;
BRIAN WAREHAM'S retaliation, violations caused her to incur significant legal costs,
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COUNT IV
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
136. Plaintiff re-alleges paragraphs 1 through 135 and incorporates them reference
by
137. New York State Executive Law § 296 et seq., makes it unlawful to discriminate
against any individual in the terms, conditions, or privileges of employment based on race and
gender. The law also makes it unlavdel to create a severe and hostile environment where race
Defeñdants'
THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA SCACCIA;
plaintiff has suffered the indignity of race and gender discrimination and great humiliation.
Defendants'
139. As a result of THE CITY OF NEW YORK; DARCEL D. CLARK;
BRIAN WAREHAM creating a hostile work environment, their violations caused her to incur
significant legal costs, emotional distress, damage to her personal and professional reputation.
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COUNT V
RACE DISCRIMINATION
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
141. Plaintiff alleges that New York City Administrative Code § 8-107, makes it
Defendants'
142. Plaintiff alleges that THE CITY OF NEW YORK; DARCEL D.
143. Plaintiff alleges that as a direct and proximate result of the unlawful employment
Defendants'
practices of THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA
WAREHAM, she suffered the indignity of race discrimination and great humiliation.
Defendants'
144. Plaintiff alleges THE CITY OF NEW YORK; DARCEL D. CLARK;
BRIAN WAREHAM'S violations caused her to incur significant legal costs, emotional distress,
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COUNT VI
GENDER DISCRIMINATION
IN VIOLATION OF
NEW YORK CITY ADMINSTRATIVE CODE § 8-107
145. Plaintiff re-alleges paragraphs 1 through 144 and incorporates them by reference
146. New York City Administrative Code § 8-107, makes it unlawful to discrimiñate
against any individual in the terms, conditions, or privileges of employment on the basis of
gender.
Defendants'
147. Based upon the foregoing, THE CITY OF NEW YORK; DARCEL D.
and BRIAN WAREHAM discriminated agaimt the plaintiff based upon her gender.
Defeñdañts'
THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA SCACCIA;
plaintiff has suffered the indignity of gender discrimiñâtion and great humiliation.
Defendants'
149. Plaintiff alleges THE CITY OF NEW YORK; DARCEL D. CLARK;
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BRIAN WAREHAM'S violations caused her to incur significant legal costs, emotional distress,
COUNT VH
RETALIATION
IN VIOLATION OF
NEW YORK CITY ADMINSTRATIVE CODE § 8-107
150. Plaintiff re-alleges paragraphs 1 through 149 and incorporates them by refcrcñce
151. New York City Administrative Code § 8-107, makes it unlawful to discrimiñate
agaiñst any individual in the terms, conditions, or privileges of employment based on race and
gender. The law also makes it unlawful to create an atmosphere where retaliation is encouraged
and/or tolerated.
Defêñdants'
152. Based upon the foregoing, THE CITY OF NEW YORK; DARCEL D.
and BRIAN WAREHAM üñlavefully retaliated against plaintiff for complaining about the
Def-aants'
153. As a result of THE CITY OF NEW YORK; DARCEL D. CLARK;
BRIAN WAREHAM'S retaliation, violations caused her to incur significant legal costs,
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COUNT VIH
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
154. Plaintiff re-alleges paragraphs 1 through 153 and incorporates them by reference
155. New York City Administrative Code § 8-107, makes it unlawful to discriminate
against any individual in the terms, cónditions or privileges of employment based on race and
gender. The law also makes it unlawful to create a severe and hostile enviroñment where race
Defendants'
THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA SCACCIA;
plaintiff has suffered the of race and gender discrimination and great humiliation.
indignity
Defendants'
157. As a result of THE CITY OF NEW YORK; DARCEL D. CLARK;
BRIAN WAREHAM creating a hostile work environment, their violations caused her to incur
significant legal costs, emotional distress, damage to her personal and profaacinnal reputation.
JURY TRIAL
158. Plaintiff demands a trial by jury of all issues in this action that are so triable.
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Defeñdañts'
THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA SCACCIA;
SIMMONS; BETH ANN HOLZHAY; PRISCILLA TAVERAS and BRIAN WAREHAM, plus
any and all available statutory remedies, both legal and equitable, interests and costs.
Respec ly submitted,
By:
Eric Sanders
Website: http://www.thesandersfirmpc.com
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ATTORNEY VERIFICATION
I am an attorney at law admitted to practice in the Courts of the State of New York, and I
am the attorney for the plaintiff in the within action, and as such, am familiar with all the facts
That the foregoing Verified Complaint is true to the knowledge of affirmant, except as to
those matters therein stated to be alleged upon information and belief, and that as to those
Affirmant further states that the reason that this verification is made by affirmant and not
plaintiff is that plaintiff is not witbin the of New York, where affirmant ñiaintains his
by county
office.
Affirmant further states, that the sources of his knowledge and information are reports of
investigations, conversations, writings memoranda and other data concerning the siteject matter
of the litigation.
The undersigñed attorney affirms that the foregoing statements are true, under the
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Respec submitted,
By: _
Eric Sanders
Website: httttp://www.thesandersfirmpc.com
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CRYSTAL RIVERA
Plaintiff,
- against -
THE CITY OF NEW YORK; DARCEL D. CLARK, as District Attorney, Office of the Bronx
District Attorney; CHRISTINA SCACCIA, as Bureau Chief, Homicide, Office of the Bronx
District Attorney; CARMEN FACCIOLO III, as Deputy Division Chief, Strategic Enforcement
and Intergovernmcatal Relations, Office of the Bronx District Attorney; JEREMY SOCKETT,
as Executive Assistant District Attorney, Office of the Bronx District Attorney TERRY
GENSLER, as Deputy Bureau Chief, Narcotics Bureau, Office of the Bronx District Attorney;
FRANK CHIARA, as Chief of Detective Investigators, Office of the Bronx District Attorney;
TERRENCE MULDERRIG, as Deputy Chief Rackets Investigator, Office of the Bronx District
Director, Crime Victims Assistance Unit, Office of the Bronx District Attorney; PRISCILLA
TAVERAS, as Supervising Coordinator of the Satellite Office, Crime Victims Assistance Unit,
Office of the Bronx District Attorney and BRIAN WAREHAM, as Advocate, Crime Victims
Unit, Office of the Bronx District Attorney, each sued individually and in their official capacities
as employees of Defendant THE CITY OF NEW YORK
Defendants'
Website: http://www.thesandersfirmuc.com
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