RPD Sued For Failure To Provide Victims With Domestic Violence Incident Reports

FILED: MONROE COUNTY CLERK 10/11/2019 02:28 PM INDEX NO.
E2019009617
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/11/2019
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2237809
Book Page CIVIL
Return To: No. Pages: 19

KRISTEN HEATHER PORPORA
Instrument: MISCELLANEOUS DOCUMENT
Control #: 201910110786
Index #: E2019009617
Date: 10/11/2019
DS, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS Time: 3:13:00 PM

SIMILARLY SITUATED,
CITY OF ROCHESTER
CITY OF ROCHESTER POLICE DEPARTMENT
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE

WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
ADAM J BELLO
MONROE COUNTY CLERK
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STATE OF NEW YORK

SUPREME COURT COUNTY OF MONROE
DS, and on behalf of all others similady situated, Oral Argument Requested
individually
Petitioner-Plaintiff, VERIFIED PETITION AND

- v - CLASS ACTION
COMPLAINT
CITY OF ROCHESTER and CITY OF ROCHESTER
POLICE DEPARTMENT,
Index No.
Respondents-Defendants. Filed:
PlaintifE DSi, by and through her attorney, the Legal Aid Society of Rochester, NY,
Kristen Porpora, of counsel, as and for her Complaint against the Respondents-Defendsets
herein, alleges as follows:
INTRODUCTORY STATEMENT
1) This action is brGught pursuant to CPLR § 3001 and CPLR Article 78 seeking to
compel the Respeñdêñt-Defendant, City of Rochester Police Department (hereinafter "RPD"), to
comply with Executive Law § 837, and other provisions of the Executive Law, Criminal
Procedure Law and Family Court Act, that require police officers investigating incidents of
domestic violence to complete, at the scene, the statutorily required "domestic violence incident
form" provide"
report (hereinafter "DIR") and to "immediately a copy to the victim.
"Petitioner"
2) Petitioner-Plaintiff DS (hereinafter or DS) brings this class action on
behalf of herself and on behalf of a proposed class comprised of "all victims of domestic
violence in the City of Rochester in the period from January 1, 2019 to the present, for whom
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of Rochester police failed to provide a copy of the Domestic Violence Iñcideñt Report at the
City
scene after responding to a domestic violence call".
3) Petitioner seeks an Order pursuant to CPLR § 7803 and § 7806 compelling the
RPD to immediately issue the DIR, as required by law, that DS has been unable to obtain thus
far, in spite of multiple attempts. DS also asks this Court to compel the Respoñdeñts to comply
with their statutory duties to provide DIR's at the scene of the incideñt to other victims of crime
and notify victims of domestic violence in the City of Rochester of their legal rights.
4) Petitioner further seeks a Declaration pursuant to CPLR § 3001 that the RPD
practice of to issue the med DIR at the time of to the domestic violence
failing tery responding
incident is illegal and that the laws of the State of New York require that the DIR be provided to
a victim immediately and at no cost.
5) Petitioner further seeks a Declaration pursuant to CPLR § 3001 that the RPD
practice of failing to provide complete unredacted copies of the DIR to victims upon demed for
such reports is illegal and that the laws of the State of New York require that complete reports be
furnished.
6) Finally, Petitioner asks the Court to certify a class of plaintiffs pursuant to CPLR
Article 9 and issue an Order directing RPD to immediately provide a copy of any DIR within the
period of time from January 1, 2019 to the present to any member of the certified class upon
request and without any additional cost or admi=ª=+rative burden to the class member.
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PARTIES
7) At all times relevant herein, Plaintiff, DS, was and is a resident of the City of
Rochester, County of Monroe, State of New York, and was a victim of domestic violence. This
action is brought on behalf of DS individually, and on behalf of each and all other percens
similarly situated who are victims of domestic violence crimes that are reported to and
investigated by the RPD.
8) At all times relevant herein, Defendant City of Rochester was and is a duly
incorporated municipality existing under and by virtue of the laws of the State of New York.
At all times relevant Dand==+ RPD was and is an agency of the of

9) herein, City
Rochester, existing under and by virtue of the laws of the State of New York and the Charter of
the City of Rochester.
FACTUAL ALLEGATIONS OF THE NAMED PLAINTIFF
10) On or about June 11, 2019 and the early hours of June 12, 2019, the father of
"no-coñtact"
DS's children repeatedly contacted DS in violation of a valid Temporary Order of
Protection (hereinafter "TOP"). In the early hours of June 12, 2019, he came to her home in
violation of said TOP, broke down the door to the apartment, entered the apartment and
forcefully took the cellular telephone from DS when she tried to call 91 l. When he saw that DS
had sent a text message to DS's sister asking her sister to "call 911", he left the residence and
took her cellular telephone with him.
11) Shortly thereafter, RPD officers arrived at the apartment where DS resided and
where DS's sister had requested police assistance.
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12) RPD officers took a statement from DS, and ultimately arrested her children's
father on charges of Burglary, Criminal Contempt in the First Degree and Petit Larceny several
days later.
13) Upon information and belief, the RPD Officers who responded to the call at DS's
number"
apartment did not provide DS with a DIR. Instead, they provided a "report and
instructed DS to come to the RPD headquarters in downtown Rochester in a few days to pick up
a copy of the DIR.
14) This was not the first time that responding RPD officers had not given DS a copy
of the report at the scene - at the time of the June 12 incident, the father of DS's children had
three charges violations of DS's TOP - one prior Criminal Contempt in the
pending involving
First Degree charge and two prior Crimiñal Contempt in the Second Degree charges involving
three separate prior criminal contempt charget Each time that RPD officers respoñded to a call
for help from DS, they failed to provided her with a DIR; rather, the responding officers
provided "report numbers".
15) With respect to the June 12, 2019 incident, the RPD not only failed to provide DS
with a copy of the DIR at the scene, they refused all subsequent requests for a copy of the DIR.
16) Upon information and belief and as set forth in her Affirmation, on June 20, 2019,
DS's attorney, Cynthia J. Carroll of the Legal Aid Society of Rochester, called RPD Victim
Assistance, spoke to the advocate assigned to DS's case (hereinafter the "Advocate") and
reqüêsted that the advocate bring a copy of the DIR to a court appearance in the Integrated
allowed"
Domestic Violence Court the following day. The Advocate stated that she "was not to
give out the report. Attorney Carroll pointed out that, by law, DS should have been given a copy
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of the report at the scene of the incident and was entitled to a copy. The Advocate suggested that
DS come to her office (at RPD headquarters) prior to the court appearance, so that the Advocate
could accompany DS to the front desk to get a report, and then accompany DS to court. The
Advocate called attomey Carroll back the afternoon of June 20, 2019, and told Carroll that she
finished"
had just learned that the report "was not and therefore would not be made available to
DS. Attorney Carroll pointed out that the report should have been finished and provided to DS
on the evening of June 12, 2019. The Advocate stated that she would try to help DS get a copy of
the DIR the following morning.
17) On June 21, 2019 at approximately 9:00 am, when DS attempted to get a copy of
the June 12, 2019 DIR at RPD Headquarters, her request was refused. Instead, DS received a slip
of paper detailing how to make a Freedom of Information Law request to obtain the requested
copy of the DIR. Upon information and belief, this happened approximately two (2) hours after
DS's children's father had been taken into custody relative to the June 12, 2019 incideñt.
18) On June 21 and 24, 2019, Attorney Carroll followed up with the supervisor of
RPD Victim Assistance, and was still unable to help DS secure a copy of the DIR.
19) To date, RPD has never provided DS with a DIR for the June 12, 2019 incident in
spite of all statutory mandates to do so.
20) There are practical reasons that domestic violence victims need an immediate
copy of the DIR. In this case, DS's landlord has repeatedly reqüêsted that DS provide a copy of
the police report, substantiating how the door to the apartment came to be broken, but DS has
been üñable to do so. DS would also need a copy of the DIR to support an application for crime
victim compensation. Further, DS has been unable to ascertain whether or not the responding
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officer accurately reported her statements and other evidence at the scene of the June 2019
12,
crimes, because she has been unable to review the report. DS has been unable to furnish
Further,
a copy of said report to her attorney, despite its relevance to pending offense and
family custody
cases.
FACTUAL ALLEGATIONS COMMON TO THE CLASS
21) Upon information and belief, and as set forth in the accompãñying amrmation of
Stephanie Wolter, Attorney and Supervising Attorñcy of the Family Law Unit at Legal Aid,
Legal Aid represents hundreds of people every year who are the victims of domestic violence in
the City of Rochester.
22) Upon information and belief, based upon data as reported by Willow Domestic
Violence Center ("Willow"), in 2018 5,553 reports of domestic violence were made to law
enforcement agencies within Monroe County, Fifty-Nine Percent (i.e., approximately 3,276) of
which came from the City of Rochester. (This number does not include calls for service that
were not followed a DIR - Willow reports that Monroe 911 had 45,990 calls for
by County
"domestic disputes".)
23) The above-described class of domestic violence victims is so numerous that
joinder of all members, whether otherwise required or permitted, is impracticable.
24) As Ms. Wolter's Amrmation states, with the a=sistsñce of staff attorneys, in the
first week of October 2019, she conducted a case review of open family offense cases and family
offense cases that closed in August and September and she determined that at least forty-
2019,
three (43) clients reported that, despite the fact that RPD officers responded to the scene of at
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least one domestic violence incident involving each client, RPD officers failed to provide the
mindsted copy of the DIR at the scene. Some of these clients reported multiple incidents in
which they did not receive a DIR at the scene. Only seven (7) clients reported actually receiving
a DIR from the RPD at the scene. In other words, during that very limited time period alone there
were at least forty-three (43) victims who were not provided the DIR at the time of the police
response to domestic violence, in a inanner similar to what happened to DS.
25) There are questions of law or fact common to the class which predominate over
any questions affecting only individual members of the proposed class.
26) As elaborated below, New York State laws require police officers in every case
involving allegations of domestic violence to inform the victim of various rights as detailed
provide"
below, and to "immediately the victim with a copy of the DIR.
27) As set further forth in the accompanying Affimations of Carroll, Wolter and
Tumbaga, the RPD has systmatically refused to comply with the mandates of State law, and
routinely does not provide copies of the DIR to victims of domestic violence.
28) The claims of Plaintiff DS are typical of the claims of the class in that DS and the
members of the plaintiff class are all similarly harmed by the same illegal practice of RPD failing
to issue DIRs at the time and scene of the incident as required by statute.
29) The plaintiff will fairly and adequately protect the interests of the class. Because
relief sought by DS entirely aligns with relief to the class, there is no potential conflict of
interest.
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30) A class action is superior to other available methods for the fair and efficient
adjudicatica of the controversy because the members of the proposed plaintiff class are indigent
domestic violence victims with limited access to legal counsel.
STATUTORY FRAMEWORK
31) In 1994, New York State passed the Family Protection and Domestic Violence
Intervention Act (hereinaher "the Act"). The Act, which amended or enacted new sections of,
inter alia, the Executive Law, Criminal Procedure Law and Family Court Act, was iñtêñded to
violence"
be a "comprehensive reform of the statutory treatment of domestic (Senate Introducer's
Mem in Support, Bill Jacket, L 1994, ch 222 at 1). Among the many reforms enacted by the Bill
were the mandatory arrest of perpetrators of de-cNe violence and, as most relevant here,
authorities"
"previdiñg for comprehensive domestic violence notice forms by law enforcement
(id).
32) To that end, a new subdivision 5 was added to Section 140.10 of the Penal Law,
offense"
prGviding that "[u]pon investigating a report of a crime or involving domestic violence,
"a law enforcement officer shall prepare. file, and translate, in accordance with section two
hundred fourteen-b or eight hundred forty of the executive law, a written report of the incident,
on a form promulgated pursuañt to section eight hüñdred thirty-seven of the executive law,
witnesses"
in-4nding statements made by the victim and by any (emphasis supplied). The law
made."
F-==±tes that such form be prepared "whether or not an arrest is
33) Subdivision 15 of Executive Law § 837, in turn, mâñdates that the Division of
Criminal Justice Services (hereinaRer "DCJS")"[p]romulgate, in ceasehson with the
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superintendent of state police and the state office for the prevention of domestic and in
violence,
accordance with paragraph (f) of subdivision three of section eight hundred of this a
forty article,
form'
stâñdardized 'domestic violence incident report for use by state and local law enforcement
agencies in the reporting, recording and investigation of all alleged incidents of domestic
violence."
It also provides that such form "slall be prepared in multiple parts, one o f which
victim"
shall be immediately provided to the (emphasis supplied).
34) DCJS long ago promulgated the required DIR for use by law enforcement
agencies throughout New York State; a copy of the current DIR, with instructions, is attached
"A."
hereto as Exhibit Per the instructions on the first page of said DIR, the responding officer
victim,"
is required "[t]o hand [the] Victim Rights Notice to the and it is mãñdated that the
scene"
"Victim receives all pink copies at the (emphasis supplied).
35) As part of its ongoing mañdate to ensure that police agencies are properly trained
with respect to the proper preparation and dissa=Jnation of the DIR, DCJS in 2005 publichad the
Manual"
"New York State Domestic Incident Report Reference ("Reference Mâñüâl"), a copy of
"B."
which is attached hereto as Exhibit At page 26, the Reference Manual instructs that "The
law requires that officers document whether the victim was given a copy of the DIR
i==ediately, at the scene. If not, the officer must document the reason why the victim was not
copy."
given a Footnote 16 on that page explains the importance of that mañdate:
"There are also many practical reasons why giving a victim a copy of the DIR
immediately is an important protocol, not the least of which is victim safety. Trying to
locate a victim after an incident has occurred may be difficult, and may place the victim,
any associated children, and the officer in danger. Requiring a victim to report to the
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police department to complete a statam-ent or receive the victim's of the DIR form
copy
may place an undue burden on the victim and may also be placing the victim (and
risk."
any associated children) at greater Not giving the victim an immediate of the
cop
DIR also leaves the victim with no documentation of the incident after the officer leaves
scene."
the (emphasis supplied.)
QUESTIONS"
36) In the Reference Manual's "DIR FREQUENTLY ASKED
section, it states as follows:
"10. When do I have to give the victim a copy of the DIR? The law requires
that a copy of the DIR be given to the victim immediately, at the scene. Trying to
follow-p with a victim after an incident has occurred may place the victim and the officer
in danger. It may also be difficult to locate a victim post-incident. Furthermore, requiring
a victim to report to the police department to complete a ste±ement or receive the victim's
copy of the DIR may place an undue burden on the victim and may be placing the victim
risk."
(and any associated children) at greater (emphasis in original).
***
"14. Do police departments that are implementing electronic form technology
have to also complete a hardcopy DIR or is an electronic DIR form sufficient? If a
police department is able to implement an electronic DIR reporting mechanism, that
complics with [sic] statute and provides a victim with an immediate copy at the scene,
DCJS."
then a hardcopy DIR does not have to also be completed or sent to
37) In 2010, the Municipal Police Training Counsel published its amended "MODEL
ENFORCEMENT"
DOMESTIC INCIDENT POLICY FOR LAW ("Model Policy") a copy of
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"C."
which is attach-! hereto as Exhibit The Model Policy instructs at pages 4-5 that: "The
responding on-scene officer shall . . . 11. Complete the NYS Domestic Incident Report Form and
any other reports necessary to fully document the officer's response, whether or not an offense
was committed or an arrest is made. Provide the victim with the victim's copy of the NYS
Domestic Incident Report/Victim Rights Notice Form immediately upon its completion at the
scene"
(emphasis in original).
38) Notably, a Rochester Police Captain was a member of the 2010 "Model Policy
Committee"
Update (see, Model Policy, p. 15).
39) Section 530.11 of the Criminal Procedure Law and section 812 of the Family
Court Act require that "[e]very police officer, peace officer or district attorney investigating a
family offense under this article shall advise the victim of the availability of a shelter or other
services in the cessurdty, and shall immediately give the victim written notice of the legal
rights and remedies available to a victim of a family offense under the relevant provisions of the
law."
criminal procedure law, the court act and the domestic relations As shown in the
family
"A,"
attached Exhibit the DIR is the form used to provide the required notice of legal rights.
rights"
Upon information and one of the "legal referred to in these sections includes the
belief,
right to an immediate copy of the DIR.
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF DS
40) DS repeats and realleges the allegations set forth in paragraphs 1 through 43
above as though fully set forth herein.
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provided"
41) DS was not "immediately with a copy of the DIR by RPD officers upon
the investigation of the complaint of domestic violence. DS was also not given "written notice of
available"
the legal rights and remedies to her. These omissions are to statutory
contrary
mar.±tas in Executive Law § 837(15), Penal Law § 140.10 (5), CPL § 530.11 and Family Ct Act
§ 812. Accordingly, DS asks the Court to issue a mandate compelling the Defendants to comply
with their statutory duty and immediately provide the required DIR without any additional delay,
cost or administrative burden to DS.
AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF DS AND THE
PLAINTIFF CLASS
42) Petitioner repeats and realleges the allegations set forth in paragraphs 1 through
45 above as though fully set forth herein.
43) Upon information and belief, the refusal of RPD officers to provide DS and other
victims of domestic violence with a copy of the DIR and to advise them of the legal rights of
domestic violence victims in writing at the scene of the incident, is a violãtion of New York State
law as set forth above. Accordingly, declaratory relief pursuant to CPLR § 3001 is warranted.
AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF DS AND THE
PLAINTIFF CLASS
44) Petitioner repeats and realleges the allegations set forth in paragraphs 1 through
47 above as though fully set forth herein.
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45) Because RPD has an on-going practice of failing to provide the required DIR to
victims of domestic violence who were subjectei to treatment exemplified DS and the class
by
meets the criteria set forth in CPLR § 901, Petitioner requests that that the Court certify a class of
plaintiffs pursuant to the provisions of CPLR Article 9.
AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF DS AND THE
PLAINTIFF CLASS
Plaintiff repeats and realleges the allegations set forth in paragraphs 1 through 49
46)
above as though fully set forth herein.
47) Pursuant to CPLR 909, the Court has discretion to award attorney's fees in a class
action lawsuit.
48) The actions of Defeñdsñts, as set forth above, constitute clear violations of duties
owed to the victims of domestic violence that have been ongoing, groundless, oppressive and
vexatious.
attorneys'
49) Accordingly, the interest of justice requires that fees be awarded to
Plaintiff's attorneys at the expense of Defendants.
WHEREFORE, Plaintiffs respectfully requests this Court issue a judg--:ent and order to:
A. COMPEL RPD to immediately provide to DS a copy of the required DIR as
mandated by stadate without any additional cost, burden or delay; and
Defendants'
B. DECLARE that failure to immediately provide DS and all other
similarly situated victims of domestic violence with a copy of the DIR and notify
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them of their legal rights at the scene of a domestic incident was and is a violation
of New York State law; and
Defendants'
C. DECLARE that practice of redacting and/or limited access to the
narrative portion of the DIR is a violation of New York State law; and
D. CERTIFY this matter as a Class Action pursuant to Article 9 of the CPLR; and
E. COMPEL Defendants to:
1) Emmediately provide all victims of domestic violence with a copy of the DIR
and notify them of their legal rights at the scene as required by New York
State law; and
2) Provide a copy of the relevant DIR without additieñal cost, burden or delay to
any member of the plaintiff class who so requests upon the issuance of a
decision of the Court;
3) For three (3) years following the issuañce of the Court's Order in this matter,
provide a written quarterly summary to Plaintiff's counsel specifying the
following information:
i. Number of incidents responded to in person by officers of the RPD;
ii. Number of DIR's provided at the scene of the incidents referenced in
E.3.i., above;
iii. A narrative description of any training provided to RPD officers
related to proper use and handling of DIR forms;
iv. A copy of any updated policy or training material describing or
relating to use of the DIR form by employees of the RPD; and
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E. AWARD reasonable attorney's fees, costs and disbursements pursuant to CPLR
909; and
F. GRANT such other and further relief as the Court deems just and proper.
Dated: October 11, 2019 M

Rochester, New York ib-Porpd of oun 1
Legal Aid Society of Rochester, NY

One West Main Street
Rochester, New York 14614
(585) 232-4090
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V E R I F I C A T I O N
STATE OF NEW YORK }

COUNTY OF MONROE } ss.:
DS, being duly sworn, deposes and says that: I am Plaintiff in the within action; I have
read the contents of the foregoing instrument and I am the source of all factual information
contained therein; the same is true to my own knowledge, except as to the matters therein stated
to be alleged on information and belief, and that as to those matters I believe it to be true.
DS
Plaintiff
Sworn to before me this
day f , 20_ .
otary Public
CYNTHIA CARROLL NOLAN

Notary Public, State of New York
Qualified in Monroe County
No. 02NO5063835
Comrnission Exp;res July 29, 20_
23
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1 Plaintiff requests that her be kept confidential in public filings with the Court and in
identity
any public statements by any party. New York's public policy has long recognized that
victims'
disclosure of domestic violence identifying information places them at increased risk of
harm (See Executive Law §108 [establislunent of NY's Statewide Address Confidentiality
Program]; Civil Rights Law § 64-a [sealed and unpublished change of name]; Civil Practice Law
and Rules §2103-a ][confidentiality of address and other information in all civil
proceedings]; Family Court Act §154-b[2][confidentiality in child and spousal support,
paternity, interstate child support, custody/visitation, family offense, and child welfare family
proceediñgs]; Domestic Relations Law §254][confidentiality in matrimonial proceedings];
Domestic Relations Law §76-h [confidentiality in UCCJEA proceedings]; Family Court Act
§580-312 [conñdatianty in UIFSA proceedings]; Insurance Law §2612[c][confidential address
for health iñsurance mailings, ]; Insurance Law §§1109[a], 2612[c], 2612[e], 2612[fj,
2612[g][various confidentiality protections with insurance companies]; Election Law § 5-508
[court orders for of victim's voter registration records]; Election Law

providing confidentiality
§11-306 [vote with special ballot to avoid address disclosure, iñcluding casting special ballot by
mail]; Public Service Law §91[7] and General Business Law §399-yy [domestic violence victims
who have a final order of protection request an unlisted telephone numbar or free of charge
may
for the duration of the order]; Social Services Law §459-g [government benefits programs
prohibited from compelling victim to contact an abuser and required to preserve confidentiality
in third party contacts]; Social Services Law §349-a [Welfare Reform Act protections; Social
Services Law §l 11-v [confidentiality, integrity, and security of information regarding domestic
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violence information in residential services]; 18 NYCRR §452.10 [confidentiality of DV
residential program location and 18 NYCRR §462.9 of DV non-

records]; [confidentiality
residential program records]; 18 NYCRR §357.3[i] [confidentiality and nondisclosure by
domestic violence liaison and other social services staffers]; Court of Appeals Notice on
Confidential and Sensitive Deen.ments ["...filing not subject to confidential treatment might
nevertheless contaiñ sensitive material not appropriate for public view. Information of this type
includes, but is not limited to...other information that would identify a person whose identity
should not be revealed (e.g., a victim of a sex crime or domestic violence)".][available
at: httos://www.nvcourts.cov/ctanos/courtpass/Confidential Sensitive_Documents.html];
Administrative Order of the Chief Administrative Judge of the Courts, Omission or Redaction of
Confidential Personal Information from Matrimoñial Decisions, Order AO/143/16, June 26, 2016
[amending Uniform Rules §202.16[m][1][v] "the court shall redact the following confidential
personal information in issuing written decisions in matrimc,ñial matters subject to this
sectioñ..... the full name of either party where there are allegations of domestic violence...
except the party's initials or the first name of the party with the first initial of the party's last
name; provided that nothing herein shall prevent the court from granting a request to use only the
party's initials or only the word "Anonymous"."] [available at:
httos://www.nycourts.cov/LegacyPDFS/divorce/pdfs/AOl 43-16.pdf]).
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RPD Sued For Failure To Provide Victims With Domestic Violence Incident Reports

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FILED: MONROE COUNTY CLERK 10/11/2019 02:28 PM INDEX NO.

Book Page CIVIL

Return To: No. Pages: 19

DS, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS Time: 3:13:00 PM

Total Fees Paid: $0.00

State of New York

MONROE COUNTY CLERK’S OFFICE

MONROE COUNTY CLERK

STATE OF NEW YORK

Petitioner-Plaintiff, VERIFIED PETITION AND

herein, alleges as follows:

compel the Respeñdêñt-Defendant, City of Rochester Police Department (hereinafter "RPD"), to

scene after responding to a domestic violence call".

a victim immediately and at no cost.

investigated by the RPD.

At all times relevant Dand==+ RPD was and is an agency of the of

the City of Rochester.

FACTUAL ALLEGATIONS OF THE NAMED PLAINTIFF

took her cellular telephone with him.

where DS's sister had requested police assistance.

a copy of the DIR.

provided "report numbers".

the DIR the following morning.

spite of all statutory mandates to do so.

FACTUAL ALLEGATIONS COMMON TO THE CLASS

the City of Rochester.

23) The above-described class of domestic violence victims is so numerous that

joinder of all members, whether otherwise required or permitted, is impracticable.

response to domestic violence, in a inanner similar to what happened to DS.

any questions affecting only individual members of the proposed class.

domestic violence victims with limited access to legal counsel.

Criminal Justice Services (hereinaRer "DCJS")"[p]romulgate, in ceasehson with the

section, it states as follows:

in danger. It may also be difficult to locate a victim post-incident. Furthermore, requiring

"14. Do police departments that are implementing electronic form technology

have to also complete a hardcopy DIR or is an electronic DIR form sufficient? If a

police department is able to implement an electronic DIR reporting mechanism, that

right to an immediate copy of the DIR.

AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF DS

above as though fully set forth herein.

cost or administrative burden to DS.

AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF DS AND THE

45 above as though fully set forth herein.

AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF DS AND THE

47 above as though fully set forth herein.

plaintiffs pursuant to the provisions of CPLR Article 9.

AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF DS AND THE

above as though fully set forth herein.

Plaintiff's attorneys at the expense of Defendants.

A. COMPEL RPD to immediately provide to DS a copy of the required DIR as

mandated by stadate without any additional cost, burden or delay; and

of New York State law; and

E. COMPEL Defendants to:

State law; and

decision of the Court;

provide a written quarterly summary to Plaintiff's counsel specifying the

i. Number of incidents responded to in person by officers of the RPD;

ii. Number of DIR's provided at the scene of the incidents referenced in

iii. A narrative description of any training provided to RPD officers

related to proper use and handling of DIR forms;

iv. A copy of any updated policy or training material describing or

relating to use of the DIR form by employees of the RPD; and

E. AWARD reasonable attorney's fees, costs and disbursements pursuant to CPLR