Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 1 of 15

UNITED STATES DTSTRICT COURT

WESTERN DISTRICT OF NEW YORK

BRIAN

A.

NORFOFD,

Plaintiff,

VERIFIED COMPLAINT

_VS

Civil Case No.

CITY OF

ROCHESTIiR,
ROCHESTER POLICIi DEPARTMENT/
ROCHESTER POLICII OFFICER PATRICK GIANCURSIO,
ROCHESTER POLICI] OEF'ICER WILLIAM WAGNER,
ROCHESTER POLICIi OFF]CER J. VAUGHN,
ROCHESTER POLIC]T OFFICER J. PR]NZI,

and other unnamr:d officers,

Defendants.
PLA]NT]I'F

DEMANI)S

The Plaintrff,
LELAND

A TRIAL BY JURY
BRIAN

A.

NORFORD,

by and through his attorney,

T. WILLIAMS, ESQ., complaining of the Defendants, alleges

as

follows:
INTRODUCTION

1.

Plain:iff,

BRIAN

A.

NORFORD,

at aI1 relevant times to the

events describerl herein has a residence at 110 Dodge Street, APt.

A, City of Roche:ster, the County of Monroe and State of New York.
2.

Upon

|nformation and belief,

defendant City of Rochester,

is and was at al1 relevant times hereinafter mentioned a municipal

corporation }ocated within the County of Monroe and State of New
York.

3.

Upon information and belief, defendant Rochester Police

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Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 2 of 15

Department, is a department within the City of Rochester, which as

mentloned is a municipal corporation located within the County of
Monroe and State
4.

of

New York.

Upon information and belief,

defendant Officer patrick

Giancursio of thre Rochester Police Department, #2320, (hereinafter

"Giancursio"), is a resident of the County of Monroe and State of

New York.

5.

Upon information and belief,

defendant Offlcer William

wagner of the :lochester Police Department, #2334, (hereinafter

"Wagner" ) ,

is a resident of the County of Monroe and State of

New

York.

5.

Upon rnformation and bel-ief, defendant Officer J. Vaughn

of the Rochester Police Department, (hereinafter

"Vaughn"), is
resident of the County of Monroe and State of New york.
1.

Upon -r-nformation and belief , defendant Officer J. Prlnzi

of the Rocheste:r Porice Department, (hereinafter

"prLnzL"), is
resident of the County of Monroe and State of New york.
B.

Upon information

and belief,

other unnamed defendants

from the Roches:-er Police Department were present and responsible,

and will be naned, identified and added as they become known.
JT'RISDICTION

9.

This action is brought pursuant to 42 U. S. C. Sections

1983, 1985 and 19BB and the First, Fourth, Fifth, Eighth and
Fourteenth

Amendments

to the United Constitution.

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Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 3 of 15

10. Jurisdiclion is founded upon 28 U. S. C. Sections 1331

and 1347 (3) and (4) and the aforementioned statutory provisions.
11. plain--iff further invokes the pendant jurisdiction of
this Court to hear and decide claims arising under New York Slate
}aw.

L2. A Notice of Claim, dated April 13, 2016l was timely filed
with the City ol, Rochester and the Rochester Police Department, New
York pursuant to the New York State General Municipal

Law

13. More than thi-rty (30) days have elapsed since the service
of the Notice of Claim and there has been no adjustment of payment.
L4. This ,ection was commenced within one (1)year and ninety
days (90) of the happening of the events herein alleged.
15. No previous lawsuits and/or administrative

relief

have

been pursued.
FACTS

76.

On

the plaintiff

or about February 3, 20L6, at approximately 1:30 p.m.,

w;rs injured by the defendants, at or near 415 Lyell

Avenue, Rochestr:r, New York.

L7.

415 LyelI Avenue is in the City of Rochester,

Monroe

County and State of New York.

18. At

a-Ll relevant

times the defendants,

Wagner, Vaughn, Prrnzi and other unnamed officers

Giancursio,

were acting under

the color of state law within the meaning of U. S. C. S 1983

and

under the guise and scope of their employment as police officers

)

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Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 4 of 15

for defendant, and under the policies,

York State,

the City

customs and usages of

New

of Rochester and the Rochester Police

Department.

Lg. At all relevant times the defendants City of Rochester

and Rochester Police Department are responsible and liable for the
the

omissions and conduct of

acts,

Giancursio,

w;,r

individual

defendants

and other unnamed of f icers

gner, vaughn, Prrnzi

toward the pJ-ai:Ltiff, and for the injuries,

loss, costs and

damages

suffered.
20. At the above referenced date and time, the individual
defendants Giarrcursio, wagner, vaughn, Prrnzr and other unnamed
officers were ur:iformed officers of the Rochester Police Department
and operating separate marked Rochester Police Department patrol
2L.

On

the plaintiff

or about Thursday, EebruarY 3, 2016 at about 1:20

\^'aS walking

across LyeII Avenue, &t or near Murray

Street in the City of Rochester.

patrol

A Rochester Police Department

cars pul led over and the officer

looking to stop and question plaintiff.

plaintiff

P.m,

exited it,

apparently

As police inquiry began,

ran -:rom and was chased on foot and by patrol

car by

uniformed Roche:;ter Police Off icers.

22. plaini-iff ran to an area outside a commercial location
knew had video surveillance.

At that location,

stopped runnin,g and raised his

_A_

hands

he

he deliberately

Plaintiff

was then

Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 5 of 15

intentionally and purposefully struck by a RPD patrol car I which

was driven onto the sidewalk off of Lyelt Avenue in order to strike
him

down.

23. Plain-,lff was knocked to the ground (sidewalk) by the

Rochester Police, Department patrol car.
24. Numerc,us additional
25. While still
patrol car,
plaintiff
officer
Plaintiff

RPD

officers

arrived at the scene.

on the ground due to being struck by the

attacked Plaintiff.

officers brutally

RPD

They punched

in the head at least three times, and one uniformed

knelt on his head, grinding his face in the concrete.
was also pepper sprayed, without

justification

or

provocation.
26. Other officers

and supervising officers

present at the

scene did nothing to stop this assault, use of excessive force and

physical brutal

Lcy.

21. As a direct consequence of this assault, the plaintiff

suffered cuts, lacerations, bruises, swelling and pain over his
entire body. He also sustained swel1ing, pain and bleeding from
to the nature and extent of his lnjuries,
he was transpor:ed by the Rochester Police Department to Rochester

his head and face.

Due

general Hospita-L
28.

Beyonci

this initial

emergency procedure,

the plaintiff

has had follow up treatment for complications related t-o this

inj ury .
r

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Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 6 of 15

29.

In adctition to the injuries

suffered above, the plalntiff

has suffered permanent disfigurement, scarring, embarrassment and

humiliation, an,J was subjected to criminal arlest, incarceration
and prosecution related to these circumstances.

30. At al,L times during the events described each of the

individual defendant officers, Giancursio, Waqner, Vaughn, Prrnzr
and other unndlrrld of ficers acted jointly'

31. At a-l times during the events described each of the

individual defet]dant officers, Giancursio, Wagner, Vaughn, Pr)-nzr
and other unnamed officers

failed to intervene to stop or prevent

used against the

the excessive use of force and physical brutality

plaintiff.

32. At alL time during the events described each of the

individual defendant officers, Giancursio, Wagner, Vaughn, Prrnzr
and other unnam::d officers

that

knew from their

training

excessive force and physical brutality

n I r r nl
Irrqrrl

and experience

was used on this

r i-t

33. Each of these defendants, Giancursi-o, Wagner, Vaughn,

despite this training,
prinzi
and o1 her unnamed officers,
experience and governing departmental regulations, intentionally
engaged in this conduct of excessive force and physical brutality
to willfutly

and maliciously beat this plaintiff.

34. The 1:Iaintiff

was arrested and charged with criminal

offenses includi-ng Criminal Possession of a Weapon, booked into the

Monroe County Jail and detained for prosecution in Rochester City
Court.

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Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 7 of 15

FIRST CAUSE OF ACTTON:

BATTERY

For the purpose of this cause of action, the plaintiff

incorporates by reference each and every of the previous
35.

paragraphs.

36. The action of the

with

who struck plaintlff

officer

RPD

his patrol car was far beyond the reasonable use of force, and the
vehicle was operated in an offensive manner and intended to cause
and constituted a battery upon the

harm and injury to the plaintiff

^ta.int;f
lrrq!rrurr!.

of each of the defendants, Giancursio,

31. The actions

and other unnamed officers

Wagner, Vaughn, Prinzi

kicking,

the plaintiff

punching and striking

by hitting,

with their

hands,

wlth an aerosol mace and/or pepper

knees and spraying the plaintiff

spray was conducted in an offensive manner and intended to cause

harm and injury to the plaintiff

constituting

a second battery upon

the plaintiff.
38. As a direct

and proximate result

suffered harm, pain,

plaintiff

injury,

emotional dist,:ess and humiliation.

contends the

of the battery,

mental anguish,

In addition,

the

shame,

the plaintiff

ntended conduct of each of the defendants

was

malicious and vrndictive.

SECOND CAUSE OE

39.

ACTION: ASSAULT

For tre purpose of this cause of action, the plaintiff

incorporates

by reference

each and every of

paragraphs.

-1-

the

previous

Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 8 of 15

40. The actions of each of the defendants Giancursio, Wagner,

Vaughn, PrLnzr, and other unnamed officers
overt actions and gestures, intentionally

through their

words,

placed the plaintiff

in

fear of imminen-- harmful, offensive contact and injury from each of

the defendants.
4L. As a Cirect and proximate result

of the assault,

plaintiff

suffe-i:ed fear, mental anguish and emotional distress.

additlon,

the plaintiff

the

In

contends the intended conduct of each of

the defendants ivas malicious and vindictive.

THIRD CAUSE OF ACTION: FAISE ARREST AIIID IMPRTSONMENT

42. For the purpose of this cause of action, the plaintiff

incorporates by reference each and every of the previous paragraphs

43. The a.ctions of each of the defendants, Giancursio,

Wagner, Vaughn, Pr:-nz:- and other unnamed officers by threatening,

assaulting,

be

ating,

arresting the plaintiff

seizing,

handcuffing, transporting

and

were intended to confine the plaintiff.

44. Upon the arrest and seizure of the plaintlff

was
ul-timately transported and confined in the Monroe County Jall. The
plaintiff was a,,,^/are of and did not consent to this confinement
45

The .rrrest

and detention

of

the olaintif f

bv

the

defendants was unlawful and without probable cause.

46. The pl-aintiff

did not consent to his arrest,

seizure or

confinement.

41. The arrest, selzure and confinement of the plaintiff

was

unlawful, witho'lt probable cause and not otherwise privileged or

; ustified.
-B-

Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 9 of 15

48. As a direct and proximate result of the false arrest and

by the defendants, Giancursio,
imprisonment of the plaintiff
has
wagner, Vaughn, Prrnzi and other unnamed officers the plaintiff
suffered lmprisonment/ personal iniuries, paln and suffering, legal
j-on,
expenses, menta,r anguish, shame, harm to reputation, humiliat
contends
ridicule, and embarrassment. In addition, the plaintiff

the intended cc,nduct of each of the defendants was malicious

and

vindictive.
FoURTHcAuSEoFAcTIoN:t'tAIICIoUsPRosEcuTIoN

For the purpose of this cause of action, the plaintiff

incorporates h Y reference each and every of the previous
49.

paragraphs.

50. Each of the defendants, Giancursio, wagner, vaughn,

pr-.nzi and other unnamed officers seized, detained, arrested and
prosecuted the plaintiff without probable cause for the crime of
Criminal Possession of a Weapon in Rochester City Court and before

the Monroe

Counl-Y Grand JurY.

51. The actions of each of the defendants, Giancursio,

wagner, Vaughn, PTtnzi and other unnamed officers in initiating
these criminat :rosecutions was maliciously intended to injure and
harm the plaint--ff

the malicious Prosecutions of the

suffered injuries to reputation, tegal expenses/ mental
plaintiff
anguish, shame, emotional distress, humiliation, ridicule, and
52. As a result

of

embarrassment.

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Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 10 of 15

FIFTHcAusEoFAcTIoN:INTENTToNAIINFLICTIoNoFEMoTIoNAIDISTPESS

53.EorthepurposeofthisCauseofaction,theplaintiff
incorporates b y reference each and every of the

previous

paragraphs.

54. The outrageous actions

of

each of

the defendants,

Giancursio, wagrrer, vaughn, Pr1nzi and other unnamed officers by

threatening, ar,,;saulting, beating, falsely detaining, seizing,
and prosecuting

arresting

the

plaintiff

collectively

and

i-ndividually cor,stitutes extreme and outrageous conduct that should

be tolerated in a civilized

society'

55. The ()utrageous actions of the defendants, Giancursio'

wagner, Vaughn, Prtnzi and other unnamed officers were intended to
cause, and was in utter

disregarded of the severe emotional

distress such actions caused to the plaintiff'

55. As a result of the outrageous conduct of each of the
In
suffered extreme emotional distress'
defendants, t.he plaintiff
addition,

the plaintiff

the defendants

r,vas

contends the intended conduct of each of

malicious and vindictive'

IiIXTH CAUSE OF ACTION: CIVIL RIGHTS

5.T.FortrepurposeofthisCauseofaction,theplaintiff
incorporates by reference each and every of the

previous

paragraphs.

f contends the above acts of false arrest

imprisonment, sssault and battery, malicious prosecution
intentional infliction of emotional dlstress collectively
58.

The P.-aintif

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and
and
and

Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 11 of 15

cc,mmitted by each of the defendants, Giancursio,

individually

Wagner, Vaughn, Prtnz:_ and other unnamed officers

Amendment

Fourth, Fifth,

of plalntiff's

violations

Eighth and Eourteenth

Rights as guaranteed by the United States Constitution'

contends, the actions

of the

Wagner, Vaughn, Prinzt and other

unnamed

further

59. The p,laintiff

defendants Gian:ursio,

in dc,taining, seizing and arresting

officers,

constitute

without probabl) cause; in subjecting the plaintiff

the plaintiff

was

to unreasonable

search and sei zvre, and by the use of excessive force in the course

of said arrest,

and during the subsequent detention was also in

of 1:he plalntif

violation

under the United States

f 's rights

Constitution.
60. These actions of the defendants Giancursio,
Vaughn, Pr:'nzi eind other unnamed officers

ptaintiff's

corstitutional

were in violation

Wagner,

of the

rights pursuant to 42 U.S.C. SS 1981,

1983, 1985 and 1988, and were performed under the color of state
law by each of the defendants as members of the Rochester Police
Department.

61. As a direct and proximate result of the aforementioned

acts and their rjeliberate indifference
the plaintiff
injury,

of each of the defendants,

s;uffered inhumane physical abuse, pain, physical

permanent disfigurement, loss of freedom, expenses, mental

anguish, shame, emotional distress,

humiliation,

ridicule,

damage

to reputation and embarrassment.

62. The plaintiff

makes claim for recovery of attorney's

and expenses incurred pursuant to 42 U.S.C. S 19BB'

- 11-

fees

Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 12 of 15

SE\IENTH CAUSE OF ACTION: CML RIGHTS ACTION

AGAINST CITY OE' ROCHESTER

63. For tre purpose of this cause of action, the plaintiff

incorporates

by reference

each and every of

previous

the

paragraphs.

64. Prior

to

the events described above, the City

Rochester deve]oped and maintained policies

deliberate indiiference

or customs exhibiting

to the constitutional

Rochester, whlch caused the violation

of

rights of persons in

of the plaintiff's

rights.

55. ft was the policy and/or custom of the City of Rochester

to inadequately and improperly investigate citizens

complaints of

police miscondu:t, and acts of misconduct were lnstead tolerated by

the City of Roch.ester.

66. rt was the policy and/or custom of the city of Rochester

to inadequately supervise and train its police officers,
the individual {ief.r.O-rra", thereby failing
further

constit.utional

officers.

The City

in-service

trai ling or re-training

viorations

including

to adequately discourage

on the part

of its

of Rochester did not require

of officers

police

appropriate

who were known to

have engaged in police misconduct.

61. As a resuft

of the city

customs, the poLice officers

the individual

of Rochester's policies

and

of the City of Rochester, including

lefendants betieved that their actions would not

properly monitored by supervisory officers

and that misconduct

would not be inrrestigated or sanctioned, but would be toferated.

-L2-

be

Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 13 of 15

68. These policies and customs demonstrated a deliberate

indifference on the part of policymakers and supervisory personnel
of the City of Rochester to the constitutional rights of persons
within the city of Rochester, and were the cause of the violations
of the plaintiff's
inj uries

rights as arleged which resulted in his

PLAINT]FF HEREBl DEMANDS A TR]AL BY

IdHEREFORE,

for

the plaintiff

damages susi-ained

A.

JURY

demands judgment

by the plaintiff

against defendants

as follows:

As to each battery contained in the First Cause of Action

$1,00i),000.00;

B.

As tc the Second Cause of Action $1. 000. 000. 00;

C.

As to the third Cause of Action $1,000,000.00;

D.
E.

As to the Fourth Cause of Action $1,000,000.00;

As tc the Fifth Cause of Action $1,000,000.00;

F.

As tc the Sixth Cause of Action $1,000,000.00;

G.

As to the Seventh Cause of Action $1,000,000.00;

H.

Together with punitive damages against each of the

individual defendants as is deemed just and proper;

I.

Toget:rer with reasonabfe attorney's fees to be awarded to

J.

the p,_ainti-ff pursuant to 42 U. S. C. S19BB;

Togetlrer with the costs and disbursements of this action;
and
1')
-1J-

Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 14 of 15

K.

Such other and further

re.Iief as to this Court maY deem

just and ProPer.

DATED:

Rochester, New York

June 21, 2076

T. WILLIAMS, ESQ.
Attorney for Plaintiff
95 Allens Creek Road
Building L, Suite 107
LELAND

Rochester, NY L46LB
Telephone: (585) 292-1110
lelandtwms Ghotmai

To: THE CITY Oli ROCHESTER

Department of Law
u^rl 1loom 400A
^r+-. llOrl
!-LLy
30 Church Street
Rochester, NY 74614-7295

_1

1 . com

Case 6:16-cv-06478-FPG Document 1 Filed 07/11/16 Page 15 of 15

VERIEICATION
STATE OE NEW YOI{K)
COUNTY OE MONROE ) ss -

BRIAN

A.

NORFORD,

being duly sworn, deposes and says:

1Danan4n1-isthePlaintiffinthewithinaction;
a .

uuyvll\

2.Deponen;hasreadtheforegoingComplaintandknowsthe
content thereof; the same is true to deponent's own knowledge'
except as to those matters stated therein to be based upon
information and betief, and as to those matters, deponent believes
them to be true,

ORFORD

Sworn to before me this ZJ'h

day of

June

, 20- 6.

NOTENY PUBLIC
LELAND T. WILLIAMS

State of New Yo-rk Monroe )1County

,n10
Commission ExPi::es Jan.
JIt

LW!t

1tr
_IJ_

Case 6:16-cv-06478-FPG Document 1-1 Filed 07/11/16 Page 1 of 1

CIVTL COVER SHEET

JS.14 (Rev.07/16)

othcr DaDers as requlred bv lau. ereepl

ihc'uie ot' rhe C lerk olCoun lbr thc

as

rli

Countv olResidence of First Listed Defendant -MSrygg

ilN {'t.s. PL4lN1l}rtt ("lsrs oNLy)

Monroe
County of Resrdence of F-irst Listed Plarntiff
(EXCEP'.I lN ti.s. Pl-AlNl',lFt; .ASES)

(b)

(C) Anorneis

r1

1vp \ante. sllJvqt: onJ

lcltf"ilr

NOTtr.

Attorneys

'\ilnhLrt

tr 1

oF JURISDIC"|ION
il 3

U.S. Govemlnent

Rothester, NY

14614 585428-6949

(pran m "x" inone Boxontv)

(Lt.S.

U.S. Govement
Defendant

Knovnl

Federal Questior

Ptaintiif

D2

(11

Nol d

'orernment

I'qtA)

Diversiq
(lndicdtc (.itizen\hiP ol Parties in ltem

il 2

J2

Citizen of Another State

lIl)

CitizenorSubjectofa tr 3

3
n

I
iI

fi
tr

D
O

120

Mnire

130

Miller Act

140

Negotiable lnsfiurent

50 Recovel-r o{ Overpayment
& Iinforcemmt of .ludgrnent

151 Medicare .{ct

1 52 Recover-r' of Defaulted
Sludent Loans
(Exoludes Veterans)
153 Recovery ofoveryayment
olVeteran's Benefits
160 Stockholders' Suits

[90OtherContract
195 Connact Product LiabilitY
196 Frmchise

625 l)rug Related Seizure

of Propelt-v 2l USC 881

PERSONALI\JURY PERSONALTNJTIRY
C 365 Personal lttjury C 310 Airplme
Productl-iabiliti;
3 315 AirplaneEoduct
D 367 Health Cue/
Liability
Phannaceutical
3 i20 Assault. l.ibel &
Persone{ hjuY
Slander
Product L'iability
3 330 Federal Eo:ployers'
0 368 Asbestos Personal
Liability
lnjuY Product
O 340 Nfaine
Liability
3 345 N4arine Pr( duct
Pf,RSONAL PROPERTY
I-iabiliryll 370 Other Fraud
L-l 350 Motor Vellrcle
3 371 Truth it Lording
O j55 N'lotor Veh cle
J 380 Other Personal
Product Liz bility
Ptopertv Dmage
0 360 Other Pers,,nal
tr 385 Property Dmage
lnjury
Product Liabilily
D 362 Personal In- uy -

J
I
D

220
230
240
245
290

440 Other

Clondernnation

[]

Foreclosure
Rent I-eree & Ejectment

C
D

Tofis to Lmd

Cilii

tughts

il

441 Voting
442 Employne tt
,143

Al1 Other Real ProPerrv'

D 3 ForeignNation

Employmect
D ;t46 Arner. w/Disabilities -

Other
448 Education

tr

t-l

O
t0 Fair Labor Stsdilds
Aot
O 720 Labor/Maragernent
7

O
O

tr

Appeal 28 USC 1s8

423 Withdras'al
,122

D5

a 6

O6

375 False Claim -Act

D 376 Qui Tarn (3I USC

3129(a))
400 state Reapportionment

410

Relations
740 Railway Labor Act
?51 FanilymdMedical

il
n

790 Other Labor Litigation

791 Ernplovee Retirement

lncome Security Act

Ilabeas CorPus:
463 Alien Detainee

Depofiation

470 Racketeer lnfluenced md

Corupt Orgmizations
al 480 Consumer Credit

1'\r

,190 CablelSat

850 Securities/Commodities/

Exchmge

o
n

890 Other Statutory Actions

891 Agricultral Acts
D 893 Environmental Matters
895 Freedom of lnfomation

Act

0
C

Sentence
530 General
535 Death Peilalty

.160

861 HIA(l
862 Black Lurg (923)
863 DIWC/DIwW (40s(g)
86,1 SSID TiTIC XVI
86s RSI ('los(g))

Antitrust

430 Bmks ard Bankil,l

450 Commerce

o
o

830 Patent
840 Tradernark

Leale Act

Other:

3
3

D 5l0Nlotio.stoVacate

Housing/

Accomociations
D 445 Amer. *,/l iisabilities -

Toft Product Liabilit]'

D 5

of Business In Another State

28 USC I 57

lJ 2 l0 Land

IncorpomtedardPrincipalPlace

qn "X" in ()ne Box

rv. NATURE OF SUIT

D I l0 lnsurmce

LD'

City of Rochester Department of Law

City Hall Room 400A 30 Church Street

Leland T. Williams, tsq.

95 Allens Creek Road, Bldg. 1-',l07
Rochester, NY 14618 585-292-1110

ir. sasrs

IN I,AND CONDE'\'INATION CASES, USE TITE LOCATION OF

iHr tnacr ot I A\D l\vol\

870 Taes (ti.S. Plaintiff

or Defendmt)
871 IRS-Third Party
26 USC 7609

D 896 Arbitration

899 A&ninistrative Procedure

Act/Review or APPeal of
Agenc-v Decision
950 Constitutionalit)* ol
State Statutes

465 Other Immigration

540 Mmdamus & Other

550 Civil tughts
555 Prison Cordition
560 Civil Detainee Conditions of

Actions

Confinment

V.

il t

ORIGIN lt'late qn "X" iil One Rox OnlYl

O 2 Removed from
originat
State Court
Proieeding

tr 3

tf," trS. Ciuit

VI.

v[

usc

of cause:

REaUESrno rN

COMPLAINT:
vrrl. RELATED CASE(S)
IF ANY

CHEC

Ii

UNDI lt

filins tlla

)urth, Fifth,

Bt

piitiCe"oruiatity & riole!'o,

ReoPened
are

Statute under

"983, 198s,

CAUSE OF ACTION Brief descnptjon

al 4 Reinstated or

Remanded tiom
Appellate Court

,l

"iril

(See jnslt t'ctions):

5 Transfemed lrom

36

Another District

Multidistrict
Transfer

AMOLJI\T

DEMAND$

CIDCK 1ES only if

demanded in complaint:

JURYDEMAND: XYES
DOCKETNUMBER

APPLYING IFP

Litigatittn Drr6ct File

cite iurisdiLtionul storules unless diversity t.

1-8^
RECETPT #

8 Multidistrict

Litigation -

oth & Fourteenth Amendments

dgre

IT THIS IS A CLASS ACTION

RULE 23. F.R.Cv.P.

\4AG ruDGE

ENO

Case 6:16-cv-06478-FPG Document 1-2 Filed 07/11/16 Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UxtrBn SrarPs Dtsrrucr CoURT

for the

Westem District of New York

BRIAN A. NORFORD

Plaintffi's)

Civil Action No'

v.
CITY OF ROCHESTER,
ROCHESTER POLICE DEPARTMENT,
ROCHESTER POLICE OFFICER PATRICK
GIANCURSIt), et.al.
Defendan'5)

SUMMONS IN A CIVIL ACTION

To

(Defendant's name and address)

City of Rochester Department of Law

Citt Hall Room 400A 30 Church Street
Rochester, NY '14614 585-428-6949

A lawsuit has been filed against you'

day you received it)

or 60 days if you

Within 21 days after service of this suflrmons on you (not counting the
or employee of tt uoited States described in Fed' R' civ'
are the united States or a uniLed states agency, or an officer
"
motion under Rule 12 of
p.12 (a)(2)or (3)
you must serve on the piaintiffan answer to the attached complaint or a
procedure. The answer or motion must be served on the plaintiff or plaintiffls attomey,
the Federal Rules of civil
whose name and address are:

you for the relief demanded in the complaint'

If you fail to respond judgment by default will be entered against
You also must file your answer or motion with the court'

CLERK OF COURT

Date:

SigTature of Clerk or DePutY Clerk