Professional Documents
Culture Documents
1. This is a civil rights action in which plaintiff seeks relief for the violation of his rights
secured by 42 USC §1983, §1988 and the First Amendment to the United States Constitution and
2. Plaintiff filed a timely charge of retaliation with the EEOC. On September 18, 2018
Plaintiff received a right to sue in the United District Court pursuant to 42 U.S.C.A. Section
2000e, permitting plaintiff to bring this action. The Right to Sue letter is attached hereto at
Exhibit A and is incorporated herein by reference. Plaintiff has therefore required administrative
remedies.
Plaintiff’s filing an EEOC Complaint, Plaintiff’s affiliation with Damon Jones, owner of Black
Westchester, a newspaper that has been publically critical of Mayor Richard Thomas. The
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Defendants, acting under color of law, willfully and intentionally retaliated against Plaintiff by
attempting to shutdown Cupcake Cutie Boutique, Inc. in which Plaintiff is a co-owner for
Defendants Thomas, Joseph Spiezio, Dan Jones, and special and compensatory damages against
the City of Mount Vernon, as well as an award of costs and attorneys' fees, and such other and
JURISDICTION
5. This action is brought pursuant to 28 USC §1331 and 42 USC §1983 and the First
6. Venue is laid within the United States District Court for the Southern District of New
York in that Defendants are located in Mount Vernon, County of Westchester and a substantial
part of the events giving rise to the claim occurred within the boundaries of the Southern District
of New York.
PARTIES
7. Plaintiff is a Detective for the Mount Vernon New York Police Department. At all
times relevant, plaintiff was an employee of the City of Mount Vernon until the present.
8. Defendant Richard Thomas1 was at all times relevant and continues to serve as the
Mayor of the City of Mount Vernon. Section 60 of the Mount Vernon City Charter provides that
all executive power of the City and all of its departments are vested in the Mayor. As such, he is
the final policy and decision maker for the City and its departments and agencies. He is sued in
1
On March 11, 2018, Defendant Mayor Thomas was indicted by a Westchester County Grand Jury for Grand
Larceny and the Filing of False Instruments in connection with campaign accounts.
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9. Defendant Dan Jones was at all times here relevant the Commissioner of the
established by Section 113 of the Charter of the City of Mount Vernon. Pursuant to the Charter,
the Commissioner is appointed by and serves “during his pleasure” of the Mayor. The
Commissioner has the power to appoint subordinates who serve “during his pleasure”, unless
10. Defendant Joseph Spiezio was at all times here relevant the Deputy Commissioner of
the Police Department of the City of Mount Vernon. The Police Department is established by
Section 113 of the Charter of the City of Mount Vernon. Pursuant to the Charter, the Deputy
Commissioner is appointed by and serves “during his pleasure” of the Mayor. The
Commissioner has the power to appoint subordinates who serve “during his pleasure”, unless
11. The City of Mount Vernon is a municipal corporation established under the laws of the
State of New York. The final policymaker and decisionmaker for the City is the Mayor of
Mount Vernon.
12. At all times here mentioned all Defendants were acting under
color of state law, to wit, under color of the statutes, ordinances, regulations, policies, customs
FACTUAL ALLEGATIONS
13. Plaintiff, is a twelve (12) year veteran of the Mount Vernon Police Department. Where
Plaintiff was born and raised in the City of Mount Vernon, she currently serves as a Detective.
14. Plaintiff, has been the recipient of Mount Vernon Police Department’s Excellence of
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Duty Award for her work and dedication in serving the community.
15. Plaintiff has also received the Grand Council of Guardians, Woman’s History Month
16. Plaintiff is a co-owner of Cupcake Cutie Boutique. Inc. with her daughter Miesha
17. Cupcake Cutie Boutique, Inc. is New York Corporation based in the City of Mount
18. Plaintiff is also married to Damon Jones, Co-Owner of Black Westchester, who has
19. Plaintiff has been subjected to numerous forms of a harassment dating back to 2016 the
Year Mayor Thomas took office. First, on or about June 2, 2016, while out on sick leave the
Mount Vernon Police illegally visited Plaintiff’s place of business opposed to her home. Further,
it was confirmed that a City Employee, who worked on Mayor Thomas’ campaign and close
associate of Joseph Spiezio along with the Mount Vernon Police Department Employee Lisa Hill
went to the City Court Clerk, requested Detective Jones court records and posted them on
facebook. The information contained her home address and other personal information. The
purpose of posting Montika Jones court papers was to embarrass and harass Ms. Jones because
20. On July 7, 2016, Plaintiff also received threats from those alleged to be affiliated with
Mayor Thomas. One threat received was “that your husband should stay home at night” putting
21. On or about March 30, 2017 Plaintiff reported to Shawn Harris the Acting Police
Commissioner that Lisa Hill posted on Facebook, “They’re going after Damon & she’s
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(Montika Jones) is collateral damage. Before Montika even thinks about stepping to me, she
22. Plaintiff further reported to the Acting Police Commissioner, that or about February 16,
2017, Deputy Police Commissioner Joe Spiezio reported on a radio show WVOX AM about
Plaintiff’s personal and medical information. To date, no one has been discipline or sanctioned
23. On July 11, 2017, an affidavit from Frank Trulio states that in his conversation with
Joseph Spiezio he asked “what’s the problem with Andre Wallace and Damon Jones.” Mr.
Trulio then says Joseph Spiezio said, “They should be careful with what they are saying
especially Damon Jones.” When he asked why? Joseph Spiezio stated “let’s just say his wife is
a police officer herein town and his big mouth will end up effecting her.” Exhibit D
24. In March 30, 2017, Plaintiff wrote to Shawn Harris Acting Police Commissioner
regarding her request for an investigation into her allegations of harassment. Plaintiff also alleges
separately that Mayor Thomas illegally obtained Plaintiff’s medical records in violation of
HIPAA. Exhibit E
25. On August 2, 2017 Plaintiff executed a Stipulation of Settlement in which among other
the City agreed to rescind Plaintiff’s suspension without pay and reinstated the Plaintiff, with
26. On Friday, October 13th, 2017, Damon Jones, Owner of Black Westchester and a critic
of Mayor Thomas and the husband of Montika Jones spoke to Mayor Richard Thomas about the
fact that the back pay had not been paid. Mayor Thomas incredulously blamed the Comptroller.
Mayor Thomas then threatened to “rip up” the settlement agreement. Exhibit F
27. On October 23, 2017, Andre Wallace City Councilman of Mount Vernon addressed the
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issue of harassment and demanded that the Mayor Richard Thomas to “Cease and desist from
using the office of the Mayor to issue threats and intimidation against those you believe are your
political foes. Using your office of the Mayor to harass residents, citizens and taxpayers is an
28. On about October 24, 2017, Detective Montika Jones filed a retaliation claim with the
29. On about July 1, 2018, a front page article was written about the “so – called” Deputy
Commissioner Joe Spiezio of the Mount Vernon Police Department by Black Westchester.
Exhibit I
30. Based upon information and belief Deputy Police Commissioner Spiezio showed the
article to Mount Vernon Detective Gamble and Mount Vernon PBA president and asked him
“what are you going to do about this?” Based upon information and belief Detective Gamble
responded “Nothing, you are not a member and leave Montika Jones out of it.”
31. On or about, July17, 2018, a company owned by Joseph Spiezio, lost its contract to
pick of garbage for the County of Westchester because of a $4.2 million civil judgment for
32. That same day July 17, 2018, inspector Troy Grant was ordered
from the Mount Vernon Building Department to go to Cupcake Cutie Boutique, Inc. Inspector
Grant spoke to Plaintiff and Miesha Stokely. He stated to them he was following up on a
complaint of a “foul odor.” He told Plaintiff that he knew there wasn’t a foul odor but he was
her business was being subjected to politically motivated harassment from the Mayor.
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34. Plaintiff explains in her Facebook post that the City of Mount Vernon had sent a
buildings inspector to her business to investigate a foul odor. Troy Grant was the inspector who
was ordered to visit Cupcake Cutie Boutique, Inc. Troy Grant declared the allegation of a foul
odor unfounded. There was no foul odor. His finding was known to the defendant.
35. As Ms. Jones’ Facebook post alludes to, she is married to Damon Jones, and her
36. On or about July 19, 2018, Miesha Stokely went to the Mount Vernon Building
Department and confronted them about the alleged complaint. She pointed out that “anonymous
complaint” had been issued to 40 West 1st Street and not 8 South 6th Avenue, Mount Vernon, NY
37. On or about July 19, 2018, Plaintiffs daughter Stokely filed a harassment complaint
38. The Plaintiff filed a timely charge of retaliation with the Equal Employment
Opportunity Commission and received a notice dated September18, 2018, of her right to sue in
the United States District Court pursuant to 42 U.S.C.A. Section 2000e, permitting plaintiff to
bring this action. The Right to Sue letter is attached hereto at Exhibit A and is incorporated
herein by reference.
39. On August 2, 2018, Damon Jones, Co-Owner of Black Westchester moderated a Panel
discussion of candidates for the Attorney General of the State of New York. During that panel
discussion Mr. Damon Jones posed questions regarding alleged government corruption.
Exhibit L
40. Coincidentally, the next day around 4:00 PM on Friday, August 3, 2018, Mount Vernon
Building Inspector Troy Grant and other members of the Building Department were ordered by
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Mayor Richard Thomas to go to Cupcake Cutie, Boutique, Inc. They were waiting outside the
41. Based upon information and belief, there was no list of quality of life violators as the
Mayor alleges. He was heard saying prior to going to Cupcake Cutie Boutique “Let’s go get
some cupcakes.” This statement was preceded by the Mayor’s order to shut down of Cupcake
Cutie Boutique, Inc. in spite of the fact there were no violations issued or no reports of violations
42. Mayor Richard Thomas vindictiveness and reign of terror continued. Mayor Thomas
with the assistance of the Mount Vernon Building Department ordered the termination of Troy
Grant merely because he shook hands and spoke to the Former Mayor Davis and refused to
43. On Saturday, August 4, 2018, an employee of the City of Mount Vernon came to the
store and told Miesha Stokely that he worked for the Mayor and what happened was wrong and I
44. On August 5, 2018 the same employee made several derogatory comments on Black
Westchester Face book live video against Plaintiff. The employee indicated Butch Thomas, the
45. Further based upon information and belief Mayor Thomas was heard saying “Yall
supporting Montika and Cupcake Cutie.?” When the individual stated he supported Montika
Jones, the Mayor became angry and threatened “alright Yall act like something can’t be done
again.”
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46. Plaintiff filed a Notice of Claim against the City and Mayor Richard Thomas.
Exhibit M
47. Under these highly politicized circumstances, Plaintiff’s interaction with Damon Jones,
her filing of several claims against the City of Mount Vernon, Joseph Spiezio losing his contract
with County of Westchester all happening within the proximity it can reasonably be interpreted
that Mayor Thomas, Joseph Spiezio and Daniel Jones actions related to Cupcake Cutie was
retaliation.
48. Unfortunately for the people of Mount Vernon, the allegations herein are not the
first to allege that Defendant Mayor Thomas and the City have used the machinery of
government to attempt to put honest business people in the community out of business, nor the
first time an employee of the defendant City has been terminated for his exercise of First
Amendment rights.
49. In a lawsuit, Larry McDowell, a Mount Vernon employee was terminated because he sat
50. In the middle of the night, Mayor Thomas ordered City contractors and the police officers
51. Mayor Thomas flagrantly violated numerous court orders by failing to remove locks off
52. During all the events above described, defendants acted maliciously and with intent to
53. As a direct and proximate result of the acts of defendants, plaintiff suffered the following
a. Violation of his right to free speech pursuant to the First Amendment to the
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55. On or about October 2016, Plaintiff has filed an EEOC claim in connection with her
56. The Plaintiff herself has written numerous letters to the Mount Vernon Police
57. Plaintiff has voiced her displeasure regarding this behavior on her personal social
media pages.
58. The defendant the Mayor of the City of Mount Vernon is the chief executive of the
government of Mount Vernon. As such, he has control over each agency of the City including,
59. Defendants acted under the color of law to deprive plaintiff of her civil, constitutional
and statutory rights to be free from the abridgement of lawful expression and associational
conduct when they retaliated against the Plaintiff by attempting to close Cupcake Cutie
Boutique, Inc. due to such expression and associational conduct with the Owner Black
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60. Plaintiff’s association with Damon Jones, Co-Owner of Black Westchester has directly
causally related to the retaliatory conduct of attempting to shut down Cupcake Cutie Boutique
Inc.
61. The causal connection between the conduct and adverse action has been establish by
Plaintiff’s associations and Plaintiff’s speaking out against the conduct of the Mayor.
62. As a further proximate result of defendant’s actions, plaintiff has suffered and continues
to suffer impairment and damage to plaintiff’s lasting embarrassment, humiliation and anguish
63. The conduct of the defendants was outrageous; was done in a deliberate, callous,
malicious, fraudulent and oppressive manner intended to injure plaintiff; was done with an
improper and evil motive amounting to malice and spite and was done in a conscious disregard
for Plaintiff’s rights. Plaintiff is therefore also entitled to an award of Punitive damages.
64. Plaintiff has suffered loss of income and psychological distress due to the defendant
Mayor’s unlawful and retaliatory actions and has been damaged as a result of these acts.
66. On or about October 17, 2016, Plaintiff filed an EEOC Claim against the City of Mount
67. Plaintiff settled with the City of Mount Vernon on August 14, 2017.
68. Sometime in October 13, 2017, Mayor Thomas then threatened to “rip up” the
agreement.
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69. On or about October 24, 2017, Plaintiff then filed a retaliation claim with the EEOC.
70. On or about July 17, 2018 Defendant singled out the business owned by Plaintiff.
Defendant ordered Troy Grant Inspector for the City of Mount Vernon to investigate an
unmerited complaint.
71. This action was an attempt by the Mayor to intimidate and harass Plaintiff because she
73. On or about August 3, 2018, Mayor Thomas was heard saying “Let’s go get some
cupcakes” singling out Cupcake Cutie Boutique, Inc. which is co-owned by Plaintiff.
74. Mayor Thomas directed the police to put tape across Plaintiff’s business and threatened
75. Further, on August 5, 2018, based upon information and belief the Mayor’s brother
Butch Thomas was responsible for making derogatory statements against the Plaintiff.
76. Further, based upon information and belief, Mayor Thomas was heard saying “Yall
supportive Montika and Cupcake Cutie?” When the individual stated he supported Plaintiff,
Mayor became angry and threatened “ all night, and expressive conduct Yall act like something
can’t be done again.” undertaken by plaintiff was perceived by defendants as opposition to the
defendants’ policies and support of her husband Damon Jones. In retaliation for such conduct,
Boutique, Inc.
77. The causal nexus between the protected conduct and the adverse action is established by
the Mayor’s statement “Let’s Go Get Some Cupcakes” and the fact that Montika Jones is co-
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owner of Cupcake Cutie Boutique Inc. Absence any violations issued or any resemblance of due
process, the Mayor attempted to embarrass, and publicly cause financial harm by closing
78. He directed the Police Department and various City Agencies to put tape around the
establishment and threatened patrons with arrest for crossing the tape. Ms. Stokely , daughter of
Damon Jones and Montika Stokely was forced to work and fill orders while police tape was
79. Defendant’s actions can be seen as retaliation for Plaintiff filing an EEOC Complaint in
81. The conduct of the defendants was outrageous; was done in a deliberate, callous,
malicious, fraudulent and oppressive manner intended to injure plaintiff; was done with an
improper and evil motive amounting to malice and spite and was done in a conscious disregard
for Plaintiff’s rights. Plaintiff is therefore also entitled to an award of punitive damages.
82. Plaintiff has suffered loss of income and psychological distress due to the defendant
Mayor’s unlawful an retaliatory actions and has been damaged as a result of these acts.
84. The executive power of the City of Mount Vernon is vested in the Mayor. Charter of the
City of Mount Vernon §60. As such, he is the final policymaker and decisionmaker for the
municipality.
85. The Commissioner of the Department of Buildings is appointed by the Mayor and
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remains in office at the pleasure of the Mayor. Charter of the City of Mount Vernon §113.
86. As the final decisionmaker, the municipality, defendant City of Mount Vernon, is liable
for even the single actions and/or decisions made by the defendant Mayor Richard Thomas if the
87. Nevertheless, as described above, Mayor Thomas’s short tenure has been marred by a
policy and practice of using the machinery of Mount Vernon government to unconstitutionally
88. In addition to the instance that is the subject matter of this lawsuit, the retribution for
speech sought against Cupcake Cutie Boutique Inc., the lawsuits described in paragraphs 48 to
50 above, defendant Mayor Thomas has unlawfully punished others for constitutional violations.
renders the municipality liable regardless of any policy or practice. Nevertheless, the defendant
City of Mount Vernon, through the repeated actions of retaliation taken by defendant Mayor
Thomas, also shows a municipal practice of violating the constitutional rights of residents and
90. Plaintiff has been damaged as a result of the actions taken against him by the
municipality.
DAMAGES DEMANDED
A. For compensatory damages of not less than $5 million (five million dollars);
each;
C. For reasonable attorney’s fees, together with cost and disbursements, pursuant to
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E. An order enjoining the defendant from engaging in the future in the wrongful
F. Granting such other and further relief as this Court deems just and proper.
JURY DEMAND
Yours, etc.,
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