Crystal Rivera v. The City of New York, Et Al.

FILED: BRONX COUNTY CLERK 01/19/2019 02:16 AM INDEX NO.
23051/2019E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF THE BRONX
----------------------------------------------- ----x Summons
CRYSTAL RIVERA
Plaintiff, Index No.:

- 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 Intergovernmental
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 Attorney; WANDA

PEREZ-MALDONADO, as Bureau Chief, Public Integrity Bureau,
Office of the Bronx District Attorney; OMER WICZYK, as
Deputy Bureau Chief, Public Integrity Bureau, Office of the Bronx

District Attorney ARTHUR B. SIMMONS, as Deputy Administrative
Chief, Office of the Bronx District Attorney; BETH ANN HOLZHAY,

as 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'
_____ _______________ __________________-_________--------X
To the above-named Defendant:
You are hereby summoned and required to serve upon Plaintiff's attorney, at the address
stated below, an answer to the attached Verified Complaint.
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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FILED: BRONX COUNTY CLERK 01/19/2019 02:16 AM INDEX NO. 23051/2019E
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
demanded in the complaint, without further notice to you.
The action will be heard in the Supreme Court of the State of New York, County of the
Bronx, 851 Grand Concourse, Bronx, N.Y. 10451.
Dated: January 19, 2019

New York, N.Y.
Respec ly submitted,
By:
Eric Sanders
Eric Sanders, Esq.

THE SANDERS FIRM, P.C.
802
30 Wall Street, Floor
New York, NY 10005
(212) 652-2782 (Business Telephone)
(212) 652-2783 (Facsimile)
Website: htto://www.thesandersfirmpc.com
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COUNTY OF THE BRONX
----------- ------------------------x Verified Complaint
CRYSTAL RIVERA . and Jury Demand
Plaintiff, Index No.:

- 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 Intergovernmental
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 Attorney; WANDA

PEREZ-MALDONADO, as Bureau Chief, Public Integrity Bureau,
Office of the Bronx District Attorney; OMER WICZYK, as
Deputy Bureau Chief, Public Integrity Bureau, Office of the Bronx

District Attorney ARTHUR B. SIMMONS, as Deputy Administrative
Chief, Office of the Bronx District Attorney; BETH ANN HOLZHAY,

as 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'
-________________________..___________________________-__ 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;
CHRISTINA SCACCIA; CARMEN FACCIOLO III; JEREMY SOCKETT; TERRY GENSLER;
FRANK CHIARA; TERRENCE MULDERRIG; WANDA PEREZ-MALDONADO; OMER
WICZYK; ARTHUR B. SIMMONS; BETH ANN HOLZHAY; PRISCILLA TAVERAS and
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BRIAN WAREHAM respectfully set forth and allege that:
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
YORK; DARCEL D. CLARK; CHRISTINA SCACCIA; CARMEN FACCIOLO III; JEREMY
SOCKETT; TERRY GENSLER; FRANK CHIARA; TERRENCE MULDERRIG; WANDA
PEREZ-MALDONADO; OMER WICZYK; ARTHUR B. SIMMONS; BETH ANN HOLZHAY;
PRISCILLA TAVERAS and BRIAN WAREHAM'S race and gender discrimination, hostile
work environment and retaliation.
JURISDICTION AND VENUE
1. The jurisdiction of this Court is invoked pursuant to New York State Executive Law
§ 296, and New York City Administrative Code § 8-107.
2. The uñlawfill employment practices, violations of plaintiff's statutoiy rights as an
employee were committed within Bronx County.
PLAINTIFF
3. Plaintiff is a Puerto Rican female, over twenty-one (21) years of age, residêñt of
Bronx County and employee of Defendant THE CITY OF NEW YORK.
DEFENDANTS'
4. Defendant THE CITY OF NEW YORK is a municipal corporation and at all
relevant times was Plaintiff s employer.
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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6. Defendant DARCEL D. CLARK, as District Attorney, Office of the Bronx District
Attorney.
7. Defendant CHRISTINA SCACCIA, as Bureau Chief, Homicide, Office of the
Bronx District Attorney.
8. Defendant CARMEN FACCIOLO III, as Deputy Division Chief, Strategic
Enforcement and Intergovernmental Relatiom, Office of the Bronx District Attorney.
9. Defendant JEREMY SOCKETT, as Executive Assistant District Attorney, Office of
the Bronx District Attorney.
10. Defendant TERRY GENSLER, as Deputy Bureau Chief, Narcotics Bureau, Office
of the Bronx District Attorney.
11. Defendant FRANK CHIARA, as Chief of Detective Investigators, Office of the
12. Defendant TERRENCE MULDERRIG, as Deputy Chief Rackets Investigatus,
Office of the Bronx District Attorney.
13. Defeñdant WANDA PEREZ-MALDONADO, as Bureau Chief, Public Integrity
Bureau, Office of the Bronx District Attorney.
14. Defeñdant OMER WICZYK, as Deputy Bureau Chief, Public Iñtegrity Bureau,
15. Defêñdañt ARTHUR B. SIMMONS, as Deputy Administrative Chief, Office of the
16. Defendant BETH ANN HOLZHAY, as Director, Crime Victims Assistance Unit,
17. Defendant PRISCILLA TAVERAS, as Supervising Coordinator of the Satellite
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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
Defendant THE CITY OF NEW YORK Comptroller's Office.
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
the Bronx District Attorney until December 31, 2015.
22. Plaintiff alleges on or about January 1, 2016, District Attorney Darcel D. Clark
succeeded Robert T. Johnson.
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
primarily African-American and Hispanic.
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
of their African-American and Hispanic client's coñstimtional rights.
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
the accused African-American and Hispanic criminal defendant's constitutional rights.
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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
and Hispanic criminal defendant's constitutional rights.
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
misconduct and unethical practices within the office.
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
crirñes agaiñst accused African-American and Hispanic criminal defendants.
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
backdated and closed to the detriment of African-American and Hispanic complaiñants.
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and its prosecutors engage in similar of criminal cases to the detriment

intentianally mishañdling
of the accused African-American and Hispanic criminal defendant's constitutional rights.
32. Plaintiff alleges several years ago, she began a personal relationship with NYPD
42nd
Detective David Terrell (African-American Male) of the Precinct.
33. Plaintiff alleges approximately two years ago, Defeñdañt DARCEL D. CLARK
(African-American Female) and CHRISTINA SCACCIA (Caüeesisn Female) assigned Assistant
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
Male); CARMEN FACCIOLO III; TERRY GENSLER (Caucasian Female); CHRISTINA
SCACCIA and Assistant District Attorney Slott.
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
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
42. Plaintiff alleges Defendant TERRY GENSLER implied Assistañt District
Pablo'
Attorney Slott nikliandled the Pedro 'BigBank Hernandez case and related cases of The
Hill Top Crew.
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
allegations of a baseless criminal investigation against him.
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
are going down.
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.
51. Plaintiff alleges Defendant CHRISTINA SCACCIA then proceeds to explain,
prior to Manny Gomez's termination from the NYPD she caught him stealing time and informed
the NYPD leading to his eventual separation from employment.
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
Michelle Rayo regularly meets him on the premise.
respect, immediately told her to shut up.
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,
she had no idea what they were talking about.
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
Stefany Brown-Paulino (African-Americañ Female) about being racially discriminated against
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
for her job.
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64. Phintiff alleges on or about August Defendant CARMEN FACCIOLO

21, 2017,
III with racial arrogance and lack of respect ordered her to meet with Defeadar.t WANDA
PEREZ-MALDONADO (Hispanic Female) regarding a criminal iñvestigation into the law
42nd
enforcement practices of officers assigned to the Precinct.
65. Plaintiff alleges shortly thereafter, Defendant CARMEN FACCIOLO III with
66
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
42nd
lack of respect began questioning her about relationsMps with officers assigned to the
Precinct.
67. Plaintiff alleges Defendant WANDA PEREZ-MALDONADO even implied she
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-
MALDONADO; OMER WIZYK; TERRENCE MULDERRIG and FRANK CHIARA in her
office.
71. Plaintiff alleges shortly thereafter,. she noticed a notepad with her name written on
it along with 3 cellphone numbers and her cellphone records.
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72. Plaintiff alleges Defendant WANDA PEREZ-MALDONADO with racial
problem."
arrogance and lack of respect told her, "we have a
73. Plaintiff alleges Defendant WANDA PEREZ-MALDONADO with racial
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
about her personal relationship with NYPD Detective Terrell.
75. Plaintiff alleges shortly thereafter, Defendant ARTHUR B. SIMMONS informed
her that effective immediately, she is being suspended with pay pending the outcome of the
criminal investigation.
76. Plaintiff alleges on or about September 6, 2017, Defendant DARCEL D. CLARK
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
42nd
started an investigation into the law enforcement practices of the Precinct.
78. Plaintiff alleges on or about November 9, 2017, in an elaborate ruse to perpat''ata
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
but, did not serve her.
80. Plaintiff alleges on or about January 22, 2018, Defendant DARCEL D. CLARK
suspended her without pay.
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
criminal investigation against NYPD Detective Terrell.
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
with NYPD Detective Terrell.
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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SCACCIA; CARMEN FACCIOLO III; JEREMY SOCKETT; TERRY GENSLER; FRANK
CHIARA; TERRENCE MULDERRIG; WANDA PEREZ-MALDONADO and OMER WICZYK
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
due to her personal relationship with NYPD Detective Terrell.
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
Conference regardiñg the charges of misconduct related to her personal rehtion

hip with NYPD
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
CHIARA; TERRENCE MULDERRIG; WANDA PEREZ-MALDONADO and OMER WICZYK
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
due to her personal with NYPD Detective Terrell.

relationship
Defcñdañts'
90. Plaintiff alleges that on or about May 8, 2018, on behalf of THE
CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA SCACCIA; CARMEN FACCIOLO
III; JEREMY SOCKETT; TERRY GENSLER; FRANK CHIARA; TERRENCE MULDERRIG;
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,
13
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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
Victims Assistance Unit, Satellite Office.
95. Plaintiff alleges the Crime Victims Assistance Unit provides services to Bronx
residents who may have been a victim of a crime.
96. Plaintiff alleges Defendant BRIAN WAREHAM also worked in the Crime Victim
Assistance Unit, Satellite Office.
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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16 of 31
inappropriate behavior by Defendant BRIAN WAREHAM.
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
and outside of the office.
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.
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
began deñ=dkg to walk her home to further harass her.
began subjecting her to uñwañted physical coñtact including unsolicited hugs, grabbing her hand,
touching her arm and buttocks.
began repeatedly disrupting her assignmcñts constantly harassing her at her assigned desk.
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
PRISCILLA TAVERAS that Defendant BRIAN WAREHAM'S sexually offensive behavior
inside and outside of the workplace made her feel uncomfortable.
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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
warn him to stop.
108. Plaintiff alleges that upon information and belief, Defendant PRISCILLA
TAVERAS did not file a complaist on her behalf against Defendant BRIAN WAREHAM
sexual haracement and related claims because of her filed complaiñ‡s

alleging publicly alleging
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
BRIAN WAREHAM sent a picture of himself to her personal cellular telephone.
110. Plaintiff alleges that she immediately warned Defendant BRIAN WAREHAM to
stop sending her personal text messages.
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
HOLZHAY claimed to have met with Defendant BRIAN WAREHAM.
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
Attorney and her personal rehtionship with NYPD Detective Terrell.
115. Plaintiff alleges Defeñdañt BRIAN WAREHAM continued touching her arms,
hands and buttocks.
116. Plaintiff alleges on or about September 28, 2018, she informed Defendant
PRISCILLA TAVERAS about Defendant BRIAN WAREHAM'S continuing to touch her arms,
legs and buttocks.
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.
119. Plaintiff alleges Defendants PRISCILLA TAVERAS and BETH ANN
HOLZHAY did not respond to her email.
120. Plaintiff alleges she called Defendant ARTHUR B. SIMMONS to report the
sexually offensive actions of Defendant BRIAN WAREHAM.
121. Plaintiff alleges on or about October 2, 2018, she met with Ms. Cicely Harris, the
Equal Employment Opportunity Officer about def-dant BRIAN WAREHAM'S sexually
Defendants'
offensive conduct and the failure of PRISCILLA TAVERAS and BETH ANN
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HOLZHAY to report his conduct.
VIOLATIONS AND CLAIMS ALLEGED
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
as Paragraphs 1 through 121 of Count I of this Verified Complaint.
123. Plaintiff alleges that New York State Executive Law § 296 et seq., makes it
unlawful to discrimiñate against any individual in the terms, conditions, or privileges of
employment because of their race.
Defendants'
124. Plaintiff alleges that THE CITY OF NEW YORK; DARCEL D.
CLARK; CHRISTINA SCACCIA; CARMEN FACCIOLO III; JEREMY SOCKETT; TERRY
GENSLER; FRANK CHIARA; TERRENCE MULDERRIG; WANDA PEREZ-MALDONADO;
OMER WICZYK; ARTHUR B. SIMMONS; BETH ANN HOLZHAY and PRISCILLA
TAVERAS discriminated against her because of her race.
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
CHIARA; TERRENCE MULDERRIG; WANDA PEREZ-MALDONADO; OMER WICZYK;
ARTHUR B. SIMMONS; BETH ANN HOLZHAY and PRISCILLA TAVERAS, she suffered
the indignity of race discrimination and great humiliation.
Defendants'
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OMER WICZYK; ARTHUR B. SIMMONS; BETH ANN HOLZHAY and PRISCILLA
TAVERAS'S violations caused her to incur significant legal costs, emotional distress, damage to
her personal and professional reputation.
COUNT II
GENDER DISCRIMINATION
IN VIOLATION OF
127. Plaintiff re-alleges paragraphs 1 through 126 and incorporates them by reference
as paragraphs 1 through 126 of Count II of this Verified Complaint.
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.
OMER WICZYK; ARTHUR B. SIMMONS; BETH ANN HOLZHAY; PRISCILLA TAVERAS
and BRIAN WAREHAM discriminated agaiñst the plaintiff based upon her gender.
130. As a direct and proximate result of the unlawful employment practices of
Defendants'
THE CITY OF NEW YORK; DARCEL D. CLARK; CHRISTINA SCACCIA;
CARMEN FACCIOLO III; JEREMY SOCKETT; TERRY GENSLER; FRANK CHIARA;
TERRENCE MULDERRIG; WANDA PEREZ-MALDONADO; OMER WICZYK; ARTHUR B.
SIMMONS; BETH ANN HOLZHAY; PRISCILLA TAVERAS and BRIAN WAREHAM
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,
damage to her personal and professional reputation.
COUNT HI
RETALIATION
IN VIOLATION OF
as paragraphs 1 through 131 of Count III of this Verified Complaint.
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'
and BRIAN WAREHAM'S unlawfully retaliated against plaintiff for compheg about the
unlawful employment practices to which she has been subjected.
Defendants'
BRIAN WAREHAM'S retaliation, violations caused her to incur significant legal costs,
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emotional distress, damage to her personal and professional reputation.
COUNT IV
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
136. Plaintiff re-alleges paragraphs 1 through 135 and incorporates them reference
by
as paragraphs 1 through 135 of Count IV of this Verified Complaint.
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
and gender discrimination are encouraged and/or tolerated.
Defeñdants'
plaintiff has suffered the indignity of race and gender discrimination and great humiliation.
Defendants'
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.
21
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COUNT V
RACE DISCRIMINATION
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
140. Plaintiff re-alleges Paragraphs 1 through 139 and incorporates them by
reference as Paragraphs 1 through 139 of Count V of this Verified Complaint.
141. Plaintiff alleges that New York City Administrative Code § 8-107, makes it
unlawful to discriminate against any individual in the terms, conditions, or privileges of
employment because of their race.
Defendants'
and BRIAN WAREHAM discriminated against her because of her race.
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
CHIARA; TERRENCE MULDERRIG; WANDA PEREZ-MALDONADO; OMER WICZYK;
ARTHUR B. SIMMONS; BETH ANN HOLZHAY; PRISCILLA TAVERAS and BRIAN
WAREHAM, she suffered the indignity of race discrimination and great humiliation.
Defendants'
22
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COUNT VI
GENDER DISCRIMINATION
IN VIOLATION OF
NEW YORK CITY ADMINSTRATIVE CODE § 8-107
as paragraphs 1 through 144 of Count VI of this Verified Complaint.
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'
CLARK; CHRISTINA SCACCIA; CARMEN FACCIOLO III; EREMY SOCKETT; TERRY
and BRIAN WAREHAM discriminated agaimt the plaintiff based upon her gender.
Defeñdañts'
CARMEN FACCIOLO III; EREMY SOCKETT; TERRY GENSLER; FRANK CHIARA;
plaintiff has suffered the indignity of gender discrimiñâtion and great humiliation.
Defendants'
CHRISTINA SCACCIA; CARMEN FACCIOLO III; EREMY SOCKETT; TERRY GENSLER;
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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
as paragraphs 1 through 149 of Count VII of this Verified Complaint.
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'
CLARK; CHRISTINA SCACCIA; CARMEN FACCIOLO III; JÉREMY SOCKETT; TERRY
and BRIAN WAREHAM üñlavefully retaliated against plaintiff for complaining about the
unlawful employment practices to which she has been subjected.
Def-aants'
BRIAN WAREHAM'S retaliation, violations caused her to incur significant legal costs,
emotional distress, damage to her personal and professional reputation.
24
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COUNT VIH
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
as paragraphs 1 through 153 of Count VIII of this Verified Complaint.
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
and gender discrimination are encouraged and/or tolerated.
Defendants'
plaintiff has suffered the of race and gender discrimination and great humiliation.
indignity
Defendants'
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.
PRAYER FOR RELIEF
25
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Wherefore, Plaintiff demands compensatory and punitive damages from
Defeñdañts'
SIMMONS; BETH ANN HOLZHAY; PRISCILLA TAVERAS and BRIAN WAREHAM, plus
any and all available statutory remedies, both legal and equitable, interests and costs.

New York, N.Y.
Respec ly submitted,
By:
Eric Sanders
Eric Sanders, Esq.

8th
30 Wall Street, FlOOr
New York, NY 10005

(212) 652-2783 (Facsimile)
Website: http://www.thesandersfirmpc.com
26
28 of 31
ATTORNEY VERIFICATION
STATE OF NEW YORK

ss:
COUNTY OF NEW YORK
ERIC SANDERS, ESQ., affirms as follows:
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
and circumstances therein.
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
matters he believes it to be true.
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
penalties of perjury and pursuant to Rule 2106 CPLR.
29 of 31

New York, N.Y.
Respec submitted,
By: _
Eric Sanders
Eric Sanders, Esq.

8"1
New York, NY 10005
(212) 652-2783 (Facsimile)
Website: httttp://www.thesandersfirmpc.com
30 of 31

COUNTY OF THE BRONX
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
Attorney; WANDA PEREZ-MALDONADO, as Bureau Chief, Public Integrity Bureau, Office

of the Bronx District Attorney; OMER WICZYK, as Deputy Bureau Chief, Public Integrity
Bureau, Office of the Bronx District Attorney ARTHUR B. SIMMONS, as Deputy
Administrative Chief, Office of the Bronx District Attorney; BETH ANN HOLZHAY, as
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'
SUMMONS WITH VERIFIED COMPLAINT
Duly submitted by: Eric Sanders, Esq.

801
New York, NY 10005

(212) 652-2783 (Facsimile)
Website: http://www.thesandersfirmuc.com
31 of 31

Crystal Rivera v. The City of New York, Et Al.

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Crystal Rivera v. The City of New York, Et Al.

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FILED: BRONX COUNTY CLERK 01/19/2019 02:16 AM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

Plaintiff, Index No.:

THE CITY OF NEW YORK; DARCEL D. CLARK, as

Relations, Office of the Bronx District Attorney; JEREMY SOCKETT,

Attorney TERRY GENSLER, as Deputy Bureau Chief, Narcotics

Bureau, Office of the Bronx District Attorney; FRANK CHIARA,

Attorney; TERRENCE MULDERRIG, as Deputy Chief Rackets

Investigator, Office of the Bronx District Attorney; WANDA

Deputy Bureau Chief, Public Integrity Bureau, Office of the Bronx

Chief, Office of the Bronx District Attorney; BETH ANN HOLZHAY,

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

_____ _______________ __________________-_________--------X

To the above-named Defendant:

stated below, an answer to the attached Verified Complaint.

demanded in the complaint, without further notice to you.

Bronx, 851 Grand Concourse, Bronx, N.Y. 10451.

Dated: January 19, 2019

Eric Sanders, Esq.

New York, NY 10005

(212) 652-2782 (Business Telephone)

(212) 652-2783 (Facsimile)

SUPREME COURT OF THE STATE OF NEW YORK

CRYSTAL RIVERA . and Jury Demand

Plaintiff, Index No.:

THE CITY OF NEW YORK; DARCEL D. CLARK, as

Relations, Office of the Bronx District Attorney; JEREMY SOCKETT,

Attorney TERRY GENSLER, as Deputy Bureau Chief, Narcotics

Bureau, Office of the Bronx District Attorney; FRANK CHIARA,

Attorney; TERRENCE MULDERRIG, as Deputy Chief Rackets

Investigator, Office of the Bronx District Attorney; WANDA

Deputy Bureau Chief, Public Integrity Bureau, Office of the Bronx

Chief, Office of the Bronx District Attorney; BETH ANN HOLZHAY,

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

CHRISTINA SCACCIA; CARMEN FACCIOLO III; JEREMY SOCKETT; TERRY GENSLER;

FRANK CHIARA; TERRENCE MULDERRIG; WANDA PEREZ-MALDONADO; OMER

WICZYK; ARTHUR B. SIMMONS; BETH ANN HOLZHAY; PRISCILLA TAVERAS and

BRIAN WAREHAM respectfully set forth and allege that:

YORK; DARCEL D. CLARK; CHRISTINA SCACCIA; CARMEN FACCIOLO III; JEREMY

SOCKETT; TERRY GENSLER; FRANK CHIARA; TERRENCE MULDERRIG; WANDA

PEREZ-MALDONADO; OMER WICZYK; ARTHUR B. SIMMONS; BETH ANN HOLZHAY;

work environment and retaliation.

JURISDICTION AND VENUE

§ 296, and New York City Administrative Code § 8-107.

2. The uñlawfill employment practices, violations of plaintiff's statutoiy rights as an

employee were committed within Bronx County.

Bronx County and employee of Defendant THE CITY OF NEW YORK.

4. Defendant THE CITY OF NEW YORK is a municipal corporation and at all

relevant times was Plaintiff s employer.

6. Defendant DARCEL D. CLARK, as District Attorney, Office of the Bronx District

7. Defendant CHRISTINA SCACCIA, as Bureau Chief, Homicide, Office of the

Bronx District Attorney.

8. Defendant CARMEN FACCIOLO III, as Deputy Division Chief, Strategic

Enforcement and Intergovernmental Relatiom, Office of the Bronx District Attorney.

9. Defendant JEREMY SOCKETT, as Executive Assistant District Attorney, Office of

the Bronx District Attorney.

of the Bronx District Attorney.

11. Defendant FRANK CHIARA, as Chief of Detective Investigators, Office of the

Bronx District Attorney.

12. Defendant TERRENCE MULDERRIG, as Deputy Chief Rackets Investigatus,

Office of the Bronx District Attorney.

13. Defeñdant WANDA PEREZ-MALDONADO, as Bureau Chief, Public Integrity

_ _ -_--------X