Brown-Harris v. City of Buffalo

Case 1:15-cv-00122 Document 1 Filed 02/10/15 Page 1 of 18
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
_____________________________________________
THEO BROWN-HARRIS,
JURY TRIAL DEMANDED
Plaintiff,
COMPLAINT
vs.
CITY OF BUFFALO,
POLICE OFFICER WILLIAM MACEY,
POLICE OFFICER JOHN BEYERS,
POLICE OFFICER HASSAN (First Name Unknown),
and Police Officers John Doe 1-10, who are known
by name to the Respondents, but as of yet are not fully
known to the Claimants,
Defendants.
______________________________________________
Plaintiff, THEO BROWN-HARRIS, as and for his Complaint against Defendants CITY
OF BUFFALO, POLICE OFFICER WILLIAM MACEY, POLICE OFFICER JOHN BEYERS,
POLICE OFFICER HASSAN (First Name Unknown), and Police Officers John Doe 1-10, who
are known by name to the Respondents, but as of yet are not fully known to the Claimants, by
and through his attorneys, HoganWillig, PLLC, herein alleges that:
PARTIES AND JURISDICTION
1. At all times herein relevant, Plaintiff THEO BROWN-HARRIS was and is a
citizen of the United States of America and a resident of the State of New York, residing at 111
Roebling Avenue, City of Buffalo, County of Erie, State of New York.
2. Upon information and belief, at all relevant times stated herein, Defendant CITY
OF BUFFALO was and is a municipal corporation organized and existing under the laws of the
State of New York, with principal offices located at 65 Niagara Square, City of Buffalo, County
of Erie, State of New York.
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HOGANWILLIG
Attorneys at Law
2410 NORTH FOREST ROAD | SUITE 301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600 | Toll Free: 800.636.5255 | Fax: 716.636.7606 | www.hoganwillig.com
OF BUFFALO operated and maintained a City department known as the City of Buffalo Police
Department (hereinafter “BPD”), with principal offices located at 74 Franklin Street, City of
Buffalo, County of Erie, State of New York.
4. Upon information and belief, BPD maintains a substation, entitled the Housing
Unit located at the Buffalo Municipal Housing Authority’s Commodore Perry Homes, 312 Perry
Street, City of Buffalo, County of Erie, State of New York.
5. Upon information and belief, at all relevant times stated herein, Defendant
POLICE OFFICER WILLIAM MACEY, was and is a natural person residing in the County of
Erie and State of New York.
POLICE OFFICER WILLIAM MACEY, was and is an employee of Defendant CITY OF
BUFFALO, specifically the City of Buffalo Police Department.
POLICE OFFICER JOHN BEYERS, was and is a natural person residing in the County of Erie
and State of New York.
POLICE OFFICER JOHN BEYERS, was and is an employee of Defendant CITY OF
POLICE OFFICER HASSAN (First Name Unknown), was and is a natural person residing in the
County of Erie and State of New York.
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Attorneys at Law
POLICE OFFICER HASSAN (First Name Unknown), was and is an employee of Defendant
CITY OF BUFFALO, specifically the City of Buffalo Police Department.
11. Upon information and belief, at all relevant times stated herein, Defendants
POLICE OFFICERS JOHN DOE 1-10 were and are natural persons residing in the County of
Erie and State of New York.
12. Upon information and belief, at all relevant times stated herein, Defendants
POLICE OFFICERS JOHN DOE 1-10 were and are employees of Defendant CITY OF
13. This action arises under New York State law and under the United States
Constitution, particularly under the provisions of the Fourth, Fifth and Fourteenth Amendments
to the Constitution and under Federal law, particularly the Civil Right Act, 42 U.S.C. § 1983.
14. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331, 28
U.S.C. § 1343 and 28 U.S.C. § 1367(a).
15. At all relevant times stated herein, all activities giving rise to the instant action
occurred within the State of New York.
16. Each of the acts of Defendants POLICE OFFICER WILLIAM MACEY, POLICE
OFFICER JOHN BEYERS, POLICE OFFICER HASSAN (First Name Unknown), and POLICE
OFFICERS JOHN DOE 1-10 were performed in the course of their employment with Defendant
CITY OF BUFFALO and the City of Buffalo Police Department, and under the color and
pretense of the laws, statutes, ordinances, regulations, customs and usages of the State of New
York, County of Erie and City of Buffalo, and under their authority and within the scope of their
employment as police officers.
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Attorneys at Law
17. Plaintiff sues Defendants POLICE OFFICER WILLIAM MACEY, POLICE
OFFICER JOHN BEYERS, POLICE OFFICER HASSAN (First Name Unknown), and POLICE
OFFICERS JOHN DOE 1-10, public employees, in both their official and individual capacities.
18. On or about the 8th of May 2014, and within ninety (90) days after the incident
herein sued upon accrued, Plaintiff served upon Defendants CITY OF BUFFALO and the City
of Buffalo Police Department, through their duly authorized agents, a written Notice of Claim
pursuant to Section 50-e of the General Municipal Law of the State of New York setting forth
the time, place, nature and manner in which the claim arose.
19. More than thirty (30) days have elapsed from the date the Notice of Claim was
served and, despite having duly produced Plaintiff on July 24, 2014 for a hearing pursuant to
Section 50-h of the General Municipal Law of the State of New York, Defendants have
neglected and refused to make payment of the claim.
20. This action was commenced within one (1) year and ninety (90) days from the
date upon which the claims, based upon New York State law, accrued.
OF BUFFALO and the City of Buffalo Police Department had a policy and custom of
unreasonably seizing and detaining citizens; unreasonably questioning detainees; use of
excessive force and of generally disregarding the rights of citizens under the United States
Constitution.
ALLEGATIONS PERTAINING TO PLAINTIFF THEO BROWN-HARRIS’ CLAIMS
22. On or about the evening of February 11, 2014, Plaintiff became aware that a
relative was being arrested, outside of the buildings comprising Buffalo Municipal Housing
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Attorneys at Law
Authority’s (hereinafter “BMHA”) Shaffer Village, at which point he went to inquire as to what
was happening.
23. Upon arriving at BMHA’s Shaffer Village, at the cross-section of Center Lane
and Ontario Street, Plaintiff was instructed, by a CITY OF BUFFALO police officer, to leave the
area.
24. As Plaintiff began walking away, in an effort to comply with the officer’s
directive, Plaintiff was stopped by a second BPD officer who requested his name and address.
Upon information and belief said officer was Defendant WILLIAM MACEY.
25. Immediately thereafter, another officer demanded that Plaintiff remove his hands
from his pockets.
26. Almost instantaneously after Plaintiff complied with said directive, by placing his
hands in the air above his head, Plaintiff was struck over the head from behind by Defendant
JOHN DOE; at which point he lost consciousness.
27. Upon regaining consciousness, Plaintiff realized that he was lying on his stomach
on the ground being beaten, kneed and kicked about the face, head and person by several
members of Defendant CITY OF BUFFALO’s Police Department. Upon information and belief
said members include, but are not limited to, Defendants WILLIAM MACEY, JOHN BEYERS,
HASSAN (First Name Unknown) and JOHN DOES 1-10.
28. Defendant JOHN DOE then handcuffed Plaintiff and Defendants WILLIAM
MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10 continued
their physical assault of Plaintiff.
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Attorneys at Law
29. Plaintiff was subsequently transported, along with two other gentlemen, by
Defendants JOHN BEYERS and JOHN DOE to the BPD Housing Unit’s Office located within
the BMHA Commodore Perry Homes.
30. Plaintiff was not informed as to why he being detained or taken into police
custody.
31. While en route, Plaintiff requested to be taken to the hospital for medical attention
as he was bleeding from several places about the face, head and mouth and was in pain. Said
request was denied.
32. Plaintiff then asked the transporting officer for his name to which said officer
replied by verbally assaulting and threatening the Plaintiff.
33. Upon arriving at the BPD Housing Unit’s Office, Plaintiff was taken into a
restroom where an officer attempted to remove blood from his face and clothing.
34. While still handcuffed, Plaintiff was then taken outside, placed into the backseat
of a BPD patrol vehicle and questioned by a BPD police officer. Upon information and belief
said officer was POLICE OFFICER JOHN BEYERS.
35. Upon being informed by the Plaintiff that he had no knowledge of any illegal
activity, Defendant BEYERS opened the door of the police car and began to repeatedly kick the
Plaintiff in the face and side of his body.
36. Upon being returned to the inside of BPD’s substation housed within the BMHA
Commodore Perry Homes, Plaintiff was not provided with medical treatment despite his
obviously injured state, as Plaintiff was still bleeding from various areas of his person and
complaining of dizziness.
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Attorneys at Law
37. Plaintiff was later transported to the Erie County Holding Center where he was
charged with various crimes.
38. Said charged were subsequently dismissed.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS:

UNREASONABLE SEIZURE AND DEPRIVATION OF LIBERTY WITHOUT DUE
PROCESS OF LAW
39. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
“1” through “38” above as though more fully set forth at length herein.
40. At the time Defendants POLICE OFFICER’s WILLIAM MACEY, JOHN
BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10 handcuffed and exercised
force upon Plaintiff, Plaintiff was not exhibiting uncooperative, disruptive or violent behavior
nor did he pose a threat to himself or others as his hands were positioned above his head or he
was lying face down on the ground with his hand behind his back.
41. At the time Defendants WILLIAM MACEY, JOHN BEYERS, HASSAN (First
Name Unknown) and JOHN DOES 1-10 held and detained Plaintiff, said Defendants did not
have probable cause or reasonable suspicion to hold and detain Plaintiff.
42. Defendants WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name
Unknown) and JOHN DOES 1-10, as officers, agents and/or employees of Defendant the CITY
OF BUFFALO, and while acting under color of state law, unreasonably detained Plaintiff
without probable cause, in direct violation of Plaintiff’s civil rights under the Fourth Amendment
of the United States Constitution, as applied to the states by the Fourteenth Amendment of the
United States Constitution, to be secure against unreasonable seizure of his person.
43. Said seizure and detention was prolonged, intrusive, unjustified and served no
governmental purpose.
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Attorneys at Law
44. The aforesaid conduct employed during the detainment and imprisonment of
Plaintiff by Defendants WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name
Unknown) and JOHN DOES 1-10 was in direct violation of Plaintiff’s civil rights under the
Fourteenth Amendment of United States Constitution to be secure against deprivations of liberty
without due process of law.
45. The aforesaid conduct of Defendants WILLIAM MACEY, JOHN BEYERS,
HASSAN (First Name Unknown) and JOHN DOES 1-10 was pursuant to a policy and custom of
Defendant CITY OF BUFFALO.
46. As a result of the foregoing, Plaintiff has been injured and damaged, and was
subjected to humiliation and embarrassment, all to Plaintiff’s damage in the sum of ONE
MILLION DOLLARS, plus punitive damages in the amount of THREE MILLION DOLLARS
against individual Defendants.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS:

EXCESSIVE USE OF FORCE
48. At the time Plaintiff was seized by Defendants WILLIAM MACEY, JOHN
BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10, Plaintiff, with his hands
raised above his head or face down on the ground handcuffed, was struck, kneed and kicked
multiple times in various areas of his face, head and person, by said Defendants.
49. Plaintiff was also repeatedly kicked in the face and side of his body by Defendant
JOHN BEYERS while handcuffed in the backseat of a BPD patrol vehicle.
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Attorneys at Law
50. The aforementioned actions of Defendants WILLIAM MACEY, JOHN BEYERS,
HASSAN (First Name Unknown) and JOHN DOES 1-10 were carried out with an excessive
amount of force.
51. Plaintiff’s hands were raised above his head when he was initially struck by
Defendant JOHN DOE.
52. During the subsequent periods following said strike, Plaintiff was unconscious
lying on his stomach, and/or handcuffed behind his back and Defendants WILLIAM MACEY,
JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10 continued to beat,
knee and kick him about the head, face and other parts of his person.
53. Plaintiff was handcuffed behind his back during the period in which Defendant
WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10
continuously kicked him in the face and sides while in the backseat of the BPD patrol vehicle.
54. At the time Plaintiff was attacked, Plaintiff was not uncooperative with
Defendants WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN
DOES 1-10, did not pose a threat to Defendants WILLIAM MACEY, JOHN BEYERS,
HASSAN (First Name Unknown) and JOHN DOES 1-10, and was not attempting to flee.
55. The application of any degree of force against Plaintiff was not warranted or
reasonable and was excessive under the circumstances.
Unknown) and JOHN DOES 1-10, as officers, agents and/or employees of Defendant CITY OF
BUFFALO, and while acting under color of state law, used excessive force against Plaintiff, in
direct violation of Plaintiff’s civil rights under the Fourth Amendment of the United States
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Attorneys at Law
Constitution, as applied to the states by the Fourteenth Amendment of the United States
Constitution, to be secure in his person.
57. The aforesaid conduct of Defendants JOHN BEYERS was pursuant to a policy
and custom of Defendant CITY OF BUFFALO.
AS AND FOR A THIRD CLAIM AGAINST ALL DEFENDANTS:

DENIAL OF MEDICAL TREATMENT
“1” through “58” of this Complaint with the same force and effect as if herein set forth at length.
60. At the time Plaintiff was seized by Defendants WILLIAM MACEY, JOHN
BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10, Plaintiff was struck, kneed
and kicked multiple times in various areas of his person, by said Defendants.
61. Plaintiff was also kicked in the face and side of his body by Defendant JOHN
BEYERS while in the backseat of the BPD patrol vehicle.
62. Following said physical attacks, Plaintiff requested to be taken to a hospital for
medical treatment as he was bleeding from several places about the face, head and mouth and
was in pain.
63. Defendants JOHN BEYERS and JOHN DOE denied said request and responded
by to verbally assaulting and threatening Plaintiff.
64. While in the custody of the BPD, Plaintiff continued to bleed from various areas
of his face, head and mouth and complain about the pain that he was experiencing.
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Attorneys at Law
65. Plaintiff was unable to obtain medical treatment until he was released from
custody.
66. Said denial of medical treatment was improper in light of the beating which
Plaintiff sustained at the hands of Defendants WILLIAM MACEY, JOHN BEYERS, HASSAN
(First Name Unknown) and JOHN DOES 1-10 and Plaintiff’s obvious physical injuries as a
result of said attacks.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST ALL DEFENDANTS:

ASSAULT
69. The actions of Defendants WILLIAM MACEY, JOHN BEYERS, HASSAN
(First Name Unknown) and JOHN DOES 1-10, wherein Defendants WILLIAM MACEY, JOHN
BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10, struck, kneed and kicked,
Plaintiff multiple times in various areas of his person and Plaintiff was repeatedly kicked in the
face and side of his body by Defendant JOHN BEYERS while in the backseat of the BPD patrol
vehicle, placed Plaintiff in apprehension of an imminent harmful and offensive bodily contact.
70. The aforesaid assault on Plaintiff was unwarranted, unjustified and unprovoked
by Plaintiff and was without Plaintiff’s consent.
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Attorneys at Law
71. The injuries and damages sustained by Plaintiff herein were caused solely and
wholly through the intentional and malicious acts of Defendants herein, without any negligence
on the part of Plaintiff contributing thereto.
72. The aforesaid assault was performed in furtherance of Defendants WILLIAM
MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10’s
employment with Defendant CITY OF BUFFALO.
AS AND FOR A FIFTH CAUSE OF ACTION AGAINST ALL DEFENDANTS:

BATTERY
Unknown) and JOHN DOES 1-10 intentionally, wantonly and recklessly struck, kneed and
kicked, Plaintiff multiple times in various areas of his person and Defendant JOHN BEYERS
repeatedly kicked Plaintiff in the face and side of his body while in the backseat of a BPD patrol
vehicle.
76. Said physical contact was offensive in nature and was performed without the
consent of Plaintiff.
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Attorneys at Law
77. The aforesaid battery was unprovoked by Plaintiff, unwarranted, unjustified and
in violation of § 35.30 of the Penal Law of the State of New York and § 140.15 of the Criminal
Procedure Law of the State of New York.
78. The aforesaid battery was performed in the furtherance of Defendants WILLIAM
MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10’s
employment with Defendant CITY OF BUFFALO.
AS AND FOR A SIXTH CAUSE OF ACTION AGAINST DEFENDANTS

WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES
1-10: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
face and side of his body by Defendant JOHN BEYERS while in the backseat of a BPD patrol
vehicle, were outrageous, shocking and exceeded all reasonable bounds of decency.
82. The aforesaid actions of Defendants WILLIAM MACEY, JOHN BEYERS,
HASSAN (First Name Unknown) and JOHN DOES 1-10 were made with the intention of
causing Plaintiff severe emotional distress.
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Attorneys at Law
83. The aforesaid actions were performed in the furtherance of Defendants
WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-
10’s employment with Defendant CITY OF BUFFALO.
AS AND FOR A SEVENTH CAUSE OF ACTION AGAINST DEFENDANTS

WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES
1-10: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
face and side of his body by Defendant JOHN BEYERS while in the backseat of a BPD patrol
vehicle, caused Plaintiff emotional distress.
87. The aforesaid incident was caused wholly and solely as a consequence of the
carelessness of Defendants and without any negligence on the part of Plaintiff contributing
thereto.
88. The aforesaid actions were performed in the furtherance of Defendants
WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-
10’s employment with Defendant CITY OF BUFFALO.
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Attorneys at Law
89. As a result of Defendants’ actions, Plaintiff suffered serious emotional distress.
AS AND FOR AN EIGHTH CAUSE OF ACTION AGAINST

DEFENDANT CITY OF BUFFALO:
NEGLIGENT HIRING, TRAINING AND SUPERVISION
92. Upon information and belief, Defendant CITY OF BUFFALO and the City of
Buffalo Police Department, their agents, servant and employees hired Defendants WILLIAM
MACEY, JOHN BEYERS, HASSAN (First Name Unknown) and JOHN DOES 1-10 to perform
work as Officers of Defendant CITY OF BUFFALO and the City of Buffalo Police Department.
93. Upon information and belief, Defendant CITY OF BUFFALO and the City of
Buffalo Police Department, their agents, servants and employees, trained said Defendants to
perform work as Officers of Defendant CITY OF BUFFALO and the City of Buffalo Police
Department.
94. Defendant CITY OF BUFFALO and the City of Buffalo Police Department were
negligent in the hiring of said Defendants in that they knew, or in the exercise of reasonable care
should have known, that said Defendants did not possess the temperament and psychological
makeup to determine when and what level of force is necessary, how to appropriately carryout
said force and to conduct detentions, detainee questioning and otherwise properly carry out their
duties as responsible and law abiding police officers.
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Attorneys at Law
negligent in the training of said Defendants in that they failed to train said Defendants in the
proper bases for/ use of force and the proper levels thereof, scope of detentions, scope of
questioning detainees and in the rights of citizens under the United States Constitution in
general.
negligent in the supervision of said Defendants in that they permitted said Defendants to: detain
citizens without reasonable suspicion or probable cause, use force without probable cause,
unreasonably detain citizens, unreasonably question detainees and encouraged an atmosphere of
disregard of the Fourth Amendment rights of citizens under the United States Constitution and
failed to discipline officers who committed such offenses.
MILLION DOLLARS.
WHEREFORE, the Plaintiff demands judgment against Defendants as follows:
a) on the first cause of action in the sum of ONE MILLION DOLLARS
($1,000,000), plus THREE MILLION DOLLARS ($3,000,000) against the individual
Defendants in their individual capacities; and/or
b) on the second cause of action in the sum of ONE MILLION DOLLARS
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Attorneys at Law
c) on the third cause of action in the sum of ONE MILLION DOLLARS
d) on the fourth cause of action in the sum of ONE MILLION DOLLARS
e) on the fifth cause of action in the sum of ONE MILLION DOLLARS
f) on the sixth cause of action in the sum of ONE MILLION DOLLARS
g) on the seventh cause of action in the sum of ONE MILLION DOLLARS
h) on the eighth cause of action in the sum of ONE MILLION DOLLARS
($1,000,000); and/or
i) costs and disbursements of this action and attorneys’ fees pursuant to 42 U.S.C. §
1988(b); and/or
j) for such other relief as this Court may deem just, proper and equitable.
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Attorneys at Law
Dated: Amherst, New York

February 10, 2015
/s/Steven M. Cohen, Esq.

Steven M. Cohen, Esq.
HOGANWILLIG, PLLC
Attorneys for Plaintiff
2410 North Forest Road, Suite 301
Amherst, New York 14068
Telephone: (716) 636-7600
scohen@hoganwillig.com
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Attorneys at Law

Brown-Harris v. City of Buffalo

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Case 1:15-cv-00122 Document 1 Filed 02/10/15 Page 1 of 18

UNITED STATES DISTRICT COURT

OF BUFFALO, POLICE OFFICER WILLIAM MACEY, POLICE OFFICER JOHN BEYERS,

and through his attorneys, HoganWillig, PLLC, herein alleges that:

PARTIES AND JURISDICTION

1. At all times herein relevant, Plaintiff THEO BROWN-HARRIS was and is a

Roebling Avenue, City of Buffalo, County of Erie, State of New York.

of Erie, State of New York.

Buffalo, County of Erie, State of New York.

Street, City of Buffalo, County of Erie, State of New York.

Erie and State of New York.

POLICE OFFICER WILLIAM MACEY, was and is an employee of Defendant CITY OF

BUFFALO, specifically the City of Buffalo Police Department.

and State of New York.

POLICE OFFICER JOHN BEYERS, was and is an employee of Defendant CITY OF

BUFFALO, specifically the City of Buffalo Police Department.

County of Erie and State of New York.

CITY OF BUFFALO, specifically the City of Buffalo Police Department.

Erie and State of New York.

BUFFALO, specifically the City of Buffalo Police Department.

U.S.C. § 1343 and 28 U.S.C. § 1367(a).

occurred within the State of New York.

employment as police officers.

17. Plaintiff sues Defendants POLICE OFFICER WILLIAM MACEY, POLICE

neglected and refused to make payment of the claim.

unreasonably seizing and detaining citizens; unreasonably questioning detainees; use of

ALLEGATIONS PERTAINING TO PLAINTIFF THEO BROWN-HARRIS’ CLAIMS

from his pockets.

JOHN DOE; at which point he lost consciousness.

HASSAN (First Name Unknown) and JOHN DOES 1-10.

their physical assault of Plaintiff.

the BMHA Commodore Perry Homes.

request was denied.

replied by verbally assaulting and threatening the Plaintiff.

said officer was POLICE OFFICER JOHN BEYERS.

Plaintiff in the face and side of his body.

charged with various crimes.

38. Said charged were subsequently dismissed.

AS AND FOR A FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS:

40. At the time Defendants POLICE OFFICER’s WILLIAM MACEY, JOHN

have probable cause or reasonable suspicion to hold and detain Plaintiff.

42. Defendants WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name

United States Constitution, to be secure against unreasonable seizure of his person.

Plaintiff by Defendants WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name

Fourteenth Amendment of United States Constitution to be secure against deprivations of liberty

without due process of law.

45. The aforesaid conduct of Defendants WILLIAM MACEY, JOHN BEYERS,

Defendant CITY OF BUFFALO.

against individual Defendants.

AS AND FOR A SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS:

JOHN BEYERS while handcuffed in the backseat of a BPD patrol vehicle.

50. The aforementioned actions of Defendants WILLIAM MACEY, JOHN BEYERS,

Defendant JOHN DOE.

reasonable and was excessive under the circumstances.

56. Defendants WILLIAM MACEY, JOHN BEYERS, HASSAN (First Name

Constitution, to be secure in his person.

and custom of Defendant CITY OF BUFFALO.

against individual Defendants.

AS AND FOR A THIRD CLAIM AGAINST ALL DEFENDANTS:

BEYERS while in the backseat of the BPD patrol vehicle.

by to verbally assaulting and threatening Plaintiff.

result of said attacks.

against individual Defendants.

AS AND FOR A FOURTH CAUSE OF ACTION AGAINST ALL DEFENDANTS: