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1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK X JANE DOE, -against- Plaintiff, COUNTY OF ULSTER, ULSTER COUNTY SHERIFF S DEPARTMENT, and DEPUTY SHERIFF JEFFREY GESKIE, in his individual and official capacity, Defendants x I. INTRODUCTION COMPLAINT/ JURY DEMAND Case No: 1. This is an action against the defendant parties, individually and collectively, and in their individual and official capacities, for the violation of the plaintiff s Federally guaranteed Constitutional and Civil Rights, State Guaranteed Constitutional and Civil Rights, and the plaintiff s rights as otherwise guaranteed under law, including, but not limited to, the Criminal Procedure Law of the State of New York, the Civil Rights Law of the State of New York, the U. S. Constitution, as well as 42 U.S.C. Section 1983 and all tort claims for assault, battery, intentional affliction of emotional harm, and negligent affliction of emotional harm. Courthouse News Service 2. This case arises out of incidents which commenced on June 2, 2008, and all points prior in which the County of Ulster and the Ulster County Sheriff's Department hired 1

2 and allowed Deputy Jeffrey Geskie to continue as a police officer. The specific incident arose on or near Route 213 in High Falls, New York, and previous at the Ulster County Sheriff's office, located at 380 Boulevard, Kingston, New York. 3. At the time of the offense and offenses, the County of Ulster and Ulster County Sheriff's Department and senior officials thereof failed to properly examine this officer's previous work history and his general nature and allowed him to carry out acts and actions that they knew or should have known were occurring in derogation of his duty as a police officer, such as those that were exacted upon the plaintiff and others similarly situated. 4. The plaintiff, who was an infant at the time of this incident, herein was subject to sexual assault, sexual abuse, forceful sexual touching and improper application of authority all under color of law and in violation of Federally guaranteed rights. The entire wrongful acts of this officer were brought on as a result of the negligence, recklessness, carelessness and failure of the municipality, their agents, servants and/or employees in both their official and individual capacities as well as due to the negligent hiring, training and supervision of Deputy Jeffrey Geskie. 5. As a result of Deputy Geskie's prior and ongoing incidents and actions, the County of Ulster and Ulster County Sheriff's Department should have been aware and/or taken action to remove him from the police force. 6. The Ulster County Sheriff's Department has officially promulgated a 2

3 policy which has been endorsed or ordered by the municipality, specifically, the County of Ulster, in that it has allowed violent, dangerous and threatening police officers to remain on the police force and in contact with the public at large without any appropriate training, discipline and/or removal processes to occur. 7. Within the Ulster County Sheriff's Department, there exists a custom or practice that condoned Deputy Geskie's behavior and violent work history and that was so pervasive and widespread that the County of Ulster had either actual or constructive knowledge that it was ongoing. The Ulster County Sheriff's Department failed to investigate and take appropriate action against Deputy Geskie who had a myriad of prior and continual incidents involving violent acts upon the citizenry and repeated violations of individuals' constitutional rights. The failure of the Ulster County Sheriff's Department and the County of Ulster to train and supervise its employees and, specifically, Deputy Geskie, rises to a level of deliberate indifference to the Constitutional rights of others and the public at large. As a result of Deputy Geskie's prior actions, the County of Ulster and the Ulster County Sheriff's Department should have been aware and/or taken action to remove him from the police force and from specific duties in which he could continue in inflict harm and violate the rights of the public at large. 8. The plaintiff seeks monetary damages for the above-referenced actions by defendants, County of Ulster, Ulster County Sheriff's Department and Deputy Jeffrey Geskie, individually and in his official capacity, for false arrest and detention of the plaintiff; sexual assault; assault; battery; violations of 42 U. S. C. Section 1983; for violating the 3

4 plaintiff's Federally guaranteed Constitutional and civil rights and her rights under the laws and the Constitution of the State of New York, as well as for violations including but not limited to the intentional infliction of emotional distress; negligence, reckless and carelessness of the defendants, their agents, servants and/or employees in both their individual and official capacities; and seeks damages including but not limited pain and suffering, economic loss, statutory damages and costs and attorneys' fees of this action. II. JURISDICTION 9. Jurisdiction of this Court is invoked pursuant to and under 28 U.S.C. Sections 1331 and 1343 [3] and [4] in conjunction with the Civil Rights Act of 1871, Section 42 U.S.C. Section 1983, and the Fourth and Fourteenth Amendments to the United States Constitution. 10. Jurisdiction is also invoked pursuant to and under 28 U.S.C. Section 1367, entitled Supplemental Pendent Party Jurisdiction. 11. The plaintiff requests that the Court exercise its powers to invoke pendent claim and pendent party jurisdiction. 12. The State law claims have a common nucleus of operative fact with the Federally based claims and they arise out of the same transaction and occurrence giving rise to the plaintiff s Federally based claims and causes of action. 13. The value of the rights in question is in excess of FIVE MILLION and NO/100 ($5,000,000.00) DOLLARS exclusive of interest, costs, and attorneys fees. 4

5 14. This is an action in which the plaintiff seeks relief for the violation of her rights as guaranteed under the laws and Constitutions of the United States and of the State of New York. III. PARTIES 15. The plaintiff is a resident of the County of Ulster, State of New York. Plaintiff resides at Ulster Park, New York Ulster County is a municipal entity existing under the laws and constitution of the State of New York. The Ulster County Sheriff s Office is an official police enforcement agency within the County of Ulster, existing under the applicable laws and Constitution of the State of New York. 17. Deputy Sheriff Jeffrey Geskie is a Deputy Sheriff of the Ulster County Sheriff s Department, and is the police officers who seized and did sexually assault; assault; batter; and otherwise utilized and employed unnecessary force against the plaintiff. Defendant Deputy Sheriff Jeffrey Geskie is, as well, the individual who violated plaintiff s rights as protected by the United States Constitution and the New York State Constitution. Deputy Sheriff Jeffrey Geskie who engaged in negligent, careless, reckless, and intentional acts including but not limited to sexual assault, assault, battery, intentional infliction of emotional harm and negligent infliction of emotional harm. Deputy Sheriff Jeffrey Geskie is an agent and employee of the Ulster County Sheriff s Department and the County of Ulster. 18. Notwithstanding the wrongful and illegal nature of Deputy Jeffrey 5

6 Geskie's prior acts which are well documented and known to the Ulster County Sheriff's Department, the said deputy was taken in by defendant, Ulster County Sheriff s Office and County of Ulster as a law enforcement officer and was allowed to continue to continue work in that regard despite numerous known civil rights violations and violent acts. The Ulster County Sheriff's Office failed to properly examine this officer's previous work history and nature and allowed him to carry out incidents such as those exacted on the plaintiff herein, and incidental to the otherwise lawful performance of the same, conducted and engaged in the acts complained of herein. IV. ALLEGATIONS 19. Plaintiff is currently 18 years old. 20. The plaintiff resides at Ulster Park, New York The incident giving rise to this litigation concerning the unlawful arrest and unlawful treatment and assault of the plaintiff occurred on June 2, 2008 at approximately two o'clock in the afternoon in the Town of Marbletown, County of Ulster and State of New York. At that time the plaintiff was lawfully sunbathing in an area at or near Route 213 in the Town of Marbletown, County of Ulster and State of New York. Deputy Sheriff Jeffrey Geskie approached the plaintiff who was an infant at the time indicating in sum or substance that she was committing the violation of trespass. Deputy Sheriff Jeffrey Geskie then, without probable cause and/or right, began to search the plaintiff's closed pocketbook without right or permission. 6

7 22. Deputy Sheriff Geskie then indicated in sum or substance that if the plaintiff did not remove her clothes, she would be arrested, placed in prison and he would notify her prospective college institution of her arrest and possession of drug paraphernalia. Deputy Geskie the recorded the name of her future college in a note. Deputy Geskie, while in full uniform and with his service weapon on his person indicated to the plaintiff that, in sum or substance, that she had three options: (1) go to prison and have her school informed of her arrest; (2) perform oral sex upon him; or (3) have sexual intercourse with him. Deputy Geskie further ordered the plaintiff that upon the removal of all of her clothes, she was spin around for him several times so that he could see all of her exposed, naked body. Under color of law and under direct threat of incarceration and imprisonment, Deputy Sheriff Jeffrey Geskie did force the plaintiff to have oral sex with him including ejaculating in the plaintiff's mouth and face. Deputy Sheriff Jeffrey Geskie forced her to perform oral sex while he was wearing his uniform and under the threat of incarceration. 23. Deputy Sheriff Jeffrey Geskie committed the following criminal acts upon the plaintiff: Sexual Abuse I; Sexual Abuse in the 2 nd Degree; Sexual Abuse in the 3 rd Degree; Assault; Harassment; and otherwise grossly violated the Federal and State guaranteed civil rights of the plaintiff. 24. The actions taken by the defendant police officer herein were propelled by a practice and policy of the defendants The actions taken against plaintiff by the defendants herein were propelled by a policy and practice of the defendants which promoted and condoned the violent and threatening behavior of this officer and, therefore, made this type or 7

8 similar assault upon members of the public likely. The County of Ulster and the Ulster County Sheriff's Department's failure to train, supervise and/or discipline Deputy Geskie for his previous criminal, unlawful land well-publicized prior violent acts rises to the level of deliberate indifference to the Constitutional rights of the public at large. The failure of the municipality, County of Ulster, and the Ulster County Sheriff's Department's practice of failure to discipline its officers, even upon written and actual notice of their prior violent and unlawful acts, constitutes a custom or practice that is pervasive and widespread. 25. The County of Ulster and Ulster County Sheriff's Department was made aware in written prior complaints, and two prior civil rights claims brought against Deputy Jeffrey Geskie that he was a danger to society. The County of Ulster and Ulster County Sheriff's Department was present in several depositions in which victimized members of society and the public at large testified concerning Deputy Sheriff Geskie's prior actions and how specifically Deputy Sheriff Geskie's prior acts as a police officer grossly ignored the civil rights of citizens. 26. On two separate occasions, Deputy Sheriff Geskie, the County of Ulster and the Ulster County Sheriff's Department have been sued by members of the public for his violent and unconstitutional, unlawful acts. (See attached Exhibit A, Boos v County of Ulster, Ulster County Sheriff's Department and Deputy Jeffrey Geskie - Case Number 1:07-cv filed on 8/15/07, and Exhibit B, Krom v County of Ulster, Ulster County Sheriff's Department and Deputy Jeffrey Geskie - Case Number 06-CV-0760 filed on June 19, 2006) 8

9 27. Upon information and belief, following the previous complaints against Deputy Sheriff Geskie, no action was taken by the municipality, County of Ulster, or the Ulster County Sheriff's Department. More egregious is the fact that the Ulster County Sheriff's Department awarded Deputy Sheriff Jeffrey Geskie meritorious service awards for 2005, 2006 and 2007 despite having knowledge of his previous unlawful acts against citizens and the public at large. Said awards condoned the acts of Deputy Geskie. 28. Plaintiff, as a result, suffered a violation of her Federally guaranteed Constitutional and Civil Rights including rights guaranteed to her under the First, Fourth, and Fourteenth amendments to the United States Constitution and the Civil Rights Act of 1871, 42 U.S.C. Section 1983, as well as common law causes of action for assault, battery and sexual assault. 29. The actions taken against the plaintiff by the defendants herein were propelled by a policy and practice of the defendants which exhibits deliberate indifference to the constitutional rights of others and exhibited a custom or practice that was so pervasive and widespread within the County of Ulster and the Ulster County Sheriff's Department such that the County had either actual or constructive knowledge of these acts. 30. The aforesaid policies and practices of the defendants violate the rights of plaintiff under the Federal and State law including the First, Fourth, and Fourteenth amendments to the United States Constitution and the Civil Rights Act of 1871, 42 U. S. C. Section 1983, and tort claims for assault, sexual assault and battery. 31. The actions and conduct of all of the defendants involved and the policy 9

10 and practice of the defendants involved are negligent, reckless, and intentional and the proximate cause of damages to plaintiff. 32. Plaintiff was subject to humiliation, pain and suffering, and embarrassment, physical assault, risk of sexual disease, unlawful imprisonment, criminal sexual act because of the actions and conduct and policies and practices described herein. Moreover, plaintiff was placed in serious fear and will suffer a permanent psychological injuries of the policies and practices herein described. 33. Lastly, plaintiff was caused to suffer serious economic damages as a result of medical treatment which, upon information and belief, will extend throughout her life. 34. The actions and conduct and policy and practices herein described caused plaintiff to undergo pain and suffering and severe emotional distress in having to be subjected to sexual assault, assault, sodomy and criminal sexual acts at the hand of Deputy Sheriff Geskie. 35. The defendants acted together and in concert sanctioning and ratifying and otherwise condoning the prior wrongful acts being taken by each of the defendants in a collective manner and fashion. 36. The defendants were under an obligation to intercede when each saw the other engaging in wrongful conduct in order to prevent and/or to stop another defendant from engaging in the wrongful conduct being practiced against the plaintiff. Defendants failure to do so reinforces and is reflective of the policy and practice that exists, whereby police officer's gross constitutional offense occur without investigation by the County of Ulster and 10

11 the Ulster Sheriff's Department and without any action to prevent same from reoccurring. 37. The plaintiff has no other adequate remedy at law but for this action. FIRST CAUSE OF ACTION: 38. The plaintiff repeats, reiterates, and realleges Paragraph Numbers 1 through 37 and incorporates such by reference herein. 39. The actions and conduct of the defendants violated the plaintiff s constitutional and civil rights as guaranteed under the Civil Rights Act of 1871, 42 U. S. C., Section 1983, and the First, Fourth, and Fourteenth amendments to the United States Constitution, and tort claims for assault, sexual assault and battery, and, among other things, without necessarily being exhaustive, causing plaintiff to be wrongfully imprisoned, assaulted, sexually assaulted without cause of reason by subjecting the plaintiff to excessive and unnecessary force and by subjecting the plaintiff to the malicious abuse of criminal process. 40. The plaintiff suffered injuries and damages as a result. SECOND CAUSE OF ACTION: 41. The plaintiff repeats, reiterates, and realleges Paragraphs Number 1 through 40 and incorporates such by reference herein. 42. The actions and conduct of the defendants violated the plaintiff s rights as guaranteed under the laws of the State of New York being that plaintiff was searched and imprisoned without probable cause within that context, and subjected to violent and unlawful sexual assault and contact and was subjected to malicious abuse of criminal process as it is defined under New York Law. 11

12 43. As a result, plaintiff suffered injuries and damages. THIRD CAUSE OF ACTION: 44. The plaintiff repeats, reiterates, and realleges Paragraphs Number 1 through 43 and incorporates such by reference herein. 45. The policy and practice of the defendants as described herein violated the plaintiff s rights as guaranteed under the Civil Rights Act of 1871, 42 U. S. C. Section 1983, and the First, Fourth and Fourteenth Amendments to the United States Constitution in that the County of Ulster and the Ulster County Sheriff's Department allowed a custom or practice to exist at the Ulster County Sheriff's Department that was so pervasive and widespread that the municipality itself had either actual or constructive knowledge that said offensive behavior was occurring. Additionally, the failure of the County of Ulster and the Ulster County Sheriff's Department to train or supervise it's employees, and specifically, Deputy Sheriff Geskie, rose to the level of deliberate indifference to the constitutional rights of others and that this negligence and unlawful acts of the municipality, County of Ulster, and the Ulster County Sheriff's Department were the proximate cause of the plaintiff's injuries herein The plaintiff suffered injuries and damages. FOURTH CAUSE OF ACTION: 47. The plaintiff repeats, reiterates and realleges Paragraphs Number 1 through 46 and incorporates such by reference herein. 46. Pursuant to and under pendent party jurisdiction and independent of any direct liability, the defendants, County of Ulster and Ulster County Sheriff s Department, are responsible, under state law and pendent party and pendent claim jurisdiction, for the 12

13 wrongful conduct of the defendant, Deputy Sheriff Jeffrey Geskie, under the doctrine of respondeat superior. SIXTH CAUSE OF ACTION: 49. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 48 and incorporates such by reference herein. 50. The plaintiff was subjected to unnecessary and excessive force in violation of her rights under the Fourth amendment of the United States Constitution and the Civil Rights Act of 1871, 42 U. S. C. Section 1983 as well as any appropriate State tort claims. 51. The plaintiff suffered injuries and damages. SEVENTH CAUSE OF ACTION: 52. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 51 and incorporates such by reference herein. 53 The plaintiff was subject to a battery in violation of her rights under the laws and Constitution of the State of New York. 54. The plaintiff suffered injuries and damages. EIGHTH CAUSE OF ACTION: 55. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 54 and incorporates such by reference herein. 56. The plaintiff was subjected to an unlawful imprisonment in that she was seized without probable cause and subjected to de facto imprisonment as a result of the actions of Deputy Sheriff Geskie. 57. Such actions violated the plaintiff s rights under the First, Fourth, and 13

14 Fourteenth amendments of the United States Constitution and the Civil Rights Act of 1871 as well as 42 U. S. C. Section The plaintiff suffered injuries and damages. NINTH CAUSE OF ACTION: 59. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 58 and incorporates such by reference herein. 60. The plaintiff was subjected to intentional infliction of emotional distress and negligent infliction of emotional distress in violation of her rights under the laws of the State of New York. 61. The plaintiff suffered injuries and damages. TENTH CAUSE OF ACTION: 62. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 61 and incorporates such by reference herein. 63. The plaintiff was subject to malicious abuse of criminal process and the violation of her rights under the First, Fourth, and Fourteenth amendments to the United States Constitution and the Civil Rights Act of 1871 as well as 42 U. S. C. Section The plaintiff suffered injuries and damages. ELEVENTH CAUSE OF ACTION: 65. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 64 and incorporates such by reference herein. 66. The defendants, have an obligation to report wrongdoing on the part of each other. 14

15 67. The failure to do so and to intervene when one defendant observes another defendant engaged in ongoing wrongful conduct is part and parcel of the relationship between the respective defendants and is a de facto policy and practice which is accepted and condoned by the respective defendants. 68. The actions and conduct and policy and practice in this respect and as implemented herein violate the plaintiff s rights under the laws of the constitution of the state, as well as, under the First, Fourth, and Fourteenth amendments to the United States Constitution and the Civil Rights Act of 1871 as well as 41 U. S. C. Section The plaintiff suffered injuries and damages. TWELFTH CAUSE OF ACTION: 70. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 63 and incorporates such by reference herein. 71. The plaintiff, through the acts and conduct of Deputy Sheriff Geskie and as condoned by the County of Ulster and the Ulster County Sheriff's Department, was assaulted, sexually and otherwise, all in violation of the New York State Tort Law. 72. The plaintiff suffered injuries and damages. THIRTEENTH CAUSE OF ACTION: 73. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 72 and incorporates such by reference herein. 74. The actions, conduct, policy, and practice of the defendants as described herein constitutes negligence, carelessness, and recklessness. 15

16 75. The plaintiff suffered injuries and damages as a result of the same. FOURTEENTH CAUSE OF ACTION: 76. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 69 and incorporates such by reference herein. 77. Defendants engaged in intentional acts, as described hereinabove, including battery, wrongful arrest, wrongful detention, malicious prosecution, and intentional infliction of emotional distress, all in violation of both Federal mandates and New York State Law. 78. The plaintiff suffered injuries and damages as a result of the same. FIFTEENTH CAUSE OF ACTION 79. The plaintiff repeats, reiterates and realleges Paragraphs Numbers 1 through 78 and incorporates such by reference herein. 80. The plaintiff was caused, due to the negligence and recklessness of the defendants, to suffer significant economic damages including present and ongoing medial and psychiatric treatment, which, upon information and belief, will continue throughout and be necessary throughout the plaintiff's life. 81. The plaintiff suffered injuries and damages as a result of the same. WHEREFORE, and in light of the foregoing, it is respectfully requested that the Court assume jurisdiction herein and thereafter: a. Assume pendent party and pendent claim jurisdiction; b. Award the plaintiff $5,000, in compensatory damages 16

17 and $10, in punitive damages, or any other amount determined at trial; c. Award reasonable costs and attorneys fees; d. Award such other and further relief as the Court deems appropriate and just; e. Convene and impanel a jury. Dated: January 26, 2009 MAINETTI, MAINETTI & O CONNOR, P. C. _/s/ Joseph E. O'Connor BY: JOSEPH E. O'CONNOR Bar Code # Attorneys for Plaintiff Office and P. O. Address 303 Clinton Avenue, P. O. Box 3058 Kingston, New York (845)