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MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2475023
Book Page CIVIL
Return To:CHARLES FRANCIS BURKWIT
No. Pages: 22
Instrument: EFILING INDEX NUMBER
Control #: 202008280167Index #: E2020006581
Date: 08/28/2020
WATFORD, DASHONDA D. MITCHELL, JUSMEIR NOBLE, JESSE M. IV
Time: 9:30:18 AM
EDWARDS, CONNOR STERLING, DEREK PEDICONE, ANTHONY MENDEZ, GIOVANNI DOES, JOHN
State Fee Index Number $165.00 County Fee Index Number $26.00 State Fee Cultural Education $14.25 State Fee RecordsManagement
$4.75
Total Fees Paid: $210.00
Employee: MJ
State of New York
MONROE COUNTY CLERK’S OFFICEWARNING – THIS SHEET CONSTITUTES THE CLERKSENDORSEMENT, REQUIRED BY SECTION 317-a(5) &SECTION 319 OF THE REAL PROPERTY LAW OF THESTATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
FILED: MONROE COUNTY CLERK 08/27/2020 02:12 PM INDEX NO. E2020006581NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2020
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STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
DASHONDA D. WATFORD, Individually andAs Parent and Natural Guardian of dusmeir
Mitchell, An Infant
62 Marlborough RoadRochester, New York 14619; and
SUMMONS
Index No.
JESSE Μ.ΝΟΒΙΕ, IV62 Marlborough RoadRochester, New York 14619
Plaintiffs
vs.
CONNOR EDWARDS
185 Exchange BoulevardRochester, New York 14614
DEREK STERIING
185 Exchange BoulevardRochester, New York 14614
ANTHONY PEDICONE
185 Exchange BoulevardRocliester, New York 14614
GIOVANNI MENDEZ
185 Exchange BoulevardRochester, New York 14614
JOHN DOES 1-5
185 Exchange BoulevardRochester, new York 14614; and
CITY OF ROCHESTER
30 Church Street, Room 400ΑRochester, New York 14614,
Defendants.
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٢٠ THE AB.VE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and requl٢ed 0؛ serve upon p!alnt!ffs'attorneys an answer to the C0mp!a!nt In this action within twenty (20) days after theservice of this summons, exclusive of the day of service, or within thirty (30) days afterservice is complete if this summons is not personally delivered to you within the state ofNew York. In case of your failure to answer, judgment will be taken against you 'bydefault for the relief demanded in the complaint.
The basis of the venue designated is the residence of the Plaintiffs
which is:
62 Marlborough Road, City of Rochester,County of Monroe and state of New York.
Roctiester, New YorkAugust 24, 2026
DATED:Yours, etc.
BURKWIT LAW FIRM, PLLC
By;Charles F. Burkwit, Esq.Attorneys for Plaintiffs16 East Main street. Suite 450Rochester, New York 14614(585) 546-1588
TO: CONNOR EDWARDS
185 Exchange BoulevardRochester, New York 14614
DEREK STERLING
185 Exchange BoulevardRochester, New York 14614
ANTHONY PEDICONE
185 Exchange BoulevardRochester, New York 14614
GIOVANNI MENDEZ
185 Exchange BoulevardRochester, New York 14614
2
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JOHN DOES 1-5
185 Exchange B٥u!e٧a٢dRochester newYo٢k 14614
0!ΤΥ OF ROCHESTER
36 Church Street, Room 4٥0ΑRochester, New York 14614
3
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STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
DASHONDA D. WATFORD, Individually and AsParent and Natural Guardian of Jusmeir MitchellAn Infant, and JESSE M. NOBIE, IV,
COMPLAINTPlaintiffs,
vs.
Index No.
CONNOR EDWARDS, DEREK STERIING,ANTHONY PEDICONE, GIOVANNI MENDEZ,JOHN DOES 1-5 and CITY OF ROCHESTER,
Defendants.
Plaintiffs DASHONDA D. WATFORD, Individually and As Parent and Natural
Guardian of Jusmeir Mitchell, an Infant, and JESSE M. NOBLE, IV (hereinafter
“Plaintiffs”), by and through their attorneys, Burkwit law Firm, PllC, as and for their
Complaint against Defendants CONNOR EDWARDS, DEREK STERIING, ANTHONY
PEDICONE, GIOVANNI MENDEZ, JOHN DOES 1-5 (hereinafter “The Defendant
Officers”) and CITY OF ROCHESTER (hereinafter and collectively "Defendants”),
allege as follows:INTROD-
1 this is an action for monetary damages for violations of plaintiff's
constitutional rights brought pursuant to 42 U.S.C. 1983, 1988 and related New York
State law claims. Plaintiffs allege that the Defendants, while acting in their official
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capacl؛!es and under co!٥r of state law falsely arrested, illegally searched and seized
and used unlawful and excessive force against Plaintiffs in violation of the Fourth and
Fourteenth Amendments to the United States Constitution.
PARTIES
2. At all times relevant herein. Plaintiff DASHONDA D. WATFORD, Individually
and As Parent and Natural Guardian of Jusmeir Mitchell, an Infant (hereinafter "Plaintiff
Watford”), was and still is a resident of the City of Rochester, County of Monroe and
State of New York.
3. At all times relevant herein. Plaintiff Watford was and still is the parent and
natural guardian of Jusmeir Mitchell, an infant (hereinafter "The Infant Plaintiff').
4. At all times relevant herein. Plaintiff UESSE M. NOBIE, IV (hereinafter
"Plaintiff Noble”), was and still is a resident of the City of Rochester, County of Monroe
and State of New York.
5. At all times relevant herein. Defendant CONNOR EDWARDS (hereinafter
"Defendant Edwards”) was and still is a resident of the County of Monroe and state of
New York and was employed by Defendant CITY OF ROCHESTER as a police officer.
6. At all times relevant herein. Defendant Edwards was acting under color of law
and is sued in his individual and official capacities as a police officer for the Defendant
CITY OF ROCHESTER.
7. At all times relevant herein. Defendant DEREK STERLING (hereinafter
"Defendant sterling”) was and still is a resident of the County of Monroe and state of
New York and was employed by Defendant CITY OF ROCHESTER as a police officer.
8. At all times relevant herein. Defendant sterling was acting under color of law
and is sued in his individual and official capacities as a police officer for the Defendant
CITY OF ROCHESTER.
2
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9. At all times ٢elevant herein. Defendant ANTHONY PEDICONE (hereinafter
“Defendant Pedicone") was and still is a resident of the County of Monroe and state of
New York and was employed by Defendant CITY OF ROCHESTER as a police officer.
lo.At all times relevant herein. Defendant Pedicone was acting under color of law
and is sued in his individual and official capacities as a police officer for the Defendant
CITY OF ROCHESTER.
11 .At all times relevant herein. Defendant GIOVANNI MENDEZ (hereinafter
“Defendant Mendez") was and still is a resident of the County of Monroe and state of
New York and was employed by Defendant CITY OF ROCHESTER as a police officer.
12. At all times relevant herein. Defendant Mendez was acting under color of law
and is sued in his individual and official capacities as a police officer for the Defendant
CITY OF ROCHESTER.
13. Defendants JOHN DOES 1-5 (hereinafter “The Doe Defendants"), individuals
whose names are currently unknown to Plaintiffs, are citizens of New York state who
were employed by and served as police officers for Defendant CITY OF ROCHESTER.
14. The Doe Defendants are unknown police officers who were involved in the
September 19, 2019 arrest and/or use of force against Plaintiffs.
15. At all times relevant to this Complaint, The Doe Defendants were acting under
color of law and are sued in their individual capacities and official capacities as police
officers for the Defendant CITY OF ROCHESTER.
16.At all times material to ttie allegations in this Complaint, The Defendant
Officers were acting under color of state law as police officers for Defendant CITY OF
ROCHESTER.
17. Defendant CITY OF ROCHESTER is and at all times relevant herein, was and
still Is a municipal corporation duly organized and existing under ttie laws of the state of
New York with its principal place of business in the County of Monroe, state of NewYork.
3
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18. Defendant CITY OF ROCHESTER is a political subdivision of the state of
New York for which at all times relevant to this Complaint, Defendants were employed
by and served as police officers.
19. On or about December 5, 2019, Defendant CITY OF ROCHESTER was
served with a Verified Notice of Claim detailing its culpability and Plaintiffs' damages.
20. Defendant CITY OF ROCHESTER has failed and refused to make payment to
Plaintiffs in accordance with said Verified Notice of Claim.
21.At least thirty (30) days have elapsed since the service of the Verified
Notice of Claim upon Defendant CITY OF ROCHESTER and adjustment of payment
thereof has been neglected or refused by Defendant CITY OF ROCHESTER.
FACTS
22.0η September 19, 2019, The Infant Plaintiff was an 8؛h grade student at
leadership Academy For Young Men in Rochester, New York where he had been an
honor student, played football and basketball.
23.0η September 19, 2019 at approximately 7:00 p.m.. The Infant Plaintiff was a
passenger on a Rochester City School District school bus traveling southbound on lake
Avenue in the City of Rochester, New York.
24.0η said date and time. The Infant Plaintiff was heading home from football
practice and was en route to the RTS Transit Center where students would be given
bus passes to take a public bus home.
25. As The Infant Plaintiff was seated in the middle of the school bus, ttiere were
students in the back of the school bus wtio got into an altercation or argument so the
bus driver. Digna DeJesus, called dispatch and was instructed to pull over and wait for
assistance.
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26.The !nfant Plaintiff was not one of the students who we٢e involved in the
altercation or argument in the back of the school bus.
27. After the call to dispatch was made, the school bus pulled over and stopped on
lake Avenue in front of Wendy's restaurant in the vicinity of 683 lake Avenue in ttie
City of Rochester, New York.
28. When the school bus pulled over and stopped in front of Wendy's restaurant.
٦he Infant Plaintiff called his mottier. Plaintiff WATFORD, who was at School Number
34 with Plaintiff NOBLE for an open house for two of their children.
29. When The Infant Plaintiff called Plaintiff Watford, he Informed her that the
school bus had pulled over and asked her if she could come get him.
30.The school bus driver. Digna Dedesus, had informed The Infant Plaintiff that it
would be ok if his mother came to get him and The Infant Plaintiff relayed this
information to Plaintiff Watford.
31 .After The Infant Plaintiff called and spoke with his mother, she (Plaintiff
Watford) and Plaintiff Noble left the open tiouse at School Number 34 with their four
children and drove to the location where the school bus was parked in ttie vicinity of 683
lake Avenue, Rochester, New York 14613.
32.When Plaintiffs Watford and Noble arrived in ttieir vehicle at 683 lake Avenue
wliere the school bus was parked. Plaintiff Watford parked in front of the school bus
along the curb on lake Avenue.
33.After parking tier vehicle. Plaintiff Watford got out of her vehicle and walked
towards the school bus door to pick up her son. The Infant Plaintiff.
34. Within fifteen (15) seconds after Plaintiff Watford parked her veliicle, got out of
5
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؛ا and started wa!klng towards the schoo! bus to get her son, city of Rochester police
officers arrived on scene, wearing black gloves and shaking cans of mace as they
aggressively approached the parked school bus which was transporting sixth to eighth
grade students, including the Infant Plaintiff.
35. Concerned about Plaintiff Watford's and ttie Infant Plaintiff's safety. Plaintiff
Noble got out of the parked vehicle and walked towards the school bus door.
36. When Plaintiff Watford arrived at the sctiool bus door, the school bus driver؛
Digna Dedesus, opened the school bus door to let the Infant Plaintiff off of the school
bus and stie told the police that the Infant Plaintiff was not involved in the altercation or
argument at the back of the bus.
37. When the SCİ100İ bus driver. Digna DeJesus, opened the school bus door to let
the Infant Plaintiff off of the school bus. Plaintiff Watford was physically pushed aside
by Defendant Edwards who grabbed the Infant Plaintiff as Ms. DeJesus yelled “No.
this is the wrong child, those are his parents".
38. the police then told the school bus driver. Digna DeJesus, to close the school
bus door and she did so.
39. After the school bus door was closed. Defendant Edwards maced the Infant
Plaintiff and put him in a choke hold as he violently forced him down to the ground and
handcuffed him.
49. When the Infant Plaintiff was grabbed, maced, placed in a choke hold and
violently forced down to the ground. Plaintiff Noble yelled to the City of Rochester Police
officers “You have the wrong person".
41 .After the Infant Plaintiff was maced, placed in a choke hold and violently
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forced down to the ground. Defendants ste٢!!ng and Edwards aggress!ve!y pursued,
restrained and arrested Plaintiff Noble, slamming him down on the ground by a tree,
driving a knee into his neck and causing tils head to hit the ground.
42. Upon information and belief. Defendant Pedicone maced Plaintiff Noble and
the City of Rochester Police officers forced him down to the ground and placed him in
handcuffs.
43. After the aforedescribed incident. The Infant Plaintiff was placed in the back of
a City of Rochester Police car wtiere he remained under arrest while restrained in
handcuffs.
44. During the aforedescribed incident. Defendant Mendez physically grabbed
Plaintiff Watford’s hand trying to take her cell phone from her since she was recording
the incident and he forcefully pushed her back.
45. During the aforedescrlbed incident. Defendant Edwards forcefully pushed
Plaintiff Watford more than four (4) times.
46. Plaintiff Watford was two (2) months pregnant at the time of the aforedescribed
incident.
47.The Defendant Officers falsely accused, arrested and maliciously charged and
prosecuted Plaintiff Noble with Obstruction of Governmental Administration in the 2ท٥
degree in violation of Penal Law §195.65, Harassment in the Second Degree in violation
of Penal law §246.26(1) and Resisting Arrest in violation of Penal law §265.36.
48. Following the aforedescribed incident. Plaintiff Noble was transported to
Monroe County Jail where he was strip searched and detained overnight pending his
arraignment.
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49. On September 2٥, 2019, p!a!nt!ff N٥b!e was arraigned in front of dudge
Melissa Barrett in Rochester City Court on the charges identified in paragraph 47 above
and was released on his own recognizance.
SO.The Defendant Officers falsely accused, arrested and maliciously prosecuted
Plaintiff Noble for crimes and/or violations which he did not commit.
51. As a conseguence of the foregoing incident. The Infant Plaintiff suffered
physical and emotional injuries including burning to his eyes and face from the mace, a
concussion from hitting his head, neck, back, bilateral arm and joint pain, bilateral
shoulder pain due to handcuffing, nightmares, post-traumatic stress disorder, mental
anguish and other injuries and/or damages.
52. As a consequence of the foregoing incident. Plaintiff Noble suffered burning to
his eyes and face from the mace, bilateral shoulder pain, arm and wrist pain, emotional
injuries and other injuries and/or damages.
53.As a consequence of the foregoing incident. Plaintiffs have suffered physical
and/or psychological injuries which required them to undergo medical treatment and/or
mental health counseling.
54. Plaintiffs took no actions to justify their arrests, search and seizure and/or use
of force upon their persons.
55. Upon information and belief. The Defendant Officers were never reprimanded
suspended or terminated from their employment with Defendant City of Rochester
following the false arrests and/or use of unlawful force used against Plaintiffs and upon
information and belief, said officers remain on full time active duty patrol as City of
Rochester Police officers.
56. As a direct and proximate result of the alleged actions of the Defendants
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P!3İn؛!ffs have suffered physica! and menta! injuries, pain and suffering and other
damages in an amount that will be established at trial.
AS AND FDR A F!RSĨ CAUSE DF ACTIDN DN BEHAIF OF
PLA!NT!FFS DASHONDA D. WATFORD, AS PARENT ANDNATURAL GUARDIAN OF dUSMEIR MITCHELL, AN INFANT,
AND JESSE M. NOBLE, IV FOR VIOLATION OF 42 U.S.C. §1983BY DEFENDANTS CONNOR EDWARDS, DEREK STERLING,
ANTHONY PEDICONE, GIOVANNI MENDEZ ANDJOHN DOES 1-5 FOR FALSE ARREST
57. Plaintiffs repeat and reallege the allegations in paragraphs 1 tlirough
56 above and incorporate them by reference as if set forth in their entirety herein.
58.The Defendant Officers herein illegally detained, handcuffed and arrested The
Infant Plaintiff and Plaintiff Noble and illegally searched and seized their persons without
probable cause or reasonable suspicion that a crime has been or was being committed
in violation of the Fourth Amendment and Fourteenth Amendments to the United States
Constitution.
59.The Infant Plaintiffs arrest and Plaintiff Noble's arrest were made in the
absence of a warrant for their arrests.
60.The Defendant Officers arrested The Infant Plaintiff and Plaintiff Noble without
having exigent circumstances for doing so.
61.The Infant Plaintiff and Plaintiff Noble were conscious and did not consent to
their arrests.
62. By the actions described herein. The Defendant Officers, without a warrant or
without probable cause and while acting under color of law, arrested The Infant Plaintiff
and Plaintiff Noble and deprived them of certain constitutionally protected rights to be
free from unreasonable searches and seizures, the right not to be deprived of liberty
wittiout due process of law and the right to be free from false arrest, all in violation of 42
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U.S.C. Section 1983 and her Fourtti and Fourteenth Amendment rights as guaranteed
by the United States Constitution.
63.The Defendant Officers were acting under color of state law when they,
without probable cause or reasonable suspicion that a crime has been or was being
committed, exercised their auttiority as police officers and falsely arrested, searched
and seized fhe Infant Plaintiff and Plaintiff Noble who were at all times acting in a lawful
manner.
64. As a direct and proximate cause of the false arrest, illegal search and seizure
of The Infant Plaintiff and Plaintiff Noble by The Defendant Officers, The Infant Plaintiff
and Plaintiff Noble suffered physical and mental injuries and other damages in an
amount that will be established at trial.
65.As a direct and proximate cause of the false arrest, illegal search and seizure
of The Infant Plaintiff and Plaintiff Noble by The Defendant Officers, The Infant Plaintiff
and Plaintiff Noble suffered physical and mental injuries and other damages in an
amount ttiat exceeds the monetary Jurisdictional limits of all lower New York Courts but
does not exceed the monetary jurisdictional limits of the New York state Supreme
Court.
66.As a direct and proximate result of The Defendant Officers' violations of
The Infant Plaintiff's and Plaintiff Noble's constitutional rigtits. The Infant Plaintiff and
Plaintiff Noble have suffered general and special damages to be proved at trial and are
entitled to relief under 42 u.s.c. Section 1983.
67.As a direct and proximate result ofThe Defendant Officers' conduct. The Infant
Plaintiff and Plaintiff Noble tiave been compelled to retain the services of counsel to
protect and enforce their riglits and therefore. Plaintiffs have incurred and continue to
incur attorney's fees, expert fees and costs for which Plaintiffs are entitled to
reimbursement in an amount to be established at the time of trial pursuant to 42 U.S.C.
Section 1988.
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68.The Defendant Officers' conduct was willful, malicious, oppressive and/or
reckless and was of sucti a nature that the Infant Plaintiff and Plaintiff Noble claim
punitive damages against each of them in an amount commensurate with the wrongful
acts alleged herein.
AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF
PLAINTIFFS DASHONDA D. WATFORD) INDIVIDUALLY AND AS
PARENT AND NATURAL GUARDIAN OF dUSMElR MITCHELL,
AN INFANT, AND dESSE M. NOBLE, IV FOR VIOLATION OF
42 U.S.C. §1983 BY DEFENDANTS CONNOR EDWARDS,DEREK STERLING, ANTHONY PEDICONE, GIOVANNI MENDEZ
AND JOHN DOES 1-5 FOR EXCESSIVE USE OF FORCE
69.The Plaintiffs repeat and reallege the allegations in paragraphs 1 through 68
above and incorporate them by reference as if set forth in their entirety herein.
70. Based upon the aforedescribed conduct. The Defendant Officers herein
illegally used excessive force under the circumstances against Plaintiffs in violation of
their Fourtti Amendment right to be secure in their persons from unreasonable seizures.
71.The Defendant Officers' aforedescribed conduct under the circumstances was
an excessive use of force on Plaintiffs which a reasonable officer in their position would
not have used under the circumstances.
72. The Defendant Officers' actions and use of force against Plaintiffs were
objectively unreasonable in light of the facts and circumstances confronting them and
violated the Fourth Amendment rights of Plaintiffs.
73.As a direct and proximate cause ofttie excessive use of force by The
Defendant Officers against Plaintiffs, Plaintiffs suffered physical and mental injuries and
other damages in an amount that will be established at trial.
74. As a direct and proximate cause of the excessive use of force by The
Defendant Officers against Plaintiffs, Plaintiffs suffered injuries and damages in an
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amoun؛ wh!ch exceeds the monetary jurlsd!ct!ona! !!mlts of all lower New York Courts
but does not exceed the monetary jurisdictional limits of the New York state Supreme
Court.
75.AS a direct and proximate result of The Defendant Officers' violations of
Plaintiffs’ constitutional rights. Plaintiffs have suffered general and special damages to
be proved at trial and are entitled to relief under 42 U.S.C. Section 1983.
76.As a direct and proximate result ofThe Defendant Officers' conduct. Plaintiffs
have been compelled to retain the services of counsel to protect and enforce their rights
and therefore. Plaintiffs have incurred and continue to incur attorney's fees, expert fees
and costs for which Plaintiffs are entitled to reimbursement in an amount to be
established at the time of trial pursuant to 42 U.S.C. Section 1988.
77.The Defendant Officers' conduct was willful, malicious, oppressive and/or
reckless and was of such a nature ttiat Plaintiffs claim punitive damages against each of
them in an amount commensurate with the wrongful acts alleged herein.
AS AND FOR A THIRD CAUSE OF ACTION ON BEHAIF OFPLAINTIFFS DASHONDA D. WATFORD) INDIVIDUALLY AND ASPARENT AND NATURAL GUARDIAN OF dUSMEIR MITCHELL)
AN INFANT, AND dESSE M. NOBLE) IV AND AGAINSTALL DEFENDANTS FOR BATTERY
78. The Plaintiffs repeat and reallege the allegations set forth in paragraplis 1
through 77 above and incorporate them by reference as if set forth in their entirety
herein.
79.The aforesdescribed actions of Defendants herein constitute intentional
batteries upon Plaintiffs’ persons.
89. Defendants herein committed a battery upon Plaintiffs' persons by directing
and using force against Plaintiffs persons without their consent.
81. Defendant Edwards committed a battery against The Infant Plaintiffs person
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by grabbing him when the bus door opened, by macing him, putting him in a choke hold
and violently forcing him down to the ground and handcuffing him, by causing his head
to hit the curb, by driving his knee into his back, by arresting and forcing him into the
back of a police car where he remained restrained in handcuffs and using other physical
force against him.
82. As a conseguence of the physical force used by Defendant Edwards, The
Infant Plaintiff suffered burning to his eyes and face due to the mace, neck pain from
being forced down to ttie ground in a chokehold, a concussion from hitting his head on
the curb and/or ground, back pain from Defendant Edwards' knee being driven into his
back as he was handcufffed, bilateral arm and Joint pain, bilateral shoulder pain.
nightmares, post-traumatic stress disorder and mental anguish.
83. Defendants sterling and Edwards committed a battery against Plaintiff Noble
by grabbing and slamming him onto the ground by a tree, by driving a knee into his
neck, by causing his head to hit the ground, by restraining and arresting him, placing
him in handcuffs and using other physical force against him.
84. Defendant Pedicone commit a battery against Plaintiff Noble by macing him in
his eyes and face.
85. Defendant Mendez committed a battery against Plaintiff Watford by grabbing
her hand as he attempted to grab her cell phone and by forcefully pushing her back.
86. Defendant Edwards committed a battery against Plaintiff Watford by pushing
her aside when the school bus door opened and when he aggressively pushed her
more than four (4) times at the scene of the incident and using other physical force
against her.
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87. Defendants Edwards, sted!ng, Pedlcone and John Does 1-5 committed a
battery against the Infant Plaintiff and/or Plaintiff Noble by macing them, by physically
taking them to the ground, restraining and arresting them, using physical force against
them, by searctiing their persons incident to their arrests and by physically taking them
into police custody.
88.The batteries committed by Defendants upon Plaintiffs were without
provocation by Plaintiffs and without their consent.
89. As a direct and proximate result of the batteries committed upon Plaintiffs
by The Defendant Officers, Plaintiffs suffered physical and mental injuries and damages
in an amount to be determined at trial.
90. As a direct and proximate cause of the batteries committed by The
Defendant Officers against Plaintiffs, Plaintiffs suffered injuries and damages in an
amount which exceeds the monetary jurisdictional limits of all lower New York Courts
but does not exceed the monetary jurisdictional limits of the New York state Supreme
Court.
91. Defendant City of Rochester is liable under the doctrine of Respondeat
Superior for the acts and omissions of its employees and/or agents. The Defendant
Officers herein, who were purporting to act or were acting in the course and scope of
their employment as police officers with Defendant City of Rochester when the alleged
batteries were committed upon Plaintiffs' persons.
92.The Defendants' actions were malicious, oppressive, reckless, wanton
and in willful disregard of Plaintiffs' rights that Plaintiffs claims punitive damages against
The Defendant Officers herein in an amount to be determined at trial commensurate
with the wrongful acts alleged herein.
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AS AND FDR A FDURTH CAUSE ٥F ACT!٠N ON BEHALF OFPLA١NT!FFS DASHONDA D. WATFORD, ١ND!٧!DUALLY AND ASPARENT AND NATURAL GUARD!AN OF لUSMEIR M!TCHELL,
AN ؛NFANT, AND JESSE M. NOBLE, IV AND AGAINSTALL DEFENDANTS FOR ASSAULT
93.The Plaintiffs ٢epeat and ٢eallege the allegations set forth in paragraphs 1
through 92 above and incorporate them by reference as if set forth in their entirety
herein.
94.The aforedescribed actions of Defendants herein constitute Intentional
assaults upon Plaintiffs' persons.
95.The Defendant Officers intentionally placed Plaintiffs in fear of imminent.
harmful or offensive contact by their aforedescribed conduct when force was used againstPlaintiffs.
96. Defendant Edwards committed an assault against The Infant Plaintiff when he
grabbed him when the bus door opened, maced him, put him in a choke hold, violently
forced him down to the ground and hadcuffed him, caused his head to hit the curb.
drove his knee into Ills back, used other force against him, arrested him and forced him
into the back of a police car where he remained restrained in handcuffs.
97. Defendants sterling and Edwards committed an assault against Plaintiff Noble
when they aggressively pursued him, grabbed and slammed him onto the ground by a
tree, by driving a knee into his neck, by causing his head to hit the ground, by
restraining and arresting him, placing him in handcuffs and using other physical force
against him.
98. Defendant Pedicone committed an assault against Plaintiff Noble by pursuing
and macing him in his eyes and face.
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99. Defendant Mendez committed an assault against Plaintiff Watford by grabbing
her hand as he attempted to grab her cell phone, by forcefully pushing her back and as
Plaintiff Watford watched her son (The Infant Plaintiff) and Plaintiff Noble get maced,
tackled, restrained, physically harmed and arrested by The Defendant Officers.
Defendant Edwards committed an assault against Plaintiff Watford by1٥0.
aggressively pushing her more than four (4) times at the incident scene.
Defendants Edwards, sterling, Pedicone and dohn Does 1-5 committed an
assault against The Infant Plaintiff and Plaintiff Noble by macing tfiem, by physically
taking them to the ground, physically harming them, restraining and arresting them, by
searching their persons incident to their arrest and/or by physically taking them into
police custody.
191.
By and tlirough the aforedescribed conduct. The Defendant Officers102.
intentionally placed Plaintiffs in fear of imminent, harmful or offensive contact and made
intentional attempts, displayed by violence or threatening gesture, to do injury to or
commit a battery upon Plaintiffs' persons.
The assaults committed upon Plaintiffs by The Defendant Officers herein103.
was without provocation by Plaintiffs.
Defendant City of Rochester is liable under the doctrine of Respondeat104.
Superior for the acts and omissions of Its employees and/or agents including The
Defendant Officers herein who were purporting to act or were acting in the course and
scope of their employment as police officers with Defendant City of Rochester when the
alleged assaults were committed upon Plaintiffs' persons.
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As a direct and proximate result of the assaults committed upon their
persons. Plaintiffs suffered physical and mental injuries and damages in an amount to be
105.
determined at trial.
As a direct and proximate cause of the assaults committed by the
Defendant officers against Plaintiffs, Plaintiffs suffered injuries and damages in an
amount which exceeds the monetary jurisdictional limits of all lower New York Courts
but does not exceed the monetary jurisdictional limits of the New York state Supreme
Court.
106.
The Defendants’ actions were malicious, reckless, wanton and in willful107.
disregard of Plaintiffs’ rights that Plaintiffs claims punitive damages against The
Defendant Officers in an amount to be determined at trial commensurate with the wrongful
acts alleged herein.
WHEREFORE, Plaintiffs DaShonda D. Watford, Individually and As Parent and
Natural Guardian of Jusmeir Mitchell, an Infant, and Jesse M. Noble, IV, pray for
judgment against Defendants Connor Edwards, Derek sterling, Anthony Pedicone,
Giovanni Mendez, John Does 1-5 and City of Rochester, jointly and severally, as
follows:
1. On the First, Second, Third and Fourth Causes of Action, compensatorydamages in an amount which exceeds the monetary jurisdictional limits of alllower New York state Courts but does not exceed the monetary jurisdictionallimits of the New York state Supreme Court:
2. Punitive damages against all individual Defendants in an amount to bedetermined at trial:
3. Declaratory judgment declaring that Plaintiffs' constitutional rights to be freefrom unlawful arrest, search, seizure and excessive force under the Fourth
and Fourteenth Amendments were violated by The Defendant Officers;
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4. Reasonab!© costs of this suit incu٢٢©d herein;
5. An award of reasonable attorney’s fees pursuant to 42 U.S.C. Section 1988;and
6. Such other and further relief as this Court may deem Just and proper.
Dated:August 24, 2920
Yours, etc.
BURKWIT LAW FIRM, PLLC
Charles F. Burkwit, Esq.Attorneys for Plaintiffs16 East Main street. Suite 456Rochester, New York 14614
(585) 546-1588
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