FILED: ONONDAGA COUNTY CLERK 02/11/2022 02:39 PM INDEX NO.

000609/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/11/2022

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ONONDAGA

SHAWN BROTON,

Plaintiff,

AMENDED VERIFIED
-against- COMPLAINT
Index No: 000609/2022

COUNTY OF ONONDAGA,
ONONDAGA COUNTY BOARD OF ETHICS,
WILLIAM J. FITZPATRICK individually and in his capacity as Onondaga
County District Attorney,
ROBERT DURR individually and in his capacity as Onondaga County Attorney,
JOHN AND JANE DOES individually and in their capacity as Onondaga County
public officers
DUANE OWENS individually and in his capacity as Onondaga County
Commissioner of Personnel,
STEVEN WILLIAMS individually and in his capacity as investigative consultant
to the Onondaga County Board of Ethics,
JOHN CUCINOTTA in his capacity as a member of the Onondaga County
Board of Ethics,
MARY BETH PRIMO in her capacity as a member of the Onondaga County
Board of Ethics, and
Fr. ROBERT SCULLY, S.J. in his capacity as a member of the Onondaga
County Board of Ethics,

Defendants.

Plaintiff, Shawn Broton, by and through his attorney, Gary J. Lavine, as and

for his complaint, alleges:

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SUMMARY OF THE ACTION

1. This is an action seeking a judgment against defendants, jointly and

severally for general and special damages, including statutory attorney fees,

punitive damages, costs, disbursements, and such other and further relief as to the

court is just. One or more Defendants, jointly and severally, acting either in their

official or individual capacities or both, are responsible for:

a. Violating plaintiff's right to free speech secured by Article I, Section

8 of the New York State Constitution,

b. Conspiracy to violate plaintiff's right to free speech secured by Article

I, Section 8 of the New York State Constitution,

c. Violating plaintiff's right to due process secured by Article I, Section

6 of the New York State Constitution,

d. Conspiracy to violate plaintiff's right to due process secured by

Article I, Section 6 of the New York State Constitution,

e. Violating plaintiff's rights to equal protection secured by Article I,

Section 11 of the New York State Constitution,

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f. Conspiracy to violate plaintiff's rights to equal protection secured by

Article I, Section 11 of the New York State Constitution,

g. Violating plaintiff's rights under Section 75-b of the New York State

Civil Service Law,

h. Conspiracy to violate plaintiff's rights under Section 75-b of the New

York State Civil Service Law,

i. Negligent infliction of emotional distress,

j. Committing one or more prima facie torts against plaintiff, and

k. Conspiracy to commit prima facie torts against plaintiff.

2. Plaintiff Shawn Broton was a sworn officer of the Syracuse Police

Department, attaining the rank of Deputy Chief supervising the Criminal

Investigations Bureau. Anticipating that once a new mayor took office the Plaintiff

might not be reappointed as Deputy Chief, an application was made on behalf of

the Plaintiff by the Police Department for reinstatement to his prior civil service

rank of Captain ("Plaintiff's application"). Plaintiff was unlawfully denied

reinstatement to the civil service rank of Captain due to the wrongful retaliatory

acts of Defendants Fitzpatrick, Durr, John and Jane Does, and Owens. Defendants

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Williams, Cucinotta, Primo, and Scully were unlawfully complicit in covering up

the retaliation.

3. In several highly controverted circumstances, the Plaintiff engendered the

of Defendant Fitzpatrick. Defendant Fitzpatrick - motivated vengeance

enmity by

and malice - engaged in a series of acts in the denial

retaliatory culminating by

Defendant Owens of the Plaintiff's reversion to the civil service rank of Captain.

4. The Plaintiff made a complaint to the Onondaga County Board of Ethics

in July 2019, alleging that Defendant Fitzpatrick had improperly intervened to

deprive the Plaintiff of reversion to the civil service rank of Captain. At the behest

of the Board of Ethics, Defendant Durr as County Attorney engaged Defendant

Williams as investigative consultant to investigate the Plaintiff's complaint. The

purported investigation was rushed in an unseemly manner to completion prior to

the 2019 election for Onondaga County District Attorney without interviewing the

Plaintiff. Counsel to the Plaintiff was notified by Defendant Williams's

correspondence dated January 28, 2020, that the purported investigation was

closed and that Plaintiff would not be interviewed.

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THE PARTIES

PLAINTIFF

5. At the times pertinent to this action Plaintiff was a sworn officer of the

Syracuse Police Department, was seeking reinstatement to the civil service rank of

Captain, or was no longer a member of Syracuse Police Department with a

complaint pending before the Onondaga County Board of Ethics.

DEFENDANTS

6. Defendant County of Onondaga is a municipal corporation formed

pursuant to the laws of the State of New York with its principal office located at

421 Montgomery Street, Syracuse, New York 13202.

7. Defendant Onondaga County Board of Ethics has responsibility for

administration of the Onondaga County Code of Ethics. The Board of Ethics

maintains its office at 421 Montgomery Street, Syracuse, New York 13202.

8. Defendant William Fitzpatrick is the District Attorney of Onondaga

County.

9. Defendant Robert Durr is the County Attorney of Onondaga County.

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10. Defendants John and Jane Does are upon information and belief

Onondaga County public officers. Said John and Jane Does are unnamed, as their

identities will not become known until discovery occasioned by this action takes

place.

11. Defendant Duane Owens, during the period pertinent to this action, was

the Onondaga County Commissioner of Personnel. In that role he was also a New

York State Personnel Officer/Commissioner for Onondaga County including City

of Syracuse personnel.

12. Defendant Steven Williams was engaged by Defendant Durr on behalf of

the Onondaga County Board of Ethics as investigative consultant to investigate the

complaint lodged by Plaintiff Broton.

13. Defendant John Cucinotta was a member of the Onondaga County Board

of Ethics in 2019.

14. Defendant Mary Beth Primo was a member of the Onondaga County

Board of Ethics in 2019.

15. Defendant Fr. Robert Scully, S.J. was a member of the Onondaga

County Board of Ethics in 2019.

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VENUE

16. Venue is proper in Onondaga County. Many of the acts giving rise to

Plaintiff's claims occurred in Onondaga County, the Plaintiff resides in Onondaga

County, and most, if not all, of the Defendants reside in Onondaga County.

INCIDENTS LEADING TO RETALIATION AGAINT THE PLAINTIFF BY

DEFENDANT FITZPATRICK

Dinosaur BBQ Incident

17. On December 15, 2011, Defendant William Fitzpatrick hosted a

Christmas Party for the Onondaga County District Attorney's Office at the

Dinosaur BBQ in Syracuse. Musician Mark Angiolillo was hired to play piano at

the party.

18. Mr. Angiolillo began recording a comedic performance by Defendant

Fitzpatrick. Upon information and belief, at least one of the jokes told by

Defendant Fitzpatrick was racist in tone. An Assistant District Attorney seized Mr.

Angiolillo's cellphone and a recording device threatening to throw him out the

second story window if he did not surrender the devices to the District Attorney's

Office. This was done under color of authority of the Onondaga County District

Attorney's Office.

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19. The devices were illegally scrubbed at the Wallie Howard Jr. Center for

Forensic Sciences ("Onondaga County crime lab"). Mr. Angiolillo was

subsequently threatened with a felony charge for having made the recording. This

was done under color of authority of the Onondaga County District Attorney's

Office.

20. Plaintiff complained to the New York State Office of Inspector General

regarding the events occurring in connection with the District Attorney's

Christmas Party at the Dinosaur BBQ, including the Onondaga County crime lab

scrubbing Mr. Angiolillo's recording devices. Plaintiff was deposed under oath by

the Office of Inspector General. Pursuant to federal law the state Inspector General

has jurisdiction over county forensic crime labs.

21. In April 2013, the Office of Inspector General issued a report regarding

complaints about the Onondaga County crime lab. The Inspector General's report

exonerated the management of the crime lab. There was no mention of the

Plaintiff's complaint about the scrubbing of Mr. Angiolillo's devices.

22. In 2015, two weeks after a story about the incident at the Dinosaur BBQ

and the scrubbing of the devices at the Onondaga County crime lab appeared on

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Syracuse.com, the Onondaga County crime lab instituted a policy to preclude

utilization of the Onondaga County crime lab for illegal purposes.

23. In establishing the protocol, Onondaga County in effect acknowledged

that the illegal scrubbing of Mr. Angiolillo's devices had occurred.

24. Defendant Fitzpatrick publicly admitted that the devices had been

scrubbed at the Onondaga County crime lab, but asserted that prosecutorial

discretion had been exercised to scrub the devices in lieu of charging Mr.

Angiolillo with a crime.

Peter Rauch Incidents

25. In 2006, Peter Rauch was charged with the felony of Criminal

Possession of a Weapon in the Second Degree and the misdemeanor of Menacing

in the Second Degree for allegedly brandishing a firearm in a bar. The case was

later adjourned in contemplation of dismissal with the record sealed.

26. In 2012, Peter Rauch was hired by Defendant Fitzpatrick as an

Onondaga County District Attorney's Office process server.

27. During his tenure as a process server Rauch carried a firearm although in

the position of process server he was not legally authorized to do so.

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28. During his tenure at the District Attorney's Office, Peter Rauch had also

been a driver for Defendant William Fitzpatrick.

29. In 2014, despite having no full-time police experience, and having

exhibited a disregard for the rules regarding firearms both on and off duty, Peter

Rauch was assigned to the Drug Enforcement Administration's Central New York

Joint Task Force.

30. The Syracuse Police Department expressed its concern to the Task Force

about Rauch participating. When Rauch was permitted to continue on the Task

Force the Syracuse Police Department withdrew its participation.

31. Upon information and belief, Defendant Fitzpatrick arranged for Rauch

to be placed in a part-time position with the Village of Liverpool Police

Department.

32. Subsequently, the Plaintiff informed the Liverpool Police Chief of

Rauch's arrest record.

33. In 2015, Defendant Fitzpatrick initiated a criminal investigation of the

Plaintiff for allegedly violating state law in divulging to another law enforcement

agency a sealed arrest record and requested the investigation be transferred to

another county. Ultimately, the matter was transferred to the Cayuga County

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District Attorney's Office. No charges have ever been made against the Plaintiff.

The motive for Defendant Fitzpatrick's initiating an investigation was to retaliate

against the Plaintiff for exposing Rauch.

34. In 2017, Rauch was driving an official vehicle after having consumed at

least sixteen drinks and brandishing his firearm at a bar. This escapade had the

most tragic of consequences when Rauch hit an eighteen year old pedestrian Seth

Collier, who died several days later. Rather than responsibly rendering aid to Seth

Collier, Rauch left the scene and hid out at the nearby Pastime Athletic Club.

35. The reprehensible behavior exhibited by Rauch on the night he hit and

killed Seth Collier while drinking and driving was the tragic culmination of a

pattern of irresponsible behavior exhibited by Rauch that had been the basis of

concern to the Syracuse Police Department. Plaintiff was the target of a criminal

investigation solely because he expressed legitimate concerns about Rauch who

had a close personal connection to Defendant Fitzpatrick.

Attempted Return to Civil Service Rank of Captain

36. On November 7, 2017, Benjamin Walsh was elected Mayor of the City

of Syracuse to succeed Stephanie Miner. Prior to the election, Plaintiff Broton

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made known his aspiration to return to the civil service rank of Captain if he could

not remain a Deputy Chief.

37. Contemporaneously with Plaintiff's application for reinstatement to the

civil service rank of Captain, Peter Rauch was sentenced on November 17, 2017.

Plaintiff Broton reached out to Seth Collier's mother to provide information to her

attorney Thomas Shannon, Esq. the same day Peter Rauch was sentenced. Plaintiff

Broton's call to Seth Collier's mother was with the concurrence of Mayor Miner

and Police Chief Frank Fowler. However, the call was outside the scope of

Plaintiff Broton's duties as a sworn police officer.

38. Plaintiff Broton met with Mr. Shannon shortly after the call to Seth

Collier's mother. It appeared that Mr. Shannon had been unaware of the

information provided by Plaintiff Broton. Upon information and belief, Defendant

Durr was made aware of this discussion.

39. On or about December 5, 2017, Chief Fowler submitted a formal request

to Defendant Owens to reinstate Plaintiff Broton to the civil service rank of

Captain. Pursuant to New York State Law, the Onondaga County Commissioner of

Personnel also serves as the State personnel officer for Onondaga County.

Plaintiff's reinstatement to the rank of Captain was subject to approval by

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Defendant Owens.

Owens'
40. Upon information and belief, Defendant consideration of

Plaintiff's application was the object of improper and illegal political interference

with which Defendants Fitzpatrick, Durr, and other county officials, were

complicit - all in retaliation for Broton's actions taken as a whistleblower.

41. By letter, dated December 18, 2017, to Chief Fowler, Defendant Owens

denied the Police Department's application to have the Plaintiff reinstated to the

Owens'
civil service rank of Captain. Upon information and belief, Defendant

determination was tainted by improper political interference which subverted the

integrity of the determination.

Complaint to Onondaga County Board of Ethics

42. In Plaintiff Broton - now no longer a member of the

July 2019, by

Syracuse Police Department - filed a complaint with the Onondaga Board

County

of Ethics regarding the denial of his reinstatement to the civil service rank of

Captain.

43. Defendant Fitzpatrick was a member of the Onondaga County Board of

Ethics when Plaintiff filed his complaint. Defendant Fitzpatrick ostensibly recused

himself and the Onondaga County Board of Ethics requested that Defendant Durr

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engage an investigative consultant to conduct an investigation into Plaintiff's

complaint. Defendant Williams was engaged by Defendant Durr to conduct the

investigation.

Williams'
44. As part of investigation, Plaintiff anticipated that his

personnel records would be produced and Plaintiff then interviewed. Access to the

personnel records was a precondition required by the Plaintiff for his interview.

45. Plaintiff's personnel records were under the control of one or more of

defendants, including Defendant Owens. Upon information and belief, Plaintiff's

access to his own County personnel file was maliciously and intentionally delayed

by defendants until Defendant Williams concluded his investigation. Defendants

Durr and Williams were in a position to easily grant Plaintiff access to his own

personnel file.

46. Upon information and belief, Defendant Williams maliciously and

intentionally concluded the investigation prior to Plaintiff receiving his own

personnel records and without Plaintiff being interviewed. In his report, Defendant

Williams disingenuously claimed Plaintiff would not accede to an interview.

Defendant Williams concluded his investigation and issued his findings less than

one week before an election in which Defendant Fitzpatrick was seeking another

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term. Plaintiff's complaint to the Onondaga County Board of Ethics had been an

Williams'
issue in the election campaign and the timing of report was intended to

support Fitzpatrick.

47. Upon information and belief, Defendant Williams rushed his

investigation to conclusion and precluded Plaintiff Broton's interview for the

purpose of personally and professionally discrediting the Plaintiff and bolstering

Defendant Fitzpatrick's reelection campaign.

48. Subsequently, the County released the personnel file to the Plaintiff.

Plaintiff, through his counsel, then requested that Defendant Williams interview

the Plaintiff. Williams refused.

49. Upon information and belief, one or more of Defendants, including Durr,

Williams, and the members of the Onondaga County Board of Ethics, were

complicit in a machination of withholding the Plaintiff's personnel file, knowing

that the Plaintiff had established the precondition of having the personnel file

before being interviewed.

50. In September 2021, the Albany Times Union published several articles

persuasively demonstrating that the Office of Inspector General never conducted a

genuine investigation into the Plaintiff's allegations involving the Dinosaur BBQ

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incident. Plaintiff Broton's sworn deposition and the subsequent cover-up were

contemporaneous with Defendant Fitzpatrick's appointment by Governor Cuomo

as co-chair of the Moreland Commission on Corruption.

51. Upon information and belief, resort to the same machination utilized by

the Office of Inspector General in covering up for Defendant Fitzpatrick's

wrongdoing was utilized by the Defendants with respect to Plaintiff's County

Ethics Board complaint. It can be noted that the Office of Inspector General at least

made a pretense of conducting a legitimate inquiry by interviewing Plaintiff

Broton. The county cover-up was so artless that Plaintiff Broton was not even

interviewed. Both the state and county purported inquiries were shams.

52. At no time did any of the Defendants exercise supervisory authority over

Plaintiff Broton or have any other legitimate governmental interest in limiting the

exercise of his right of expression.

53. Rather, the apparatus of County government was illegally weaponized in

an effort to intimidate the Plaintiff. The Plaintiff has not been the only person who

has been the object of intimidation. There has been an institutionalized practice by

certain County officials of unconstitutionally attempting to suppress free

expression. This institutionalized practice has been employed with an astonishing

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brazenness. Notorious exemplars- not the instances of attempted

certainly only

suppression of expression- include the Defendant Fitzpatrick of

ginning up by

phony criminal allegations to launch investigations of i) the Chair of the Onondaga

County Republican Committee because the Chair opposed the appointment of

Defendant Fitzpatrick's son as the County Republican Election Commissioner and

ii) a candidate for the County Legislature in a Republican primary running against

an incumbent who had retained Defendant Fitzpatrick's son as a campaign

consultant. Moreover, a District Attorney has final policy-making authority

rendering Onondaga County liable for the wrongdoing.

FIRST CAUSE OF ACTION

RETALIATION IN VIOLATION OF ARTICLE I, SECTION 8

OF THE CONSTITUTION OF THE STATE OF NEW YORK AGAINST

DEFENDANTS WILLIAM FITZPATRICK both individually and in his

capacity as Onondaga County District Attorney, ROBERT DURR both

individually and in his capacity as Onondaga County Attorney, JOHN AND

JANE DOES both individually and in their capacity as Onondaga County
public officers, DUANE OWENS both individually and in his capacity as

Onondaga County Commissioner of Personnel, STEVEN WILLIAMS both

individually and in his capacity as investigative consultant for the Onondaga

County Board of Ethics.

54. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

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55. Article I, Section 8 of the New York State Constitution declares

unequivocally that "[e]very citizen may freely speak, write and publish his or her

sentiments on all subjects".

56. Plaintiff Broton's complaints were, and are, an exercise of his Article I,

Section 8 right to free speech on matters of significant public concern.

57. One or more Defendants, including Fitzpatrick, Durr, John and Jane

Does, Owens, and Williams', wrongful actions were in retaliation for Plaintiff

Broton's exercise of his rights under Article I, Section 8 of the Constitution of the

State of New York.

Defendants'
58. wrongful actions caused the Plaintiff to suffer damages and

injuries, including but not limited to lost employment and professional

opportunities, loss of income, pain and suffering, emotional distress, anxiety and

loss of pay and benefits.

59. The wrongful acts of Defendants have permanently harmed the

professional reputation of the Plaintiff as well as his personal reputation.

60. The wrongful acts of Defendants were committed with malice and/or

recklessness.

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SECOND CAUSE OF ACTION

CONSPIRACY TO RETALIATE IN VIOLATION OF ARTICLE I,

SECTION 8 OF THE CONSTITUTION OF THE STATE OF NEW YORK

AGAINST DEFENDANTS ONONDAGA COUNTY, ONONDAGA COUNTY
BOARD OF ETHICS, WILLIAM FITZPATRICK both individually and in

His capacity as Onondaga County District Attorney, ROBERT DURR both

individually and in his capacity as Onondaga County Attorney, JOHN AND

JANE DOES both individually and in their capacity as Onondaga County
public officers, DUANE OWENS both individually and in his capacity as

Onondaga County Commissioner of Personnel, and, STEVEN WILLIAMS

both individually and in his capacity as investigative consultant for the

Onondaga County Board of Ethics, JOHN CUCINOTTA in his capacity as a

member of the Onondaga County Board of Ethics, MARY BETH PRIMO in

her capacity as a member of the Onondaga County Board of Ethics, and Fr.

ROBERT SCULLY, S.J. in his capacity as a member of the Onondaga County

Board of Ethics.

61. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

62. Defendants Fitzpatrick, Durr, John and Jane Doe, Owens, and Williams

conspired to engage in wrongful actions in response to Plaintiff Broton's exercise

of his rights under Article I, Section 8 of the Constitution of the State of New

York.

63. One or more Defendants, including Onondaga County, the Onondaga

County Board of Ethics, Cucinotta, Primo, and Scully conspired to cover-up both

the individual acts and the conspiracy of Defendants Fitzpatrick, Durr, John and

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Jane Doe, Owens, and Williams to conduct wrongful actions motivated in response

to Plaintiff Broton's exercise of his rights under Article I, Section 8 of the

Constitution of the State of New York.

Defendants'
64. conspiracy caused the Plaintiff to suffer damages and

injuries, including but not limited to lost employment and professional

opportunities, loss of income, pain and suffering, emotional distress, anxiety and

loss of pay and benefits.

65. The acts of Defendants have permanently harmed the professional

reputation of the Plaintiff as well as his personal reputation in the community.

66. The wrongful acts of Defendants were committed with malice and/or

recklessness.

THIRD CAUSE OF ACTION

DENIAL OF DUE PROCESS IN VIOLATION OF ARTICLE I, SECTION 6

OF THE CONSTITUTION OF THE STATE OF NEW YORK AGAINST

DEFENDANTS ONONDAGA COUNTY, JOHN AND JANE DOES both

individually and in their capacity as Onondaga County public officers, and

DUANE OWENS both individually and in his capacity as Onondaga County
Commissioner of Personnel.

67. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

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68. Article I, Section 6 of the New York State Constitution declares

unequivocally that "[n]o person shall be deprived of life, liberty or property

law."
without due process of Plaintiff is entitled to due process before being

deprived of a property right pursuant to the New York State Constitution.

69. By engaging in the foregoing conduct, one or more Defendants,

including Onondaga County, John and Jane Does, and Duane Owens, violated the

right to due process guaranteed to the Plaintiff under the New York State

Constitution in that the Plaintiff was terminated from his employment when he was

deprived of reinstatement to the civil service rank of Captain without a fair

opportunity to be heard.

70. All of the improper actions taken by Defendants were done while acting

under color of state law and had the effect of depriving Plaintiff Broton of his right

to due process under the laws as secured by the New York State Constitution.

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FOURTH CAUSE OF ACTION

CONSPIRACY TO DENY THE DUE PROCESS OF LAW IN VIOLATION

OF ARTICLE I, SECTION 6 OF THE CONSTITUTION OF THE STATE
OF NEW YORK AGAINST DEFENDANTS ONONDAGA COUNTY,
WILLIAM FITZPATRICK both individually and in his capacity as

Onondaga County District Attorney, ROBERT DURR both individually and

in his capacity as Onondaga County Attorney, JOHN AND JANE DOES both

individually and in their capacity as Onondaga County public officers, and

DUANE OWENS both individually and in his capacity as Onondaga County
Commissioner of Personnel.

71. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

72. Plaintiff is entitled to due process before being deprived of a property

right pursuant to the New York State Constitution.

73. By engaging in the foregoing conduct, one or more Defendants,

including Onondaga County, Fitzpatrick, Durr, John and Jane Does, and Owens,

conspired to violate the Plaintiff's right to due process under the New York State

Constitution when they conspired to terminate Plaintiff's employment by denying

the Plaintiff reinstatement to the civil service rank of Captain without a fair

opportunity to be heard.

74. All of the improper actions taken by Defendants were done while acting

under color of state law and had the effect of depriving Plaintiff Broton of his right

to due process under the New York State Constitution.

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FIFTH CAUSE OF ACTION

VIOLATIONS OF ARTICLE I, SECTION 11 OF THE CONSTITUTION OF

THE STATE OF NEW YORK AGAINST DEFENDANTS WILLIAM
FITZPATRICK both individually and in his capacity as Onondaga County
District Attorney, ROBERT DURR both individually and in his capacity as

Onondaga County Attorney, JOHN AND JANE DOES both individually and

in their capacity as Onondaga County public officers, DUANE OWENS both

individually and in his capacity as Onondaga County Commissioner of

Personnel, and STEVEN WILLIAMS both individually and in his capacity as

investigative consultant for the Onondaga County Board of Ethics.

75. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

76. Article I, Section 11 of the New York State Constitution declares

unequivocally that "[n]o person shall be denied the equal protection of the laws of

thereof."
this state or any subdivision

77. Plaintiff is entitled to the equal protection of the laws pursuant to the

New York State Constitution.

78. By engaging in the foregoing conduct, Defendants have violated rights

guaranteed to the Plaintiff under the Equal Protection Clause of the New York

State Constitution in that the Plaintiff was subjected to attempted grand jury action,

was deprived of reinstatement to the civil service rank of Captain, deprived of his

rights under the New York State Constitution, deprived of his rights under New

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York State law, and deprived of the fair administration of the Onondaga County

Board of Ethics under color of state law because of the actions of one or more of

the Defendants, including Fitzpatrick, Durr, Owens, John and Jane Does, and

Williams.

79. All of the improper actions taken by Defendants were done while acting

under color of state law and had the effect of depriving Plaintiff Broton of his

rights to equal protection under the New York State Constitution.

SIXTH CAUSE OF ACTION

CONSPIRACY TO VIOLATE ARTICLE I, SECTION 11 OF THE

CONSTITUTION OF THE STATE OF NEW YORK AGAINST
DEFENDANTS ONONDAGA COUNTY, ONONDAGA COUNTY BOARD
OF ETHICS, WILLIAM FITZPATRICK both individually and in his

capacity as Onondaga County District Attorney, ROBERT DURR both

individually and in his capacity as Onondaga County Attorney, JOHN AND

JANE DOES both individually and in their capacity as Onondaga County
public officers, DUANE OWENS both individually and in his capacity as

Onondaga County Commissioner of Personnel, STEVEN WILLIAMS both

individually and in his capacity as investigative consultant for the Onondaga

County Board of Ethics, JOHN CUCINOTTA in his capacity as a member of

the Onondaga County Board of Ethics, MARY BETH PRIMO in her capacity
as a member of the Onondaga County Board of Ethics, and Fr. ROBERT
SCULLY, S.J. in his capacity as a member of the Onondaga County Board of

Ethics.

80. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

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81. Plaintiff is entitled to the equal protection of the laws pursuant to the

New York State Constitution.

82. By engaging in the foregoing conduct, one or more Defendants,

Fitzpatrick, Durr, John and Jane Does. Owens, and Williams, have
including

violated rights guaranteed to the Plaintiff under the Equal Protection Clause of the

New York State Constitution when they conspired to deprive the Plaintiff of

reinstatement to the civil service rank of Captain, of his rights under the New York

State Constitution, the fair administration of the laws of the State of New York,

and of the fair administration of the Onondaga County Board of Ethics under color

of state law.

83. The remaining Defendants, including Onondaga County, the Onondaga

County Board of Ethics, John Cucinotta, Mary Beth Primo, and Fr. Robert Scully,

S.J., conspired to violate the rights guaranteed to the Plaintiff under the Equal

Protection Clause of the New York State Constitution by accepting and endorsing

a sham investigation designed to deprive the Plaintiff of reinstatement to the civil

service rank of Captain, of his rights under the Federal Constitution, the fair

administration of the laws of the State of New York, and the fair administration of

the Onondaga County Board of Ethics. This was done under color of state law and

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had the effect of depriving Plaintiff Broton of his rights to equal protection under

the laws as secured by the New York State Constitution.

SEVENTH CAUSE OF ACTION

VIOLATIONS OF NEW YORK STATE CIVIL SERVICE LAW §75-b,

PRHOBITING DISMISSAL OR OTHER RETALIATIORY ACTIONS BY

PUBLIC EMPLOYERS AGAINST DEFENDANTS DUANE OWENS both

individually and in his capacity as Onondaga County Commissioner of

Personnel and ONONDAGA COUNTY.

84. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

85. Plaintiff Broton lost his status as a police officer in the Syracuse Police

Department by being denied reinstatement to his civil service rank of Captain.

86. Upon information and belief, as a consequence of reporting wrongdoing

to appropriate agencies, and/or providing information to the attorney for Seth

Collier's estate, the Plaintiff was subject to retaliation by the Defendants.

87. The Defendants Duane Owens and Onondaga County undertook adverse

employment action in retaliation against Broton by refusing to return him to civil

service status after his tenure as Deputy Chief of Police ended with a new mayor.

88. The aforementioned acts of Defendants Owens and Onondaga County

constitute unlawful retaliation against the Plaintiff in violation of New York State

Civil Service Law §75-b.

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89. As a direct and proximate result of Defendant's violation of the New

York State Civil Service Law, Defendants are liable to the Plaintiff pursuant to the

provisions New York State Civil Service Law.

90. In addition, the acts of the Defendants were egregious and were

perpetrated with such malice, bad-faith, and/or reckless indifference for the

Plaintiff's protected rights and the safety of the general public that, in addition to

the damages inflicted upon the Plaintiff and in addition to the relief the plaintiff

may be entitled to herein, Defendants should be required to pay punitive damages.

EIGHTH CAUSE OF ACTION

CONSPIRACY TO VIOLATE NEW YORK STATE CIVIL SERVICE LAW

§75-b, PRHOBITING DISMISSAL OR OTHER RETALIATIORY
ACTIONS BY PUBLIC EMPLOYERS AGAINST DEFENDANTS
ONONADGA COUNTY, ONONDAGA COUNTY BOARD OF ETHICS,
WILLIAM FITZPATRICK both individually and in his capacity as

Onondaga County District Attorney, ROBERT DURR both individually and

in his capacity as Onondaga County Attorney, JOHN AND JANE DOES both

individually and in their capacity as Onondaga County public officers,

DUANE OWENS both individually and in his capacity as Onondaga County
Commissioner of Personnel, and, STEVEN WILLIAMS both individually and
in his capacity as investigative consultant for the Onondaga County Board of

Ethics.

91. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

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92. Upon information and belief, one or more defendants, including

Fitzpatrick, Durr, and John and Jane Does, instigated Owens to engage in a

conspiracy to take retaliatory personnel action against Broton.

93. One or more Defendants, including Owens and Onondaga County, in

denying Plaintiff's application to return to the civil service rank of Captain

engaged in retaliation against the Plaintiff.

94. Defendant Williams conspired to cover-up the retaliatory personnel

action by rendering a report which purported to be a complete investigation

without interviewing the Plaintiff.

95. Defendants Onondaga County, the Onondaga County Board of Ethics,

Williams'
and Durr, accepted and endorsed report, furthering the conspiracy to

cover up the retaliatory action.

NINTH CAUSE OF ACTION

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AGAINST

DEFENDANTS WILLIAM FITZPATRICK individually, ROBERT DURR
individually, JOHN AND JANE DOES individually, DUANE OWENS
individually, and, STEVEN WILLIAMS individually.

96. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

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97. One or more of the Defendants engaged in malicious actions far beyond

the norms of civil and professional conduct. The Defendants negligently deviated

from their duty to conduct themselves in accordance with the offices they hold or

held.

98. Plaintiff Broton has been suffering through severe emotional distress as a

result of this neglectful deviation of this duty.

99. Defendants negligence was the direct and proximate cause of Plaintiff

Broton's emotional distress.

100. As a result of the foregoing, Plaintiff endured, and continues to endure,

serious and prolonged pain, suffering, trauma, psychological and emotional injury.

TENTH CAUSE OF ACTION

PRIMA FACIE TORT AGAINST DEFENDANTS WILLIAM

FITZPATRICK individually, ROBERT DURR individually, JOHN AND
JANE DOES individually, DUANE OWENS individually, and, STEVEN
WILLIAMS individually.

101. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

102. The Defendants intentionally inflicted harm on Plaintiff Broton by their

actions. Plaintiff Broton suffered damages in the form of lost wages and a

Defendants'
decreased pension as a result of actions.

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Defendants'
103. The actions are without excuse or justification. Their

actions were solely motivated by disinterested malevolence in acts that would

otherwise be lawful.

ELEVENTH CAUSE OF ACTION

CONSPIRACY TO COMMIT A PRIMA FACIE TORT AGAINST

DEFENDANTS WILLIAM FITZPATRICK individually, ROBERT DURR
individually, JOHN AND JANE DOES individually, DUANE OWENS
individually, and, STEVEN WILLIAMS individually.

104. Plaintiff hereby incorporates by reference each of the allegations set

forth in the preceding paragraphs as if re-alleged fully herein.

105. The Defendants conspired to intentionally inflict harm on Plaintiff

Broton by their actions. Plaintiff Broton suffered damages in the form of lost

Defendants'
wages and a decreased pension as a result of actions.

Defendants'
106. The actions are without excuse or justification. Their

actions were solely motivated by disinterested malevolence in acts that would

otherwise be lawful.

COMPENSATORY DAMAGES

Defendants'
107. As a result of the conduct, the Plaintiff has suffered the

following:

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108. A loss of earnings that resulted from not being reinstated to civil

service status,

109. A diminished pension as a result of not bring reinstated to civil service

status,

110. Damage to his reputation and character,

111. Diminished employment opportunities, and

112. Emotional harm.

113. The actions of the Defendants are the natural and proximate cause of

these damages,

Defendants'
114. These damages are the result of the wrongful acts and

omissions,

115. The Defendants are liable for both the foreseeable and unforeseeable

damages caused by their actions that have damaged the Plaintiff.

PUNITIVE DAMAGES

116. Additionally, Defendants Onondaga County, the Onondaga County

Williams'
Board of Ethics, Fitzpatrick, Durr, John and Jane Does, Owens, and

actions warrant punitive damages.

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117. The actions of the Defendants Onondaga County, the Onondaga County

Board of Ethics, Fitzpatrick, Durr, John and Jane Does, Owens, and Williams were

conducted in bad-faith.

118. The actions of the Defendants were wanton and reckless,

119. The actions of the Defendants were malicious.

ATTORNEY FEES

120. Plaintiff Broton is entitled to attorney fees.

WHEREFORE, Plaintiff demands judgment in an amount which will fairly

and adequately compensate him for his injuries, damages, suffering and losses,

attorneys'
together with fees, costs & disbursements, punitive damages, and such

other and further relief as the Court may deem just and proper.

Dated: 2 . / O , 2

Gary Lavine, Ésq.

Attorney for the Plaintiff

110 West Fayette Street

One Lincoln Center

Suite 1000

Syracuse, New York 13202

(315) 701-6427

[email protected]

In accord with 22 NYCRR 202.8-b, Gary J. Lavine, Esq. certifies this document

contains 5,878 words and that this submission complies with the word count limit.

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VERIFICATION

STATE OF NEW YORK )

) : ss:
COUNTY OF ONONDAGA )

Shawn Broton, being duly sworn, deposes and says: I am the Plaintiff in this proceeding. I have

read the foregoing amended complaint and know the contents thereof. The same are true to my

knowledge, except as to matters therein stated to be alleged on information and belief, and as to

those matters therein stated to be alleged on information and belief I believe them to be true.

Shawn Broton

Sworn to before me on this

day of

y Publ

JASON B ZEIGLER

NOTARY PUBLIC STATE QF NEW YORK

ONONDAGA COUNTY

LIC. # 02ZÈ6329656
/zo
COMM. EXP. of 2p

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