SUMMONS + COMPLAINT July 16, 2024 (2024)

 
Preview
 FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 STATE OF NEW YORK SUPREME COURT: ALBANY COUNTY PERRY DANIELS, SUMMONS Plaintiff, -against- ALBANY COUNTY INDEX NO. DETECTIVE JOHN REGAN, OFFICER ANTHONY SCALISE, THE POLICE DEPARTMENT OF THE RJI NO. CITY OF ALBANY, LIEUTENANT JEFFREY KEYSER, DETECTIVE RODNEY WAITHE, THE HON. POLICE DEPARTMENT OF THE CITY OF HUDSON, AND JERRY CAMPANA, Defendants. TO: DETECTIVE JOHN REGAN ALBANY POLICE DEPARTMENT TO: DETECTIVE RODNEY WAITHE 165 HENRY JOHNSON BOULEVARD HUDSON POLICE DEPARTMENT ALBANY, NEW YORK 12210 701A UNION STREET HUDSON, NEW YORK 12534 TO: OFFICER ANTHONY SCALISE ALBANY POLICE DEPARTMENT TO: CITY OF HUDSON POLICE 165 HENRY JOHNSON BOULEVARD DEPARTMENT ALBANY, NEW YORK 12210 CITY HALL 520 WARREN STREET TO: POLICE DEPARTMENT OF THE HUDSON, NEW YORK 12534 CITY OF ALBANY ALBANY CITY HALL TO: JERRY CAMPANA 24 EAGLE STREET 208 MAIN STREET ALBANY, NEW YORK 12207 RAVENA, NEW YORK 12143 TO: LIEUTENANT JEFFREY KEYSER HUDSON POLICE DEPARTMENT 701A UNION STREET HUDSON, NEW YORK 12534 YOU ARE HEREBY SUMMONED and required to serve upon plaintiffs attorney an answer to the complaint in this action within twenty (20) days after service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by defaultfor the relief demanded in the complaint. Dated: July 16, 2024 1 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 3 LEWIS B. OLIVER, JR., ESQ. Oliver Law Office Attorneyfor Plaintiff Daniels 156 Madison Avenue Albany, New York 12202 518-463-7962 The basis for venue in Albany County in this case is that the residence of the plaintiff is in Albany County and the acts, omissions, and events alleged in the complaint occurred in Albany County. 2 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF ALBANY _________________________________________ PERRY DANIELS, VERIFIED COMPLAINT Plaintiff, ALBANY COUNTY INDEX NO. ______ -against- RJI NO. ____________ DETECTIVE JOHN REGAN, OFFICER ANTHONY SCALISE, THE POLICE DEPARTMENT OF THE HON. CITY OF ALBANY, LIEUTENANT JEFFREY KEYSER, DETECTIVE RODNEY WAITHE, THE POLICE DEPARTMENT OF THE CITY OF HUDSON, AND JERRY CAMPANA, Defendants. Plaintiff Perry Daniels, by his attorney, Lewis B. Oliver, Jr., Esq., the Oliver Law Office, as and for his verified complaint, does hereby state and allege as follows: 1. This is a civil rights action pursuant to 42 USC 1983 in which plaintiff Perry Daniels seeks compensatory and punitive damages for violation of his clearly established federal constitutional rights under the Fourth Amendment against false arrest, malicious prosecution, illegal search and seizure, and for violation of his clearly established federal constitutional rights of a speedy trial under the Sixth Amendment against the defendants involved in the arrest that took place on February 7, 2022 on the corner of Manning Boulevard and Central Avenue in Albany, −1− 3 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 New York. 2. At all times pertinent to this complaint, plaintiff Perry Daniels resided at 19 Lexington Avenue, Second Floor, Albany, New York 12210 during the time immediately before his arrest, and was a resident of the City of Albany in the County of Albany, State of New York. Daniels currently resides at DIN # 23-B-2560, Upstate Correctional Facility, 309 Bare Hill Road, Malone, New York 12953. 3. At all times pertinent to this complaint, the defendant Detective John Regan is an officer employed by the Police Department of the City of Albany, and the principal offices of the Albany Police Department are located at 165 Henry Johnson Boulevard, Albany, New York 12210. 4. At all times pertinent to this complaint, the defendant officer Anthony Scalise is an officer employed by the Police Department of the City of Albany, and the principal offices of the Albany Police Department are located at 165 Henry Johnson Boulevard, Albany, New York 12210. 5. At all times pertinent to this complaint, the defendant the Police Department of the City of Albany is a municipal agency of the City of Albany. The principal offices of the Albany Police Department are located at 165 Henry Johnson Boulevard, Albany, New York, 12210, and the principal offices of the City of Albany are located at City Hall, 24 Eagle Street, Albany, New York 12207. 6. At all times pertinent to this complaint, the defendants Detective John Regan, officer Anthony Scalise, and the other employees of the Police Department of the City of Albany were acting within the scope of their employment as employees of -2- 4 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 the Police Department of the City of Albany, used their authority in furtherance of their employer’s interests, were acting in their capacity as a police officer, and were acting under color of state law. 7. At all times pertinent to this complaint, the defendant Lieutenant Jeffrey Keyser is an officer employed by the Police Department of the City of Hudson, Columbia County, was a high ranking officer in the Hudson Police Department, and the principal offices of the Hudson Police Department are located at 701A Union Street, Hudson, New York 12534. 8. At all times pertinent to this complaint, the defendant Detective Rodney A. Waithe is an officer employed by the Police Department of the City of Hudson, was a high ranking officer in the Hudson Police Department, and the principal offices of the Hudson Police Department are located at 701A Union Street, Hudson, New York 12534. 9. At all times pertinent to this complaint, the defendant the Police Department of the City of Hudson is a municipal agency of the City of Hudson. The principal offices of the Hudson Police Department are located at 701A Union Street, Hudson, New York, 12534, and the principal offices of the City of Hudson are located at City Hall, 520 Warren Street, Hudson, New York 12534. 10. At all times pertinent to this complaint, the defendants Lieutenant Jeffrey Keyser, Detective Rodney Waithe, and the other employees of the Police Department of the City of Hudson were acting within the scope of their employment as employees of the Police Department of the City of Hudson, used their authority in -3- 5 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 furtherance of their employer’s interests, were acting in their capacity as a police officer, and were acting under color of state law. 11. At all times pertinent to this complaint, the defendant Jerry Campana resides at 208 Main Street, Ravena, New York 12143 and is a corrections officer employed by the New York State Department of Corrections and Community Supervision at Coxsackie Correctional Facility, and the Coxsackie Correctional Facility is located at 11260 Route 9W, Coxsackie, New York 12051. 12. Defendants Detective Regan, officer Scalise, Lieutenant Keyser, and Detective Waithe are being sued individually and in their official capacity. 13. Defendant Jerry Campana is being served individually only. 14. Defendants Detective Regan, officer Scalise, Lieutenant Keyser, and Detective Waithe’s acts hereinafter complained of were carried out intentionally, recklessly, with malice and gross disregard and callous indifference for plaintiff’s rights. STATEMENT OF FACTS 15. During the winter of 2022 plaintiff Perry Daniels lived in Albany, New York. Daniels was employed to shovel snow in Hudson, New York. 16. Every morning Perry Daniels would wait for a bus to pick him up for work on the corner of Central Avenue and Madison Avenue in Albany. 17. The bus would transport Daniels from Albany to Hudson where he worked, and at the end of the day the bus would transport him back from Hudson to Albany. -4- 6 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 18. While waiting for the bus Albert Dandridge would also be waiting at the bus stop. Dandridge was known by Daniels as “Sunny”. 19. On February 7, 2022 Sunny was arrested by the Hudson Police at the bus stop in Hudson while he was waiting to be transported from Hudson to Albany. 20. Perry Daniels was also at the bus stop in Hudson waiting to be transported to Albany when Sunny was arrested. 21. Daniels recognized Sunny from riding on the bus from Albany to Hudson and then from Hudson back to Albany on work days. 22. After Sunny was arrested Daniels noticed that Sunny had left a backpack behind at the bus stop. Perry Daniels took the backpack with him after Sunny was arrested, intending to give it back to Sunny the next time he saw him. 23. Perry Daniels did not know the contents of the backpack when he picked it up. 24. The backpack was green, and had a lock on it, and was locked, so Daniels was unable to open the backpack. 25. Daniels took the bus to Albany, and took the backpack with him. 26. When he took the bus home to Albany after work on February 7, 2022 Daniels took the backpack with him to Albany in order to give it to Sunny the next time Daniels saw him. 27. Sometime during the day of February 7, 2022 Jeff Keyser of the Hudson Police Department gave a tip to Albany Police Detective John Regan about a missing backpack that had a gun in it and that might be found at the bus stop on Central -5- 7 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 Avenue and Manning Boulevard in Albany. 28. On the afternoon of February 7, 2022 after working in Hudson all day, Daniels was dropped off at the bus stop on the corner of Central Avenue and Manning Boulevard in Albany. 29. On February 7, 2022 at approximately 4:43 PM Daniels was arrested by Albany Detective Regan when he was dropped off at the bus stop at Central Avenue and Manning Boulevard. When Daniels was arrested Detective Regan took the “blue bookbag” that Daniels had in his possession. 30. On February 7, 2022 at 5:21 PM Hon. Richard M. Koweek, Columbia County Judge, signed a search warrant authorizing the police to search Perry Daniels and the blue bookbag that Daniels had on his person when he was arrested. 31. When searching the backpack the Albany Police found a .45 caliber handgun that was loaded with five rounds. 32. The Arrest Report by Albany Detective Regan states the defendant Daniels did knowingly and unlawfully possess in his backpack a handgun and that the defendant did possess said handgun with intent to benefit himself. The Arrest Report by Regan stated that the “Said handgun was reported stolen by Hudson N.Y. Police Department on 02/07/22.” The Arrest Report stated the officer Scalise assisted in the arrest, and listed Jerry Campana as the victim. A copy of the arrest report by Detective Regan is attached as Exhibit #1. 33. On February 8, 2022 Detective Regan filed a felony complaint charging Daniels with one count criminal possession of a weapon in the second degree in -6- 8 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 violation of Penal Law 265.03(1b), a Class C felony; one count criminal possession of a weapon in the third degree in violation of Penal Law 265.02(1), a Class D felony; criminal possession of a controlled substance in the fifth degree in violation of Penal Law 220.06(5); and one count criminal possession of stolen property fourth degree in violation of Penal Law 164.45(4), a Class E felony. The felony complaint for the gun states that Daniels “did knowingly and unlawfully possess a firearm with the intent to use against another…in the backpack that he was wearing.” A copy of the felony complaints are attached collectively as Exhibit #2. 34. On February 8, 2022 Daniels was arraigned on the felony complaint in Albany City Court-Criminal Part. At arraignment Albany City Court-Criminal Part issued a securing order committing Daniels to the custody of the Albany County Sheriff because of his previous felony convictions. Albany City Court also issued a Temporary Order of Protection that ordered Daniels to stay away from Jerry Campana. 35. On February 14, 2022 Hon. John Reilly, a Judge of Albany City Court- Criminal Part convened a preliminary hearing pursuant to CPL Article 180 in Albany City Court-Criminal Part. At the hearing Judge Reilly found reasonable cause to believe that Daniels had committed a felony, and the court ordered that Daniels be held for the action of a grand jury. 36. On March 2, 2022 Jonathan Stroble, Esq., Perry Daniels’ public defender, made a motion for an order of recognizance for Daniels to be released under non-monetary conditions or bail. -7- 9 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 37. On March 23, 2022 Bryanne Perlanksi Brucato, Esq., Assistant District Attorney, Albany County, made an ex-part application in Albany County Court for the charges against Daniels to be returned to Albany City Court-Criminal Part for reconsideration in the interest of justice. 38. On March 23, 2022 Hon. William T. Little, Albany County Court Judge, granted the People’s ex parte application to dismiss the charge of criminal possession of a weapon in the second degree in the interests of justice and to return the case to Albany City Court-Criminal Part for reconsideration. 39. On March 28, 2022, Bryanne P. Brucato, Esq. Assistant District Attorney, filed a Prosecutor’s Information in Albany City Court-Criminal Part charging Daniels with criminal possession of a weapon in the fourth degree, criminal possession of stolen property in the fifth degree, and criminal possession of a controlled substance in the seventh degree. 40. On April 1, 2022 Jonathan Stroble, Esq. filed a notice of Notice of Motion and Affirmation in Support of Motion in Albany County Court to release Daniels upon failure of timely grand jury action. 41. On April 1, 2022 Hon. Andrea Ackerman, Albany County Court Judge, denied the motion to release plaintiff, but ordered that Daniels be released under pretrial supervisions with electronic monitoring. 42. On November 16, 2022 the Albany City Court-Criminal Part granted the People’s motion to reduce the charges against Daniels to non-felony misdemeanor offenses. -8- 10 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 43. The Albany County District Attorney’s office did not take the charges against Daniels to trial in Albany County Court or Albany City Court-Criminal Part because the People could not prove that Perry Daniels knowingly possessed the gun in the locked backpack. 44. On December 2, 2022 Jonathan Stroble, Esq. made a Notice of Motion and Affirmation in Support for Dismissal of Accusatory Instruments- Denial of Defendants Right to Speedy Trial Pursuant to CPL 30.30(7)(c) and CPL 170.30(1)(e) on the grounds that by December 2, 2022 more than six months had elapsed since Daniels initial arrest on February 7, 2022. 45. On December 2, 2022 Albany City Court-Criminal Part dismissed all the charges against Daniels on the grounds that his right to a speedy trial pursuant to CPL 170.30(1)(e) had been violated. All charges against Daniels were dismissed. A copy of the Certificate of Diposition showing the dismissal of the charges is attached as Exhibit #3. 46. When the charges were dismissed Perry Daniels had been incarcerated in the Albany County Jail for approximately 52 days. 47. The search warrant signed by Hon. Richard Koweek on February 7, 2022 was for a blue bookbag that Daniels had on him when he was arrested in Albany. 48. At the time of Daniels possession the backpack had a gun in it. 49. When he possessed the backpack, Perry Daniels did not know there was a gun in the locked backpack. 50. The owner of the backpack and gun was Jerry C. Campana who is a -9- 11 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 corrections officer at Coxsackie Correctional Facility. 51. At 7:42 AM on February 7, 2022 Jerry C. Campana made his first deposition to the Hudson Police Department in Hudson, New York, and in his first statement to the Hudson police at 7:42 AM on February 7, 2022 Campana had stated that the following events had occurred: Around 12:00 midnight on February 7, 2022 a subject Mr. Campana knew as Sunny texted him asking if he wanted to hang out and if he could borrow $50. Campana had known Sunny for a few weeks after meeting him in a bar in Hudson. In the text message, Sunny told Campana to meet him at 101 Warren Street in Hudson, New York. Campana arrived at 101 Warren Street around 1:45 AM or 2:00 AM. Sunny told Campana that he had rented a loft to hang out with some girls and told Campana to drive down to the parking lot of 11 Warren Street. Campana parked on Warren Street between two SUVs, and Sunny pointed to a door on the other side of a trailer and told Campana that was the loft he rented. Campana then left his truck with Sunny in it to knock on the door. Campana knocked on the door for a couple of minutes, but no one answered. When he went to return to his truck Campana saw it was missing. Campana then proceeded to walk up and down the streets looking for his truck. When Campana got back to the original place in which he lost his truck a male who knew Sunny was standing in the parking lot, so Campana asked him to call Sunny so Sunny would bring his truck back. Campana saw men clearing the roadway so asked them to call the police. The Hudson police then arrived and took Campana to the station to investigate further. In the statement Campana stated that he did not -10- 12 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 wish to pursue charges, and just wanted his truck back. Campana did not sign or swear to the truth to this statement. A copy of the first statement by corrections officer is attached as Exhibit #4. 52. On February 7, 2022 at 8:47 AM Jerry Campana made his second deposition to the Hudson police regarding his missing truck, and in his second deposition to the Hudson police at 8:47 AM on February 7, 2022 Campana stated the following events had occurred: While Campana was providing his first deposition the Sergeant came in asking what was in his green bag in the back seat of his truck. The Sergeant then asked Campana if there was anything in the vehicle, such as a gun. Campana then remembered that he had left his Springfield Arms XTS compact .45 handgun in the center console of his truck with 3 magazines which held 7 rounds each, and one in the chamber. Campana’s handgun was registered to him on his NYS DOCCS badge. Campana did not give anyone permission to take the handgun from his vehicle. Jerry Campana did not sign or swear to the truth his second deposition to the police. A copy of the second statement by the corrections officer is attached as Exhibit #5. 53. On February 7, 2022 at 1:37 PM Jerry Campana made a third deposition to the Hudson police, and in his third deposition to the Hudson police at 1:37 PM on February 7, 2022 Campana stated the following events had occurred: Campana stated that he was not completely truthful in his first two written depositions to the officer and that he refused to sign them. In the third deposition Campana stated he was being truthful in his recorded interview with Detective -11- 13 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 Waithe and that he wanted to file criminal charges against the person responsible for stealing his property. Campana signed his name at the bottom and swore to the truth of his third deposition he gave to police on February 7, 2022. A copy of the third statement by the corrections officer is attached as Exhibit #6. 54. On February 7, 2022 at 9:28 PM Jerry Campana made a fourth deposition to the Hudson police about the incident with his truck, and in his fourth deposition to the Hudson police at 9:28 PM on February 7, 2022 Campana stated the following events had occurred: Campana came to the City of Hudson on February 7, 2022 around 1:00 AM to meet with a male subject he met on Grinder, an online dating application and website geared towards meeting hom*osexual males. The male he met on Grinder called himself “Sunny”, and Campana and Sunny decided to meet in Hudson, New York. When Campana met Sunny in Hudson Sunny told him to park his pickup truck by the Half Moon Pizza building. Sunny told Campana that he rented a loft for $150 so that they can have a threesome with another male. Campana gave Sunny $50 to cover a third of the price of the loft. Campana and Sunny walked to a three story building on Warren Street, and went to the third floor to the loft they rented. At the loft a black male with no facial hair and a low hair cut opened the door and let them into the room. The room consisted of a bed and a chair next to the bed with a couple of candles burning. When Campana went into the room he placed his Carhart sweatshirt on the chair. The keys to Campana’s truck were in the pocket of his sweatshirt. Sunny placed his coat in the same chair that Campana put his sweatshirt -12- 14 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 on. The three men talked to each other for about ten minutes. Sunny got up and grabbed his and Campana’s coat off of the chair, and said he would be back; at the time Campana did not realize that Sunny grabbed his Carhart sweatshirt. After 30 minutes waiting for Sunny to come back Campana went to grab his coat to leave, and that is when he noticed that his Carhart sweatshirt was gone. Campana and the other male went downstairs, and, after looking up and down Warren Street, Campana realized that his truck was gone. The other male tried to get a hold of Sunny on his cell phone but could not reach him. Campana saw a DPW plow truck and asked them to call the police for him. The Hudson police found his truck which had been left in Hudson. When the truck was located Campana gave the police permission to search his vehicle. Campana was advised by the Hudson police department that his gun was no longer in the truck where he had left it. Jerry Campana signed and swore to the truth of the fourth deposition he made to Hudson police at 9:47 PM on February 7, 2022. A copy of the fourth statement by the corrections officer is attached as Exhibit #7. 55. On February 7, 2022, Jerry Campana signed a statement pursuant to CPL 190.30 against Perry Daniels and Albert Dardridge as defendants accusing them of larceny of his truck, handgun, iPhone, $120 in cash, and credit cards. A copy of the supporting deposition by Campana is attached hereto as Exhibit #8. FIRST CAUSE OF ACTION- FOURTH AMENDMENT ILLEGAL DETENTION 56. The allegations contained in paragraphs numbered 1 to 55 are hereby -13- 15 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 repeated and realleged as if fully set forth herein. 57. Plaintiff’s first claim is against the defendants Detective John Regan, police officer Anthony Scalise, and the Police Department of the City of Albany for violation of plaintiff’s clearly established rights to be free from illegal seizure and detention of the person under the Fourth and Fourteenth Amendments to the United States Constitution. 58. At approximately 4:43 PM on February 7, 2022 defendants, without reasonable or probable cause, illegally and without a warrant, and without any right or authority to do so, arrested plaintiff Daniels and deprived plaintiff of his freedom of movement. 59. On February 7, 2022 defendants did not have probable cause to detain or arrest plaintiff. 60. The sole information defendants relied upon to arrest and detain plaintiff was a tip from the Hudson Police Department about a bag containing a stolen gun in a crime that plaintiff Daniels was not involved in. 61. Defendants did not have probable cause to detain or arrest plaintiff. 62. Plaintiff was detained and confined and his freedom of movement was curtailed by defendants. 63. In arresting plaintiff on February 7, 2022 and thereafter, plaintiff Daniels’ freedom of movement was impeded. 64. Defendants intended to restrict Daniels freedom of movement and -14- 16 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 confine him. 65. Defendants seized plaintiff by restricting his freedom of movement without probable cause when they placed plaintiff into handcuffs. 66. Plaintiff was conscious of defendants’ confinement of him. 67. Plaintiff suffered a warrantless arrest without probable cause. 68. Defendants did not have an arrest warrant to detain or arrest plaintiff. 69. Defendants did not have a search warrant to search or seize plaintiff. 70. There were no exigent circ*mstances or emergency situation to detain or arrest plaintiff Daniels 71. Plaintiff did not consent to defendants’ confinement of him. 72. The confinement of plaintiff was not otherwise privileged. 73. Defendants’ arrest and detention of plaintiff was unreasonable as to manner and time. 74. Defendants had no reasonable cause to believe plaintiff knowingly possessed the handgun in the backpack with the intent to benefit himself. 75. Defendants did not have probable cause to seize or search the locked backpack. 76. Defendants’ unlawful detention of plaintiff constituted an arrest and violated his constitutional rights protected by the Fourth Amendment. 77. As a direct, legal and proximate result of the defendants’ illegal acts and omissions, plaintiff Daniels has been damaged and endured violations of his -15- 17 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 rights to be free from false arrest and imprisonment under the Fourth Amendment; was incarcerated in the Albany County jail; lost his apartment due to his incarceration; lost his employment as a result of his incarceration; was deprived of his freedom and enjoyment of life; lost income from employment; has experienced stress and mental anguish; and there are other unknown injuries and damage of which plaintiff is not presently aware WHEREFORE, plaintiff demands judgment against the defendants individually and jointly and prays for relief as follows: (a) That he be compensated for violation of his rights, mental anguish, and humiliation in the amount of $500,000; and (b) That he be awarded punitive damages against the individual defendants in the amount of $1,500,000; and (c) That he be compensated for the costs and disbursem*nts and attorney’s fees of this action; and (d) For such other further and different relief as to the Court may seem just and proper. SECOND CAUSE OF ACTION- FOURTH AMENDMENT UNLAWFUL SEARCH AND SEIZURE 78. The allegations contained in paragraphs numbered 1 through 77 are hereby repeated and realleged as if fully set forth herein. -16- 18 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 79. Plaintiff’s second claim is against defendants Detective John Regan, police officer Anthony Scalise, and the Police Department of the City of Albany for violation of plaintiff’s clearly established federal constitutional rights to be free from illegal seizure of property under the Fourth and Fourteenth Amendments to the United States Constitution. 80. At approximately 4:43 PM on February 7, 2022 plaintiff Daniels was illegally detained and his property and person were illegally seized and searched by defendants. 81. Defendants seized plaintiff by restricting his freedom of movement when they placed plaintiff into handcuffs at the bus stop in Albany. 82. Defendants seized plaintiff’s property by taking the backpack in his possession from him at the bus stop in Albany. 83. The sole information defendants relied upon to seize and search the backpack in plaintiff’s possession was a tip from the Hudson Police Department about a bag containing a stolen gun in a crime that plaintiff Daniels was not involved in. 84. Plaintiff had a possessory interest in the backpack that was protected by the Fourth Amendment. 85. Defendants lacked specific and articulable facts that would have provided them with probable cause to conduct a seizure and search of plaintiff Daniels and seizure and search of the backpack he had. -17- 19 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 86. Defendants did not have a search warrant, or an arrest warrant, or the requisite level of probable cause to conduct a seizure and search of the backpack in plaintiff’s possession. 87. Defendant’s unlawful seizure and search of the backpack violated plaintiff’s constitutional rights to be free from illegal seizure and search protected by the Fourth Amendment. 88. As a direct, legal and proximate result of the defendants’ illegal acts and omissions, plaintiff has been damaged and endured violations of his rights to be free from illegal seizure and search of property under the Fourth Amendment; was incarcerated in the Albany County jail; lost his apartment due to his incarceration; lost his employment as a result of his excessive incarceration; was deprived of his freedom and enjoyment of life; lost income from employment; has experienced stress and mental anguish; and there are other unknown injuries and damage of which plaintiff is not presently aware WHEREFORE, plaintiff Daniels demands judgment against the defendants individually and jointly and prays for relief as follows: (a) That he be compensated for violation of his rights, mental anguish, and humiliation in the amount of $500,000; and (b) That he be awarded punitive damages against the individual defendants in the amount of $1,500,000; and (c) That he be compensated for the costs and disbursem*nts and attorney’s -18- 20 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 fees of this action; and (d) For such other further and different relief as to the Court may seem just and proper. THIRD CAUSE OF ACTION- FOURTH AMENDMENT UNLAWFUL SEARCH AND SEIZURE 89. The allegations contained in paragraphs numbered 1 through 88 are hereby repeated and realleged as if fully set forth herein. 90. Plaintiff’s third claim is against defendants Lieutenant Jeffery Keyser, Detective Rodney A. Waithe, and the Police Department of the City of Hudson for violation of plaintiff’s clearly established federal constitutional rights to be free from illegal seizure and detention of the person under the Fourth and Fourteenth Amendments to the United States Constitution. 91. At approximately 4:43 PM on February 7, 2022 plaintiff Daniels was illegally seized and detained and searched by defendants Albany Detective Regan and police officer Scalise because of a baseless tip received from the defendant Lieutenant Keyser of the Hudson Police Department. 92. Defendant Keyser’s baseless report caused the unlawful detention of plaintiff which constituted an arrest and violated his rights. -19- 21 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 93. Defendants’ baseless report caused the seizure and detention of plaintiff by restricting his freedom of movement without probable cause when Albany Police defendants placed plaintiff into handcuffs at the bus stop. 94. At the time when he called the Albany Police on the afternoon of February 7, 2023 defendant Keyser knew or should have known that Jerry Campana was a liar and that his statements to the Hudson Police were false. 95. The sole information defendants relied upon to give a tip to the Police Department of the City of Albany to seize and detain plaintiff were statements by Jerry Campana that Campana had refused to sign and refused to swear was true. 96. The sole information defendants relied upon to give a tip to the Police Department of the City of Albany to seize and detain plaintiff was three statements by Jerry Campana that contradicted each other. 97. The sole information defendants relied upon to give a tip to the Police Department of the City of Albany was that Jerry Campana, the source of their information, had repeatedly lied to the Hudson Police. 98. The sole information defendants relied upon to give a tip to the Police Department of the City of Albany to seize and detain plaintiff were three statements by Jerry Campana that did not mention Perry Daniels. -20- 22 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 99. The defendants knew or should have known that at the time Sunny stole Jerry Campana’s truck with the backpack in it in Hudson, plaintiff Daniels was at his home in Albany. 100. The defendants knew or should have known that Perry Daniels did not know the backpack is Sunny’s left at the bus stop in Hudson had been stolen. 101. The sole information defendants relied upon was that the backpack was locked and Daniels did not know what was inside or that there was a gun inside. 102. Defendants did not have the requisite level of factual information to inform the Albany Police Department to make out probable cause for the seizure and detention of plaintiff or the backpack in his possession. 103. Defendants lacked a sworn statement signed by Jerry Campana that contained specific and articulable facts that provided probable cause to give a tip to Albany Police Department to conduct a seizure and detention of plaintiff Daniels or the backpack he possessed. 104. Defendants tip to the Albany Police, without probable cause and known to be based on false information, violated plaintiff’s constitutional right to be free from illegal seizure and detention of his person and property protected by the Fourth Amendment. 105. As a direct, legal and proximate result of the defendants’ illegal acts -21- 23 of 37FILED: ALBANY COUNTY CLERK 07/16/2024 05:02 PM INDEX NO. 906757-24NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2024 and omissions, plaintiff has been damaged and endured violations of his rights to be free from illegal seizure and detention under the Fourth Amendment; was incarcerated in the Albany County jail; lost his apartment due to his incarceration; lost his employment as a result of his excessive incarceration; was deprived of his freedom and enjoyment of life; lost income from employment; has experienced stress and mental anguish; and there are other unknown injuries and damage of which plaintiff is not presently aware WHEREFORE, plaintiff Daniels demands judgment against the defendants individually and jointly and prays for relief as follows: (a) That he be compensated for violation of his rights, mental anguish, and humiliation in the amount of $500,000; and (b) That he be awarded punitive damages against the individual defendants in the amount of $1,500,000; and (c) That he be compensated for the costs and disbursem*nts and attorney’s fees of this action; and (d) For such other further and different relief as to the Court may seem just and proper. FOURTH CAUSE OF ACTION- FOURTH AMENDMENT MALICIOUS PROSECUTION 106. The allegations contained in paragraphs numbered 1 through 105 are hereby repeated and realleged as if fully set forth herein. -2 

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