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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

2994

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Civil Action No.:

NICOLE PAULTRE BELL, as Administratrix of the Estate of

SEAN ELIJAH BELL, and on behalf of his infant children,

JADA BELL and JORDYN BELL and NICOLE PAULTRE

BELL individually, JOSEPH GUZMAN and TRENT

JURY TRIAL

~~:"';'~;l:"~ 'SOA!, • BENEFIELD, Plaintiffs,

EMANDED
COMPLAINT

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THE CITY OF NEW YORK, THE NEW YORK CITYiJ v

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POLICE DEPARTMENT, P.O. PAUL HEADLEY, P.g.

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J MICHAEL CARY, P.O. MARC COOPER, P.O. GESCl\RQiUl ;1 i ZOOl fll~ A lA,,.t

ISNORA and P.O. MICHAEL OLIVER,

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,OOKLYN OFFiCE

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Defendants.

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Plaintiffs, by their attorneys, RUBENSTEIN & RYNECKI, ESQS. and MICHAEL A.

HARDY, ESQ., complaining of the defendants herein, upon information and belief, respectfully

show to this Court, and allege as follows:

JURISDICTION

That at all times hereinafter mentioned, plaintiffs bring this suit for a violation of

their civil rights under 42 U.S.C.A. sections 1981, 1983, 1985, 1986 and 1988 and within the United

States Constitution and the laws of the State of New York and this court has jurisdiction of this

action pursuant to 28 U.S.C.A. 1331 and 1343. Plaintiffs further invoke the supplemental jurisdiction

of this Court to adjudicate pendant state law claims pursuant to 28 USC section 1367.

The amount of damages in controversy is in excess of SEVENTY-FIVE

THOUSAND DOLLARS ($75,000.00), exclusive of interest and costs.

The venue is laid within the United States District Court for the Eastern District of

New York in that the incident arose in the Eastern District of New York.

Plaintiffs demand a trial by jury on each and every one of the claims pled herein.

THE PARTIES 1. The Decedent, SEAN ELIJAH BELL, resided at 191 Beach 27'h Street, County of

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Queens, City and State of New York.

2. NICOLE PAULTRE BELL, was engaged to be married to the Decedent, SEAN

ELIJAH BELL. NICOLE PAULTRE BELL, was appointed Administratrix of the goods, chattels,

credits ofDecedent, SEAN ELIJAH BELL, by order ofthe Honorable Robert L. Nahman, Surrogate

of Queens County by the order of the court on January 5, 2007.

3. JADA BELL and JORDYN BELL, are the children ofthe plaintiff, decedent, SEAN

ELIJAH BELL.

4. That in bringing this action against the above-named defendants, plaintiff,

NICOLE PAULTRE BELL, continues to act in her representative capacity on behalf of the Estate

ofSEAN ELIJAH BELL, and as the parent and natural guardian ofher infant children, JADA BELL

and JORDYN BELL as well.

5

JOSEPH GUZMAN, resides at 141 Beach 56th Place, County of Queens, City and

State of New York.

6. TRENT BENEFIELD, resides at 125 -30 Sutphin Boulevard, County ofQueens, City

and State of New York.

7. That the defendant, THE CITY OF NEW YORK, at all times hereinafter mentioned

was a municipal corporation duly organized and existing by virtue of the laws of the State of New

York.

8. That the defendant THE CITY OF NEW YORK maintains a police force known as

the NEW YORK CITY POLICE DEPARTMENT.

9. In addition to the facts alleged in the following sub paragraphs, the following

defendants are all sued in their individual and official capacities and all acted within the scope of

their employment and under color ofstate law, to wit, under color ofstatues, ordinances, regulations,

policies, customs and usages ofthe State of New York and/or City of New York.

A- Defendant, MICHAEL OLIVER, at all relevant times was a police officer employed

by the defendant, THE CITY OF NEW YORK.

B- Defendant, GESCARD ISNORA, at all relevant times was a police officer employed

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by the defendant, THE CITY OF NEW YORK. C- Defendant, MARC COOPER, at all relevant times was a police officer employed
by the defendant, THE CITY OF NEW YORK. D- Defendant, MICHAEL CARY, at all relevant times was a police officer employed
by the defendant, THE CITY OF NEW YORK. E- Defendant, PAUL HEADLEY, at all relevant times was a police officer employed
by the defendant, THE CITY OF NEW YORK. NOTICE OF CLAIM
10. Plaintiffs in furtherance of their State causes of action filed timely Notice of Claim against THE CITY OF NEW YORK, in compliance with General Municipal Law Section 50. The Notices of Claim were filed on February 23, 2007 and were filed individually on behalf of each plaintiff.
II. More than thirty (30) days has elapsed since service of the said Notice of Claim have been filed and THE CITY OF NEW YORK, has failed to payor adjust the claim.
12. By stipulation, THE CITY OF NEW YORK, has agreed to dispose with the need to hold a 50-H hearing examinations of the plaintiffs in advance of commencing this lawsuit.
FACTUAL ALLEGATIONS 13. This action has been commenced within one (I) year and ninety (90) days after the happening ofthe events, upon which these claims arise. 14. That the defendant, THE CITY OF NEW YORK, its agents, servants and/or employees operated, maintained, and controlled a police force known as the NEW YORK CITY POLICE DEPARTMENT, including all the police officers employed thereby. IS. That at all times hereinafter mentioned, defendants, P.O. PAUL HEADLEY, P.O. MICHAEL CARY, P.O. MARC COOPER, P.O. GESCARD ISNORA and P.O. MICHAEL OLIVER were employed by the defendant, THE NEW YORK CITY POLICE DEPARTMENT. 16. That on November 25, 2006 at approximately 4:00 A.M. and for sometime prior thereto, the plaintiff, decedent, SEAN ELIJAH BELL, was lawfully present at an establishment

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known as Kalua Cabaret, located at 143-08 94th Avenue, County of Queens, City and State of New York.
17. That on November 25,2006 at approximately 4:00 A.M. and for sometime prior thereto, the plaintiff, JOSEPH GUZMAN, was lawfully present at an establishment known as Kalua Cabaret, located at 143-08 94th Avenue, County of Queens, City and State of New York.
18. That on November 25, 2006 at approximately 4:00 A.M. and for sometime prior thereto, the plaintiff, TRENT BENEFIELD, was lawfully present at an establishment known as Kalua Cabaret, located at 143-08 94th Avenue, County of Queens, City and State of New York.
19. That on November 25, 2006 at approximately 4:00 A.M. the plaintiff, decedent, SEAN ELIJAH BELL, plaintiff, JOSEPH GUZMAN and plaintiff, TRENT BENEFIELD, were lawfully present at or near the comer of Liverpool Street and 94th Avenue, County of Queens, City and State of New York.
20. At the aforementioned time and place the plaintiff, decedent, SEAN ELIJAH BELL, proceeded to operate a motor vehicle with the plaintiff, JOSEPH GUZMAN and plaintiff, TRENT BENEFIELD, present as occupants in that vehicle.
21. At the aforementioned time and place as the plaintiff, decedent, SEAN ELIJAH BELL, lawfully operated the aforementioned motor vehicle with plaintiffs, JOSEPH GUZMAN and TRENT BENEFIELD, within the aforesaid motor vehicle. The defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, while acting as agents, servants and/or employees ofthe defendants, THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT, opened gunfire and began shooting at the plaintiff, decedent, SEAN ELIJAH BELL, plaintiff, JOSEPH GUZMAN and plaintiff, TRENT BENEFIELD, multiple times without reason or provocation.
22. That the shooting of the plaintiff, decedent, SEAN ELIJAH BELL, plaintiff, JOSEPH GUZMAN and plaintiff, TRENT BENEFIELD, was without probable cause.
23. The aforementioned shooting was performed knowingly, intentionally and willfully. 24. The aforementioned shooting was performed negligently and recklessly.

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25. The aforementioned shooting was performed without reason or provocation. 26. The aforementioned shooting resulted in the death ofthe plaintiff, decedent, SEAN ELIJAH BELL. 27. The aforementioned shooting caused serious personal injuries to the plaintiff, JOSEPH GUZMAN. 28. The aforementioned shooting caused serious personal injuries to the plaintiff, TRENT BENEFIELD. 29. After the aforementioned shooting plaintiff, JOSEPH GUZMAN, was placed under arrest. 30. After the aforementioned shooting plaintiff, TRENT BENEFIELD, was placed under arrest. 31. At no time during the events described above or as the events occurred did the defendant officers have probable cause for the discharge oftheir firearms. 32. At no time during the events described above or as the events occurred did the defendant officers have probable cause for the arrest ofthe plaintiff, JOSEPH GUZMAN, and there was no legal cause or excuse for his seizure. 33. At no time during the events described above or as the events occurred did the defendant officers have probable cause for the arrest ofthe plaintiff, TRENT BENEFIELD, and there was no legal cause or excuse for his seizure. 34. The actions of all individual defendants were performed within the scope of their employment and authority for whose acts ofthe defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, are liable under the doctrine ofrespondent superior. 35. By reason ofsaid shooting plaintiff, decedent, SEAN ELIJAH BELL, was caused to suffer severe physical injuries and pain and suffering resulting in death, including pre-death pain and suffering; emotional and psychological distress and horror. 36. By reason of said shooting the plaintiff, JOSEPH GUZMAN, was caused to suffer severe physical injuries, including pain and suffering; emotional and psychological distress and

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horror. 37. By reason ofsaid shooting the plaintiff, TRENT BENEFIELD, was caused to suffer
severe physical injuries, including pain and suffering; emotional and psychological distress and horror.
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF NICOLE PAULTRE BELL, AS ADMINISTRATRIX OF THE ESTATE OF SEAN ELIJAH BELL FOR WRONGFUL DEATH
38. The plaintiff repeats and realleges each and every allegation set forth above numbered "1" through "37" inclusive with the same force and effect as if more fully set forth at length herein.
39. That on November 25, 2006 at approximately 4:00 A.M. the plaintiff, decedent, SEAN ELIJAH BELL, was lawfully in a motor vehicle when he was caused to be shot multiple times resulting in his death, by defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY.
40. That the shooting ofthe plaintiff, decedent, SEAN ELIJAH BELL, was without probable cause.
41. The aforementioned shooting was performed knowingly, intentionally and willfully. 42. The aforementioned shooting was performed negligently and recklessly. The aforementioned shooting was performed without reason or provocation. 43. The aforementioned shooting resulted in the death of the plaintiff, decedent, SEAN ELIJAH BELL. 44. That at all times hereinafter mentioned, defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, engaged in the actions and conduct alleged herein in their official capacity as New York City Police Officers and under the color and authority of State law, regulation, ordinance, custom, and usage. 45. That such actions served to deprive the plaintiff, decedent, SEAN ELIJAH BELL, ofthe rights and privileges ofthe United States Constitution, the Fourteenth Amendment ofthe U.S. Constitution and Sec. 1983 of 42 U.S.C. In particular, he was deprived of his right to due process

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oflaw, of his right to happiness, to liberty, to be free from physical injury aud the unwarrauted use of physical force, and ultimately to the most fundamental right - his right to life.
46. The defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, have as a matter of policy and practice aud with deliberate indifference failed to adequately train, supervise, discipline, sanction or otherwise direct its' police officers, including the officers at the scene in this case, regarding the protection ofthe constitutional rights ofcitizens - aud more importantly - failed to tear down the "Blue Wall of Silence" so as to force the disclosure of these constitutional abuses aud to take corrective measures.
47. Such policy, practice and deliberate indifference have been described in excruciating detail in the various investigations and commissions into the Police Department. It has served to encourage and sanction the police officers' unlawful conduct described above, aud was a proximate cause ofthe violations ofdecedent SEAN ELIJAH BELL'S rights on themoming ofNovember 25, 2006.
48. By reason of the foregoing, the plaintiffs, NICOLE PAULTRE BELL, as Administratrix of the Estate of SEAN ELIJAH BELL, aud on behalf of his infant children, JADA BELL aud JORDYN BELL aud NICOLE PAULTRE BELL, individually demands judgment for wrongful death against the defendauts, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARDISNORA,P.O.MARCCOOPER,P.O.MICHAELCARYaudP.O.PAULHEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF NICOLE PAULTRE BELL, AS ADMINISTRATRIX OF THE ESTATE OF SEAN ELIJAH BELL. deceased--NEGLIGENCE
49. The plaintiff repeats aud realleges each and every allegation set forth above numbered "I" through "48" inclusive with the same force aud effect as if more fully set forth at length herein.
50. That said incident and the injuries resulting therefrom were caused solely by the negligence, carelessness, aud recklessness of defendants, THE CITY OF NEW YORK and THE

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NEW YORK CITY POLICE DEPARTMENT, through its agents, servants, employees and the police officers involved, defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, both directly and vicariously.
51. Such negligence consisted ofnegligence in training, hiring, supervision and retention of the police officers/detectives involved in this incident; in failing to observe the existing police department protocols for police officers/detectives designed to govern the use of deadly lethal force causing the serious injuries both physical and emotional resulting in death, discrimination arising and resulting out ofa shooting ofthe plaintiffand further, deprived plaintiffs civil rights, privileges and immunities secured under the Constitutions of the United States of America and State of New York; in failing to use care in the performance of police duties as reasonably prudent and careful police officers would have used in similar circumstances; in hiring and retaining persons who were unfit to serve as police officers/detectives; failing to properly investigate their background; in failing to train and instruct police officers/detectives, especially regarding the abuse of power while in the field; in failing to give police officers/detectives proper instructions on the use of force, use of firearms including proper discharge of said weapons; in failing to give police officers/detectives proper training regarding the phenomenon known as "contagious shooting" in their training and instruction, more specifically with regards to their training as to the use of firearms in public; improperly supervised police officers/detectives in the field, including the police officers/detectives as well as in the staffing, administration and processing of persons suspected of violation of the criminal laws ofthe State ofNew York which allowed the shooting ofthe plaintiff, decedent, SEAN ELIJAH BELL, which resulted in the death of the plaintiff, SEAN ELIJAH BELL.
52. The defendants, THE CITY OF NEW YORK NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, through its agents, servants, employees and the police officers involved, defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, were negligent, reckless and careless in shooting the plaintiff, decedent, SEAN ELIJAH BELL.

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53. The defendant, THE CITY OF NEW YORK, was further negligent in failing to properly investigate the aforesaid shooting, said negligence includes but not limited to the failure to administer a breathalyzer exam to those police officers involved in this shooting, and failing to do away and in failing to timely question those police officers involved.
54. As the result of said negligence, the plaintiff, decedent, SEAN ELIJAH BELL, was caused to suffer severe physical injuries and pain and suffering resulting in death, including predeath pain and suffering; emotional and psychological distress and horror.
55. By reason of the foregoing, the plaintiffs, NICOLE PAULTRE BELL, as Administratrix ofthe Estate of SEAN ELIJAH BELL, and on behalf of his infant children, JADA BELL and JORDYN BELL and NICOLE PAULTRE BELL individually, demands judgment for negligence against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF NICOLE PAULTRE BELL, AS ADMINISTRATRIX OF THE ESTATE OF
SEAN ELIJAH BELL. deceased-NEGLIGENT HIRING AND RETENTION
56. The plaintiffs repeat and realleges each and every allegation set forth above numbered "I" through "55" inclusive with the same force and effect as if more fully set forth at length herein.
57. The defendants, THE CITY OF NEW YORK NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, did not exercise reasonable care and diligence in the selection, engagement, employment and training of its agents, servants, and employees and were negligent in the hiring, training and retention of the defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, so as to cause the death of SEAN ELIJAH BELL.
58. That the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, had prior knowledge of the inappropriate, unlawful, and improper

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conduct of the defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, and continued to employ them and allowed them to be in contact with the public at large.
59. By reason of the foregoing, the plaintiffs, NICOLE PAULTRE BELL, AS ADMINISTRATRIX OF THE ESTATE OF SEAN ELIJAH BELL, deceased, and on behalfofhis infant children, JADA BELL and JORDYN BELL and NICOLE PAULTRE BELL, individually, demands judgment for negligent hiring and retention against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF NICOLE PAULTRE BELL, AS ADMINISTRATRIX OF THE ESTATE OF
SEAN ELIJAH BELL FOR CIVIL RIGHTS VIOLATION-42USC A 1983
60. The plaintiffs repeat and realleges each and every allegation set forth above numbered "1" through "59" inclusive with the same force and effect as if more fully set forth at length herein.
61. The defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY andP.O. PAUL HEADLEY, acting under the color of law and within the scope of their authority, assaulted and battered the plaintiff, decedent, SEAN ELIJAH BELL, in violation of42 U.S.c.A. section 1983 as well as other applicable state and federal laws.
62. The defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY andP.O. PAUL HEADLEY, acting under color oflaw and within the scope of their authority, deprived the plaintiff, decedent, SEAN ELIJAH BELL, ofliberty without due process and without reasonable cause in violation of

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42 U.S.C.A. Section 1983 as well as other applicable state and federal laws. 63. The defendants had deprived the plaintiff, decedent, SEAN ELIJAH BELL by their
actions ofhis civil rights as guaranteed by statute. 64. That the shooting was in violation ofthe civil rights ofthe plaintiff, decedent, SEAN
ELIJAH BELL, more particularly, 42 U.S.CA. Section 1983 as well as other applicable state and federal laws, including the first (I ") the fourth (4'h) and fourteenth (l4'h) Amendment to the United States Constitution.
65. That the deprivation by the defendants of plaintiffs civil rights was a result of the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT including but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, acting under color oflaw and within their authority as law enforcement officers within the employ of the defendants, CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT.
66. The defendants; P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, conspired with one another to deprive the plaintiff, decedent, SEAN ELIJAH BELL, of his constitutional rights, including the rights: to be free from the intentional use ofunreasonable force; to be free from unreasonable search and seizure, unreasonable and excessive force.
67. The defendants further violated the civil rights of the plaintiff, decedent, SEAN ELIJAH BELL, by conspiring to cover up the shooting of the plaintiff, decedent, SEAN ELIJAH BELL. Defendants engaged in a fabrication as to the acts and events leading up to and resulting in the shooting of the plaintiff, decedent, SEAN ELIJAH BELL.
68. That the defendants' actions were not privileged or immune. 69. That the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, were not acting with immunity when they deprived the plaintiff, decedent, SEAN ELIJAH BELL,

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of his civil rights. 70. By reason of the foregoing, the plaintiffs, NICOLE PAULTRE BELL, AS
ADMINISTRATRIX OF THE ESTATE OF SEAN ELIJAH BELL, deceased, and on behalfofhis infant children, JADA BELL and JORDYN BELL and NICOLE PAULTRE BELL, individually, demands judgment for civil rights violation against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF SEAN ELIJAH BELL FOR ASSAULT AND BATTERY
71. The plaintiffs repeat and realleges each and every allegation set forth above numbered" I" through "70" inclusive with the same force and effect as if more fully set forth at length herein.
72. That on November 25, 2006 at approximately 4:00 A.M. and for sometime prior thereto decedent, SEAN ELIJAH BELL, was lawfully at an establishment known as Kalua Cabaret, located at 143-08 94'h Avenue, County of Queens, City and State of New York
73. That on November 25, 2006 at approximately 4:00 A.M. and at all times hereinafter mentioned and upon information and belief, plaintiff, decedent, SEAN ELIJAH BELL, was shot without reason or provocation, resulting in death by the defendants, including but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, as agents, servants and/or employees of the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT.
74. The aforementioned shooting was performed knowingly, intentionally and wilfully. 75. That the police officers involved in this incident who committed the aforementioned shooting on the plaintiff, decedent, SEAN ELIJAH BELL, were acting within their scope of employment with the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT. 76. That the shooting of the plaintiff, decedent, SEAN ELIJAH BELL, was without

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probable cause. 77. By reason ofsaid assault and battery, the plaintiff, decedent, SEAN ELIJAH BELL,
was caused to suffer severe physical injuries and pain and suffering resulting in death, including predeath pain and suffering; emotional and psychological distress and horror.
78. By reason of the foregoing, the plaintiffs, NICOLE PAULTRE BELL, AS ADMINISTRATRIX OF THE ESTATE OF SEAN ELIJAH BELL, deceased, and on behalfofhis infant children, JADA BELL and JORDYN BELL and NICOLE PAULTRE BELL, individually, demands judgment for assault and battery against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A SIXTH CAUSE OF ACTION ON BEHALF OF NICOLE PAULTRE BELL, AS ADMINISTRATRIX OF THE ESTATE OF SEAN ELIJAH BELL FOR PUNITIVE DAMAGES
79. The plaintiff repeats and realleges each and every allegation set forth above numbered" I" through "78" inclusive with the same force and effect as if more fully set forth at length herein.
80. The actions of the defendants herein above alleged, were malicious, willful and grossly negligent.
81. The defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, authorized, permitted and ratified the unlawful and negligent acts ofdefendants, defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, its agents, servants and/or employees, herein above alleged.
82. By reason of the foregoing, the plaintiffs, NICOLE PAULTRE BELL, AS ADMINISTRATRIX OF THE ESTATE OF SEAN ELIJAH BELL, deceased, and on behalf ofhis infant children, JADA BELL and JORDYN BELL and NICOLE PAULTRE BELL, individually, demands judgment for punitive damages against the defendants, THE CITY OF NEW YORK and

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THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A SEVENTH CAUSE OF ACTION ON BEHALF OF JORDYN BELL INFANT CHILD OF FATHER AND NATURAL GUARDIAN DECEDENT SEAN ELIJAH BELL FOR LOSS OF SERVICES
83. The plaintiffs repeat and realleges each and every allegation set forth above numbered "I" through "82" inclusive with the same force and effect as if more fully set forth at length herein.
84. At all times hereinafter mentioned, the plaintiff, JORDYN BELL, was the daughter of decedent, SEAN ELIJAH BELL, and resided with him and was entitled to his services, society, comfort and affection.
85. As a result ofthe defendant's negligence, defendants' assault and battery, defendants negligent hiring and retention, and defendants' violation of the decedent's constitutional rights resulting in the death SEAN ELIJAH BELL, JORDYN BELL, has been deprived of the services, society and support of her Father, SEAN ELIJAH BELL, forever!
86. By reason ofthe foregoing, the plaintiffs, NICOLE PAULTRE BELL, as Mother and Natural Guardian ofJORDYN BELL, demands judgment on behalfof JORDYN BELL, against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, forloss ofservices, society, comfort, affection ofher Father, SEAN ELIJAH BELL, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A EIGHTH CAUSE OF ACTION FOR ON BEHALF OF JADA BELL INFANT CHILD OF FATHER AND NATURAL GUARDIAN DECEDENT SEAN ELIJAH BELL FOR LOSS OF SERVICES 87. The plaintiffs repeat and realleges each and every allegation set forth above
numbered "1" through "86" inclusive with the same force and effect as if more fully set forth at length herein.

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88. At all times hereinafter mentioned, the plaintiff, JADA BELL, was the daughter of decedent, SEAN ELIJAH BELL, and resided with him and was entitled to his services, society, comfort and affection.
89. As a result ofthe defendant's negligence, defendants' assault and battery, defendants negligent hiring and retention, and defendants' violation of the decedent's constitutional rights resulting in the death SEAN ELIJAH BELL, JADA BELL, has been deprived ofthe services, society and support of her Father, SEAN ELIJAH BELL, forever!
90. By reason ofthe foregoing, the plaintiffs, NICOLE PAULTRE BELL, as Mother and Natural Guardian of JADA BELL, demands judgment on behalf of JADA BELL, against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, for loss ofservices, society, comfort, affection ofher Father, SEAN ELIJAH BELL, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A NINTH CAUSE OF ACTION ON BEHALF OF JORDYN BELL INFANT CHILD OF FATHER AND NATURAL GUARDIAN DECEDENT SEAN ELIJAH BELL FOR LOSS OF GUIDANCE
91. The plaintiff repeats and realleges each and every allegation set forth above numbered" I " through "90" inclusive with the same force and effect as if more fully set forth at length herein.
92. At all times hereinafter mentioned, the plaintiff, JORDYN BELL, was the infant child ofthe plaintiff, decedent, SEAN ELIJAH BELL, who provided support, maintenance parental nurture and care, and the physical, moral and intellectual training and guidance prior to this occurrence.
93. As a result of the defendants' negligence, and violation of the decedent's constitutional rights, JORDYN BELL, has been deprived of the support, maintenance, parental nurture and care, the physical, moral and intellectual training and guidance of her father forever.
94. By reason ofthe foregoing, the plaintiffs, NICOLE PAULTRE BELL, as Mother and

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 16 of 38 PageID #: 16· , "
Natural Guardian ofJORDYN BELL, demands judgment for loss ofguidance, support, maintenance parental nurture and care, and the physical, moral and intellectual training on behalf of JORDYN BELL, against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, for loss of services, society, comfort, affection of her Father, SEAN ELIJAH BELL, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A TENTH CAUSE OF ACTION ON BEHALF OF JADA BELL INFANT CHILD OF FATHER AND NATURAL GUARDIAN DECEDENT
SEAN ELIJAH BELL FOR LOSS OF GUIDANCE
95. The plaintiffrepeats and realleges each and every allegation set forth above numbered "I" through "94" inclusive with the same force and effect as if more fully set forth at length herein.
96. At all times hereinafter mentioned, the plaintiff, JADA BELL, was the infant child of the plaintiff, decedent, SEAN ELIJAH BELL, who provided support, maintenance parental nurture and care, and the physical, moral and intellectual training and guidance prior to this occurrence.
97. As a result of the defendants' negligence, and violation of the decedent's constitutional rights, JADA BELL, has been deprived ofthe support, maintenance, parental nurture and care, the physical, moral and intellectual training and guidance of her father forever.
98. By reason ofthe foregoing, the plaintiffs, NICOLE PAULTRE BELL, as Mother and [Natural Guardian of JADA BELL, demands judgment for loss of guidance, support, maintenance parental nurture and care, and the physical, moral and intellectual training on behalf of JADA BELL, against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY andP.O. PAUL HEADLEY, for loss of services, society, comfort, affection of her Father, SEAN ELIJAH BELL, in a sum lex.cet·:d"~;inr.1lgg the jurisdictional limits of all the lower courts.

.. Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 17 of 38 PageID #: 17· ,
AS AND FOR A ELEVENTH CAUSE OF ACTION ON BEHALF OF JOSEPH GUZMAN FOR CIVIL RIGHTS VIOLATION -Sec. 1983 of 42 U.S.C.
99. The plaintiff repeats and realleges each and every allegation set forth above numbered" I" through "9S" inclusive with the same force and effect as if more fully set forth at length herein.
100. That on November 25, 2006 at approximately 4:00 A.M. and for sometime prior thereto, plaintiff, JOSEPH GUZMAN, was lawfully present at an establishment known as Kalua Cabaret, located at 143-0S 94th Avenue, County of Queens, City and State of New York.
101. That on November 25,2006 at approximately 4:00 A.M. the plaintiff, JOSEPH GUZMAN, was lawfully present at or near the corner of Liverpool Street and 94th Avenue, County of Queens, City and State of New York.
102. At the aforementioned time and place plaintiff, JOSEPH GUZMAN, was a lawful occupant in the motor vehicle operated by the plaintiff, decedent, SEAN ELIJAH BELL.
103. At the aforementioned time and place as the plaintiff, JOSEPH GUZMAN, lawfully occupied the aforementioned motor vehicle operated by the plaintiff, decedent, SEAN ELIJAH. The defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, while acting as agents, servants and/or employees of the defendants, THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT, opened gunfire and began shooting at the plaintiff, JOSEPH GUZMAN, striking
Iplilin1:iff, JOSEPH GUZMAN, multiple times without reason or provocation.
104. That the shooting of the plaintiff, JOSEPH GUZMAN, was without probable cause. 105. The aforementioned shooting was performed knowingly, intentionally and willfully. 106. The aforementioned shooting was performed negligently and recklessly. 107. The aforementioned shooting was performed without reason or provocation. lOS. The aforementioned shooting caused serious personal injuries to the plaintiff, JOSEPH GUZMAN. 109. After the aforementioned shooting plaintiff, JOSEPH GUZMAN, was placed under

.. , , Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 18 of 38 PageID #: 18

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arrest. 110. At no time during the events described above or as the events occurred did the
defendants officers have probable cause for the discharge of their firearms III. At no time during the events described above or as the events occurred did the
defendants officers have probable cause for the arrest ofthe plaintiff, JOSEPH GUZMAN, and there was no legal cause or excuse for his seizure.
112. The actions of all individual defendants were performed within the scope of their employment and authority for whose acts ofthe defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, are liable under the doctrine ofrespondent superior.
113. That at all times hereinafter mentioned, defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, engaged in the actions and conduct alleged herein in their official capacity as New York City Police Officers and under the color and authority of State law, regulation, ordinance, custom, and usage.
114. That such actions served to deprive the plaintiff, JOSEPH GUZMAN, of the rights and privileges ofthe United States Constitution, the Fourteenth Amendment ofthe U.S. Constitution and Sec. 1983 of 42 U.S.c. In particular, he was deprived of his right to due process oflaw, of his right to happiness, to liberty, to be free from physical injury and the unwarranted use of physical force.
115. The defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, have as a matter of policy and practice and with deliberate indifference failed to adequately train, supervise, discipline, sanction or otherwise direct it's police officers, including the officers at the scene in this case, regarding the protection ofthe constitutional rights ofcitizens - and more importantly - failed to tear down the "Blue WaH of Silence" so as to force the disclosure of these constitutional abuses and to take corrective measures.
116. Such policy, practice and deliberate indifference have been described in excruciating detail in the various investigations and commissions into the Police Department. It has served to encourage and sanction the police officers' unlawful conduct described above, and was a proximate

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 19 of 38 PageID #: 19 , '
cause of the violations of the plaintiff, JOSEPH GUZMAN'S rights on the morning of November 25,2006.
117. By reason of the foregoing, the plaintiff, JOSEPH GUZMAN, demands judgment for violation ofhis civil rights against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A TWELFTH CAUSE OF ACTION CAUSE OF ACTION ON BEHALF OF JOSEPH GUZMAN FOR NEGLIGENCE
118. The plaintiff repeats and realleges each and every allegation set forth above numbered "I" through "117" inclusive with the same force and effect as if more fully set forth at length herein.
119. That said incident and the injuries resulting therefrom were caused solely by the negligence, carelessness, and recklessness ofdefendants, THE CITY OF NEW YORK NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, through its agents, servants, employees and the police officers involved, defendants, P.O. MICHAEL OLIVER, P.O. GESCARDISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, both directly and vicariously.
120. Such negligence consisted of: in training, hiring, supervision and retention ofpolice officers/detectives, outrageous conduct, in failing to observe the existing police department protocols for police officers/detectives designed to govern the use of deadly lethal force causing the serious injuries both physical and emotional, discrimination arising and resulting out of a shooting of the plaintiff and further, deprived plaintiffs civil rights, privileges and immunities secured under the Constitutions of the United States of America and State of New York; in failing to use care in the performance of police duties as reasonably prudent and careful police would have used in similar circumstances; in hiring and retaining persons who were unfit to serve as police officers/detectives; failing to properly investigate their background; in failing to properly train and instruct police

, , Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 20 of 38 PageID #: 2.0'

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officers/detectives, especially regarding the abuse of power while in the field; in failing to give police officers/detectives proper instructions on the use of force, use of firearms including proper discharge ofsaid weapons; in failing to give police officers/detectives proper training regarding the phenomenon known as "contagious shooting" in their training and instruction, more specifically with regards to their training as to the use of firearms in public; improperly supervised police officers/detectives in the field, including the police officers/detectives herein as well as in the staffing, administration and processing ofpersons suspected ofviolation ofthe criminal laws ofthe State of New York, which allowed the abuse and shooting of the plaintiff, JOSEPH GUZMAN.
121. The defendants, THE CITY OF NEW YORK NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, through its agents, servants, employees and the police officers involved, defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, were negligent, reckless and careless in shooting the plaintiff, JOSEPH GUZMAN.
122. As the result of said negligence, the plaintiff, JOSEPH GUZMAN, was caused to suffer severe physical injuries and pain and suffering, including pain and suffering; emotional and psychological distress and horror.
123. By reason ofthe foregoing, the plaintiff, JOSEPH GUZMAN, demands judgment for negligence against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A THIRTEENTH CAUSE OF ACTION ON BEHALF OF JOSEPH GUZMAN FOR NEGLIGENT HIRING AND RETENTION 124. The plaintiff repeats and realleges each and every allegation set forth above numbered" I "through "123" inclusive with the same force and effect as if more fully set forth at length herein. 125. The defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, did not exercise reasonable care and diligence in the selection,

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 21 of 38 PageID #: 21

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engagement, employment and training of its agents, servants, and employees and were negligent in the hiring, training and retention of the defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, who shot the plaintiff JOSEPH GUZMAN.
126. That the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, had prior knowledge of the inappropriate, unlawful, and improper conduct of the defendants, P.O. PAUL HEADLEY, P.O. MICHAEL CARY, P.O. MARC COOPER, P.O. GESCARD ISNORA and P.O. MICHAEL OLIVER, and continued to employ them and allowed them to be in contact with the public at large.
127. By reason ofthe foregoing, the plaintiff, JOSEPH GUZMAN, demands judgment for negligent hiring and retention against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A FOURTEENTH CAUSE OF ACTION ON BEHALF OF JOSEPH GUZMAN FOR ASSAULT AND BATTERY
128. The plaintiff repeats and realleges each and every allegation set forth above numbered" I" through" 127" inclusive with the same force and effect as if more fully set forth at length herein.
129. That the defendant, THE CITY OF NEW YORK, at all times hereinafter mentioned was a municipal corporation duly organized and existing by virtue of the laws of the State of New York.
130. That the defendant, THE CITY OF NEW YORK maintains a police force known as the NEW YORK CITY POLICE DEPARTMENT.
131. That the defendant, THE CITY OF NEW YORK, its agents, servants and/or employees operated, maintained, and controlled a police force known as THE NEW YORK CITY POLICE DEPARTMENT, including all the police officers employed thereby.

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 22 of 38 PageID #: 22

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132. That at all times hereinafter mentioned, the defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, were employed by the defendant, NEW YORK CITY POLICE DEPARTMENT.
133. That on November 25,2006 at approximately 4:00 A.M. and for sometime prior thereto, the plaintiff, JOSEPH GUZMAN, was lawfully present at an establishment known as Kalua Cabaret, located at 143-08 94th Avenue, County of Queens, City and State of New York.
134. That on November 25, 2006 at approximately 4:00 A.M. the plaintiff, JOSEPH GUZMAN, was lawfully present at or near the comer of Liverpool Street and 94th Avenue, County of Queens, City and State of New York.
135. At the aforementioned time and place plaintiff, JOSEPH GUZMAN, was a lawful occupant in the vehicle operated by the plaintiff, decedent, SEAN ELIJAH BELL.
136. At the aforementioned time and place as the plaintiff, JOSEPH GUZMAN, lawfully occupied the aforementioned motor vehicle operated by the plaintiff, decedent, SEAN ELIJAH BELL. The defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, while acting as agents, servants and/or employees of the defendants, THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT, opened gunfire and began shooting at the plaintiff, JOSEPH GUZMAN. Striking plaintiff, JOSEPH GUZMAN, multiple times without reason or provocation.
137. That the shooting of the plaintiff, JOSEPH GUZMAN, was without probable cause. 138. The aforementioned shooting was performed knowingly, intentionally and willfully. 139. The aforementioned shooting was performed negligently and recklessly. 140. The aforementioned shooting was performed without reason or provocation. 141. The aforementioned shooting caused serious personal injuries to the plaintiff, JOSEPH GUZMAN. 142. After the aforementioned shooting plaintiff, JOSEPH GUZMAN, was placed under arrest. 143. At no time during the events described above or as the events occurred did the

'. . Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 23 of 38 PageID #: 23 ,
defendants officers have probable cause for the discharge of their firearms 144. At no time during the events described above or as the events occurred did the
defendants officers have probable cause for the arrest ofthe plaintiff, JOSEPH GUZMAN, and there was no legal cause or excuse for his seizure.
145. The actions of all individual defendants were perfonned within the scope of their employment and authority for whose acts of the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, are liable under the doctrine ofrespondent superior.
146. By reason of said shooting the plaintiff, JOSEPH GUZMAN, was caused to suffer severe physical injuries and pain and suffering, including pain and suffering; emotional and psychological distress and horror.
147. By reason ofthe foregoing, the plaintiff, JOSEPH GUZMAN, demands judgment for assault and battery against the defendants, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR FIFTEENTH CAUSE OF ACTION ON BEHALF OF JOSEPH GUZMAN FOR FALSE ARREST AND IMPRISONMENT
148. The plaintiff repeats and realleges each and every allegation set forth above numbered "1" through "147" inclusive with the same force and effect as if more fully set forth at length herein.
149. That on November 25, 2006, the defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, as agents, servants and/or employees of the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, who were working within their scope ofemployment and authority with the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, when they arrested and confined the plaintiff, JOSEPH GUZMAN.
150. That the arrest and confinement was without probable cause nor based on reasonable

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 24 of 38 PageID #: 2.4" J <
grounds and not founded upon an arrest warrant. 151. That the false arrest and confinement ofthe plaintiff, JOSEPH GUZMAN, occurred
after he was shot multiple times and sustained serious permanent personal injuries along with humiliation, shame, indignity, damage to reputation and credit and suffered emotional and physical distress and injuries.
152. By the reason ofthe foregoing, the plaintiff, JOSEPH GUZMAN, demands judgment for false arrest and imprisonment against the defendants, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A SIXTEENTH CAUSE OF ACTION ON BEHALF OF JOSEPH GUZMAN FOR PUNITIVE DAMAGES
153. The plaintiff repeats and realleges each and every allegation set forth above numbered "1" through "152" inclusive with the same force and effect as ifmore fully set forth at length herein.
154. The actions of the defendants herein above alleged, were malicious, willful and grossly negligent.
155. The defendants, THE CITY OF NEW YORK NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, authorized, permitted and ratified the unlawful and negligent acts defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, its agents, servants and/or employees, herein above alleged.
156. By the reason ofthe foregoing, the plaintiff, JOSEPH GUZMAN, demands judgment for punitive damages against the defendants, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A SEVENTEENTH CAUSE OF ACTION ON BEHALF OF

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TRENT BENEFIELD FOR CIVIL RIGHTS VIOLATION -Sec. 1983 of 42 U.S.C.
157. The plaintiff repeats and realleges each and every allegation set forth above numbered" I" through" 156" inclusive with the same force and effect as if more fully set forth at length herein.
158. That on November 25,2006 at approximately 4:00 A.M. the plaintiff, TRENT BENEFIELD, was lawfully present at or near the corner of Liverpool Street and 94th Avenue, County of Queens, City and State of New York.
159. At the aforementioned time and place plaintiff, TRENT BENEFIELD, was a lawful occupant in the motor vehicle operated by the plaintiff, decedent, SEAN ELIJAH BELL.
160. At the aforementioned time and place as the plaintiff, TRENT BENEFIELD, lawfully occupied the aforementioned motor vehicle operated by the plaintiff, decedent, SEAN ELIJAH BELL. The defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, while acting as agents, servants and/or employees of the defendants, THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT, opened gunfire and began shooting at the plaintiff, TRENT BENEFIELD, striking plaintiff, TRENT BENEFIELD, multiple times without reason or provocation.
161. That the shooting oftheplaintiff, TRENT BENEFIELD, was without probable cause. 162. The aforementioned shooting was performed knowingly, intentionally and willfully. 163. The aforementioned shooting was performed negligently and recklessly. 164. The aforementioned shooting was performed without reason or provocation. 165. The aforementioned shooting caused serious personal injuries to the plaintiff, TRENT BENEFIELD. 166. After the aforementioned shooting plaintiff, TRENT BENEFIELD, was placed under arrest. 167. At no time during the events described above or as the events occurred did the defendants officers have probable cause for the discharge of their firearms

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 26 of 38 PageID #: 26
168. At no time during the events described above or as the events occurred did the defendants officers have probable cause for the arrest of the plaintiff, TRENT BENEFIELD, and there was no legal cause or excuse for his seizure.
169. The actions of all individual defendants were performed within the scope of their employment and authority for whose acts ofthe defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, are liable under the doctrine ofrespondent superior.
170. That at all times hereinafter mentioned, defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA,P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAULHEADLEY, engaged in the actions and conduct alleged herein in his official capacity as a New York City police officer and under the color and authority of State law, regulation, ordinance, custom, and usage.
171. That such actions served to deprive the plaintiff, TRENT BENEFIELD, of the rights and privileges of the United States Constitution, the Fourteenth Amendment of the U.S. Constitution and Sec. 1983 of 42 U.S.C. In particular, he was deprived of his right to due process oflaw, of his right to happiness, to liberty, to be free from physical injury and the unwarranted use of physical force.
172. The defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, have as a matter ofpolicy and practice and with deliberate indifference failed to adequately train, supervise, discipline, sanction or otherwise direct it's police officers, including the officers at the scene in this case, regarding the protection of the constitutional rights of citizens - and more importantly - failed to tear down the "Blue Wall of Silence" so as to force the disclosure ofthese constitutional abuses and to take corrective measures.
173. Such policy, practice and deliberate indifference have been described in excruciating detail in the various investigations and commissions into the Police Department. It has served to encourage and sanction the police officers' unlawful conduct described above, and was a proximate cause ofthe violations ofthe plaintiff, TRENT BENEFIELD'S, rights on the morning ofNovember 25,2006.
174. By reason ofthe foregoing, the plaintiff, TRENT BENEFIELD, demands judgment

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 27 of 38 PageID #: 27
for violation ofhis civil rights against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A EIGHTEENTH CAUSE OF ACTION ON BEHALF OF TRENT BENEFIELD FOR NEGLIGENCE
175. The plaintiff repeats and realleges each and every allegation set forth above numbered "I" through "174" inclusive with the same force and effect as if more fully set forth at length herein.
176. That said incident and the injuries resulting therefrom were caused solely by the negligence, carelessness, and recklessness of defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, through its agents, servants, employees and the police officers involved, defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, both directly and vicariously.
177. Such negligence consisted of: in training, hiring, supervision and retention ofpolice officers/detectives, outrageous conduct, in failing to observe the existing police department protocols for police officers/detectives designed to govern the use of deadly lethal force causing the serious injuries both physical and emotional, discrimination arising and resulting out of a shooting of the plaintiff and further, deprived plaintiffs civil rights, privileges and immunities secured under the Constitutions of the United States of America and State of New York; in failing to use care in the performance of police duties as reasonably prudent and careful police would have used in similar circumstances; in hiring and retaining persons who were unfit to serve as police officers/detectives; failing to properly investigate their background; in failing to properly train and instruct police officers/detectives, especially regarding the abuse of power while in the field; in failing to give police officers/detectives proper instructions on the use of force, use of firearms including proper discharge ofsaid weapons; in failing to give police officers/detectives proper training regarding the

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 28 of 38 PageID #: 2"8

, <

phenomenon known as "contagious shooting" in their training and instruction, more specifically with regards to their training as to the use of firearms in public; improperly supervised police officers/detectives in the field, including the police officers/detectives herein as well as in the staffing, administration and processing ofpersons suspected of violation ofthe criminal laws of the State of New York, which allowed the abuse and shooting of the plaintiff, TRENT BENEFIELD.
178. The defendants, THE CITY OF NEW YORK NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, through its agents, servants, employees and the police officers involved, defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, were negligent, reckless and careless in shooting the plaintiff, TRENT BENEFIELD.
179. As the result of said negligence, the plaintiff, TRENT BENEFIELD, was caused to suffer severe physical injuries and pain and suffering, including pain and suffering; emotional and psychological distress and horror.
180. By reason of the foregoing, the plaintiff, TRENT BENEFIELD, demands judgment for negligence against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A NINETEENTH CAUSE OF ACTION ON BEHALF OF TRENT BENEFIELD ACTION FOR NEGLIGENT HIRING AND RETENTION
181. The plaintiff repeats and realleges each and every allegation set forth above numbered" 1" through" 180" inclusive with the same force and effect as if more fully set forth at length herein.
182. The defendants, THE CITY OF NEW YORK NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, did not exercise reasonable care and diligence in the selection, engagement, employment and training of its agents, servants, and employees and were negligent in the hiring, training and retention of defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, who shot

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 29 of 38 PageID #: 2.9' , ,
the plaintiff, TRENT BENEFIELD 183. That the defendants, THE CITY OF NEW YORK NEW YORK and THE NEW
YORK CITY POLICE DEPARTMENT, had prior knowledge of the inappropriate, unlawful, and improper conduct of the defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, and continued to employ them and allowed them to be in contact with the public at large.
184. By reason of the foregoing, the plaintiff, TRENT BENEFIELD, demands judgment for negligent hiring and retention against the defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A TWENTIETH CAUSE OF ACTION ON BEHALF OF TRENT BENEFIELD FOR ASSAULT AND BATTERY
185. The plaintiff repeats and realleges each and every allegation set forth above numbered" 1" through" 184" inclusive with the same force and effect as if more fully set forth at length herein.
186. That the defendant, THE CITY OF NEW YORK, at all times hereinafter mentioned was a municipal corporation duly organized and existing by virtue ofthe laws ofthe State of New York.
187. That the defendant THE CITY OF NEW YORK maintains a police force known as the NEW YORK CITY POLICE DEPARTMENT.
188. That the defendant, THE CITY OF NEW YORK, its agents, servants and/or employees operated, maintained, and controlled a police force known as THE NEW YORK CITY POLICE DEPARTMENT, including all the police officers employed thereby.
189. That at all times hereinafter mentioned, the defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, were employed by the defendant, NEW YORK CITY POLICE DEPARTMENT.

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 30 of 38 PageID #: 30
190. That on November 25,2006 at approximately 4:00 A.M. and for sometime prior thereto, the plaintiff, TRENT BENEFIELD, was lawfully present at an establishment known as Kalua Cabaret, located at 143-08 94th Avenue, County of Queens, City and State of New York.
191. That on November 25,2006 at approximately 4:00 A.M. the plaintiff, TRENT BENEFIELD, was a lawfully present at or near the comer of Liverpool Street and 94th Avenue, County of Queens, City and State of New York.
192. At the aforementioned time and place the plaintiff, TRENT BEBEFIELD, was a lawful occupant in the vehicle operated by the plaintiff, decedent, SEAN ELIJAH BELL.
193. At the aforementioned time and place as the plaintiff, TRENT BENEFIELD, lawfully occupied the aforementioned motor vehicle operated by the plaintiff, decedent, SEAN ELIJAH. The defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, while acting as agents, servants and/or employees of the defendants, THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT, opened gunfire and shooting at the plaintiff, TRENT BENEFIELD. Striking the plaintiff, TRENT BENEFIELD, multiple times without reason or provocation.
194. That the shooting ofthe plaintiff, TRENT BENEFIELD, was without probable cause. 195. The aforementioned shooting was performed knowingly, intentionally and willfully. 196. The aforementioned shooting was performed negligently and recklessly. 197. The aforementioned shooting was performed without reason or provocation. 198. The aforementioned shooting caused serious personal injuries to the plaintiff, TRENT BENEFIELD. 199. After the aforementioned shooting plaintiff, TRENT BENEFIELD, was placed under arrest. Said arrest and confinement was seen on many local television news programs. 200. At no time during the events described above or as the events occurred did the defendants officers have probable cause for the discharge of their firearms 201. At no time during the events described above or as the events occurred did the

, ,
Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 31 of 38 PageID #: 31
defendants officers have probable cause for the arrest of the plaintiff, TRENT BENEFIELD, and there was no legal cause or excuse for his seizure,
202, The actions of all individual defendants were performed within the scope of their employment and authority for whose acts ofthe defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, are liable under the doctrine ofrespondent superior,
203, By reason of said shooting the plaintiff, TRENT BENEFIELD, was caused suffer severe physical injuries and pain and suffering, including pain and suffering; emotional and psychological distress and horror.
204, By reason of the foregoing, the plaintiff, TRENT BENEFIELD, demands judgment for assault and battery against the defendants, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P,O, MICHAEL OLIVER, P.O, GESCARD ISNORA, P,O, MARC COOPER, P,O, MICHAEL CARY and P,O, PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts,
AS AND FOR TWENTY-FIRST CAUSE ACTION ON BEHALF OF TRENT BENEFIELD FOR FALSE ARREST AND IMPRISONMENT 205, The plaintiff repeats and realleges each and every allegation set forth above numbered" I " through "204" inclusive with the same force and effect as if more fully set forth at length herein, 206, That on November 25, 2006, the defendants, P,O, MICHAEL OLIVER, P,O, GESCARD ISNORA, P,O, MARC COOPER, P,0, MICHAEL CARY and p,O, PAUL HEADLEY, as agents, servants and/or employees who were working within their scope of employment and authority when they arrested and confined the plaintiff, TRENT BENEFIELD, 207, That the arrest and confinement were without probable cause nor based on reasonable grounds and not founded upon an arrest warrant. 208, That as a result of the aforesaid false arrest and confinement, plaintiff, TRENT BENEFIELD, sustained serious permanent personal injuries along with humiliation, shame, indignity, damage to reputation and credit and suffered emotional and physical distress and injuries,

, ,
Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 32 of 38 PageID #: 32
defendants officers have probable cause for the arrest of the plaintiff, TRENT BENEFIELD, and there was no legal cause or excuse for his seizure,
202. The actions of all individual defendants were performed within the scope of their employment and authority for whose acts ofthe defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, are liable under the doctrine ofrespondent superior.
203. By reason of said shooting the plaintiff, TRENT BENEFIELD, was caused suffer severe physical injuries and pain and suffering, including pain and suffering; emotional and psychological distress and horror.
204. By reason of the foregoing, the plaintiff, TRENT BENEFIELD, demands judgplent for assault and battery against the defendants, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P,O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR TWENTY-FIRST CAUSE ACTION ON BEHALF OF TRENT BENEFIELD FOR FALSE ARREST AND IMPRISONMENT 205. The plaintiff repeats and realleges each and every allegation set forth above numbered" I" through "204" inclusive with the same force and effect as if more fully set forth at length herein. 206. That on November 25, 2006, the defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, as agents, servants and/or employees who were working within their scope of employment and authority when they arrested and confined the plaintiff, TRENT BENEFIELD. 207. That the arrest and confinement were without probable cause nor based on reasonable grounds and not founded upon an arrest warrant. 208. That as a result of the aforesaid false arrest and confinement, plaintiff, TRENT BENEFIELD, sustained serious permanent personal injuries along with humiliation, shame, indignity, damage to reputation and credit and suffered emotional and physical distress and injuries.

.· Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 33 of 38 PageID #: 33
As the aforesaid arrest was displayed over many televised news programs. 209. By reason ofthe foregoing, the plaintiff, TRENT BENEFIELD, demands
judgment for false arrest and imprisonment against the defendants, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.
AS AND FOR A TWENTY-SECOND CAUSE OF ACTION ON BEHALF OF TRENT BENEFIELD FOR PUNITIVE DAMAGES
210. The plaintiff repeats and realleges each and every allegation set forth above numbered" I " through "209" inclusive with the same force and effect as if more fully set forth at length herein.
211. The actions of the defendants herein above alleged, were malicious, willful and grossly negligent.
212. The defendants, THE CITY OF NEW YORK NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, authorized, permitted and ratified the unlawful and negligent acts of defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, its agents, servants and/or employees, herein above alleged.
213. By reason of the foregoing, the plaintiff, TRENT BENEFIELD, demands judgment for punitive damages against the defendants, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, including, but not limited to defendants, P.O. MICHAEL OLIVER, P.O. GESCARD ISNORA, P.O. MARC COOPER, P.O. MICHAEL CARY and P.O. PAUL HEADLEY, in a sum exceeding the jurisdictional limits of all the lower courts.

· Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 34 of 38 PageID #: 34 "
WHEREFORE, plaintiff, NICOLE PAULTRE BELL, as Administratrix of the Estate of SEAN ELIJAH BELL, for wrongful death, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts on the First Cause of Action; plaintiff, NICOLE PAULTRE BELL, as Administratrix ofthe Estate of SEAN ELIJAH BELL, for negligence, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts on the Second Cause of Action; plaintiff, NICOLE PAULTRE BELL, as Administratrix of the Estate of SEAN ELIJAH BELL, for negligent hiring and retention, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts on the Third Cause of Action; plaintiff, NICOLE PAULTRE BELL, as Administratrix of the Estate of SEAN ELIJAH BELL, for civil rights violation, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts on the Fourth Cause of Action; plaintiff, decedent, SEAN ELIJAH BELL, for assault and battery, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts on the Fifth Cause of Action; plaintiff, NICOLE PAULTRE BELL, as Administratrix ofthe Estate of SEAN ELIJAH BELL, for punitive damages, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Sixth Cause of Action; plaintiff, JORDYN BELL, infant child of father and natural guardian decedent, SEAN ELIJAH BELL, for loss of services, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Seventh Cause of Action; plaintiff, JADA BELL, infant child of father and natural guardian decedent, SEAN ELIJAH BELL, for loss of services, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Eighth Cause of Action; plaintiff, JORDYN BELL, infant child of father and natural guardian decedent, SEAN ELIJAH BELL, for loss of guidance, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Ninth Cause of Action; plaintiff, JADA BELL, infant child of father and natural guardian decedent, SEAN ELIJAH BELL, for loss of guidance, demands judgment both

., Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 35 of 38 PageID #: 35 , ,, "
compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Tenth Cause of Action; plaintiff, JOSEPH GUZMAN, for civil rights violation, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Eleventh Cause of Action; plaintiff, JOSEPH GUZMAN, for negligence, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Twelfth Cause of Action; plaintiff, JOSEPH GUZMAN, for negligent hiring and retention, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits ofall lower Courts, on the Thirteenth Cause of Action; plaintiff, JOSEPH GUZMAN, for assault and battery, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Fourteenth Cause of Action; plaintiff, JOSEPH GUZMAN, false arrest and imprisonment, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Fifteenth Cause of Action; plaintiff, JOSEPH GUZMAN, for punitive damages, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Sixteenth Cause of Action; plaintiff, TRENT BENEFIELD, for civil rights violation, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Seventeenth Cause of Action; plaintiff, TRENT BENEFIELD, for negligence, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits ofall lower Courts, on the Eighteenth Cause ofAction; plaintiff, TRENT BENEFIELD, for negligent hiring and retention, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Nineteenth Cause of Action; plaintiff, TRENT BENEFIELD, for assault and battery, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts, on the Twentieth Cause ofAction; plaintiff, TRENT BENEFIELD, false arrest and imprisonment, demands judgment both compensatory and exemplary in an amount exceeding the jurisdictional limits ofall lower Courts, on the Twenty-First Cause ofAction; the plaintiff, TRENT BENEFIELD, for punitive damages, demands judgment both compensatory and exemplary in an

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 36 of 38 PageID #: 36 I,' .

amount exceeding the jurisdictional limits of all lower Courts, on the Twenty-Second Cause of Action; together with attorneys' fees, and the costs and disbursements of this action.

DATED: Brooklyn, New York July 10, 2007

t i k t : Yours, etc.

.

SC(JfT ~C=nsER4J39)

RUBENSTEIN & RYNECKI, ESQS.

Attorneys for Plaintiffs

16 Court Street Suite 1717

Brooklyn, New York 11241

(718) 522-1020

MICHAEL A. HARDY, ESQ. (MH4324)

Co-Attorney for Plaintiffs

1674 Broadway, 7th Floor

New York, New York 10019

(212) 262-0900

NICOLE PAULTRE BELL, as Administratrix ofthe

Estate of SEAN ELIJAH BELL, and on behalf of his

infant children, JADA BELL and JORDYN BELL

and NICOLE PAULTRE BELL individually,

JOSEPH GUZMAN and TRENT BENEFIELD

File No.: 06SB 11-25

Case 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 37 of 38 PageID #: 37

INDIVIDUAL VERIFICATION

STATE OF NEW YORK ) COUNTY OF KINGS )

) SS:

TRENT BENEFIELD, being duly sworn, deposes and says, that deponent is the plaintiff in the within action; that deponent has read the foregoing COMPLAINT and knows the contents hereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes them to be true.

Sworn to before me this

Jc:l'l:lay of 5~~_~

'£

-- .. :=:>

~'" r PUBLIC···· ::=-.

CHARLOTTE YOUNG
Notary Public, State of New York
No.01Y06131477
Qualified In Kings County rY>
Commission Expires 08/01/20...- ,

, .
, '... C• af se 1:07-cv-02994-RLM Document 1 Filed 07/24/07 Page 38 of 38 PageID #: 38

INDIVIDUAL VERIFICATION

STATE OF NEW YORK ) COUNTY OF KINGS )

) SS:

NICOLE PAULTRE BELL, as Administratrix ofthe Estate of SEAN ELIJAH BELL, and on behalfofhis infant children, JADA BELL and JORDYN BELL and individually, being duly sworn, deposes and says, that deponent is the plaintiff in the within action; that deponent has read the foregoing COMPLAINT and knows the contents hereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes them to be true.

S'!':.?!ll to before me this
If"' n~y of -S-v I? ' 2°._°7_._ _ _
7
ARLOTTE.YO\JNQ...NotaryPlmtlc,Sfate of New York
No.01Y061314n Qualified In Kings County ...eve, Commisslo/l expires 08101120 ~ \

 
 Case 1:07-cv-02994-RLM Document 80 Filed 10/06/10 Page 1 of 6 PageID #: 306

UNITED STATES DlSTIlICT COURT
EASTERN DJST'RlCT OF NEW YORK. ----.X __ .. ____ ...... __....._ ...........__...._.__..._.~.....______ ... _ ..... _ .......w ..

NICOLE PAULTRE BELL, as AdminlsJrBttix of the Estate of SEAN ELiJAH BELL, and on behalf ofhls infant childtcD, JADA BELL and JORDYN BELL and NICOLE PAULTRE BELL individually, JOSEPH OUZMAN and TRENT BENEFIELD,
Ptainliffs,
THE CITY Of NEW YORK. THE NEW YORK CITY POLICE DEPARTMENT. P.O. PAUL HEADLEY. P.O. MICHABL CAkY. P.O. MARC COOPER. P.O. GESCAJlO ISNORA and P.O. MICHAEL OUVER,

STIPULATION 0' SETTLEMENT AND ORDER OF DISMISSAL
01·CV·02994 (SJ){RLM)
FILED
IN CLERK'S OFFiCe:
* * U.S. DISTRICT COIJRT E.D.N.Y. OCT 0 6 2010
BROOKLYN OFFICE

Defendants,
--....----.-..................- .................----..........- ...--......-..--..- ..·x

WHEREAS, plaintiffs Nicole Paultre Bell. as Administratrix of tbe Estate of
Sean Elijah Ben, and on behalf of hi. infant children, J.da Bell and Jordyn BeJl tmd Nicole
Paultre Bell. individually. Joseph <hazrn.n. and Tmtt Bencfac:ld commenced thi, acdon by filing
th., a complaint on or about July 24, 2007. alleging lhc defendants violated plaintifD" fedrnl
civil and state common law rights: and WH£REAS. defendanb bave denied any and aU HabiJity arisins out of
plaintiffs' allegations; and WHEREAS, defendants Marc Cooper, Oe$card fsnora.. Uld Michael Oliver filtd
ero!!, cl.inur againal defendant Ctty ofNew York on or about JUDe 17.2010; and
WlfEREAS, defendant City of New York hQ denied any and all liability u1s1ng 011& of defendant.!l Man; Cooper. Ocscard lsnot8, and Michael Olivera· l!)1Ieptiona; and

Case 1:07-cv-02994-RLM Document 80 Filed 10/06/10 Page 2 of 6 PageID #: 307
WHEREAS, defendant Mic:hael Carey filed CION c'a1ms agaiMt defendants Cit)' of New York, the New York City ponce Ocpu1menl, Paul Hcadley. Marc Cooper, Gescard l.sn.ora, and Michael Oliver on or .bout June 18, 2010~ and
WHEREAS. defeadan1 Michael Cucy flied amended cross claims ilQlin.t defendanta City of New York and the New York City Police Deputment on or about July 2,
2010~and
WHEREAS, defendants Clly of New York, the Now York City Police DcplU1'1Mnt, Paul Headley, Michael Oliver, Marc Cooper. lIPId Oacard boora have denied any and lIJ liability arising out of defendant Michael Carey's lileplions; and
WHEREAS, defendant Michael Carey filed counter claims 1811il1S1 plaintiff Nicole: Paukre BeU. as adminiatralrix of the Estate: ofSocn Elijah Boll on or about June 18.2010; and
WHEREAS, defendallt MicJUII:1 Carey filed amended counter cleima aaaiMt plaintiff Nicole Paulu-e Bell, a!i administratrix of the Estate of Sean Elijah Ben on or about July 2. 2010; and
WHEREAS, pJaintift' Nicole P&uAtre BeU... admiaistralrix of the J!slllte of Sean Elijah B~1l hili denied Il\y and allliabUlly arising out of defcndent MlchllCl Carey'. aliegAllonS;
~
WKEREAS. the part!ca now desire 10 rcsoJ\'c the issues raitcd in this UUg.aon, without fwther proceedings and without admitting any fawl or liability; and
WHEREAS, plaintiffs have aumortzed their counsel to settle lids matrcr on the lerms set forth below, and
2

Case 1:07-cv-02994-RLM Document 80 Filed 10/06/10 Page 3 of 6 PageID #: 308
NOW, THEUII'ORE. IT IS HEREBY STIPULATED AND A.GREED. by and belwcen the undcrsigtlCd. as follows:
1. The Bbove-reIen;nocd aClion is heR:by dlsmiued against defendants, with prej~icc. and without CO&($, expenses, or attol1UlYs' fee" in exees. of rhe arnowl specified In p....gr.ph 1'2" below.
2. The City ofNcw York hereby agrees to pay plainliffNicolc Paultre Bell.
as adminbtrarrilt of the &tate or Scan Elijah Bell the sum of Tin... MUDon Two Hundred rlfty
Thoutaa4 Dollan (S3.zse,tOO.tO)~ plaintifT Joseph Gu2'l1\al\ 'the MIl of Thr.. MOUn Dollan (S3,_~OOO.OO), and plaintiff Trent Benefield the sum of Niue N.uDdred ThoUHUd DoJ"n (5908.000.09) in full sati:tflclion of all claims. inr;luding claims fOl' costs, cKpenscs and attorney!' fees. In consideration for the payment of Ihis sura, plaintiffs ag(ce to dismissal of all the claims against thl!! defendants and to releaso the defendanUJ, the City of New York, and any pn:senl or former employc:cs and agents of the City of New YorJc or any agency thereof, from any and .U liabiUty, claime, or ripta of action which were or could have becn alleged In lhis action. indudina claima for costs, expenses, and anomeya' ftea.
3. Any and all daiDl:t brought by Nicole Plultre Bell in her individual
cllpaeity and on behlllf of her infanl children Jada Boll and Jordyn Bell against defendants are withdrawn and disc;onllnued. with prcj\ldicc and wlthout fees or costs to any part)'.
4. Any and all counter claims brought by defendant Miehael Carey against pla.intiff Nicole Paultrc Bdl. as admillistratrix of the Estate of Sean Elijah Bell arc withdrawn and dilicontinued. with preJudice and without fees or costs to eny party.
3

Case 1:07-cv-02994-RLM Document 80 Filed 10/06/10 Page 4 of 6 PageID #: 309
5. Any and aU crOis cilims brought by dCfendW8 Michaol Carey. ~.rd [snor., Michael Oliver. and Marc Cooper arc withdrawn and discontinued, with prejudice and without fec, or CQSIS to any party.
6. Plaintiffs ,haU e"c.:UlC and deliver to defendant City of New York's ,.nomeya aU doc.montll neccsBUY to effect Ihis seulement, inciudin8. without limitation. & General RelcaBt based on thc [erma of paragraphs 2 and 3 above and an Affidavit of Status of Liena. If Medicare has providocl payment and/or benefits fOT any injury or condilion dlat is the subject of this lawsuit. prior to tendering the rcqui.itc document! to effect thi! :settlcment, Plaintiffs sbaU have norifted Mediwe and shall submit with the settlcment documents 8 Medicare final demmd letter for conditional payments. A Medic...., Set~Adde Trust may also be required if future anticipated mcdteal costa are found to be ncccseary pursuant to 42 U.S.C. §l39Sy(b) and 42 C.F.R. §§41 1.22 through 411.26.
1. NOlhi", contained herein shall be deemed to be l1li admi"lon by the defendants that ill any manner or way any of them violated plaintiffs' rights, OT the rights of any other person or entity. as defined in the constiNlionB, ~Iatutes. ardin.nus. rule5 or rcgulations of the United Sta~r, the Slate of New York. or the City ofNcw York or any other rulca, regulations or bylaws of any dcpartmem or subdivision of the City of New Yolk. This stipulation shall not be admissible:. in, nor il it rel.tecllo~ any other litigation or senJcmcnt nolonations,
g. Nothinl contained herein ab.1I be deemed 10 canSlilUte a policy or practice oflhe City of New York or any agency thereof.
9. Plaintiff's agree to hold humlcl9 the Ciry of New York. the New York City Police Dcputment and defendlinD Pa\lJ Headl~. Michael Carey. Ocscatd Isnorl. Mic:haeJ OJivcr, and Marc Cooper regarding lilY liens or past and/or future Medicare payments, presently
4

Case 1:07-cv-02994-RLM Document 80 Filed 10/06/10 Page 5 of 6 PageID #: 310

known or Wlknown in cONlee,ian wirh Ihis matter. If conditional and/or fuTUre anticipated

Mc:dic;~ paymencs hive not been satisfied, defendants reserve the riShl to issue a multiparty

settlement chetk, namlna Medicare IS. payee or to iuue a cheek to Medicare direc&ly based

upon Medicare's final demand leUer, However, prior to issuiag a multiparty settlement check

to MediClte, defendants will plaee ,,"inhft's on notice of thoir intone to do so and will allow

plaintiffs an opportwUty to challenge liens aesertcd by MediC*'C. ifnccc88al)'.

10. The time period for defen t City of New York to tender payment to

- . . g ,....,

rt t:lJHt

plalndff, will not begin to run until after dta loM:.,.:;IfoIrH.........IMi...'" has approved this

settlement liS ir pM.in;; to the Estate of Scan Elijah Bell. F\Irther. if any plaintjff' In tWa matter

seeh 10 challenge any Medicare licA uaerled alalnaa tlur proceeds of thill settlement, the time

period to tender settlement payment to rhe plaintiff challenging the Uen shall hot commence un1il

after such Medicare cb.Uenae hu concJudeci.

Case 1:07-cv-02994-RLM Document 80 Filed 10/06/10 Page 6 of 6 PageID #: 311

I J• This Stlpulation .end Order contains all the termI and condilions agreed

upon by the parties hereto, and no oral agreement entered into at Idly time nor any written
agreemont entered into prior ro me e3CCCution of this Stipulation and Order resud1ns the wbj«:1

matter of rhe instant proceeding shall be deemed to exist. or to bind .he partics hereto, or to 'Vary

the tenns Mel conditioD8 contaiDcd herein.

Dated: New York, New York
~'iiia~ 2010
Scon R':t!et. Baq.
Rubenstein A Rynecki
Attorney for Plaintiffs Nicole P."ltre Ben.
I! Aciminilltmrix of the Estate of Scan
Elijah Bell. and on behalf of his infant children. Jade Bt:lI .nd Jordyn BcU Uld Nicole Paultre Bell, individually, Joseph GuzmlQ, and Trent Benefield
16 Court S r. Suite 1717
Brooklyn. ",York 11241

MICHABL A. CARDOZO Corporation Counsel oftbc City of New York Attomey for Defendants City of New York. New York City Polko Department:, and DeteCtive Pall)
Htadlc), 100 Church Slr~
New YOR. New York lQO()7
(212) 788-8084

By:

Richard Signorelli, Esq. Att~ for ponce: Officer Michael Carey
799 Broadway, Sufte 539
:~vnIIO

James M. Moschc::U.. Eaq.

Karuyk & MOlohella. LLP

Anomey for Ddeotive8 Michael Oliver, Gescard

Isnore, and. Mere Cooper

225 Broadway, ad Floor

NewYork.N By:

--

SO ORDERED:
Honorable Roanne L. Mann, E.D.N.Y.
6

SO ORDERED /s; 1t00000e L. Moml U.S. Magutrott:: Ju.i",~
Dated:/ O/~~"'// a.

 
 Case: 1:07-cv-02994-RLM As of: 02/03/2014 07:51 PM EST 1 of 12
U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:07−cv−02994−RLM

CLOSED

Bell et al v. The City of New York et al Assigned to: Magistrate Judge Roanne L. Mann Cause: 42:1981 Civil Rights
Independent Fiduciary Helen A. Gredd as guardian ad litem for Ja.B and Jo.B.

Date Filed: 07/24/2007 Date Terminated: 09/30/2010 Jury Demand: Both Nature of Suit: 360 P.I.: Other Jurisdiction: Federal Question
represented by Helen A. Gredd Lankler Siffert &Wohl LLP 500 Fifth Ave 33rd Floor New York, NY 10110 (212) 921−8399 Email: hgredd@lswlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Nicole Paultre Bell Individually, and as Administratrix of the Estate of Sean Elijah Bell, and on behalf of his infant children Ja. B. and Jo. B. TERMINATED: 09/27/2010

represented by Scott Rynecki Rubenstein &Rynecki 16 Court Street, Suite 1717 Brooklyn, NY 11241 (718) 522−1020 Fax: 718−522−3804 Email: rubrynlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Joseph Guzman

represented by Scott Rynecki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Trent Benefield

represented by Scott Rynecki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant The City of New York

represented by Caryn A. Rosencrantz Corporation Counsel City of New York 100 Church Street New York, NY 10007 212−356−2325 Email: crosencr@law.nyc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
David M. Hazan New York City Law Department

Case: 1:07-cv-02994-RLM As of: 02/03/2014 07:51 PM EST 2 of 12

100 Church Street New York, NY 10006 (212) 788−8084 Fax: (212) 788−9776 Email: dhazan@law.nyc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathleen Erin Naughton New York City Law Department 100 Church Street Room 3−311 New York, NY 10007 212−788−9567 Fax: 212−788−9776 Email: knaughto@law.nyc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant The New York City Police Department

represented by David M. Hazan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathleen Erin Naughton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant P.O. Paul Headley

represented by David M. Hazan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James M. Moschella Karasyk &Moschella, LLP 233 Broadway Suite 2340 New York, NY 10279 (212) 233−3800 Fax: (212) 233−3801 Email: jmoschella@kmattorneys.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant P.O. Micheal Cary

represented by Richard Ernest Signorelli Law Office of Richard E. Signorelli 799 Broadway Suite 539 New York, NY 10003 212−254−4218 Fax: (212) 254−1396 Email: rsignorelli@nyclitigator.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant P.O. Marc Cooper

represented by James M. Moschella (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant P.O. Gescard Isnora

represented by James M. Moschella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant P.O. Michael Oliver

represented by James M. Moschella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Claimant P.O. Marc Cooper

represented by James M. Moschella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Claimant P.O. Michael Oliver

represented by James M. Moschella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Claimant P.O. Gescard Isnora

represented by James M. Moschella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Cross Defendant The City of New York
Cross Claimant P.O. Micheal Cary

represented by Caryn A. Rosencrantz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David M. Hazan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathleen Erin Naughton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard Ernest Signorelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Cross Defendant The New York City Police Department

represented by David M. Hazan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathleen Erin Naughton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant P.O. Marc Cooper

represented by James M. Moschella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant P.O. Michael Oliver

represented by James M. Moschella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant The City of New York

represented by Caryn A. Rosencrantz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David M. Hazan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathleen Erin Naughton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant P.O. Paul Headley

represented by David M. Hazan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James M. Moschella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathleen Erin Naughton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant P.O. Gescard Isnora

represented by James M. Moschella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Counter Claimant P.O. Micheal Cary

represented by Richard Ernest Signorelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Counter Defendant
Nicole Paultre Bell Individually, and as Administratrix of the Estate of Sean Elijah Bell, and on behalf of his infant children Ja. B. and Jo. B. TERMINATED: 09/27/2010
Cross Claimant
P.O. Micheal Cary

represented by Scott Rynecki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard Ernest Signorelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Cross Defendant The City of New York
Cross Defendant The New York City Police Department
Counter Claimant P.O. Micheal Cary

represented by Caryn A. Rosencrantz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David M. Hazan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathleen Erin Naughton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David M. Hazan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathleen Erin Naughton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard Ernest Signorelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Counter Defendant

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Nicole Paultre Bell Individually, and as Administratrix of the Estate of Sean Elijah Bell, and on behalf of his infant children Ja. B. and Jo. B. TERMINATED: 09/27/2010

represented by Scott Rynecki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/24/2007
07/24/2007 08/02/2007 08/22/2007 08/23/2007 08/23/2007 08/23/2007
08/29/2007 08/31/2007 09/11/2007 09/12/2007 09/19/2007 09/20/2007
09/24/2007 09/27/2007 09/28/2007

# Docket Text
1 COMPLAINT against Paul Headley, Micheal Cary, Marc Cooper, Gescard Isnora, Michael Oliver, The City of New York, The New York City Police Department $ 350, filed by Nicole Paultre Bell, Joseph Guzman, Trent Benefield. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 07/24/2007)
Summons Issued as to Paul Headley, Micheal Cary, Marc Cooper, Gescard Isnora, Michael Oliver, The City of New York, The New York City Police Department. (Davis, Kimberly) (Entered: 07/24/2007)
2 AFFIDAVIT of Service for summons and complaint served on PO Michael Cary and PO Michael Oliver on July 31, 2007, filed by Nicole Paultre Bell. (Rynecki, Scott) (Entered: 08/02/2007)
3 AFFIDAVIT of Service for Summons and Complaint served on P.O. Gescard Isnora on August 7, 2007, filed by Nicole Paultre Bell. (Rynecki, Scott) (Entered: 08/22/2007)
4 MOTION for Extension of Time to File Answer by The City of New York. (Hazan, David) (Entered: 08/23/2007)
5 Letter joining in application by Gescard Isnora, Michael Oliver (Moschella, James) (Entered: 08/23/2007)
6 ORDER granting in part 4 Motion for Extension of Time to Answer: Application granted in part, for a period of 30 days (on consent). Defendant shall respond to the Complaint by September 19, 2007. Ordered by Judge Roanne L. Mann on 8/23/07. (Johnson, Joshua) (Entered: 08/23/2007)
7 AFFIDAVIT of Service for Summons and Complaint served on P.O. Paul Headley on August 8, 2007, filed by Nicole Paultre Bell. (Rynecki, Scott) (Entered: 08/29/2007)
8 NOTICE of Appearance by Richard Ernest Signorelli on behalf of Micheal Cary (aty to be noticed) (Signorelli, Richard) (Entered: 08/31/2007)
9 STIPULATION and Order (Proposed) regarding adjournment of time to respond to complaint by Micheal Cary (Signorelli, Richard) (Entered: 09/11/2007)
10 ORDER re 9 Stipulation filed by Micheal Cary. Application granted. Answer due 10/5/07. Ordered by Judge Roanne L. Mann on 09/12/07. (Maynard, Pat) (Entered: 09/12/2007)
11 MOTION for Extension of Time to File Answer re 1 Complaint, by The City of New York. (Hazan, David) (Entered: 09/19/2007)
12 ENDORSED ORDER granting 11 Motion for Extension of Time to Answer re 11 MOTION for Extension of Time to File Answer re 1 Complaint, The City of New York answer due 10/5/2007.. Ordered by JudgeRoanne L. Mann on 09/20/07. (Maynard, Pat) (Entered: 09/20/2007)
13 AFFIDAVIT of Service for Summons and Complaint served on The City of New York and The New York City Police Department on September 20, 2007, filed by Nicole Paultre Bell. (Rynecki, Scott) (Entered: 09/24/2007)
14 MOTION to Stay the entire action until the criminal prosecutions of defendants Oliver, Isnora, and Cooper are Concluded by The City of New York, The New York City Police Department. (Hazan, David) (Entered: 09/27/2007)
15 Letter Re: Advising Court of trial date for the criminal trials of the individual defendants by The City of New York, The New York City Police Department

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09/28/2007 09/28/2007 10/02/2007
10/04/2007 10/04/2007 10/04/2007 10/05/2007 10/09/2007 10/16/2007 10/18/2007 06/20/2008
06/27/2008 06/27/2008
06/30/2008 07/03/2008 07/16/2008

(Hazan, David) (Entered: 09/28/2007)
16 RESPONSE to Motion re 14 MOTION to Stay the entire action until the criminal prosecutions of defendants Oliver, Isnora, and Cooper are Concluded filed by Nicole Paultre Bell. (Rynecki, Scott) (Entered: 09/28/2007)
17 REPLY to Response to Motion re 14 MOTION to Stay the entire action until the criminal prosecutions of defendants Oliver, Isnora, and Cooper are Concluded filed by The City of New York, The New York City Police Department. (Hazan, David) (Entered: 09/28/2007)
18 Minute Order. Proceedings held before Judge Roanne L. Mann : Telephone Conference held on 10/1/2007. The parties agree in principle that the civil action should be stayed through the verdict in the related criminal case. The parties shall file a stipulation too that effect, to be so−ordered by the Court, by 10/5/07. (Maynard, Pat) (Entered: 10/02/2007)
19 STIPULATION Staying the civil case until related criminal case is decided in Supreme Court of Queens County by Trent Benefield (Rynecki, Scott) (Entered: 10/04/2007)
20 STIPULATION AND ORDER re 19 Stipulation filed by Trent Benefield. Application granted. Counsel for the plaintiffs will notify this court by ECF of such verdict and request a conference on the above civil case. Ordered by Judge Roanne L. Mann on 10/04/07. (Maynard, Pat) (Entered: 10/04/2007)
21 Letter by Micheal Cary (Signorelli, Richard) (Entered: 10/04/2007)
22 AFFIDAVIT of Service for Summons and Complaint served on P.O. Marc Cooper on October 2, 2007, filed by Nicole Paultre Bell. (Rynecki, Scott) (Entered: 10/05/2007)
23 NOTICE of Appearance by James M. Moschella on behalf of Paul Headley, Marc Cooper, Gescard Isnora, Michael Oliver (aty to be noticed) (Moschella, James) (Entered: 10/09/2007)
24 STIPULATION Staying civil case until criminal verdict is reached by Nicole Paultre Bell (Rynecki, Scott) (Entered: 10/16/2007)
25 AMENDED STIPULATION AND ORDER re 24 Stipulation filed by Nicole Paultre Bell request for a stay until a verdict is reached in the related criminal case currently pending in Supreme Court, Queens County. Application granted. Ordered by Judge Roanne L. Mann on 10/18/07. (Maynard, Pat) (Entered: 10/18/2007)
26 ORDER re 25 Order. As the related criminal case in Supreme Court, Queens County, has ended, this case is no longer stayed. See Amended Stipulation and Order entered on October 18, 2007. Therefore, the parties are directed to confer and, by June 27, 2008, to file by ECF a proposed schedule for discovery. Ordered by Magistrate Judge Roanne L. Mann on 06/20/08. (Maynard, Pat) (Entered: 06/20/2008)
27 MOTION to Adjourn Conference by Nicole Paultre Bell, Joseph Guzman, Trent Benefield. (Rynecki, Scott) (Entered: 06/27/2008)
28 MOTION to Vacate 26 Order, for the parties' to file a proposed order of discovery by June 27, 2008 and instead schedule an in person conference to discuss the parties' ideas about how the case should proceed at this juncture by The City of New York, The New York City Police Department. (Hazan, David) (Entered: 06/27/2008)
29 ORDER granting in part 27 and 28 : An in−person conference will be held on 7/16/08 at noon. Ordered by Magistrate Judge Roanne L. Mann on 6/30/08. (Kunkle, Nathaniel) (Entered: 06/30/2008)
30 NOTICE of Appearance by Caryn A. Rosencrantz on behalf of The City of New York (aty to be noticed) (Rosencrantz, Caryn) (Entered: 07/03/2008)
31 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Status Conference held on 7/16/2008. Plaintiffs request that discovery continue to be

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10/30/2008 10/31/2008
02/04/2009 02/05/2009
06/17/2009 06/18/2009
09/29/2009 09/30/2009 01/06/2010 01/07/2010
02/16/2010 02/16/2010 02/17/2010 02/18/2010 02/18/2010 02/19/2010
02/19/2010

stayed during the pendency of the Dep't of Justice investigation. All defendants consent. The request is granted. The parties shall submit a status report when the DOJ investigation concludes or by 10/31/08, whichever occurs first. (Maynard, Pat) (Entered: 07/16/2008)
32 Letter status by Nicole Paultre Bell (Attachments: # 1 status letter) (Rynecki, Scott) (Entered: 10/30/2008)
33 STATUS REPORT ORDER re 32 Letter filed by Nicole Paultre Bell. The parties shall submit an updated status report. Status Report due by 2/6/2009. Ordered by Magistrate Judge Roanne L. Mann on 10/31/08. (Maynard, Pat) (Entered: 10/31/2008)
34 Letter status by Nicole Paultre Bell (Rynecki, Scott) (Entered: 02/04/2009)
35 STATUS REPORT ORDER re 34 Letter filed by Nicole Paultre Bell. The parties shall submit an updated status report by 5/21/09. So ordered. Ordered by Magistrate Judge Roanne L. Mann on 2/5/2009. (Ormand, Justin) (Grant, Ashley). (Entered: 02/05/2009)
36 STATUS REPORT by The City of New York, The New York City Police Department (Hazan, David) (Entered: 06/17/2009)
37 ENDORSED ORDER re 36 Status Report filed by The City of New York, The New York City Police Department. The parties shall file an updated status report by 10/2/09. Ordered by Magistrate Judge Roanne L. Mann on 6/17/2009. (Maynard, Pat) (Entered: 06/18/2009)
38 Letter status letter to Judge Mann by Nicole Paultre Bell (Rynecki, Scott) (Entered: 09/29/2009)
39 ENDORSED ORDER re 38 Letter filed by Nicole Paultre Bell. The parties shall file an updated status report by 1/8/10. Ordered by Magistrate Judge Roanne L. Mann on 9/30/2009. (Maynard, Pat) (Entered: 09/30/2009)
40 Letter by Nicole Paultre Bell, Trent Benefield, Joseph Guzman (Rynecki, Scott) (Entered: 01/06/2010)
41 ENDORSED ORDER re 40 Letter filed by Trent Benefield, Joseph Guzman, Nicole Paultre Bell. Plaintiffs shall file an updated status report by 4/5/10. Ordered by Magistrate Judge Roanne L. Mann on 1/7/2010. (Maynard, Pat) (Entered: 01/07/2010)
42 Letter MOTION to Stay Lift The Stay by Nicole Paultre Bell, Trent Benefield, Joseph Guzman. (Rynecki, Scott) (Entered: 02/16/2010)
Notice of Hearings: Status Conference set for 3/10/2010 09:30 AM in Courtroom 6B South before Senior Judge Sterling Johnson Jr. (Rodriguez, Ana) (Entered: 02/16/2010)
43 NOTICE of Appearance by Kathleen Erin Naughton on behalf of The City of New York (aty to be noticed) (Naughton, Kathleen) (Entered: 02/17/2010)
44 MOTION for Extension of Time to File Response to Plaintiff's Request to Lift Stay by The City of New York, The New York City Police Department. (Naughton, Kathleen) (Entered: 02/18/2010)
45 RESPONSE to Motion re 44 MOTION for Extension of Time to File Response to Plaintiff's Request to Lift Stay filed by Nicole Paultre Bell, Trent Benefield, Joseph Guzman. (Rynecki, Scott) (Entered: 02/18/2010)
46 ENDORSED ORDER deferring ruling on 42 Motion to Stay pending further submissions by the parties and the outcome of the status conference before Judge Johnson on 3/10/10. Ordered by Magistrate Judge Roanne L. Mann on 2/19/2010. (Maynard, Pat) (Entered: 02/19/2010)
47 ENDORSED ORDER granting, with plaintiffs' consent 44 Motion for Extension of Time to File response to plaintiffs' motion to stay. Ordered by Magistrate Judge Roanne L. Mann on 2/19/2010. (Maynard, Pat) (Entered: 02/19/2010)

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02/19/2010
02/25/2010 03/02/2010 03/10/2010
03/12/2010 03/12/2010 05/04/2010
05/18/2010
05/18/2010
05/28/2010 05/28/2010 06/02/2010

48 ENDORSED ORDER re 45 Response to Motion filed by Trent Benefield, Joseph Guzman, Nicole Paultre Bell. Plaintiffs' request to schedule a conference during the week of 3/8/10, is denied without prejudice, pending the outcome of the status conference before Judge Johnson on 3/10/10. Plaintiffs' request for permission to respond to any defense request to continue the stay is granted. Plaintiffs' response shall be filed by 3/2/10. Ordered by Magistrate Judge Roanne L. Mann on 2/19/2010. (Maynard, Pat) (Entered: 02/19/2010)
49 MOTION to Stay Pending NYPD investigation by The City of New York, The New York City Police Department. (Naughton, Kathleen) (Entered: 02/25/2010)
50 RESPONSE to Motion re 49 MOTION to Stay Pending NYPD investigation opposition filed by Nicole Paultre Bell, Trent Benefield, Joseph Guzman. (Rynecki, Scott) (Entered: 03/02/2010)
Minute Entry for proceedings held before Senior Judge Sterling Johnson, Jr: Case called. Scott Rynecki, Sanford Rubenstein and Michael Hardy appearing for plaintiffs. Kathleen Naughton, Caryn Rosencrantz, David Hazan, James Moschella and Richard Signorelli appearing for defendants. Status Conference held on 3/10/2010. Plaintiffs' request to lift the stay in this matter is denied. Defense counsels' request to adjourn to allow the police department to resolve the administrative proceedings, opposed by plaintiffs, is granted in part. The matter is adjourned for a Status Conference set for 5/6/2010 09:30 AM in Courtroom 6B South before Senior Judge Sterling Johnson Jr. (Court Reporter Shelly Silverman.) (Rodriguez, Ana) (Entered: 03/10/2010)
ORDER denying 42 Motion to Stay as per Status Conference held on 3/10/2010 ( see minute entry above). Ordered by Senior Judge Sterling Johnson, Jr on 3/10/2010. (Rocco, Christine) (Entered: 03/12/2010)
ORDER granting in part 49 Motion to Stay as per status conference held on 3/10/2010 (See minute entry above). Ordered by Senior Judge Sterling Johnson, Jr on 3/10/2010. (Rocco, Christine) (Entered: 03/12/2010)
Notice of Hearings: Status Conference set for 5/6/2010 is adjourned to 5/18/2010 09:30 AM in Courtroom 6B South before Senior Judge Sterling Johnson Jr. If this assigned date presents a conflict to any party, a request to further adjourn must be made in writing and be filed electronically in a timely manner, as per the Court's individual rules. Last−minute requests to adjourn which are based on the adjournment ordered herein will not be entertained. (Rodriguez, Ana) (Entered: 05/04/2010)
51 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Initial Conference Hearing held on 5/18/2010. Answers to the complaint shall be filed by 6/18/10. Defendant Carey's request for a premotion conference before Judge Johnson shall be filed by 5/28/10. Discovery is not stayed. Next settlement conference scheduled for 7/20/10 at 9:30 a.m. The settlement conference must be attended by a decisionmaker for the City, as well as plaintiffs. (Maynard, Pat) (Entered: 05/18/2010)
Minute Entry for proceedings held before Senior Judge Sterling Johnson, Jr: Case called. All parties present. Status Conference held on 5/18/2010. Plaintiff's request to lift the stay is granted. Parties are to go before the magistrate judge to proceed with discovery. Parties indicate a trial would be approximately two weeks. Status Conference set for 9/8/2010 09:30 AM in Courtroom 6B South before Senior Judge Sterling Johnson Jr. (Court Reporter Burt Sulzer.) (Rodriguez, Ana) (Entered: 06/03/2010)
52 Consent MOTION for Extension of Time to File Pre−motion conference letter by Micheal Cary. (Signorelli, Richard) (Entered: 05/28/2010)
53 ORDER granting 52 Motion for Extension of Time to File. Ordered by Magistrate Judge Roanne L. Mann on 5/28/2010. (Maynard, Pat) (Entered: 05/28/2010)
54 Letter Requesting Pre−motion Conference by Micheal Cary (Attachments: # 1 Rule 56.1 Statement) (Signorelli, Richard) (Entered: 06/02/2010)

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06/08/2010 06/08/2010 06/11/2010 06/15/2010 06/15/2010
06/16/2010 06/17/2010 06/18/2010 06/18/2010 06/28/2010
07/02/2010 07/12/2010 07/22/2010 07/27/2010 07/28/2010

55 MOTION for Extension of Time to File Response/Reply to pre−motion letter dated June 2, 2010 by Nicole Paultre Bell. (Rynecki, Scott) (Entered: 06/08/2010)
ORDER granting 55 Motion for Extension of Time to File Response/Reply. Ordered by Senior Judge Sterling Johnson, Jr on 6/8/2010.(Figeroux, Davina) (Entered: 06/08/2010)
56 MOTION to Adjourn Conference Scheduled for July 20, 2010 by The City of New York. (Hazan, David) (Entered: 06/11/2010)
57 Letter opposing The City's application to adjourn conference by Nicole Paultre Bell (Rynecki, Scott) (Entered: 06/15/2010)
58 ENDORSED ORDER granting, in part 56 Motion to Adjourn Conference. Notwithstanding plaintiff's objection to the defense request, the Court has no desire to go forward with a settlement conference that is likely to be unproductive. The Court is prepared to adjourn the conference, but not until September; it will instead be held on 7/26/19 (and, if need be, 7/27/10) commencing at 9:30 a.m. Clients and persons with settlement decisionmaking must attend. Ordered by Magistrate Judge Roanne L. Mann on 6/15/2010. (Maynard, Pat) (Entered: 06/15/2010)
59 Letter opposing defendant carries request to seek Summary Judgment Motion by Nicole Paultre Bell (Rynecki, Scott) (Entered: 06/16/2010)
60 ANSWER to 1 Complaint, and, CROSSCLAIM against The City of New York by Marc Cooper, Michael Oliver, Gescard Isnora. (Moschella, James) (Entered: 06/17/2010)
61 ANSWER to 1 Complaint, by Paul Headley, The City of New York, The New York City Police Department. (Hazan, David) (Entered: 06/18/2010)
62 ANSWER to 1 Complaint,, CROSSCLAIM against The New York City Police Department, Marc Cooper, Michael Oliver, The City of New York, Paul Headley, Gescard Isnora, COUNTERCLAIM against Nicole Paultre Bell by Micheal Cary. (Signorelli, Richard) (Entered: 06/18/2010)
63 ANSWER to 62 Answer to Complaint, Crossclaim, Counterclaim, 60 Answer to Complaint, Crossclaim, ANSWER to 62 Answer to Complaint, Crossclaim, Counterclaim, 60 Answer to Complaint, Crossclaim by Paul Headley, The City of New York, The New York City Police Department. (Naughton, Kathleen) (Entered: 06/28/2010)
64 AMENDED ANSWER to Complaint, Amended CROSSCLAIM against The City of New York, The New York City Police Department, Amended COUNTERCLAIM against Nicole Paultre Bell by Micheal Cary. (Signorelli, Richard) (Entered: 07/02/2010)
ORDER re 54 Letter filed by Micheal Cary. REQUEST DENIED with leave to renew at the close of discovery. Ordered by Senior Judge Sterling Johnson, Jr on 7/12/2010. (Figeroux, Davina) (Entered: 07/12/2010)
65 ANSWER to 64 Amended Answer to Complaint, Crossclaim, Counterclaim by Paul Headley, The City of New York, The New York City Police Department. (Naughton, Kathleen) (Entered: 07/22/2010)
66 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Settlement Conference held on 7/26/2010. The Court conducts settlement discussions with the parties and gives them until tomorrow to respond to the Court's settlement proposal. (Maynard, Pat) (Entered: 07/27/2010)
67 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Settlement Conference held on 7/27/2010. The parties reject the Court's settlement proposal but, after hours of continued negotiations, reach a global settlement, the terms of which are placed on the record. The Court allocutes each of the plaintiffs regarding his/her agreement to settlement. Counsel shall prepare the settlement papers and file a status report by 8/9/10. (Maynard, Pat) (Entered: 07/28/2010)

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07/28/2010
07/29/2010 08/05/2010 08/16/2010 09/21/2010
09/22/2010 09/23/2010 09/23/2010 09/24/2010 09/24/2010 09/24/2010 10/01/2010 10/01/2010 10/06/2010

68 ENDORSED ORDER on letter dated 7/26/10 from Janon Fisher, New York Post, requesting access and a copy of the audio recording of the on−the−record portions of the settlement conference in the Bell, et al. v. The City of New York case. Now that the proceeding has concluded, the application is granted. Ordered by Magistrate Judge Roanne L. Mann on 7/27/2010. (Maynard, Pat) (Entered: 07/28/2010)
69 CONSENT to Jurisdiction by US Magistrate Judge by Nicole Paultre Bell, Trent Benefield, Micheal Cary, Marc Cooper, Joseph Guzman, Paul Headley, Gescard Isnora, Michael Oliver, The City of New York, The New York City Police Department. (Maynard, Pat) (Entered: 07/29/2010)
70 STATUS REPORT by Nicole Paultre Bell (Rynecki, Scott) (Entered: 08/05/2010)
71 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Telephone Conference held on 8/16/2010. The Court inquires about the reason for characterizing the Bell settlement as wrongful death as opposed to loss of consortium. Plaintiffs' counsel will consult with an estate planner and get back to the Court. (Mariadason, Thomas) (Entered: 08/16/2010)
72 SCHEDULING ORDER: As indicated at the settlement conference in July, the Court believes that the overall settlement is fair and reasonable. The Court's only concern is with the fees. A telephone conference to address the fees will be held on September 23, 2010, at 3:00 p.m. Plaintiffs' counsel shall initiate the call. Each attorney for the Bell plaintiffs shall participate, as shall counsel for the City of New York. Ordered by Magistrate Judge Roanne L. Mann on 9/21/2010. (Maynard, Pat) (Entered: 09/21/2010)
73 ORDER The Court requests that Nicole Paultre Bell participate in tomorrow's telephone conference. Ordered by Magistrate Judge Roanne L. Mann on 9/22/2010. (Maynard, Pat) (Entered: 09/22/2010)
74 ENDORSED ORDER on dated 9/23/10 News America Incorporated request that the Post's report, Janon Fisher, be given access to the telephonic settlement conference being held today. Application denied. See U.S. v. Glen Falls Newspapers, Inc. 160 F.3d 853, 858 (2d Cir. 1998). Ordered by Magistrate Judge Roanne L. Mann on 9/23/2010. (Maynard, Pat) (Entered: 09/23/2010)
75 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Settlement/Telephone Conference held on 9/23/2010. The Court conducts a follow−up settlement conference to address the timing of payment to the Bell plaintiffs, as well as the reasonableness of the attorney's fees. (Maynard, Pat) (Entered: 09/23/2010)
76 Sealed document containing Proposed Death Compromise Order including the Petition of the Administratrix of the Estate and Attorneys' Affirmation. (Chee, Alvin) (Entered: 09/24/2010)
77 ORDER/APPROVAL OF INFANT COMPROMISE AND SETTLEMENT OF WRONGFUL DEATH ACTION: Action is hereby settled between plaintiff Nicole Paultre Bell and defendants in the total amount of $3,250,000.00. See document for further details. Ordered by Magistrate Judge Roanne L. Mann on 9/24/2010. (Chee, Alvin) (Entered: 09/24/2010)
78 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Magistrate Judge Roanne L. Mann. So ordered by Judge Johnson. (Vaughn, Terry) (Entered: 09/27/2010)
ORDER: The Clerk of the Court closed this case yesterday. This is to confirm that the closure was with the right to reopen if the settlement is not consummated. Ordered by Magistrate Judge Roanne L. Mann on 10/1/2010. (Maynard, Pat) (Entered: 10/01/2010)
79 STIPULATION of Settlement and Order of Dismissal by The City of New York (Rosencrantz, Caryn) (Entered: 10/01/2010)
80 STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL, The City of NY agrees to pay plaintiff Nicole Paultre Bell, as administratrix of the Estate of

Case: 1:07-cv-02994-RLM As of: 02/03/2014 07:51 PM EST 12 of 12

04/12/2013 05/28/2013 06/03/2013

Sean Elijah Bell the sum of $3,250,000; pltff Joseph Guzman the sum of $3,000,000 and plaintiff Trent Benefield the sum of $900,000 in full satisfaction of all claims, including claims for costs, expenses and attorney fees. (Ordered by Magistrate Judge Roanne L. Mann on 10/4/2010) (Piper, Francine) (Entered: 10/06/2010)
82 ORDER The Court is in receipt of a letter on behalf of the plaintiff administratrix, requesting authorization for the release of certain settlement funds held in trust for the infant plaintiffs. The movant is directed to promptly file a formal application. The Court will then schedule a hearing on the request. Ordered by Magistrate Judge Roanne L. Mann on 4/12/2013. (Maynard, Pat) (Entered: 04/12/2013)
SCHEDULING ORDER re 83 Motion for Disbursement of Funds. A hearing on plaintiff's pending application (Electronic Case Filing Docket Entry #83) will be held on May 31, 2013 at 4:00 p.m. in Courtroom 13C South. Defense counsel need not appear. Ordered by Magistrate Judge Roanne L. Mann on 5/28/2013.(Williams, Jennifer) (Entered: 05/28/2013)
84 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Motion Hearing held on 5/31/2013 re 83 Motion for Disbursement of Funds, Sealed filed by Nicole Paultre Bell. The Court appoints Helen Gredd of Lankler, Siffert &Wohl as guardian ad litem for Ja.B and Jo.B. (Maynard, Pat) Modified to correcting date of hearing on 6/3/2013 (Maynard, Pat). Modified on 6/3/2013 (Marziliano, August). (Entered: 06/03/2013)