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Rivera Notice of Claim 11-26-18
Rivera Notice of Claim 11-26-18
Claimant,
-against-
Respondents.
PLEASE TAKE NOTICE, DENICE RIVERA, the Claimant herein, hereby makes a
claim and demand against the BUFFALO POLICE DEPARTMENT, and The City of Buffalo,
1. The names and post-office addresses of the Claimant and Claimant's attorneys are:
HoganWillig
Attorneys at Law
2410 NORTH FOREST ROAD | SUITE 301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600 | Toll Free: 800.636.5255 | Fax: 716.636.7606 | www.hoganwilIig.com
(H2I 12849.1}
2. The nature of the claim:
This action seeks to recover damages, on behalf of DENICE RIVERA individually and as
parent of RAFAEL RIVERA, arising out of the wrongful death, pain and suffering of RAFAEL
RIVERA as a result of the intentional and/or negligent, careless, reckless and otherwise tortious
"Respondents"), and/or its/their agents, servants and/or employees, as further set forth below. In
addition, DENICE RIVERA asserts derivative claims herein, and claims for the emotional pain
and suffering of bearing witness to her son's suffering and demise as a result of the tortious
3. The date, time when, the place where and the manner in which the claim arose is as
follows:
The incident giving rise to this matter occurred on September 12, 2018, at approximately
3:14 am, when Buffalo Police shot and killed Raphael Rivera on Plymouth Avenue, between
Massachusetts Avenue and Rhode Island Street, City of Buffalo, County of Erie, State of New
Upon information and belief, at approximately 3:14 am on September 12, 2018, RAFAEL
RIVERA was shot in the back and/or side, multiple times by Respondents and agents of
Respondents while running away from them. At no relevant time herein did RAFAEL RIVERA
point a weapon at Respondents or at any other individual or at any structure or dwelling, nor did
he pose an immediate threat to anyone at the time he was shot and killed. At approximately 3:14
am, RAFAEL RIVERA was placed in handcuffs while dying on the ground and no first aid was
attempted by Respondents. At approximately 3:19 am, and after approximately five (5) minutes
Buffalo Fire Department arrived on scene. Upon information and belief, RAFAEL RIVERA was
already deceased upon arrival of emergency services. The BUFFALO POLICE DEPARTMENT,
City of Buffalo and/or its/their agents, servants or employees further negligently and recklessly
disregarded human life in not attempting to rescue or assist RAFAEL RIVERA, after shooting
Negligent hiring and training and supervision of Buffalo Police Officers by Respondents;
Negligent and reckless policies and procedures respecting use of force by Police Officers
Negligent, reckless and intentional disregard of the statutory strictures of NY Penal Law
Article 35;
Negligent, reckless and intentional disregard of departmental policies as set forth in the
Emotional pain and suffering for bearing witness to her son's suffering and demise;
Economic loss;
Punitive damages,
HoGAN Wl(uLUSt9 t) 3
Attorneys at Law
2410 NORTH FOREST ROAD | SUITE 301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600 Toll Free: 800.636.5255 Fax: 716.636.7606 www.hoganwillig.com
All as a result of the tortious conduct of Respondents herein. As a result of the wrongful
death of Raphael Rivera, caused in whole by The Buffalo Police Department and/or City of
Buffalo, Claimant seeks all damages under the law for, economic loss, special damages, pain and
suffering, emotional suffering, punitive damages and other damages, the full extent of which are
unknown at present.
Said claim and demand is hereby presented for adjustment and payment.
HoGANWi|uLI3S»9 1| 4
Attorneys at Law
2410 NORTH FOREST ROAD | SUITE 301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600 l oll Free: 800.636.5255 Fax: 716.636.7606 www.hoganwillig.com
VERIFICATION
DENICE RIVERA, being duly sworn deposes and says: that she is the Claimant, both
individually and as parent and natural guardian of Rafael Rivera, deceased, in the above matter,
that she has read the foregoing Notice of Claim and knows the contents thereof; that the same is
true to her knowledge except as to those matters alleged to be upon information and belief, as to
inrtAjg
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i
DENICE RIVERA
NOTARY PUBLIC v
Patricia M. Ifkovich
Notary Public, State of New York
Qualified in Erie County
My Commission Expires Aug. 3, 20 olZ
HoganWillig
Attorneys at Law
2410 NORTII FOREST ROAD | SUITE 301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600 | Toll Free: 800.636.5255 | Fax: 716.636.7606 | www.hoganwillig.com