Murphy v. Onondaga County Sheriff & DA Fitzpatrick RICO Statement Motion To Amend (Doc 170) Filed Nov 19, 2021 (159 PP)

Case 5:18-cv-01218-GLS-CFH Document 170 Filed 11/19/21 Page 1 of 159
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF NEW YORK
KEVIN MURPHY,
AFFIRMATION IN SUPPORT OF
MOTION TO AMEND AND
SUPPLEMENT COMPLAINT
Plaintiff, Case No.: 5:18-cv-1218

-vs-
ONONDAGA COUNTY, THE ONONDAGA COUNTY

SHERIFF’S DEPARTMENT, EUGENE CONWAY both
Individually and in his capacity as Sheriff of Onondaga County,
JOSEPH CICIARELLI both Individually and in his capacity as
Chief Police Deputy, MICHAEL DICKINSON, JAMMIE
BLUMER, JONATHAN ANDERSON, JOSEPH PELUSO,
ROY GRATIEN, JASON CASSALIA, and CARL HUMMEL,
all Individually and in their capacities as employees of
Onondaga County and the Onondaga County Sheriff’s
Department, WILLIAM FITZPATRICK both Individually and
in his capacity as District Attorney of Onondaga County;
STEFANO CAMBARERI, both individually and in his
capacity as an employee and agent of both Onondaga County
and William Fitzpatrick; MELANIE S. CARDEN, both
individually and in her capacity as an employee of Onondaga
County and LINDSEY M. LUCZKA, both individually and in
her capacity as an employee of Onondaga County; BRYAN K.
EDWARDS, both individually and in his capacity as an agent
of Onondaga County; WESTCOTT EVENTS, LLC both
individually and as an agent of Onondaga County,
Defendants.
__________________________________________________________________
1
Jeffrey R. Parry, hereby makes this affirmation under the penalties of
perjury.
1. I am an attorney, duly admitted to the courts of the State of New
York, the United States District Courts of the Northern District of New York and
the United States Court of Appeals for the Second Circuit. I am the attorney for the
plaintiff, Kevin Murphy, in this matter.
2. By leave of the Court, granted on November 5, 2021, plaintiff hereby
moves to Amend and Supplement his Complaint.
3. As the Court may recall, this case began essentially as an employment
law case.
4. The RICO issues now pursued did not become evident until after the
case was filed.
5. Plaintiff previously amended his Complaint however; new evidence
and relevant materials have recently come to the fore which warrant the Court’s
attention. Indeed, the criminal actions which underly this action continue unabated.
6. Moreover, and as depicted in the Third Proposed Amended Complaint
and Plaintiff’s previous motion to supplement the Amended RICO Statement, the
defendants have endeavored to conceal evidence such that it only became known
in the last few weeks.
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7. Indeed, it is only because of the notoriety this case has generated that
witnesses have come forward to disclose this otherwise concealed information.
8. This should not be considered unusual as this matter alleges extreme
government corruption leading to distrust in local law enforcement.
9. Citizens possessing evidentiary information have nowhere to go
because they fear their own local government. Exhibit A to the Proposed
Complaint avers to this fact.
10. As such, this office has become the sole avenue where citizens feel
safe in addressing complaints. This is a sad fact but, all the more reason for the
Court to allow the Complaint to be amended and supplemented and allow the case
to continue in its entirety.
11. As the Court notes in its Order of November 5, 2021, I am proceeding
under the assumption that the motion to accept the Amended RICO Statement
(together with the proposed addendum) remains pending.
12. However, this Third Amended Complaint is composed to coincide
with the Amended RICO Statement (with Addendum) and is contingent upon it.
13. As such, and only if the Court would prefer, I would be happy to re-
submit the proposed RICO Statement motion and Addendum along with the
present motion if it makes matters easier and clarifies the record.
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14. Plaintiff’s proposed Third Amended and Supplemented
Complaint, appropriately red lined, is attached for the Court’s consideration as
Exhibit 1.
WHEREFORE, I respectfully request that the Court allow me to once again
amend and supplement the Complaint together with updating the RICO form as the
Court requires.
Pursuant to 28 U.S.C. §1746, I declare under penalty of perjury that the
foregoing is true and correct.
____________________________
Jeffrey R. Parry
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK
_____________________________________________________
KEVIN MURPHY,
Plaintiff,
THIRD AMENDED
AND SUPPLIMENTED
-against- COMPLAINT WITH
JURY TRIAL DEMAND
Civil Case No.:
ONONDAGA COUNTY, THE ONONDAGA COUNTY

SHERIFF’S DEPARTMENT, EUGENE CONWAY both
Individually and in his capacity as Sheriff of Onondaga County,
JOSEPH CICIARELLI both individually and in his capacity as
Chief Police Deputy, MICHAEL DICKINSON, JAMMIE
BLUMER, JONATHAN ANDERSON, JOSEPH PELUSO,
ROY GRATIEN, JASON CASSALIA and CARL HUMMEL, all
individually and in their capacities as employees of Onondaga
County and the Onondaga County Sheriff’s Department;
WILLIAM FITZPATRICK both Individually and in his
capacity as District Attorney of Onondaga County; STEFANO
CAMBARERI, both individually and in his capacity as an employee
and agent of both Onondaga County and William Fitzpatrick;
MELANIE S. CARDEN, both individually and in her capacity
as an employee of Onondaga County and LINDSEY M. LUCZKA,
both individually and in her capacity as an employee of Onondaga
County; BRYAN K. EDWARDS, both individually and in his capacity
as an agent of Onondaga County; WESTCOTT EVENTS, LLC both
individually and as an agent of Onondaga County,
Defendants.
_____________________________________________________
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COMPLAINT
Plaintiff, Kevin Murphy, by and through his attorney, Jeffrey R. Parry, Esq.,
as and for his complaint, alleges as follows:
NATURE OF THE ACTION
Plaintiff Kevin Murphy was an employee of the Defendant, Onondaga
County in the Onondaga County Sheriff’s Department located in Syracuse, County
of Onondaga, State of New York. He held, until recently, the rank of Police
Sergeant and was, until the defendants wrongly intervened, the supervisor of
Onondaga County Sheriff’s Deputies in the regular course of their business as
police officers. His work for the Onondaga County Sheriff’s Department and the
community has been, at all times, exemplary.
This case concerns an enterprise Defendants’ Onondaga County, the
Onondaga County Sheriff’s Department, Eugene Conway, Joseph Ciciarelli,
Michael Dickinson, Jammie Blumer, Jonathan Anderson, Joseph Peluso, Roy
Gratien, Jason Cassalia, Carl Hummel, William Fitzpatrick, Stefano Cambareri,
Melanie S. Carden, Lindsey M. Luczka, Bryan Edwards and Westcott Events, LLC
(hereinafter referred collectively as “Defendants”) retaliation against Sgt. Murphy
for his personal efforts in opposition to the insufficient and illegal policies,
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customs, practices and the deliberate indifference of the Onondaga County
Sheriff’s Department and Onondaga County, including efforts to disclose
inadequate and illegal police performance, supervision, training, procedures,
negligence and gross negligence in the performance of police investigatory duties,
improper and unconstitutional arrests, illegal seizures performed without a warrant,
illicit investigations, false record keeping, racially inappropriate behavior,
retaliation and personal and professional misconduct.
All of these acts rise from, and result in, conditions and policies which are
damaging to the public safety as well as the safety of Sgt. Murphy. All of the acts
and deprivations were known or should have been known to the defendant
government entities, Onondaga County and the Onondaga County Sheriff’s
Department, and the other defendants as well. The inadequacies of current
practices were obvious as was the likelihood that the federal rights of citizens
would be sacrificed. The defendant government entities, therefore, needed to act
but did not thus, giving rise to liability for their deliberate indifference.
As a result of, and in retaliation for, Murphy’s personal efforts to call
attention to the many shortcomings of Onondaga County and the Onondaga
County Sheriff’s Department, to protect the public safety, to advocate for change
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in improper and illegal policies, customs and deliberate indifference, to disclose
these issues to supervisors, to elevate training to an acceptable level, to ensure that
only lawful and appropriate arrests are made, to appropriately supervise and direct
the officers under his command, to enforce necessary record keeping and supervise
his deputies such as to ensure the lawful conduct of their duties, to ensure the legal
treatment of citizens and the observation of due process and to simply conduct
himself as a police officer, Murphy was relieved of his command, directed not to
do police work of any kind, directed not to supervise subordinate deputies, was
required to sit idly at a desk in public view without work, was forbidden to give
orders or supervise subordinate officers unless other junior Police Sergeants took
leave and officers were unavailable, was forbidden to make arrests, conduct
investigations and do any of the duties that he was trained to do and which
comprise his job as a Police Sergeant, was not allowed to utilize a patrol car, was
not allowed to display his uniform in public and was embarrassed and humiliated
in an effort to cause him to retire. Murphy was given “road therapy” by being
transferred to another station at an inconvenient location a long distance from his
home so as to increase his commuting time every day. Further, he was made the
subject of improper criminal investigations. Hostile Work Environment
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investigations and disciplinary actions in an effort to cause him to be passed over
after scoring highly on the lieutenants’ exam in favor of Sergeants with less
qualifications.
Finally, and most egregiously, he was, on two occasions, wrongly made the
subject of criminal investigations in order to punish him for raising issues of grave
public and professional concern, to cause him to be silent and to cause him to
retire rather than speak out thus, giving rise to causes of action under the First
Amendment of the United States Constitution, 18 U.S.C. §§1961, et seq.
(colloquially known as Civil RICO) and for further actions in fraud, slander and
libel. 42 U.S.C. §1983; Labor Law §740; 18 U.S.C. §1964(c).
Particularly egregious are the actions of the defendant individuals, acting in
concert, to retaliate against Murphy by extortion via threat of criminal prosecution,
to threaten his wife and otherwise place him in fear of incarceration, loss of
employment, loss of his civil liberties, actual loss of income and professional
opportunities and humiliation.
Additionally, and in addition to the numerous retaliatory actions enumerated
above, Murphy was passed over repeatedly for promotion to Lieutenant when he
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was the most qualified individual available. In each instance the promotion was
given to individuals of demonstrably lesser ability and experience.
This is a civil action seeking damages arising out of Defendants’ violation of
the rights secured by the First Amendment of the United States Constitution, 42
USC §1983; 42 USC §1985 and 18 USC §§1961 et seq., by Section 740 of the
New York State Labor Law otherwise known as the Whistleblower Act, by
Defendants’ defamatory statements, by Fraud, by negligent and intentional
infliction of emotional distress and abuse of process.
THE PARTIES
Plaintiff – Kevin Murphy
1. Plaintiff Kevin Murphy (hereinafter “Murphy”) is an adult male who
currently resides in the Northern District of New York.
2. At all times relevant to this action, Plaintiff Murphy was an employee
of Onondaga County and the Onondaga County Sheriff’s Department serving as a
Deputy with the rank of Sergeant.
3. At all times relevant to this action, Plaintiff Murphy was, and is, an
instructor at the Central New York Police Academy, an instructional facility
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owned and operated by defendants Onondaga County and the Onondaga County
Sheriff’s Department.
4. Since the onset of litigation, and as further articulated in the
pleadings, Murphy was forced to retire from the Onondaga County Sheriff’s
Department as a result of the actions herein.
DEFENDANTS
4. Defendant the County of Onondaga is a municipal corporation formed
pursuant to the laws of the State of New York with offices located at 421
Montgomery Street, Syracuse, New York 13202.
5. Defendant Onondaga County Sheriff’s Department is a police agency
formed pursuant to Article 17 of the County Law with its principle place of
business at 407 S State St, Syracuse, NY 13202. It is a subsidiary organization
within the County of Onondaga.
6. Eugene Conway an adult male who resides in the Northern District of
New York. He is the Sheriff of Onondaga County.
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7. Joseph Ciciarelli is an adult male who resides in the Northern District of
New York. He is Chief Deputy (Police Division) of the Onondaga County Sheriff’s
Office.
8. Michael Dickinson is an adult male who resides in the Northern District
of New York. He is a captain in the Onondaga County Sheriff’s Department and
Patrol Commander.
9. Jammie Blumer is an adult female who resides in the Northern District of
New York. At times relevant to this action, she was in a supervisory capacity over
Sgt. Peluso.
10. Jonathan Anderson is an adult male that resides in the Northern District
of New York. He is an employee of Onondaga County, a Lieutenant in the
Onondaga County Sheriff’s Department and a supervisor of police Sergeants.
11. Joseph Peluso is an adult male that resides in the Northern District of
New York. At times relevant to this action, he was an employee of Onondaga
County and the Onondaga County Sheriff’s Department as a police sergeant. He
has since retired as a police sergeant but is working as a Special Patrol Officer for
the Sheriff’s Office at the Onondaga County Civic Center.
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12. Roy Gratien is an adult male that resides in the Northern District of New
York. He is a retired employee of Onondaga County and the Onondaga County
Sheriff’s Department. He was formerly the Assistant Police Chief.
13. Jason Cassalia is an adult male that resides in the Northern District of
New York. He is an employee of Onondaga County and the Onondaga County
Sheriff’s Department holding the position of Undersheriff.
14. Carl Hummel is an adult male that resides in the Northern District of
New York. He is an employee of Onondaga County. At all times relevant to this
action, he was the Acting Personnel Commissioner of the Onondaga County
Department of Personal.
15. William Fitzpatrick is an adult male that resides in the Northern District
of New York. He is an employee of Onondaga County. At all times relevant to this
action, he was District Attorney of Onondaga County. Relevant is the fact that he
often refers to himself as the senior law enforcement officer in Onondaga County.
16. Stefano Cambareri is an adult male that resides in the Northern District
of New York. He is an employee of Onondaga County serving as administrator to
the County operation and management contract with SMG in the operation of the
Amphitheater, an attorney in private practice, a member of the Board of Directors
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of the Syracuse OnCenter and, upon information and belief, a campaign manager
for William Fitzpatrick.
17. Melanie S. Carden is an adult female residing in the Northern District of
New York. She is an employee of Onondaga County. At all times relevant to this
action, she was an Assistant District Attorney working at the Onondaga County
District Attorney’s Office.
18. Lindsey M. Luczka is an adult female residing in the Northern District of
New York. She is an employee of Onondaga County. At all times relevant to this
action, she was an Assistant District Attorney working at the Onondaga County
19. Bryan Edwards is an adult male residing in the Northern District of New
York. He is the manager and principal owner of Westcott Events, LLC. and, upon
information and belief, the sole proprietorship of the same name.
20. Westcott Events, LLC is a limited liability company formed under the
New York State Limited Liability Company law. Upon information and belief, it is
presently suspended and/or operating as a sole proprietorship.
NON-DEFENDANT VIOLATERS
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21. Jeffrey Passino is an adult male that resides in the Northern District of
New York. He is an employee of Onondaga County serving as a Detective with the
Onondaga County Sheriff’s Department. He is president of the Onondaga County
Deputy Sheriff’s Police Association, a union representing Sheriff’s Deputies.
22. Dominick Albanese is an adult male that resides in the Northern District
of New York. He was, until recently, an employee of Onondaga County serving as
a Sheriff’s Deputy with the Onondaga County Sheriff’s Department.
23. Brian Crowley was an evidence technologist in the Onondaga County
Sheriff’s Department. He was formerly a representative of the Onondaga County
Deputy Sheriff’s Police Association, a union representing Sheriff’s Deputies.
24. Michelle Williams is an adult female residing in the Northern District of
New York. She is the Director of Human Resources for the Onondaga County
25. Esteban Gonzales is an adult male residing in the Northern District of
New York. He is the Chief Custody Deputy for the Onondaga County Sheriff’s
Department.
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26. Susan C. DeMari is an adult female residing in the Northern District of
New York. She is the Chief Civil Deputy for the Onondaga County Sheriff’s
Department.
27. William Bleyle is an adult male residing in the Northern District of New
York. He is the Chief Correction Deputy for the Onondaga County Sheriff’s
Department.
28. Katherine L. Trask is an adult female residing in the Northern District of
New York. She is Chief Staff Services Deputy for the Onondaga County Sheriff’s
Department.
29. Jeremy Cali is an adult male residing in the Northern District of New
York. At all relevant times herein, he was an Assistant District Attorney with the
Onondaga County District Attorney’s Office.
30. Domenic F. Trunfio is an adult male residing in the Northern District of
New York. He is the Chief Assistant District Attorney of Onondaga County.
JURISDICTION
31. This Court has jurisdiction over the subject matter of this action pursuant
to 28 U.S.C. § 1331. This Court has supplemental jurisdiction over Plaintiff’s New
York State law claims under 28 U.S.C. § 1367.
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VENUE
32. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because a
substantial part of the events or omission giving rise to Plaintiffs’ claims occurred
in this district and the Plaintiffs and Defendants reside in the Northern District of
New York.
JURY DEMAND
33. Plaintiff respectfully demands a trial by jury of all issues in this matter,
including but not limited to damages.
CONDITIONS PRECEDENT
34. A Notice of Claim was duly served upon the government entities
Onondaga County and the Onondaga County Sheriff’s Department within the
appropriate time period and in accordance with General Municipal Law §50-e and
§50i.
35. Over 30 days have elapsed since the service of this document and
defendants have made no effort to settle the claim.
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FACTUAL ALLEGATIONS
36. At all times relevant to this action, plaintiff, Kevin Murphy, was working
as a police officer for the Onondaga County Sheriff’s Department and Onondaga
County.
37. As a supervisor, Murphy was responsible for, inter alia, enforcing the
law, responding to complaints by the public of criminal activity; training his
subordinates as to how to perform their duties as police officers and ensuring
compliance by his subordinates with the laws, rules, regulations, practices,
policies, record keeping and other protocols required of a police officer and
Sheriff’s Deputy.
38. As an instructor at the Police Academy operated by the defendants
Onondaga County and the Onondaga County Sheriff’s Department, Murphy was
responsible for the instruction and education of aspiring deputies and police
officers from numerous jurisdictions and locations in the subjects of law;
appropriate, lawful and professional police work and other duties and
responsibilities required of a professional police officer. Murphy has been
identified as a subject matter expert as a gang investigator, has been granted
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security clearances via extensive background investigations by the federal
government and has taught at the local, state, national and international levels.
39. Murphy is known throughout the Onondaga County Sheriff’s
Department and elsewhere, for his professionalism, dedication and his zeal in
pursuing criminal matters.
40. Murphy frequently worked on his own time, doing police work on off
hours for no compensation.
41. Murphy is known to pursue investigations to a far greater degree than his
peers.
42. Murphy is frequently relied on by other officers, and particularly those
with less experience, to provide advice and lend his expertise to investigations and
other types of police work.
43. As was his duty, Murphy warned his superior officers in the Onondaga
County Sheriff’s Department of illegal arrests, inadequate police work, improper
training, poor supervision, racially motivated behavior and improper,
unprofessional and illegal conduct on the part of Sheriff’s deputies.
44. As was his further duty, Murphy warned supervisors and
administrators in the Onondaga County government of illegal arrests, inadequate
15
police work, improper training, poor supervision, racially motivated behavior and
improper, unprofessional and illegal conduct on the part of Sheriff’s deputies.
45. Murphy’s superior officers are frequently averse to accepting advice and
well-meant criticism.
46. At all times relevant to this action, Murphy was impeccably qualified for
his job as an Onondaga County Sherriff’s Deputy.
47. At all times relevant to this action, Murphy was more than qualified for a
promotion to the rank of Lieutenant and to perform in that capacity as an
Onondaga County Sheriff’s Deputy.
48. At all times relevant to this action, Murphy performed his job in an
exemplary manner.
49. Murphy has been the subject of retaliation designed to quiet him,
encourage him to leave the Police Department and otherwise punish him for the
appropriate exercise of his constitutional rights, the policies of the Onondaga
County Sheriff’s Department, the law of the United States and the State of New
York.
THE RICO ENTERPRISE
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50. At all times relative to this Complaint, Eugene Conway, Joseph
Ciciarelli, Michael Dickinson, Jammie Blumer, Jonathan Anderson, Joseph Peluso,
Roy Gratien, Jason Cassalia, Carl Hummel, William Fitzpatrick, Stefano
Cambareri, Melanie Carden, Lindsey Luczka and Bryan Edwards were members of
a criminal organization in Onondaga County, New York who’s members and
associates engaged in acts of government corruption involving extortion, fraud,
assault, witness tampering, tampering with evidence, and other acts in violation of
18 U.S.C. §1961(1).
51. The enterprise (hereinafter the “enterprise” or the “Fitzpatrick
enterprise”) including its leadership, members, and associates constitutes an
“enterprise” as defined in Title 18, United States Code, Section 1961(4), that is, a
group of individuals associated in fact.
52. The enterprise is an ongoing, open ended organization whose members
functioned as a continuing unit for a common purpose of achieving the objectives
of the enterprise. Felonious acts continue to occur even as this litigation
progresses.
53. William Fitzpatrick is the head and most powerful member of the
enterprise. The enterprise exists, and the defendants work together, for the
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common purpose of engaging in illegal conduct to acquire and protect their
politically sensitive jobs, to protect themselves by avoiding public scrutiny of their
activities, to cover-up the wrongdoings of members, political friends and donators ,
to otherwise ensure the personal financial success of members as well as the
continued existence and influence of the enterprise.
54. All of the defendants herein either work for, or do business with,
Onondaga County government.
55. At all times relevant to this action, defendants were the recipients of, or
controlled and dispersed, federal grant monies procured through interstate
commerce that were intended to be utilized in law enforcement tasks or
governmental functions.
56. Exemplars of illegal behavior on the part of Sheriff’s Deputies and
Retaliatory Behavior on the part of the Onondaga County Sheriff’s Department
display a distinct pattern of behavior and retaliation.
57. Commonly, predicate acts fall in two catagories; 1) those of common
deceit and 2) those of extortion.
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58. In the tradition of “shoot the messenger” the enterprise will attack
anyone who reveals improper conduct on the part of the enterprise, even if that
information comes forth inadvertently.
59. Each and every depiction is a proximate cause of the constitutional and
civil deprivations, loss of income, hostile work environment, deliberate failure to
promote and other retaliatory actions claimed herein.
60. As further delineated in the accompanying RICO statement, the
Enterprise herein has been in operation for more than thirty years. operating for the
most part within the confines of Onondaga County, New York.
PURPOSE OF THE ENTERPRISE
61. The purpose of the enterprise includes, but is not limited to, the
following:
a. Enriching the members of the enterprise through, amongst other
things, control of election outcomes, criminal proceedings and media reports
within central New York;
b. Enriching the members of the enterprise through, amongst other
things, ensuring election and appointment to political office by wrongful
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means, the appointment of family and friends to political office and the
control of promotions within political and governmental offices;
c. Enriching friends and patrons by protecting them from criminal
liability;
d. Acquiring, maintaining, protecting and expanding the power and
reputation of the members through the use of intimidation, violence, threats
of public humiliation and threats of wrongful incarceration;
f. Promoting and enhancing the prestige, reputation and position of the
enterprise over rival, legitimate organizations; and
g. keeping victims and rivals in fear of the enterprise, its members and
associates.
CHARACTERISTICS AND MEANS OF THE ENTERPRISE
62. Of course, enterprise members make money through a government
salary which requires re-election or reappointment.
63. Enterprise members further make money through political contributions.
64. Continued employment and political contributions are assured through
deceit, favoritism and graft.
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Examples of Predicate Acts
65. Upon his election to the position of County Sheriff, defendant Eugene
Conway allowed upper echelon members of the enterprise free vacation time.
66. Specifically, Conway’s allowed enterprise members to refrain from
reporting vacation time to County personnel although, they are known to have
taken vacations.
67. The enterprise required that members ignore the “no show” job positions
as, in fact, conspirators were not present at their jobs and citizens were receiving
no services for their tax dollars.
68. As no vacation time appeared on the County books, fictitious “unused”
vacation time illegally accumulated.
69. This provides for enterprise members, upon retirement, to cash in
“unused vacation time” at the enhanced pay rate they receive at retirement.
70. Enterprise members receive a very large check representing several years
of fictitious, non-existent vacation pay as a retirement bonus.
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71. Enterprise members therefore receive both free vacation time and
compensation for fictitious unused vacation time, a double windfall for their
alliance to the conspiracy.
72. Conspirators are known to have been present at out-of-state tourist
locations while their vacation time went unreported.
73. In this way, Conway paid members of the enterprise for their loyalty and
support of enterprise activities.
74. As well, this system guarantees the cooperation and silence of co-
conspirators by virtue of their participation in an overtly illegal act.
75. Upon information and belief, this income flow was omitted from the tax
reporting of the conspirators.
76. Members of the Onondaga County administrative staff reported this
activity to Onondaga County payroll managers only to be ignored.
77. Upon information and belief, involved in this scam is Gonzales, Bleyle,
Andrews, Cassalia, and Ciciarelli amongst others.
78. In point of fact, an anonymous whistleblower informed this office of this
theft of government services/monies because he/she had no place else to go with
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the information, the local police and prosecutors being part of the scheme. Exhibit
A.
79. This “system” required the cooperation of all of the defendants as each
knew of the other’s absence and had to cover for them.
80. Too, some members used this “system” to profit by “double dipping”
additional jobs as they did not need to appear at their workplace each day.
81. Aside from upper echelon members of the Sheriff’s Department, this
system was known, tolerated and, in effect, managed by administrators and payroll
personnel throughout County government.
82. The Onondaga County District Attorney’s Office has prosecuted
individuals in the past for similar crimes.
83. Dominick Albanese is a defendant in the pending matter of Glover v.
Onondaga County, et al., 5:18-cv-00837.
84. On or about June 7, 2021, defendant Albanese resigned while under
investigation for criminal and/or internal violations at the Onondaga County
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85. Dominick Albanese and Eugene Conway, Sheriff of Onondaga County,
made a quid pro quo deal to destroy evidence and influence future testimony in
return for Albanese leaving quietly and keeping his certification to be a police
officer.
86. This would enable Albanese to procure employment at another police
agency.
87. Albanese had been under investigation for the following serious
allegations: 1) failing to comply with conduct regulations; 2) failing to be
courteous; 3) failing to refrain from making derogatory comments about other
members of OCSO; 4) failing to remain calm while responding to the call on April
14, 2021; 5) failing to refrain from harsh, profane or derogatory language; 6)
subjecting a person to brutality or unnecessary physical force; 7) failing to conduct
himself in a professional manner; 8) failing to cooperate fully in the investigation
related to the performance of his duties; 9) submitting a report that inaccurately
described the level of physical force he used on the underage male subject; 10)
acting in a manner discourteous to the public; 11) failing to follow job instructions,
directions or departmental policies and procedures, including: 12) handcuffing
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subjects, grab control and empty hand control; 13) use of force; and 14) expression
which impaired working relationships in OSCO.
88. In return for his resignation, Albanese demanded that Sheriff Conway,
himself a defendant in Murphy v. Onondaga County, destroy his personnel records.
89. Albanese demanded that he be illegally allowed to keep his police
certification which would enable him to be employed by another police
department.
90. Conway accepted the deal.
91. Upon the resignation of any officer, it is legally required that the
Onondaga County Sheriff’s Department disclose that fact to the Department of
Criminal Justice Services (hereinafter “DCJS).
92. It is a simple, widely known, legal requirement that the circumstances
under which Albanese resigned must be disclosed to DCJS.
93. Terminations for any reason whatsoever are reported to DCJS on a very
simple, albeit mandatory, one page form supplied by DCJS. As such, compliance
with the reporting requirements is extremely easy and only takes a few moments.
94. The circumstances under which the officer resigned must be enumerated
on the form.
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95. Importantly, if a police officer is terminated for cause or resigns in lieu
of investigation, his certification is revoked and he cannot be employed by any
other police agency.
96. These legal requirements are designed to promote transparency in
government and prevent offending police officers from avoiding discipline or
prosecution by simply resigning and thereafter accepting employment at another
agency.
97. These reporting requirements are mandated by New York State law and
are designed to protect the public as well as to inform.
98. If a police officer resigns while under investigation his certification is
immediately revoked by DCJS.
99. However, DCJS provided documents reveal that the Albanese matter
was falsely reported as a mere resignation when, in fact, he resigned in lieu of
investigation/termination.
100. There has been no attempt to amend or correct the report to DCJS since
the form was originally submitted.
101. This means that Albanese remains a certified police officer when, in
fact and as a matter of law, he should not be.
26
102. As matters stand, Albanese, having avoided criminal investigation and
discharge, is eligible to be hired by a police agency only because Conway and
OCSD lied to the Department of Criminal Justice Services.
103. Hector Rivas was wrongly convicted after trial of the murder of his
girlfriend in 1993. See Rivas v. Fischer, 687 F.3d 514 (2d Cir 2012).
104. The case was prosecuted by William Fitzpatrick personally.
105. In the that matter, the conviction was had upon serious improprieties
are known to have occurred in the production of evidence by the Onondaga Health
department/ Medical Examiner.
106. Perjurious testimony of the medical examiner, elicited after Fitzpatrick
asked him to reconsider his opinion, led to a vastly different testimonial opinion as
to time of death. See Rivas v. Fischer, 687 F.3d 514 (2d Cir 2012).
107. After decades of appellate review, the United States Court of Appeals
for the Second Circuit returned the case upon a showing of “actual innocence”.
Rivas v. Fischer, 780 F.3d 529 (2d Cir 2015); Rivas v. Fischer, 687 F.3d 514 (2d
Cir 2012).
27
108. During the course of appellate review, Kevin Murphy discovers further,
and equally disturbing and illegal, improprieties on the part of the Health
Department/ Medical Examiner in the case of Michael Tew.
109. Without knowing that the subject of medical examinations is the
subject of intense scrutiny at the appellate level in Rivas, Murphy reports the
improprieties up the chain-of-command as required.
110. Specifically, the report on the improper medical records is provided to
both the Sheriff’s Department chain-of-command and the District Attorney’s
Office separately.
111. As further alleged below, Murphy’s report is not acted upon by either
department and disappears.
112. However, in a manner that should be recognized as standard operating
procedure for the enterprise, almost a trademark really, the transmitter of the
information is attacked.
113. Murphy is investigated for years upon allegations of neglect as to “lost
documents” where none existed.
114. It is appropriate to note that Hector Rivas died in jail having never
received a fair trial.
28
115. In 2014, Peter Rausch, was removed from the Central New York Drug
Task Force (hereinafter the “Task Force”).
116. Rausch was specifically placed in that very sensitive position by
appoint-ment of William Fitzpatrick.
117. Prior to the appointment, Rausch was a process server for the
Onondaga County District Attorney’s Office.
118. However, Rausch was not qualified for the position on the Task Force
and was not qualified to be an Investigator at the District Attorney’s Office.
119. Rausch’s application for accreditation as a police officer as submitted
to the New York State Department of Criminal Justice Services (“DCJS”) was
falsified by the Onondaga County District Attorney’s Office and, specifically, by
William Fitzpatrick and Dominic Trunfio.
120. When it was discovered that Rausch was not qualified for his position
at the Task Force, he returned to his position at the District Attorney’s Office
although he was not qualified for that position either.
29
121. Shawn Broton was formerly Deputy Chief Investigator for the Syracuse
Police Department and a civil service captain. He is presently Chief of Police for
the Town of Chittenango and a contract officer for the U.S. Marshall’s Service.
122. Broton disclosed to Fitzpatrick and other members of the enterprise that
Rausch was formerly a numbers runner with connections to the Bedogian gambling
operation.
123. Bedogian, in turn, is, and was, suspected to have ties to organized crime
and runs a gambling operation which, it is estimated, grosses thirty to fifty million
dollars in revenue annually.
124. Quizzically, Bedogian has been arrested in Syracuse on multiple
occasions but was never tried by the Onondaga County District Attorney.
125. However, he does come to be arrested in Albany, N.Y., convicted and
he eventually dies in prison.
126. Moreover, Rausch is found to have previously been involved in an
incident involving the threatening use of a weapon in a barroom type altercation.
127. Broton, reports these matters as he is duty bound to do, only to be
threatened with prosecution by the enterprise (Fitzpatrick).
30
128. Broton is thereafter terminated from his position with the involvement
of Fitzpatrick and members of the Onondaga County administrative staff.
129. Thereafter, in an ironic twist, Rausch, still in the employ of the
Onondaga County District Attorney, is involved in a drunken auto accident in an
Onondaga County vehicle that results in the death of an Onondaga County citizen.
He engages in elaborate efforts to hide his involvement and deceive police.
130. He was sentenced to 2 – 6 years in State prison and has just been
released in the past few days.
131. Murphy first draws the attention of the conspiracy in 1997 when he
investigates an individual connected to an establishment engaged in prostitution,
Connections Tanning.
132. The Elysium and Connections Tanning are both raided by the Syracuse
Police Department with assistance of COMBAT (a multi-agency taskforce that
includes Onondaga County Sheriff’s Deputies).
133. Information is forthcoming from the manager of Connections Tanning
indicating that three New York State judges two prominent local businessmen, the
31
Chairman of the Onondaga County Republican Party, three Syracuse Police
officers and one Sheriff’s officer had attended the businesses.
134. Upon information and belief, investigators only interviewed two out of
three judges.
135. Upon information and belief, the two businessmen were never charged.
136. Upon information and belief, the three Syracuse Police officers were
never charged.
137. Upon information and belief, the Sheriffs officer was not charged.
138. Upon information and belief, the Republican Party Chairman was never
charged.
139. Upon information and belief, the above-mentioned businessmen were
large donors to the republican party and republican candidates.
140. Of primary importance, Murphy was in a position to know of the
improprieties in the above investigations and was thereby a threat to the
conspiracy.
141. Upon information and belief, defendants were aware of Murphy’s
knowledge and involvement. He is a career threat to those who protected the
32
politically connected suspects in both the Sheriff’s Dept. and the Onondaga County
142. Sheriff’s Deputy Lt. Paul Brennon was in large part responsible for the
cover-up at Connections Tanning and The Elysium. At a later date, he is rewarded
for his conduct by being promoted to lieutenant over Murphy although he is far
less qualified.
143. In 1997, very much against his wishes and without him applying for the
job, Murphy is given the job of Gang Investigator.
144. This is a marginalized position that takes Murphy away from
mainstream police investigations and removes him from those in politically
sensitive positions.
145. Murphy receives considerable verbal abuse in this position as the job is
considered essentially useless and anything but career enhancing.
146. Upon information and belief, Murphy is placed in this job to get rid of
him and otherwise get him away from the areas in which he has demonstrated the
most talent, police work.
147. In May of 2002, Murphy’s wife Amy, also a Sheriff’s deputy, is told to
“park her ass” at a desk by a senior officer.
33
148. The senior officer, Ted Botsford, goes to Murphy’s home at 10:00 P.M.
to intimidate the Murphy family.
149. Botsford is never punished, criticized or rebuked for his aggressively
discriminatory conduct.
150. Murphy was a SWAT team member from 1992 through 2004.
151. Murphy was acting SWAT team commander during a Syracuse visit by
Vice-President Dick Cheney in November of 2003.
152. The SWAT team was tasked with supporting the U.S. Secret Service in
providing security for the Vice-President.
153. The SWAT team was improperly deployed during the Vice-President’s
visit.
154. Murphy writes a highly detailed memorandum critical of the methods
used to deploy the SWAT team and the risks they posed to the mission as per
SWAT policy. It is given to Chief Tubbert.
155. Although he is correct in his assessment, Murphy is punished for his
comments and deemed disrespectful to those in politically sensitive positions
within the department.
34
156. In 2003, Murphy is assigned to a Federal Gang Task force in an effort
to, once again, marginalize him, get him away from mainstream police work and
place him in a position where he would not pose a threat to those in politically
sensitive positions.
157. Murphy endeavors to make the best of this unwanted transfer.
158. In 2007 Murphy arrests Timothy Chavers, a Onondaga County
Sheriff’s Deputy jail officer.
159. Chavers has been the target of numerous investigations for bringing
contraband, primarily drugs, into the jail and selling it to inmates.
160. Other Deputies in eighteen investigations had tried, and failed, to
investigate Chavers’ smuggling operation for years.
161. In spite of Murphy’s success, he is investigated and criticized for not
reporting the ongoing investigation to the Jail Chief, an unrequired and vacuous
activity.
162. The Jail Chief was deliberately excluded by order Sheriff Kevin E.
Walsh.
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163. The investigation of Murphy continues, along with insults and
criticism, for two years.
164. In 2008, Brian Crowley was a union official in the Onondaga County
Sheriff’s Police Association, Murphy’s union.
165. As well, Brian Crowley was an evidence technologist in the Onondaga
County Sheriff’s Department.
166. In 2008 the Clay Police Department was being absorbed into the
Onondaga County Sheriff’s Department.
167. All equipment and assets of the Clay Police Department were
transferred as public property.
168. Michael Dickenson was in charge of patrol activities in the Clay area.
167. Brian Crowley receives a bribe of a mint condition Harley-Davidson
police motorcycle that was the property of the Town of Clay and/or Onondaga
County.
168. Dickenson knew, and directly participated in, the bribe.
169. Upon information and belief, Dickinson helped Crawley remove the
motorcycle from storage in the Clay P.D.
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170. When Crowley retired in 2018, the motorcycle was transported to
Crowley’s retirement home in Florida where it was registered.
171. Dickenson knew of the transportation of the motor vehicle across state
lines.
172. Crowley has since sold the motorcycle.
173. In return for the gift of the motorcycle, Crowley performed in
accordance with the wishes of the conspiracy.
174. Specifically, Murphy was denied union and legal representation by the
Union for the next ten years although he requested it on several occasions.
Murphy’s Union representation was compromised.
175. Crowley was thereafter required to do as the conspiracy required.
176. Harley-Davidson Motorcycles are not made within the State of New
York.
177. The motorcycle was made, transported in and sold in interstate
commerce.
178. On or about November 2, 2008, inmate Michael Tew committed
suicide in the Onondaga County Justice Center.
37
179. Murphy was assigned to investigate the cause of death and related
involvement by Onondaga County and the Onondaga County Sheriff’s
Department.
180. Murphy discovered, and reported, improprieties in the care and
supervision of Michael Tew.
181. Very likely, these improprieties would result in civil liability on the part
of Onondaga County.
182. Murphy reported these improprieties to supervising officers, including
the Sheriff.
183. Thereafter, Murphy discovered improprieties in the medical records of
Michael Tew.
184. Specifically, the medical records had been altered.
185. Murphy reported this to supervising officers as well as to the Onondaga
County District Attorney. His report included the name of the perpetrator and a
complete depiction of the criminal act of altering the records.
186. Unbeknownst to Murphy, the Rivas matter was working its way
through the appellate courts.
38
187. The District Attorney never brought criminal charges and, upon
information and belief, the crime was never made public.
188. The perpetrator was allowed to quietly retire a few months later.
189. Thereafter, defendant Anderson, an Internal Affairs Investigator opened
a vacuous investigation designed to silence Murphy. Murphy was himself charged
with “losing” part of the criminal investigation records in this matter.
190. He was extensively investigated and the matter was brought before a
union arbitrator.
191. The evidence relied upon by the County of Onondaga and the
Onondaga County Sheriff’s Department was deemed woefully inadequate and,
after two years of litigation, the matter was dismissed.
192. This incident led to a decade of threats, constitutional deprivations,
harassment and retaliation upon Murphy.
193. On or about May 30th, 2015, Murphy was the Day Sergeant (B Watch).
194. Murphy was dispatched to an Assault investigation that occurred during
overnight hours.
195. No other deputies were available to respond.
39
196. The investigation occurred at the Timber Tavern bar where Murphy
met the victim and her mother.
197. The victim informed Murphy that Sheriff’s deputies had responded
during the evening hours but had refused to take her statement and refused to
investigate her complaint of physical assault and being chased by an individual
armed with a Taser.
198. The victim believed that the lack of attention by police officers was due
to her ethnic background and her sex. She is an African-American female.
199. Murphy immediately took the victim’s statement, obtained surveillance
evidence from within the bar, established probable cause against known suspects
and submitted an arrest warrant application to the Court.
200. As the Court believed that probable cause existed, warrants for arrest
were issued.
201. “Midnight” deputies improperly refusing to investigate for improper
reasons and/or referring victims to daytime deputies is very common.
202. Murphy notified his supervisor, Lt. Caruso, of the investigation.
203. Murphy advised midnight Sergeant Peluso of the incident and the day
shift investigation via email.
40
204. Murphy was asked by Peluso to hold the warrant application until the
original investigating deputy could complete the application.
205. Peluso was informed that the investigation had been completed and the
arrest warrant application had already been submitted and approved by the court.
206. A few days later, Peluso physically confronted Murphy and stated in a
angry tone that when he “sixes” a complaint, it stays “sixed”. (“sixed” refers in
Police Clearing code radio parlance to “no report taken/matter settled on arrival”
indicating, contrary to the evidence presented, that no investigation was necessary
and none was conducted.)
207. Peluso, in his confrontation of Murphy, was loud, screaming and
belligerent. Murphy’s demeanor was appropriate, calm and professional.
208. Peluso told Murphy that he doesn’t know how to handle “hip-hop”
parties. This statement was intended to convey that he, Murphy, doesn’t know how
or wasn’t tough enough to handle young African-Americans.
209. The statement was calculated to be insulting and racially motivated as
he, Murphy, had previously spent 12 years investigating criminal street gangs and
organized crime and has been recognized as a gang expert by the US District Court
41
in the North District of New York. He is well known and well liked amongst
various minority groups in the Syracuse area.
210. After this inappropriate and loud confrontation initiated by Peluso,
Murphy, with Caruso’s consent, referred all future problems involving midnight
shift matters to Lt. Blumer, Peluso’s supervisor.
211. To avoid confrontation, and with Caruso’s knowledge, Murphy avoided
any contact with Peluso when at all possible.
212. On or about March 9, 2016, Sgt. Murphy informed Sheriff Eugene
Conway of the improper use of a temporary holding cell to hold prisoners, the legal
ramifications of holding a suspect in a temporary holding cell for an inordinate
amount of time and possible legal exposure to the Onondaga County Sheriff’s
Office.
213. An inspection by the New York State Minimum Standards for
Corrections made clear that the holding of prisoners for a lengthy period of time in
the temporary holding cells at the Sheriff Substations, the Criminal Investigations
Division and inside patrol cars was potentially violative of constitutionally
protected rights of the accused.
42
214. The above inspection resulted in a Sheriff’s Office written directive to
avoid such constitutional issues. See WD G-D-1006-97 (hereinafter “the
directive”).
215. Murphy had documented a violation of the directive which occurred in
September of 2015 and notified his chain of command as follows:
1) circumstances arose which caused a prisoner to be detained prior to
arraignment for over four hours,
2) Sgt. Murphy directed that the prisoner be transferred to the Justice
Center Jail, a constitutionally appropriate confinement facility, until
arraignment could occur,
3) Custody Lieutenant Leland Guillaume refused to accept the
prisoner although he was made aware of the directive and the prospect
of civil liability by Sgt. Murphy.
4) Upon receipt of Murphy’s memorandum, Assistant Police Chief
Gratien made a determination that there was no violation of the
directive, despite the clear conflict between the facts as presented
and the directive.
43
216. In a meeting had on March 9, 2016, Sheriff Conway acknowledged the
written directive and opined that Sgt. Murphy should have notified the Watch
Commanders in both the Police and Custody Departments to ensure that it was
followed.
217. Murphy informed Sheriff Conway that he had informed the respective
commanders.
218. Upon information and belief, Lt. Guillaume was never disciplined nor,
was he notified that a prisoner’s rights were likely violated or that the directive was
ignored.
219. Lt. Guillaume was promoted to captain by Sheriff Conway on
November 27, 2017.
220. Upon information and belief, Assistant Police Chief Gratien was never
reprimanded or otherwise counseled for his failure to follow the directive or
prematurely rejecting the allegation that a violation had occurred as acknowledged
by Sheriff Conway.
221. On or about April 23, 2016, Murphy responded to an auto accident.
222. Importantly, Murphy was the first supervisor on the scene.
223. Sgt. Fredericka Mendolia also responded.
44
224. The facts of the investigation did not permit an “implied consent”
search of the suspect’s blood to determine intoxication as the injuries to the other
driver were insufficient.
225. The suspect was injured and could not be interviewed.
226. By mutual agreement of Watch Commander Lt. Nerber, Sgt. Mendolia
and Murphy, a search warrant to procure blood from the suspect was to be applied
for by Murphy. The issuing Court authorized the search and seizure of the
suspect’s blood which had been taken routinely upon the suspect’s admission to
the hospital and was presently within the hospital’s possession.
227. Sgt. Mendolia contacted a midnight deputy who was assigned to Sgt
Peluso and requested that he execute the search warrant at the hospital and
properly secure the suspect’s blood which had been taken upon the suspect’s
admission to the hospital and was presently within the hospital’s possession.
228. The midnight deputy was briefed on his duties by Sgt Mendolia twice.
229. Sgt. Murphy briefed the midnight deputy as to his duties once.
230. Nevertheless, the midnight deputy did not follow orders and, instead,
caused blood to be illegally and unconstitutionally drawn without the suspect’s
45
consent in violation of the suspect’s Constitutional rights and several State and
Federal laws.
231. Murphy advised the midnight deputy of his error, that blood was drawn
without court order and in violation of the law, that the blood sample was useless
to their investigation and inadmissible in court.
232. Murphy then dispatched another deputy to properly execute the
warrant.
233. Murphy sought out the midnight deputy to identify the cause of the
misunderstanding of Sgt. Mendolia’s orders however, Lt. Blumer indicated that she
would address the matter with the deputy.
234. Murphy was no longer involved in the investigation of the matter.
235. However, Murphy learned that the deputy and Sgt. Peluso falsified the
police report to cover up the illegal search and seizure of the suspect’s blood.
236. Murphy learned that, during the next midnight shift, Lt. Blumer
and Sgt. Peluso contacted Sgt. Mendolia at home in a speakerphone telephone
conference.
237. Present for this telephone conference was Assistant Chief Roy Gratien
who was at the South Station for his Duty Commander shift.
46
238. Peluso and Blumer incorrectly and improperly intimated that Murphy’s
search warrant was improper, that his direction to the midnight deputy was
insufficient, and Murphy was to blame for the illegal search committed by the
midnight deputy.
239. Sgt. Mendolia rebuffed the assertion, stating she had requested
Murphy’s assistance, that Murphy’s search warrant application was ‘brilliant’, and
that she had contacted the midnight deputy and given him instructions for the
execution of the search warrant.
240. On or about June 3, 2016, Captain Paula Pellizzari informed Murphy
that, according to Assistant Police Chief Gratien, Murphy was not promoted to
Lieutenant because he interferes with investigations of others.
241. Murphy requested that Captain P. Pellizzari investigate the allegations
and specifically mentioned the Timber Tavern incident.
242. No investigation was ever completed.
243. Captain Pellizzari never replied to Murphy.
244. On or about August 10, 2016, Murphy is made aware of a hostile work
environment complaint filed by Sgt. Peluso against him. The complaint, though
47
vacuous, was specifically intended and timed to prevent Sgt. Murphy from being
promoted.
245. Murphy complains to Police Chief Joe Ciciarelli and Assistant Chief
Gratien voicing that the complaint was done purely to initiate an Internal Affairs
Investigation and thus, deny Murphy the opportunity for promotion. Both Ciciarelli
and Gratien were made aware that the allegations were retaliatory and likely in
violation of New York State Civil Service Law.
246. Prior to the complaint, Murphy was number one on the Lieutenant’s list
and a promotion to lieutenant was imminent.
247. Murphy explicitly requested a detailed investigation into the matter but,
no investigation was initiated and he never even received a response to his request.
248. On or about August 17, 2016 Murphy had a lengthy meeting with Chief
Joseph Ciciarelli.
249. Murphy informed Ciciarelli of the Timber Tavern incident and the
racial and sexual discrimination involved.
250. Murphy informed Ciciarelli of the illegal blood seizure and that the
illegal blood remained, improperly and illegally, in possession of the Onondaga
County Sheriff’s Office.
48
251. Murphy informed Ciciarelli of illegal and falsified reports filed by
Peluso and the midnight deputy.
252. In discussing the seizure of the illegal blood, Murphy told Ciciarelli of
Assistant Chief Gratien’s personal knowledge of the illegal search and seizure due
to his involvement as the Duty Commander and his presence at the South Station
during the aforementioned telephone call to Sgt. Mendolia.
253. Ciciarelli informed Murphy that Gratien had not recorded the fact of the
illegal search and seizure in his Duty Commander log for that night.
254. Murphy advised Ciciarelli of the conversation had with Captain P.
Pellizzari wherein Gratien had expressed his opinion that Murphy should not be
promoted due to his interference with other investigations even though the
allegations were not investigated and were entirely unsubstantiated.
255. Importantly, Murphy discussed his very great concern over the
inordinate number of arrests made by the midnight deputies that were illegal for
lack of probable cause.
256. Murphy had knowledge of the improper arrests as deputies assigned to
Murphy were routinely used to conduct the morning arraignments of those
arrested by the midnight deputies.
49
257. Murphy specifically informed Ciciarelli that these repeated illegal
arrests caused innocent people to be harassed, arrested and incarcerated.
258. Murphy specifically mentioned an illegal arrest made by another
midnight deputy, a subordinate of Peluso, who improperly arrested an African
American female for a felony wherein probable cause was lacking, and he
repeatedly refused to file any amended reports with the court.
259. Upon information and belief, Ciciarelli informed a fellow office that he
had investigated the situation and discovered that some of Sgt. Murphy’s
allegations were true.
260. Murphy requested of Internal Affairs Commander Lt. Flanagan, a copy
of the Hostile Work Environment memo. It was not provided.
261. On or about August 29, 2016, Murphy was ordered to meet with
Captain Dickenson and Lt. Caruso.
262. Murphy informed Captain Dickenson of the poor and illegal
performance of “A” watch deputies, of their illegal arrests and improper or lacking
paperwork.
263. He specifically mentioned that he had avoided contact with Peluso.
50
264. Captain Dickenson then specifically ordered Murphy to no longer do
police work while under his command and specifically:
1) to refrain from initiating investigations including vehicle and traffic
stops;
2) to no longer apply for search warrants and
3) to no longer prepare year-end statistics of Patrol Deputies work.
265. Murphy voiced his opinion that he was being disciplined without
justification and that the restrictions would affect officer safety and public safety in
general.
266. Caruso voiced his opinion that Murphy’s supervision of his
subordinates has consistently been excellent and that Murphy’s personal
involvement in police investigations never interfered with his ability to supervise
his deputies.
267. Dickinson stated that Murphy improperly took the investigative lead
into the unsolved assault of disabled, retired police sergeant Dan Budlong, though
he had done so at the request of the primary deputy, and while so encumbered with
establishing probable cause and making an arrest, Dickenson alleged that Murphy
failed to prevent a subordinate from putting gas in his patrol vehicle; even though
51
the county gas pumps were in the deputies’ patrol zone. As a result, Dickinson
improperly asserted, the Sheriff’s Department had lost out on a burglary
investigation as the New York State Police arrived first and thus became the
primary agency.
268. This fact was infuriating to Captain Dickinson who has repeatedly and
publicly voiced that he has a personal issue against the New York State Police
taking calls within Onondaga County.
269. In August and September 2016, Sgt. Murphy contacts Carl Hummel,
the Acting Commissioner of Personnel for Onondaga County.
270. Murphy notifies Hummel of the illegal conduct Murphy reported to his
superiors, the retaliatory and baseless Hostile Work Environment claim filed
against Murphy by Peluso, and the orders to abstain from police work issued by
Captain Dickinson.
271. Murphy requests an investigation by the Personnel Department as to the
intentional interference with Murphy’s Civil Service promotion status, and the
intentional harassment by Peluso and Dickinson.
272. No investigation by Hummel or the Personnel Department ever ensues.
52
273. On or about September 1, 2016, Murphy was ordered to remove his
personal file cabinet which deprives him of storage for subordinate files (required
per department policy) as there were no other file cabinets available in the
sergeant’s office.
274. Chief Ciciarelli is specifically informed.
275. Chief Ciciarelli is specifically informed of Murphy’s situation and that
Murphy was ordered not to do police work, by Lieutenant Caruso.
276. In September 2016, Chief Ciciarelli initiates a conversation with Lt
Caruso, inquiring into Murphy’s situation. Caruso replied to the effect, [h]ow do
you think he’s doing; you took the one thing that he enjoyed doing here, police
work, away from him.
277. On or about September 29, 2016 Murphy is again violently confronted
by Peluso who yells at Murphy, bullying Murphy into a hostile interaction and
belligerently demanding that Murphy speak to him.
278. Murphy leaves the building to avoid a confrontation without verbally
responding to Peluso.
53
279. After Murphy leaves the building, Peluso becomes loud and belligerent
with other deputies that work for Murphy on B Watch, entering a roll call room
and sarcastically declaring that “they must be the only real cops”.
280. Peluso then files a complaint against Murphy for ignoring him when, in
fact, Murphy was trying to avoid a verbal and physical confrontation.
281. Murphy was told by Hummel to avoid Peluso and avoid the appearance
of retaliation against Peluso for filing the Hostile Work Environment complaint.
282. Murphy is ordered to file a memo in which he informs his supervisor
that Peluso was instigating a fight.
283. In the aftermath of the confrontation and related discussions, Murphy
becomes sick and is admitted to a hospital with chest pains and high blood
pressure.
284. On or about October 5, 2016, Dickinson writes a memo indicating that
Murphy’s assessment that Peluso complained of him to deny him a promotion are
unfounded.
285. Dickinson indicated that it was a personality conflict and never
mentioned the illegal activities pertaining to false arrests, incomplete
54
investigations, illegal search and seizure, falsified police reports and Peluso’s
blatant belligerence.
286. After several weeks of illness due to chest pain, Murphy returns to
work.
287. On October 6, 2016, Caruso is ordered to present Murphy with a memo
accusing Murphy of “silent insolence” for simply avoiding a conflict with Peluso.
288. Caruso is ordered to provide this memo although he has informed
Dickinson, Gratien, and Ciciarelli that Peluso was the instigator and aggressor.
289. Peluso also received a written reprimand and transfer for his conduct by
Lt. Caruso, however, it is immediately countermanded by Captain Dickinson.
290. On October 7, 2016, Murphy is transferred such that he will be required
to work on Thanksgiving and Christmas.
291. On or about October 14, 2016, Murphy files a complaint with the NYS
Division of Human Rights indicating that he is the victim of retaliation because of
his efforts to provide proper police service to an African-American woman,
Jacinda Jones, the victim of the Timber Tavern assault.
292. In November of 2016, Murphy is assigned to Lt. Nerber.
55
293. There are already two sergeants in Lt. Nerber’s command and Murphy
has no one to supervise.
294. Murphy informs Nerber that Caruso has confirmed that the order for
“no police work” stands and that he can be disciplined for not following it.
295. Unless one of the other two junior sergeants are off on leave,
Murphy has no duties and no responsibilities and cannot independently perform
any police related duties during his 10-hour shift.
296. Murphy has been an instructor at the Police Academy for over 20 years.
297. During the November, 2016 time period, Dickinson complained
repeatedly that Murphy was instructing at the Police Academy.
298. As a direct result, Murphy’s class schedule was reduced to just one
class, Organized Crime Investigations, as Murphy is one of the few local
instructors who are recognized in federal court as gang experts or have related
subject matter expertise.
299. Peluso retires in January 2017 and Caruso requests that Murphy be
allowed to return to his prior command. The request is refused by Dickenson.
300. Dickinson did not return or approve Murphy’s 2016 performance
evaluation, submitted by Caruso, although it was expected to be excellent.
56
301. On or about January of 2017, Murphy was requested by the Sheriff’s
Office Training Division to give a lecture during In-Service Instruction on Search
Warrant basics to the entire OCSO police department. The lecture was met with
high praise.
302. However, that Murphy is not personally allowed to be involved in the
procurement of search warrants, even after being identified as a subject matter
expert by the Training Division, becomes the subject of repeated sarcastic humor
throughout the Police Department.
303. On or about June 24, 2017, Deputy Amy Murphy, an Onondaga County
Sheriff’s Police Deputy and wife of Kevin Murphy, while off duty, was struck by
an unruly security guard and subjected to other untoward conduct while she was
attending a concert with family at the Amphitheater located at Onondaga Lake.
304. The security company working the Amphitheater event was Westcott
Events, LLC D/B/A Westcott Event Security Company. It is owned, operated and
otherwise managed by Bryan Edwards.
305. Deputy Amy Murphy offered a solicited opinion to a security guard that
he could not arrest someone for trespass for standing in mulch, nor arrest some of
the men present at the concert for public indecency for being shirtless.
57
306. The security guard then pushed Deputy Amy Murphy.
307. Thereafter, the security guard pushed Amy Murphy a second time and
asked if she was a cop. Deputy Amy Murphy identified herself as a police officer.
308. With children present, and in an effort to handle the situation prudently,
Deputy Amy Murphy contacted the uniformed Police Supervisor at the venue to
notify him of the incident instead of initiating an arrest on her own behalf.
309. Kevin Murphy was working at the venue in the capacity of Venue
Supervisor.
310. Murphy initiated an investigation of the incident by questioning those
present including several other security guards. They admitted that there was
physical contact initiated by the offending security guard towards off-duty Deputy
Amy Murphy.
311. Sgt. Murphy’s investigation was obstructed by the owner of the security
company, Bryan Edwards, who physically pulled the offending security guard
away from Sgt. Murphy’s during the course of his investigation.
312. Sgt. Murphy terminated his investigation and discussion as he was
called to a “rape in progress’, deciding it more prudent to address the security
guard issue with Captain Michael Pellizzari at a later time.
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313. Murphy reports the incident to Captain M. Pellizzari and is
subsequently relieved of his duties at the Amphitheater based upon complaints
made by the security company owner, Bryan K. Edwards, who stated that if Sgt.
Murphy works the venue in the future, the security company will walk off the job
in violation of their contract.
314. Aside from Sgt. Murphy’s initial inquiry, no investigation is ever
undertaken by Captain M. Pellizzari or his amphitheater police staff. No report or
arrest is ever made.
315. Upon information and belief, no effort is ever made by the Onondaga
County Sheriff’s Department to memorialize the incident and possible charges
surrounding the use of physical force upon Deputy Amy Murphy, or the
subsequent coercive and unlawful actions taken to deter and intimidate Sgt.
Murphy by Onondaga County at the behest of Bryan Edwards.
316. Subsequently, Murphy is informed by a confidential informant and
witness that the offending security guard is unlicensed.
317. Murphy confirms that the security guard, Anthony Colenzo, was an
unregistered security guard with a serious and troubling criminal background, and
that both Colenzo and Edwards are in violation of New York State General
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Business Law, both committing a misdemeanor; Colenzo for being employed as a
Security Guard without being properly registered and Edwards for employing
Colenzo when Colenzo was not properly registered.
318. Upon information and belief, the security guards involved in the above
incident were employed by Westcott Events, LLC D/B/A Westcott Event Security
Company.
319. Westcott Events, LLC is owned and operated by Bryan K. Edwards.
320. The individual appointed to supervise matters at the Amphitheater is
Steve Cambareri, Esq., (hereinafter “Cambareri”), an attorney and part-time
employee of Onondaga County.
321. Cambareri was, or is, a member of the Board of Directors of the
Oncenter, the parent entity of the Amphitheater.
322. As well, upon information and belief, Cambareri is the campaign
manager for Onondaga District Attorney William Fitzpatrick.
323. Mr. Cambareri, as a member of the Board of Directors and is in a
position to influence the business practices of the On Center and the Amphitheater
including the hiring of firms for security services.
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324. Upon information and belief, Mr. Cambareri has a business relationship
with Westcott Events.
325. Mr. Edwards’ wife is known to work at Mr. Cambareri’s private law
firm.
326. Mr. Cambareri caused, was complicit in or, otherwise wrongly
acquiesced in actions causing Sgt. Murphy to be relieved, upon threat of a walkout,
at the request of Bryan Edwards and Westcott Events.
327. With several sources of employment associated with the Amphitheater,
the OnCenter, Onondaga County and others associated with these facilities, Mr.
Canbareri profits from these associations greatly.
328. In August of 2017, Murphy receives an unsolicited contact from
another woman formerly referred to as Confidential Informant 1. Her name is now
disclosed as Michele Luttern. She informs Murphy that she had sexual relations
with Captain Dickinson while she was underage.
329. Murphy knows Luttern as he gave guidance to her for over a decade on
leaving her former gang lifestyle and how to pursue a normal, productive life.
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330. Luttern has previously been utilized by Sheriff’s Criminal
Investigations Division detectives, and, upon information and belief, has been
identified and documented in Sheriff detective’s court filings as a previously
reliable confidential informant.
331. Murphy is further informed that the sexual relationship lasted for
several years.
332. Murphy was further informed that Luttern resided with Captain
Dickinson for a period of time, had met his son and that their relationship was
conducted openly and in public.
333. Murphy was further informed that the Luttern no longer desired a
relationship with Captain Dickinson, that she has completely changed her ways
and now exhibits an exemplary and respectable lifestyle in suburban Syracuse.
334. Murphy was further informed that Captain Dickinson was stalking
Luttern, showing up at her various residences when she moved from time to time
requesting to re-establish their sexual relationship.
335. Upon information and belief, Captain Dickinson utilized police assets
on police time to locate and stalk Luttern.
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336. Luttern informed Murphy that Dickinson was angry with Murphy
because Murphy had positively influenced her and caused her to assume a
respectable lifestyle as a wife (in common-law fashion), mother and responsible
member of the community.
337. Luttern informed Murphy that Dickinson blames Murphy for her
refusing to have further sex with him.
338. In spite of the rebuffs of the Luttern, Dickinson continued to show-up at
her home even after Dickinson arrested her significant other for DWI.
339. Murphy contacts an Inspector with the New York State Police Internal
Affairs Bureau, who informs Murphy that in order for the New York State Police
to investigate a police officer from another agency they have to first get approval
from the local District Attorney and the police agency head.
340. Luttern refuses to cooperate in bringing criminal charges due to family
considerations and her now respectable lifestyle.
341. In September 2017, Murphy is later informed by Lieutenant Nerber that
Lt. Anderson wanted to file a second ‘silent insolence’ charge against Sgt. Murphy
for failing to acknowledge his salutation earlier that morning.
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342. Murphy advised Nerber that he never heard Anderson speaking to him.
343. Murphy further advised Nerber that Pelsuo now works for Anderson as
a Special Patrol Deputy at the Civic Center, that he considers this continued
harassment by Peluso via Anderson, that Anderson has previously filed
unsubstantiated internal affairs charges against Murphy, and that Anderson had
received a public censure and rebuke from the police union (Onondaga County
Sheriff’s Police Association) for his unethical and improper investigations in
violation of the collective bargaining agreement when he commanded the
Professional Standards Unit (otherwise known as “Internal Affairs”).
344. In November of 2017 Caruso requests Murphy’s transfer to his former
unit under Lt. Caruso to fill a sergeant’s vacancy.
345. Captain Dickinson refused the transfer and tells Caruso that it is
because Caruso had failed on previous occasions to properly supervise Murphy.
346. In November of 2016 and 2017, Murphy formally requests the transfer
to his former watch per the Collective Bargaining Agreement and is formally
denied for the second consecutive year.
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347. On or about January 12, 2018, Murphy is told by Lt. Nerber that he was
placed under surveillance by Captain Dickinson.
348. Murphy is informed that the investigation was initiated because
Murphy allegedly didn’t sign in to his assigned vehicle and left the station in his
personal car.
349. Murphy is not informed who made the initial complaint and it is
attributed to an unnamed co-worker.
350. In fact, Murphy did sign in to his assigned vehicle, he just didn’t use
the marked patrol car unless directed to act as a police supervisor.
351. Murphy offers a written explanation to Lt. Nerber.
352. Murphy verbally informs Lt. Nerber of his rationale for using his
personal vehicle and leaving the station including, but not limited to, the fact that
he is, by order, forbidden to do police work and therefore the police vehicle as a
tool is of no practical use, it only serves to misinform the public of a police
presence and potentially places Murphy in danger as it draws public attention
although Murphy is not allowed to act in the capacity of a police officer.
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353. Murphy is then transferred to the North Station thus, adding thirty miles
to his daily commute with Murphy having to drive past the South Station. In the
parlance of local police officials, this is referred to as “road therapy”.
354. Murphy is subsequently informed by his union representative that he is
under criminal investigation and that the matter of the non-use of the marked
vehicle may be referred to the District Attorney for prosecution.
355. Paradoxically, from January 2018 through June 2018, Dickinson directs
that Murphy is not allowed to use a department vehicle and must use his own
vehicle, with his uniform covered when out of the station for meal breaks, unless
otherwise directed.
356. Formal charges related to this incident have not been forthcoming
357. On or about February 2, 2018, while working as a police supervisor,
Murphy gave a formal order to two patrol deputies as to their conduct in an
investigation. The orders from Sgt. Murphy were flagrantly disobeyed.
358. Lt. Nerber is informed of the insubordinate conduct and does not bring
departmental disciplinary charges against the deputies.
359. Murphy is out sick from February 28, 2018 until March 18, 2018 for
conditions related to stress caused by the above-described workplace issues.
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360. On March 18, 2018, upon returning to work, Murphy is ordered to
inspect all thirty of the North Station patrol cars in contradiction to established
policy.
361. The temperature on that day is 13 degrees and Murphy is dressed in a
manner appropriate to the desk job previously ordered by Dickinson. Nevertheless,
Murphy accomplishes the ordered task.
362. On or about June 11, 2018, Murphy is transferred back to Lt. Caruso’s
command.
363. Murphy requests that Lt. Caruso inquire of Capt. Dickinson if he is still
ordered not to do police work.
364. On June 13th, 2018, Sgt. Murphy reports for duty and is given two
counseling memos by Lt. Caruso at the direction of Captain Dickinson; the first
counseling memo accused Murphy of intentionally misrepresenting Dickinson’s
orders from August 29th, 2016 as to Murphy not being allowed to do police work,
and the second counseling memo detailing alleged violations of the duty manual
for not using a patrol car during work hours in January 2018.
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365. In June of 2018, Murphy receives an exemplary employee review from
Lt. Nerber.
366. Murphy lodged a complaint with Carl Hummel, requesting an
investigation and relief as to the hostile work environment issues and the
discriminatory failure to reward him with a promotion.
367. In spite of a duty to do so, Hummel made no effort to investigate or
ameliorate Sgt. Murphy’s circumstances.
368. Peluso, Blumer, Anderson, Gratien, Ciciarelli, Cassalia, Dickenson and
Conway, as members, employees, supervisors and agents of the Onondaga County
Sheriff’s Department and Onondaga County, and in their capacity as police
officers, were operating under color a State law.
369. Hummel, as a member of the Onondaga County personnel department,
was operating under color of State law.
370. In the aftermath of the filing of this lawsuit on October 11, 2018,
Defendant Michael Dickinson contacted the confidential informant Luttern,
formerly known as CI1, and threatened her with legal action.
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371. In the aftermath of the filing of this lawsuit on October 11, 2018,
Defendant Steve Cambareri was in contact with the confidential informant Luttern,
formerly known as CI1 and directed her not to cooperate with this legal
proceeding.
372. Upon information and belief, Defendant John Stephens contacted
Luttern to continue to the communication on Dickinson’s behalf.
373. Upon information and belief, both Stephens and Dickenson continue to
contact friends of Luttern to influence her in not cooperating with this lawsuit.
374. On March 18, 2018, Myron Obanner is arrested for DWI by Officers
Nourse and Constanza. (DR.: 18-204642)
375. $3400 is seized from Obanner during the course of the arrest.
376. The next day, Obanner calls the Onondaga County Sheriff’s
Department seeking the return of his money.
377. Obanner speaks to Murphy.
378. The money cannot be found and was not accounted for as would be
required under Department policy.
379. Murphy duly reports the loss of the money and the failure to follow
policy to the supervisors responsible for Nourse and Constanza.
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380. Upon information and belief, no satisfactory explanation is ever put
forth by Nourse and Constanza.
381. Upon information and belief, the money is never recovered and nothing
further is ever done to discipline the officers involved.
382. After his reporting the missing funds and after the filing of this lawsuit
on October 11, 2018, plaintiff Murphy had several improper, unsupported and
baseless referrals to the Onondaga County Sheriff’s Office Internal Affairs Office
which were ordered by Defendant Dickenson in his command capacity and
received by Defendant Blumer as Internal Affairs Commander.
383. Defendant Blumer, at the direction of Conway, Cassalia, Ciciarelli, and
Dickenson, as commander of Internal Affairs, investigates Murphy on at least four
instances, although she knew the charges were vacuous, lacked probable cause or
sufficient reason of wrongdoing to pursue an investigation.
384. Murphy is notified of Blumer’s investigations on November 9, 2018,
November 10, 2018 and February 1, 2018. Murphy is ordered to Internal Affairs
for an interview on December 30, 2019.
385. On November 9, 2018, Lt. Angelo Caruso was ordered by Dickenson to
report on the criminal charges brought by Murphy against unlicensed security
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guards employed by Westcott Events. This action was to intimidate, embarrass and
harass Murphy.
386. On November 10, 2018, Lt. Angelo Caruso was ordered by Dickenson
to inquire if Murphy was conducting other investigations contrary to Dickenson’s
Order not to do police work.
387. On November 27, 2018, Lt. Angelo Caruso was ordered to complete a
Member Misconduct Investigation on Murphy’s filing against Westcott Event
employees. Murphy was never served with the completed investigation.
388. On November 27, 2018, Lt. Angelo Caruso was ordered to complete a
second Member Misconduct Investigation on Murphy’s filing. In similar fashion,
Murphy was never served with the completed investigation.
389. Upon information and belief, Defendant Conway requests District
Attorney Fitzpatrick to institute an unwarranted criminal action against Murphy
because it is impossible to silence him using “in-house” means.
390. Similarly, upon information and belief, Defendant Cassalia requests
District Attorney Fitzpatrick to institute an unwarranted criminal action against
Murphy because it is impossible to silence him using “in-house” means.
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391. On February 6, 2019, Plaintiff Murphy was sent a “Grand Jury Target”
letter by defendant Lindsey M. Luczka. Upon information and belief, this action is
at the direction of defendant William J. Fitzpatrick and assistance of Melanie S.
Carden. Exhibit B.
392. Defendants Melanie S. Carden, Lindsey M. Luczka and Fitzpatrick
knew, or should have known, that no probable cause existed to charge Murphy
with any crime. In fact, he was being investigated for filing the criminal complaints
that lead to the arrest of those unlicensed security guards that assaulted Mrs.
Murphy.
393. Upon information and belief, the investigation and subsequent letter
were wrongly instigated by William Fitzpatrick.
394. William Fitzpatrick was informed and knew that the investigation
lacked probable cause or legitimate purpose.
395. Murphy’s union representative informed Murphy that it was their
intention not to represent him in defending against these criminal charges,
frivolous or not.
396. Upon information and belief, this was one of the intentions of the
defendants in resorting to false criminal proceedings.
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397. On April 19, 2019, plaintiff Murphy filed a new Notice of Claim
informing the defendants of additional causes of action.
398. On April 24, 2019, plaintiff Murphy was transferred without legitimate
reason to such a position that would cause him to lose secondary employment
opportunities and an immediate loss of income.
399. On April 29, 2019, Defendant Melanie Carden made a telephone call to
Murphy’s wife, Deputy Amy J. Murphy, to discuss the investigation of Sgt.
Murphy, Murphy’s possible arrest and to request her presence in the District
Attorney’s Office for an interview.
400. Deputy Amy J. Murphy was threatened by this conversation and
recognized it as an attempt to intimidate her. As such, she did not comply with the
request.
401. In November of 2019, Conway initiated yet another unwarranted
internal affairs investigation against Murphy.
402. Murphy’s immediate supervisor had previously investigated these issies
and recognized that Murphy was being penalized “for doing his job” and that the
investigation consisted of false accusations.
403. Once again, Murphy is transferred as a means of harassment.
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404. After being unduly harassed for years, Murphy retires prematurely from
the Onondaga County Sheriff’s Dept.
405. Murphy takes a retirement job as Captain, Campus Safety Peace Officer
at Onondaga Community College (hereinafter “OCC”).
406. On June 8, 2020, OCC management receives an anonymous letter about
this lawsuit.
407. In spite of having received positive performance reviews from his
immediate supervisors, Murphy is terminated for having sued the defendants
herein.
408. In the aftermath of the above mentioned incidents, and in spite of his
exemplary career, for bringing illegal and improper acts on the part of the
defendants to light Murphy has been forbidden to do police work, relieved of his
command and duties, forbidden to give orders, required to sit at a desk during his
entire shift doing nothing whatsoever, forbidden to use a patrol car, been required
to hide his uniform while in public, been subject to threatening and abusive
behavior by other police officers, been deprived of police assistance and actually
castigated for his efforts when his fellow police officer and wife was menaced and
assaulted in a public place, has had his opportunities for overtime pay drastically
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reduced, has been ordered to undertake menial tasks under circumstances that were
deliberately chosen to cause him physical discomfort and agitation, has been
deliberately and repeatedly passed over for promotion to lieutenant in favor of
individuals with lesser qualifications, has been threatened by repeated unwarranted
police and grand jury investigations, has been arbitrarily transferred and otherwise
moved about in his job assignments such as to intimidate him and deprive him of
income, has been subjected to public ridicule and embarrassment and the
intentional infliction of emotional stress such as to cause him mental and physical
harm.
409. In contrast, unabated and continuing, those individual deputies,
supervisors and civilians who have engaged in improper and illegal conduct have
neither been disciplined, retrained or properly supervised such as to avoid a
reoccurrence of improper police work, resulting in numerous other arrests of local
citizens lacking in probable cause, inappropriate application of the law and the loss
of citizens rights and property and, most importantly, jeopardizing the public
safety. Incredibly, rather than remedy the improper police work and shoddy
supervision identified by Sgt. Murphy, defendant’s have resorted to a form which,
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once signed by the unknowing civilian under arrest, is intended to absolve them of
liability for their improper and illegal conduct.
410. Moreover, William Fitzpatrick, Melanie S. Carden, Lindsey M. Luczka
and others yet to be named in the Onondaga County District Attorney’s Office
have improperly and illegally sought to intimidate Sgt Murphy through the abuse
of the Grand Jury process, their position as public servants and attorneys at law,
the sworn duties of their office, the laws of the United Stated of America, the
United States Constitution and the State of New York.
PREDICATE ACTS
411. Defendants have each committed at least two predicate acts of
racketeering in furtherance of the RICO conspiracy as detailed above. These
include, but are not limited to, the following.
412. Conway, by meeting with Fitzpatrick and Cassalia in an effort to
wrongly indict Murphy, violated inter alia 18 U.S.C. § 1503 Influencing or
injuring officer or juror generally, 18 USC §1512, 18 USC §1503 and conspiracy
to commit same.
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413. By causing the Grand Jury Target Letter to be issued, Conway,
Fitzpatrick, Cassalia, Luczka and Carden violated mail fraud and conspiracy to
commit same. 18 USC §§1341, 1349; and Obstruction of Justice, 18 USC §1503
414. By causing the Amy Murphy to be threatened and intimidated by
phone, Conway, Fitzpatrick, Luczka, Carden and Cassalia violated 18 U.S. Code §
1343 - Fraud by wire, radio, or television and Retaliation, 18 USC §1513 and
Conspiracy to commit same. 18 U..S.C. §1349.
415. By gifting a Harley-Davidson motorcycle to a union official Conway,
Gratien, Cassalia, Botsford and Dickinson commit a violation of both PL §180.15
Bribing a Labor Official and PL §105.05 Conspiracy 5th Degree, PL. §200.11
Bribery 2nd Degree, PL 105.05 Conspiracy 5th Degree, robbery.
416. All of the above enumerated acts by Conway, Cassalia, Ciciarelli,
Dickinson, Gratien, Blumer, Anderson, Peluso, Gratien, Hummel, Fitzpatrick,
Cambareri, Carden, Luczka and Edwards constitute violations of 18 USC §1503
Obstruction of Justice and Retaliating Against a Witness, 18 USC §1513.
417. Efforts by Conway, Cassalia, Ciciarelli, Dickinson, Blumer, Anderson,
Peluso, Gratien, Hummel, Fitzpatrick, Cambareri, Carden, Luczka and Edwards to
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dissuade Murphy and otherwise cause him not participate in this litigation
constitute violations of 18 U.S.C. §1512 Tampering With a Witness.
418. Efforts by Conway, Cassalia, Ciciarelli, Dickinson, Blumer, Anderson,
Peluso, Gratien, Fitzpatrick, Cambareri, Carden, Luczka and Edwards to influence
and deter the testimony of CI1 constitute violations of 18 U.S.C. §1512 Tampering
With a Witness,18 USC §1503 Obstructing Justice, 18 USC §1513. Retaliating
against a witness, victim, or an informant.
419. Numerous acts enumerated by Anderson and Blumer in wrongly filing,
investigating and issuing multiple complaints on Murphy for unfounded Internal
Affairs investigations each constitute a violation of 18 USC §1512, 18 USC §1503
and 18 USC §1512.
420. Acts by Peluso in wrongly filing multiple complaints on Murphy timed
to prohibit him from being promoted for unfounded Internal Affairs investigations
constitute multiple violation of 18 U.S. Code § 1513 - Retaliating against a
witness, victim, or an informant, Obstruction of Justice, 18 USC 1503 and 18 USC
§1512.
421. Murphy being targeted by Anderson, Gratien and Botsford in a
retaliatory internal investigation, with threats of termination and criminal
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prosecution constitutes a violation of 18 USC §1512, 18 USC §1503, 18 USC
§1513.
422. Multiple groundless Internal Affairs investigations by Blumer intended
to deter Murphy or cause him to retire constitute a violation of 18 USC §1512 18
USC §1503, 18 USC §1513.
423. A phone call, including the actions that followed, in which Blumer,
Gratien and Peluso conspires to fraudulently blame Murphy for a serious due
process violation is a violation of 18 USC §1349.
424. Peluso’s attempt to hide the Lucinda Jones case and blame his lack of
police work on Murphy in conjunction with Dickinson and Blumer constitutes a
violation of obstructing justice on all three involved. 18 USC §1503.
425. Hummel, on multiple occasions, refused to exercise his authority and
duty to investigate Murphy’s hostile work environment claim thus, aiding his co-
defendants in further pressuring Murphy to be silenced or retire. 18 USC §1503, 18
USC §1512 (multiple counts)
426. Edwards and Westcott Events, working with Cambarreri, covered up
their illegal mistreatment of Amy Murphy, their lack of licenses, their breach of
contract with Onondaga County and were successful in causing Murphy, the
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supervisory Sheriff’s Deputy at the Amphitheater, to be transferred by the Sheriff’s
Department. 18 USC §1503, 18 USC §1512 (multiple counts).
427. Cambarreri, who has personally and professionally donated tens of
thousands of dollars to Fitzpatrick, is an appointed County Employee and a
member of management at the Amphitheater. Through his association in this
enterprise he prevents investigation into Murphy’s transfer and the failure by the
District Attorney’s Office and the Sheriff’s Department to bring a criminal
complaint. §18 USC §1512.
FIRST CAUSE OF ACTION

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT
18 U.S.C. §1964
EUGENE CONWAY, JOSEPH CICIARELLI, MICHAEL DICKINSON,
JAMMIE BLUMER, JONATHAN ANDERSON, JOSEPH PELUSO, ROY
GRATIEN, JASON CASSALIA, CARL HUMMEL, WILLIAM
FITZPATRICK, MELANIE S. CARDEN and LINDSEY M. LUCZKA all
individually as well as in their capacities as employees of Onondaga County
and the Onondaga County Sheriff’s Department; BRYAN K. EDWARDS,
both individually and in his capacity as an agent of Onondaga County.
428. Plaintiff realleges and restates paragraphs 1 through 248 as if more
fully set forth herein.
429. At all relevant times, defendants Eugene Conway, Joseph Ciciarelli,
Michael Dickinson, Jammie Blumer, Jonathan Anderson, Joseph Peluso, Roy

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Gratien, Jason Cassalia, Carl Hummel, Stefano Cambareri, William Fitzpatrick,
Melanie S. Carden, Lindsey M. Luczka and Bryan K. Edwards constituted an
“enterprise” within the of 18 U.S.C. §§1961(4) and 1962(c) in that they are “an
association” and/or a “group of individuals associated in fact”.
430. Defendants Eugene Conway, Joseph Ciciarelli, Michael Dickinson,
Jammie Blumer, Jonathan Anderson, Joseph Peluso, Roy Gratien, Jason Cassalia,
Carl Hummel, Stefano Cambareri, William Fitzpatrick, Melanie S. Carden,
Lindsey M. Luczka and Bryan K. Edwards are “persons” within the meaning of 18
U.S.C. §§1961(4) and 1962(c) in that they are individuals or entities capable of
holding a legal or beneficial interest in property.
Jammie Blumer, Jonathan Anderson, Joseph Peluso, Roy Gratien, Jason Cassalia,
Carl Hummel, Stefano Cambareri, William Fitzpatrick, Melanie S. Carden,
Lindsey M. Luczka and Bryan K. Edwards have acquired and maintain interest and
control of the enterprise via racketeering activity. That is, they have maintained
their control through illegal threats, frivolous investigations, arrests and
intimidation of the citizens of Onondaga County, Sgt. Murphy and his family
included, so as to protect their positions and accrue income. To accomplish this,
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they have harmed numerous citizens by violating their civil rights and injured Sgt.
Murphy by loss of income, loss of additional employment (moonlighting), loss of
overtime pay, loss of a promotion, onerous legal expenses, infringement upon his
constitutional rights, professional embarrassment and harassment. Defendant’s
actions are the direct and proximate cause of Sgt. Murphy’s business and property
losses.
432. Between 2011 and the present day, Defendants Eugene Conway,
Joseph Ciciarelli, Michael Dickinson, Jammie Blumer, Jonathan Anderson, Joseph
Peluso, Roy Gratien, Jason Cassalia, Carl Hummel, Stefano Cambareri, William
Fitzpatrick, Melanie S. Carden, Lindsey M. Luczka and Bryan K. Edwards
(hereinafter “the enterprise”) sought to extort Sgt. Murphy via conduct involving
intimidation, threats, fraud, wrongful and illegal acts, illegal use of the position of
District Attorney and illegal use of the grand jury process for his actions in
reporting the wrongdoings of the enterprise and the illegal activities born by the
many citizens abused by illegal law enforcement methods as enumerated above
and, in doing so, jeopardizing their political positions, jobs, election prospects,
promotion prospects and income.
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433. Defendant’s acts demonstrate a pattern of racketeering activity almost
to the point of being redundant. Their repeated actions have the same or similar
purposes, results, participants, victims, or methods of commission, or otherwise are
interrelated by distinguishing characteristics and are not isolated events. In fact,
they are the standard way in which the defendant’s do business.
434. Specifically, their repeated acts occur whenever Murphy uncovers or
exposes an illegal act, one of political embarrassment or an act of professional
wrongdoing. Immediately thereafter, Murphy will either have the exposed
wrongdoing attributed to him or he will be frivolously accused of some other
perfectly benign act in an effort to silence him. As Murphy is sworn to uphold
State and Federal law, he is put in the impossible position of either reporting the
act as duty requires or ignoring it to avoid the intimidating efforts of the enterprise.
435. The pattern of racketeering activity includes actions for obstruction of
justice, 18 U.S.C. §1503; Mail Fraud, 18 U.S.C. §1341; Wire Fraud, 18 U.S.C.
§1343; Tampering with a Witness, 18 U.S.C. §1512; Interference with Commerce
by Threats or Violence, 18 U.S.C. §1951 otherwise known as the Hobbs Act.
436. Said pattern of racketeering activity poses an “open ended” threat to a
large number of individuals as said actions, attempts to cover-up corruption, illegal
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arrests and misconduct pose a threat to the entire community, have been occurring
for many years and show no signs of abating.
437. The acts of the enterprise were seen to continue even as this case
progressed.
438. In his capacity as a B watch supervisor, Murphy witnessed arrests
without probable cause of innocent central New York citizens for years.
439. The conduct was directed and controlled by each of the defendants
named, each voluntarily and willing participating and each having managerial
control over the enterprise.
440. The pattern of activity has existed for several decades however, the
pattern of activity experienced by Murphy extends for a ten-year period.
441. Overt acts attributed to the enterprise include all of those acts
enumerated in paragraphs 26 to 440 above.
SECOND CAUSE OF ACTION

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT
CONSPIRACY TO VIOLATE 18 U.S.C. §1964
EUGENE CONWAY, JOSEPH CICIARELLI, MICHAEL DICKINSON,
JAMMIE BLUMER, JONATHAN ANDERSON, JOSEPH PELUSO, ROY
GRATIEN, JASON CASSALIA, CARL HUMMEL, WILLIAM
FITZPATRICK, MELANIE S. CARDEN and LINDSEY M. LUCZKA all
individually as well as in their capacities as employees of Onondaga County
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and the Onondaga County Sheriff’s Department; BRYAN K. EDWARDS,

both individually and in his capacity as an agent of Onondaga County.
442. Plaintiffs hereby incorporate by reference each of the allegations set
forth in the preceding paragraphs as if fully set forth herein.
443. The defendants herein willingly and actively joined the conspiracy.
444. Each defendant enumerated agreed to participate in these and other
predicate acts.
445. Each defendant enumerated knew or should have know that their
actions in participating in the predicate acts was illegal and done with the purpose
of forwarding the interests of the enterprise.
446. Defendant’s acts continue to this day and in spite of the fact that Sgt.
Murphy initiated a suit.
447. The conspiracy to commit the pattern of racketeering activity includes
actions for obstruction of justice, 18 U.S.C. §1503; Mail Fraud, 18 U.S.C. §1341;
Wire Fraud, 18 U.S.C. §1343; Tampering with a Witness, 18 U.S.C. §1512;
Interference with Commerce by Threats or Violence, 18 U.S.C. §1951 otherwise
known as the Hobbs Act.
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THIRD CAUSE OF ACTION

RETALIATION IN VIOLATION OF THE FIRST AMENDMENT OF THE
UNITED STATES CONSTITUTION AGAINST DEFENDANTS
ONONDAGA COUNTY, THE ONONDAGA COUNTY SHERIFF’S
DEPARTMENT, EUGENE CONWAY, JOSEPH CICIARELLI, MICHAEL
DICKINSON, JAMMIE BLUMER, JONATHAN ANDERSON, JOSEPH
PELUSO, ROY GRATIEN, JASON CASSALIA, CARL HUMMEL,
WILLIAM FITZPATRICK, MELANIE S. CARDEN and LINDSEY M.
LUCZKA all individually as well as in their capacities as employees of
Onondaga County and the Onondaga County Sheriff’s Department.
(42 U.S.C. §1983)
forth in the preceding paragraphs as if fully set forth herein.
449. To protect the safety of our citizenry and to instill confidence in the
police and the judicial system, police officers must be required to know and obey
the law.
450. Poorly trained police officers, inevitably and repeatedly break laws in
attempting to do their jobs.
451. Moreover, the constitutional rights and the safety of citizens are
endangered by police officers that are poorly supervised and poorly trained.
452. Concerned about inadequate training, inadequate supervision and
compromised leadership, Sgt. Murphy complained about improper arrests and
wrongful police conduct that came to his attention.
86
453. Murphy’s complaints were, and are, an exercise of his First
Amendment right to free speech on a matter of grave public concern.
454. Murphy’s complaints as to inadequate training, supervision and
discipline of police officers is a matter of grave public concern.
455. Murphy’s reports on the failure of Sheriff’s Deputies to investigate and
to make necessary reports is an exercise of his right to free speech in a matter of
grave public concern.
456. Murphy’s reports on the engagement of police officers in racially
motivated conduct is an exercise of his right to free speech in a matter of grave
public concern.
457. Murphy’s reports on the improper conduct of police officers engaging
in sexual acts with minors and/or confidential informants is an exercise of free
speech on a matter of grave public concern.
458. Murphy’s reports on improper police conduct in the improper search
and seizure of blood without a judicial warrant is an exercise of free speech on a
matter of grave public concern.
459. Murphy’s reports on the illegal and unconstitutional use of an
inadequate holding cell is a matter of grave public concern.
87
460. In retaliation, defendants isolated, shunned, defamed, and retaliated
against the Plaintiff because he exercised his First Amendment Right to Freedom
of Speech on matters of grave public concern.
461. In retaliation, defendants further punished Sgt. Murphy in an attempt to
cause him to resign by transferring him to a duty station that was at an extended
distance from his home, ordered him not to engage in police work and professional
activity and deprived him of any supervisory duties.
462. In retaliation, defendants further ignored the above described criminal
assault involving Sgt. Murphy’s wife, refused to investigate the incident involving
her and removed him from his duties for his attempts to make a report.
463. In retaliation, defendants, on several occasions, caused Sgt. Murphy to
be deprived of a promotion in favor of lesser qualified individuals.
464. In retaliation, defendants caused Sgt. Murphy’s time as an instructor at
the Police Academy to be drastically reduced.
465. In retaliation, defendant’s caused Sgt. Murphy’s overtime hours to be
reduced such as to grossly limit his income.
88
466. In retaliation, defendants caused Sgt. Murphy to hide his uniform from
public view while traveling to and from work and during the workday while in
public.
467. In retaliation, Defendants ordered Sgt. Murphy to not do police work
and to sit idly at a desk, in plain sight, with nothing to do.
468. All of the actions taken by the Defendants referred to herein were
taken while acting under the color of law and had the effect of depriving Plaintiffs
of rights secured by the First Amendment to the United States Constitution.
469. Defendants’ adverse actions were motivated in response to the exercise
of Plaintiffs’ constitutional rights.
470. Defendants’ adverse actions caused the Plaintiff to suffer damages and
injuries, including but not limited to lost opportunities, pain and suffering,
emotional distress, anxiety and loss of pay and benefits.
471. The acts of Defendants have permanently harmed the professional and
personal reputation of the Plaintiff.
472. The acts of Defendants were done especially maliciously and/or
recklessly, entitling Plaintiffs to recover punitive and compensatory damages.
89
FOURTH CAUSE OF ACTION

RETALIATION IN VIOLATION OF THE FIRST AMENDMENT
OF THE UNITED STATES CONSTITUTION AGAINST DEFENDANTS
ONONDAGA COUNTY, THE ONONDAGA COUNTY SHERIFF’S
DEPARTMENT, EUGENE CONWAY, JOSEPH CICIARELLI, MICHAEL
DICKINSON, JAMMIE BLUMER, JONATHAN ANDERSON, JOSEPH
PELUSO, ROY GRATIEN, JASON CASSALIA, CARL HUMMEL,
WILLIAM FITZPATRICK, MELANIE S. CARDEN and LINDSEY M.
(42 U.S.C. §1983)
forth in the preceding paragraphs as if re-alleged fully herein.
474. Defendants instituted a criminal investigation against the Plaintiff
because he exercised his First Amendment Right to Freedom of Speech on matters
of grave public concern.
475. Defendants isolated, shunned, defamed, and retaliated against the
Plaintiff because he exercised his First Amendment Right to Freedom of Speech on
matters of grave public concern.
476. Defendants caused the Plaintiff to lose a promotion because he
exercised his First Amendment Right to Freedom of Speech on matters of grave
public concern.
90
477. Thereafter, defendant’s threatened the Plaintiff with Grand Jury Action
in a subsequent investigation.
478. Defendant sought to justify this investigation and threat to indict the
Plaintiff by his wholly legitimate actions in filing a complaint and conducting an
investigation against defendants Bryan Edwards, Westcott Events and their
employees who had struck his wife.
479. All of the actions taken by the Defendants referred to herein while
acting under the color of law and had the effect of depriving Plaintiffs of rights
secured by the First and Fourteenth Amendments to the United States Constitution.
Jammie Blumer, Jonathan Anderson, Joseph Peluso, Roy Gratien, Jason Cassalia
and Carl Hummel knew or should have known of the illegal and improper
treatment of the Plaintiff.
481. Defendants William Fitzpatrick, Mellanie S. Carden and Lindsey M.
Luczka knew or should have known of the illegal and improper treatment of the
plaintiff.
482. In his position as Sheriff, Defendant Conway was obligated to address,
91
stop, and prevent the illegal treatment of the Plaintiff and was deliberately
indifferent to the illegal acts presented to him.
483. Defendant Conway failed and/or deliberately refused to address, stop,
and prevent the illegal treatment of the plaintiff and the illegal acts of his
department.
484. Defendant Joseph Ciciarelli knew or should have known of the illegal
and improper treatment of the plaintiff.
485. Defendant Ciciarelli knew or should have known that the
aforementioned investigation and actions were pursued with illegal and retaliatory
motives.
486. Defendant Ciciarelli in overseeing the investigation was obligated to
address, stop, and prevent the illegal and retaliatory actions taken against the
Plaintiff and he was deliberately indifferent to the illegal acts presented to him.
487. Defendant Ciciarelli failed and/or deliberately refused to address, stop,
and prevent the illegal and retaliatory actions taken against the Plaintiff.
488. Defendant Michael Dickinson knew or should have known of the
illegal and improper treatment of the plaintiff and he was deliberately indifferent to
the illegal acts presented to him.
92
489. Defendant Dickinson knew or should have known that the
aforementioned Investigations and actions were pursued with illegal and retaliatory
motives.
490. Defendant Dickinson in overseeing the investigation was obligated to
address, stop, and prevent the illegal and retaliatory actions taken against the
Plaintiff.
491. Defendant Dickinson failed and/or deliberately refused to address, stop,
and prevent the illegal and retaliatory actions taken against the Plaintiff.
acting under the color of state law and had the effect of depriving the Plaintiff of
rights secured by the First Amendment to the United States Constitution.
493. Defendants’ adverse actions were motivated in response to the exercise
of Plaintiffs’ constitutional rights.
injuries, including but not limited to lost opportunities, pain and suffering,
emotional distress, anxiety and loss of pay and benefits.
495. The foregoing damages and injuries were calculated to chill a person of
ordinary firmness from continuing to exercise his/her right to free speech.
93
496. The acts of Defendants have permanently harmed the professional
reputation of the Plaintiff.
recklessly, entitling the Plaintiff to recover punitive and compensatory damages.
FIFTH CAUSE OF ACTION

CONSPIRACY TO RETALIATE IN VIOLATION OF THE FIRST
AMENDMENT OF THE UNITED STATES CONSTITUTION AGAINST
DEFENDANTS ONONDAGA COUNTY, THE ONONDAGA COUNTY
SHERIFF’S DEPARTMENT, EUGENE CONWAY, JOSEPH CICIARELLI,
MICHAEL DICKINSON, JAMMIE BLUMER, JONATHAN ANDERSON,
JOSEPH PELUSO, ROY GRATIEN, JASON CASSALIA and CARL
HUMMEL, WILLIAM FITZPATRICK, MELANIE S. CARDEN and
LINDSEY M. LUCZKA all individually as well as in their capacities as
employees of Onondaga County and the Onondaga County Sheriff’s
Department.
(42 U.S.C. §1985)
499. Defendants wrongly and incorrectly defamed, slandered and libeled
Sgt. Murphy in an effort to silence him by stating, amongst other things, that he
interfered with the investigations of others, that he did not know how to conduct
investigations; that he did not know how to procure, and had improperly procured,
94
a judicial warrant; that he was “silently insolent”, that he had created a hostile
work environment, that he took the investigative lead in the Budlong investigation;
that he didn’t sign in to his personal patrol vehicle and that he misrepresented
Dickenson’s orders not to do police work.
500. Thereafter, and based upon this tortious conduct, defendants further
retaliated and attempted to silence Sgt. Murphy by causing him to be passed over
for promotion, causing him to be transferred, causing him to be isolated, shunned,
embarrassed, defamed and caused damage to his personal and professional
reputation all because he exercised his First Amendment Right to Freedom of
Speech on matters of grave public concern.
501. All of defendant’s acts of defamation, slander and libel were based
upon statements that were untrue and known to be untrue.
acting under the color of law as police officers and public officials and were
published with the purpose of depriving the Plaintiff of rights secured by the First
Amendment to the United States Constitution.
503. To accomplish these ends, Defendants Eugene Conway, Joseph
Ciciarelli, Michael Dickinson, Jammie Blumer, Jonathan Anderson, Joseph Peluso,
95
Roy Gratien, Jason Cassalia, Carl Hummel, William Fitzpatrick, Mellanie Carden
and Lindsey Luczka entered into a corrupt agreement to injure Sgt. Murphy,
deprive him of his Constitutional rights, his promotion, his status in the
professional community and his good name.
504. The preceding paragraphs contain numerous exemplars of overt acts
done in furtherance of the corrupt agreement. As well, however, attention is
specifically drawn to the following overt acts:
1) Gratien, Blumer and Peluso engaged in an afterhours discussion
pertaining to the illegal seizure of blood in the aforementioned accident
investigation. See paragraphs 71 -75. This collusion resulted in the falsified
police report and an attempt to place the blame on Murphy as depicted
in more detail above.
2) Anderson, following Peluso’s lead, initiated a similar, if not identical,
hostile work environment complaint for “silent insolence”.
3) Dickenson’s Order that Murphy not do police work was followed by
every defendant without question or appropriate investigation. Hummel did
not investigate as well even though he is outside the Sheriff’s chain of
command and tasked with addressing human resource issues.
96
4) Fitzpatrick, Carden and Luczka wrote Sgt. Murphy and, in a separate
effort, called his wife to threaten him with arrest and indictment.
505. Defendants’ adverse and wrongful actions and their corrupt agreement
were motivated in response to Murphy’s exercise of his constitutional rights.
injuries, including but not limited to lost employment and professional
opportunities, loss of income, pain and suffering, emotional distress, anxiety and
loss of pay and benefits.
reputation of the Plaintiff as well as his personal reputation in the community.
SIXTH CAUSE OF ACTION

RETALIATION IN VIOLATION OF THE ARTICLE 1, SECTION 8
OF THE CONSTITUTION OF THE STATE OF NEW YORK AGAINST
JOSEPH PELUSO, ROY GRATIEN, JASON CASSALIA, CARL HUMMEL,
WILLIAM FITZATRICK, MELLANIE S. CARDEN and LINDSEY
97
510. Article 1, Section 8 of the New York State Constitution declares
unequivocally that “[e]very citizen may freely speak, write and publish his or her
sentiments on all subjects”.
511. Murphy spoke to his supervisors repeatedly of the shortcomings in
training, supervision, policy and conduct of patrol units operating throughout the
Onondaga County area.
512. Murphy unequivocally made it known that defendants Onondaga
County and the Onondaga County Sheriff’s Department had instituted training
programs and methods of supervision that were inadequate and led to numerous
false arrests of citizens during A watch.
513. Murphy told his supervisors of arrests made without probable cause,
illegal search and seizure, falsified and improper record keeping, racially
motivated conduct, lack of training, lack of supervision and lack of required
counseling/ re-training to cure the many shortcomings.
98
514. Concerned about inadequate training, inadequate supervision and
compromised leadership, Sgt. Murphy complained about improper arrests and
wrongful police conduct that came to his attention.
515. Murphy’s complaints were, and are, an exercise of his Article One,
Section 8 right to free speech on a matter of grave public concern.
516. Murphy’s complaints as to inadequate training, supervision and
discipline of police officers is a matter of grave public concern.
517. Murphy’s reports on the failure of Sheriff’s Deputies to investigate and
to make necessary reports is an exercise of his right to free speech in a matter of
grave public concern.
518. Murphy’s reports on the engagement of police officers in racially
motivated conduct is an exercise of his right to free speech in a matter of grave
public concern.
519. Murphy’s reports on the improper conduct of police officers engaging
in sexual acts with minors and/or confidential informants is an exercise of free
speech on a matter of grave public concern.
99
520. Murphy’s reports on improper police conduct in the improper search
and seizure of blood without a judicial warrant is an exercise of free speech on a
matter of grave public concern.
521. Murphy’s reports on the illegal and unconstitutional use of an
inadequate holding cell is a matter of grave public concern.
522. All of the unprofessional behavior identified by Sgt. Murphy
constituted matters of grave public concerned as innocent people were arrested and
detained, illegal and wrongful conduct was uninvestigated and ignored and the
level of training and supervision continued to deteriorate.
523. In retaliation, Sgt. Murphy was ordered not to do police work, was
relieved of his command, was not permitted to utilize a patrol car or appear in
public while in uniform, was deprived of a well-earned promotion, was transferred
to inconvenient locations, was not permitted to supervise patrol officers, was
forced to sit idly at a desk with no work and in plain sight of his fellow officers,
was deprived of opportunities to earn overtime compensation, his wife was
deprived a adequate and appropriate police protection, he was relieved of almost
all of his teaching and instructional responsibilities, he was humiliated, insulted
and threatened.
100
524. In further retaliation, Murphy’s requests for an investigation into the
retaliation he was experiencing, the hostile work environment he was forced to
endure, his loss of overtime, transfers to inconvenient locations, the failure to
investigate the circumstances surrounding the assault upon his wife and the other
circumstances delineated above were refused or ignored.
525. Defendants’ adverse and wrongful actions were motivated in response
to Murphy’s exercise of his rights under Article One, Section 8 of the Constitution
of the State of New York.
injuries, including but not limited to lost employment and professional
opportunities, loss of income, pain and suffering, emotional distress, anxiety and
loss of pay and benefits.
reputation of the Plaintiff as well as his personal reputation in the community.
SEVENTH CAUSE OF ACTION
101
VIOLATION OF RIGHTS SECURED BY THE EQUAL PROTECTION

CLAUSE OF THE FOURTEENTH AMENDMENT AGAINST
WILLIAM FITZPATRICK, MELLANIE S. CARDEN and LINDSEY
(42 U.S.C. §1983)
530. Plaintiff is entitled to the equal protection of the laws pursuant to the
Fourteenth Amendment of the United States Constitution.
531. By engaging in the foregoing conduct, Defendant have violated rights
guaranteed to the Plaintiffs under the Equal Protection Clause of the Fourteenth
Amendment to the United States Constitution in that the Plaintiff was deprived of
police protection because of the malicious, self-serving, defamatory acts,
omissions and statements of the defendants.
532. Murphy was deprived of the internal affairs investigation, personnel
investigations and competent criminal investigation necessary to bring forth factual
102
determinations, appropriate charges and allegations in criminal court as well as to
guarantee his personal safety and the safety of his family.
533. All of the actions taken by Defendants were done while acting under
color of state law and had the effect of depriving Sgt. Murphy of his rights to equal
protection under the laws as secured by the Constitution and the laws of the United
States and specifically the Fourteenth Amendment.
534. The actions of the Defendants have resulted in emotional injury to the
Plaintiffs and constitute malicious and/or reckless behavior, entitling Plaintiff to
recover punitive and compensatory damages.
EIGHTH CAUSE OF ACTION

DEFAMATION, DEFAMATION PER SE, SLANDER, LIBEL AGAINST
WILLIAM FITZPATRICK, MELLANIE S. CARDEN, LINDSEY LUCZKA
and BRYAN EDWARDS all individually as well as in their capacities as
Department.
103
536. On several occasions after the issue arose of possible illegal acts and
violations related to various Sheriff’s Deputies under their command, defendants
maliciously and willfully defamed the Plaintiffs by making statements which they
knew to be false and fraudulent.
537. Said statements were published to third parties both verbally and in
writing on numerous occasions and, for purposes of this cause of action, were
known to have been made between Conway, Cassalia and Fitzpatrick when they
conspired to indict him for no reason whatsoever. This last occurred between
October 11, 2018 and February 8, 2019 when defendant’s stated that Murphy was
guilty of “official misconduct”, a statement that defendants knew was not true.
538. Said statements were made without the knowledge or consent of
Murphy.
539. Said statements were made both intentionally, with the specific intent to
injure Murphy, and negligently.
540. Said statements were meant to maliciously degrade, humiliate and harm
Murphy, to cause him to retire prematurely and to hurt his reputation in the law
enforcement community.
541. Said statements were made with malicious disregard for the truth.
104
542. Exemplars of Defendant’s false statements include, but are not limited
to, the following:
1) That Sgt. Murphy interferes in the investigations of others;
2) That Sgt. Murphy was to blame for the illegal seizure of the blood sample
from a local area hospital;
3) That Sgt. Murphy worked poorly with his subordinates and was a poor
supervisor;
4) That Sgt. Murphy had engaged in “silent insolence” in the context of a
hostile work environment complaint when Sgt. Murphy was merely trying to
avoid a confrontation with aggressive and belligerent officers.
543. As a direct and proximate result of defendant’s false statements and/or
defendant’s reckless disregard for the truth, plaintiff has suffered personal
humiliation, mental anguish and damage to his reputation and standing in the
community.
544. As a result of Defendant’s knowingly false statements, plaintiff’s
professional career, and thus his livelihood, has been irreparably damaged.
545. Murphy’s reputation was permanently harmed both in the law
enforcement community and elsewhere, he has been deprived of promotions,
105
overtime and other monetary benefits and his future prospects for employment
have been severely harmed.
546. Defendant’s false statements herein were made maliciously and/or
recklessly, entitling Plaintiffs to recover compensatory and punitive damages from
the Defendants.
NINTH CAUSE OF ACTION

CONSPIRACTY TO DEFAME, DEFAMATION PER SE,
SLANDER, LIBEL AGAINST DEFENDANTS ONONDAGA COUNTY,
THE ONONDAGA COUNTY SHERIFF’S DEPARTMENT, EUGENE
CONWAY, JOSEPH CICIARELLI, MICHAEL DICKINSON, JAMMIE
BLUMER, JONATHAN ANDERSON, JOSEPH PELUSO, ROY GRATIEN,
JASON CASSALIA, CARL HUMMEL, WILLIAM FITZPATRICK,
MELLANIE S. CARDEN, LINDSEY LUCZKA, BRYAN ESWARDS and
WESTCOTT EVENTS all individually as well as in their capacities as
Department.
548. Defendants agreed between themselves that, in order to retaliate against
Murphy, they would propagate various falsehoods as to his incompetence and
unprofessional conduct.
106
549. On several occasions after the issue arose of possible illegal acts and
violations related to various Sheriff’s Deputies under their command, defendants
maliciously and willfully defamed the Plaintiffs by making statements which they
knew to be false.
550. Said statements were, by agreement, published to third parties both
verbally and in writing.
551. Said statements were made both intentionally, with the specific intent to
injure Murphy, and negligently.
552. Said statements were meant to maliciously degrade, humiliate and harm
Murphy, to cause him to retire prematurely, to hurt his reputation in the law
enforcement community and to cover-up the illegal and improper activities that
Murphy had brought to light.
553. Said statements were made with malicious disregard for the truth.
554. Said statements were made without Sgt. Murphy’s knowledge or
consent.
555. As a direct and proximate result of defendant’s false statements and/or
107
defendant’s reckless disregard for the truth, plaintiffs has suffered personal
humiliation, mental anguish and damage to his reputation and standing in the
community.
556. As a result of Defendant’s knowingly false statements, plaintiff’s
professional career, and thus his livelihood, has been irreparably damaged.
557. Sgt. Murphy’s reputation was permanently harmed both in the law
Defendants Onondaga County and the Onondaga County Sheriff’s Department.
559. In particular, and as an example of an overt act, defendants spread
rumors indicating that Sgt. Murphy routinely interfered with the investigations of
other officers.
560. As a further example of an overt act, defendants spread rumors
indicating that Sgt. Murphy did not supervise his subordinate officers well.
108
561. As a further example of an overt act, defendants spread rumors
indicating that Sgt. Murphy himself caused the illegal seizure of a defendant’s
blood as more specifically depicted above.
562. As a further example of an overt act, defendants officially complained
of “silent insolence” in the context of a hostile work environment complaint when
Murphy was merely trying to avoid a confrontation with aggressive and belligerent
officers.
563. As a further example of an overt act, defendants caused a criminal
investigation of Murphy.
564. As a direct and proximate result of defendant’s agreement to make false
statements and/or defendant’s agreement to recklessly disregard the truth, plaintiff
has suffered personal humiliation, mental anguish and damage to his reputation
and standing in the community.
565. As a result of Defendant’s agreement to knowingly make false
statements, plaintiff’s professional career, and thus his livelihood, has been
irreparably damaged.
566. Sgt. Murphy’s reputation was permanently harmed both in the law
109
the Defendants.
TENTH CAUSE OF ACTION

INTENTIONIAL INFLICTION OF EMOTIONAL DISTRESS
AGAINST DEFENDANTS ONONDAGA COUNTY, THE ONONDAGA
COUNTY SHERIFF’S DEPARTMENT, EUGENE CONWAY, JOSEPH
CICIARELLI, MICHAEL DICKINSON, JAMMIE BLUMER, JONATHAN
ANDERSON, JOSEPH PELUSO, ROY GRATIEN, JASON CASSALIA and
CARL HUMMEL, all individually as well as in their capacities as employees
of Onondaga County and the Onondaga County Sheriff’s Department.
569. By the actions described above, the Defendants engaged in extreme and
outrageous conduct, which intentionally caused severe emotional distress to
Plaintiff.
570. Defendants intended to cause, or disregarded the substantial probability
of causing, severe emotional distress upon the plaintiff, Sgt. Murphy.

110
571. The acts and conduct of the defendants were the direct proximate cause
of injury and damage to the Plaintiff and violated his statutory and common law
rights as guaranteed by the laws and Constitution of the United States and the
State of New York.
572. Sgt. Murphy has suffered severe emotional distress as illustrated by his
medical care as noted above and his ongoing treatment.
573. Overt acts which comprise examples of the efforts of the defendants are
as follows:
1) Sgt. Murphy was not allowed to appear in public in uniform.
2) Sgt. Murphy was not allowed to supervise patrol officers.
3) Sgt. Murphy was not allowed to do police work.
4) Sgt. Murphy was required to sit at a desk all day, with no work, while
others looked on.
5) Murphy was wrongly passed over for promotion in favor of an
officer with less experience.
6) Murphy’s wife was assaulted without the Department so much as
instituting an investigation.
111
7) Murphy’s suffering due to severe emotional distress continues to this day
and is expected to continue into the future.
ELEVENTH CAUSE OF ACTION

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
AGAINST DEFENDANTS ONONDAGA COUNTY, THE ONONDAGA
COUNTY SHERIFF’S DEPARTMENT, EUGENE CONWAY, JOSEPH
CICIARELLI, MICHAEL DICKINSON, JAMMIE BLUMER, JONATHAN
ANDERSON, JOSEPH PELUSO, ROY GRATIEN, JASON CASSALIA,
CARL HUMMEL, WILLIAM FITZPATRICK, MELLANIE S. CARDEN
AND LINDSEY LUCZKA all individually as well as in their capacities as
Department.
575. The conduct of the Defendants as described above is, and was,
outrageous and far beyond the norms of civilized and professional conduct.
576. Defendants had a duty not only to avoid such conduct but, to conduct
themselves in a civilized and professional manner.
577. Defendant’s negligence was the direct and proximate cause of Sgt.
Murphy’s emotional distress and evidenced by his need for medical care as noted
above and his continuing treatment.
112
578. Murphy has been the recipient of severe emotional distress as
illustrated by his medical care as noted above and his ongoing treatment.
579. Murphy’s suffering due to severe emotional distress continues to this
day and is expected to continue into the future.
580. As a result of the foregoing, Plaintiff endured, and continues to endure,
serious and prolonged pain, suffering, trauma, psychological and emotional injury.
TWELFTH CAUSE OF ACTION

ABUSE OF PROCESS
AGAINST DEFENDANTS EUGENE CONWAY, JOSEPH CICIARELLI,
MICHAEL DICKINSON, JAMMIE BLUMER, WILLIAM FITZPATRICK,
MELLANIE S. CARDEN AND LINDSEY LUCZKA all individually as well
as in their capacities as employees of Onondaga County and the Onondaga
County Sheriff’s Department.
582. The above-mentioned defendants each abused the legal process by,
amongst other things, improper criminal investigations and wrongful investigations
and process before the Grand Jury against the plaintiff, Kevin Murphy.
113
583. Each of the above-mentioned defendants had a reason to harm Murphy
because his police work had uncovered embarrassing, unprofessional and/or illegal
acts which would either result in criminal liability or their professional demise.
584. The purpose of the abuse of process was to deter Murphy from further
investigations, to intimidate him, to silence him, to cause him to quit his job or
otherwise retire, to cause him to “not to do police work” and to otherwise make
him go away.
585. Murphy incurred physical, emotional and professional damages for
these acts in that he was denied promotions, lost significant pay and retirement
benefits, incurred great stress such that he took ill and, ultimately, was forced to
retire.
WHEREFORE, Plaintiff demands judgment in an amount which will fairly
and adequately compensate him for his injuries, damages, suffering and losses, in
an amount that exceeds the jurisdictional limits of all lower Courts, together with
the costs and disbursements of this action, including attorneys’ fees and costs,
treble damages, punitive damages and such other and further relief as the Court
may deem just and proper.
114
Dated: November 19, 2021
_________________________
Jeffrey R. Parry
Bar Roll No.: 508023
Attorney for the Plaintiff
7030 East Genesee Street
Fayetteville, New York 13066
(315)424-6115
[email protected]
115
EXHIBIT A
EXHIBIT B

Murphy v. Onondaga County Sheriff & DA Fitzpatrick RICO Statement Motion To Amend (Doc 170) Filed Nov 19, 2021 (159 PP)

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Case 5:18-cv-01218-GLS-CFH Document 170 Filed 11/19/21 Page 1 of 159

UNITED STATES DISTRICT COURT

Plaintiff, Case No.: 5:18-cv-1218

ONONDAGA COUNTY, THE ONONDAGA COUNTY

Jeffrey R. Parry, hereby makes this affirmation under the penalties of

1. I am an attorney, duly admitted to the courts of the State of New

plaintiff, Kevin Murphy, in this matter.

2. By leave of the Court, granted on November 5, 2021, plaintiff hereby

moves to Amend and Supplement his Complaint.

3. As the Court may recall, this case began essentially as an employment

case was filed.

5. Plaintiff previously amended his Complaint however; new evidence

6. Moreover, and as depicted in the Third Proposed Amended Complaint

in the last few weeks.

witnesses have come forward to disclose this otherwise concealed information.

8. This should not be considered unusual as this matter alleges extreme

government corruption leading to distrust in local law enforcement.

9. Citizens possessing evidentiary information have nowhere to go

Complaint avers to this fact.

to continue in its entirety.

11. As the Court notes in its Order of November 5, 2021, I am proceeding

(together with the proposed addendum) remains pending.

12. However, this Third Amended Complaint is composed to coincide

present motion if it makes matters easier and clarifies the record.

14. Plaintiff’s proposed Third Amended and Supplemented

Complaint, appropriately red lined, is attached for the Court’s consideration as

WHEREFORE, I respectfully request that the Court allow me to once again

Pursuant to 28 U.S.C. §1746, I declare under penalty of perjury that the

foregoing is true and correct.

UNITED STATES DISTRICT COURT

ONONDAGA COUNTY, THE ONONDAGA COUNTY

as and for his complaint, alleges as follows:

NATURE OF THE ACTION

Plaintiff Kevin Murphy was an employee of the Defendant, Onondaga

County in the Onondaga County Sheriff’s Department located in Syracuse, County

Onondaga County Sheriff’s Deputies in the regular course of their business as

community has been, at all times, exemplary.

This case concerns an enterprise Defendants’ Onondaga County, the

Onondaga County Sheriff’s Department, Eugene Conway, Joseph Ciciarelli,

Michael Dickinson, Jammie Blumer, Jonathan Anderson, Joseph Peluso, Roy

Gratien, Jason Cassalia, Carl Hummel, William Fitzpatrick, Stefano Cambareri,

(hereinafter referred collectively as “Defendants”) retaliation against Sgt. Murphy

customs, practices and the deliberate indifference of the Onondaga County

Sheriff’s Department and Onondaga County, including efforts to disclose

inadequate and illegal police performance, supervision, training, procedures,

negligence and gross negligence in the performance of police investigatory duties,

improper and unconstitutional arrests, illegal seizures performed without a warrant,

illicit investigations, false record keeping, racially inappropriate behavior,

retaliation and personal and professional misconduct.

government entities, Onondaga County and the Onondaga County Sheriff’s

Department, and the other defendants as well. The inadequacies of current

would be sacrificed. The defendant government entities, therefore, needed to act

As a result of, and in retaliation for, Murphy’s personal efforts to call

attention to the many shortcomings of Onondaga County and the Onondaga

in improper and illegal policies, customs and deliberate indifference, to disclose

these issues to supervisors, to elevate training to an acceptable level, to ensure that

transferred to another station at an inconvenient location a long distance from his

subject of improper criminal investigations. Hostile Work Environment

investigations and disciplinary actions in an effort to cause him to be passed over

Amendment of the United States Constitution, 18 U.S.C. §§1961, et seq.

libel. 42 U.S.C. §1983; Labor Law §740; 18 U.S.C. §1964(c).

Particularly egregious are the actions of the defendant individuals, acting in

concert, to retaliate against Murphy by extortion via threat of criminal prosecution,