Salvatore J. Greco v. City of New York, Et Al. - Second Amended Complaint

Case 1:22-cv-05109-FB-VMS Document 20 Filed 03/06/23 Page 1 of 27 PageID #: 116
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
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SALVATORE J. GRECO
SECOND AMENDED
COMPLAINT
Plaintiff, JURY DEMAND
-against- 22 cv 5109
THE CITY OF NEW YORK; KEECHANT L. SEWELL, as

Police Commissioner, Police Department City of New York;
ERNEST F. HART, as Deputy Commissioner Legal Matters,
Police Department City of New York; DANIEL S. CUTTER,
as Commanding Officer, Internal Affairs Bureau Group No.: 25
and JEREMY D. ORENSTEIN, as Sergeant, Internal Affairs
Bureau Group No.: 25, each sued individually and in their official
capacities as employees of The City of New York
Defendants'
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The Plaintiff SALVATORE J. GRECO through his attorney The Sanders Firm, P.C., files
this second amended federal complaint against Defendants' THE CITY OF NEW YORK;
KEECHANT L. SEWELL; ERNEST F. HART; DANIEL S. CUTTER and JEREMY D.
ORENSTEIN respectfully set forth and allege that:
INTRODUCTION
This is an action for equitable relief and money damages on behalf of the Plaintiff
SALVATORE J. GRECO, (hereinafter referred to as "Plaintiff') because Defendants' THE CITY
OF NEW YORK; KEECHANT L. SEWELL; ERNEST F. HART; DANIEL S. CUTTER and
JEREMY D. ORENSTEIN collectively investigated and terminated him due to his personal
`familial' and `political' relationships with Roger Jason Stone, Jr., Kristin M. Davis, members of
the OATH Keepers, Proud Boys and others who support Trump's America and the political
paradigm of Making America Great Again in violation of the First Amendment — Freedom of
Speech Right to Intimate Association, Political Affiliation and New York Labor Law § 201-d (2)(a)
Outside Political Activities.
JURISDICTION AND VENUE
1. The jurisdiction of this Court is invoked pursuant to 18 U.S.C. § 1965, 28 U.S.C. §§
1331, 1343 and 2202 to secure protection of and to redress deprivation of rights secured by:
a. the Civil Rights Act of 1871, 42 U.S.C. § 1983
b. New York Labor Law § 201-d (2)(a)
2. The unlawful employment practices, violations of plaintiff's civil rights complained
of herein were committed within the Eastern and Southern Districts of New York and the District of
Columbia.
PROCEDURAL REQUIREMENTS
3. Plaintiff has filed suit with this Court within the applicable statute of limitations
period.
4. Plaintiff is not required to exhaust any administrative procedures prior to suit under
the Civil Rights Act of 1871 or New York Labor Law § 201-d (2)(a).
PLAINTIFF
5. Plaintiff SALVATORE J. GRECO is a male citizen of the United States of America,
over twenty-one (21) years of age and resident of Broward County, Florida.
DEFENDANTS'
6. Defendant THE CITY OF NEW YORK, is a municipal corporation and public
employer, duly incorporated pursuant to the laws of the State of New York with its principal
place of business located within the County of New York.
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7. Defendant KEECHANT L. SEWELL, as Police Commissioner, Police
Department City of New York.
8. Defendant ERNEST F. HART, as Deputy Commissioner Legal Matters, Police
Department City of New York.
9. Defendant DAM i-L S. CUTTER, as Commanding Officer, Internal Affairs
Bureau Group No.: 25.
10. Defendant JEREMY D. ORENSTEIN, as Sergeant, Internal Affairs Bureau
Group No.: 25.
Arrest Record Data in the So-Called Land of the `Free'
11. Plaintiff alleges that according to the Brennan Center for Justice, more than
seventy (70) million adults in the United States have a criminal record.
12. Plaintiff alleges that regardless of a former arrestee's legal status, these
individuals struggle to participate in our society due to value judgments and other social stigmas.
13. Plaintiff alleges that after years of stagnation, various policy initiatives have
attempted to manage the construction of criminal record stigma to reduce reintegration barriers,
and subsequent recidivism, driven by `labeling.'
14. Plaintiff alleges that in April of 2016, the Department of Justice (DOJ) adopted a
policy that changes the language used to describe individuals with criminal records, substituting
person-first terms (e.g., "person with a felony") for crime-first terms (e.g., "felon" or
"offender").
15. Plaintiff alleges that the Equal Employment Opportunity Commission (EEOC)
has issued guidelines to structure how decision-makers use criminal records.
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16. Plaintiff alleges that for years, various social institutions such as family,
government, religion, education and media shape the alleged roles, nouns, and expectations,
which functions to meet the social needs of society. Thus, such social institutions play a
significant role in dehumanizing former arrestees from integrating back into society.
NYPD `Political' Abuse of its' Statutory Authority
17. Defendant KEECHANT L. SEWELL, is the Police Commissioner, Police
Department City of New York and authorized agent acting on behalf of Defendant THE CITY
OF NEW YORK.
18. Defendant THE CITY OF NEW YORK designates the Police Department City of
New York (NYPD) as a mayoral agency to engage in law enforcement activities with the general
public and to manage its employees including handling disciplinary matters.
19. Defendant THE CITY OF NEW YORK, is a municipal corporation and public
employer, duly incorporated pursuant to the laws of the State of New York with its principal
place of business located within the County of New York.
20. Plaintiff alleges that under § 14-115(a) of the New York City Administrative
Code, the Commissioner "shall have power, in his or her discretion, on conviction by the
commissioner, or by any court or officer of competent jurisdiction, of a member of the force of
any criminal offense, or neglect of duty, violation of rules, or neglect or disobedience of orders,
or absence without leave, or any conduct injurious to the public peace or welfare, or immoral
conduct or conduct unbecoming an officer, or any breach of discipline, to punish the offending
party by reprimand, forfeiting and withholding pay for a specified time, suspension without pay
during such suspension, or by dismissal from the force." Moreover, while the Commissioner has
delegated to other bodies the responsibility of reviewing, investigating, and prosecuting
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complaints, as well as making disciplinary recommendations to h[er], [s]he has retained
complete power and discretion to modify disciplinary decisions.
21. Plaintiff alleges that under § 14-137(a) of the New York City Administrative
Code, the Commissioner, and his or her deputies shall have the power to issue subpoenas,
attested in the name of the commissioner and to exact and compel obedience to any order,
subpoena or mandate issued by them and to that end may institute and prosecute any proceedings
or action authorized by law in such cases. The commissioner, and his or her deputies may in
proper cases issue subpoena duces tecum. The commissioner may devise, make and issue
process and forms of proceedings to carry into effect any powers or jurisdiction possessed by
him or her.
22. Plaintiff alleges that Defendants' THE CITY OF NEW YORK; KEECHANT L.
SEWELL and ERNEST F. HART operate NYPD Legal Matters which allegedly provides
assistance to law enforcement personnel regarding department legal matters. The bureau
allegedly assists members of the service in interpreting and enforcing state, federal, and local
laws; ensures that the policies and practices of the department are lawful and are fairly applied.
23. Plaintiff alleges that Defendants' THE CITY OF NEW YORK and KEECHANT
L. SEWELL operates the Internal Affairs Bureau (IAB) which is allegedly dedicated to
preserving integrity of the NYPD.
L. SEWELL operates the Office of the Department Advocate which allegedly prosecutes civilian
and uniformed members of the service accused of violating department policies.
L. SEWELL operates the Office of the Deputy Commissioner of Trials which allegedly ensures
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that members of the Department are held to the highest standard of conduct and to conduct fair
and impartial disciplinary trials.
26. Plaintiff alleges that on or about June 21, 2018, former Police Commissioner
James P. O'Neill appointed an "Independent Panel" to conduct a "review" of the internal
disciplinary system of the NYPD or "Department" and to propose recommendations to improve
it.
27. Plaintiff alleges that according to the report summary, the "Panel" consisted of the
Honorable Mary Jo White, its chair; the Honorable Robert L. Capers; and the Honorable Barbara
S. Jones.
28. Plaintiff alleges that according to the report summary, to carry out its mandate,
the "Panel" allegedly surveyed "Department" policies and procedures governing how internal
disciplinary cases are initiated, prosecuted, and resolved.
29. Plaintiff alleges that on or about January 25, 2019, in the final report, the "Panel"
included a section relating to allegations of systemic favoritism, bias, or significant
inconsistencies.
30. Plaintiff alleges that according to the "Panel," "in any adjudicatory system,
allegations of systemic favoritism, bias, or significant inconsistencies strike at the core of its
legitimacy."
31. Plaintiff alleges that previously in or around December 2003, the NYPD agreed to
implement legal strategies to ensure "transparency" and a "fair" disciplinary process free of
"racial" and "national origin" bias.
32. Plaintiff alleges that according to the terms of the LOA settlement, the NYPD
agreed to establish an advisory committee — which will include members of the LOA—that will
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meet quarterly to address employment discrimination and retaliation. Improvements will also be
made to the NYPD's disciplinary database, which will allow officers, union representatives and
lawyers to easily monitor whether disciplinary action in a current matter matches that taken for
similar incidents in the past.
33. Plaintiff alleges that alleges that since the LOA settlement, for the past eighteen
(18) years to this date, NYPD officers persist with their complaints regarding "lack of
transparency" and a "fair" disciplinary process free of "racial" and "national origin" bias.
34. Plaintiff alleges that thus far, the NYPD have denied officers, union
representatives and lawyers, access to the disciplinary data to ensure "transparency" and a "fair"
disciplinary process free of "racial" and "national origin" bias.
L. SEWELL'S operation of Legal Matters, Internal Affairs, Office of the Department Advocate
and Trials are in contravention of the First Amendment — Freedom of Right to Intimate
Association and First Amendment — Freedom of Speech.
L. SEWELL enforce NYPD Patrol Guide Procedure No.: 203-10, Page 1, Paragraph 2(a)
PUBLIC CONTACT - PROHIBITED CONDUCT GENERAL REGULATIONS: "wrongfully
and knowingly associated with any person or organization advocating hatred, oppression, or
prejudice based on race, religion, gender, gender identity/expression, sexual orientation, or
disability." This rule is òverbroad' and its' application is in contravention of the First
Amendment and must be stricken.
L. SEWELL enforce NYPD Patrol Guide Procedure No.: 203-10, Page 1, Paragraph 2(c)
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PUBLIC CONTACT - PROHIBITED CONDUCT GENERAL REGULATIONS: "wrongfully
and knowingly associated with a person, reasonably believed to be engaged in, likely to engage
in or to have engaged in criminal activities." This rule is òverbroad' and its application is in
contravention of the First Amendment and must be stricken.
38. Plaintiff alleges that Defendant THE CITY OF NEW YORK for more than forty
(40) years through the NYPD have intentionally àbused' its statutory authority and the internal
disciplinary process to discriminate against former NYPD Captain now Mayor Eric L. Adams,
former NYPD Sergeant now Sheriff Anthony Miranda, members of the Guardians Association of
the Police Department City of New York, Hispanic Society of the Police Department City of
New York, and other disenfranchised members of the department including Greco because of
their race, gender, `familial' and `political' relationships.
The Allegations of Criminal Association and Subversive Activities
39. Plaintiff alleges that on or about January 22, 2021, the Internal Affairs Bureau
Command Center received an anonymous letter as follows: To whom it may'concern - I am
writing to the NYPD Internal Affairs Bureau about the D.C. take-ver. PO Salvatore Greco CTTF,
and PO Gregory Nealon 60 pct., attended the riot at Capitol hill. These officers want to have a
civil war in America.
Command Center received further information including pictures that he was àssociating' with
Roger Jason Stone, Jr., a self-proclaimed "agent provocateur" who has served as strategic
counsel to GOP candidates since the 1960s including President Donald J. Trump, the forty-fifth
(45) president of the United States.
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41. Plaintiff alleges that on or about November 15, 2019, Roger Jason Stone, Jr., was
convicted, in the United States District Court for the District of Columbia on an indictment
(Docket No. 1: 1 9-cr-00018- ABJ• 1), of violations of Sections 2, 1001(a)(2), 1505, and
1512(b)(1), Title 18, United States Code, for which a total sentence of 40 months' imprisonment;
two years' supervised release; a twenty thousand dollar ($20,000) fine; and a seven hundred
dollar ($700) special assessment was imposed on February 20, 2020.
42. Plaintiff alleges that on or about July 10, 2020, President Donald J. Trump
commuted Roger Jason Stone, Jr's prison sentence, conditions of his supervised release and any
unpaid reminder of the $20,000 fine imposed.
Command Center received further information including pictures that he was àssociating' with
Kristin M. Davis, previously known as the Manhattan Madam, accused of operating a high-
end prostitution ring catering to high-profile clients.
44. Plaintiff alleges that on or about October 16, 2008, Kristin M. Davis pled guilty
and ultimately was sentenced to four (4) months on Rikers Island for one count of promoting
prostitution.
45. Plaintiff alleges that on or about August 6, 2013, Kristin M. Davis was charged by
Preet Bharara, the former United States Attorney for the Southern District of New York with the
sale of prescription pills containing controlled substances, including oxycodone, for cash.
46. Plaintiff alleges that on or about March 7, 2014, Kristin M. Davis pled guilty and
ultimately was sentenced to twenty-four (24) months in prison.
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Command Center opened Log No.: C-2021-0027 and 2021-1610. The `C' designates that the
investigation will likely conclude with the filing of criminal charges.
48. Plaintiff alleges that the anonymous letter does not suggest he engaging in
criminal activities much less with Roger Jason Stone, Jr., Kristin M. Davis or anyone else, the
letter suggests "a civil war with America."
49. Plaintiff alleges that the anonymous letter is `political' in nature because of his
first amendment right to support Trump's America and the `political' paradigm of `Making
America Great Again.'
50. Plaintiff alleges that nevertheless, Defendants' THE CITY OF NEW YORK and
KEECHANT L. SEWELL assigned Defendants' DANIEL CUTTER and JEREMY
ORENSTEIN to conduct a criminal investigation into his `political' activities.
51. Plaintiff alleges that from January 22, 2021, through May 20, 2021, Defendants'
THE CITY OF NEW YORK and KEECHANT L. SEWELL through Defendants' DANIEL
CUTTER and JEREMY ORENSTEIN conducted a criminal investigation into his `political'
activities.
52. Plaintiff alleges that during the aforementioned time period, Defendants'
DANII-L CUTTER and JEREMY ORENSTEIN interviewed Mr. Joshua Adam James via phone.
Mr. Adams is a co-founder of the OATH Keepers, which is an alleged American far-right anti-
government militia whose members claim to be defending the Constitution of the United States.
53. Plaintiff alleges that Mr. Adams told Defendants' DANIEL CUTTER and
JEREMY ORENSTEIN that Greco was in the District of Columbia from January 5 — 6, but did
not partake in anything illegal or violent.
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DANI L CUTTER and JEREMY ORENSTEIN reviewed his social media accounts which
contained numerous photographs with Roger Jason Stone, Jr.; Kristin M. Davis; Proud Boys
Members Ethan M. Nordean. Jacob Engels, and Henry Tarrio aka Enrique Tarrio, the Chairman
of the Proud Boys. The Proud Boys is an alleged American far-right, neo-fascist, and exclusively
male organization that promotes and engages in political violence in the United States.
DANIEL CUTTER and JEREMY ORENSTEIN reviewed his social media accounts which
contained numerous photographs with OATH Keeper members Mr. Joshua Adam James and
Roberto Minuta, who provided protection for Roger Jason Stone, Jr., on January 6, 2021.
56. Plaintiff alleges that during the aforementioned time period, there is no activity on
his social media accounts that indicate he was involved in any criminal or subversive activities to
overthrow the United States government.
DANIEL CUTTER and JEREMY ORENSTEIN performed audits of several law enforcement
databases maintained by the NYPD including DAS Lite which did not uncover improper
inquiries inconsistent with its intended use or that support he was involved with criminal or
subversive activities to overthrow the United States government.
DANIEL CUTTER and JEREMY ORENSTEIN with the support of Internal Affairs Bureau
Group No.: 2, received a financial analysis of Greco's profile which indicated no transactions
inconsistent with the lawful use of the American banking system or that support he was involved
with criminal or subversive activities to overthrow the United States government.
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DANIEL CUTTER and JEREMY ORENSTEIN audited his department cellular telephone
records which did not uncover improper usage inconsistent with its intended use or that support
he was involved with criminal or subversive activities to overthrow the United States
government.
DANII-L CUTTER and JEREMY ORENSTEIN performed an òffline' search and his name was
not queried by anyone in law enforcement or that support he was involved with criminal or
subversive activities to overthrow the United States government.
DANIEL CUTTER and JEREMY ORENSTEIN reviewed his APD 5 aka the NYPD
Background Investigation Pre-Employment Application Booklet and did not provide any
investigative leads or that support he was involved with criminal or subversive activities to
DANIEL CUTTER and JEREMY ORENSTEIN `falsely' asserted to Defendant ERNEST F.
HART the need for Defendants' THE CITY OF NEW YORK and KEECHANT L. SEWELL to
use its administrative subpoena powers under § 14-137(a) of the New York City Administrative
Code, to investigate allegations of association narcotics (other than family), DRV — other — due
to he allegedly attending the rioting on Capitol Hill, criminal association with Roger Jason Stone,
Jr. (Trump advisor), Kristin M. Davis (Manhattan Madam — Prostitution) and OATH Keepers
(Anti-government group).
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DANIEL CUTTER and JEREMY ORENSTEIN'S `false' assertions to Defendant ERNEST F.
HART as mentioned in Paragraph No.: 62, are inconsistent with the initial Internal Affairs
Bureau log.
SEWELL and ERNEST F. HART `fail' to maintain a system of checks and balances to ensure
administrative subpoenas issued under § 14-137(a) of the New York City Administrative Code
are legal, not overbroad, used for `false' fishing expeditions, used for `political' purposes or any
other purpose inconsistent with the statute.
DANIEL CUTTER and JEREMY ORENSTEIN àbusing' the administrative subpoenas powers
under § 14-137(a) of the New York City Administrative Code, ìmproperly' reviewed his cellular
telephone records which did not support he was involved with criminal or subversive activities to
under § 14-137(a) of the New York City Administrative Code, ìmproperly' reviewed his home
telephone records which did not support he was involved with criminal or subversive activities to
DANI FL CUTTER and JEREMY ORENSTEIN performed further audits of the DAS Lite
database which did not uncover any improper inquiries of the Proud Boys, OATH Keepers or
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any other alleged rioter inconsistent with its intended use or that support he was involved with
criminal or subversive activities to overthrow the United States government.
under § 14-137(a) of the New York City Administrative Code, ìmproperly' reviewed business
records from the Willard Intercontinental Hotel indicating he stayed there on January 5, 2021,
but do not support he was involved with criminal or subversive activities to overthrow the United
States government.
under § 14-137(a) of the New York City Administrative Code, ìmproperly' reviewed
surveillance records from the Willard Intercontinental Hotel indicating he was present inside of
the hotel along with Roger Jason Stone, Jr., and members of the OATH Keepers but do not
support he was involved with criminal or subversive activities to overthrow the United States
government.
DANIEL CUTTER and JEREMY ORENSTEIN with the support of Internal Affairs Bureau
Group No.: 55, surveilled him off-duty on four (4) occasions and there is no indication that he
was involved with criminal or subversive activities to overthrow the United States government.
71. Plaintiff alleges that on or about April 27, 2021, Defendant DAN►hL CUTTER
signed Departmental Charges and Specifications approved by Defendants' THE CITY OF NEW
YORK and KEECHANT L. SEWELL thorough the Office of the Department Advocate,
Department Advocate's Office Serial No.: 2021 - 23298, accusing him of "wrongfully and
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knowingly associating with person[s], Roger Jason Stone, Jr., and Kristin M. Davis, reasonably
believed to be engaged in, likely to engage in, or to have engaged in criminal activities" along
with related department charges.
72. Plaintiff alleges that other than his personal `familial' and `political' relationships
with Roger Jason Stone, Jr., and Kristin M. Davis, Defendants' DANIEL CUTTER and
JEREMY ORENSTEIN were unable to establish any 'credible' evidence he was involved in any
criminal or subversive activities with them to overthrow the United States government.
73. Plaintiff alleges that other than his personal `political' relationships with members
of the OATH Keepers, Proud Boys, others who support Trump's America and the `political'
paradigm of `Making America Great Again,' there is no 'credible' evidence he was involved in
any criminal or subversive activities with them or anyone else to overthrow the United States
government.
L. SEWELL through the Office of the Department Advocate prosecuted him on March 1, 23, 29
and April 4, 2022, accusing him of "wrongfully and knowingly associating with person[s], Roger
Jason Stone, Jr., and Kristin M. Davis, reasonably believed to be engaged in, likely to engage in,
or to have engaged in criminal activities" along with related department charges.
L. SEWELL through the Office of the Deputy Commissioner of Trials on March 1, 23, 29 and
April 4, 2022, heard evidence accusing him of "wrongfully and knowingly associating with
person[s], Roger Jason Stone, Jr., and Kristin M. Davis, reasonably believed to be engaged in,
likely to engage in, or to have engaged in criminal activities" along with related department
charges.
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76. Plaintiff alleges that Roger Jason Stone, Jr., appeared to support him during the
department trial, but he did not testify. Nor did the department take the opportunity to ask Roger
Jason Stone, Jr., to provide sworn testimony regarding their relationship, etc.
L. SEWELL through the Office of the Deputy Commissioner of Trials despite receiving
`credible' evidence of his personal `familial' and `political' relationships with Roger Jason
Stone, Jr., Kristin M. Davis, members of the OATH Keepers, Proud Boys, others who support
Trump's America and the `political' paradigm of `Making America Great Again,' Assistant
Deputy Commissioner Paul M. Gamble failed to assess the `political' charges in violation of the
First Amendment — Freedom of Speech Right to Intimate Association, Political Affiliation and New
York Labor Law § 201-d (2)(a) Outside Political Activities.
78. Plaintiff alleges that on or about June 10, 2022, Assistant Deputy Commissioner
Paul M. Gamble recommended to Defendants' THE CITY OF NEW YORK and KEECHANT
L. SEWELL, to find Greco guilty of "wrongfully and knowingly associating with person[s],
Roger Jason Stone, Jr., and Kristin M. Davis, reasonably believed to be engaged in, likely to
engage in, or to have engaged in criminal activities" along with related department charges
except "wrongfully and knowingly associated with any person or organization advocating hatred,
oppression, or prejudice based on race, religion, gender, gender identity/expression, sexual
orientation, or disability."
79. Plaintiff alleges that Assistant Deputy Commissioner Paul M. Gamble
recommended Greco be separated from the department because "Under the circumstances
established in the trial record, Respondent's [Plaintiff SALVATORE J. GRECO] continued
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presence as a Member of the Service would be corrosive to the mission and values of this
Department."
80. Plaintiff alleges that on or about August 4, 2022, Defendants' THE CITY OF
NEW YORK and KEECHANT L. SEWELL adopted Assistant Deputy Commissioner Paul M.
Gamble's recommendation and dismissed Greco under § 14-115(a) of the New York City
Administrative Code.
The Select Committee to Investigate the January 6th Attack on the United States Capitol
81. Plaintiff alleges that on or about April 20, 2022, the Committee drafted an
"abusive' subpoena to unlawfully review his cellular telephone records.
82. Plaintiff alleges that shortly thereafter, the Committee using the United States
Marshal Service, served the "abusive" subpoena upon Verizon Security Subpoena Compliance
located in Bedminster, NJ.
83. Plaintiff alleges that on or about April 25, 2022, Verizon Security Subpoena
Compliance notified him about the "abusive" subpoena, although he was "alarmed" he knew it
was nothing more than a "fishing expedition" related to his personal `familial' and `political'
relationships with Roger Jason Stone, Jr., Kristin M. Davis, members of the OATH Keepers,
Proud Boys and others who support Trump's America and the `political' paradigm of `Making
America Great Again' in violation of the First Amendment — Freedom of Speech Right to Intimate
Association, Political Affiliation and New York Labor Law § 201-d (2)(a) Outside Political
Activities.
84. Plaintiff alleges that he knew he violated no laws nor did he participate in the so-
called January 6th Attack on the United States Capitol.
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85. Plaintiff alleges that the Committee sought to unlawfully review his cellular
telephone records from November 1, 2020 to January 31, 2021, including but not limited to:
subscriber information, connection records, etc.
86. Plaintiff alleges that on or about May 16, 2022, shortly after the conclusion of the
department trial, he was compelled to provide deposition testimony to the Committee.
87. Plaintiff alleges that interestingly, the Committee focused upon any alleged text
messages between he, Roger Jason Stone, Jr., Kristin M. Davis, their associations with each
other and connections to Infowars Alex Jones and other related political connections.
88. Plaintiff alleges that he testified, he did not nothing wrong, nor did he ever work
for Roger Jason Stone, Jr.
89. Plaintiff alleges that he testified, he and Roger Jason Stone, Jr. are friends and
family since 2018.
90. Plaintiff alleges that he testified, although Roger Jason Stone, Jr., appeared to
support him during the department trial, but he did not testify. Nor did the department take the
opportunity to ask Roger Jason Stone, Jr., to provide sworn testimony regarding their
relationship, etc.
91. Plaintiff alleges that he testified, he knew nothing about whether Roger Jason
Stone, Jr., assisted President Donald J. Trump with the 2020 Presidential election.
92. Plaintiff alleges that he testified, he did not provide security to Roger Jason
Stone, Jr.
93. Plaintiff alleges that on or about December 22, 2022, the Committee issued its
Final Report, House Report No.: 117-663.
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94. Plaintiff alleges that the Committee recommended no congressional action against
him nor did the Department of Justice recommend legal action against him.
The Department's Criminal Association with Belcalis Marlenis Almanzar Cephus

Professionally Known As Cardi B
95. Plaintiff alleges that the department's association with Cardi B is direct evidence
that Defendants' THE CITY OF NEW YORK and KEECHANT L. SEWELL engages in blatant
content moderation and affiliation discrimination in violation of the First Amendment as they
"arbitrarily" decide what content and affiliations violate NYPD Patrol Guide Procedure No.:
203-10, Page 1, Paragraph 2(a) PUBLIC CONTACT - PROHIBITED CONDUCT GENERAL
REGULATIONS: wrongfully and knowingly associated with any person or organization
advocating hatred, oppression, or prejudice based on race, religion, gender, gender
identity/expression, sexual orientation, or disability.
96. Plaintiff alleges that the department's association with Cardi B is direct evidence
that Defendants' THE CITY OF NEW YORK and KEECHANT L. SEWELL engages in blatant
content moderation and affiliation discrimination in violation of the First Amendment as they
"arbitrarily" decide what content and affiliations violate NYPD Patrol Guide Procedure No.:
203-10, Page 1, Paragraph 2(c) PUBLIC CONTACT - PROHIBITED CONDUCT GENERAL
REGULATIONS: wrongfully and knowingly associated with a person, reasonably believed to be
engaged in, likely to engage in or to have engaged in criminal activities.
97. Plaintiff alleges that on or about May 6, 2017, Cardi B through her Twitter handle
@iamcardib tweeted: "Bitch I been a big time Blood since I was 16 s000 fuck is you talking bout
..ya just never peep it."
98. Plaintiff alleges that the Cardi stands for Barcardi (liquor) and B stand for her
affiliations with the Bloods. In particular, the 5-9 Brims.
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99. Plaintiff alleges that on or about September 19, 2017, Cardi B through her Twitter
handle @iamcardib tweeted: "I can't believe this cop put me on a choke hole just now shit is
crazy these NY cops don't know how to do they job FUCK 12."
100. Plaintiff alleges that on or about October 1, 2018, Cardi B was arrested in
connection with a fight inside of a strip club in Queens, New York. She was charged with one
count of assault and two counts of reckless endangerment. The charges relate to an incident that
occurred in August, when two bartenders at Angel's Strip Club claimed that Cardi B ordered an
attack on the women because she believed her husband, Migos rapper Offset, had had an affair
with one of them. Cardi B was accused of "throwing chairs, bottles and hookahs in the club at 3
a.m."
101. Plaintiff alleges that on or about March 26, 2019, Cardi B admitted through her
Twitter handle @iamcardib tweeted: while stripping she used to have sex with men, drug and rob
them.
102. Plaintiff alleges that on or about June 22, 2019, a Queens Grand Jury handed
down a 14-count indictment, including two counts of felony attempted assault related to the
incident at Angel's Strip Club.
103. Plaintiff alleges that on or about September 15, 2022, Cardi B pleaded guilty to
third degree assault and reckless endangerment, both misdemeanors.
104. Plaintiff alleges that as part of Cardi B's plea, she's to complete 15 days
community service.
105. Plaintiff alleges that on or about February 27, 2023, Defendants' THE CITY OF
NEW YORK and KEECHANT L. SEWELL authorized Cardi B to enter a secured department
facility, the NYPD Police Academy to appear for the NYPD "Girl Talk" a mentorship program
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for young girls needing someone to lean on as they navigate peer pressure and other challenges
facing city teens.
106. Plaintiff alleges that the aforementioned department affiliation with Cardi B, is
direct evidence that Defendants' THE CITY OF NEW YORK and KEECHANT L. SEWELL
blatantly engages in content moderation and affiliation discrimination in violation of the First
Amendment by "arbitrarily" deciding what content and affiliations violate NYPD Patrol Guide
Procedure No.: 203-10, Page 1, Paragraph 2(a) PUBLIC CONTACT - PROHIBITED
CONDUCT GENERAL REGULATIONS: wrongfully and knowingly associated with any
person or organization advocating hatred, oppression, or prejudice based on race, religion,
gender, gender identity/expression, sexual orientation, or disability and NYPD Patrol Guide
Procedure No.: 203-10, Page 1, Paragraph 2(c) PUBLIC CONTACT - PROHIBITED
CONDUCT GENERAL REGULATIONS: wrongfully and knowingly associated with a person,
reasonably believed to be engaged in, likely to engage in or to have engaged in criminal
activities.
107. Plaintiff alleges that following the logic and recommendation of Assistant Deputy
Commissioner Paul M. Gamble and adopted by Defendants' THE CITY OF NEW YORK and
KEECHANT L. SEWELL, she must be terminated by Mayor Eric L. Adams as was [Plaintiff
SALVATORE GRECO], along with the other employees who associated with Cardi B.
108. Plaintiff alleges that the failure to do so further supports Defendants' THE CITY
OF NEW YORK and KEECHANT L. SEWELL blatantly engages in content moderation and
affiliation discrimination in violation of the First Amendment by "arbitrarily" deciding what
content and affiliations violate NYPD Patrol Guide Procedure No.: 203-10, Page 1, Paragraph
2(a) PUBLIC CONTACT - PROHIBITED CONDUCT GENERAL REGULATIONS:
21
wrongfully and knowingly associated with any person or organization advocating hatred,
oppression, or prejudice based on race, religion, gender, gender identity/expression, sexual
orientation, or disability and NYPD Patrol Guide Procedure No.: 203-10, Page 1, Paragraph 2(c)
PUBLIC CONTACT - PROHIBITED CONDUCT GENERAL REGULATIONS: wrongfully
and knowingly associated with a person, reasonably believed to be engaged in, likely to engage
in or to have engaged in criminal activities.
L. SEWELL terminated him due to his personal `familial' and `political' relationships with Roger
Jason Stone, Jr., Kristin M. Davis, members of the OATH Keepers, Proud Boys and others who
support Trump's America and the `political' paradigm of `Making America Great Again' in
violation of the First Amendment — Freedom of Speech Right to Intimate Association, Political
Affiliation and New York Labor Law § 201-d (2)(a) Outside Political Activities due to their blatant
"arbitrary" content moderation and affiliation discrimination preferences.
VIOLATIONS AND CLAIMS ALLEGED
COUNT I
FREEDOM OF SPEECH RIGHT TO INTIMATE ASSOCIATION
IN VIOLATION OF
THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION
110. Plaintiff re-alleges Paragraphs 1 through 109 and incorporates them by reference
as Paragraphs 1 through 109 of Count I of this Second Amended Complaint.
111. Plaintiff alleges that Defendants' KEECHANT L. SEWELL; ERNEST F. HART;
DANIEL S. CUTTER and JEREMY D. ORENSTEIN collectively investigated and teiiiiinated
him due to his personal `familial' and `political' relationships with Roger Jason Stone, Jr., Kristin
M. Davis, members of the OATH Keepers, Proud Boys and others who support Trump's
America and the political paradigm of Making America Great Again in violation of the First
22
Amendment — Freedom of Speech Right to Intimate Association.
DANI 1- L S. CUTTER and JEREMY D. ORENSTEIN'S condemnation of his protected First
Amendment — Freedom of Speech Right to Intimate Association was a "motivating factor"
which ultimately led to his ten lination from the NYPD.
DANI I- L S. CUTTER and JEREMY D. ORENSTEIN and their agents' actions caused him
mental anguish, damage to his personal and professional reputation, and loss of employment
opportunities.
COUNT II
FREEDOM OF SPEECH RIGHT TO POLITICAL ASSOCIATION
IN VIOLATION OF
THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION
as Paragraphs 1 through 113 of Count II of this Second Amended Complaint.
DANIEL S. CUTTER and JEREMY D. ORENSTEIN collectively investigated and terminated
him due to his personal `familial' and `political' relationships with Roger Jason Stone, Jr., Kristin
M. Davis, members of the OATH Keepers, Proud Boys and others who support Trump's
America and the political paradigm of Making America Great Again in violation of the First
Amendment — Freedom of Speech Right to Political Association.
DANIEL S. CUTTER and JEREMY D. ORENSTEIN'S condemnation of his protected First
Amendment — Freedom of Speech Right to Political Association was a "motivating factor"
which ultimately led to his termination from the NYPD.
23
DANIEL S. CUTTER and JEREMY D. ORENSTEIN and their agents' actions caused him
opportunities.
COUNT III
MONELL CLAIM
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
as Paragraphs 1 through 117 of Count III of this Second Amended Complaint.
119. Plaintiff alleges that Defendant THE CITY OF NEW YORK for more than forty
(40) years through the NYPD have intentionally àbused' its statutory authority and the internal
disciplinary process to discriminate against former NYPD Captain now Mayor Eric L. Adams,
former NYPD Sergeant now Sheriff Anthony Miranda, members of the Guardians Association of
the Police Department City of New York, Hispanic Society of the Police Department City of
New York, and other disenfranchised members of the department including Greco because of
their race, gender, `familial' and `political' relationships.
120. Plaintiff alleges that Defendant THE CITY OF NEW YORK through its agents
Defendants' KEECHANT L. SEWELL; ERNEST F. HART; DANIEL S. CUTTER and
JEREMY D. ORENSTEIN collectively investigated and terminated him due to his personal
`familial' and `political' relationships with Roger Jason Stone, Jr., Kristin M. Davis, members of
the OATH Keepers, Proud Boys and others who support Trump's America and the political
paradigm of Making America Great Again in violation of the First Amendment — Freedom of
Speech Right to Intimate Association, Political Affiliation and New York Labor Law § 201-d (2)(a)
Outside Political Activities.
24
121. Plaintiff alleges that Defendant THE CITY OF NEW YORK through its agents
Defendants' KEECHANT L. SEWELL; ERNEST F. HART; DANIEL S. CUTTER and
JEREMY D. ORENSTEIN and their agents' actions caused him mental anguish, damage to his
personal and professional reputation, and loss of employment opportunities.
COUNT IV
POLITICAL ACTIVITIES
IN VIOLATION OF
NEW YORK LABOR LAW § 201-d
as Paragraphs 1 through 121 of Count IV of this Second Amended Complaint.
SEWELL; ERNEST F. HART; DANIEL S. CUTTER and JEREMY D. ORENSTEIN
collectively investigated and terminated him due to his personal `familial' and `political'
relationships with Roger Jason Stone, Jr., Kristin M. Davis, members of the OATH Keepers,
Proud Boys and others who support Trump's America and the political paradigm of Making
America Great Again in violation of New York Labor Law § 201-d (2)(a) Outside Political
Activities.
SEWELL; ERNEST F. HART; DANIEL S. CUTTER and JEREMY D. ORENSTEIN'S
condemnation of his protected outside political activities was a "motivating factor" which
ultimately led to his termination from the NYPD.
DANIEL S. CUTTER and JEREMY D. ORENSTEIN and their agents' actions caused him
opportunities.
25
JURY TRIAL
126. Plaintiff demands a trial by jury of all issues in this action that are so triable.
PRAYER FOR RELIEF
Wherefore, Plaintiff demands compensatory and punitive damages from Defendants'
THE CITY OF NEW YORK; KEECHANT L. SEWELL; ERNEST F. HART; DANI FL S.
CUTTER and JEREMY D. ORENSTEIN jointly and severally, in an amount to be determined at
trial; reinstatement to the position of Police Officer, Police Department City of New York
including all backpay and benefits; enjoin the enforcement of NYPD Patrol Guide Procedure
No.: 203-10, Page 1, Paragraph 2(a) PUBLIC CONTACT - PROHIBITED CONDUCT
GENERAL REGULATIONS: wrongfully and knowingly associated with any person or
organization advocating hatred, oppression, or prejudice based on race, religion, gender, gender
identity/expression, sexual orientation, or disability as constitutionally òverbroad' in
contravention of the First Amendment; enjoin the enforcement of NYPD Patrol Guide Procedure
No.: 203-10, Page 1, Paragraph 2(c) PUBLIC CONTACT - PROHIBITED CONDUCT
GENERAL REGULATIONS: wrongfully and knowingly associated with a person, reasonably
believed to be engaged in, likely to engage in or to have engaged in criminal activities as
constitutionally òverbroad' in contravention of the First Amendment; plus available statutory
remedies, both legal and equitable, interests and costs.
26
Dated: March 4, 2023

New York, N.Y.
Respectfu y subI-hit
/
By:
Eric Sanders
Eric Sanders, Esq.

THE SANDERS FIRM, P.C.
30 Wall Street, 8th Floor
New York, NY 10005
(212) 652-2782 (Business Telephone)
(212) 652-2783 (Facsimile)
Website: http://www.thesandersfiiiiipc.com
27

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Case 1:22-cv-05109-FB-VMS Document 20 Filed 03/06/23 Page 1 of 27 PageID #: 116

UNITED STATES DISTRICT COURT

Plaintiff, JURY DEMAND

THE CITY OF NEW YORK; KEECHANT L. SEWELL, as

KEECHANT L. SEWELL; ERNEST F. HART; DANIEL S. CUTTER and JEREMY D.

ORENSTEIN respectfully set forth and allege that:

SALVATORE J. GRECO, (hereinafter referred to as "Plaintiff') because Defendants' THE CITY

OF NEW YORK; KEECHANT L. SEWELL; ERNEST F. HART; DANIEL S. CUTTER and

Outside Political Activities.

JURISDICTION AND VENUE

1. The jurisdiction of this Court is invoked pursuant to 18 U.S.C. § 1965, 28 U.S.C. §§

a. the Civil Rights Act of 1871, 42 U.S.C. § 1983

b. New York Labor Law § 201-d (2)(a)

2. The unlawful employment practices, violations of plaintiff's civil rights complained

5. Plaintiff SALVATORE J. GRECO is a male citizen of the United States of America,

6. Defendant THE CITY OF NEW YORK, is a municipal corporation and public

place of business located within the County of New York.

7. Defendant KEECHANT L. SEWELL, as Police Commissioner, Police

Department City of New York.

8. Defendant ERNEST F. HART, as Deputy Commissioner Legal Matters, Police

Department City of New York.

9. Defendant DAM i-L S. CUTTER, as Commanding Officer, Internal Affairs

Bureau Group No.: 25.

10. Defendant JEREMY D. ORENSTEIN, as Sergeant, Internal Affairs Bureau

Group No.: 25.

Arrest Record Data in the So-Called Land of the `Free'

and subsequent recidivism, driven by `labeling.'

has issued guidelines to structure how decision-makers use criminal records.

NYPD `Political' Abuse of its' Statutory Authority

17. Defendant KEECHANT L. SEWELL, is the Police Commissioner, Police

public and to manage its employees including handling disciplinary matters.

place of business located within the County of New York.

commissioner, or by any court or officer of competent jurisdiction, of a member of the force of

delegated to other bodies the responsibility of reviewing, investigating, and prosecuting

complaints, as well as making disciplinary recommendations to h[er], [s]he has retained

complete power and discretion to modify disciplinary decisions.

preserving integrity of the NYPD.

and uniformed members of the service accused of violating department policies.

and impartial disciplinary trials.

James P. O'Neill appointed an "Independent Panel" to conduct a "review" of the internal

disciplinary system of the NYPD or "Department" and to propose recommendations to improve

disciplinary cases are initiated, prosecuted, and resolved.

included a section relating to allegations of systemic favoritism, bias, or significant

"racial" and "national origin" bias.

similar incidents in the past.

disciplinary process free of "racial" and "national origin" bias.

Association and First Amendment — Freedom of Speech.

PUBLIC CONTACT - PROHIBITED CONDUCT GENERAL REGULATIONS: "wrongfully

prejudice based on race, religion, gender, gender identity/expression, sexual orientation, or

Amendment and must be stricken.

PUBLIC CONTACT - PROHIBITED CONDUCT GENERAL REGULATIONS: "wrongfully

contravention of the First Amendment and must be stricken.

their race, gender, `familial' and `political' relationships.

The Allegations of Criminal Association and Subversive Activities

Command Center received an anonymous letter as follows: To whom it may'concern - I am

civil war in America.

(45) president of the United States.

dollar ($700) special assessment was imposed on February 20, 2020.

unpaid reminder of the $20,000 fine imposed.

end prostitution ring catering to high-profile clients.