STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE STEVE SHAYA, Plaintiff, s. !AVI! "E#CASTRO, A!

AM TAR!IF, AN!Y MI#ES$I, MA% GAR"ARINO, ERI$ TUNGATE $Y#E TERTZAG, CITY OF HAMTRAMC$, !efen&ant. '''''''''''''''''''''''''''''''''''''''''''''''''''''''( #AW OFFICES OF SA#EM F. SAMAAN, P.C. M. MICHAE# $OROI )P***+,Atto.ne/ fo. Plaintiff 01, No.t2 Main St.eet Pl/3o4t2, MI *50+,60789 )+8*- *1:6*,*, '''''''''''''''''''''''''''''''''''''''''''''''''''''''( COMP#AINT Now comes the Plaintiff Steve Shaya, by his attorney, M. Michael Koroi, and complains to this Honorable Court as follows: . #. Michi"an. &. '() $efendant (dam *ardif is a resident of the, State of Michi"an+ he is Plaintiff is a resident of the County of !ayne, State of Michi"an. $efendant $avid %elcastro is a resident of the County of Macomb, State of Case No. Hon. NZ

currently employed as a ser"eant detective of the Hamtramc, Police $epartment. '%) $efendant (ndy Miles,i is a resident of the County of !ayne, State of

Michi"an+ he is currently employed as a ser"eant detective of the Hamtramc, Police $epartment.

-. /.

$efendant .ri, *un"ate is a resident of the State of Michi"an. Ma0 1arbarino is a resident of the County of Macomb, State of Michi"an+ he is

currently employed as a Chief of Police of the City of Hamtramc, and has been so at all relevant times herein. 2. Kyle *ert3a", all relevant times herein, was the city mana"er of the City of

Hamtramc,+ his employment with the city was terminated in 4uly of #5 &. 6. *he City of Hamtramc, is a municipal corporation, or"ani3ed and e0istin" under

the laws of the State of Michi"an, with its principal office located at &-5 .valine. 7. Plaintiff is a re"istered builder and civil en"ineer and the current $irector of the

City of Hamtramc, $epartment of Public Services '8$PS9). :. '() Plaintiff was hired as $PS $irector on ;ebruary #:, #5 #, si"nin" an

8.mployment ("reement9 'see .0hibit ()+ Plaintiff prior to this had si"ned a 5<wee, 8=ndependent Contractor ("reement9 '.0hibit %) and became 8=nterim $irector of Public Services9, which had been e0tended until e0ecution of the .mployment ("reement. '%) >nder the 8economics reality test9 Plaintiff was an 8employee9 up until

;ebruary #7, #5 # his duties were under the supervision of the City Mana"er, paid bi<wee,ly as other City of Hamtramc, employees are, had the power to hire, five and?or discipline city subordinate employees performed duties as an inte"ral part of. 5. *he Hamtramc, Code of @rdinances, this Chapter 'Chapter &:) sets forth: '() =t is the policy of the city to uphold, promote and demand the hi"hest standards of ethics from all of its employee and officials, whether elected, appointed or hired. City officers and employees 'public servants) shall maintain the hi"hest standards of personal inte"rity, truthfulness, honesty and fairness in carryin" out their public duties+ avoid any improprieties in their roles as public servants includin" the appearance of impropriety+ and never use their city position or powers for improper personal "ain. #

'%) =t is further the intent of this chapter that a public servant, re"ardless of whether specifically prohibited by this chapter, shall avoid any action, which mi"ht result or create the appearance of: ' ) >sin" public office or employment for private "ain personal or monetary+ '#) 1ivin" improper preferential treatment to any person or or"ani3ation+ '&) =mpedin" "overnment efficiency or economy+ '-) ( lac, of independence or impartiality of action+ '/) Ma,in" a "overnment decision outside of official channels+ or '2) (ffectin" adversely the confidence of the public in the inte"rity of the city Section &:.55# . Section &:.55/ specifies proscribed conduct of said .thics Chapter and sets forth in relevant part: '() General prohibition against conflict of interest. =n order to avoid impropriety, or an appearance of conflict of interest, no current public servant should be involved in any activity that mi"ht be seen as conflictin" with the conduct of official city business or adverse to the interests of the city. .ven the appearance of the followin" prohibited conduct alone may be sufficient to constitute a violation of this ethics chapter. A A A A

'$) Beneficial interest in business transaction or participation in a contract . No public servant shall participate or benefit from 'momentarily or personally) in his or her capacity as a public servant in the ma,in" of a contract in which he or she has financial interest, direct or indirect, or perform in re"ard to a contract some function which reBuires the e0ercise of discretion on behalf of the city. No public servant shall participate in contracts...... involvin" a business in which he or she has a substantial interest...... '.) Engaging in certain private employment . No city employee or public servant shall en"a"e in or accept private employment or render services for, any private interest when the employment or service is incompatible with the property dischar"e of official duties or would tend to impair independence or Cud"ment or action in the performance of official duties. A A & A A

'1) Improper use of position. No public servant shall ,nowin"ly use his or her office or position to secure personal benefit, "ain or profit, or use his or her position to secure special privile"es or e0ceptions for himself, herself, or for the benefit, "ains or profits of any other persons...... &. *he .thics Chapter establishes re"ulations and procedures re"ardin" matters re"ardin" disclosure of actual and potential conflicts of interest between the private self<interests and the public self<interest of public servants, includin" the followin": '() Self-interest. No public servant, either on his behalf or on behalf of any other person, shall have any interest in any business transaction with any public body of the city, unless the person shall first ma,e full public disclosure of the nature of the interest. A A A A

'C) Dual employment. No public servant shall en"a"e in employment with, or render services for, any person or entity, which has business transactions with any public body of the city, without first ma,in" full public disclosure of the nature and e0tent of the employment or services. A A A A

'$) $ual representation. ( public servant shall ma,e full public disclosure of business involvin" the city when attemptin" to use his or her official position to secure special privile"e or e0emptions for self or others. -. Section &:.556 re"ulates modes of public disclosure and the contents thereof

under the .thics Chapter of the City of Hamtramc, and provides, in relevant part as follows: !henever a public disclosure is reBuired by this chapter, it may be made orally on the record at a meetin" of the public body involved, or in a writin" filed with the Cler,, in both of which cases it shall be made part of the record of a re"ular City Council meetin", and, in either event shall include: '() the identity of all persons involved in the interest+ and '%) the source and amount of income derived from the interest that may be considered as resultin" from employment, investment or "ift. *he person reBuired to file a disclosure statement in accordance with the provisions of this chapter must verify, in writin", under penalty of perCury. &. *he .thics Chapter also imposes duties of fair and eBual treatment, includin": -

No public servant shall reBuest, use or permit the use of any consideration, treatment, advanta"e, or favor beyond which it was the "eneral practice to "rant or ma,e available to the public at lar"e. (ll public servants shall treat all citi3ens of the city with courtesy, impartiality, fairness and eBuality under the law....... Section &:.55-. '() (s of 4uly , #5 &, $efendant City of Hamtramc, became under the control

of an 8emer"ency mana"er9 pursuant to Public (ct -&2 of the #5 # Docal ;inancial Stability and Choice (ct, after 1overnor Snyder declared a 8financial emer"ency9 in that municipality under MCD - . /-2' )'b) of said enactment. '%) 1overnor Snyder appointed Kathy SBuare as emer"ency mana"er under MCD - . /-:+ she remains in power to this date. /. Plaintiff around $ecember of #5 complained to %ill Cooper, then Hamtramc,

City Mana"er, and then a member of Hamtramc, City Council, that Kevin S3umins,i, Police Eeserve Chief, (dam *ardif, then a police ser"eant in the Hamtramc, Police $epartment, was violatin" local ethical laws, cited above, by underta,in" simultaneous employment with Compu %otsford Mechanical Shop '8C%MS9) who at the time was repairin" police vehicles, and that *ardif was repairin", installin" li"hts, sirens, decals and other modifications of police vehicles. 2. Plaintiff also complained to Cathy 1ordon and %ill Cooper that *ardif was

advocatin" to the then<Police Chief Mare, Kolinows,i to allow his employer Compu %otsford to tow police<sei3ed vehicles and also complained that *ardif was towin" police<sei3ed cars on behalf of Compu %otsford without City Counsel approval+ this of conduct of *ardif also violated the relevant .thics Chapter sections cited above. 6. $etective *ardif was usin" his influence in the Hamtramc, Police $epartment to

direct business to C%MS and *ardif was personally benefittin" from this arran"ement via his /

employment relationship with C%MS. 7. *hat because of these complaints, a city investi"ation was launched into this dual

employment issue, *ardif and S3umins,i, were forced to direct letters that were forwarded to Hamtramc, City Council disclosin" their aforesaid additional employment+ this disclosure is reflected in the ("enda of the 4anuary #-, #5 # City Council meetin" and the on"oin" minutes of that meetin". :. *hat as a result of that investi"ation, Hamtramc, City Mana"er %ill Cooper also

announced that the dual employment of these officers needed to stop. #5. (fter Plaintiff si"ned his ;ebruary #:, #5 # employment a"reement referenced

above, he disclosed to Cathy 1ordon and %ill Cooper that *ardif was operatin" a towin" business under an unre"istered assumed name 8$.( *owin"9 or 8$etroit .lectric (utomotive Co.9 in violation of the .thics Chapter of the Hamtramc, City Code and that specifically, $.( *owin" was billin" the City of Hamtramc, Police $ept dru" forfeiture fund for towin" services paid or to be paid by a friend of *ardif, S"t. !ally *ripp. # . Said operation of 8$.( *owin"9 also conflicted with the Hamtramc, City Code

to the e0tent that %F* *owin" was "iven the e0clusive towin" contract by Hamtramc, City Council and $.( *owin" had absolutely no proper authori3ation to conduct any towin" activities on behalf of the City of Hamtramc,. ##. (s a result of the complaints of Plaintiff re"ardin" $.( *owin", the City of

Hamtramc, too, remedial measures to ensure that $.( *owin" or *ardif would not conduct any further unauthori3ed towin" operations on behalf of the City of Hamtramc,. #&. *hat *ardif had been assi"ned to as one of two representatives of the Hamtramc,

Police $epartment to wor, with the $ru" .nforcement (dministration. 2

#-.

$urin" a maCor $.( investi"ation that resulted in raids a"ainst suspected dru"

traffic,in" tar"ets, *ardif used his connection with S"t. *ripp to sei3e a lar"e number of vehicles of suspects and arresters, *ardifGs 8$.( *owin"9 ended up towin" the vehicles and the Hamtramc, Police $epartmentGs dru" forfeiture fund was billed appro0imately H ,#55.55. #/. 8>pon appointment, an emer"ency mana"er shall act for and in the place and

stead of the "overnin" body and the office of chief administrative office of local "overnment. *he emer"ency manner shall have forbad powers in receivership to rectify the financial emer"ency and to assure the fiscal accountability of the local "overnment and the local "overnmentGs capacity to provide or cause to be provided necessary "overnmental services essential to the public health, safety, and welfare. ;ollowin" appointment of an emer"ency mana"er and durin" the pendency of receivership, the "overnin" body and the chief administrative officer of the local "overnment shall not e0ercise any of the powers of those offices e0cept as may be specifically authori3ed in writin" by the emer"ency mana"er or as otherwise provided by this act and are subCect to any conditions reBuired by the emer"ency mana"er.9 MCD - . /-:. #2. Plaintiff is a >nited States citi3en of =raBi national ori"in and an adherent of the

Chaldean<rite '=raBi Catholic) reli"ion. #6. '() Hamtramc, City Mana"er Kyle *ert3a" en"a"ed in habitually

demeanin" and verbally abusive behavior after replacin" (ctin" City Mana"er .ri, *un"ate, ma,in" dero"atory references to his ethnic?reli"ious persuasion, includin" labelin" him 8Chaldean prince9. '%) .ri, *un"ate, (ctin" City Mana"er had li,ewise en"a"ed in habitually demeanin" and verbally abusive behavior, ma,in" dero"atory references 6

to his ethnic?reli"ious persuasion+ *un"ate placed a fraudulent reprimand in PlaintiffGs personnel file, which was removed after le"al counsel for Plaintiff protested 'see .0hibit C)+ *un"ate retaliated for PlaintiffGs advocacy of (rab<(merican residents he felt were receivin" discriminatory treatment in the rendition of municipal services. #7. Shortly after Kathy SBuare assumed her "ubernatorial<appointed position as

emer"ency mana"er, she witnessed City Mana"er *ert3a" berate Plaintiff and shortly thereafter terminated *ert3a"Gs employment with the City of Hamtramc,. &5. forth: 8No persons shall be denied the eBual protection of the laws, nor shall any person be denied the enCoyment of his civil or political ri"hts or be discriminated a"ainst in the e0ercise thereof because of reli"ion, race, color, or national ori"in.9 & . establishes: 8*he people have the ri"ht peaceably to assemble, to consult for the common "ood, to instruct their representatives and to petition the "overnment for redress of "rievances.9 &#. (rticle =, Section I of the Constitution of the State of Michi"an of :2&: 8 .very person may freely spea,, write, e0press and publish his views on all subCects...9 &&. declares: 8...KtLhe ri"ht of all individuals...... to fair and Cust treatment is the course of.... e0ecutive investi"ations and hearin"s shall not be infrin"ed.9 &-. @n @ctober #2, #5 &, Plaintiff was pullin" out of the driveway at his residence on 7 (rticle =, Section JI== of the Constitution of the State of Michi"an of :2& (rticle =, Section === of the Constitution of the State of Michi"an of :2& (rticle =, Section == of the Constitution of the State of Michi"an of :2& sets

Pulas,i Street in Hamtramc, when he noticed he had bac,ed up over bro,en fra"ments of one of the tail li"hts of the champa"ne<colored #557 Chevrolet %la3er vehicle provided him by the City of Hamtramc,. &/. Said Chevrolet %la3er displays license plate 5:#J--6 and has done so at all

relevant times herein. &2. Hamtramc, Mayor Karen MaCews,i, a nei"hbor on Pulas,i St., witnessed

PlaintiffGs bro,en tail li"ht and reBuested it be investi"ated by the Hamtramc, Police $ept. &6. Plaintiff promptly reported the bro,en tail li"ht to the emer"ency mana"er Kathy

SBuare and paid appro0imately H##.55 to replace it with a new tail li"ht. &7. *hat $etective *ardif, without prior warnin", bar"ed into PlaintiffGs city

department premises and rudely and loudly accused him of dama"in" city property without reportin" it 'implyin" a duty to do so)+ this confrontation was done by *ardif in front of members of the public as well as staff employees Plaintiff supervised. &:. *hat the Michi"an Motor Iehicle Code at MCD #/6.2## only imposes a duty

upon a driver involved in an accident to ma,e a police report when '() a person is ,illed or inCured+ or '%) when property dama"e is apparently H ,555.55 or more+ *ardif was, or should have been, well aware of this bein" an e0perienced criminal investi"ator. -5. Said conduct by *ardif at Para"raph *hirty<.i"ht was "rossly unprofessional,

discourteous, e0hibited unacceptable bias, su""ested discriminatory treatment and was blatantly unfair, resultin" not only in *ardif violatin" Sections &:.55# and &:.55- of the .thics Chapter of the Hamtramc, City Code, but also (rticle =, Section JI== of the Constitution of the State of Michi"an of :2&, other cited constitutional provisions, and common<law proscriptions a"ainst invasion of privacy and slander co"ni3able in this state. :

- .

*hat Plaintiff notified ;inancial Mana"er Kathy SBuare of this recent behavior of

*ardif and she assured him she would address it+ SBuare proceeded to notify Chief of Police 1arbarino to cause this investi"ation to cease. -#. @n November /, #5 &, Plaintiff left city offices shortly after noon to have lunch

at his home on Pulas,i Street and, after completin" his lunch, returned to municipal offices after :55 p.m.+ his departure and return trip in a city vehicle were uneventful. -&. Plaintiff operated the city<issued #557 Chevrolet %la3er to drive home for lunch

and return+ said %la3er was issued to Plaintiff with e0istin" front bumper dama"e which had been documented prior to Plaintiff bein" assi"ned the vehicle. --. (t appro0imately #:&2 p.m., $avid %alcastro, a retired former narcotics unit emer"ency line re"ardin" all purported hit<and<run accident

police officer, telephoned the :

alle"ed implicatin" the #557 Chevrolet %la3er+ this dialo"ue between %elcastro and (ndrew Eobinson, a civilian dispatches employee of the Hamtramc, Police $epartment: $ispatch: Hamtramc, : ... whatGs your emer"encyM Iictim: My name is $ave %elcastro and = am a retired police officer from $etroit, = was rear ended on Conant, south of Caniff, and the vehicle too, off on me, and = thin, = "ot the vehicle and followin" it westbound on Caniff... Cust west of Campu currently. $ispatch: $id this Cust happenM Iictim: Neah Cust happened a short time a"o and = pulled off on side street and the "uy continued on, so = came up on the (venue. $ispatch: @, Iictim: = thin,, = thin, this is the vehicle... aah wow $ispatch: Nes, No, Maybe. Iictim: = thin, its 5:# J Eay --6, = mi"ht be wron" on the vehicle... because = lost its, *rail %la3er, municipal vehicle... that mi"ht not be the one. = would only ,now if = saw the front end. Di,e = said = "ot rear ended... = pulled over on Caniff?Sobies,i..., =Gm not sure, no it wasnGt Sobies,i, it was south of Caniff... anyway and = am currently on %rombach?.valine "oin" South on %rombach... that mi"ht not be the vehicleM Di,e = said, = had to chec, bac, up to it... but = "ot rear ended on my personal vehicle. 5

$ispatch: !here are you at now so = can have officers meet you there. Iictim: (hh, =Gm Cust passin" Norwal, comin" up on Poland F %rombach. $ispatch: @,, do you want them to meet you out there or you want to come to the station. Iictim: Neah whatever is easier for you "uysM $ispatch: Probably easier if you come in sir. Iictim: @K. $ispatch: !ill let the boss ,now... Iictim: (hh, =Gm, li,e = said = couldnGt "ive you an idea of the face... it appeared to be a blac, male, and = donGt ,now if this is the vehicle.. = canGt see front endM $ispatch: So this is not the *rail %la3erM Iictim: *hatGs not probably not the vehicle. Iictim: =ts probably not, li,e = said = had to turn around and catch up to it, the "uy was sBuirtin" ahead on me... anyways you "uys are on .valine arenGt youM $ispatch: &-5 .valine, Cust past 1alla"her. Iictim: @K, = will head into the station then... *han, you, sir. !eGll see you in a minute. -/. *hat at the time the : call from %elcastro was bein" received by Mr. Eobinson,

$efendant *ardif was servin" as the Hamtramc, P.$. watch commander+ *ardif frantically attempted to "ain control of the incomin" call from %elcastro. -2. '() $efendant *ardif, later on November /, #5 &, proceeded to enter onto

PlaintiffGs wor, premises as the City of Hamtramc, and be"an, in full view and earshot of both members of the public and PlaintiffGs staff subordinates, be"an discourteous and hostile interro"ation re"ardin" PlaintiffGs possible involvement in a purported hit<and<run accident+ Plaintiff denied any such involvement to *ardif. '%) Said conduct by *ardif at Para"raph ;orty<Si0 was "rossly unprofessional,

discourteous, e0hibited unacceptable bias, su""ested discriminatory treatment and was blatantly unfair, resultin" not only in *ardif violatin" Section &:.556 and &:.55- of the .thics Chapter of the Hamtramc, City Code, but also (rticle =, Section JI== of the Constitution of the State of Michi"an of :2& and common<law proscriptions a"ainst invasion of privacy and slander co"ni3able in this state.

-6.

Plaintiff met the emer"ency mana"er Kathy SBuare late in the day on November

/, #5 & at the end of the wor, day and both observed the alle"ed city vehicle purportedly involved in the alle"ed hit<and<run and SBuare labeled the hit<and<run alle"ations a 8lie9+ Plaintiff complained to SBuare about the conduct of *ardif referenced at Para"raph ;orty<Si0 above. -7. Plaintiff contacted Chief of Police Ma0 1arbarino on November /, #5 & by e<

mail to deny involvement in any hit<and<run accident+ 1arbarino was told by Plaintiff that this is a 8witch hunt9. -:. @n November 2, #5 & the emer"ency mana"er confronted 1arbarino re"ardin"

the hit<and<run alle"ations. /5. @n November 7, #5 & Plaintiff met with Chief 1arbarino to tell him he was

bein" framed+ 1arbarino responded that he did not ,now what the 8bi" deal9 was about since the incident was only a misdemeanor offense and no char"e had been filed as of yet. / . @n November 7, #5 &, *ardif was removed from the hit<and<run investi"ation

putatively over concerns e0pressed by the emer"ency mana"er over dan"er of lac, of impartiality. /#. @n November ##, #5 &, Plaintiff was wal,in" out of the emer"ency mana"erGs call of

office and, perchance, saw (ndrew Eobinson, the police dispatcher who received the : a hit<and<run accident. /&.

Eobinson substantively as,ed 8what the hell is "oin" on with the hit<and<runM9+ caller appeared to be 8mi0ed<up9 and that *ardif caller to come to the station.

Eobinson proceeded to relate that the :

demanded the phone be turned over to him and instructed the : /-.

Plaintiff earlier on November ##, #5 & a"ain met with Police Chief 1arbarino and #

indicated S"t. Miles,i would be handlin" the hit<and<run investi"ation now and that he, Plaintiff, should retain le"al counsel. //. 1arbarino at said November ##, #5 & meetin" also told Plaintiff he did not ,now

who had alerted the press about the hit<and<run investi"ation+ Kimberly Eussell of Channel 6, a reporter from Channel -, and Charles Sercombe, writer of the Hamtramc, Eeview had all contacted city officials re"ardin" the police investi"ation, includin" Eobert Oolwal, and Cathy 1ordon. /2. @n $ecember :, #5 &, Plaintiff, in the presence of his attorney, was interro"ated

at the police station by S"t. Miles,i in which Plaintiff denied bein" in any accident, denied any new unreported dama"e occurred to the %la3er since the city assi"ned to him and disclosed that bumper dama"e was already documented prior to his receipt of the vehicle. /6. Miles,i said that front<end auto accident dama"e in the %la3er could have been

repaired in between the time that %elcastro reported the purported hit<and<run accident and the time a surveillance camera saw him returnin" to city offices at :&: p.m. /7. Miles,i also stated that he had enou"h information to place Plaintiff under arrest

durin" the meetin" < in reality Milews,i had no le"al authority to arrest for a misdemeanor offense not committed in his presence. /:. @n $ecember 5, #5 &, $efendant *ardif completed his report on the hit<and<run transcript:

incident. *he followin" discrepancies e0ist between the *ardif report and the :

'() @n ? /? &, %elcastro on : tape reports that the hit<and<run rear< end collision occurred on Conant south of Caniff whereas *ardif report indicates incident occurred on Conant and Commor+ '%) *he : tape indicates the driver appeared to be a blac, male in a "old?champa"ne<colored Chevy %la3er and that he does not thin, itGs the vehicle, 8probably9 not the vehicle+ &

'C) *he *ardif report su""ests new front bumper dama"e no dama"e occurred+ '$) *ardif misBuotes Shaya as initially sayin" 8he had not left the buildin" all day<8 in reality Plaintiff always immediately disclosed his lunch trip+ 25. S"t. Miles,iGs report contains the followin" inconsistencies: '() the 8dama"e *ardif observed was not there prior to Shaya bein" issued the vehicle9< in reality no new dama"e e0isted on the front bumper area after Plaintiff was assi"ned the %la3er+ '%) %elcastro reported by phone to Milews,i on #? ? & that he was on southbound Conant near Commor when he was struc, whereas : tape version accident occurs on Conant south of Caniff< areas in the city many bloc,s apart+ 'C) %elcastro identifies the driver as appearin" to be a blac, male where no such statement appears in #? ? & report of telephone interview+ '$) #? ? & interview report shows %elcastro sure of license plate identification and identifies same vehicle that struc, him from behind on Conant and Commor whereas on : version he e0presses doubts and says the %la3er was 8probably9 not the vehicle that had struc, him earlier. '.) on : version %elcastro indicates Conant south of Caniff was location of hit<and<run and in #? ? & telephone report Caniff is area where he later si"hts the vehicle after purportedly leavin" accident scene+ ';) Conant and Commor intersection is nowhere mentioned in the : version of %elcastro, nor is Commor (venue mentioned at all< the #? ? & telephone version recorded by Miles,i cites Caniff as the area where %elcastro cau"ht up to the vehicle after attemptin" to locate it. 2#. @n $ecember , #5 & Miles,i si"ned a misdemeanor citation char"in" Plaintiff

with leavin" the scene of an accident+ as complaint he certified that 8= declare under penalties of perCury that the statements above are true to the best of my information, ,nowled"e and belief.9 2&. (t about #:57 p.m. on #? ? &, S"t. Milews,i served a misdemeanor appearance

tic,et upon Plaintiff at $PS offices. -

2-.

(t about &:56 p.m. on #? ? & Plaintiff served a ;reedom of =nformation (ct call of %elcastro.

reBuest any and all written documents and voice recordin" related to : 2/.

(t appro0imately /:56 p.m on #? ? & Plaintiff received a phone call from

Miles,i to 8tear<up9 the appearance tic,et<the matter will not be pursued. 22. Hamtramc,. 26. $efendant Miles,i initiated an e0 parte communication to 4ud"e Paul 4. Paru, to *hat said misdemeanor tic,et had been filed in the &
st

4udicial $istrict Court in

dismiss the criminal case a"ainst Plaintiff < he refused. 27. Plaintiff received a Notice to (ppear for $istrict Court arrai"nment on the char"e

on $ecember #2, #5 & at 7:&5 a.m. 2:. Per the Ee"ister of (ctions of the case, the City (ttorney reBuested dismissal of

the action and the action was dismissed without preCudice by 4ud"e Paru,+ neither Plaintiff nor his attorney were "iven prior notice of this dismissal hearin" on $ecember 6, #5 &. 65. ;ollowin" case dismissal, Plaintiff continued to receive hostile action from the

Hamtramc, Police $epartment: '() Chief Ma0 1arbarino ma,in" on"oin" derisive comments about Plaintiffs Chaldean identity+ '%) on ;ebruary #, #5 - Dt. Smisc, arbitrarily confiscatin" 'due to color) PlaintiffGs photo identification bad"e needed to interact with public+ 'C) *ardif failin" to pass alon" information of water main brea,s to Plaintiff for five hours resultin" in unreasonably delayed response time. '$) on 4anuary 6, #5 - at :&/ a.m., Christine (t,ins, a par,in" enforcement officer, told Plaintiff 8you are too busy with your sand meetin"s9< this was said in the presence of other city employers and the director of the Human Eesource $ept. was placed on notice of this slur. 6 . Plaintiff on $ecember &5, #5 &, served a ;reedom of =nformation (ct reBuest for /

D.=N records relative to himself, (dam *ardif and the aforesaid %la3er+ this was denied. COUNT I6 VIO#ATION OF WHIST#E "#OWER;S PROTECTION ACT 6#. 6&. Para"raph @ne throu"h Seventy<@ne are incorporated herein by reference. Plaintiff at all relevant times herein has been an 8employee9 as defined under

MCD /.&2 + prior to ;ebruary #7, #5 # Plaintiff was an 8employee9 pursuant to the 8economic reality test9. 6-. *he City of Hamtramc, is an employer within the meanin" set forth at /. &2 'a)

and other $efendants are 8a"ents9 of the employer as also defined by that subsection. 6/. *he Hamtramc, City Council, the Hamtramc, Police $epartment, the Human

Eesources $epartment, the office of 8emer"ency mana"er9, and the City of Hamtramc, itself each constitute a 8public body9 under MCD /.&2 'd)' )<'vi). 62. Plaintiff reported violations of or suspected violations of law, re"ulation or rule to

public bodies, as pled supra, as to misconduct either committed or suspected to have been committed by (dam *ardif with respect to his employment at Campu %otsford and his operation of $.( *owin" as well as his conduct in investi"atin" the bro,en tailli"ht and the purported hit< and<run accident. 66. Plaintiff suffered adverse employment action as a result of initiatin" said reports

to public bodies includin", but not limited to, on<the<Cob retaliation: '() initiatin" "roundless, discourteous and biased investi"ations calculated to intimidate, harass and publicly embarrass Plaintiff+ '%) initiatin" a "roundless and malicious criminal action+ 'C) ma,in" repeated dero"atory and offensive remar,s re"ardin" PlaintiffGs =raBi Chaldean national ori"in and reli"ion+ 2

'$) interferin" with his ability to function at his employment by, amon" other thin"s, failin" to report water main brea,a"e for hours, confiscatin" his photo identification, brea,in" into his city<issued vehicle. 67. *hat Plaintiff has made reasonably prompt notice of these acts of retaliation to

various public body supervisory personnel as pled, supra, but no reasonable remedial action has ta,en, resultin" in Plaintiff bein" e0posed to a chronic hostile wor, and citi3en environment. 6:. *here e0ists a causal connection between PlaintiffGs en"a"in" in protected activity

and the adverse action pled, supra, directly and pro0imately resultin" in dama"e and inCury to Plaintiff. 75. Such dama"e and inCury included emotional distress, pain and sufferin", wor,

loss, attorney fees in defendin" a frivolous police investi"ation, embarrassment and humiliation and mental an"uish. COUNT II6 MA#ICIOUS CRIMINA# PROSECUTION 7 . 7#. Para"raphs @ne throu"h .i"hty are incorporated herein by reference. $efendant %elcastro, *ardif, and Miles,i and City of Hamtramc, did institute or

cause to be instituted and continued a criminal hit<and<run char"e punishable by up to ninety ':5) days in Cail a"ainst the Plaintiff. 7&. Said proceedin" was terminated in PlaintiffGs favor on $ecember 6, #5 & when

4ud"e Paru, dismissed the case upon motion of the City of (ttorney. 7-. *hat there was an absence of probable cause for the proceedin", especially "iven call by dispatcher

the denials of Plaintiff and, the recorded statements received durin" the : Eobinson. 6

7/.

*hat each of the three $efendants was motivated by malice or a primary purpose

other than brin"in" an offender to Custice. 72. *hat as a direct and pro0imate result of said institution of criminal proceedin"s,

Plaintiff sustained dama"e and inCury. 76. Such dama"e and inCury includes attorney fees, mental an"uish, embarrassment,

wor, loss, and emotional distress. COUNT III6 A"USE OF PROCESS 77. 7:. Para"raph @ne throu"h .i"hty<Seven are incorporated herein by reference. $efendant %elastro, *ardif, Miles,i and City of Hamtramc, had ulterior purposes

in institutin" or causin" to institute a misdemeanor hit<and<run char"e a"ainst Plaintiff to discredit and humiliate Plaintiff due to his repeated reportin" of unethical practices in City of Hamtramc, "overnment. :5. *hat $efendants %elcastro and *ardif ,nowin"ly caused false police report

documents to issue to incriminate Plaintiff with the intent to frame him as to an incident which was manufactured and fraudulent. : . $efendant Miles,i falsely certified under penalty of perCury that the char"e was recordin" of the report was

accurate despite the fact he ,new that dispatcher Eobinson and a :

e0culpatory and fully e0oneratin" of Plaintiff and proved conclusively that the hit<and<run report was a malicious sham. :#. $efendant Miles,i only attempted to see, dismissal of the char"e when Plaintiff

was about to receive the e0culpatory proof under a ;@=( reBuest. :&. Milews,i improperly attempted to see, dismissal and the City (ttorney also

improperly sou"ht dismissal pursuant to e0 parte communications. 7

:-.

(s a direct and pro0imate result of said abuse of process, Plaintiff has sustained

all dama"e and inCury pled, supra. COUNT IV6 VIO#ATION OF FREE!OM OF INFORMATION ACT :/. :2. Para"raphs @ne *hrou"h Ninety<;our are incorporated herein reference. *he City of Hamtramc, failed to issue a timely response to PlaintiffGs $ecember

&5, #5 & reBuest for D.=N records 'see .0hibits $ and .) in violation of MCD /.#&/'#). :6. $efendant City of Hamtramc, violated ;@=( in its 4anuary /, #5 - for not citin"

any specific le"al section or 8e0planation of the basis9 of the purported e0emption from disclosure in dero"ation of MCD /.#&/'-)'a). :7. Plaintiff is entitled to dama"es for the cityGs non<compliance with MCD /.#&/'#)

includin" an award of costs, disbursements, and attorney fees, and also an award of punitive dama"es. COUNT V6 VIO#ATION OF *7 USC 0:58 ::. 55. Para"raphs @ne throu"h Ninety<.i"ht are incorporated herein by reference. *hat $efendants, actin" under color of state law, or in the case of $avid

%elcastro, conspirin" with one or more state actors, intentionally deprived Plaintiff of: '() his ri"hts "uaranteed under the .Bual Protection Clause of the -th (mendment by committin" the acts of discrimination on account of national ori"in and reli"ion by virtue of conduct pled, supra. '%) of his ri"hts "uaranteed under the $ue Process Clause of the -th (mendment by failin" to initiate appropriate remedial measures, but actin" with deliberate indifference after learnin" of on"oin" acts of police harassment a"ainst Plaintiff includin" retaliation+ 'C) to PlaintiffGs ;irst (mendment ri"hts to spea, out a"ainst matters of public interest and to associate with and advocate on behalf of minority :

citi3ens+ '$) of PlaintiffGs substantive due process ri"hts a"ainst filin" of malicious and "roundless criminal proceedin"s+ '.) of his liberty interest under the $ue Process Clause to be free of harassin" and retaliatory conduct due to his e0ercise of his constitutional ri"hts and his national ori"in or reli"ion+ ';) of ri"hts a"ainst arbitrary and discriminatory police conduct established by the Civil Ei"hts (ct of :2-. 5 . (s a direct and pro0imate result of such violations, Plaintiff has sustained all

inCury and dama"e pled supra herein. COUNT VI6 VIO#ATION E##IOT6#ARSEN CIVI# RIGHTS ACT 5#. Para"raphs @ne throu"h @ne<Hundred and @ne are incorporated herein by

reference. 5&. Plaintiff, as an =raBi Chaldean, is a protected individual under the .lliott<Darsen

Civil Ei"hts (ct due to his national ori"in and reli"ion. 5*hat by the acts pled supra, $efendant city employees of Hamtramc, denied

Plaintiff the full and eBual enCoyment of the services, facilities, privile"es and advanta"es of the 8public service9 of police services because of national ori"in or reli"ion, all in violation of MCD &6.#&5#'a). 5/. Said police as a direct and pro0imate of said violations of MCD &6.#&5&, the

individual Plaintiff has sustained all inCury and dama"e pled supra, herein. COUNT VII6 INTENTIONA# INF#ICTION OF EMOTIONA# !ISTRESS 52. Para"raphs @ne throu"h @ne Hundred and ;ive are incorporated herein by #5

reference. 56. %y virtue of the acts pled above, each $efendant has committed intentional and

outra"eous acts tar"eted to deny Plaintiff his constitutional ri"hts and were calculated to induce severe emotional mental and physical trauma to Plaintiff, pro0imately causin" all inCury and dama"e pled supra. !H.E.;@E., Plaintiff Steve Shaya respectfully prays that this Honorable Court award him the followin" relief: '() fees+ '%) 'C) costs, interest and attorney fees under civil ri"hts law pled+ *.E.@ and preliminary inCunctive relief a"ainst $efendants to protect Plaintiff in ;@=( enforcement, includin" actual and punitive dama"es, costs and attorney

his ri"hts to non<discriminatory employment+ '$) '.) ';) all "eneral and special dama"es available under law+ declaratory relief as to the enforceability of any arbitration enforcement claims+ any other relief deemed Cust and eBuitable. Eespectfully submitted, ?s? M. Michael Koroi ?s? M. Michael Koroi 'P---65) (ttorney for Plaintiff shaya.comp