Case 5:16-cv-00929-NAM-ATB Document 1 Filed 07/27/16 Page 1 of 9

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK
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EVELYN TENNYSON,
Plaintiff,

COMPLAINT
JURY TRIAL DEMANDED
5:16-cv-929 (NAM/ATB)

-against-

THE CITY OF SYRACUSE, SYRACUSE POLICE

CHIEF FRANK FOWLER in his official capacity and
POLICE OFFICER KELSEY FRANCEMONE sued
herein in her capacity as an individual,
Defendants
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Plaintiff Evelyn Tennyson, by her attorney, Fred Lichtmacher of The Law Office
of Fred Lichtmacher P.C., complaining of the defendants herein, respectfully alleges as follows:
JURISDICTION AND VENUE
1.

This action arises under 42 U.S.C. 1983 and the Fourth and Fourteenth

Amendments to the United States Constitution. Subject matter jurisdiction is conferred pursuant
to 28 U.S.C. 1331 and 1343 (a) (3 & 4).
2.

Pursuant to 28 U.S.C. 1391(b)(2), venue is proper in the Northern

District of New York because events forming the basis of this Complaint occurred in that
District.
PARTIES
3.

At all times relevant, plaintiff Evelyn Tennyson was a resident of the City

of Syracuse, Onondaga County in the State of New York and she is an African-American female.
4.

Upon information and belief, at all times hereinafter mentioned, the CITY
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OF SYRACUSE was and still is a municipal corporation duly organized and existing under and
by virtue of the laws of the State of New York.
5.

Upon information and belief, that at all times hereinafter mentioned,

Syracuse, its agents, servants and employees operated, maintained and controlled the Syracuse
Police Department (SPD), including all the police officers thereof.
6.

Upon information and belief, at all times hereinafter mentioned,

defendants SYRACUSE POLICE CHIEF FRANK FOWLER and SYRACUSE POLICE

OFFICER KELSEY FRANCEMONE, were employed by Syracuse, as members of its police
department and defendant FOWLER is sued herein in his official capacity and defendant
FRANCEMONE is sued in her capacity as an individual.
7.

Defendants were at all times relevant duly appointed and acting as

employees of the SPD.

8.

This action arises under the United States Constitution, particularly under

the provisions of the Fourth and Fourteenth Amendments and under the Civil Rights Act, Title
42 of the United States Code, Section 1983.
9.

At all times relevant, the individual defendants were acting in their

capacities as state actors under color of state law.

FACTS UNDERLYING
PLAINTIFFS CLAIMS FOR RELIEF
10.

On June 19, 2016 there was an evening Fathers Day party in Syracuses

Near West Side in the James Geddes Apartments area.

11.

Shortly after 11:00 p.m. there were a few shots fired by people attending

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the party.
12.

Defendant Police Officer Kelsey Francemone arrived on the scene and

began running and firing her weapon recklessly into the crowd emptying an entire clip and then
reloading and firing again at people running from behind them and striking, upon information
and belief, at least three individuals, one of whom was Ms. Tennyson.
13.

The plaintiff, who was pregnant at that time, was struck in her leg and

received a serious injury requiring hospitalization and causing her to miss one month of work.
14.

Statements were issued after the incident that the defendant Police Officer

Kelsey Francemone, was violently abused by the crowd; these statements are patently false.
15.

Afterwards, defendant Fowler informed Ms. Tennyson that it could not

have been a police bullet which struck her because it shattered; this statement is patently false.
16.

After the incident, several witnesss homes were broken into and cell

phones which may have had videos of the incident were ceased for no legitimate law
enforcement purpose other than to protect the police from liability.
17.

Members of the Syracuse Police Department have been repeatedly warning

witnesses not to post videos or make statements on social media or elsewhere about the incident
and said warnings were given with no legitimate law enforcement goal in mind.
FIRST CLAIM FOR RELIEF ON BEHALF OF PLAINTIFF
DEPRIVATION OF PLAINTIFFS LIBERTY INTEREST
PROTECTED BY THE DUE PROCESS CLAUSE OF THE
FOURTEENTH AMENDMENT VIA AN ACCIDENTAL SHOOTING
18.

Plaintiff repeats, reiterates and realleges each and every allegation

contained in the prior paragraphs as if fully stated herein.

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19.

Ms. Tennysons rights have been violated pursuant to the due process

clause of the Fourteenth Amendment to the United States Constitution by the deprivation of her
liberty interest via her being shot.
20.

The defendant Francemones actions in running and shooting repeatedly

into a crowd shocks the conscious and caused Ms. Tennysons harms.
21.

As a direct consequence of defendants actions, plaintiff was deprived of

rights, privileges and immunities pursuant to the Fourth and Fourteenth Amendments to the
United States Constitution, and more particularly, it resulted in a deprivation of her liberty
interest protected by the due process clause of the Fourteenth Amendment.
22.

As a result of defendants actions, plaintiff sustained physical injuries,

including permanent and non-permanent physical injuries, pain and suffering, scarring, emotional
harms, she was pecuniarily harmed and she was otherwise harmed.
23.

By reason of the aforesaid, the plaintiff has been damaged and she is

entitled to compensatory damages in a sum not less than $1,000,000.00 (ONE MILLION)
DOLLARS as well as punitive damages in an amount to be determined at trial and plaintiff is
entitled to an award of attorneys fees and costs pursuant to 42 USC 1988.
SECOND CLAIM FOR RELIEF ON BEHALF OF PLAINTIFF
EXCESSIVE FORCE IN VIOLATION OF THE
FOURTH AND FOURTEENTH AMENDMENTS
TO THE UNITED STATES CONSTITUTION
24.

Plaintiff repeats, reiterates and realleges each and every allegation

contained in the prior paragraphs as if fully stated herein.

25.

Ms. Tennysons rights have been violated pursuant to the Fourth

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Amendment to the United States Constitution made applicable to the statues by virtue of the
Fourteenth Amendment pursuant to 42 U.S.C. 1983, via her being subjected to excessive and
unreasonable force.
26.

The defendant Police Officer Francemone shot Ms. Tennyson

unnecessarily and maliciously without the need to use any force, much less the excessive,
gratuitous and potentially deadly force she employed.
27.

As a direct consequence of defendants actions, plaintiff was deprived of

rights, privileges and immunities pursuant to the Fourth Amendment to the United States
Constitution, and more particularly, her right to be free from the use of excessive and
unreasonable force.
28.

As a result of defendants actions plaintiff sustained physical injuries,

including permanent and non-permanent physical injuries, pain and suffering, scarring,
emotional harms, she was pecuniarily harmed and she was otherwise harmed.
29.

By reason of the aforesaid, the plaintiff has been damaged and she is

entitled to compensatory damages in a sum not less than $1,000,000.00 (ONE MILLION)
DOLLARS as well as punitive damages in an amount to be determined at trial and plaintiff is
entitled to an award of attorneys fees and costs pursuant to 42 USC 1988.
THIRD CLAIM FOR RELIEF ON BEHALF OF PLAINTIFF
PURSUANT TO 42 U.S.C. 1983 AGAINST DEFENDANT SYRACUSE
i.e., MONELL CLAIM
30.

Plaintiff repeats the allegations contained in the prior paragraphs as if fully stated

31.

Syracuse is liable to the plaintiff for having violated plaintiffs rights protected by

herein.

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the Fourteenth and Fourth Amendments to the United States Constitution via a deprivation of
liberty due to her being shot and via the use of unnecessary and unreasonable force against her.
32.

As a de facto policy, Syracuse tolerates members of the SPD committing acts

violating the rights of members of the African American community.

33.

As a de facto policy, Syracuse tolerates members of the SPD using excessive force

against members of the African American community.

34.

As a de facto policy, Syracuse tolerates members of the SPD treating members of

the African American community differently and worse, than other citizens.
35.

As a de facto policy Syracuse tolerates overtly racist acts by its officers against

members of the African American community.

36.

Syracuse operates and controls a police department with numerous members who

are openly insensitive and hostile to the African American community.

37.

As a de facto policy, Syracuse fails to discipline members of the SPD for

committing acts violating the rights of members of the African American community.
38.

As a de facto policy, Syracuse fails to discipline members of the SPD for

employing excessive force against members of the African American community.

39.

As a de facto policy, Syracuse fails to discipline members of the SPD for treating

members of the African American community differently and worse, than other citizens.
40.

As a de facto policy Syracuse fails to discipline members of the SPD for overtly

racist acts against members of the African American community.

41.

There are frequent complaints against the SPD brought to Internal Affairs and to

the Citizens Review Board and the SPD takes no effective action to remedy the ongoing
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problems complained of regarding its SPD officers.

42.

In spite of the frequent complaints, defendant Fowler has failed to take measures

to remedy the disparate and worse treatment minority citizens receive at the hands of the SPD,
directly resulting in plaintiffs harms.
43.

Despite having an African American police chief, Syracuse has tolerated and even

cultivated racial animosity towards its minority communities within the police department.
44.

Due to its de facto policies and its deliberate indifference to obvious problems

within the SPD, Syracuse has created the conditions which caused plaintiffs harms.
45.

There exists animosity, distrust and hatred between the Syracuse Police

Department and the African American community, created due to the SPDs tolerance of racism
which led directly to the defendant firing wildly into the crowd of mostly African Americans and
which directly led to plaintiffs harms.
46.

Defendant Syracuse via its de facto policy of tolerating the abuse of African

Americans, caused plaintiff to sustain physical injuries, including permanent and non-permanent
physical injuries, pain and suffering, emotional harms, she was pecuniarily harmed and she was
otherwise harmed.
47.

By reason of the aforesaid, the plaintiff has been damaged and she is entitled to

compensatory damages of not less than $1,000,000.00 (ONE MILLION) DOLLARS and an
award of attorneys fees is appropriate pursuant to 42U.S.C. 1988.

WHEREFORE, plaintiff respectfully request that judgment be entered as follows:

(A)

Declaratory relief finding that plaintiff Evelyn Tennysons rights

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under the United States Constitution were violated;

(B)

Compensatory damages to be determined at trial in a sum not less

than $1,000,000.00 (ONE MILLION) DOLLARS

(C)

By reason of the wanton, willful and malicious character of the conduct

complained of herein, punitive damages against the individual defendant
in an amount to be determined at trial;

(D)

An award to plaintiff of the costs and disbursements herein;

(E)

An award of attorneys fees under 42 U.S.C. 1988; and

(F)

Such other and further relief as this Court may deem just and
proper.

Dated: New York, New York

July 27, 2016
/s/
FRED LICHTMACHER 513193
The Law Office of Fred Lichtmacher P.C.
Attorney for Plaintiff
2 Wall Street 10th Floor
New York, New York 10005
Tel. No. (212) 922-9066
To:

The City of Syracuse

City of Syracuse Corporation Counsel
233 E Washington St
Syracuse, NY 13202
SYRACUSE POLICE CHIEF FRANK FOWLER
511 S State Street
Syracuse New York 13202
POLICE OFFICER KELSEY FRANCEMONE
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511 S State Street

Syracuse New York 13202

Case 5:16-cv-00929-NAM-ATB Document 1-1 Filed 07/27/16

Page 1 of 1
5:16-cv-929

$400.00
0206-3742878

NAM

ATB