UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
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NICHOLAS ZIMMERMAN
JURY TRIAL DEMAND
1983, 1985 and 1986 Complaint
Plaintiffs
V.
Assistant Inspector General T. Todd, Commissioner’s
Hearing Officer Joseph Wolczyk, Superintendent
Harold Graham, Psychologist Kenneth E. Wosneski,
Mental Health Unit Chief Susan Strickland, Mental
Health Specialist Doctor Iqbal, Social Worker
Daniel Valla, Psychologist John Henderson, Director
Of Special Housing Norman Bezio, Social Worker Jennifer
L. Bordonaro, Social Worker Daniel Berns, Mental
Health Specialist Doctor Widroff, Mental Health
Specialist Doctor Luis E. Hernandez, Social
Worker T. Strabel, Mental Health Specialist
Doctor Emilia A. Rutigliano, Mental Health Unit
Chief Scott Clair, Mental Health Clinician
Richard Pautz, Mental Health Specialist Doctor
Kaplan, Mental Health Specialist Anthony J. Devito,
Mail Clerk L. Pearl, Lieutenant D. Borawski,
Deputy Paul Chappius, Deputy Dolce, Mental Health
Clinician Lisa Trapazzo, Inspector General
Director of Operations Vernon Fonda,
Prisoner’s Legal Services Staff Paralegal,
Catherine Massari, Captain Robinson,
Associate Director at Central New York
Psychiatric Center James Morgan,
Deputy Commissioner Anthony Annucci,
Acting Director of Special Housing
Albert Prack, Director of Inmate
Grievance Program Karen Bellamy,
Deputy Commissioner Kenneth S. Perlman,
Captain Brown, Legal Mail Officer
J. Prusak
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INTRODUCTION
Plaintiff, Nicholas Zimmerman is a New York State prisoner currently confined to solitary at Attica Correctional Facility. Plaintiffs Carol Willis, James Willis², Desiray Smith, Charity Powers, Melissa Mojica, Amy Pinckney, Tomasz Mieczkowski, Crystal Stevens, Jodi Berndt, Sharlyne Gooding are all free citizens of America. The Plaintiffs bring this action against the above named Defendants because the Defendants have formed a massive inter-departmental conspiracy to violate the Plaintiff’s First Amendment right to Freedom of Speech, Fourteenth Amendment right to Due Process of Law and Equal Protection, Sixth Amendment right to Effective Assistance of Counsel and Fourth Amendment Unreasonable Seizure and Confinement rights. Mainly, the Defendants have formed this conspiracy to stop the Plaintiff’s operations of www.FREENicholasZimmerman.com which include a book entitled My Side of The Story/The Investigation/Part I, a CD entitled New York’s Illest, as well as several other items that are adverse to the Department of Corrections public image. The above products and website are all a subsidiary of Madison Avenue Entertainment Group.
JURISDICTION
This is a Civil Rights action brought under 42 USC 1983, 1985 and 1986. This Court has jurisdiction under 28 USC 1331 and 1343. The Plaintiff’s are entitled to declaratory relief pursuant to 28 USC 2201, Et seq. Plaintiffs also invokes the pendent jurisdiction of this Court.
PARTIES
Nicholas Zimmerman
02A1663
Attica Correctional Facility
P. O. Box 149
Attica, NY 14011
DEFENDANT PARTIES
Assistant Inspector General, T. Todd Commissioner Hearing Officer Joseph Wolczyk
The NYS Inspector General’s Office Auburn Correctional Facility
1220 Washington Ave P. O. Box 618
Albany, NY 12224 Auburn, NY 13024
Superintendent Harold Graham Psychologist Kenneth E. Wosneski
Auburn Correctional Facility Auburn Correctional Facility
P. O. Box 618 P. O. Box 618
Auburn, NY 13024 Auburn, NY 13024
Mental Health Unit Chief Susan Strickland Mental Health Specialist Doctor Iqbal
Auburn Correctional Facility Auburn Correctional Facility
P. O. Box 618 P. O. Box 618
Auburn, NY 13024 Auburn, NY 13024
Social Worker Daniel Valla Psychologist John Henderson
Auburn Correctional Facility Auburn Correctional Facility
P. O. Box 618 P. O. Box 618
Auburn, NY 13024 Auburn, NY 13024
Director of Special Housing Norman Bezio Social Worker Jennifer L. Bordonaro
Department of Correctional Services Auburn Correctional Facility
Harriman State Campus – Building 2 P. O. Box 618
1220 Washington Avenue Auburn, NY 13024
Albany, NY 12226-2050
Social Worker Daniel Berns Mental Health Specialist Doctor Widroff
Auburn Correctional Facility Auburn Correctional Facility
P. O. Box 618 P. O. Box 618
Auburn, NY 13024 Auburn, NY 13024
Mental Health Specialist Doctor Luis Social Worker T. Strabel
Hernandez Attica Correctional Facility
Auburn Correctional Facility P. O. Box 149
P. O. Box 618 Attica, NY 14011
Auburn, NY 13024
Mental Health Specialist Doctor Emilia A. Mental Health Unit Chief Scott Clair
Rutigliano P. O. Box 149
P. O Box 149 Attica, NY 14011
Attica, NY 14011
Mental Health Clinician Richard Pautz Mental Health Specialist Doctor Kaplan
P. O. Box 149 Central New York Psychiatric Center
Attica, NY 14011 P. O. Box 300
Marcy, NY 13403
Mental Health Specialist Doctor Anthony Mail Room Clerk L. Pearl
J. Devito P. O. Box 149
Central New York Psychiatric Center Attica, New York 14011
P. O. Box 300
Marcy, NY 13403
STATEMENT OF FACTS
On July 9th, 2009, Senior Investigator for the New York State Inspector General’s office, T. Todd violated Plaintiff’s Zimmerman, Powers, Mojica, Willis, Pinckney, Mieczkowski, Gooding, Willis², Berndt, and Stevens First Amendment Freedom of Speech rights, and Fourteenth Amendment Due Process and Equal Protection rights when he issued a misbehavior report alleging that Plaintiff Zimmerman was involved in a “conspiracy” with the above named plaintiffs to run a business, to-wit Madison Avenue Entertainment Group. Todd’s misbehavior report was the initiation point of the conspiracy by DOCS to violate all the plaintiff’s constitutional rights.
On July 23rd, 2009 Commissioner’s Hearing Officer, Joseph Wolczyk joined the conspiracy by affirming Todd’s misbehavior report. Wolczyk also violated Plaintiff Zimmerman’s Due Process rights by refusing to allow Zimmerman to call witnesses at the disciplinary hearing, refusing to allow Zimmerman to gather documentary evidence and prepare a defense, by affirming the misbehavior report that wasn’t written as soon as practicable and by not being fair and impartial. Wolczyk also violated Plaintiffs Zimmerman, Powers, Mojica, Willis, Pinckney, Miezkowski, Gooding, Willis², Berndt and Stevens First Amendment Freedom of Speech rights and Fourteenth Amendment Due Process and Equal Protection rights when, as part of his disposition, he restricted Zimmerman’s correspondence privileges with everyone including, but not limited to, the above named Plaintiffs.
On August 15th, 2009 Superintendent Harold Graham joined the conspiracy and violated Plaintiff Zimmerman, Powers, Mojica, Willis, Pinckney, Mieczkowski, Gooding, Willis², Berndt, and Stevens First Amendment right to Freedom of Speech and Fourteenth Amendment Due Process and Equal Protection rights by affirming the disciplinary hearing and final disposition of Wolczyk.
On August 17th, 2009, Kenneth Wosneski, joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by holding plaintiff in a observation cell from August 17th, 2009 through October 23, 2009.
On August 17 2009, Susan Strickland joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by affirming Wosneski’s decision to hold Plaintiff in an observation cell from August 17th, 2009 through October 23, 2009.
On August 17, 2009, Dr. Iqbal joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by affirming Wosneski’s decision to hold Plaintiff in an observation cell from August 17th, 2009 through October 23rd, 2009.
On September 15, 2009, Director of Special Housing, Norman Bezio joined the conspiracy and violated Plaintiff Zimmerman, Powers, Mojica, Willis, Pinckney, Mieczkowski, Gooding, Willis², Berndt, and Stevens First Amendment right to Freedom of Speech and Fourteenth Amendment right to Due Process and Equal Protection by affirming the disciplinary hearing and final disposition of Wolczyk.
On August 26th, 2009, Daniel Valla joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by learning of Plaintiff’s illegal confinement and agreeing with Defendant Wosneski to continue it.
On August 27th, 2009, John Henderson joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by learning of Plaintiff’s illegal confinement and agreeing with Defendant Wosneski to continue it.
On October 8th, 2009, Jennifer L. Bordonaro joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by learning of Plaintiff’s illegal confinement and agreeing with Defendant Wosneski to continue it.
On October 9th, 2009, Daniel E. Berns joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by learning of Plaintiff’s illegal confinement and agreeing with Defendant Wosneski to continue it.
On October 13th, 2009, Doctor Widroff joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by affirming Wosneski’s decision to hold Plaintiff in an observation cell from August 17th, 2009 through October 23, 2009.
On October 19th, 2009, Doctor Luis E. Hernandez joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by affirming Wosneski’s decision to hold Plaintiff in an observation cell from August 17th, 2009 through October 23rd, 2009.
On October 23rd, 2009, Defendant T. Strabel joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by learning of Plaintiff’s illegal confinement and agreeing with Defendant Wosneski to continue it.
On October 23rd, 2009, Defendant Doctor Emilia A. Rutigliano joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by affirming T. Strabel’s decision to hold Plaintiff in an observation cell from October 23, 2009 through November 9th, 2009.
On October 23rd, 2009 Defendant Scott Clair joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by affirming T. Strabel’s decision to hold Plaintiff in an observation cell from October 23rd, 2009 through November 9th, 2009.
On October 27th, 2009 Defendant Richard Pautz joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights and rights against the prevention of self-harm ideations when learning of Plaintiffs suicidal plans on October 27th and October 28th 2009 and not taking the necessary legal steps to prevent it.
On August 17th, 2009, Defendant Doctor Kaplan joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by affirming the decisions of Unit Chief, Susan Strickland and Unit Chief, Scott Clair to continue Plaintiff’s confinement to an observation cell from August 17th, 2009 through November 9th, 2009.
On August 17th, 2009, Defendant Anthony J. Devito joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by affirming the decisions of Unit Chief, Susan Strickland and Unit Chief, Scott Clair to continue Plaintiff’s confinement to an observation cell from August 17th, 2009 through November 9th, 2009.
On March 26th, 2010, L. Pearl joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights, and Fourth Amendment Unreasonable Seizure and Confinement rights by illegally reading Plaintiff’s mail without authorization from the facility Superintendent and issuing a disciplinary infraction based on the contents of the mail.
On April 1st, 2010, LT. D. Borawski joined the conspiracy and violated Plaintiff’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process and Equal Protection rights by affirming L. Pearl’s disciplining infraction.
On April 6th, 2010, Deputy Paul Chappius joined the conspiracy and violated plaintiff’s First Amendment Right to freedom of Speech by denying Plaintiff’s grievance concerning the destruction of his mail.
On April 13th, 2010, Deputy Dolce joined the conspiracy and violated Plaintiff’s First Amendment right to Freedom of Speech by denying Plaintiff’s complaint concerning the destruction of his mail.
On April 15th, 2010, Lisa Trapazzo joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment Freedom of Speech rights, Fourteenth Amendment Due Process of Law and Equal Protection by refusing to make notes in Plaintiff’s mental health chart about the problems he was having with his mail in Attica.
On April 19th, 2010, The Inspector General Director of Operations, Vernon Fonda joined the conspiracy and violated Plaintiff’s First Amendment right to Freedom of Speech by refusing to investigate Plaintiff’s complaint about the destruction of his mail.
On April 26th, 2010, Catherine Massari of Prisoner’s Legal Services joined the conspiracy and violated Plaintiff’s First Amendment right to Freedom of Speech and Sixth Amendment right to effective assistance of counsel when she refused to release legal documents pertaining to my Article 78 petition to my new lawyer and business associate.
On April 28th, 2010, Captain Robinson joined the conspiracy and violated Plaintiff Zimmerman, Miezkowski and DiCola’s First Amendment right to Freedom of Speech when he denied Plaintiff’s complaint concerning the destruction of his mail.
On May 17th, 2010, James Morgan joined the conspiracy and violated Plaintiff Zimmerman’s First Amendment right to Freedom of Speech and Fourteenth Amendment right to Due Process of law and Equal Protection when he affirmed Lisa Trapazzo’s decision not to make notes in Plaintiff’s mental health chart about the destruction of his mail.
On May 19th, 2010, Anthony Annucci joined the conspiracy and violated Plaintiffs Zimmerman, Mieczkowski and DiCola’s First Amendment right to Freedom of Speech when he ignored plaintiff’s letter which requested to review audio/video footage of the SHU gallery in Attica C. F.
On May 27th, 2010, Albert Prack joined the conspiracy and violated Plaintiffs Zimmerman and DiCola’s First Amendment right to Freedom of Speech, Fourteenth Amendment right to Due Process of law and Equal Protection when he affirmed the disposition by Defendant Borawski.
On June 16th, 2010, and July 7th, 2010, Karen Bellamy joined the conspiracy and violated Plaintiffs Zimmerman, Mieczkowski and DiCola’s First Amendment right to Freedom of Speech by affirming the decisions of Captain Robinson and Deputy Chappius.
On June 28th, 2010, Deputy Commissioner, Kenneth S. Perlman joined the conspiracy and violated Plaintiffs Zimmerman, Mieczkowski and DiCola’s First Amendment right to Freedom of Speech by refusing to investigate Plaintiff’s complaint concerning the destruction of his mail.
On July 1st, 2010, Captain Brown joined the conspiracy and violated Plaintiff’s 8th Amendment rights against Cruel and Unusual Punishment by refusing to remove Plaintiff from solitary confinement after learning of his serious mental illness.
Between June 11, 2010 and August 11, 2010, Legal Mail Officer, J. Prusack joined the conspiracy and violated Plaintiff’s Zimmerman and Smith’s rights to access the courts, freedom of speech and privileged mail when he destroyed, copied and/or open plaintiffs legal mail 24 times outside of plaintiffs presence.
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