Retired NYPD Captain Sues Pension Board Alleging Discrimination

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX

x WILLIAM GUTIERREZ

SUMMONS Plaintiff,

-against- Index No.:

THE CITY OF NEW YORK; NEW YORK CITY POLICE PENSION FUND; WILLIAM J. BRATTON, as Police Commissioner and Chairman of the Board of Trustees of the New York City Pension Fund; ROSEMARY DeBELLIS, as Chairperson, Board of Trustees, New York City Police Pension Fund; RUBY MARIN-JORDAN, ESQ., as Trustee, New York City Police Pension Fund; CAROLYN WOLPERT, as Trustee, New York City Police Pension Fund; SUSANNAH VICKERS, as Trustee, New York City Police Pension Fund; JACQUELINE GOLD, as Trustee, New York City Police Pension Fund; JOHN DORSA, as Trustee, New York City Police Pension Fund and ANTONIO RODRIGUEZ, as Trustee, New York City Police Pension Fund each being sued individually in their official capacities as employees of defendant THE CITY OF NEW YORK and NEW YORK CITY POLICE PENSION FUND

Defendants' x

N)

To the above-named defendants' THE CITY OF NEW YORK; NEW YORK CITY POLICE—PENSION FUND; WILLIAM J. BRATTON; ROSEMARY DeBELLIS; RUBY MARIN-JORDAN, ESQ.; CAROLYN WOLPERT; SUSANNAH VICKERS; JACQUELINE GOLL),— JOHN DORSA and ANTONIO RODRIGUEZ:

You are hereby summoned and required to serve upon plaintiff's attorney, at the address

stated below, an answer to the attached Verified Complaint.

If this summons was personally served upon you by the State of New York, the answer

must be served within twenty days after such service of the summons, excluding the date of

service. If the summons was not personally delivered to you within the State of New York, the

answer must be served within thirty days after service of the summons is complete as provided

SI AZ 83S 12 by law. Lt

If you do not serve an answer to the attached complaint within the applicable time

limitation stated above, a judgment may be entered against you, by default, for the relief

demanded in the complaint, without further notice to you.

The action will be heard in the Supreme Court of the State of New York, in and for the

County of the Bronx, 851 Grand Concourse, Bronx, N.Y. 10451. This action is brought in the

County of the Bronx because the defendant's actions occurred in the County of the Bronx.

Dated: September 11, 2015 New York, NY

Respectfully submitted,

By: Eric Sanders

Eric Sanders, Esq. THE SANDERS FIRM, P.C. 230 Park Avenue, Suite 1000 New York, NY 10169 (212) 808-6515 (Business Telephone) (212) 729-3062 (Facsimile)

Website: http://www.thesandersfirmpc.com


WILLIAM GUTIERREZ x

VERIFIED COMPLAINT Plaintiff,

-against- Index No.: „1014


Defendants'

T

N.)

CJ1 C.J1

x

The plaintiff WILLIAM GUTIERREZ by his attorney THE SANDERS FIRM, P.C., as

and for his verified complaint against defendants' THE CITY OF NEW YORK; NEW YORK

CITY POLICE PENSION FUND; WILLIAM J. BRATTON; ROSEMARY DeBELLIS; RUBY

MARIN-JORDAN, ESQ.; CAROLYN WOLPERT; SUSANNAH VICKERS; JACQUELINE

GOLD; JOHN DORSA and ANTONIO RODRIGUEZ respectfully set forth and allege that:

INTRODUCTION

This is an action for equitable relief and money damages on behalf of the plaintiff WILLIAM

GUTIERREZ, (hereinafter referred to as "plaintiff') who was being deprived of his statutory rights as an

employee as a result of defendants' THE CITY OF NEW YORK; NEW YORK CITY POLICE

PENSION FUND; WILLIAM J. BRATTON; ROSEMARY DeBELLIS; RUBY MARIN-

JORDAN, ESQ.; CAROLYN WOLPERT; SUSANNAH VICKERS; JACQUELINE GOLD;

JOHN DORSA and ANTONIO RODRIGUEZ'S race discrimination and retaliation.

JURISDICTION AND VENUE

1. The jurisdiction of this Court is invoked pursuant to New York State Executive

Law § 296 and New York City Administrative Code § 8-107.

2. The unlawful practices, violations of plaintiff's statutory rights as an employee

complained of herein were committed within Bronx and New York Counties.

PROCEDURAL REQUIREMENTS

3. Plaintiff has filed suit with this Court within applicable statue of limitations.

PLAINTIFF

4. Plaintiff WILLIAM GUTIERREZ is a citizen of the United States of America,

over twenty-one (21) years of age and retired employee of defendant THE CITY OF NEW

YORK.

DEFENDANTS'

5. Defendant THE CITY OF NEW YORK is a municipal corporation organized

under the laws of the State of New York and at all relevant time's plaintiff's employer.

6. Defendant NEW YORK CITY POLICE PENSION FUND is a municipal

corporation organized under the laws of the State of New York created to handle the pension

obligations related to uniformed employees of the Police Department City of New York.

7. Defendant WILLIAM J. BRATTON, as Police Commissioner and Chairman of

the Board of Trustees of the New York City Pension Fund; ROSEMARY DeBELLIS, as

Chairperson, Board of Trustees, New York City Police Pension Fund; RUBY MARIN-

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JORDAN, ESQ., as Trustee, New York City Police Pension Fund; CAROLYN WOLPERT, as

Trustee, New York City Police Pension Fund; SUSANNAH VICKERS, as Trustee, New York

City Police Pension Fund; JACQUELINE GOLD, as Trustee, New York City Police Pension

Fund; JOHN DORSA, as Trustee, New York City Police Pension Fund and ANTONIO

RODRIGUEZ, as Trustee, New York City Police Pension Fund.

8. Plaintiff self-identifies as a Dominican Male.

9. Plaintiff alleges defendants' THE CITY OF NEW YORK; NEW YORK CITY

POLICE PENSION FUND; WILLIAM J. BRATTON; ROSEMARY DeBELLIS; RUBY


GOLD; JOHN DORSA and ANTONIO RODRIGUEZ and other stakeholders charged with

managing the pension fund created, supports and condones race discrimination and retaliation

during the two-step interactive process while evaluating Accidental Disability Retirement

pension applications of participating members of the New York City Police Pension Fund.

10. Plaintiff alleges during the first part of the two-step interactive process,

defendants' THE CITY OF NEW YORK; NEW YORK CITY POLICE PENSION FUND;

WILLIAM J. BRATTON; ROSEMARY DeBELLIS; RUBY MARIN-JORDAN, ESQ.;

CAROLYN WOLPERT; SUSANNAH VICKERS; JACQUELINE GOLD; JOHN DORSA and

ANTONIO RODRIGUEZ and other stakeholders adopt significantly more Accidental Disability

determinations when the Medical Board approves the Accidental Disability Retirement pension

applications of Caucasian officers.

11. Plaintiff alleges during the first part of the two-step interactive process,



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ANTONIO RODRIGUEZ and other stakeholders challenge significantly more Accidental

Disability determinations when the Medical Board approves the Accidental Disability

Retirement pension applications of Blacks, Dominicans and other police officers of color.

12. Plaintiff alleges during the second part of the two-step interactive process,




ANTONIO RODRIGUEZ and other stakeholders approve significantly more Accidental

Disability Retirement pension applications of Caucasian police officers with little or no medical

documentation ultimately finding causation leading to an award of an Accidental Disability

Retirement Pension to the member with enhanced benefits.

13. Plaintiff alleges during the second part of the two-step interactive process,




ANTONIO RODRIGUEZ and other stakeholders disapprove significantly more Accidental

Disability Retirement pension applications of Blacks, Dominicans and other police officers of

color with little or no medical documentation ultimately finding no causation leading to a denial

of an Accidental Disability Retirement Pension to the member with enhanced benefits.

14. Plaintiff alleges on November 30, 2011, he filed a federal discrimination lawsuit

in the Southern District of New York against his former employer THE CITY OF NEW YORK

and related parties Docket No.: 11 cv 8710, alleging race and national origin discrimination in

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the workplace.

15. Plaintiff alleges on January 23, 2013, he filed an application for Accidental

Disability Retirement pension benefits for injuries sustained to his left and right shoulder, right

knee, wrist, back and neck.

16. Plaintiff alleges on February 11, 2014, the Medical Board approved his

application for Accidental Disability Retirement pension benefits finding the competent causal

factor was the line of duty injury on March 27, 2003, where he sustained injuries to his right

wrist.

17. Plaintiff alleges on May 14, 2014, defendants' ROSEMARY DeBELLIS; RUBY


GOLD and JOHN DORSA remanded his application for Accidental Disability Retirement

pension benefits claiming "lack of records" for the period of April 2003 through February 2011.

18. Plaintiff alleges meanwhile, at least six (6) Caucasian officers and others since

1991 were approved by Members of the Board of Trustees despite their "lack of records." For

example, Former Chief of Department Robert Johnson, Jr. (1991 alleged hearing loss); Former

Chief of Detectives William Alee (2005 alleged hearing loss); Former Inspector Peter Winski

(2008 or so alleged back); Former Inspector Richard Miller (2010 or so alleged knee injury);

Former Deputy Inspector John Bloch (2014 alleged shoulder) and Former Chief of Personnel

Thomas Dale (2014 alleged cancer).

19. Plaintiff alleges on June 17, 2014, the Medical Board again approved his

application for Accidental Disability Retirement pension benefits finding the competent causal

factor was the line of duty injury on March 27, 2003, where he sustained injuries to my right

wrist.

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20. Plaintiff alleges on June 25, 2014, he settled his federal discrimination lawsuit

with former employer defendant THE CITY OF NEW YORK.

21. Plaintiff alleges on October 8, 2014, defendants' ROSEMARY DeBELLIS;

RUBY MARIN-JORDAN, ESQ.; CAROLYN WOLPERT; SUSANNAH VICKERS;

ANTONIO RODRIGUEZ and JOHN DORSA again remanded his application for Accidental

Disability Retirement pension benefits claiming "lack of records" for the period of April 2003

through February 2011.

22. Plaintiff alleges on November 12, 2014, defendants' ROSEMARY DeBELLIS;

CAROLYN WOLPERT; SUSANNAH VICKERS; ANTONIO RODRIGUEZ and JOHN

DORSA again denied his application for Accidental Disability Retirement pension benefits

claiming "lack of records" for the period of April 2003 through February 2011.

23. Plaintiff alleges since January 23, 2014 through the present, defendants' THE

CITY OF NEW YORK; NEW YORK CITY POLICE PENSION FUND; WILLIAM J.

BRATTON; ROSEMARY DeBELLIS; RUBY MARIN-JORDAN, ESQ.; CAROLYN

WOLPERT; SUSANNAH VICKERS; JACQUELINE GOLD; JOHN DORSA and ANTONIO

RODRIGUEZ and other stakeholders charged with managing the pension fund discriminated

against me due to his race and national origin and in further retaliation for filing race and

national origin discrimination claims against former employer defendant THE CITY OF NEW

YORK improperly without legal basis denied his Accidental Disability Retirement pension with

enhanced benefits.

VIOLATIONS AND CLAIMS ALLEGED

COUNT I RACE DISCRIMINATION

IN VIOLATION OF NEW YORK STATE EXECUTIVE LAW § 296

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24. Plaintiff re-alleges Paragraphs 1 through 23 and incorporates them by reference as

Paragraphs 1 through 23 of Count I of this Verified Complaint.




GOLD; JOHN DORSA and ANTONIO RODRIGUEZ discriminated against him based upon his

race.

26. Plaintiff alleges as a direct and proximate result of the unlawful practices of




ANTONIO RODRIGUEZ he has suffered the indignity of race discrimination and great

humiliation.

27. Plaintiff alleges as a result of defendants' THE CITY OF NEW YORK; NEW

YORK CITY POLICE PENSION FUND; WILLIAM J. BRATTON; ROSEMARY DeBELLIS;

RUBY MARIN-JORDAN, ESQ.; CAROLYN WOLPERT; SUSANNAH VICKERS;

JACQUELINE GOLD; JOHN DORSA and ANTONIO RODRIGUEZ'S violations, he has

suffered mental anguish.

COUNT II RETALIATION

IN VIOLATION OF NEW YORK STATE EXECUTIVE LAW § 296


Paragraphs 1 through 27 of Count II of this Verified Complaint.

29. Plaintiff alleges that New York State Executive Law § 296, makes it unlawful to

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discriminate against any individual in the terms, conditions, or privileges of employment because

of their race.

30. Plaintiff alleges the law also makes it unlawful to create an atmosphere where

retaliation is encouraged and/or tolerated.




GOLD; JOHN DORSA and ANTONIO RODRIGUEZ engaged in various retaliatory actions

including denying his application for an Accidental Disability Retirement Pension because he

filed and settled prior claims of race and national origin discrimination against them.

32. Plaintiff alleges as a direct and proximate result of the unlawful employment

practices of defendants' THE CITY OF NEW YORK; NEW YORK CITY POLICE PENSION

FUND; WILLIAM J. BRATTON; ROSEMARY DeBELLIS; RUBY MARIN-JORDAN, ESQ.;


ANTONIO RODRIGUEZ he suffered the indignity of race and national origin discrimination

and great humiliation.




GOLD; JOHN DORSA and ANTONIO RODRIGUEZ'S violations caused him mental anguish,

emotional distress, and loss of pension benefits.

COUNT III RACE DISCRIMINATION

IN VIOLATION OF NEW YORK CITY ADMINISTRATIVE CODE § 8-107

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34. Plaintiff re-alleges Paragraph 1 through 33 and incorporates them by reference as

Paragraph 1 through 32 of Count III of this Verified Complaint.

35. Plaintiff alleges New York City Administrative Code § 8-107 makes it unlawful

to discriminate against any individual in terms, conditions, or privilege of employment because

of their race.




GOLD; JOHN DORSA and ANTONIO RODRIGUEZ discriminated against him because of his

race.





ANTONIO RODRIGUEZ, he suffered the indignity of race discrimination and great humiliation.




GOLD; JOHN DORSA and ANTONIO RODRIGUEZ'S violations caused him mental anguish.

COUNT IV RETALIATION

IN VIOLATION OF NEW YORK CITY ADMINISTRATIVE CODE § 8-107


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Paragraphs 1 through 38 of Count IV of this Verified Complaint.

40. Plaintiff alleges New York City Administrative Code § 8-107, makes it unlawful

to discriminate against any individual in the terms, conditions, or privileges of employment

because of their race.

41. Plaintiff alleges the law also makes it unlawful to create an atmosphere where

retaliation is encouraged and/or tolerated.




GOLD; JOHN DORSA and ANTONIO RODRIGUEZ engaged in various retaliatory actions

including denying his application for an Accidental Disability Retirement Pension because he

filed and settled prior claims of race and national origin discrimination against them.





ANTONIO RODRIGUEZ he suffered the indignity of race and national origin discrimination

and great humiliation.




GOLD; JOHN DORSA and ANTONIO RODRIGUEZ'S violations caused him mental anguish,

emotional distress, and loss of pension benefits.

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JURY TRIAL

45. 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; NEW YORK CITY POLICE PENSION FUND; WILLIAM J.

BRATTON; ROSEMARY DeBELLIS; RUBY MARIN-JORDAN, ESQ.; CAROLYN

WOLPERT; SUSANNAH VICKERS; JACQUELINE GOLD; JOHN DORSA and ANTONIO

RODRIGUEZ jointly and severally, in an amount to be determined at trial, plus any all available

statutory remedies, both legal and equitable, and interests and costs.



By: Eric Sanders



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ATTORNEY VERIFICATION

STATE OF NEW YORK ss:

COUNTY OF NEW YORK

ERIC SANDERS, ESQ., affirms as follows:

I am an attorney at law admitted to practice in the Courts of the State of New York, and I

am the attorney for the plaintiff in the within action, and as such, am familiar with all the facts

and circumstances therein.

That the foregoing Verified Complaint is true to the knowledge of affirmant, except as to

those matters therein stated to be alleged upon information and belief, and that as to those

matters he believes it to be true.

Affirmant further states that the reason that this verification is made by affirmant and not

by plaintiff is that plaintiff is not within the county of New York, where affirmant maintains his

office.

Affirmant further states, that the sources of his knowledge and information are reports of

investigations, conversations, writings memoranda and other data concerning the subject matter

of the litigation.

The undersigned attorney affirms that the foregoing statements are true, under the

penalties of perjury and pursuant to Rule 2106 CPLR.



By: Eric Sanders



Index No.:


WILLIAM GUTIERREZ

Plaintiff,

-against-


Defendants'

VERIFIED COMPLAINT

Duly submitted by: Eric Sanders, Esq. Attorney for Petitioner WILLIAM GUTIERREZ THE SANDERS FIRM, P.C. 230 Park Avenue, Suite 1000 New York, NY 10169 (212) 808-6515 (Business Telephone) (212) 729-3062 (Facsimile)

To: Attorney(s) for:

Dated:

Sir(s): Please take notice that the legal papers within is/are certijLd ow3 and original under the jurisdiction referenced above and are properly submittedfiled by the respeciive counsel so referenced.

Retired NYPD Captain Sues Pension Board Alleging Discrimination

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