summons and complaint for New York State Supreme Court

 

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ONONDAGA

______________________________________________________________________________

 

Jeffrey Jackson

John Doe                                                                     Index No. [index number]

Plaintiff(s)                            Date Filed with the Clerk: [date]

Oswego County,

Oswego County Sheriff’s Department,

Amanda Raub, Emilie Mullen,

Amanda Barry

Defendant(s)

 

______________________________________________________________________________

 

Jeffrey Jackson, by and through the office of the pro-se, by way of Third-Party Complaint

against Oswego County, Oswego County Sheriff’s Department, Amanda Raub, Emilie Mullen and Amanda Barry, alleges as follows:

 

THE DEFENDANTS

  1. Oswego County
  2. Oswego County Sheriff’s Department
  3. Amanda Raub, Official Capacity
  4. Amanda Raub Individual Capacity
  5. Emilie Mullen Official Capacity
  6. Emily Mullen Individual Capacity
  7. Amanda Barry Individual Capacity

 

 

 

Third-party plaintiff Jeffrey Jackson is an individual residing at 3789 Rivers Pointe Way Apt 26 Liverpool, NY 13090

 

Upon information and belief, Oswego County is a municipality represented by the county attorney located at 46 E Bridge St. Oswego, NY 13126

Upon information and belief, Oswego County Sheriff’s Department is Policing Agency located at Public Safety Building on 39 Churchill Rd. Oswego, NY 13126

Upon information and belief, Amanda Raub in her Individual Capacity residing at 2604 Pipers Ct Baldwinsville, NY 13027 and in her Official Capacity located at 39 Churchill Rd. Oswego, NY 13126

Upon information and belief, Emily Mullen Individual Capacity residing at 100 Kerfien Rd Oswego, NY 13126 and Official Capacity located at 39 Churchill Rd. Oswego, NY 13126

Upon information and belief, Amanda Barry in her individual capacity residing at 13 Salina St Lacona, NY 13083

 

JURISDICTION AND VENUE

This Court has jurisdiction pursuant to Article VI, § 7 of the New York Constitution.

Venue is proper in this County pursuant to NY CPLR § 503.

 

FACTS COMMON TO ALL CAUSES OF ACTION

  1. The plaintiff received information about anonymous phone calls to his work
  2. The plaintiff received information about abusive phone calls to his work
  3. The alleged victim continued to escalate the situation with the plaintiff
  4. The plaintiff received information from manager at work about new calls to work
  5. The alleged victim had started to tell manager at work plaintiff stalks people
  6. The alleged victim told Oswego County Police the plaintiff was stalking her
  7. The Oswego County Police began traveling to Onondaga County to the plaintiff’s work
  8. The alleged victim sent public messages to manager that plaintiff had numerous charges
  9. The alleged victim began posting this information online and tagging plaintiff brokerage
  10. The plaintiff continued to be aggravated by numerous private phone calls and messages
  11. The plaintiff asked the alleged victim to discontinue the contacts and online posts
  12. The plaintiff went to state police about contact to work and sexual images sent to phone
  13. Trooper Nicoletti took the report and asked plaintiff to return to station to sign a report
  14. The plaintiff was running errands and asked to delay the signing until a later date

 

December of 2021

  1. Oswego Police marked car was waiting at Howard Hanna Brokerage in Liverpool, NY
  2. Oswego Police went to Onondaga County to the plaintiff’s brokerage in Liverpool, NY
  3. The plaintiff’s brokerage office manager contacted the plaintiff about work harassment
  4. Alleged Victim phoned the Howard Hanna Brokerage at least two times before arrest
  5. Oswego Police were harassing the plaintiff at his place of employment in Liverpool, NY
  6. Alleged Victim had friends family and others contact plaintiffs place of employment
  7. Oswego Police prepared complaint plaintiff was stalking a victim without evidence
  8. Alleged Victim stated the plaintiff was showing up to the Alleged victim’s work
  9. The Oswego Police did not state the reason for the arrest at the time of the arrest
  10. The Oswego Deputy Emilie Mullen did not mirandize plaintiff at the time of the arrest
  11. The Oswego Deputy Emilie Mullen had no witness to the alleged stalking of the victim
  12. The Oswego Deputy Emilie Mullen did not meet the burden of proof for the charges
  13. Oswego Deputy Emilie Mullen conspired with victim to charge plaintiff with stalking
  14. Emilie Mullen and Amanda Barry fabricated evidence through social media posts
  15. Emilie Mullen and Amanda Barry made misleading social media posts about plaintiff
  16. Emilie Mullen and Amanda Barry made false statements on social media about plaintiff
  17. The Oswego Police relied entirely on victim statement to make arrest on stalking
  18. Oswego Police used information from alleged victim to arrest plaintiff on stalking charge
  19. The Oswego Police had no physical evidence of the crime of stalking, and still arrested
  20. State Police lied to the plaintiff to come to station to sign statement about explicit images
  21. State Police lied to the plaintiff needed to sign his statement about text messages
  22. State Police went to plaintiff’s apartment at 3789 Rivers Pointe Way in Liverpool, NY
  23. State Police knocked on the door and did not indicate that it was police when knocking
  24. State Police did not show or provide a search warrant to be on the property or to arrest
  25. State Police did not obtain an arrest warrant to perform arrest of plaintiff inside home
  26. Plaintiff opened door and State Police said plaintiff was going with her Trooper Nicoletti
  27. State Police entered apartment and performed arrest inside the apartment without warrant
  28. State Police performed full sweep of the apartment while plaintiff was in handcuffs
  29. State Police did not tell plaintiff the alleged charges before, during or after the arrest
  30. State Police did not indicate where the plaintiff would be going or for how long
  31. State Police told plaintiff to get a hoodie and wear his clogs on a below freezing night
  32. State Police transferred plaintiff to Van Buren Police barracks and was held for an hour
  33. State Police held plaintiff in Van Buren barracks until Oswego Sherriff arrived
  34. Oswego Sheriff Deputy Emilie Mullen traveled to Van Buren to pick up plaintiff
  35. Oswego Sheriff Deputy Emilie Mullen transferred the plaintiff back to Oswego PSB
  36. Oswego Sheriff Deputy Emilie Mullen had plaintiff arraigned on charges of stalking
  37. Oswego County Sheriff told plaintiff to leave following arraignment
  38. Plaintiff did not have wallet with his money to get home
  39. Plaintiff was not dressed warm enough for the weather outside
  40. Plaintiff was put outside underdressed with no hat or coat or ride home
  41. The plaintiff had enough money to get a stewarts gas station in Oswego County
  42. The plaintiff began to walk in subzero temperatures back to Onondaga County
  43. The plaintiff had to return to the gas station because of the inclement weather
  44. The plaintiff could not find a ride home until almost 11 PM that evening

Arrested in December of 2022

  1. Over one year after the arrest the plaintiff was rearrested on same information
  2. There was no new information and no new incident after 2021 for rearrest
  3. The plaintiff was not able to obtain legal representation because of hardship
  4. The plaintiff was dropped by at least 4 public defenders in Oswego
  5. The plaintiff was scheduled to go to trial in August of 2022
  6. The ADA obstructed the trial even though they made carter motions
  7. The ADA made a carter motion in March of 2022 stating ready for trial
  8. The ADA stated they were not ready for trial in August of 2022
  9. The plaintiff adjourned in objection and requested new trial date ASAP
  10. In October 2022 plaintiff waived discovery and requested a move for trial
  11. The plaintiff arrived to court on December 1st, 2022 for trial
  12. The ADA obstructed the trial and initiated a new arrest
  13. The ADA initiated the arrest over one year after the incident
  14. The ADA charged the plaintiff five new counts for the incident in 2021
  15. The ADA continues to threaten the plaintiff with arrest
  16. The ADA continues to claim the plaintiff is not being incited
  17. The Oswego Police transported plaintiff from Sandy Creek to Oswego
  18. The Oswego Police left the plaintiff in Oswego which is one hour away
  19. The Oswego Police did not read the plaintiff his Miranda rights
  20. The Oswego Police did not state what the plaintiff was being arrested for
  21. The Oswego Police officer Preterory had no knowledge of the alleged crime

 

Count One

  • 1981 – Malicious Prosecution

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

Alleged Victim had friends, family and others contact plaintiffs place of employment. The facts demonstrating the malicious prosecution of the Plaintiff are as follows:

  1. Oswego Police prepared complaint plaintiff was stalking a victim without evidence
  2. Alleged Victim stated the plaintiff was showing up to the Alleged victim’s work
  3. The Oswego Police never spoke to the plaintiff before the arrest
  4. The Oswego Police had no witness to the alleged stalking at the victim’s work
  5. The Oswego Police did not meet the burden of proof for the charge arrested on
  6. Oswego Police in concert with alleged victim stated plaintiff was stalking victim
  7. The Oswego Police relied entirely on victim statement to make arrest
  8. Oswego Police used information from alleged victim to arrest plaintiff on stalking charge
  9. State Police asked plaintiff to come to station to sign statement about explicit images
  10. State Police state that plaintiff needed to sign his statement about text messages

The following facts also reveal malicious prosecution against the Plaintiff:

  1. The plaintiff was not able to obtain legal representation because of hardship
  2. The plaintiff was dropped by at least 4 public defenders in Oswego
  3. The plaintiff was scheduled to go to trial in August of 2022
  4. The ADA obstructed the trial even though they made carter motions
  5. The ADA made a carter motion in March of 2022 stating ready for trial
  6. The ADA stated they were not ready for trial in August of 2022
  7. The plaintiff adjourned in objection and requested new trial date ASAP
  8. In October 2022 plaintiff waived discovery and requested a move for trial
  9. The plaintiff arrived to court on December 1st, 2022 for trial
  10. The ADA obstructed the trial and initiated a new arrest
  11. The ADA initiated the arrest over one year after the incident
  12. The ADA charged the plaintiff five new counts for the incident in 2021
  13. The ADA continues to threaten the plaintiff with arrest
  14. The ADA continues to claim the plaintiff is not being incited

 

Count Two

  • 1981 – Aiding and Abetting

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The defendants collaborated in the deprivation of the Plaintiffs right to liberty, right to be informed the reasons for arrest, right to legal representation, and the right to have a fair trial.

 

Count Three

  • 1981 – Deprivation of Rights

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

42 U.S.C 1981(a) states that: “All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.”

The Defendants deprived the Plaintiff of his right to liberty, the right to be informed the reason and right to legal representation as follows:

  1. State Police did not have a search warrant to be on the property
  2. State Police did not obtain an arrest warrant to perform arrest on property.
  3. Plaintiff opened door and State Police indicated plaintiff was going with her
  4. State Police entered apartment and performed arrest inside the apartment
  5. The plaintiff was not able to obtain legal representation because of hardship
  6. The plaintiff was dropped by at least 4 public defenders in Oswego
  7. The plaintiff was scheduled to go to trial in August of 2022
  8. The ADA obstructed the trial even though they made carter motions
  9. The ADA made a carter motion in March of 2022 stating ready for trial
  10. The ADA stated they were not ready for trial in August of 2022
  11. The plaintiff adjourned in objection and requested new trial date ASAP
  12. In October 2022 plaintiff waived discovery and requested a move for trial
  13. The plaintiff arrived to court on December 1st, 2022 for trial
  14. The ADA obstructed the trial and initiated a new arrest
  15. The ADA initiated the arrest over one year after the incident
  16. The ADA charged the plaintiff five new counts for the incident in 2021
  17. The ADA continues to threaten the plaintiff with arrest
  18. The ADA continues to claim the plaintiff is not being incited
  19. The Oswego Police transported plaintiff from Sandy Creek to Oswego
  20. The Oswego Police left the plaintiff in Oswego which is one hour away
  21. The Oswego Police did not read the plaintiff his Miranda rights
  22. The Oswego Police did not state what the plaintiff was being arrested for
  23. The Oswego Police officer Preterory had no knowledge of the alleged crime

 

Count Four

  • 1983 – False Arrest (Monell)

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The facts demonstrating the false arrest of the Plaintiff are as follows:

  1. State Police went to plaintiff’s apartment at 3789 Rivers Pointe Way in Liverpool, NY
  2. State Police knocked on the door and did not indicate that it was police
  3. State Police did not have a search warrant to be on the property
  4. State Police did not obtain an arrest warrant to perform arrest on property.
  5. Plaintiff opened door and State Police indicated plaintiff was going with her
  6. State Police entered apartment and performed arrest inside the apartment

 

Count Five

  • 1983 – Unlawful Home Intrusion

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The following facts demonstrate an unlawful home intrusion of the Plaintiff’s home:

  1. State Police went to plaintiff’s apartment at 3789 Rivers Pointe Way in Liverpool, NY
  2. State Police knocked on the door and did not indicate that it was police
  3. State Police did not have a search warrant to be on the property
  4. State Police did not obtain an arrest warrant to perform arrest on property.
  5. Plaintiff opened door and State Police indicated plaintiff was going with her
  6. State Police entered apartment and performed arrest inside the apartment
  7. State Police performed a sweep of the apartment while plaintiff was in handcuffs
  8. State Police did not tell plaintiff what he was being arrested for
  9. State Police did not indicate where the plaintiff would be going

 

Count Six

Defamation Per-Se

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The following facts demonstrate the defamation of the Plaintiff:

  1. The alleged victim had started to tell manager at work plaintiff stalks people
  2. The alleged victim also indicated to manager that plaintiff had numerous charges
  3. The alleged victim began posting this information online and tagging plaintiff brokerage
  4. The plaintiff continued to escalate upset about numerous phone calls and messages
  5. The plaintiff asked the alleged victim to discontinue the contacts

 

Count Seven

  • 1983 – Unlawful Search and Seizure

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The following facts demonstrate the unlawful search and seizure of the Plaintiff’s home:

  1. State Police went to plaintiff’s apartment at 3789 Rivers Pointe Way in Liverpool, NY
  2. State Police knocked on the door and did not indicate that it was police
  3. State Police did not have a search warrant to be on the property
  4. State Police did not obtain an arrest warrant to perform arrest on property.
  5. Plaintiff opened door and State Police indicated plaintiff was going with her
  6. State Police entered apartment and performed arrest inside the apartment
  7. State Police performed a sweep of the apartment while plaintiff was in handcuffs
  8. State Police did not tell plaintiff what he was being arrested for
  9. State Police did not indicate where the plaintiff would be going
  10. State Police told plaintiff to get a hoodie and wear his clogs
  11. State Police transferred plaintiff to Van Buren Police barracks

 

Count Eight

Fourth Amendment – Unlawful Search

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The following facts demonstrate the unlawful search of the Plaintiff’s place:

  1. State Police went to plaintiff’s apartment at 3789 Rivers Pointe Way in Liverpool, NY
  2. State Police knocked on the door and did not indicate that it was police
  3. State Police did not have a search warrant to be on the property
  4. State Police did not obtain an arrest warrant to perform arrest on property.
  5. Plaintiff opened door and State Police indicated plaintiff was going with her
  6. State Police entered apartment and performed arrest inside the apartment
  7. State Police performed a sweep of the apartment while plaintiff was in handcuffs

 

Count Nine

First Amendment – Free Speech Retaliation

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The following are facts demonstrating free speech retaliation by the defendants:

  1. The plaintiff was scheduled to go to trial in August of 2022
  2. The ADA obstructed the trial even though they made carter motions
  3. The ADA made a carter motion in March of 2022 stating ready for trial
  4. The ADA stated they were not ready for trial in August of 2022
  5. The plaintiff adjourned in objection and requested new trial date ASAP
  6. In October 2022 plaintiff waived discovery and requested a move for trial
  7. The plaintiff arrived to court on December 1st, 2022 for trial
  8. The ADA obstructed the trial and initiated a new arrest
  9. The ADA initiated the arrest over one year after the incident
  10. The ADA charged the plaintiff five new counts for the incident in 2021
  11. The ADA continues to threaten the plaintiff with arrest
  12. The ADA continues to claim the plaintiff is not being incited
  13. The Oswego Police transported plaintiff from Sandy Creek to Oswego
  14. The Oswego Police left the plaintiff in Oswego which is one hour away
  15. The Oswego Police did not read the plaintiff his Miranda rights
  16. The Oswego Police did not state what the plaintiff was being arrested for
  17. The Oswego Police officer Preterory had no knowledge of the alleged crime

 

Count Ten

Second Amendment – Deprivation of Rights

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The following set of facts demonstrate the deprivation of the Plaintiff’s rights:

  1. State Police did not have a search warrant to be on the property
  2. State Police did not obtain an arrest warrant to perform arrest on property.
  3. Plaintiff opened door and State Police indicated plaintiff was going with her
  4. State Police entered apartment and performed arrest inside the apartment
  5. The plaintiff was not able to obtain legal representation because of hardship
  6. The plaintiff was dropped by at least 4 public defenders in Oswego
  7. The plaintiff was scheduled to go to trial in August of 2022
  8. The ADA obstructed the trial even though they made carter motions
  9. The ADA made a carter motion in March of 2022 stating ready for trial
  10. The ADA stated they were not ready for trial in August of 2022
  11. The plaintiff adjourned in objection and requested new trial date ASAP
  12. In October 2022 plaintiff waived discovery and requested a move for trial
  13. The plaintiff arrived to court on December 1st, 2022 for trial
  14. The ADA obstructed the trial and initiated a new arrest
  15. The ADA initiated the arrest over one year after the incident
  16. The ADA charged the plaintiff five new counts for the incident in 2021
  17. The ADA continues to threaten the plaintiff with arrest
  18. The ADA continues to claim the plaintiff is not being incited
  19. The Oswego Police transported plaintiff from Sandy Creek to Oswego
  20. The Oswego Police left the plaintiff in Oswego which is one hour away
  21. The Oswego Police did not read the plaintiff his Miranda rights
  22. The Oswego Police did not state what the plaintiff was being arrested for
  23. The Oswego Police officer Preterory had no knowledge of the alleged crime

 

Count Eleven

  • 1985 – Conspiracy of rights

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The following set of facts reveal conspiracy against the Plaintiff’s rights:

  1. Oswego Police were harassing the plaintiff at his place of employment
  2. Alleged Victim had friends family and others contact plaintiffs place of employment
  3. Oswego Police prepared complaint plaintiff was stalking a victim without evidence
  4. Alleged Victim stated the plaintiff was showing up to the Alleged victim’s work
  5. The Oswego Police never spoke to the plaintiff before the arrest
  6. The Oswego Police had no witness to the alleged stalking at the victim’s work
  7. The Oswego Police did not meet the burden of proof for the charge arrested on
  8. Oswego Police in concert with alleged victim stated plaintiff was stalking victim
  9. The Oswego Police relied entirely on victim statement to make arrest

Further, the following facts reveal conspiracy of rights:

  1. State Police did not obtain an arrest warrant to perform arrest on property.
  2. Plaintiff opened door and State Police indicated plaintiff was going with her
  3. State Police entered apartment and performed arrest inside the apartment
  4. State Police performed a sweep of the apartment while plaintiff was in handcuffs
  5. State Police did not tell plaintiff what he was being arrested for
  6. State Police did not indicate where the plaintiff would be going

The following are further facts that reveal conspiracy against the Plaintiff’s right to fair trial:

  1. Over one year after the arrest the plaintiff was rearrested on same information
  2. There was no new information and no new incident after 2021 for rearrest
  3. The plaintiff was not able to obtain legal representation because of hardship
  4. The plaintiff was dropped by at least 4 public defenders in Oswego
  5. The plaintiff was scheduled to go to trial in August of 2022
  6. The ADA obstructed the trial even though they made carter motions
  7. The ADA made a carter motion in March of 2022 stating ready for trial
  8. The ADA stated they were not ready for trial in August of 2022
  9. The plaintiff adjourned in objection and requested new trial date ASAP
  10. In October 2022 plaintiff waived discovery and requested a move for trial
  11. The plaintiff arrived to court on December 1st, 2022 for trial
  12. The ADA obstructed the trial and initiated a new arrest
  13. The ADA initiated the arrest over one year after the incident
  14. The ADA charged the plaintiff five new counts for the incident in 2021
  15. The ADA continues to threaten the plaintiff with arrest
  16. The ADA continues to claim the plaintiff is not being incited
  17. The Oswego Police transported plaintiff from Sandy Creek to Oswego
  18. The Oswego Police left the plaintiff in Oswego which is one hour away
  19. The Oswego Police did not read the plaintiff his Miranda rights
  20. The Oswego Police did not state what the plaintiff was being arrested for
  21. The Oswego Police officer Preterory had no knowledge of the alleged crime

 

Count Twelve

  • 1986 – Conspiracy against protected class

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The following facts reveal conspiracy against the protected class:

The following set of facts reveal conspiracy against the Plaintiff’s rights:

  1. Oswego Police were harassing the plaintiff at his place of employment
  2. Alleged Victim had friends family and others contact plaintiffs place of employment
  3. Oswego Police prepared complaint plaintiff was stalking a victim without evidence
  4. Alleged Victim stated the plaintiff was showing up to the Alleged victim’s work
  5. The Oswego Police never spoke to the plaintiff before the arrest
  6. The Oswego Police had no witness to the alleged stalking at the victim’s work
  7. The Oswego Police did not meet the burden of proof for the charge arrested on
  8. Oswego Police in concert with alleged victim stated plaintiff was stalking victim
  9. The Oswego Police relied entirely on victim statement to make arrest

Further, the following facts reveal conspiracy of rights:

  1. State Police did not obtain an arrest warrant to perform arrest on property.
  2. Plaintiff opened door and State Police indicated plaintiff was going with her
  3. State Police entered apartment and performed arrest inside the apartment
  4. State Police performed a sweep of the apartment while plaintiff was in handcuffs
  5. State Police did not tell plaintiff what he was being arrested for
  6. State Police did not indicate where the plaintiff would be going

The following are further facts that reveal conspiracy against the Plaintiff’s right to fair trial:

  1. Over one year after the arrest the plaintiff was rearrested on same information
  2. There was no new information and no new incident after 2021 for rearrest
  3. The plaintiff was not able to obtain legal representation because of hardship
  4. The plaintiff was dropped by at least 4 public defenders in Oswego
  5. The plaintiff was scheduled to go to trial in August of 2022
  6. The ADA obstructed the trial even though they made carter motions
  7. The ADA made a carter motion in March of 2022 stating ready for trial
  8. The ADA stated they were not ready for trial in August of 2022
  9. The plaintiff adjourned in objection and requested new trial date ASAP
  10. In October 2022 plaintiff waived discovery and requested a move for trial
  11. The plaintiff arrived to court on December 1st, 2022 for trial
  12. The ADA obstructed the trial and initiated a new arrest
  13. The ADA initiated the arrest over one year after the incident
  14. The ADA charged the plaintiff five new counts for the incident in 2021
  15. The ADA continues to threaten the plaintiff with arrest
  16. The ADA continues to claim the plaintiff is not being incited
  17. The Oswego Police transported plaintiff from Sandy Creek to Oswego
  18. The Oswego Police left the plaintiff in Oswego which is one hour away
  19. The Oswego Police did not read the plaintiff his Miranda rights
  20. The Oswego Police did not state what the plaintiff was being arrested for
  21. The Oswego Police officer Preterory had no knowledge of the alleged crime

Count Thirteen

Fourteenth Amendment – Equal Protection Clause

Against Defendants Oswego County, Oswego County Sheriff’s Department, Emilie Mullen (Individual and Official Capacity), Amanda Barry and Amanda Raub (Individual and Official Capacity)

Third-party plaintiff repeats and restates the allegations contained in the prior paragraphs of this third-party complaint as if set forth more fully herein.

The following set of facts demonstrate the deprivation of the Plaintiff’s rights:

  1. State Police did not have a search warrant to be on the property
  2. State Police did not obtain an arrest warrant to perform arrest on property.
  3. Plaintiff opened door and State Police indicated plaintiff was going with her
  4. State Police entered apartment and performed arrest inside the apartment
  5. The plaintiff was not able to obtain legal representation because of hardship
  6. The plaintiff was dropped by at least 4 public defenders in Oswego
  7. The plaintiff was scheduled to go to trial in August of 2022
  8. The ADA obstructed the trial even though they made carter motions
  9. The ADA made a carter motion in March of 2022 stating ready for trial
  10. The ADA stated they were not ready for trial in August of 2022
  11. The plaintiff adjourned in objection and requested new trial date ASAP
  12. In October 2022 plaintiff waived discovery and requested a move for trial
  13. The plaintiff arrived to court on December 1st, 2022 for trial
  14. The ADA obstructed the trial and initiated a new arrest
  15. The ADA initiated the arrest over one year after the incident
  16. The ADA charged the plaintiff five new counts for the incident in 2021
  17. The ADA continues to threaten the plaintiff with arrest
  18. The ADA continues to claim the plaintiff is not being incited
  19. The Oswego Police transported plaintiff from Sandy Creek to Oswego
  20. The Oswego Police left the plaintiff in Oswego which is one hour away
  21. The Oswego Police did not read the plaintiff his Miranda rights
  22. The Oswego Police did not state what the plaintiff was being arrested for
  23. The Oswego Police officer Preterory had no knowledge of the alleged crime

 

As a direct and proximate result of third-party defendant’s actions, third-party plaintiff has suffered and will continue to suffer damages in an amount to be proven at trial.

REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this Honorable Court to GRANT judgment in Plaintiff’s favor and against Defendants, AWARD Plaintiff general damages, AWARD Plaintiff punitive damages, AWARD Plaintiff costs of this suit, AWARD Plaintiff such further legal and equitable relief this Court deems fair to GRANT.

 

 

Dated this ____ day of December, 2022.

 

Respectfully Submitted,

 

____________________________________

Jeffrey S. Jackson,

Plaintiff in pro per

 

 

 Drafting Note

 Dated: [city and state where signed]

[date signed]

[Firm name]

By: ________________________________

[Your name]

[Firm street address]

[Firm city, state, and zip code]

Tel. [firm phone number]

Email: [your business email address]

 

 TO: [Third-party defendant’s name]

[Street address]

[City, state, and zip code]

Drafting Note

 VERIFICATION

 

I, [name of person verifying the third-party complaint], being duly sworn, deposes and says under penalty of perjury:

 1.

 I am [party designation or person with knowledge description] in the within action.

Drafting Note

Alternate Clause

 2.

 I have reviewed the contents of this third-party complaint and verify that the statements contained herein are true to the best of my knowledge, except as to matters alleged on information and belief, and as to those matters, I believe them to be true.

Drafting Note

 3.

 I am aware that if any of the statements contained in the third-party complaint are willfully false, I am subject to punishment.

_____________________________________________

[Name of person verifying the third-party complaint]

 

 Drafting Note

 Sworn to before me this

[day] of [month], [year]

____________________________

Notary Public

Drafting Note

 

 SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [County name]

[Plaintiff(s) name],     ) Index No. [index number]

    Plaintiff(s) ) Date Filed with the Clerk: [date]

  1.   )  

[Defendant(s) name]     )  

    Defendant(s) )  

      )  

      )  

[Third-party plaintiff(s) name],     ) THIRD-PARTY SUMMONS

    Plaintiff(s) )  

  1.   )  

[Third-party defendant(s) name]     )  

    Defendant(s) )  

 Drafting Note

TO THE PERSON(S) NAMED AS DEFENDANT(S) ABOVE:

YOU ARE HEREBY SUMMONED to answer the third-party complaint in this action and to serve a copy of your answer, or, if the third-party complaint is not served with this summons, to serve a notice of appearance, on the third-party plaintiff’s attorney within twenty (20) days after service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York).

Drafting Note

YOU ARE HEREBY NOTIFIED THAT should you fail to answer or appear, judgment will be taken against you by default for the relief demanded in the complaint.

 Dated: [city and state where signed]

[date signed]

[Firm name]

 

By: ________________________________

[Your name]

[Firm street address]

[Firm city, state, and zip code]

Tel. [firm phone number]

Email: [your business email address]

Drafting Note

 TO: [Third-party defendant’s name]

[Street address]

[City, state, and zip code]

 

 SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [County name]

[Plaintiff(s)

name],     ) Index No. [index number]

    Plaintiff(s) ) Date Purchased: [date]

 

 

 

v

.   )  

 

[Defendant(s)

name],     )  

 

   

 

Defendant(s)

. ) SUMMONS WITH NOTICE

 

      )

 

Plaintiff designates [county name] as the place of trial. The basis of venue is pursuant

to [applicable facts supporting designated venue].

 

 Drafting Note

 TO THE PERSON(S) NAMED AS DEFENDANT(S) ABOVE:

 YOU ARE HEREBY SUMMONED to appear in this action by

serving a notice of appearance on the plaintiff’s attorney within twenty

(20) days after service of this summons, exclusive of the day of service

(or within 30 days after the service is complete if this summons is not

personally delivered to you within the State of New York).

Drafting Note

 YOU ARE HEREBY NOTIFIED THAT should you fail to answer

or appear, judgment will be taken against you by default for the relief

demanded in the complaint.

 The nature of the action and the relief sought by the plaintiff is:

[provide basic information concerning the nature of the plaintiff’s claims

and the relief sought].

Drafting Note

 Optional Clause

 Dated: [city and state where signed]

[date signed]

[Firm name]

By: ________________________________

[Your name]

[Firm street address]

 

[Firm city, state, and zip code]

Tel. [firm phone number]

Email: [your business email address]

Drafting Note

 TO: [Defendant’s name]

[Street address]

[City, state, and zip code]