MedicCook
03-24-2007, 02:54 PM
Lawsuit claims trooper attack
Saratoga man sues Albany and State Police; cites face injuries after smashed against wall
ALBANY -- A Saratoga County mortgage broker who alleges a state trooper smashed his face against a wall outside a downtown bar last December has filed claims against the city and State Police, who said they have no record of the incident even though the injured man was taken away in an ambulance.
Derek DeMeo, 25, of Rexford, suffered injuries to his head and face that include a damaged eye, broken teeth and lacerations, according to his claims.
It's unclear why the state trooper involved in the incident apparently did not file an incident report. Albany police officers also were at the scene and their records indicate they called for an ambulance but also did not file an incident report.
No one was arrested. Despite DeMeo being whisked to Albany Medical Center Hospital by ambulance, no police officers followed up or went to the hospital to interview him about his injuries. If they had, the information would be reflected in a police report, officials said.
The trooper is not identified in court papers. State Police sources said he may have been patrolling Albany's downtown bar district that night as part of Operation Impact -- a joint patrol effort by Albany and State Police -- or, because he is assigned to the Capitol.
The incident unfolded about 2 a.m. on Dec. 10 outside the Bayou Cafe bar on North Pearl Street. DeMeo's friend apparently was handcuffed by police during an altercation when DeMeo was allegedly pulled aside by a uniformed trooper and thrown face first into a wall, according to his claim.
There are several surveillance cameras in that area of North Pearl Street, including some owned by the city. DeMeo's attorney, Kevin Luibrand, sought to obtain copies of the tapes within days of the incident but was told by city attorneys that they had been erased, according to court records.
Luibrand declined comment and would not allow DeMeo to be interviewed for this report.
In a letter dated Jan. 24, State Police told Luibrand they had no reports on file about the case. They also denied Luibrand's request for copies of the tapes of their police radio calls during the incident, saying it would "constitute an unwarranted invasion of the personal privacy of those concerned," according to records filed in Albany County state Supreme Court.
Luibrand has appealed their denial.
Albany Police Chief James Tuffey on Friday said he had not known about the incident but was going to investigate what happened, including his officers' involvement.
A State Police spokesman said there are circumstances when troopers involved in this type of an incident may not file an incident report.
"It would all depend on a case-by-case basis," said Sgt. Kern Swoboda. He could not comment directly on the Albany incident because of pending litigation.
The owner of a small shoe store next to where the incident took place said the sidewalk near his shop was still stained with a large pool of blood a few days after the incident. Another business owner called the city, who sent a public works crew down to wash away the blood, the man said.
http://timesunion.com/AspStories/story.asp?storyID=574865&category=FRONTPG&BCCode=HOME&newsdate=3/24/2007
Saratoga man sues Albany and State Police; cites face injuries after smashed against wall
ALBANY -- A Saratoga County mortgage broker who alleges a state trooper smashed his face against a wall outside a downtown bar last December has filed claims against the city and State Police, who said they have no record of the incident even though the injured man was taken away in an ambulance.
Derek DeMeo, 25, of Rexford, suffered injuries to his head and face that include a damaged eye, broken teeth and lacerations, according to his claims.
It's unclear why the state trooper involved in the incident apparently did not file an incident report. Albany police officers also were at the scene and their records indicate they called for an ambulance but also did not file an incident report.
No one was arrested. Despite DeMeo being whisked to Albany Medical Center Hospital by ambulance, no police officers followed up or went to the hospital to interview him about his injuries. If they had, the information would be reflected in a police report, officials said.
The trooper is not identified in court papers. State Police sources said he may have been patrolling Albany's downtown bar district that night as part of Operation Impact -- a joint patrol effort by Albany and State Police -- or, because he is assigned to the Capitol.
The incident unfolded about 2 a.m. on Dec. 10 outside the Bayou Cafe bar on North Pearl Street. DeMeo's friend apparently was handcuffed by police during an altercation when DeMeo was allegedly pulled aside by a uniformed trooper and thrown face first into a wall, according to his claim.
There are several surveillance cameras in that area of North Pearl Street, including some owned by the city. DeMeo's attorney, Kevin Luibrand, sought to obtain copies of the tapes within days of the incident but was told by city attorneys that they had been erased, according to court records.
Luibrand declined comment and would not allow DeMeo to be interviewed for this report.
In a letter dated Jan. 24, State Police told Luibrand they had no reports on file about the case. They also denied Luibrand's request for copies of the tapes of their police radio calls during the incident, saying it would "constitute an unwarranted invasion of the personal privacy of those concerned," according to records filed in Albany County state Supreme Court.
Luibrand has appealed their denial.
Albany Police Chief James Tuffey on Friday said he had not known about the incident but was going to investigate what happened, including his officers' involvement.
A State Police spokesman said there are circumstances when troopers involved in this type of an incident may not file an incident report.
"It would all depend on a case-by-case basis," said Sgt. Kern Swoboda. He could not comment directly on the Albany incident because of pending litigation.
The owner of a small shoe store next to where the incident took place said the sidewalk near his shop was still stained with a large pool of blood a few days after the incident. Another business owner called the city, who sent a public works crew down to wash away the blood, the man said.
http://timesunion.com/AspStories/story.asp?storyID=574865&category=FRONTPG&BCCode=HOME&newsdate=3/24/2007