Download - Shaya v Hamtramck, Et Al
-
8/12/2019 Shaya v Hamtramck, Et Al
1/21
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE
STEVE SHAYA,
Case No. NZPlaintiff, Hon.
s.
!AVI! "E#CASTRO, A!AM TAR!IF,
AN!Y MI#ES$I, MA% GAR"ARINO, ERI$ TUNGATE
$Y#E TERTZAG, CITY OF HAMTRAMC$,
!efen&ant.
'''''''''''''''''''''''''''''''''''''''''''''''''''''''(
#AW OFFICES OF SA#EM F. SAMAAN, P.C.M. MICHAE# $OROI )P***+-
Attone/ fo Plaintiff
01 Not2 Main Steet
Pl/3o4t2, MI *50+60789
)+8*- *1:6**
'''''''''''''''''''''''''''''''''''''''''''''''''''''''(
COMP#AINT
Now comes the Plaintiff Steve Shaya, by his attorney, M. Michael Koroi, and complains
to this Honorable Court as follows:
. Plaintiff is a resident of the County of !ayne, State of Michi"an.
#. $efendant $avid %elcastro is a resident of the County of Macomb, State of
Michi"an.
&. '() $efendant (dam *ardif is a resident of the, State of Michi"an+ he is
currently employed as a ser"eant detective of the Hamtramc Police $epartment.
'%) $efendant (ndy Milesi is a resident of the County of !ayne, State of
Michi"an+ he is currently employed as a ser"eant detective of the Hamtramc
Police $epartment.
-
8/12/2019 Shaya v Hamtramck, Et Al
2/21
-. $efendant ri *un"ate is a resident of the State of Michi"an.
/. Ma0 1arbarino is a resident of the County of Macomb, State of Michi"an+ he is
currently employed as a Chief of Police of the City of Hamtramc and has been so at all relevant
times herein.
2. Kyle *ert3a", all relevant times herein, was the city mana"er of the City of
Hamtramc+ his employment with the city was terminated in 4uly of #5&.
6. *he City of Hamtramc is a municipal corporation, or"ani3ed and e0istin" under
the laws of the State of Michi"an, with its principal office located at &-5 valine.
7. Plaintiff is a re"istered builder and civil en"ineer and the current $irector of the
City of Hamtramc $epartment of Public Services '8$PS9).
. '() Plaintiff was hired as $PS $irector on ;ebruary #, #5#, si"nin" an
8mployment ("reement9 'see 0hibit ()+ Plaintiff prior to this had si"ned a 5
-
8/12/2019 Shaya v Hamtramck, Et Al
3/21
'%) =t is further the intent of this chapter that a public servant, re"ardless ofwhether specifically prohibited by this chapter, shall avoid any action, whichmi"ht result or create the appearance of:
') >sin" public office or employment for private "ain personal ormonetary+
'#) 1ivin" improper preferential treatment to any person or or"ani3ation+
'&) =mpedin" "overnment efficiency or economy+
'-) ( lac of independence or impartiality of action+
'/) Main" a "overnment decision outside of official channels+ or
'2) (ffectin" adversely the confidence of the public in the inte"rity of thecitySection &.55#
. Section &.55/ specifies proscribed conduct of said thics Chapter and sets forth
in relevant part:
'() General prohibition against conflict of interest. =n order to avoidimpropriety, or an appearance of conflict of interest, no current public servant should be involvedin any activity that mi"ht be seen as conflictin" with the conduct of official city business oradverse to the interests of the city. ven the appearance of the followin" prohibited conductalone may be sufficient to constitute a violation of this ethics chapter.
A A A A
'$) Beneficial interest in business transaction or participation in a contract.No public servant shall participate or benefit from 'momentarily or personally) in his or hercapacity as a public servant in the main" of a contract in which he or she has financial interest,direct or indirect, or perform in re"ard to a contract some function which reBuires the e0ercise ofdiscretion on behalf of the city. No public servant shall participate in contracts...... involvin" abusiness in which he or she has a substantial interest......
') Engaging in certain private employment. No city employee or publicservant shall en"a"e in or accept private employment or render services for, any private interestwhen the employment or service is incompatible with the property dischar"e of official duties orwould tend to impair independence or ud"ment or action in the performance of official duties.
A A A A
&
-
8/12/2019 Shaya v Hamtramck, Et Al
4/21
'1) Improper use of position. No public servant shall nowin"ly use his or heroffice or position to secure personal benefit, "ain or profit, or use his or her position to securespecial privile"es or e0ceptions for himself, herself, or for the benefit, "ains or profits of anyother persons......
&. *he thics Chapter establishes re"ulations and procedures re"ardin" mattersre"ardin" disclosure of actual and potential conflicts of interest between the private self
-
8/12/2019 Shaya v Hamtramck, Et Al
5/21
No public servant shall reBuest, use or permit the use of any consideration,treatment, advanta"e, or favor beyond which it was the "eneral practice to"rant or mae available to the public at lar"e. (ll public servants shalltreat all citi3ens of the city with courtesy, impartiality, fairness and
eBuality under the law.......Section &.55-
-. '() (s of 4uly , #5&, $efendant City of Hamtramc became under the control
of an 8emer"ency mana"er9 pursuant to Public (ct -&2 of the #5# Docal ;inancial Stability and
Choice (ct, after 1overnor Snyder declared a 8financial emer"ency9 in that municipality under
MCD -./-2')'b) of said enactment.
'%) 1overnor Snyder appointed Kathy SBuare as emer"ency mana"er under MCD
-./-+ she remains in power to this date.
/. Plaintiff around $ecember of #5 complained to %ill Cooper, then Hamtramc
City Mana"er, and then a member of Hamtramc City Council, that Kevin S3uminsi, Police
Eeserve Chief, (dam *ardif, then a police ser"eant in the Hamtramc Police $epartment, was
violatin" local ethical laws, cited above, by undertain" simultaneous employment with Compu
%otsford Mechanical Shop '8C%MS9) who at the time was repairin" police vehicles, and that
*ardif was repairin", installin" li"hts, sirens, decals and other modifications of police vehicles.
2. Plaintiff also complained to Cathy 1ordon and %ill Cooper that *ardif was
advocatin" to the then
-
8/12/2019 Shaya v Hamtramck, Et Al
6/21
employment relationship with C%MS.
7. *hat because of these complaints, a city investi"ation was launched into this dual
employment issue, *ardif and S3uminsi, were forced to direct letters that were forwarded to
Hamtramc City Council disclosin" their aforesaid additional employment+ this disclosure is
reflected in the ("enda of the 4anuary #-, #5# City Council meetin" and the on"oin" minutes
of that meetin".
. *hat as a result of that investi"ation, Hamtramc City Mana"er %ill Cooper also
announced that the dual employment of these officers needed to stop.
#5. (fter Plaintiff si"ned his ;ebruary #, #5# employment a"reement referenced
above, he disclosed to Cathy 1ordon and %ill Cooper that *ardif was operatin" a towin"
business under an unre"istered assumed name 8$( *owin"9 or 8$etroit lectric (utomotive
Co.9 in violation of the thics Chapter of the Hamtramc City Code and that specifically, $(
*owin" was billin" the City of Hamtramc Police $ept dru" forfeiture fund for towin" services
paid or to be paid by a friend of *ardif, S"t. !ally *ripp.
#. Said operation of 8$( *owin"9 also conflicted with the Hamtramc City Code
to the e0tent that %F* *owin" was "iven the e0clusive towin" contract by Hamtramc City
Council and $( *owin" had absolutely no proper authori3ation to conduct any towin"
activities on behalf of the City of Hamtramc.
##. (s a result of the complaints of Plaintiff re"ardin" $( *owin", the City of
Hamtramc too remedial measures to ensure that $( *owin" or *ardif would not conduct any
further unauthori3ed towin" operations on behalf of the City of Hamtramc.
#&. *hat *ardif had been assi"ned to as one of two representatives of the Hamtramc
Police $epartment to wor with the $ru" nforcement (dministration.
2
-
8/12/2019 Shaya v Hamtramck, Et Al
7/21
#-. $urin" a maor $( investi"ation that resulted in raids a"ainst suspected dru"
trafficin" tar"ets, *ardif used his connection with S"t. *ripp to sei3e a lar"e number of vehicles
of suspects and arresters, *ardifGs 8$( *owin"9 ended up towin" the vehicles and the
Hamtramc Police $epartmentGs dru" forfeiture fund was billed appro0imately ,#55.55.
#/. 8>pon appointment, an emer"ency mana"er shall act for and in the place and
stead of the "overnin" body and the office of chief administrative office of local "overnment.
*he emer"ency manner shall have forbad powers in receivership to rectify the financial
emer"ency and to assure the fiscal accountability of the local "overnment and the local
"overnmentGs capacity to provide or cause to be provided necessary "overnmental services
essential to the public health, safety, and welfare. ;ollowin" appointment of an emer"ency
mana"er and durin" the pendency of receivership, the "overnin" body and the chief
administrative officer of the local "overnment shall not e0ercise any of the powers of those
offices e0cept as may be specifically authori3ed in writin" by the emer"ency mana"er or as
otherwise provided by this act and are subect to any conditions reBuired by the emer"ency
mana"er.9 MCD -./-.
#2. Plaintiff is a >nited States citi3en of =raBi national ori"in and an adherent of the
Chaldean
-
8/12/2019 Shaya v Hamtramck, Et Al
8/21
to his ethnic?reli"ious persuasion+ *un"ate placed a fraudulent reprimand
in PlaintiffGs personnel file, which was removed after le"al counsel for
Plaintiff protested 'see 0hibit C)+ *un"ate retaliated for PlaintiffGs
advocacy of (rab
-
8/12/2019 Shaya v Hamtramck, Et Al
9/21
Pulasi Street in Hamtramc when he noticed he had baced up over broen fra"ments of one of
the tail li"hts of the champa"ne
-
8/12/2019 Shaya v Hamtramck, Et Al
10/21
-. *hat Plaintiff notified ;inancial Mana"er Kathy SBuare of this recent behavior of
*ardif and she assured him she would address it+ SBuare proceeded to notify Chief of Police
1arbarino to cause this investi"ation to cease.
-#. @n November /, #5&, Plaintiff left city offices shortly after noon to have lunch
at his home on Pulasi Street and, after completin" his lunch, returned to municipal offices after
:55 p.m.+ his departure and return trip in a city vehicle were uneventful.
-&. Plaintiff operated the city
-
8/12/2019 Shaya v Hamtramck, Et Al
11/21
$ispatch: !here are you at now so = can have officers meet you there.Iictim: (hh, =Gm ust passin" Norwal comin" up on Poland F %rombach.
$ispatch: @, do you want them to meet you out there or you want to come to the station.Iictim: eah whatever is easier for you "uys
$ispatch: Probably easier if you come in sir.Iictim: @K.$ispatch: !ill let the boss now...Iictim: (hh, =Gm, lie = said = couldnGt "ive you an idea of the face... it appeared to be ablac male, and = donGt now if this is the vehicle.. = canGt see front end$ispatch: So this is not the *rail %la3erIictim: *hatGs not probably not the vehicle.Iictim: =ts probably not, lie = said = had to turn around and catch up to it, the "uy wassBuirtin" ahead on me... anyways you "uys are on valine arenGt you$ispatch: &-5 valine, ust past 1alla"her.Iictim: @K, = will head into the station then... *han you, sir. !eGll see you in a minute.
-/. *hat at the time the call from %elcastro was bein" received by Mr. Eobinson,
$efendant *ardif was servin" as the Hamtramc P.$. watch commander+ *ardif frantically
attempted to "ain control of the incomin" call from %elcastro.
-2. '() $efendant *ardif, later on November /, #5&, proceeded to enter onto
PlaintiffGs wor premises as the City of Hamtramc and be"an, in full view and earshot of both
members of the public and PlaintiffGs staff subordinates, be"an discourteous and hostile
interro"ation re"ardin" PlaintiffGs possible involvement in a purported hit
-
8/12/2019 Shaya v Hamtramck, Et Al
12/21
-6. Plaintiff met the emer"ency mana"er Kathy SBuare late in the day on November
/, #5& at the end of the wor day and both observed the alle"ed city vehicle purportedly
involved in the alle"ed hit
-
8/12/2019 Shaya v Hamtramck, Et Al
13/21
indicated S"t. Milesi would be handlin" the hit
-
8/12/2019 Shaya v Hamtramck, Et Al
14/21
-
8/12/2019 Shaya v Hamtramck, Et Al
15/21
2-. (t about &:56 p.m. on #??& Plaintiff served a ;reedom of =nformation (ct
reBuest any and all written documents and voice recordin" related to call of %elcastro.
2/. (t appro0imately /:56 p.m on #??& Plaintiff received a phone call from
Milesi to 8tear
-
8/12/2019 Shaya v Hamtramck, Et Al
16/21
D=N records relative to himself, (dam *ardif and the aforesaid %la3er+ this was denied.
COUNT I6 VIO#ATION OF
WHIST#E "#OWER;S PROTECTION ACT
6#. Para"raph @ne throu"h Seventy
-
8/12/2019 Shaya v Hamtramck, Et Al
17/21
'$) interferin" with his ability to function at his employment by, amon"other thin"s, failin" to report water main breaa"e for hours, confiscatin"his photo identification, breain" into his city
-
8/12/2019 Shaya v Hamtramck, Et Al
18/21
7/. *hat each of the three $efendants was motivated by malice or a primary purpose
other than brin"in" an offender to ustice.
72. *hat as a direct and pro0imate result of said institution of criminal proceedin"s,
Plaintiff sustained dama"e and inury.
76. Such dama"e and inury includes attorney fees, mental an"uish, embarrassment,
wor loss, and emotional distress.
COUNT III6 A"USE OF PROCESS
77. Para"raph @ne throu"h i"hty
-
8/12/2019 Shaya v Hamtramck, Et Al
19/21
-. (s a direct and pro0imate result of said abuse of process, Plaintiff has sustained
all dama"e and inury pled, supra.
COUNT IV6 VIO#ATION OF
FREE!OM OF INFORMATION ACT
/. Para"raphs @ne *hrou"h Ninety
-
8/12/2019 Shaya v Hamtramck, Et Al
20/21
citi3ens+
'$) of PlaintiffGs substantive due process ri"hts a"ainst filin" of maliciousand "roundless criminal proceedin"s+
') of his liberty interest under the $ue Process Clause to be free ofharassin" and retaliatory conduct due to his e0ercise of his constitutionalri"hts and his national ori"in or reli"ion+
';) of ri"hts a"ainst arbitrary and discriminatory police conductestablished by the Civil Ei"hts (ct of 2-.
5. (s a direct and pro0imate result of such violations, Plaintiff has sustained all
inury and dama"e pled supra herein.
COUNT VI6 VIO#ATION
E##IOT6#ARSEN CIVI# RIGHTS ACT
5#. Para"raphs @ne throu"h @ne
-
8/12/2019 Shaya v Hamtramck, Et Al
21/21
reference.
56. %y virtue of the acts pled above, each $efendant has committed intentional and
outra"eous acts tar"eted to deny Plaintiff his constitutional ri"hts and were calculated to induce
severe emotional mental and physical trauma to Plaintiff, pro0imately causin" all inury and
dama"e pled supra.
!HE;@E, Plaintiff Steve Shaya respectfully prays that this Honorable Court award
him the followin" relief:
'() ;@=( enforcement, includin" actual and punitive dama"es, costs and attorney
fees+
'%) costs, interest and attorney fees under civil ri"hts law pled+
'C) *.E.@ and preliminary inunctive relief a"ainst $efendants to protect Plaintiff in
his ri"hts to non