Court Report:

Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations


Editor’s Note:

The complaint reproduced, in part, below, filed two weeks ago in United States Federal District Court, White Plains, in charging Town of Harrison Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police Officers, under color of law. The action is being brought in Federal Court because the Plaintiffs do not believe they can obtain justice in State Court.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
WILLIAM C. DUFFELMEYER, MICHAEL
WALTHER, STEVEN HEISLER, JEFF NARDI,
STEPHEN M. CARPINIELLO, EDWARD 07 Civ. ( )
ARCE, RALPH TANCREDI, PETER
DeVITTORIO, MICHAEL MARINELLI,
and ARTHUR MARINELLI,
Plaintiffs, COMPLAINT

-against-

LAWRENCE MARSHALL, individually,
DAVID HALL, individually, and Jury Trial Demanded
the TOWN/VILLAGE OF HARRISON,
New York,
Defendants.
----------------------------------------------------------x
Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI by their attorneys
Lovett & Gould, LLP, for their complaint respectfully state:
NATURE OF THE ACTION

1. This is an action for compensatory and punitive damages, resulting
from jointly engaged-in conduct of Defendants taken while acting
under color of the laws of the State of New York, proximately resulting of
violations of Plaintiff ’s rights as guaranteed by the First Amendment to
the United States Constitution, 42 U.S.C. §1983.
JURISDICTION

2. The Court’s jurisdiction is invoked pursuant to 28 U.S.C. §§1331,
1343.
THE PARTIES

3. Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI are citizens of the
United States, domiciliaries of the State of New York, and residents of the
Northern Counties. Each of the Plaintiffs is employed as a sworn member
of the police department of the Defendant Town/Village of Harrison.

4. Defendant LAWRENCE MARSHALL (hereinafter “Marshall”), who
is sued in his individual and personal capacities only, at all times relevant
to this complaint was employed as a Lieutenant in the police department
of the said Town/Village.

5. Defendant DAVID HALL (hereinafter “Hall”), who is sued in
his individual and personal capacities only, at all times relevant to this
complaint was employed as the Chief of Police of the Defendant Town/
Village.

6. Defendant TOWN/VILLAGE OF HARRISON, New York
(hereinafter “Town”), is a municipal corporate subdivision of the State
of New York duly existing by reason of and pursuant to the laws of said
State.

THE FACTS

7. By correspondence dated March 28, 2007, Plaintiffs Duffelmeyer,
Heisler, Carpiniello, Tancredi, Walther, Arce, and DeVittorio advised the
members of the Town’s Board of Police Commissioner and Police Captain
Anthony Marraccini in pertinent respect:

“This letter is to inform you of a disturbing set of circumstances
that may constitute the possible commission of a crime..

Editor’s Note:

The complaint reproduced, in part, below, filed two weeks ago in United
States Federal District Court, White Plains, in charging Town of Harrison
Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police
Officers, under color of law. The action is being brought in Federal Court
because the Plaintiffs do not believe they can obtain justice in State Court.
Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations

In January, 2007, [PBA] President Tancredi was conducting a
customary examination of the many donations the Harrison Police
Association receives during the Christmas holiday season. Pursuant to
his examination, President Tancredi noticed that Brae Burn Country
Club, as well as other donors, had not sent their customary annual
donation. He inquired with the administration at Brae Burn CC as to
whether they had sent or were going to send their annual donation for
2006. The administration said that they had made a donation of $2,500.00
and that the check was personally picked up by Chief Hall at Brae
Burn CC. The Brae Burn CC administration said that they would look
into the matter and get back to President Tancredi. President Tancredi
and other members of the [PBA’S] executive board were contacted a
short time later and the Brae Burn CC administration was disturbed
to find out that the check had been altered and the funds had been
deposited in the New York State Chiefs of Police Association account
(Chief Hall was the President of the Chiefs Association at the time).

The Brae Burn administration was very clear with President
Tancredi that the check was made out to the Harrison Police
Association and was intended to be a charitable donation to the
Harrison Police Association (see enclosed copy of check). Brae
Burn said they received a receipt (see enclosed copy) for an
advertisement in the Chiefs of Police Association Journal a short
time after Chief Hall picked up the check, but apparently Chief
Hall never discussed the advertisement with the Brae Burn
charitable donation committee and Brae Burn did not authorize
anyone to cross out Harrison in the payee line and replace it with
Chiefs. They also said they were very surprised when they saw that
the funds had gone to the Chiefs of Police Association and not the
Harrison Police Association.

President Tancredi, under his belief that a mistake had been
made, discussed the matter with the Association’s executive board
and some other members of the Association. Vice President
Michael Walther subsequently asked Chief Hall if he had any
checks or donations that were intended for the Harrison Police
Association. The hope was that a mistake had been made. In the past,
some donations that were intended for the Association had been
mistakenly deposited into the Town of Harrison accounts and
reimbursements by the Town were made to the Association when
the errors were made apparent. Chief Hall, however, informed
Vice President Walther that he did not have any checks or any
funds that were intended for the Association.

. . .[T]he [PBA] members concluded that it was possible that the
Brae Burn donation check may have been intentionally altered and
redirected into the Chiefs of Police account. As this would
constitute a criminal act, it [is] the understanding of the members of
the Association with knowledge of this possible crime that we have
an obligation to report the incident to the Harrison Police
Department. . .We respectfully request that you investigate this
matter on our behalf. . .It is also our understanding that if we are
not comfortable or disagree with the results of your investigation,
we reserve the right as potential crime victims to pursue the matter
with another law enforcement agency.”

Annexed to the complaint and made and part hereof are copies of the
referenced correspondence and enclosures.

8. Within a matter of hours of the delivery of the correspondence
referenced in the preceding paragraph “7”, Hall directed Marshall and
others in the administration of the Police Department to investigate
the PBA members’ complaint - - not with a view towards ascertaining
if a crime had indeed been committed, but rather with the self-serving
objective of covering-up that crime and silencing the Plaintiffs.

9. In that connection Marshall personally advised the Plaintiffs or
virtually all of the Plaintiffs that they were ordered to silence and were
henceforth forbidden to communicate with any other law enforcement
agencies and/or members of the Harrison Police Department and/or
members of the Harrison Police Association with respect to their factbased
beliefs that Hall had forged the subject check, been in criminal
possession of that forged instrument, and intentionally stole on behalf of
his Chiefs Association moneys he knew were intended for the Harrison
Police Association.

10. With respect to the “gag” order imposed by Marshall for Hall,
Marshall informed Plaintiffs that the issue of Hall’s apparent commission
of several felonies was being referred to the so-called Public Integrity
Bureau of the Westchester County District Attorney’s Office -----.

11. Each of the Plaintiffs is aware of Marshall’s order, Marshall
and Hall’s threat of retaliatory disciplinary action in the event of noncompliance,
and the self-evident cover-up presently underway to insulate
Hall from criminal prosecution.

12. As a proximate result each of the Plaintiffs has been chilled in the
prospective exercise of his rights of association, speech and to petition
government for the redress of grievance. None will risk the threat of a
disciplinary prosecution with the prospect of an indefinite suspension
without pay. None will report to any other law enforcement agency the
apparent crimes as committed by Hall. None will discuss the matter
further.

13. By reason of Defendants’ conduct each of the Plaintiffs has been
caused: emotional upset; anxiety; violations of their First Amendment
protected rights; humiliation; embarrassment; shame and has otherwise
been rendered sick and sore.

AS AND FOR A CLAIM

13. Repeat and reallege as if fully set forth the allegations of fact
contained in paragraphs “1” to “`12”, inclusive.

14. Under the premises Defendants’ conduct violated Plaintiffs’
rights as guaranteed by the First Amendment to the United States
Constitution, 42 U.S.C. §1983.

WHEREFORE a judgment is respectfully demanded:

a. Awarding against the individually named Defendants
such punitive damages as the jury may impose,

b. Awarding against all Defendants such compensatory
damages as the jury may determine,

c. Awarding reasonable attorney’s fees and costs, and,

d. Granting such other and further relief as to the Court
seems just and proper.

Dated: White Plains, N.Y.
April 6, 2007
LOVETT & GOULD, LLP
By:____________________
Jonathan Lovett (4854)
Attorneys for Plaintiffs
222 Bloomingdale Road
White Plains, N.Y. 10605