Civil Rights

Frank Policelli, Esq.

Discrimination or harassment in the work place is illegal. No employer can discriminate against an employee or a potential employee based on race, religion, national origin, sex or gender, age, legal immigration status, disability or perceived disability, or sexual orientation or sexual preference. You also have a constitutional right to be free from illegal actions taken against you by police officers or others acting under color of state law. You probably know that. But you may not fully understand what it means.

Did you know that sexual harassment is, by law, a form of sexual discrimination and is illegal?
Did you know that if you are disabled a company has to make reasonable accommodations to allow you to keep your job?
Did you know that ethnic jokes or jokes of a sexual nature can create a hostile work environment that you do not have to put up with?
Do you know that you may still have a claim even if you have left your job voluntarily?
Do you know that you may still have a claim against the police even if you are convicted?

Here is just a sample of cases where I've been able to get the injured party what they deserve:

Payne v. City of Utica (2009)

Federal civil rights case charging City of Utica Police Officers with excessive force after officer beat handcuffed victim. Following trial, jury awarded $360,000 verdict

Page v. City of Oneida (2008)

Federal civil rights case charging City of Oneida Police Officers with using excessive force in effecting an arrest, causing bruising, contusions and a fracture to the elbow. Defeated a summary judgment motion and successfully negotiated a confidential settlement.

Various Plaintiffs v. Edward Hanna, City of Utica (2000)

Four City of Utica employees accused the Mayor of Utica of using his position as mayor to force unwanted sexual contact. Successfully negotiated a confidential settlement for all plaintiffs.

Tomaczewski v. Town of Whitestown, et al (1998)

Plaintiff was unlawfully seized from his home without probable cause and without a warrant and was illegally transported to St. Elizabeth Hospital. DWI charges were dismissed and a confidential settlement was negotiated for the unlawful arrest.

Metott v. County of Oneida, Village of Camden (1997)

Plaintiff was injured when officers effecting an illegal arrest sprayed him with mace, jumped on his chest, handcuffed him and transported to the Village of Camden Police Department where he remained handcuffed for several hours before freed on bail. Original charges were dismissed and a confidential settlement was negotiated.

Jones v. City of Utica (1995)

Plaintiff was sexually assaulted and harassed by City of Utica Codes Officer during the course of a codes inspection. A confidential settlement was negotiated for client and anothre individual making similar allegations.

Hastings v. County of Oneida, Town of Whitestown (1994)

Officers broke into clients' residence and assaulted client and infant plaintiff in effecting an illegal arrest, violating client's constitutional rights against illegal search and seizure. Settlement of $40,000.

Carpenter v. Village of Earlville (1994)

Plaintiff was injured when officers used excessive force while effecting an illegal arrest for Driving While Intoxicated, spraying him with mace, throwing him to the ground and striking him with a hard object. Charges were dismissed and a $30,000 settlement was negotiated.

If you believe you have been discriminated against, or abused by the police, call me at (315) 793-0020 to discuss your options.

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