2}. Set forth the name and address of each member of the
Coalition whose reputation was damaged a8 a result of the
incidents complained of.
22. Set forth the name of each and every document that
was allegedly property of the Coalition, that was unlawfully
eeized by the City defendante, further setting forth how such
alleged setzure violated the First Amendment rights of righes
of privacy of the Coalition members.
23. Set forth each and every item of special damage that
the plaintiff, Coalition, will allege resulted fromthis incident,
setting forth complete details of any such expenditures and/or
losses, including to whom money has been paid as a result of the
incidents complained of.
24, Set forth each and every item of conspiracy and/or
surveillance, that the plaintiff will attribute to the City
defendants, beyond September 22, 1981, further setting forth
the specific dates, times and places relative to seme aad
including the epecific City defesdente tavelved thereie.
25. Set forth each and every allegation upper which the
plaintiff will rely, in secking injunctive relief againat the
City defendants.
26. With regards to the allegations contained in plaintiff's
amended complaint, set forth each and every act that the
plaintiff will attribute to the City defendants, relative to
paragraph "6".
ully attrib
mbers
1981,
Herings
UNITED STATES DISTRICT COURT ‘
NORTHERN DISTRICT OF NEW YORK GUN 3 Rees
ol ee inpsclnonimmdiniliinuacaramannnattatsnesttinteaiitaneeestet
VERA MICHELSON and CAPITAL DISTRICT
COALITION AGAINST APARTHEID AND RACISM,
by its Chairman, MICHAEL DOLLARD,
Plaintiffs, ALBANY COUNTY DEFENDANTS '
FIRST SET OF INTERROGA-
-~against~ TORIES
PAUL DALY, AGENT IN CHARGE, FEDERAL 82-CV-1413 (Miner)
BUREAU OF INVESTIGATION; JOHN J. ROSE,
SPECIAL AGENT, FEDERAL BUREAU OFr
INVESTIGATION; AND UNKNOWN OTHER AGENTS
OF THE FEDERAL BUREAU OF INVESTIGATION;
UNKNOWN NEW YORK STATE POLICE OFFICERS ;
ALBANY COUNTY DISTRICT ATTORNEY SOL
GREENBERG; ALBANY COUNTY ASSISTANT
DISTRICT ATTORNEY JOSEPH DONNELLY;
ALBANY COUNTY ASSISTANT DISTRICT
ATTORNEY JOHN DORFMAN; UNKNOWN OTHER
ALBANY COUNTY DISTRICT ATTORNEYS; THE
COUNTY OF ALBANY; THE CITY OF ALBANY
POLICE CHIEF THOMAS BURKE; CITY OF
ALBANY ASSISTANT POLICE CHIEF JON REID;
CITY OF ALBANY POLICE LIEUTENANT WILLIAM
MURRAY; CITY OF ALBANY DETECTIVE JOHN
TANCHAK; UNKNOWN OTHER CITY OF ALBANY
POLICE OFFICERS; and THE CITY OF ALBANY,
Defendants.
eerie tL CCC
The defendants, Albany County District Attorney Sol
Greenberg, Albany County Assistant District Attorney Joseph
Donnelly, Albany County Assistant District akeocney John Sixteen,
unknown other Albany County District Attorneys and the County
of Albany (hereinafter referred to as Albany County Defendants),
by their attorneys, Carter, Conboy, Bardwell, Case and Blackmore,
pursuant to FRCP Rule 33, request plaintiffs, Vera Michelson,
(hereinafter referred to as Plaintiff Michelson) and Capital
District Coalition Against Apartheid and Racism (hereinafter
referred to as Plaintiff Coalition), to answer the following
interrogatories in writing within thirty days of service:
DEFINITIONS:
A. “"Plaintiff"-~-shall mean plaintiffs or any of them,
or any agent, employee or representative, including, without
limitation, attorney thereof, private investigators of any
nature, or any other persons, partnerships, or legal entities
who are in possession of or who may have obtained information
for or on behalf of the plaintiff.
B. “"Documents"--shall be given the definition set
: forth at Rule 34 of the FRCP.
C. “Produce"~-shall mean produce the documents in
their original or best available form within thirty days of
service of the Request herein at the office of Carter, Conboy,
Bardwell, Case and Blackmore, 74 Chapel Street, Albany, New York
12207, and shall be by attaching to the answers to the interroga~
tories and mailing them to the above~indicated address.
D. "“Identify"--with respect to documents, shall mean
&.
state the author, addressee, persons copied, date, subject matter
and document character (e.g. letter, memorandum, invoice), and
shall refer to documents within the possession, custody or control
of those persons defined as "plaintiff" as set forth in paragraph
"A" above.
E. "“Identify"--with respect to individuals, shall mean
to give the name and last known residence address of such indi-
vidual, and the name and address of the last known place of
business where such individual was or is employed.
/
\
|
|
|
os Fon
| FAILURE TO ANSWER INTERROGATORIES UNDER RULE 33(c) OF FRCP
F. In the following interrogatories, if Plaintiffs
refuse or fail to fully answer any interrogatory, electing instead
to rely on the limited provision of Rule 33(c) of the FRCP, for
each such interrogatory, identify with particularity precisely
from which records the answer may be derived or ascertained in the
|
volume, in numbers of documents, or the records responsive to the
interrogatories, set forth a description of the burden on plain-
tiffs of depriving or ascertaining the answer and state why this
burden would be substantially the same for Defendants, who are
unfamiliar with the plaintiffs' records and the organization
thereof. Also, for each of the Rule 33(c) responses made by
Plaintiffs, produce each and every index, catalogue, and other
record which lists any records which plaintiffs offer to produce
under Rule 33(c) of the FRCP.
FORM OF ANSWERS
G. The answers to these interrogatories are to be
numbered by the plaintiffs in the manner whereby the number of
the answer corresponds with the number of the interrogatory, and
the same instructions apply to sub-paragraphs of each interroga~
tory and your answers.
SUPPLEMENTAL ANSWERS
H. Pursuant to FRCP 26(e), these interrogatories shall
be deemed continuing and Plaintiffs are required to supplement
their responses or answers in the event that new or additional
information is acquired and such supplemental information is to
be supplied within fifteen days of the receipt thereof.
eeamene
INTERROGATORIES
1. Please state full name, date of birth, residential
isi - OMLAD
address and curren employment of plaintiff, vera Michelson.
2. Set forth all acts and omissions of the Albany
County Defendants which the Plaintiff Michelson will claim
violated their right to privacy and association.
3. Set forth all acts and omissions by the Albany
County Defendants which the Plaintiff Michelson will claim
constituted unreasonable searches and seizures.
4. State all acts and solivatinn be the Albany County
Defendants which the Plaintiff Michelson will claim violated
_ due process of law under the Fourth, Fifth and Pourteenth
| Amendments of the U.S. Constitution.
5. State all acts and omissions by the Albany County
Defendants which the Plaintiff Michelson will claim violated
equal protection of the law under the Fourteenth Amendment of
the U.S. Constitution.
6. If the Plaintiff Michelson will claim that the
application for a search warrant referred to in Plaintiff
Michelson's first cause of action was illegal -and/or improper,
please state in what manner it will be claimed that said
application was illegal and/or improper.
7, Ff 4 will be claimed that the warrant application
was deliberately false, misleading and perjurious, please
specify all ways in which it was.
8.
Ba
If it will be claimed by the Plaintiff Michelson
that the search warrant, referred to in the Plaintiff Michelson's
first cause of action, was illegally and/or improperly obtained,
executed and/or enforced, please stated in what manner said
warrant was illegally and/or improperly obtained, executed and/or
enforced.
9. As to the incident referred to in paragraph "46"
of the complaint, please specify:
a.
b.
10%
The exact time and location of the
alleged incident; :
The names and addresses of the
individuals who occupied the
premises at the time of the
incident; ,
Hho 18 nr (TirdtAefic?
The names and identification, if fede. + Yt |
known, of the individual officers 4
involved;
hrohen
List all items and value thereof of prcrte
personal property which Plaintiff
Michelson will claim were broken <b rhe
and/or destroyed; ry hie
State the specific manner in which ie)
entry to plaintiff's apartment was as bast
obtained including the substance of ~j~ ae on
any conversations between the hey -Capa ge !
occupants of the apartment and the from km?
officers;
If it will be claimed that any individuals were
arrested as a result of the incident described in paragraph "46"
of the complaint, please state:
a.
b.
Names and addresses of those arrested
and/or detained;
‘Manner in which those individuals were
detained;
Where those individuals were detained;
#6=
a. The exact length of dentention;
e. Specify the charges at the time of
arrest.
ll. If it will be claimed that the Plaintiff Michelson's
person, was searched when she was first detained, please state:
i a. Location, where pearch was conducted; : at the
Uipasbrist dedi Ahad : aa ?
b. Name or means of identifying each pers
conducting the search;
c. The extent of the search;
d. What, if anything, was found as a
| : result of the search; . ;
e. Whether permission to conduct the
search was given, and if so, by whom
and to whom;
| f. Whether all articles, if any, which
| were found as a result of the search |
-were returned, and if not which articles.
12. If it will be claimed that the Plaintiff Michelson's
' premise was searched, please state:
a. Location of property searched; wt
b. Namie or means of identifying each or
person conducting the search;
c. Extent and area searched;
d. What, if anything, was found or °
confiscated as a result of the
search;
e. List any property which Plaintiff CLiat htasiee
Michelson will claim was damaged ak» (Nhe berm
as a result of the search;
f. Whether permission to conduct the
search was given, and if so by whom
and to whom;
g. Whether all articles, if any, which
were found as a4 result of the search
were returned, and if not which articles
were not returned.
oJ
13. State whether it will be claimed that the Plaintiff
Michelson sustained any personal injury as a result of the actions
alleged. If so, please state:
a. The nature and extent of all personal
injurie claimed;
b. State which, if any, injury will be
claimed to be permanent;
| c. Please list the names and addresses
of all physicians and hospitals who
| treated the Plaintiff Michelson for
the injuries sustained herein,
| , including the date of any treatment.
}
Hl
14. If it will be claimed that Plaintiff Michelson
suffered injury as a result of the incident herein to her employ~
3 ment, please state:
| a. Where she was employed; OMNLDD
b. salary; (§,¢e70
c. Time lost as a result.
15. As to the allegations of conspiracy in paragraphs
"So" and "51" of the complaint, please state:
a. All acts and omissions of the Albany
County Defendant which constituted a
conspiracy:
b. The names and identities of all.
individuals who participated in the
alleged conspiracy;
{' c. List all actions taken as a result
of the conspiracy.
16. As to Plaintiff Michelson's second cause of action,
please state: The time and date the items of personal property
were seized.
17. Please state the name and identities of the
individual or individuals who seized Plaintiff Michelson's
property.
18. List all property alleged to have been removed
from Plaintiff Michelson's apartment.
19. If it will be claimed that not all items were
returned, please list all items not returned.
20. If demands for the unreturned property have been
made, please state:
a. To whom said demands were made;
b. In what form said demands were
made;
c. The exact dates and times of
these demands; '
d. The response, if any, to said
demands.
21. State all acts and omissions of the Albany County
Defendants which allegedly deprived Plaintiff Michelson of her
right to counsel in violation of the Sixth and Fourteenth , P,
yaa rAt ype.
Amendments of the U.S. Constitution. Atty
22. State all acts and omissions of, the Albany County
{
Defendant which allegedly deprived Plaintiff Michelson of her |
right to reasonable bail as guaranteed by the Eighth Amendment 7
of the U.S. Constitution. 3
23. State all acts and omissions of the Albany County
Defendants which deprived the Plaintiff Michelson of liberty
without due process of law guaranteed by the Fifth and Fourteenth
- Amendments of the U.S. Constitution.
=u
| 24. State all acts and omissions of the Albany County
Defendants, which deprived the Plaintiff Michelson of her right
to freedom of speech and association under the First and Fourteenth
Amendments of the U.S. Constitution.
25. State all acts and omissions of the Albany County
| Defendants which deprived Plaintiff Michelson to her right to
| equal protection of laws guaranteed by the Fourteenth Amendment
| of the U.S. Constitution as allege in Plaintiff Michelson's
third cause of action.
26. State the date, time and place of the arrest
alleged in paragraph "61" of the complaint.
27. State the names or identification presented by
the arresting officers.
28. State the nature of the conversation, if any,
that occurred at the time of the arrest. Include the identities
of the participants of said conversation.
29. Will the Plaintiff Michelson claim that any
physical restraints or physical force was used at the time of
the arrest. If so, please state:
a. Nature of physical restraint; ~° , by
b. Nature of physical force exerted;
c. By whom physical force was exerted.
30. As a result of the arrest, where was the Plaintiff
Michelson detained and by what means was the Plaintiff Michelson
transported there and by whom. PMocaa.
31. Please specify as to exact time, location, persons
present, conversations had where by the Plaintiff Michelson was
~10~
32. Please specify as to the exact time, location,
- persons present, conversations had whereby the Plaintiff Michelson
was photographed.
33. Please specify as to the exact time, location,
persons present, conversations had whereby the Plaintiff Michelson
was fingerprinted.
34. Please specify as to the exact time, location,
persons present, conversations had whereby the Plaintiff Michelson.
was given gun powder tests. @* key haehe wp
35. Please specify as to the exact time, location,
persons present, conversations had whereby the Plaintiff Michelson
“a
a Y anil AA foot 7m yf <.. ;
was handcuffed to a table. Ce ‘be Seis as is , eege fem
; C4 A tf .thrmor
36. Please specify as to the exa time, location,
persons present, conversations had whereby the Plaintiff Michelson
was interrogated about her political activities and plans for
the demonstration.
37. Did Plaintiff Michelson at any time request an
attorney, if so:
a. State the names and identities
of those to whom this request was made;
b. State the response to said demands.
38. State the amount of time Plaintiff Michelson will
claim she was confined at the Albany City Police Division If
lock-up prior to her arraignment. 00 UR - IO Ir
39. Did the Plaintiff Michelson request the use of
a telephone, if so:
#Li-~
4
a. How often; Alnoat tstix, jo bean
- A matiars
b. To whom were said requests made ; ohef 4. copa Ch~
"the, nation Wakeling cael
c. State the response to said requests.
40. Please state if the Plaintiff Michelson was
represented by counsel at the arraignment alleged at paragraph
, "64" of the complaint. If so: NO
| a. Please state the name and address
of counsel; , |
b. If Plaintiff Michelson retained Crt he -
counsel when and by what means, pol
i.e. phone call, direct contact; (ln
c. If counsel was retained by one
other than the Plaintiff Michelson,
by whom and when;
ad. When was Plaintiff Michelson's
.first contact or conversation
with counsel as to the incident
herein.
41. Please state whether Plaintiff Michelson or
counsel requested bail be set. If so:
a. To whom;
b. When.
42. Please state whether paid was set, and if so:
a. When was bail set; :
b. How much bail was set;
c. Was bail posted.
43. Please state the details of the arraignment
alleged in paragraphs "64" through “67" of the complaint.
Include:
a. Time, place, court and Judge;
b. Names of the officers present;
c. Names of all counsel present;
| c. Time of arrival at facility; 1100 4p?
«i12~-
a. The section of law plaintiff
Michelson was charged with
violating.
44. Upon arraignment where will the Plaintiff Michelson
claim she was removed to. Include:
a. Means of removal and transportation; Ca.~ 2 ttn.
b. Whether physipal sageresn® was used;
ad. Identification of officers involved
in removal.
45. State the exact length of time the Plaintiff
Michelson will claim she was confined to the Albany County Jail.
46. State the date and time of Plaintiff Michelson's
| release from the Albany County Jail.
47.° State the reasons for which the Plaintiff Michelson
will claim she was released from the Albany County Jail.
48. As to the allegation in paragraph "68" of the
complaint, please state:
a. To whom Assistant District Attorney
Joseph Donnelly recommended bail be
set; é2r=-
b. The amount of the bail recommended;
c. If the recommendation was oral, state
to whom the recommendation was made
and the nature of the conversation;
a. If the recommendation was in writing,
to whom was it directed, state the
nature of the demand and annex 4 COpy-
49. State the conditions under which the Plaintiff
Michelson was released, include whether bail was set and if any
conditions were place upon Plaintiff Michelson's behavior or
activities.
my n
| 50. Please state the disposition of the charges against
‘the Plaintiff Michelson.
51. If the charges were dismissed, please state:
a. When;
b. By whom;
c. In what proceeding;
a. Any conditions imposed as a result
of dismissal;
ee nee are
e. Name and address of any counsel who
represented Plaintiff Michelson on
the defense of charges; :
a
”
f. Name of any District Attorney or
representative who prosecuted said
charges.
| 52. If the Plaintiff Michelson was convicted of any
|
| of the charges, please state:
| a. Date and place of conviction;
b. Name or designation of trial court;
c. Charges on which Plaintiff Michelson
was tried;
dad. Plea to each charge;
e. Finding of the court and the
punishment imposed.
53. State in full the nature of the First Amendment
rights involved in the incident herein, include the manner in
| which the exercise of said right was violated.
54. State the names and address of all who had
knowledge of the alleged violation of the Plaintiff Michelson's
First Amendment rights.
=Lé@-
55. List all, if any, speeches or public talks by
topic and date which would have been given by the Plaintiff
Michelson from September 22, 1981 to the present but ysfor the
BA ~o.007- :
acts of the cate. Tee pie
56. State the manner in which the failure to give
said speeches or public talks was related to the acts of the
Albany County Defendants. . |
57. State the manner in which the Plaintiff Michelson
| was deprived of her liberty without due process.
58. State the manner in which this deprivation of
liberty was related to the acts of the Albany County Defendants.
59. State the manner in which the Plaintiff Michelson
was deprived of counsel as alleged in paragraph "71" of the
complaint.
60. State the manner in which the Plaintiff Michelson's
alleged deprivation of counsel was related to the acts of the
Albany County Defendants.
61. State the manner in which the Plaintiff Michelson
was deprived of her right to reasonable bail as alleged in
paragraph "71" of the complaint. ‘
62. State the manner in which this deprivation is
related to the acts of the Albany County Defendants.
63. State whether it will be claimed that the Plaintiff
Michelson sustained any personal injury as 4 result of the actions
alleged in the Plaintiff Michelson's third cause of action. If
so, please state:
~1 $<
a. Nature and extent of personal injury;
b. State which, if any, injuries will
be alleged to be permanent;
c. Please list the names, addresses
and dates of treatment of all physicians
and hospitals who treated the Plaintiff
Michelson for the injuries alleged.
64. State all acts and omissions of the Albany County
| Defendants which the Plaintiff Michelson will allege constituted
I
!
the conspiracy alleged in Plaintiff Michelson's fourth cause of
action.
65. State the names and identification of all those
alleged to have participated in the alleged conspiracy described
in Plaintiff Michelson's fourth cause of action.
66.. State what the Plaintiff Michelson will claim
was the alleged purpose, nature, reason for the alleged conspiracy.
67. Describe in detail any and all actions which the
Plaintiff Michelson were done in continuance and as a result of
the conspiracy herein alleged. Please include:
a. Names of individuals involved in acts;
b. Dates and times of acts;
c. Nature of acts;
ad. Results of any acts.
68. Describe the policy alleged in the Plaintiff
Michelson's fourth cause of action. Please include:
a. Nature of policy;
b. Individuals who instituted and
‘propounded said policy;
c. How said policy was executed
and enforced;
00 enna te
|
|
|
«16
d. Result of enforcement of said policy;
e. Whether it will be claimed said policy
was illegal and/or improper, and if so,
how.
f. Names and identities of those who
participated in the enforcement of
said policy.
69. State the Plaintiff Michelson's constitutional
| rights allegedly violated by the policy of the City and County |
| of Albany as alleged in Plaintiff Michelson's fourth cause of
- action.
70. State the manner in which the policy of the
J City and County of Albany and alleged conspiracy violated the
Plaintiff Michelson constitutional rights.
71. State the manner in which this violation is
il
related to the Albany County Defendants.
72. State all acts and omissions of the Albany County
Defendants which constituted gross negligence as described in
the Plaintiff Michelson's fifth cause of action.
73. State each and every manner in which it will be
alleged that the defendants, Albany County and Sol Greenmberg, did
not exercise reasonable diligence to prevent said acts and things
t
as alleged in paragraph "79" of the complaint.
74. State each and every was in which the defendants,
Sol Greenberg and the County of Albany, were grossly negligent
in failing to provide adequate supervision for their employees,
agents and officers as alleged in paragraph "80" of the complaint.
nin di bis Naha RR
Maan OMY ot hee ei OE NEAR LE LEI EH Fn a a at Dok da ar
-17-
75. State the manner in which the violation of the
‘plaintiff Michelson constitutional rights was related to the acts
of the defendants, Sol Greenberg and Albany County, in failing
to exercise reasonable diligence and being grossly negligent
in improperly supervising their subordinates.
76. State the specific constitutional rights the
| Plaintiff Michelson will claim were violated as a result of the
} acts of the defendants as alleged in Plaintiff Michelson's fifth
cause of action.
77. State each and every way in which the Plaintiff
Michelson will claim the Albany County Defendants acted with
malice.
78. State each and every act of the Albany County
Defendants which the Plaintiff Michelson will claim were carried
out with reckless disregard of the Plaintiff Michelson's rights.
79. What, if any, criminal proceedings will the Plain-~
tiff Michelson claim were instituted against her as 4 result
of the acts of the Albany County Defendant and form a basis for
Plaintiff Michelson's seventh cause of action. Please include:
a. The nature of all charges; '
b. Name or designation of trial court;
c. Plea to each charge;
ad. Disposition of all charges;
e. Name and address of all counsel
who represented the Plaintiff
Michelson;
¢. Name of all counsel who prosecuted
said charges.
LOTS OREN AIM AT Nc me.
TO ST | ER MREMN TTT OO ae BAT
-18-
80. State all acts or omissions of the Albany County
Defendants Plaintiff Michelson will claim were done in malice
and without probable cause in prosecuting the Plaintiff Michelson
on the aforesaid charges.
81. State what, if any, improper purpose the Plaintiff
Michelson will claim the Albany County Defendants had in prosecuting
the aforesaid charges. |
82. As to the allegations of abuse of process set |
forth in paragraphs "88" and "89" of the complaint, please specify:
| a. All the personal papers and documents
which the Plaintiff Michelson will allege
were confiscated;
b. The place, time and date upon which said
papers and documents were confiscated;
c. -The names and identities of the
individuals confiscating said papers
and documents;
d. Whether consent was given for the
confiscation of said documents and
papers and if so, by whom and to whom.
83. Please specify the process or proceeding which
the Plaintiff Michelson will claim was wrongfully used by the
Albany County Defendants.
a
84. Please state all acts or omissions of the Albany
County Defendants which the Plaintiff Michelson will claim
constituted the wrongful use of the process or proceeding
described above.
85. Set forth all acts or omissions of the Albany
County Defendants which the Plaintiff Michelson will claim
confined or restrained the Plaintiff Michelson against her will.
ite get wena ent ina Lee aba
=i 9<
86. To what area will the Plaintiff Michelson claim
the Plaintiff Michelson was restrained and/or confined by the
Albany County Defendants.
87. State the times, dates and occasions on which
the Plaintiff Michelson will claim the Plaintiff Michelson
was unlawfully arrested, restrained and/or detained.
88. State the duration of any confinement the
of those who restrained or detained the Plaintiff Michelson.
89. Set forth the acts or omissions of the Albany
County Defendants which the Plaintiff Michelson will claim
restrained, detained and/or arrested her by invalid use of
legal authority.
90. Will the Plaintiff Michelson claim that physical
force or restraints were used by the Albany County Defendants
in order to restrain, detain or arrest the Plaintiff Michelson.
If so, please specify:
a. The manner and amount of force used;
b. The type of restraint used;
c. The individuals administering the
restraints and/or force;
da. The dates, times and places where
the physical force and restraints
were administered.
91. State the name and address of the individual
answering on behalf of the Plaintiff Coalition.
|
| Plaintiff Michelson will claim and specify the names and identities
b]
~20=
92. Please state the nature and structure of the
Plaintiff Coalition, including:
a. Type of structure (i.e. corporation,
partnership) ;
b. Date of organization;
Gc. Founder;
Address of coalition;
Qs
e. List names and addresses of officers,
directors, shareholders, partners,
members, trustees, associates;
f. Please annex copies of any of the
coalition's charter; by-laws; rules
and regulations; partnership agreements;
agreements; documention which in any way
provides for the operation of the
Plaintiff Coalition, or states the purpose
for said coalition;
g- List all the coalitions subsidiaries;
affiliates and/or parent organizations.
93. As to the demonstration referred to in paragraph
"98", please specify:
a. Where the demonstration was to
take place;
b. Date and time of demonstration;
c. Number of participants expected;
d. Names and addresses of organizers
of said demonstration;
e. Expected duration of demonstration.
94. What will the Plaintiff Coalition allege constituted
"proper permission" as referred to in paragraph "98" of the
plaintiff's complaint.
ence ae ame
21+
95. Describe the meetings referred to in paragraph
“99" of the complaint, including:
a. Dates and times of the meetings;
b. Names of all present at the alleged
meetings;
c. Nature of discussions at said meetings;
da. Annex copies of any agreements, documents
or memoranda produced as a result of
said meetings. ,
96. Describe the “strategy” referred to in paragraph.
"101" of the complaint, including: :
a. Names and identities of participants
in strategy;
b. Acts and omissions which constituted
alleged strategy.
(97. State each and every act of alleged deliberate and
must .
gross disregard for truth by the Albany County Defendants,
including:
a. Names of those alleged to have acted
on behalf of the Albany County Defendants;
b. Names of public officals untrue informa~
tion distributed to;
Name and association of press individual
involved;
Cc
“nm (a) How untrue information was distributed to
public at large;
Exact statements ef untrue information;
¢) If any writings evidencing the untrue
information distributed exist, please
identify and annex said writings.
|
my
98. State each and every act by the Albany County
Defendants alleged performed to advise owner of commercial
establishment of expected violence, including:
a. Names of representatives of Albany
County Defendants involved;
b. Names of individuals and commercial
establishments to whom information
was conveyed;
c. Manner in which information conveyed.
If writing, identify and annex copy-
99. State all occasions on which the coalition and its
members were harassed, followed subject to surveillance by the
- Albany County Defendants. Please specify:
a. The names of the coalition members fw
_involved;
b. Dates and times of the alleged
occurrances;
c. Places of the alleged occurrances.
100. State the manner in which the reputation of the
Plaintiff Coalition was damaged.
101. State the manner in which the damaged reputation
of the coalition is related to the acts or omigsions of the
Albany County Defendants.
102. State the manner in which the coalition and its
members were deprived of equal protection of the law.
103. State the manner in which the coalition's
deprivation of equal protection of the law is related to the acts
of the Albany County Defendants.
a i
104. State the manner in which the Plaintiff Coalition
was deprived of equal privileges and immunities under the law.
105. State the manner in which the acts of the Albany
County Defendants are related to the deprivation of the Plaintiff
Coalition equal privileges and immunities under the law.
106. State the manner in which the Plaintiff Coalition |
was deprived of the right to freedom of speech and association. |
107. State the manner in which the acts of the
Albany County Defendants related to the Plaintiff Coalition
deprivation of the right to free speech and association.
108. State each and every way in which the Plaintiff
Coalition will allege its rights under the First and Fourteenth
Amendment of the U.S. Constitution were violated.
109. State each and every way in which the acts or
omissions of the Albany County Defendants related to the violation
of the Plaintiff Coalition rights under the First and Fourteenth
Amendments of the U.S. Constitution.
110. Describe in detail the incident referred to in
°
paragraph "112" of the complaint, specify:
a. The date, time and place of the
alleged seizure;
b. Identify all documents alleged to
have been seized;
c. Names and/or identities of all
individuals acting on behalf of
the defendants;
~24-
da. Names and addresses of all individuals
present other than representatives
of defendants;
e. What, if any, property has not been
returned to Plaintiff Coalition.
DATED: June 2, 1983
TO:
Yours, etc.
CARTER, CONBOY, BARDWELL,
CASE AND BLACKMORE
(An associate of the firm)
Attorneys for Albany County
Defendants
office and P.O. Address
74 Chapel Street
Albany, NY¥ 12207
Phone: (518) 465-3484
WALTER & THAYER, ESOS.
Attorneys for Plaintiffs
Office and P.O. Address
69 Columbia Street
Albany, NY 12207
FREDERICK J. SCULLIN, JR.
United States Attorney
Attorney for Federal Defendants
office and P.O. Address
U.S. Courthouse
100 S. Clinton Street
Syracuse, NY 13260
ALAN S. KAUFMAN
Assistant Attorney General
Attorney for State of New
York Defendants
Office and P.O. Address
State Capitol
Albany, NY 12223
JOHN L. SHEA
Assistant Corporation Counsel
Attorney for City of Albany
Defendants
Office and P.O. Address
100 State Street
Albany, N¥ 12207
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UNITED STATES DISTRICT COURT AL)
NORTHERN DIS’TRICT OF NEW YORK
VERA MICHELSON, and CAPITAL DISTRICT
COALI'TLON AGAINSY APARTHEID AND RACISM,
by its Chairman MICHARL DOLLARD,
Plaintiffs,
-against- COMPLAINT
PAUL DALY, AGENT IN CHARGE, FEDERAL BUREAU Civil No.
OF INVESTIGATION; JAMES J. ROSE, SPECIAL
AGENT, FEDERAL BUREAU OF INVESTIGATION;
AND UNKNOWN OTHER AGENTS OF THE FEDERAL BUREAU
OF INVESTIGA'TLON; UNKNOWN NI‘W YORK STATE POLICE
OFFICERS; ALBANY COUNTY DISTRICT ATTORNEY SOL
GREENBERG: ALBANY COUNTY ASSISTANT DISTRICT
ATTORNEY JOSEPH DONNELLY; ALBANY COUNTY ASSIS-
TANT DISTRICT ATTORNEY JOHN DORFMAN; UNKNOWN
OTHER ALBANY COUNTY DISTRICT ATTORNEYS; THE TRIAL BY JURY
COUNTY OF ALBANY; THE CITY OF ALBANY POLICE DEMANDED
CHIEF THOMAS BURKE; CITY OF ALBANY ASSISTANT
POLICE CHIEF JON REID; CITY OF ALBANY POLICE
LIEUTENANT WILLIAM MURRAY; CITY OF ALBANY
DETECTIVE JOHN TANCHAK, UNKNOWN OTHER CITY OF
ALBAN: POLICE OF iCERS, and THE CITY OF ALBANY,
Defendants.
STATEMENT OF CASE
1. Plaintiff, Michelson alleges that on or about 3:00 a.m.,
on September 22, 1941, her apartment at 400 Central Avenue,
Albany, New York, was unlawfully raided and invaded by certain
defendants and approximately ten (10) to tweut, (20) other local,
State, Federal, and unknown law entorcement etficers who burst
into her apartment, while she was sleeping, with shotguns drawn
and weapons pointed, ransacked her apartment, confiscated her
personal papers and property and papers and documents belonging
to the Capital District Cvalition Against Apartheid, and placed
sions AONB AN eat a RNIN
her and two (2) hwuseguests under arrest. Plaintiff was arrested
for two (2) petty offenses and incarcerated at Albany County Jail
thereby preventing her from participating in, organizing, and
leading an anti-apartheid demonstration scheduled for that after-
noon to protest the playing of a game by the Springbok Rugby
Team from the apartheid country of South Africa. The violation
charges against plaintiff were subsequently dismissed.
2. Plaintiff Capital District Coalition Against Apartheid
and Racism (hereinafter “Coalition"), alleges that it was the
local initiator of a lawful march and assembly in Albany, New York,
on September 22, 1982 to protest the staging of a rugby game
between a local team and the South African Rugby Team. Through-
out the organiziny effort, prior to and during the September 22,
1981 demonstration, the defendants individually and together vio-
lated the right of tne Coalition and its members to peacefully
assemble by, but not limited to, the following: spreading false
rumors of violence, disseminating unfounded threats to would be par-
ticipants and supporters, placing the Coalition and its leaders and/
or members under surveillance, maintaining records and files of
first amendment activities of the Coalition and its members, and
arresting plaintiff Vera Michelson, a leading civil rights
activist an? well-known Coalition leader on the morning of the
planned uemonstration, The actions of the defendant signifi-
cantly interfered with the demonstration planned by the Coalition
and damaged the reputation of the Coalition and its members as
peaceful, law-abiding citizens.
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JURISDICTION
3. This goricn is brought pursuant to 42 U.S. 81983, 81985,
81986, and 81988, and the First, Fourth, Fifth, Eighth, Ninth,
Tenth and Fourtee:.th Amendments to the United States Constitution,
Jurisdiction is foumted upon 28 U.S.C. 81331 and 1343 and the
aforementioned statutory and constitutional provisions. Plain~
titt further invokes the pendent jurisdiction of this Court to
hear and decide claims under the laws of New York State.
Timeiy notice has been given to defendants pursuant to State law.
All claims, alleged herein, remain unpaid and unadjusted.
te on caneeee renin men ON
4. Plaintiff Michelson is a thirty-six (36) year old woman
who is a resident of the City of Albany, County of Albany, State
oft New York.
5. Plaintiff Capital District Coalition Against Apartheid
and Racism is an unincorporated association whose chairman is
Michael Dollard. MThe Coalition was formerly known as the Capital
District Coalition Against Racism. The !'.0. Box and Address of
the Cualition is P.O. Box 3002, Albany, New York 12203
6. Defendant Paul Daly is a Special Agent of the Federal
Bureau of Investigation,
7. Defendunt Janes J. Rose is an Agent in charge. of the
Albany Office of the Federal Bureau of Investigation.
8. DbDefendant Sol Greenberg is the District Attorney of the
County of Albany and an employee, officer and agent of the County
of Albany.
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9. Defendant Joseph Donnelly is an Assistant District Attor-
ney of the County of Albany and an employee, officer, and agent
of the County of Albany.
10. Defendant John Dorfman is an Assistant District Attor-
ney of the County of Albany and an employee, officer and agent
of the County of Albany.
ll. The defendant County of Albany is a municipal corporation
under the laws of New York State with its principal office in
Albany County, State of New York.
12. Defendant Thomas Burke is the Police Chief of the City
of Albany Police Department.
13. Defendant Jon Reid is the Deputy Police Chief of the
City of Albany Police Department.
14. Defendant William Murray is a Lieutenant in the Albany
City Police Department.
iS. Defendant John Tanchak is a Detective in the Albany City
Police Department.
16. Defendane City of Albany is a municipal corporation
under the laws of New York State with its principal office in the
City of Albany, County of Albany, State of New York.
17. All unknown clner defendants were New York State Police
Officers or were Albany County Assistant Dintrict Attorneys or
“were Albany Cit:' police officers.
18. Each and every defendant is being sued individually and
“in his or her official capacity.
19. Fach and every defendant was acting in his or her capacity
as stated and in conspiring with other defendants.
