Emeka D. Okongwu Truth & Reconciliation by Civil Rights Watch

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

MR. EMEKA DOMINIC OKONGWU, Plaintiff,

-against-

COUNTY OF ERIE, ERIE COUNTY DISTRICT ATTORNEY’S OFFICE,

PLAINTIFF’S AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES FOR FALSE IMPRISONMENT, RACKETEERING, CONSPIRACY BY PUBLIC OFFICIALS TO ENAGAGE IN A PATTERN OF RACKETEERING AND RELATED CLAIMS

ERIE COUNTY SHERIFF’S OFFICE, CIVIL ACTION

ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

CASE NO.: 1:14-cv-00832

CITY OF BUFFALO, CITY OF BUFFALO POLICE DEPARTMENT,

JURY TRIAL DEMANDED

STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES,

Plaintiff’s Amended Complaint

CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH, JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO, CHILD AND ADOLESCENT TREATMENT SERVICES OF BUFFALO, CHRIS COLLINS, and his successors, in their official capacities as ERIE COUNTY EXCUTIVE, TIMOTHY B. HOWARD, and his successors, in their official capacities as ERIE COUNTY SHERIFF, RICHARD T. DONOVAN, and his successors, in their official capacities as ERIE COUNTY UNDERSHERIFF, ROBERT KOCH, and his successors, in their official capacities as SUPERINTENDENT, ADMINISTRATIVESERVICES DIVISION, JAIL MANAGEMENT DIVISION, ERIE COUNTY, BARBARA LEARY, and her successors, in their official capacities as FIRST DEPUTY SUPERINTENDENT OF THE ERIE COUNTY HOLDING CENTER, KEVIN M. DILLION, and his successors, in their official capacities as ERIE COUNTY DISTRICT ATTORNEY, CAROL BRIDGE, individually and in her official capacity as former ERIE COUNTY DISTRICT ATTORNEY, MICHAEL J. COOPER, individually and in his official capacity as former ERIE COUNTY DISTRICT ATTORNEY,

Plaintiff’s Amended Complaint

MARCIA SCOTT, individually and in her official capacity as OFFICER, BUFFALO POLICE DEPARTMENT, JOHN GRAHAM, individually and in his official capacity as OFFICER, BUFFALO POLICE DEPARTMENT, ROBERT VICTORY, individually and in his official capacity as OFFICER, BUFFALO POLICE DEPARTMENT, FRANK A. SEDITA, III, individually and in his official capacity as ERIE COUNTY DISTRICT ATTORNEY, MS. OLLIE McNAIR, individually, and in her official capacity as a FOSTER CARE MOTHER, JOHN DOES 1-10, individually and in their official capacities as investigators, employees and staff of the ERIE COUNTY DISTRICT ATTORNEY’S OFFICE, the names of which are currently unknown, JOHN DOES 11-20, individually and in their official capacities as officers, investigators, employees and staff of the ERIE COUNTY SHERIFF’S OFFICE, the names of which are currently unknown, JOHN DOES 21-30, individually and in their official capacities as officers, investigators, employees and staff of the ERIE COUNTY HOLDING CENTER, the names of which are currently unknown, JOHN DOES 31-40, individually and in their official capacities as officers, investigators, employees, and staff of the CITY OF BUFFALO POLICE DEPARTMENT, the names of which are currently unknown,

Plaintiff’s Amended Complaint

JOHN DOES 41-50, individually and in their official capacities as officers, investigators, employees, and staff of the NYS DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, the names of which are currently unknown, JOHN DOES 51-60, individually and in their official capacities as officers, investigators, employees, and staff of the NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, the names of which are currently unknown, JOHN DOES 61-70, individually and in their official capacities as officers, directors, trustees, consultants, contractors, partners, affiliates, vendors, employees, and staff of the CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH, the names of which are currently unknown, JOHN DOES 71-80, individually and in their official capacities as officers, directors, trustees, consultants, contractors, partners, affiliates, vendors, employees, and staff of the JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO, the names of which are currently unknown, JOHN DOES 81-90, individually and in their official capacities as officers, directors, trustees, consultants, contractors, partners, affiliates, vendors, employees, and staff of the CHILD AND ADOLESCENT TREATMENT SERVICES OF BUFFALO, the names of which are currently unknown, Defendants.

Plaintiff’s Amended Complaint

COMES NOW the plaintiff Emeka Dominic Okongwu, appearing pro se, as and for a complaint against the defendants above named, states, alleges, and avers as follows: PRELIMINARY STATEMENT 1.

In 1988 defendants knowingly, intentionally and maliciously launched a

conspiracy to deprive plaintiff Emeka Dominic Okongwu, a Nigerian citizen, a single parent, studying in the United States by authority of an F1 Student Visa, of custody of his four year-old twin daughters and place his children into long term state custody through a scheme to incarcerate him under the most pernicious circumstances, and for a long as possible, to perpetrate an invidiously racially discriminatory policy and practice by state actors of removing AfricanAmerican children, without just cause and under false pretenses, into the custody and care of state children welfare authorities for the purposes of promoting a foster care industry within the state and having authority over children for use in human subject research experiments underwritten in federal government agencies and private pharmaceutical companies. All charges arising out of the 1988 arrest was determined to be baseless and unfounded by an Erie County Family Court Judge after a hearing and trial on the evidence.

Plaintiff’s Amended Complaint

In 1992 plaintiff Emeka Dominic Okongwu was falsely arrested again, along with

two other adults, for grotesquely sexually abusing his twin daughters, and convicted solely on the coerced testimony of his then 8 year-old daughters and without any physical evidence whatsoever. Plaintiff Emeka Dominic Okongwu spent 18 years, 11 months and 27 days in prison where he was subjected to hellish conditions, constant physical and psychological abuse, abuse exasperated because of his conviction as a child sex offender, all the while his twin daughters were subjected to a state foster care industry that allowed them to be used in human subject research experiments and totally deprived of family relations, with defendants acting as a corrupt enterprise within the meaning 18 U.S.C. § 1961, et seq.; 18. U.S.C. § 1964, et seq. (civil racketeering).

Defendants coerced, coached and scared plaintiff’s two children, who became the

key witnesses in the criminal prosecution of their natural father---showing the twins films, pictures and images of Disney World and convincing these children that if they cooperate fully and successfully in retelling the fictitious details of their father brutal sexual assault upon them, then they would be able to go to Disney World with their father. In addition, the defendants showed the twins films, pictures and images of poor, starving children in the bush and jungles of rural Africa with wild animals and telling the children that if they failed to retell properly the fictitious story of their father’s abuse, then they would have to leave America and go live in Africa with their father. Defendants created written scripts for children Chendo Okongwu and Nnedi Okongwu who were repeatedly told by defendants that under no circumstance would their father be punished for anything they said or testified to in court.

Plaintiff’s Amended Complaint

On February 1, 1994 plaintiff Emeka Dominic Okongwu was wrongfully

convicted and imprisoned in New York State Supreme on 68 counts of Rape, Incest, Sexual Sodomy, Endangering the Welfare of a Child and Harassment, where, at all times, defendants knew, or should have known, that the plaintiff was totally innocent of the charged crimes and that the evidence produced by defendants was fabricated, false and maliciously used in the prosecution of the plaintiff. Plaintiff seeks pecuniary and non-pecuniary damages from the defendants, joint and severally, in the amount of $37,000,000 (Thirty-Seven Million Dollars). 5.

This is a civil action brought by plaintiff, Emeka Dominic Okongwu, a

permanent resident of the United States and citizen of Nigeria, seeking compensatory and punitive damages from defendants, all state actors or pubic officials, for their acts, all in concert and in furtherance of a conspiracy that began in 1988 and ending upon the judicially compelled release from prison of plaintiff Emeka Dominic Okongwu in 2012, of knowingly, intentionally, invidiously, maliciously, without just cause and upon false pretenses, did arrest, prosecute, and brutally imprison plaintiff Emeka Dominic Okongwu for 18 years, 11 months and 27 days for allegedly grotesquely sexually abusing his 8 year-old twin daughters; causing plaintiff pecuniary and non-pecuniary damages, inter alia, loss of liberty, mental anguish, loss of family relations, continuing pain and suffering, post incarceration psychological issues, lost earnings, and an impaired earning capacity, all in violation of 28 U.S.C. § 2201 et seq; 18 U.S.C. §§ 1961 and 1962 et seq.; 18 U.S.C. § 1964, et seq.; 42 U.S.C. §§ 1981, 1982, 1983, and 1985, 1986 et seq; under the First, Fifth, Fourteenth Amendments to the United States Constitution; as well under the laws of the State of New York.

Plaintiff’s Amended Complaint

JURISDICTION AND VENUE 6.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §

1331, which confers original jurisdiction upon this Court for actions arising under the laws of the United States, and pursuant to 28 U.S.C. §§ 1343(3) and 1343(4), which confer original jurisdiction upon this Court in a civil action to recover damages or to secure equitable relief under any Act of Congress providing for the protection of civil rights of American citizens; (ii) under the Declaratory Judgment Statute, 28 U.S.C. § 2201; (iii) 42 U.S.C. § 1986; (iv) 42 U.S.C. § 1981 et seq., as amended and (v) 42 U.S.C. § 1981(a).

Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b)(1) and (c), in that

the defendants maintains offices, conducts business, and resides in this judicial district, and a substantial portion of the acts that make up the basis of the Amended Complaint occurred within this judicial district. DEMAND FOR TRIAL BY JURY 8.

Pursuant to Rule 38(b) FRCP, the plaintiff hereby demands a jury of all issues to

triable. NO IMMUNITY UNDER STATE LAW 9.

Plaintiff avers that the wrongful and illegal actions and inactions and omissions of

defendants complained of herein were practiced with actual malice and reckless disregard towards plaintiff and their legal rights and property interests, and were willful and constituted malicious, intentional, willful, outrageous, reckless and flagrant misconduct, so as to deprive the defendants of any immunity under New York State law. Plaintiff further avers that any State

Plaintiff’s Amended Complaint

law, ordinance, proclamation, regulation, statute, etc., pursuant to which defendants, or any of them, claim the acted, is unconstitutional, and the defendants’ conduct pursuant to any State law, ordinance, proclamation, regulation, statute, etc., which violated plaintiff’s federally guaranteed rights cannot be immunized by State law. NOTICE OF CLAIMS & EXHAUSTION OF ADMINISTRATIVE REMEDIES 10.

Plaintiff, at all times herein, has satisfied all requirements of Notices of Claims or

the Exhaustion of Administrative Remedies mandated by relevant party defendants. Furthermore, where such requirements may not have been met, plaintiff aver that such requirements are unconstitutional and are promulgated in violation of the Due Process and Equal Protection Clauses of the 14th Amendment of the United States Constitution and the facts and circumstances from which plaintiff’s claim arise have constituted a barrier prohibiting plaintiff from satisfying and defendant mandated law, regulation or ordinance regarding a Notice of Claim or the Exhaustion of Administrative Remedies as a condition precedent to this lawsuit. PARTIES Plaintiff 11.

Plaintiff Emeka Dominic Okongwu (hereinafter “Okongwu”) is a resident of the

City of Buffalo, County of Erie, and State of New York. Okongwu is a Nigerian national who entered the United States in 1978 as an international student to attend Buffalo State College under the authority of an F1 Visa. He is the natural father of plaintiff Chendo Okongwu (hereinafter “Chendo”) and her twin sister Nnedi Okongwu (hereinafter “Nnedi”).

Plaintiff’s Amended Complaint

Defendants 12.

COUNTY OF ERIE, a political and governmental subdivision created and

existing under the laws of the State of New York. 13.

ERIE COUNTY DISTRICT ATTORNEY’S OFFICE, a division and agent of the

defendant County of Erie with duties and powers granted by the laws of New York State to prosecute violations of the criminal statutes of local, state and federal law. 14.

ERIE COUNTY SHERIFF’S OFFICE, a division and agent of defendant County

of Erie with police powers granted by the laws of New York State, with authority to hold in custody persons charged with a criminal offense and provide for the housing, safety and care of persons incarcerated in Erie County, including those held at the Erie County Holding Center located downtown Buffalo, New York. 15.

ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, a division and agent

of defendant County of Erie with authority granted under the laws of the State of New York to, inter alia, to provide for care and protection of children, and, where necessary, investigate allegations of child abuse and provide for the safe housing of children, even in instances where removal of children from parental custody and care is warranted. 16.

CITY OF BUFFALO, a political and governmental subdivision created and

existing under the laws of the State of New York and located within the defendant County of Erie.

Plaintiff’s Amended Complaint

17.

CITY OF BUFFALO POLICE DEPARTMENT, STATE OF NEW YORK, a

division and agent of defendant City of Buffalo, with full police and investigative authority as provided by the laws of New York State. 18.

STATE OF NEW YORK, a state within the United States and subject to the laws,

regulations and provisions of the United States Constitution. 19.

NEW

YORK

STATE

DEPARTMENT

CORRECTIONS

AND

COMMUNITY SUPERVISION, an division and agent of defendant State of New York with authority manage the prison system within the State of New York, including providing the safe custody and care of persons sentenced to incarceration. 20.

NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, a

division and agent of defendant State of New York with authority and jurisdiction, inter alia, to investigate instances of child abuse and, where necessary and proper, to removal children from the custody and care of their natural parents. 21.

CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH, an non-

profit health services corporation organized and operating under the laws of New York State with authority to provide medical care to the general public and conduct scientific research and, upon information and belief, operated a partnership with defendant Jacobs School of Medicine and Biomedical Sciences. 22.

JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE

UNIVERSITY OF NEW YORK AT BUFFALO, a division of the State University of New York organized under the Education Law of New York State with authority to train medical field

Plaintiff’s Amended Complaint

professionals and to conduct scientific research and, upon information and belief, operated a partnership with defendant Children’s Hospital of Buffalo of Kaleida Health. 23.

CHILD AND ADOLESCENT TREATMENT SERVICES OF BUFFALO, a not-

profit corporation organized and operating under the laws of New York and with a mission to provide mental health services to the general public, with a practice of providing mental health counseling service to children who may have been sexually abused. 24.

CHRIS COLLINS, and his successors, in their official capacities as ERIE

COUNTY EXCUTIVE. 25.

TIMOTHY B. HOWARD, and his successors, in their official capacities as ERIE

COUNTY SHERIFF. 26.

RICHARD T. DONOVAN, and his successors, in their official capacities as

ERIE COUNTY UNDERSHERIFF. 27.

ROBERT KOCH, and his successors, in their official capacities as

SUPERINTENDENT, ADMINISTRATIVESERVICES DIVISION, JAIL MANAGEMENT DIVISION, ERIE COUNTY. 28.

BARBARA LEARY, and her successors, in their official capacities as FIRST

DEPUTY SUPERINTENDENT OF THE ERIE COUNTY HOLDING CENTER. 29.

KEVIN M. DILLION, and his successors, in their official capacities as ERIE

COUNTY DISTRICT ATTORNEY. 30.

CAROL BRIDGE, individually and in her official capacity as former ERIE

COUNTY DISTRICT ATTORNEY.

Plaintiff’s Amended Complaint

31.

MICHAEL J. COOPER, individually and in his official capacity as former ERIE

COUNTY DISTRICT ATTORNEY. 32.

MARCIA SCOTT, individually and in her official capacity as OFFICER,

BUFFALO POLICE DEPARTMENT 33.

JOHN GRAHAM, individually and in his official capacity as OFFICER,

BUFFALO POLICE DEPARTMENT. 34.

ROBERT VICTORY, individually and in his official capacity as OFFICER,

BUFFALO POLICE DEPARTMENT. 35.

FRANK A. SEDITA, III, individually and in his official capacity as ERIE

COUNTY DISTRICT ATTORNEY. 36.

MS. OLLIE McNAIR, individually, and in her official capacity as a FOSTER

CARE MOTHER. 37.

JOHN DOES 1-10, individually and in their official capacities as investigators,

employees and staff of the ERIE COUNTY DISTRICT ATTORNEY’S OFFICE, the names of which are currently unknown. 38.

JOHN DOES 11-20, individually and in their official capacities as officers,

investigators, employees and staff of the ERIE COUNTY SHERIFF’S OFFICE, the names of which are currently unknown. 39.

JOHN DOES 21-30, individually and in their official capacities as officers,

investigators, employees and staff of the ERIE COUNTY HOLDING CENTER, the names of which are currently unknown.

Plaintiff’s Amended Complaint

40.

JOHN DOES 31-40, individually and in their official capacities as officers,

investigators, employees, and staff of the CITY OF BUFFALO POLICE DEPARTMENT, the names of which are currently unknown. 41.

JOHN DOES 41-50, individually and in their official capacities as officers,

investigators, employees, and staff of the NYS DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, the names of which are currently unknown. 42.

JOHN DOES 51-60, individually and in their official capacities as officers,

investigators, employees, and staff of the NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, the names of which are currently unknown. 43.

JOHN DOES 61-70, individually and in their official capacities as officers,

directors, trustees, consultants, contractors, partners, affiliates, vendors, employees, and staff of the CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH, the names of which are currently unknown. 44.

JOHN DOES 71-80, individually and in their official capacities as officers,

directors, trustees, consultants, contractors, partners, affiliates, vendors, employees, and staff of the JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO, the names of which are currently unknown. 45.

JOHN DOES 81-90, individually and in their official capacities as officers,

directors, trustees, consultants, contractors, partners, affiliates, vendors, employees, and staff of the CHILD AND ADOLESCENT TREATMENT SERVICES OF BUFFALO, the names of which are currently unknown.

Plaintiff’s Amended Complaint

STATEMENT OF RELEVANT FACTS COMMON TO ALL CLAIMS 46.

Plaintiff Okongwu was in the Onitsha Province of Eastern Nigeria on April 27,

47.

In the winter of 1978 Plaintiff Okongwu entered the United States on an F1 Visa

1950.

as a student to attend Buffalo State College, with no family relatives in the U.S., except a cousin who was completing a doctoral program at the University at Buffalo. 48.

As part of plaintiff’s enrollment requirements at Buffalo State College, plaintiff

was required, and did meet such requirement, to submit to the university his medical records attesting to his health suitability to attend the school full time. 49.

In the fall of 1979 plaintiff transferred his enrollment to the State University of

New York at Buffalo, where he completed his undergraduate degree in business administration on or about 1982-1983. 50.

As part of plaintiff’s enrollment requirements at State University of New York at

Buffalo, plaintiff was required, and did meet such requirement, to submit to the university his medical records attesting to his health suitability to attend the school full time. 51.

At or about 1983, Doris Agbala, a native of Onitsha Province of Eastern Nigeria

entered the United States on an F1Visa and attended Buffalo State College as a full time student. 52.

Plaintiff Okongwu and Doris Agbala formed a traditional Nigerian marriage prior

to Ms. Agbala entered the United States. The traditional Nigerian marriage between plaintiff and

Plaintiff’s Amended Complaint

Ms. Agbala was not a legal marriage under the laws of New York State or any State within the United States. 53.

Unbeknownst to plaintiff, upon arrival in the United States Ms. Agbala had a

serious medical condition related to hyperthyroidism. 54.

On or about September 12, 1984 plaintiff and Ms. Agbala became parents of twin

daughters name Chendo an Nnedi, both of whom were prematurely born at Children’s Hospital, operating by defendant Children’s Hospital of Buffalo of Kaleida Health. 55.

In the spring of 1984 plaintiff received his Master of Business Administration

with a concentration in International Business from University of New Haven in West Haven, Ct. with honors and distinction. 56.

On or about 1985-1986 Ms. Agbala experienced another pregnancy which ended

in a still birth and Ms. Agbala succumbing to a coma for appropriately 3-4 months, all of which come about because of her pre-existing hyperthyroid medical condition. 57.

On or about 1986 Ms. Agbala, incapacitated and wheel chair restricted, returned

to her native home of Onitsha Province of Eastern Nigeria. 58.

Upon the departure of Ms. Agbala from the United States, plaintiff Okongwu

became the sole custodian of his twin daughters. 59.

In a good faith effort to care and provide for his infant children, plaintiff relied on

friends and acquaintances to babysit the children while he worked, with one such paid babysitter being a Betty Swargard who voluntary offered to babysit the twins while plaintiff drove a taxicab at night.

Plaintiff’s Amended Complaint

60.

Upon information and belief, in 1988 Betty Swargard initiated a complaint with

defendant New York State Child and Family Services alleging that plaintiff sexually abused his toddler aged twins. 61.

In 1988, after a trial held in the Erie County Family Court, plaintiff was

exonerated of all allegations of sexual abuse of his twins with the court only finding that plaintiff was negligent because he relied too heavily on friends and acquaintances in the care of his children----in large part because of his work schedule. 62.

As part of the investigation of the 1988 allegations, an agent of defendant CHILD

AND ADOLESCENT TREATMENT SERVICES OF BUFFALO examined plaintiff’s twin daughters for psychological evidence of sexual abuse. 63.

As part of the investigation of the 1988 allegations, agents of defendants

CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH and JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO examined plaintiff’s twin daughters for physical evidence of sexual abuse. 64.

At all times herein, defendants CHILD AND ADOLESCENT TREATMENT

SERVICES OF BUFFALO had access to the extensive medical records of plaintiff, Ms. Agbala, and the twin toddlers. 65.

Upon information and belief, during the 1988 Family Court proceedings,

plaintiff’s twin daughter, without cause or court order, were placed under the custody and care of defendant Ollie McNair by defendants ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES and NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES.

Plaintiff’s Amended Complaint

66.

From the conclusion of the 1998 Family Court action and until September 18,

1992 plaintiff enjoyed regular visitations with his children who remained under the custody and care of foster guardian defendants 67.

At all times herein, the plaintiff’s twin daughter received medical treatment solely

at facilities owned and operated by agents of defendants CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH and JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO. 68.

Upon information and belief, during the 1988 Family Court proceeding where

plaintiff was charged with sexual abuse, and the Court found no basis for such charges, defendants Ollie McNair, ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, CHILD AND ADOLESCENT TREATMENT SERVICES OF BUFFALO, CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH and JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO did unilaterally, and without just cause, legal or medical basis, did conspire and decide that plaintiff was not capable, suitable or appropriately able to care for his children and, notwithstanding the findings of a Family Court Judge, would deny plaintiff custody and control of his children. 69.

Upon information and belief, during the 1988 Family Court proceeding where

Plaintiff’s Amended Complaint

ADOLESCENT TREATMENT SERVICES OF BUFFALO, CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH and JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO did unilaterally, and without just cause, legal or medical basis, did conspire and decide that plaintiff’s Nigerian national origin and cultural traditions were a bar to the health and well being of his children, and therefore, plaintiff was not capable, suitable or appropriately able to care for his children and, notwithstanding the findings of a Family Court Judge, would deny plaintiff custody and control of his children. 70.

Upon information and belief, during the 1988 Family Court proceeding where

plaintiff was charged with sexual abuse, and the Court found no basis for such charges, defendants Ollie McNair, ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, CHILD AND ADOLESCENT TREATMENT SERVICES OF BUFFALO, CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH and JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO did unilaterally, and without just cause, legal or medical basis, did conspire and decide that plaintiff’s the health history of plaintiff, natural mother of plaintiff’s daughters, and the plaintiff’s children themselves could serve as unique and special subjects in human subject research on early childhood illnesses, drug dosage testing and long term psychological development of pre-maturely born children, particularly those of East African decent and therefore, the children should remain under the custody and care of the foster care agencies of

Plaintiff’s Amended Complaint

the State of New York and, if possible, parental rights should be eliminated so that defendants would retain long term control of plaintiff’s children, in large part, for scientific research. 71.

Upon information and belief, Jan Henry, as an agent of defendant CHILD AND

ADOLESCENT TREATMENT SERVICES OF BUFFALO did collaborate, testify and conspire with defendants to entrap, lie and provide false testimony in furtherance of the scheme to deny plaintiff custody and control of his children, causing the long term false imprisonment of plaintiff, the long term foster care treatment of his children, and making plaintiff’s children available for long term human subject scientific research. 72.

Upon information and belief, Dr. Stephen Lazoritz, as an agent of defendants

CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH and JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO did collaborate, testify and conspire with defendants to entrap, lie and provide false testimony in furtherance of the scheme to deny plaintiff custody and control of his children, causing the long term false imprisonment of plaintiff, the long term foster care treatment of his children, and making plaintiff’s children available for long term human subject scientific research. 73.

Upon information and belief, defendants, individually and in the aggregate did,

without knowledge or consent of plaintiff or any person with due and proper authority, transmit plaintiff’s and plaintiff’s children’s medical records to one another and JOHN DOE defendants via the United States Postal Service.

Plaintiff’s Amended Complaint

74.

At no time herein did plaintiff ever consent to the release of his medical records,

or the medical records of his children, for use in any human subject research trial. Nor has plaintiff ever waived any right to privacy afforded the confidentiality of his or his children’s medical records of history. 75.

Upon information and belief, defendants, together and individually, formed an

enterprise and devised a plan to cause the arrest and imprisonment of plaintiff and successfully launched the final phase to such plan with the September 18, 1992 arrest of plaintiff on multiple counts, inter alia, of child sexual abuse. 76.

Defendants coerced, coached and scared plaintiff’s two children, who became the

Plaintiff’s Amended Complaint

77.

On February 1, 1994, by indictment number 91-2386-001, plaintiff was convicted

on 68 counts of, inter alia, sexual assault of his twin daughters in New York State Supreme Court, Erie County and sentenced to an aggregate prison term with a minimum of 35 2/3 years and a maximum of 107 years. 78.

Upon information and belief, scheme to deprive plaintiff of custody and control of

his children was successful upon the plaintiff’s conviction and long-term sentencing to jail. Defendants, upon information and belief, all now profit and benefit of plaintiff’s children being placed in long term foster care, resulting in each and all of defendants, individually and collectively profiting and benefiting in an amount greater than $10,000. 79.

Plaintiff was convicted on the testimony of the testimony of his 8 year old twin

daughters along with the testimony on agents for defendants ADOLESCENT TREATMENT SERVICES OF BUFFALO, CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH and JACOBS SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, STATE UNIVERSITY OF NEW YORK AT BUFFALO. 80.

During his incarceration, plaintiff was subject brutal physical, emotional and

psychological abuse from both other inmates and employees defendants NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION and ERIE COUNTY SHERIFF’S OFFICE. 81.

During his incarceration, while under the custody and care of defendants NEW

YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION and ERIE COUNTY SHERIFF’S OFFICE plaintiff’s legal papers were routinely intentionally

Plaintiff’s Amended Complaint

destroyed and efforts by plaintiff to overturn his convicted were intentionally frustrated by agents of defendant State of New York. 82.

During plaintiff’s 18 years, 11 months and 27 days of incarceration, plaintiff was

maliciously moved from the Erie County Holding Center, to the Wendy Correctional Center, to the Elmira Correctional Facility, to the Green Haven Correctional Facility, to the Attica Correctional Facility, then back to the Green Haven Correctional Facility, and then Five Points Correctional Facility, and then to Great Meadow Correctional Facility, and then to Coxsackie Correctional Facility, and then back to the Erie County Holding Center (where he was finally released in December of 2011), all in an effort to frustrate plaintiff’s efforts to seek his freedom. 83.

During plaintiff’s incarceration he suffered severe physical and emotionally

injuries, mental anguish, anxiety, post traumatic stress, injuries to his head, face, hands, mouth, right testicle, all rendering plaintiff sick, sore and lame and causing him past and continuing medical expenses, present and future loss wages, loss of career, and loss family relations, particularly severely disrupted relations with his twin daughters. 84.

Inasmuch as defendants prosecuted two other persons in conjunction with and

part of the same scheme defendants falsely arrested, prosecuted and incarcerated plaintiff, the conduct of defendants constitute a pattern of conduct, operating, in part, with federal funds greater than $10,000.00.

Plaintiff’s Amended Complaint

COUNT I AS AND FOR A FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS CONSPIRACY, RACKEETERING AND ENGAGING IN A PATTERN OF RACKEETERING IN VIOLATION OF 18 U.S.C. . § 1961, 18 U.S.C. § 1962 (c), 18 U.S.C. § 1962 (d), AND 18 U.S.C. § 1964. 85.

Plaintiff repeats and re-alleges each of the above paragraphs as if fully set forth

herewith. 86.

In their scheme to falsely imprison plaintiff and deny plaintiff lawful custody of

his children, defendants did engage in unlawful conduct in violation of 18 U.S.C. 1961, 18 U.S.C. 1962(c), 18 U.S.C. 1962(d), and 18 U.S.C. 1964 by acting in concert and in furtherance of a conspiracy, creating, facilitating, associating, operating, managing, and participating in the conduct of the affairs of enterprises that affect interstate commerce by engaging in a pattern of racketeering, all in violation of 18 U.S.C. 1346, 18 U.S.C. 1341, 18 U.S.C. 1343, 18 U.S.C. 371, 18 U.S.C. 1957, 18 U.S.C. 1956, and 18 U.S.C. 201. 87.

As of direct result of the foregoing deprivation plaintiff has suffered severe

Plaintiff’s Amended Complaint

COUNT II AS AND FOR A SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR THE DEPRIVATION OF PLAINTIFF’S CIVIL RIGHTS GUARANTEED BY FOURTH, FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION AND 42 U.S.C. § 1983 BY VIRTUE OF THE ILEGAL ARREST PROSECUTION AND INCARCERATION OF PLAINTIFF 88.

Plaintiff repeats and re-alleges each of the above paragraphs as if fully set forth

herewith. 89.

Defendants, acting jointly and severally, conspired to and did adversely impact

plaintiff’s employment, employment opportunities, promotional opportunities, and past and future wages because of plaintiff’s race and national origins and in retaliation of plaintiff exercising his rights under federal and state constitutional laws. 90.

Defendants have and did deprived plaintiff of his rights to make and enforce

contracts and to the full and equal benefit of defendants’ ruled, regulations, and all laws and proceedings for the hire and security of plaintiff’s employment because of plaintiff’s race and national origins and in violation of 42 U.S.C. 1983. 91.

Defendants knew or should have known that their conduct violated plaintiff’s

clearly established constitutional right to make and enforce contracts. 92.

Defendants acted with intent to violate plaintiff’s clearly established Fourteen

Amendment rights, acting in concert and under color of law.

Plaintiff’s Amended Complaint

93.

As of direct result of the foregoing deprivation plaintiff has suffered severe

injuries, loss of freedom for a substantial part of his life, loss past and future wages, other actual damages, along with attorney fees and costs in amount totaling $36,000,000 (Thirty-Six Million Dollars). COUNT III AS AND FOR A THIRD CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR THE DEPRIVATION OF PLAINTIFF’S CIVIL RIGHTS GUARANTEED BY FOURTH, FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION AND 42 U.S.C. § 1985 BY VIRTUE OF THE ILEGAL ARREST PROSECUTION AND INCARCERATION OF PLAINTIFF 94.

Plaintiff repeats and re-alleges each of the above paragraphs as if fully set forth

herewith. 95.

Defendants, acting jointly and severally, conspired to and did adversely impact

Defendants have and did deprived plaintiff of his rights to make and enforce

Plaintiff’s Amended Complaint

97.

Defendants knew or should have known that their conduct violated plaintiff’s

clearly established constitutional right to make and enforce contracts. 98.

Defendants acted with intent to violate plaintiff’s clearly established Fourteen

Amendment rights, acting in concert and under color of law. 99.

Defendants, acting under color of law, did maliciously, recklessly and wantonly

deprive plaintiff of his freedom and knowingly and intentionally falsely incarcerated plaintiff based on false or misleading evidence. 100.

As of direct result of the foregoing deprivation plaintiff has suffered severe

injuries, loss of freedom for a substantial part of his life, loss past and future wages, other actual damages, along with attorney fees and costs in amount totaling $36,000,000 (Thirty-Six Million Dollars). COUNT IV AS AND FOR A FOURTH CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR THE DEPRIVATION OF PLAINTIFF’S CIVIL RIGHTS GUARANTEED BY FOURTH, FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION AND 42 U.S.C. § 1981 BY VIRTUE OF THE ILEGAL ARREST PROSECUTION AND INCARCERATION OF PLAINTIFF 101.

Plaintiff repeats and re-alleges each of the above paragraphs as if fully set forth

herewith. 102.

Defendants, acting jointly and severally, conspired to and did adversely impact

plaintiff’s employment, employment opportunities, promotional opportunities, and past and

Plaintiff’s Amended Complaint

future wages because of plaintiff’s race and national origins and in retaliation of plaintiff exercising his rights under federal and state constitutional laws. 103.

Defendants have and did deprived plaintiff of his rights to make and enforce

Defendants knew or should have known that their conduct violated plaintiff’s

clearly established constitutional right to make and enforce contracts. 105.

Defendants acted with intent to violate plaintiff’s clearly established Fourteen

Amendment rights, acting in concert and under color of law. Defendants, acting jointly and severally, conspired to and did adversely impact plaintiff’s employment, employment opportunities, promotional opportunities, and past and future wages because of plaintiff’s race and national origins and in retaliation of plaintiff exercising his rights under federal and state constitutional laws. 106.

Defendants have and did deprived plaintiff of his rights to make and enforce

Defendants knew or should have known that their conduct violated plaintiff’s

clearly established constitutional right to make and enforce contracts.

Plaintiff’s Amended Complaint

108.

Defendants acted with intent to violate plaintiff’s clearly established Fourteen

Amendment rights, acting in concert and under color of law. 109.

Defendants, acting under color of law, did maliciously, recklessly and wantonly

deprive plaintiff of his freedom and knowingly and intentionally falsely incarcerated plaintiff based on false or misleading evidence. 110.

As of direct result of the foregoing deprivation plaintiff has suffered severe

injuries, loss of freedom for a substantial part of his life, loss past and future wages, other actual damages, along with attorney fees and costs in amount totaling $36,000,000 (Thirty-Six Million Dollars). COUNT V AS AND FOR A FIFTH CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR THE DEPRIVATION OF PLAINTIFF’S CIVIL RIGHTS GUARANTEED BY FOURTH, FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION AND 42 U.S.C. § 1982 BY VIRTUE OF THE ILEGAL ARREST PROSECUTION AND INCARCERATION OF PLAINTIFF 111.

Plaintiff repeats and re-alleges each of the above paragraphs as if fully set forth

herewith. 112.

Defendants, acting jointly and severally, conspired to and did adversely impact

Plaintiff’s Amended Complaint

113.

Defendants have and did deprived plaintiff of his rights to make and enforce

Defendants knew or should have known that their conduct violated plaintiff’s

clearly established constitutional right to make and enforce contracts. 115.

Defendants acted with intent to violate plaintiff’s clearly established Fourteen

Amendment rights, acting in concert and under color of law. 116.

Defendants, acting jointly and severally, conspired to and did adversely impact

Defendants have and did deprived plaintiff of his rights to make and enforce

Defendants knew or should have known that their conduct violated plaintiff’s

clearly established constitutional right to make and enforce contracts. 119.

Defendants acted with intent to violate plaintiff’s clearly established Fourteen

Amendment rights, acting in concert and under color of law.

Plaintiff’s Amended Complaint

120.

Defendants, acting under color of law, did maliciously, recklessly and wantonly

deprive plaintiff of his freedom and knowingly and intentionally falsely incarcerated plaintiff based on false or misleading evidence. 121.

Defendants has actual knowledge at all material times herein that the wrongs

conspired to be done, as alleged, were about to be or were in the process of being committed during the period herein stated as the 1988 Family Court proceeding date and until the date of this complaint. 122.

As of direct result of the foregoing deprivation plaintiff has suffered severe

injuries, loss of freedom for a substantial part of his life, loss past and future wages, other actual damages, along with attorney fees and costs in amount totaling $36,000,000 (Thirty-Six Million Dollars). COUNT VI AS AND FOR A FIFTH CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR THE DEPRIVATION OF PLAINTIFF’S CIVIL RIGHTS GUARANTEED BY FOURTH, FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION AND 42 U.S.C. § 1986 BY VIRTUE OF THE ILEGAL ARREST PROSECUTION AND INCARCERATION OF PLAINTIFF 123.

Plaintiff repeats and re-alleges each of the above paragraphs as if fully set forth

herewith. 124.

Defendants, acting jointly and severally, conspired to and did adversely impact

plaintiff’s employment, employment opportunities, promotional opportunities, and past and

Plaintiff’s Amended Complaint

future wages because of plaintiff’s race and national origins and in retaliation of plaintiff exercising his rights under federal and state constitutional laws. 125.

Defendants have and did deprived plaintiff of his rights to make and enforce

Defendants knew or should have known that their conduct violated plaintiff’s

clearly established constitutional right to make and enforce contracts. 127.

Defendants acted with intent to violate plaintiff’s clearly established Fourteen

Amendment rights, acting in concert and under color of law. 128.

Defendants, acting jointly and severally, conspired to and did adversely impact

Defendants have and did deprived plaintiff of his rights to make and enforce

Defendants knew or should have known that their conduct violated plaintiff’s

clearly established constitutional right to make and enforce contracts.

Plaintiff’s Amended Complaint

131.

Defendants acted with intent to violate plaintiff’s clearly established Fourteen

Amendment rights, acting in concert and under color of law. 132.

Defendants, acting under color of law, did maliciously, recklessly and wantonly

deprive plaintiff of his freedom and knowingly and intentionally falsely incarcerated plaintiff based on false or misleading evidence. 133.

Defendants has actual knowledge at all material times herein that the wrongs

As of direct result of the foregoing deprivation plaintiff has suffered severe

injuries, loss of freedom for a substantial part of his life, loss past and future wages, other actual damages, along with attorney fees and costs in amount totaling $36,000,000 (Thirty-Six Million Dollars). COUNT VII AS AND FOR A FOURTH CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR THE DEPRIVATION OF PLAINTIFF’S CIVIL RIGHTS GUARANTEED BY FOURTH, FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION AND 28 U.S.C. § 2201 BY VIRTUE OF THE ILEGAL ARREST PROSECUTION AND INCARCERATION OF PLAINTIFF 135.

Plaintiff repeats and re-alleges each of the above paragraphs as if fully set forth

herewith.

Plaintiff’s Amended Complaint

136.

That defendants did imprison plaintiff at the Erie County Holding just prior to his

2011 release. 137.

That over the entire period of plaintiff incarceration, he did acquire numerous

personal items, including letters from his children, legal papers and other documents evidencing his long term imprisonment. 138.

That upon his release, and since, defendants have refused to release plaintiff

personal property that remains in their custody and control. 139. As of direct result of the foregoing deprivation plaintiff has suffered severe injuries, loss of freedom for a substantial part of his life, loss past and future wages, other actual damages, along with attorney fees and costs in amount totaling $36,000,000 (Thirty-Six Million Dollars). 140.

Plaintiff ask the Court to declare defendants’ continue refusal to release his

personal property illegal and constitutional and order the immediate release of his personal property. PRAYER FOR RELIEF WHEREFORE, plaintiffs demands judgment against the defendants as follows: (a) that this Court assume jurisdiction of this matter; (b) issue and Order finding defendants in violation of all allegations in Counts I, II, III, IV, V, VI and VII; (c) issue a declaratory judgment finding defendants’ refusal to release his personal property illegal and unconstitutional;

Plaintiff’s Amended Complaint

(d) award plaintiff compensatory damages in the amount of $36,000,000 (ThirtySix Million Dollars); (e) hold all defendants joint and severally liable for compensatory damages awarded to plaintiff, and in so lido for such damages; (f) award punitive damages against individual defendants and defendants CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH and CHILD AND ADOLESCENT TREATMENT SERVICES OF BUFFALO; (g) grant an Order restraining defendants from any retaliation in any form against plaintiff or his children for participation in this litigation; (h) retain jurisdiction of this action until defendants have fully complied with all Orders of the Court; (i) award plaintiff attorney fees and costs; (j) make further Orders as the Court deem just, necessary and proper. Dated: October 15, 2015 Buffalo, New York Respectfully Submitted, _______________________________ Plaintiff, Pro Se 140 Walnut Street Buffalo, New York 14204 (716) 533-9042

Plaintiff’s Amended Complaint