Case 7:18-cv-11313-CS Document 1 Filed 12/04/18 Page 1 of 15

UNITED STATES DISTRICT COURT

SOUTERN DISTRICT OF NEW YORK
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MONTIKA DAY JONES
Plaintiff COMPLAINT AND
JURY DEMAND

-against- Docket no.:

RICHARD THOMAS, Mayor of the City of

Mount Vernon in his official and individual ECF CASE
Capacity; CITY OF MOUNT VERNON;
JOSEPH SPIEZIO, Deputy Police
Commissioner in his official and individual
Capacity, DAN JONES, Commissioner,
Buildings Department, in his official and
Individual capacity
Defendants
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PRELIMINARY STATEMENT/PROCEDURAL REQUIREMENT

1. This is a civil rights action in which plaintiff seeks relief for the violation of his rights

secured by 42 USC §1983, §1988 and the First Amendment to the United States Constitution and

42 U.S.C.A. Section 2000e.

2. Plaintiff filed a timely charge of retaliation with the EEOC. On September 18, 2018

Plaintiff received a right to sue in the United District Court pursuant to 42 U.S.C.A. Section

2000e, permitting plaintiff to bring this action. The Right to Sue letter is attached hereto at

Exhibit A and is incorporated herein by reference. Plaintiff has therefore required administrative

remedies.

3. The claim arises from defendant’s retaliation based upon

Plaintiff’s filing an EEOC Complaint, Plaintiff’s affiliation with Damon Jones, owner of Black

Westchester, a newspaper that has been publically critical of Mayor Richard Thomas. The
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Defendants, acting under color of law, willfully and intentionally retaliated against Plaintiff by

attempting to shutdown Cupcake Cutie Boutique, Inc. in which Plaintiff is a co-owner for

exercising her right to free expression and association.

4. Plaintiff seeks special, compensatory and punitive monetary damages against

Defendants Thomas, Joseph Spiezio, Dan Jones, and special and compensatory damages against

the City of Mount Vernon, as well as an award of costs and attorneys' fees, and such other and

further relief as the Court deems just and proper.

JURISDICTION

5. This action is brought pursuant to 28 USC §1331 and 42 USC §1983 and the First

Amendment to the United States Constitution and 42 U.S.C.A. Section 2000e.

6. Venue is laid within the United States District Court for the Southern District of New

York in that Defendants are located in Mount Vernon, County of Westchester and a substantial

part of the events giving rise to the claim occurred within the boundaries of the Southern District

of New York.

PARTIES

7. Plaintiff is a Detective for the Mount Vernon New York Police Department. At all

times relevant, plaintiff was an employee of the City of Mount Vernon until the present.

8. Defendant Richard Thomas1 was at all times relevant and continues to serve as the

Mayor of the City of Mount Vernon. Section 60 of the Mount Vernon City Charter provides that

all executive power of the City and all of its departments are vested in the Mayor. As such, he is

the final policy and decision maker for the City and its departments and agencies. He is sued in

his official and individual capacity.

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On March 11, 2018, Defendant Mayor Thomas was indicted by a Westchester County Grand Jury for Grand
Larceny and the Filing of False Instruments in connection with campaign accounts.

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9. Defendant Dan Jones was at all times here relevant the Commissioner of the

Department of Buildings of the City of Mount Vernon. The Department of Buildings is

established by Section 113 of the Charter of the City of Mount Vernon. Pursuant to the Charter,

the Commissioner is appointed by and serves “during his pleasure” of the Mayor. The

Commissioner has the power to appoint subordinates who serve “during his pleasure”, unless

otherwise provided by law. He is sued in his official individual capacity.

10. Defendant Joseph Spiezio was at all times here relevant the Deputy Commissioner of

the Police Department of the City of Mount Vernon. The Police Department is established by

Section 113 of the Charter of the City of Mount Vernon. Pursuant to the Charter, the Deputy

Commissioner is appointed by and serves “during his pleasure” of the Mayor. The

Commissioner has the power to appoint subordinates who serve “during his pleasure”, unless

otherwise provided by law. He is sued in his official individual capacity.

11. The City of Mount Vernon is a municipal corporation established under the laws of the

State of New York. The final policymaker and decisionmaker for the City is the Mayor of

Mount Vernon.

12. At all times here mentioned all Defendants were acting under

color of state law, to wit, under color of the statutes, ordinances, regulations, policies, customs

and usages of the City and State of New York.

FACTUAL ALLEGATIONS

13. Plaintiff, is a twelve (12) year veteran of the Mount Vernon Police Department. Where

Plaintiff was born and raised in the City of Mount Vernon, she currently serves as a Detective.

14. Plaintiff, has been the recipient of Mount Vernon Police Department’s Excellence of

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Duty Award for her work and dedication in serving the community.

15. Plaintiff has also received the Grand Council of Guardians, Woman’s History Month

Law Enforcement Award among others.

16. Plaintiff is a co-owner of Cupcake Cutie Boutique. Inc. with her daughter Miesha

Stokely since October 15, 2015.

17. Cupcake Cutie Boutique, Inc. is New York Corporation based in the City of Mount

Vernon located at 8 South 6th Avenue, Mount Vernon, NY 10550.

18. Plaintiff is also married to Damon Jones, Co-Owner of Black Westchester, who has

been critical of Mayor Thomas and his administration.

19. Plaintiff has been subjected to numerous forms of a harassment dating back to 2016 the

Year Mayor Thomas took office. First, on or about June 2, 2016, while out on sick leave the

Mount Vernon Police illegally visited Plaintiff’s place of business opposed to her home. Further,

it was confirmed that a City Employee, who worked on Mayor Thomas’ campaign and close

associate of Joseph Spiezio along with the Mount Vernon Police Department Employee Lisa Hill

went to the City Court Clerk, requested Detective Jones court records and posted them on

facebook. The information contained her home address and other personal information. The

purpose of posting Montika Jones court papers was to embarrass and harass Ms. Jones because

of her affiliation with Damon Jones. Exhibit B

20. On July 7, 2016, Plaintiff also received threats from those alleged to be affiliated with

Mayor Thomas. One threat received was “that your husband should stay home at night” putting

fear that harm would be done to herself or her family.

21. On or about March 30, 2017 Plaintiff reported to Shawn Harris the Acting Police

Commissioner that Lisa Hill posted on Facebook, “They’re going after Damon & she’s

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(Montika Jones) is collateral damage. Before Montika even thinks about stepping to me, she

should put a muzzle on her husband” Exhibit C

22. Plaintiff further reported to the Acting Police Commissioner, that or about February 16,

2017, Deputy Police Commissioner Joe Spiezio reported on a radio show WVOX AM about

Plaintiff’s personal and medical information. To date, no one has been discipline or sanctioned

for their illegal actions.

23. On July 11, 2017, an affidavit from Frank Trulio states that in his conversation with

Joseph Spiezio he asked “what’s the problem with Andre Wallace and Damon Jones.” Mr.

Trulio then says Joseph Spiezio said, “They should be careful with what they are saying

especially Damon Jones.” When he asked why? Joseph Spiezio stated “let’s just say his wife is

a police officer herein town and his big mouth will end up effecting her.” Exhibit D

24. In March 30, 2017, Plaintiff wrote to Shawn Harris Acting Police Commissioner

regarding her request for an investigation into her allegations of harassment. Plaintiff also alleges

separately that Mayor Thomas illegally obtained Plaintiff’s medical records in violation of

HIPAA. Exhibit E

25. On August 2, 2017 Plaintiff executed a Stipulation of Settlement in which among other

the City agreed to rescind Plaintiff’s suspension without pay and reinstated the Plaintiff, with

pay, effective and retroactive to April 19, 2017.

26. On Friday, October 13th, 2017, Damon Jones, Owner of Black Westchester and a critic

of Mayor Thomas and the husband of Montika Jones spoke to Mayor Richard Thomas about the

fact that the back pay had not been paid. Mayor Thomas incredulously blamed the Comptroller.

Mayor Thomas then threatened to “rip up” the settlement agreement. Exhibit F

27. On October 23, 2017, Andre Wallace City Councilman of Mount Vernon addressed the

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issue of harassment and demanded that the Mayor Richard Thomas to “Cease and desist from

using the office of the Mayor to issue threats and intimidation against those you believe are your

political foes. Using your office of the Mayor to harass residents, citizens and taxpayers is an

abuse of power.” Exhibit G

28. On about October 24, 2017, Detective Montika Jones filed a retaliation claim with the

EEOC. Exhibit H Plaintiff was finally issued her back.

29. On about July 1, 2018, a front page article was written about the “so – called” Deputy

Commissioner Joe Spiezio of the Mount Vernon Police Department by Black Westchester.

Exhibit I

30. Based upon information and belief Deputy Police Commissioner Spiezio showed the

article to Mount Vernon Detective Gamble and Mount Vernon PBA president and asked him

“what are you going to do about this?” Based upon information and belief Detective Gamble

responded “Nothing, you are not a member and leave Montika Jones out of it.”

31. On or about, July17, 2018, a company owned by Joseph Spiezio, lost its contract to

pick of garbage for the County of Westchester because of a $4.2 million civil judgment for

failing to pay employee benefits. Exhibit J

32. That same day July 17, 2018, inspector Troy Grant was ordered

from the Mount Vernon Building Department to go to Cupcake Cutie Boutique, Inc. Inspector

Grant spoke to Plaintiff and Miesha Stokely. He stated to them he was following up on a

complaint of a “foul odor.” He told Plaintiff that he knew there wasn’t a foul odor but he was

sent anyway by the building department.

33. On July 17, 2018, Plaintiff wrote on Facebook explaining that

her business was being subjected to politically motivated harassment from the Mayor.

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34. Plaintiff explains in her Facebook post that the City of Mount Vernon had sent a

buildings inspector to her business to investigate a foul odor. Troy Grant was the inspector who

was ordered to visit Cupcake Cutie Boutique, Inc. Troy Grant declared the allegation of a foul

odor unfounded. There was no foul odor. His finding was known to the defendant.

35. As Ms. Jones’ Facebook post alludes to, she is married to Damon Jones, and her

daughter is Mr. Jones’ step-daughter.

36. On or about July 19, 2018, Miesha Stokely went to the Mount Vernon Building

Department and confronted them about the alleged complaint. She pointed out that “anonymous

complaint” had been issued to 40 West 1st Street and not 8 South 6th Avenue, Mount Vernon, NY

10550 the actual location of Cupcake Cutie Boutique, Inc.

37. On or about July 19, 2018, Plaintiffs daughter Stokely filed a harassment complaint

since the allege complaint was unfounded. Exhibit K

38. The Plaintiff filed a timely charge of retaliation with the Equal Employment

Opportunity Commission and received a notice dated September18, 2018, of her right to sue in

the United States District Court pursuant to 42 U.S.C.A. Section 2000e, permitting plaintiff to

bring this action. The Right to Sue letter is attached hereto at Exhibit A and is incorporated

herein by reference.

39. On August 2, 2018, Damon Jones, Co-Owner of Black Westchester moderated a Panel

discussion of candidates for the Attorney General of the State of New York. During that panel

discussion Mr. Damon Jones posed questions regarding alleged government corruption.

Exhibit L

40. Coincidentally, the next day around 4:00 PM on Friday, August 3, 2018, Mount Vernon

Building Inspector Troy Grant and other members of the Building Department were ordered by

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Mayor Richard Thomas to go to Cupcake Cutie, Boutique, Inc. They were waiting outside the

shop for police to arrive.

41. Based upon information and belief, there was no list of quality of life violators as the

Mayor alleges. He was heard saying prior to going to Cupcake Cutie Boutique “Let’s go get

some cupcakes.” This statement was preceded by the Mayor’s order to shut down of Cupcake

Cutie Boutique, Inc. in spite of the fact there were no violations issued or no reports of violations

by the Westchester County Health Department.

42. Mayor Richard Thomas vindictiveness and reign of terror continued. Mayor Thomas

with the assistance of the Mount Vernon Building Department ordered the termination of Troy

Grant merely because he shook hands and spoke to the Former Mayor Davis and refused to

follow his illegal orders.

43. On Saturday, August 4, 2018, an employee of the City of Mount Vernon came to the

store and told Miesha Stokely that he worked for the Mayor and what happened was wrong and I

don’t have anything to do with it.

44. On August 5, 2018 the same employee made several derogatory comments on Black

Westchester Face book live video against Plaintiff. The employee indicated Butch Thomas, the

brother of Mayor Thomas was responsible for the derogatory statement.

45. Further based upon information and belief Mayor Thomas was heard saying “Yall

supporting Montika and Cupcake Cutie.?” When the individual stated he supported Montika

Jones, the Mayor became angry and threatened “alright Yall act like something can’t be done

again.”

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46. Plaintiff filed a Notice of Claim against the City and Mayor Richard Thomas.

Exhibit M

47. Under these highly politicized circumstances, Plaintiff’s interaction with Damon Jones,

her filing of several claims against the City of Mount Vernon, Joseph Spiezio losing his contract

with County of Westchester all happening within the proximity it can reasonably be interpreted

that Mayor Thomas, Joseph Spiezio and Daniel Jones actions related to Cupcake Cutie was

retaliation.

48. Unfortunately for the people of Mount Vernon, the allegations herein are not the

first to allege that Defendant Mayor Thomas and the City have used the machinery of

government to attempt to put honest business people in the community out of business, nor the

first time an employee of the defendant City has been terminated for his exercise of First

Amendment rights.

49. In a lawsuit, Larry McDowell, a Mount Vernon employee was terminated because he sat

next to the former Mayor Ernie Davis.

50. In the middle of the night, Mayor Thomas ordered City contractors and the police officers

to demolish a privately-owned tennis center with due process.

51. Mayor Thomas flagrantly violated numerous court orders by failing to remove locks off

the door of OK Freddy and Mega Bottle Redemption .

52. During all the events above described, defendants acted maliciously and with intent to

injure plaintiff and deny her constitutional rights.

53. As a direct and proximate result of the acts of defendants, plaintiff suffered the following

injuries and damages:

a. Violation of his right to free speech pursuant to the First Amendment to the

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United States Constitution;

b. Pain and suffering;

c. Emotional trauma and suffering, including fear, embarrassment, humiliation,

emotional distress, frustration, extreme inconvenience, and anxiety;

d. Special damages and Punitive damages;

FIRST CAUSE OF ACTION

RETALIATION FOR THW LAWFUL EXERCISE OF FREE SPEECH
&ASSOCIATION

54. The above paragraphs are herein incorporated by reference.

55. On or about October 2016, Plaintiff has filed an EEOC claim in connection with her

work as police officer and employee of the City of Mount Vernon.

56. The Plaintiff herself has written numerous letters to the Mount Vernon Police

Department complaining of Harassment.

57. Plaintiff has voiced her displeasure regarding this behavior on her personal social

media pages.

58. The defendant the Mayor of the City of Mount Vernon is the chief executive of the

government of Mount Vernon. As such, he has control over each agency of the City including,

but not limited to the police Department.

59. Defendants acted under the color of law to deprive plaintiff of her civil, constitutional

and statutory rights to be free from the abridgement of lawful expression and associational

conduct when they retaliated against the Plaintiff by attempting to close Cupcake Cutie

Boutique, Inc. due to such expression and associational conduct with the Owner Black

Westchester, who is critical of Mayor Thomas and his administration,

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60. Plaintiff’s association with Damon Jones, Co-Owner of Black Westchester has directly

causally related to the retaliatory conduct of attempting to shut down Cupcake Cutie Boutique

Inc.

61. The causal connection between the conduct and adverse action has been establish by

Plaintiff’s associations and Plaintiff’s speaking out against the conduct of the Mayor.

62. As a further proximate result of defendant’s actions, plaintiff has suffered and continues

to suffer impairment and damage to plaintiff’s lasting embarrassment, humiliation and anguish

and other incidental and consequential damages and expenses.

63. The conduct of the defendants was outrageous; was done in a deliberate, callous,

malicious, fraudulent and oppressive manner intended to injure plaintiff; was done with an

improper and evil motive amounting to malice and spite and was done in a conscious disregard

for Plaintiff’s rights. Plaintiff is therefore also entitled to an award of Punitive damages.

64. Plaintiff has suffered loss of income and psychological distress due to the defendant

Mayor’s unlawful and retaliatory actions and has been damaged as a result of these acts.

SECOND CAUSE OF ACTION

(42 USC § 2000e – RETALIATION)

65. The above paragraphs are here incorporated by reference.

66. On or about October 17, 2016, Plaintiff filed an EEOC Claim against the City of Mount

Vernon. On or about August 9, 2017, Plaintiff received her Right to Sue.

67. Plaintiff settled with the City of Mount Vernon on August 14, 2017.

68. Sometime in October 13, 2017, Mayor Thomas then threatened to “rip up” the

agreement.

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69. On or about October 24, 2017, Plaintiff then filed a retaliation claim with the EEOC.

Only then did Plaintiff receive her back pay.

70. On or about July 17, 2018 Defendant singled out the business owned by Plaintiff.

Defendant ordered Troy Grant Inspector for the City of Mount Vernon to investigate an

unmerited complaint.

71. This action was an attempt by the Mayor to intimidate and harass Plaintiff because she

also filed a complaint against the Mayor.

72. Plaintiff expressed her displeasure on social media.

73. On or about August 3, 2018, Mayor Thomas was heard saying “Let’s go get some

cupcakes” singling out Cupcake Cutie Boutique, Inc. which is co-owned by Plaintiff.

74. Mayor Thomas directed the police to put tape across Plaintiff’s business and threatened

patrons with arrest.

75. Further, on August 5, 2018, based upon information and belief the Mayor’s brother

Butch Thomas was responsible for making derogatory statements against the Plaintiff.

76. Further, based upon information and belief, Mayor Thomas was heard saying “Yall

supportive Montika and Cupcake Cutie?” When the individual stated he supported Plaintiff,

Mayor became angry and threatened “ all night, and expressive conduct Yall act like something

can’t be done again.” undertaken by plaintiff was perceived by defendants as opposition to the

defendants’ policies and support of her husband Damon Jones. In retaliation for such conduct,

defendants unconstitutionally retaliated against plaintiff by attempting to close CupcPake Cutie

Boutique, Inc.

77. The causal nexus between the protected conduct and the adverse action is established by

the Mayor’s statement “Let’s Go Get Some Cupcakes” and the fact that Montika Jones is co-

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owner of Cupcake Cutie Boutique Inc. Absence any violations issued or any resemblance of due

process, the Mayor attempted to embarrass, and publicly cause financial harm by closing

Cupcake Cutie Boutique, Inc.

78. He directed the Police Department and various City Agencies to put tape around the

establishment and threatened patrons with arrest for crossing the tape. Ms. Stokely , daughter of

Damon Jones and Montika Stokely was forced to work and fill orders while police tape was

surrounding the boutique.

79. Defendant’s actions can be seen as retaliation for Plaintiff filing an EEOC Complaint in

violation of 42 USC 2000e.

80. Plaintiff has been damaged as a result of defendants' wrongful acts.

81. The conduct of the defendants was outrageous; was done in a deliberate, callous,

malicious, fraudulent and oppressive manner intended to injure plaintiff; was done with an

improper and evil motive amounting to malice and spite and was done in a conscious disregard

for Plaintiff’s rights. Plaintiff is therefore also entitled to an award of punitive damages.

82. Plaintiff has suffered loss of income and psychological distress due to the defendant

Mayor’s unlawful an retaliatory actions and has been damaged as a result of these acts.

THIRD CAUSE OF ACTION

(42 USC § 1983 –MUNICIPAL LIABILITY)

83. The above paragraphs are here incorporated by reference.

84. The executive power of the City of Mount Vernon is vested in the Mayor. Charter of the

City of Mount Vernon §60. As such, he is the final policymaker and decisionmaker for the

municipality.

85. The Commissioner of the Department of Buildings is appointed by the Mayor and

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remains in office at the pleasure of the Mayor. Charter of the City of Mount Vernon §113.

86. As the final decisionmaker, the municipality, defendant City of Mount Vernon, is liable

for even the single actions and/or decisions made by the defendant Mayor Richard Thomas if the

action or decision results in a violation of a person’s constitutional rights.

87. Nevertheless, as described above, Mayor Thomas’s short tenure has been marred by a

policy and practice of using the machinery of Mount Vernon government to unconstitutionally

punish employees of the City, contractors and business owners.

88. In addition to the instance that is the subject matter of this lawsuit, the retribution for

speech sought against Cupcake Cutie Boutique Inc., the lawsuits described in paragraphs 48 to

50 above, defendant Mayor Thomas has unlawfully punished others for constitutional violations.

89. Defendant Mayor Thomas’s attempt to shut down Cupcake Cutie

renders the municipality liable regardless of any policy or practice. Nevertheless, the defendant

City of Mount Vernon, through the repeated actions of retaliation taken by defendant Mayor

Thomas, also shows a municipal practice of violating the constitutional rights of residents and

stakeholders in the City of Mount Vernon.

90. Plaintiff has been damaged as a result of the actions taken against him by the

municipality.

DAMAGES DEMANDED

WHEREFORE, Plaintiff demands judgment against Defendants as follows:

A. For compensatory damages of not less than $5 million (five million dollars);

B. For punitive damages against the individual Defendants of $1,000,000.00 million

each;

C. For reasonable attorney’s fees, together with cost and disbursements, pursuant to

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42 U.S.C § 1988 and to the inherent powers of this court;

D. For pre-judgment interest as allowed by law; and

E. An order enjoining the defendant from engaging in the future in the wrongful

practices alleged herein; and

F. Granting such other and further relief as this Court deems just and proper.

JURY DEMAND

Plaintiff demands a trial by jury.

DATED: Mount Vernon, New York

November 25, 2018

Yours, etc.,

TO: Corporation Counsel,

City of Mount Vernon
North Roosevelt Square N#111
Mount Vernon, NY 10550 /s/ Pamela D. Hayes
Pamela D. Hayes, Esq.,
200 West 57th Street#708
New York, NY 10019
212/684-6250
Pamhayes7777@gmail.com

/s/ Lauren P. Raysor

Lauren P. Raysor, Esq.
11 West Prospect Avenue
Mount Vernon, NY 10550
914/733-8080
lpraysor@aol.com

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