Case 6:16-cv-06267-MAT Document 1 Filed 04/22/16 Page 1 of 5

UNITED STATES DISTRICT COURT

Western District of New York
_________________________________________
JENNIFER MERROW,
Plaintiff,
CIVIL ACTION NO.______
vs.
RAELLE ASHLEY, TIMOTHY ROMACH,
RONALD W. HARLING, PATRICK OFLYNN
each in his or her official and individual capacity,
and
JOHN DOE, a fictitious name representing
one or more deputies or employees of
the Monroe County Sheriffs Department,
individually and in their official capacities,
the identities of whom are unknown to Plaintiff,

COMPLAINT

PLAINTIFF DEMANDS
JURY TRIAL

Defendants.
_________________________________________
Plaintiff, Jennifer Merrow, by her attorneys, Ganguly Brothers, PLLC (Anjan K.
Ganguly, Esq., of counsel), as and for her Complaint against Defendants, the Monroe County
Sheriff Patrick OFlynn, Monroe County Jail Superintendent Ronald W. Harling, Monroe
County Sheriffs Deputies Raelle Ashley and Timothy Romach, each in his or her individual and
official capacity, and John Doe, a fictitious name representing one or more deputies or
employees of the Monroe County Sheriff's Office, individually and in their official capacities,
the names of whom are currently unknown to Plaintiff, alleges as follows:

I.

1.

JURISDICTION AND VENUE

This action is brought pursuant to 42 U.S.C. 1983, 1988 and the Fourth, Eighth, and
Fourteenth Amendments to the Constitution of the United States.

2.

This Court has subject matter jurisdiction of the action under 28 U.S.C. 1331,
1343(a)(3), (4), and the aforementioned statutory provisions.

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3.

This action is commenced within the limitation periods governing actions as to causes of
action under 28 U.S.C. 1983 as to all Defendants.

4.

Venue in this Court is proper as to all Defendants pursuant to 28 U.S.C. 1391(a)(2) and
(b)(2) because the events giving rise to the claims occurred within this district.

II.

5.

PARTIES

At all times herein alleged, Plaintiff Jennifer Merrow (Plaintiff), was a resident of the
County of Monroe, State of New York.

6.

At all times herein alleged Defendant County of Monroe was and is a municipal
corporation duly organized and existing under the laws of The State of New York, and
located in the State of New York.

7.

Upon information and belief, at all times herein alleged Defendant Monroe County
Sheriff Patrick OFlynn was and is a duly elected sheriff pursuant to New York State
Law, and resided or had a place of business in the County of Monroe, State of New York.

8.

Upon information and belief, at all times herein alleged Ronald W. Harling was and is the
Superintendant of the Monroe County Jail, and is employed by Defendant OFlynn.

9.

At all times herein alleged Defendants OFlynn and/or Harling held supervisory
responsibility and authority over the Monroe County Jail, employed deputies to work in
said jail, and were responsible for hiring, training, supervision, and retention of said
deputies.

10.

Upon information and belief, at all times herein alleged, Defendant Raelle Ashley was a
deputy sheriff employed by the Monroe County Sheriff and assigned to work in the
Monroe County Jail.

11.

Upon information and belief, at all times herein alleged, Defendant Timothy Romach was
a deputy sheriff employed by the Monroe County Sheriff and assigned to work in the
Monroe County Jail.

12.

At all times relevant herein, all Defendants herein acted under color of state law.

III.

FACTUAL ALLEGATIONS

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13.

On December 19, 2014, at approximately 6:30 p.m. plaintiff was arrested by Rochester
Police officers and transported to the Monroe County Jail for booking.

14.

While at the Monroe County Jail, Plaintiff was attacked, kicked, choked, punched,
thrown to the ground, maced, and subject to extreme physical restraint by Defendants
Ashley, Romach, and/or Doe, and suffered serious physical injuries as a result thereof.

15.

As a result of said attack, Plaintiff lost consciousness, and awoke in a holding cell or
other room. While Plaintiff was unconscious, her clothes were removed by one or more
of the Defendant deputies. When Plaintiff awoke, she was naked, in full view of one or
more of the Defendant deputies were present at this time, including one or male deputies.

16.

One or more of the Defendant deputies ordered Plaintiff to take various poses so that she
could be photographed. One or more of the Defendant deputies took photographs of
Plaintiff on their cell phone(s).

IV.
AS AND FOR A FIRST CAUSE OF ACTION:
EXCESSIVE USE OF FORCE IN VIOLATION OF PLAINTIFF'S
CONSTITUTIONAL RIGHTS

17.

Plaintiff repeats and re-alleges all allegations made above as if fully set forth herein.

18.

Defendants Ashley, Romach, and Doe used excessive and unnecessary force against
Plaintiff in violation of Plaintiff's rights under the Fourth, Eighth, and Fourteenth
Amendment.

19.

The use of force by Defendants toward Plaintiff was objectively unreasonable, and /or
constitutes cruel and unusual punishment.

IV.

20.

AS AND FOR A SECOND CAUSE OF ACTION:

SUPERVISORY LIABILITY

Upon information and belief, Defendant OFlynn and/or Harling and/or Doe were
personally involved the above-described violations because one or all of them were:
informed of these violations but failed to remedy the wrong; and/or created a policy or
custom under which these unconstitutional practices occurred, or allowed the continuance

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of such a policy or custom; and/or was grossly negligent in supervising subordinates who
committed the wrongful acts; and/or exhibited deliberate indifference to Plaintiffs rights
by failing to act on information indicating that unconstitutional acts were occurring.

AS AND FOR A SECOND CAUSE OF ACTION:

MONELL CLAIM AGAINST SHERIFF OFLYNN

21.

Plaintiff repeats and re-alleges all allegations made above as if fully set forth herein.

22.

Defendant OFlynn, in his official capacity acts as a municipal policymaker as to the

operation of the Monroe County Jail. In that role, the Sheriff has de facto adopted a
practice of permitting the use of excessive force and/or sexually harassing and abusing
inmates, so consistent and widespread as to constitute a policy or custom of which the
Sheriff is or should have been aware. To wit, over the past 10-plus years there have been
numerous lawsuits filed in this Court against the Sheriff and/or his deputies alleging
excessive use of force and/or sexual harassment. Currently, there are numerous lawsuits
recently brought in this Court alleging sexual assault by former Monroe County Jail
deputy Robert Wilson.
Furthermore, Defendant OFlynn in said policymaking role, has failed to provide

23.

adequate training or supervision to subordinates, including the deputies named herein, to

such an extent that it amounts to deliberate indifference to the rights of those who come
into contact with said deputies.

IX.

DAMAGES

24.

Plaintiff repeats and re-alleges all allegations made above as if fully set forth herein.

25.

As a direct and proximate result of the above-described unconstitutional and illegal

acts of the Defendants, Plaintiff has suffered severe and lasting physical injury,
physical pain and suffering, emotional and psychological pain and suffering, shame
and humiliation, has incurred substantial medical and other expenses, and was
prevented from carrying on her normal occupation, activities, and interests, may in
the future continue to be so incapacitated.

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WHEREFORE, the Plaintiff, Jennifer Merrow, demands judgment against the Defendants:
A.

For compensatory damages in amounts to be determined;

B.

For punitive damages in amounts to be determined;

C.

Reasonable attorneys' fees;

D.

Costs and disbursements of this action;

E.

Such other and further relief as this Court may deem just and proper.

DATED: April 22, 2016

/s/ Anjan K. Ganguly

Anjan K. Ganguly, Esq.
Ganguly Brothers, PLLC.
Attorneys for Plaintiff
2024 W. Henrietta Rd., Ste. 3D
Rochester, New York 14623
(585) 232-7747
anjan@gangulylaw.com