~UPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SARATOGA
-------------------------------------------X Index No.: 20143461
ESTATE OF DARRYL J. MOUNT,
Plaintiff,
AMENDED
SUMMONS
-againstCITY OF SARATOGA SPRINGDS,
Defendant,

-------------------------------------------x
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint in this
action and to serve a copy of your Answer, or if the Complaint
is not served with this Summons to serve a Notice of Appearance,
on the plaintiffs' attorney within twenty days after service of
this Summons, exclusive of the day of service, or within thirty
days after service is complete if this Summons is not personally
delivered to you within the State of New York. Upon your failure
to answer, a Judgment will be entered against you by default for
the relief demanded in the Complaint.
Trial is desired in the above-captioned County.
The basis of venue is the defendant's place of business and
the incident location in Saratoga L2oun
. .
Dated: November 21, 2014

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~z.

ROBERT L. KATZMA , ESQ.

125 High Rock Avenue
Saratoga Springs, NY 12866
(518) 587-5500

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SARATOGA
-------------------------------------------X
PATTY JACKSON, AS ADMINISTRATOR OF THE
ESTATE OF DARRYL J. MOUNT,
Plaintiff,

Index No. :20143461

AMENDED
COMPLAINT

-againstCITY OF SARATOGA SPRINGS,

Defendant,

-------------------------------------------x
Plaintiff, Patty Jackson, as Administrator of the Estate of Darryl J. Mount, by her
attorney, Robert L. Katzman, Esq., complaining of the defendant herein respectfully alleges as
follows:
1. Patty Jackson was appointed as Administrator of the Estate of Darryl J. Mount, by a
Decree of the Surrogate's Court of Saratoga County, New York, on November 18, 2014.
2. Upon information and belief defendant, City of Saratoga Springs, is a municipality
chartered pursuant to the law of the State of New York.
3. At least thirty days have elapsed since the service of the Notice of Claim was served
on the City of Saratoga Springs and the claim of the plaintiff has been refused.
4. Upon information and belief the defendant is responsible for the actions of police
officers employed by it in its Department of Public Safety.
5. Upon information and belief the Department of Public Safety had police officers
assigned to patrol the City Streets on August 31, 2013.
6. On information and beliefthere were a number of police officers on or near Caroline
Street in the City of Saratoga Springs sometime after midnight on August 31, 2014.

7. On information and belief the decedent was walking on Caroline Street in the City of
Saratoga Springs with his girlfriend when the police officers in the location commenced a pursuit
of the decedent without just cause. The officers chased the decedent to a location on Putnam
Street in the City of Saratoga Springs.
8. On information and belief the decedent's ethnicity may have contributed to the actions
of the police officers.
9. As a result of the actions of the police officers the decedent suffered blunt force trauma
to his head that resulted in severe facial injuries, fractures and brain damage and was in a coma
until the date of his death on May 13, 2014.
10. On information and belief the injuries sustained by the decedent were the direct result
of excessive force by the police officers who were acting as employees of the defendant and
within the course of their employment.

AS AND FOR A FIRST CAUSE OF ACTION

10. The plaintiff, Patty Jackson, repeats and realleges, and incorporates herein as part of
this Cause of Action paragraphs 1-9 of this complaint, and further alleges:
11. The actions of the police officers were reckless, abusive and constituted an excessive
use of force and were an assault on the person of the decedent.
12. As a direct and proximate result of the defendant's acts and omissions, the decedent,
Darryl J. Mount, suffered injuries of a personal nature, including, but not limited to, medical
expenses, pain and suffering, and physical and emotional traumas resulting, ultimately, in the
death of the decedent. The damages suffered by the decedent exceed the jurisdictional limits of
all lower courts which would have had jurisdiction over this action.

STATE OF NEW YORK, COUNTY OF SARATOGA, ss.:

I am the Administrator for the Estate of Darryl J. Mount, Plaintiff in the within action. I
have read the foregoing Complaint and know the contents thereof. The contents of the Complaint
are true to my knowledge, except as to those matters therein stated to be alleged upon
information and belief, and as to those matters I b ve them to be t