Israel v. City of Syracuse et al
| Bishop Abraham S. Israel and Jesus Christ Ministries |
| City of Syracuse, Sgt. Carleo, Sisley, Wolfe, Kimpel, Marcus DeBottis, Jr., Lago and Ranette Releford |
| 5:2021cv00915 |
| August 13, 2021 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1961 Racketeering (RICO) Act |
| Plaintiff |
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Filing 4
ORDER and REPORT-RECOMMENDATION re #2 MOTION for Leave to Proceed in forma pauperis filed by Bishop Abraham S. Israel filed by Abraham S. Israel, #1 Complaint filed by Abraham S. Israel. ORDERED that Plaintiffs application to proceed in forma pauperis (Dkt. No. 2) is GRANTED; and it is further respectfully RECOMMENDED that Plaintiffs Complaint (Dkt. No. 1) be ACCEPTED FOR FILING with respect to Plaintiffs claims of (1) That his right to free speech/religion was violated pursuant to the FirstAmendment and 42 U.S.C. 1983, against Defendants Sisley and Wolferegarding the incident at Destiny USA on July 17, 2020; (2) False arrest pursuant to the Fourth Amendment and 42 U.S.C. 1983, against Defendants Sisley and Wolfe regarding the incident at Destiny USA on July 17, 2020; (3) Unreasonable search and seizure pursuant to the Fourth Amendment and 42 U.S.C. 1983, against Defendants Sisley and Wolfe regarding the incident at Destiny USA on July 17, 2020; (4) Unreasonable search and seizure pursuant to the Fourth Amendment and 42 U.S.C. 1983, against Defendant Kimpel regarding the incident on December 13, 2020; (5) False arrest pursuant to the Fourth Amendment and 42 U.S.C. 1983, against Defendant DeBottis regarding the incident on April 23, 2021; (6) Unreasonable search and seizure pursuant to the Fourth Amendment and 42 U.S.C. 1983, against Defendant DeBottis regarding the incident on April 23, 2021; and (7) Negligence pursuant to New York common law against Defendants Carleoand Releford;and it is further respectfully RECOMMENDED that Plaintiffs Complaint (Dkt. No. 1) be DISMISSED WITH LEAVE TO REPLEAD with respect to Plaintiffs claims (1) Pursuant to RICO, against Defendants; (2) That his right to equal protection was violated pursuant to the Fourteenth Amendment and 42 U.S.C. 1983, against Defendants; (3) That his right to free of speech/religion was violated by Defendant Carleo, pursuant to the First Amendment and 42 U.S.C. 1983, at Destiny USA on July 17, 2020; (4) Of false arrest pursuant to the Fourth Amendment and 42 U.S.C. 1983, against Defendant Carleo regarding the incident at Destiny USA on July 17, 2020; (5) Of unreasonable search and seizure pursuant to the Fourth Amendment and 42 U.S.C. 1983, against Defendant Carleo regarding the incident at Destiny USA on July 17, 2020; and (6) Of failure to protect against Defendant Kimpel; and it is further respectfully RECOMMENDED that Plaintiffs Complaint (Dkt. No. 1) be DISMISSED WITHOUT LEAVE TO REPLEAD with respect to Plaintiffs claims of (1) Dereliction of duty pursuant to 10 U.S.C. 892, against Defendants; (2) Law enforcement misconduct pursuant to 42 U.S.C. 14141(a) or 34 U.S.C. 12601, against Defendant City of Syracuse; (3) Harassment in the second degree pursuant to N.Y. Penal Law 240.26(3), against Defendants; (4) Unlawful imprisonment pursuant to N.Y. Penal Law 135.05, against Defendants; (5) Menacing in the second degree pursuant to N.Y. Penal Law 120.14(1), against Defendants; (6) Robbery in the second degree pursuant to N.Y. Penal Law 160.10(1), against Defendants; (7) Criminal tampering in the third degree pursuant to N.Y. Penal Law 145.14, against Defendants; (8) Kidnapping in the first degree pursuant to N.Y. Penal Law 135.25(1), against Defendants; and (9) Disruption or disturbance of religious service, burial, or memorial service pursuant to N.Y. Penal Law 240.21, against Defendants Objections to R&R due by 9/30/2021 Case Review Deadline 10/4/2021. Signed by Magistrate Judge Miroslav Lovric on 9/16/2021. (Attachments: #1 Attachment - Unreported Case Law)(Copy served via regular mail)(khr, )
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Filing 3
PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed on 8/13/2021. (khr)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Bishop Abraham S. Israel (Attachments: #1 Proposed Summons as to City of Syracuse, #2 Proposed Summons as to City of Syracuse) Motions referred to Miroslav Lovric. (khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against Sgt. Carleo, City of Syracuse, Marcus DeBottis, Jr., Kimpel, Lago, Ranette Releford, Sisley, Wolfe filed by Bishop Abraham S. Israel and Jesus Christ Ministries. (Attachments: #1 Civil Cover Sheet)(khr)
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