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Retired NYPD Sergeant Sues ‘Opportunist’

FOR IMMEDIATE RELEASE

NEW YORK, March 19, 2014 – New York Civil Rights Attorney Eric Sanders, Esq., of The Sanders Firm, P.C., alleges Police Officer Ann Cardenas is no victim, she is an ‘opportunist’, a modern day ‘Poison Ivy,’ who preys on vulnerable male employees in the Department to receive favorable treatment.

According to the Notice of Claim, on January 1, 2014, claimant worked his last day as a sergeant with the Police Department City of New York. Claimant was scheduled to immediately begin “Terminal Leave” and continue in such status until his retirement date on March 15, 2014.

On February 26, 2014, while on “Terminal Leave” from the Department, claimant was visited by several members of the Internal Affairs Bureau. Claimant alleges he was placed on “Modified Assignment” and was ordered to surrender his firearms and pistol license. Claimant was not told anything else. Claimant alleges since he was already on “Terminal Leave,” previously passed the Department’s “Round Robin” pre-retirement background investigation in December 2013, prior to receiving a “Good Guy Letter,” and completing the 30 day time period for the Department to discipline him for any alleged misconduct, the Department through the Internal Affairs Bureau violated his civil service and civil rights by entering his home forcing him to surrender his firearms and pistol license, then ordering him to report to Viper No.: 8. On February 27, 2014, claimant reported to the Employee Management Division, he was told to report to Viper No.: 14. On February 28, 2014, claimant began working “Modified Assignment” in Viper 14, while working there, he was told by the PSA No.: 9 ICO Lieutenant Gilmartin to report to Viper No.:8. On March 3, 2014, claimant worked an entire day tour at Viper No.: 8.

On March 4, 2014, when he reported for duty the PSA No.: 9 ICO Lieutenant Gilmartin said “Somebody ‘fucked up:” Look, listen to me, do me a favor and call Labor Relations Lieutenant Whalling (Phonetic spelling) 646-610-5060. Gilmartin said, “Lieutenant Whalling and Lieutenant Janson from Employee Management Division had a discussion regarding your situation.” Gilmartin paused, said “You are not supposed to be working.” Claimant called Lieutenant Whalling, he said “Oh, you are the retired guy, lAB ‘fucked up.’ You need to get down here and get your retired id.” Claimant called Gilmartin, notified him of their conversation, then reported to the Employee Management Division to see Lieutenant Janson. Janson said, “I had a discussion with the Administrative’ people in Internal Affairs and we had an argument over the contract law but, the contract says ‘You cannot go back to work.’ Congratulations, go down to the 5th Floor ID Section, you are ‘retired.'” Claimant then spent the next several hours going through the administrative process before being released.

On March 16, 2014, claimant’s was ‘falsely accused’ in the New York Daily News by former female subordinate Police Officer Ann Cardenas of sexually harassing her. Claimant alleges because the Department automatically “assumed” he sexually harassed Police Officer Cardenas, they took the aforementioned actions against him. Meanwhile, if the Department would have simply performed an “objective investigation” they would have known he and Police Officer Cardenas had an on-going personal relationship since October 2011 when she first kissed claimant on his lips that ended upon his filing for retirement in December 2013.

Claimant alleges he first met Police Officer Cardenas in October 2011, while a probationary officer after she was allegedly transferred from the 30th Precinct to the 83rd Precinct because she was involved in a love triangle with a married male sergeant from the 19th Precinct and a probationary male police officer in the 30th Precinct that exploded into a controversy. Police Officer Cardenas was allegedly upset because the married sergeant would not make it an exclusive relationship. Police Officer Cardenas was allegedly placed on “Modified Assignment” before being transferred from the 30th Precinct, then to the Central Park Precinct and finally the 83rd Precinct.

Throughout his tenure, claimant supervised a team of problem officers particularly Police Officers Pete Szumilo, Albert Aronov and Martin Haber. Claimant’s subordinates made numerous false allegations of corruption against him prior to his filing for retirement. Police Officers Pete Szumilo and Albert Aronov were allegedly involved in questionable law enforcement activities in the community. These same officers allegedly established questionable relationships with civilians including some ‘connected’ in the Russian community. These same officers did not respect claimant’s authority. Police Officer Martin Haber was eventually transferred to a Staten Island precinct after he was allegedly caught stealing time and engaging in inappropriate offensive conduct. Police Officer Haber allegedly had a habit of showing nude pictures of himself on his smart phone to other employees and streaking nude in the 83rd Precinct on the second floor.

From the outset, from October 2011 through January 1, 2014, Police Officer Cardenas used her obvious attractiveness to manipulate claimant as her direct supervisor and other male employees into treating her more favorably. Claimant and Police Officer Cardenas voluntarily exchanged sexual talk, pictures, text messages and physical conduct. On more than one occasion, Police Officer Cardenas would hang out with claimant off-duty alone or with friends. On more than one occasion, Police Officer Cardenas and claimant exchanged gifts including her giving claimant a 55-inch television, he giving her a washer and dryer set. One more than one occasion, Police Officer Cardenas and claimant carried on that it was obvious to everyone they were involved in an intimate personal relationship. On more than one occasion, Police Officer Cardenas performed oral sex on claimant in the 83rd Precinct Lounge including her swallowing his semen. On more than one occasion, Police Officer Cardenas showed claimant and other male officers pictures of her boyfriend’s alleged penis asking, “Is yours as big as his?” On more than one occasion, Police Officer Cardenas sent him sexually suggestive pictures in bikinis and the like. On more than one occasion, Police Officer Cardenas shared nude pictures of herself with claimant showing her ‘pierced nipples’ and her ‘vagina.’ On at least one occasion, Police Officer Cardenas shared a video of herself dancing nude in her living room holding onto a chair making her ‘ass clap.’ While viewing the video she told claimant, “You have to keep it spicy in the bedroom.” When Police Officer Cardenas found out in Late October 2013, claimant was retiring, she begged him to stay and help her to transfer into the Brooklyn North Task Force.

Unbeknownst to claimant, Police Officer Cardenas filed false allegations of sexual harassment against while still involved in an intimate relationship with him. Claimant has some physical evidence to support his claims against Police Officer Cardenas.

“Hopefully, Police Commissioner William J. Bratton will order the Internal Affairs Bureau to investigate Police Officer Ann Cardenas’s pre-employment background along with her electronic mobile devices, computers, etc. We are quite confident they will find a treasure trove of electronic information supporting she is an ‘opportunist’ of questionable character that never should have been appointed to the Department. It is important to remember that male employees have an equal right to be protected in the workplace from false allegations of sexual harassment and related offensive conduct.” Eric Sanders says.

Retired Sergeant David M. John filed his Notice of Claim with the City of New York Office of the Comptroller, Claim No.: 2014PI007900 filed on March 18, 2014.

About The Sanders Firm, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

Contact

Eric Sanders, Esq.
The Sanders Firm, P.C.
Business Phone: 800-371-4835

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