Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

manner described above and in willful and total disregard of the well-known and established Unsafe Buildings Procedures constitute an unlawful seizure in violation of the Fourth Amendment to the United States Constitution, and thus violate 42 U.S.C. Section 1983.

141. The deprivation described above was carried out by each Defendant individually, and by all Defendants collectively as co-conspirators, under the color of New York State Law, including such law as has been delegated to the municipality, the City, and thus under the color of New York State law.

142. The deprivation described above was carried out by each Defendant individually, and by all Defendants collectively as co-conspirators, willfully, maliciously, intentionally, wantonly, and with full knowledge that DePietro's said constitutional rights to due process were being egregiously violated as described above. To the extent that, hypothetically, any Defendant may allege and be able to prove lack of actual intent to harm DePietro, such Defendant would have then committed such acts with such depraved indifference to DePietro's constitutional rights under the Fourth, Fifth and Fourteenth Amendment and the Unsafe Buildings Procedures as to be deemed to have committed such acts with the full equivalent under the law.

143. Therefore, by reason of the exceptionally well-known nature of the Unsafe Buildings Procedures, particularly among these Defendants, who purportedly deal with such situations on a daily basis, Defendants have acted as described above with intent and malice and/or reckless and callous indifference to the constitutional rights of DePietro, so as to warrant the imposition of punitive and exemplary damages against all the Defendants that are iiatural persons or corporations (i.e., with the exception of the City).

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NYC-WTC 000159388