A Southold man arrested by town police on a DWI charge in September 2014 has filed a lawsuit against the town, the police department and two police officers for alleged violation of his Constitutional rights.
George Clancy was arrested by Southold Police on Sept. 28, 2014. Police said in a press release at the time that Clancy was observed driving his motor home west on Route 25 in Cutchogue, leaving his lane of travel and making an insufficient turn signal. After the officer pulled him over, he detected the smell of alcohol on his breath and placed him under arrest on a charge of driving while intoxicated, according to the press release.
In the complaint filed in Federal District Court for the Eastern District of New York on Dec. 23, Clancy says after he was pulled over and ordered out of his vehicle and refused to take a Breathalyzer test, Police Officer Rory Flatley handcuffed him — tightening the cuffs so much “they caused severe bruising on [his] wrists and cut off the circulation to [his] hands.” He claims the officer “without any justification” grabbed him by the arm, spun him around so that he was facing the police car, struck him in the back of the neck and slammed his head into the hood of the police car, “causing an open wound above plaintiff’s eye and a bruise to plaintiff’s neck.” The wound bled down his face, according to the complaint.
The complaint says the police refused his repeated requests for medical attention and to speak to his attorney.
Clancy accuses the Flatley and Officer Peter Onofrak of swearing at him, threatening and harassing him as he was left handcuffed to a desk at police headquarters “for hours” and then “thrown into a jail cell” after having his socks and shoes removed.
Police eventually brought Clancy to the hospital, where the wound was glued shut and his bruises were treated by medical staff, according to the complaint.
“The video recorded on defendant Flatley’s dashboard camera demonstrates that plaintiff never violated any traffic laws, that he complied with defendant Flatley’s requests every step of the way, and that defendant Flatley physically and verbally assaulted plaintiff while making the arrest,” the complaint states.
The complaint alleges the police unlawfully arrested and imprisoned Clancy, denied him his right to counsel, deprived him of his liberty interest by detaining him without probably cause, assaulted him, denied him medical attention, threatened him with bodily harm and confined him to a jail cell without shoes, sock, toilet paper or facilities, and used excessive force, all in violation of his rights under the U.S. Constitution.
The complaint also accuses the Town of Southold with failing to train, supervise and establish proper procedures for the officers — in addition to the town being responsible for the officers’ actions as alleged in the pleadings.
The suit, filed by Islandia attorney Scott Michael Miskin seeks unspecified money damages under federal and state laws in addition to attorneys fees and costs.
Southold Supervisor Scott Russell declined comment because it involves pending litigation. The outcome of the September 2014 criminal charge could not immediately be ascertained.
