New York Lawsuit

On November 20, 2009, William M. Windsor filed a lawsuit in Albany, New York against the State of New York, the Governor of New York, the Attorney General of New York, the New York State Office of the State Comptroller, the  New York State Office of Parks, Recreation and Historic Preservation, Edward J. Rutkowski, Maid of the Mist Corporation, James V. Glynn, and Christopher Glynn.  The lawsuit seeks to void the agreement between the State of New York and Maid of the Mist Corporation.  The lawsuit also seeks $58 million in damages.

STATEMENT OF CLAIMS – VERIFIED COMPLAINT

TWELFTH CAUSE OF ACTION

Violation of Due Process and Deprivation of Rights – 42 U.S.C. § 1983 

486.   Petitioner repeats and realleges each and every allegation in the proceeding paragraphs as if set forth herein in full.

487.   Windsor informed the 2009 Government Respondents of violations of New York law.  He followed the published protest and appeal policies of the NYSOSC.  He issued demand letters to the 2009 Government Respondents as per New York law.

488.   Windsor has a right to due process.  The 2009 Government Respondents failed to follow proper procedures, failed to provide requested information, and the NYSOSC made legal claims to Windsor that it knew were false based upon published NYSOSC legal opinions.  OPRHP made false legal claims to Windsor that it knew were false based upon the terms of the 2002 NY License and Title B, Article 3, Section 3.09, Subdivisions 2-a and 2-d of PRHPL.

489.   The 2009 Government Respondents violated the rights of the Petitioner protected by the Constitution and created by statute.

490.   The 2009 Government Respondents proximately caused a deprivation of protected rights.

491.   The 2009 Government Respondents committed the conduct.

492.   The 2009 Government Respondents acted under "color of state law." The 2009 Government Respondents exercised power possessed by virtue of state law and made possible only because they were clothed with the authority of state law.

493.   The 2009 Government Respondents acted improperly by ignoring the laws of the State of New York to deprive the Petitioner of federally protected rights.

494.   The deprivation represents an abuse of of the 2009 Government Respondents because they were acting within the scope of their employment under the color of state law.

495.   The 2009 Government Respondents violated NYSFL and PRHPL and violated the Constitutional rights of the Petitioner.

496.   The 2009 Government Respondents committed affirmative acts and failed to perform acts that they were legally required to do that caused the deprivation of the Petitioner’s Constitutional rights.

497.   The 2009 Government Respondents violated clearly established statutory or Constitutional rights of which a reasonable person would have known.

498.   The 2009 Government Respondents acted in clear absence of all jurisdiction in violating PRHPL and NYSFL.

499.   The 2009 Government Respondents violated the Fourteenth Amendment rights of the Petitioner enforceable, namely substantive and procedural due process, the equal protection of the laws.

500.   The 2009 Government Respondents deprived the Petitioner of those rights in the Bill of Rights made applicable to the states through incorporation; claims under the substantive component of the Due Process Clause that bars certain arbitrary, wrongful government actions, regardless of the fairness of the procedures used to implement them; and claims under the procedural component of the Due Process Clause that prohibits the deprivation of life, liberty, or property without fair procedure.

501.   The Petitioner respectfully contends that the conduct of the 2009 Government Respondents denied the rights to property without due process of law and therefore is in violation of 42 U.S.C. § 1983.

502.   The willfulness of the 2009 Government Respondents, characterized by “open defiance or reckless disregard of a Constitutional requirement” of record establishes a violation of rights under color of law.

503.   Failure to follow proper procedure has resulted in a violation of the Petitioner’s civil rights, where the 2009 Government Respondents have been acting in the absence of all jurisdiction. 

504.   The 2009 Government Respondents have violated 42 U.S.C. § 1983.

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