Utica/Labella to court with Longo $100M

Utica/Labella to court with Longo $100M

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Auction

United States

#1 Sep 20, 2013
So much for the great "camp"! I wonder how they are going to put a gag order on the cost of this to the taxpayers for Labella, Williams' and Roefaro's Nonsense?

WKTV- Civil case filed by Palumbo-Longo family moves forward

(WKTV)- A federal judge has denied a motion by the city of Utica to dismiss a civil case regarding Utica Police Officer Joseph Longo, who in 2009 stabbed his estranged wife, Kristen Palumbo-Longo, and then himself, to death.

Attorneys arguing for and against the dismissal on Aug. 27 condensed 1,000 pages of testimony and background into a roughly 30-minute oral argument. U.S. District Court Judge David Hurd today released his decision.

"There is sufficient evidence in the record to establish issues of material fact for a jury regarding whether the defendants' response to Longo's escalating behavior increased the danger to Kristin and whether a municipal policy, custom and/or failure to train caused her death," said Judge Hurd in his decision.

The trial against the city and former Police Chief Daniel LaBella is set to begin Jan. 13.

Kristin Palumbo-Longo's family is seeking $100 million in damages.
Auction

United States

#2 Sep 20, 2013
Even better Hurd wasn't playing!

UTICA —

It will now be up to a jury to decide whether the Utica Police Department and former police Chief Daniel LaBella share some blame for Investigator Joseph Longo Jr.’s killing of his wife.

Denying the city’s request to dismiss the wrongful death lawsuit for insufficient evidence, U.S. District Court Judge David N. Hurd ruled on Friday that a jury should be allowed to hear all the facts.

A civil trial has been scheduled to begin Monday, Jan. 13, unless the case is first resolved through a settlement.

Since the lawsuit was filed in 2010, the city’s attorneys have argued that the Utica Police Department did everything it could to address Longo’s increasingly troubling behavior in the weeks before he fatally stabbed his wife, Kristin Palumbo-Longo, on Sept. 28, 2009, inside their Deerfield home. Longo then killed himself.

But in Hurd’s 27-page decision, the judge points out several issues that could lead a jury to believe that the department’s failure to act contributed to Palumbo-Longo’s death:

An internal investigation was never initiated after Palumbo-Longo reported her husband’s actions, despite a Utica police policy mandating such an investigation for officers involved in “domestic incidents.”
No meaningful attempt to evaluate Longo’s mental stability were made, or even demanded.
In 2009, Utica police policies did not require “fitness for duty” evaluations of its officers, did not outline adequate preventative measures for troubled employees and did not specifically describe when an officer should be involuntarily committed for mental evaluation under state law.
After Longo boasted that “Danny” LaBella allegedly assured him that an investigation into his improper actions with a duty firearm at Proctor High School would be “taken care of” in August 2009, that could have encouraged Longo to continue his threatening behavior.


“Viewing the evidence in the light most favorable to (Palumbo-Longo’s family), a reasonable jury could conclude that (Utica police officials) were deliberately indifferent to the escalating situation,” Hurd wrote,“and that their lack of an adequate response to Longo’s threatening behavior emboldened him and implicitly encouraged his actions, thereby affirmatively increasing the danger Kristin faced.”

John Dillon, the attorney for Palumbo-Longo’s family, and Utica’s corporation counsel could not immediately be reached for comment Friday.

Hurd also stated there’s enough evidence to suggest that LaBella’s conduct violated Palumbo-Longo’s constitutional rights.

LaBella was aware of Longo’s troubling behavior, but did not direct an internal investigation as required by policy or order a mental health evaluation, Hurd states. Instead, LaBella talked to Longo only once and took him at his word when he denied being suicidal or a danger to his family, despite Longo’s reputation as a liar.

The fact that Palumbo-Longo lived outside Utica’s jurisdiction also doesn’t matter, Hurd states. When Palumbo-Longo reported her husband’s actions on several occasions, Hurd wrote, any reasonable juror could conclude she was right to rely on the department’s promises to address the matter with Longo, their subordinate.

Read more: http://www.uticaod.com/features/x914326409/De...
Jack Apples

Brooklyn, NY

#3 Sep 20, 2013
Ca Ching

That's the end of Utica. LaBella, Roefaro and all the other clowns who played dumb will cost the city s fortune.
I dont think

United States

#4 Sep 20, 2013
Jack Apples wrote:
Ca Ching
That's the end of Utica. LaBella, Roefaro and all the other clowns who played dumb will cost the city s fortune.
Oh don't think they were "playing" dumb!!!!
The way it will be

Herkimer, NY

#5 Sep 20, 2013
A jury will find everyone involved innocent of any wrongdoing. Mark my words on this day, September 20th, 2013.
I been told by therapist

North Creek, NY

#6 Sep 21, 2013
No one can be held for someone else actions. I believe Utica Police can't baby sit Mrs. Longo 24/7. Mrs. Longo probably didn't quite her bitching. You can't blame Utica Police for her bitching at her husband. Everyone knows what female bitching leads to. Yes it was a terrible thing that happen. But don't go blaming other for YOUR mistakes.
Halloween

Worcester, MA

#7 Sep 21, 2013
It was a tragedy but I don't feel the taxpayers of Utica should have to pay for it either. The kids are getting Social Security what more does the family want.
Cretin chews azzzz

Gouverneur, NY

#9 Sep 21, 2013
Duh wrote:
<quoted text>
You must be retarded. Like Social Security is a real compensation? Do you actually get on line all by yourself or does a 5th grader help you?
It's Cretin above. He chews hairy azzz sh!t balls like gum. Lol
Cretins digs azzzz

Carrollton, TX

#10 Sep 21, 2013
I been told by therapist wrote:
No one can be held for someone else actions. I believe Utica Police can't baby sit Mrs. Longo 24/7. Mrs. Longo probably didn't quite her bitching. You can't blame Utica Police for her bitching at her husband. Everyone knows what female bitching leads to. Yes it was a terrible thing that happen. But don't go blaming other for YOUR mistakes.
You're kind of bigoted and stupid. They have these things called "negligence lawsuits" that pay for negligence and the repercussions of others' actions every day. Moron. It's pretty cut and dry all the wanabe cops in the UPD were talking about it, Labella the whale told Longo he'd "protect him" so where do you idiots think you are going with this? The blame will be found to lay at Labella and UPD's fault where it belongs and unfortunately for them they won't be able to sweep this lawsuit payout under the rug as they and Palmieri have for the LAST 5 lawsuits nobody ever heard about because the OD and WKTV only print the UPD news clips that make them seem as if they have it going on. "Look at our stupid toys" etc.
So tell Labella and his cohorts and the UPD to pick up a 55gal jug of KY AnalLube they're about to need it and they have nobody but themselves to blame. People know how they protect the Friends & Family you were warned now STFU and pay whiners.
BobSU

Ithaca, NY

#11 Sep 21, 2013
Blah blah. The city will now work hard to try settling this before the end of the year. That way the taxpayers will pay for it and no punitive damages to LaBelly. They know it won't be easy once Zecca gets in office in January. But hopefully the Palimbos don't settle for some garbage 200-300k. This case is HUGE. Unfortunately it will bankrupt the city and be hung around the throats of LaBelly, Roefaro and anyone else involved, forever. No political comebacks for them.
Cretin chews azzzz

Gouverneur, NY

#12 Sep 21, 2013
Cretins digs azzzz wrote:
<quoted text>You're kind of bigoted and stupid. They have these things called "negligence lawsuits" that pay for negligence and the repercussions of others' actions every day. Moron. It's pretty cut and dry all the wanabe cops in the UPD were talking about it, Labella the whale told Longo he'd "protect him" so where do you idiots think you are going with this? The blame will be found to lay at Labella and UPD's fault where it belongs and unfortunately for them they won't be able to sweep this lawsuit payout under the rug as they and Palmieri have for the LAST 5 lawsuits nobody ever heard about because the OD and WKTV only print the UPD news clips that make them seem as if they have it going on. "Look at our stupid toys" etc.
So tell Labella and his cohorts and the UPD to pick up a 55gal jug of KY AnalLube they're about to need it and they have nobody but themselves to blame. People know how they protect the Friends & Family you were warned now STFU and pay whiners.
It's Cretin above. He chews hairy azzz sh!t balls like gum. Lol
50 Shades of Green

United States

#13 Sep 21, 2013
BobSU wrote:
Blah blah. The city will now work hard to try settling this before the end of the year. That way the taxpayers will pay for it and no punitive damages to LaBelly. They know it won't be easy once Zecca gets in office in January. But hopefully the Palimbos don't settle for some garbage 200-300k. This case is HUGE. Unfortunately it will bankrupt the city and be hung around the throats of LaBelly, Roefaro and anyone else involved, forever. No political comebacks for them.
No reason for a political comeback. It's called an exit strategy and a final F U after enjoying all the perks of the friends and family plan for years. Yours truly Mikey took care of his friends. They all knew how to exploit the system. Meanwhile the city will go bankrupt and you can all wait for your nano nano while the friends and family bilk that one too. Such a bright future I need some shades.
I been told by therapist

Lake Pleasant, NY

#14 Sep 21, 2013
If this case goes to court, I hope I'm on the jury. because I say City of Utica is not guilty in this case.
50 Shades of Green

United States

#15 Sep 21, 2013
I been told by therapist wrote:
If this case goes to court, I hope I'm on the jury. because I say City of Utica is not guilty in this case.
If I get called to jury I will make sure the city goes belly up even though I disagree with the whole basis of allowing it to proceed. That will be my final F U to all those with pensions, health care, etc.
wow

Utica, NY

#16 Sep 21, 2013
This will be tough case because all the evidence will be hear say, which is never admissible in a court of law.
Dark Future

Carrollton, TX

#17 Sep 21, 2013
Utica is a wasteland and got what it deserved. There is no way they won't pay through the ass for this.
we r family

United States

#18 Sep 21, 2013
Dark Future wrote:
Utica is a wasteland and got what it deserved. There is no way they won't pay through the ass for this.
Once again the taxpayers become the victims of friends and family plan members. Keep putting goombahs at the helm lol
Its SREGGINS Fault

United States

#19 Nov 30, 2013
THIS IS THE SREGGIN fault! The upd would be GODLIKE if we could just start a race war online to rid us of the BLACKS so the utica police can RULE!! WE OWN YOU BOW TO US!!
This is why you need to support us in the utica ny police department as we start a race war so we can cleanse all of utica of BLAAAAAAACKS!!!
You know it is their fault they are BLAAAAACK!
We will HANG all of them long live the utica ny police racist department! 10000 posts on topix prove we are strong!!
Cretin Hob Alert

Gouverneur, NY

#20 Nov 30, 2013
Its SREGGINS Fault wrote:
THIS IS THE SREGGIN fault! The upd would be GODLIKE if we could just start a race war online to rid us of the BLACKS so the utica police can RULE!! WE OWN YOU BOW TO US!!
This is why you need to support us in the utica ny police department as we start a race war so we can cleanse all of utica of BLAAAAAAACKS!!!
You know it is their fault they are BLAAAAACK!
We will HANG all of them long live the utica ny police racist department! 10000 posts on topix prove we are strong!!
It's the cop hating kid hating racist Cretin Hob above. He is way gone.
LaBankruptcy

United States

#21 Nov 30, 2013
LOL! The cretin local policewomen are crying because people finally realized how pathetic and unprofessional the phony upstate cops really are!

Waaaah! Waaaah! CAUGHT being racists! CAUGHT attacking kids on their faggotcoach posts!

CAUGHT!!

Coming to an obese upstate family near YOU!! BANKRUPTCY!!!

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