Couple files claim against UPD; claims officers did nothing during fight

By By JOLEEN FERRIS

Story Created: May 20, 2009 at 12:53 PM EDT

Story Updated: May 20, 2009 at 5:10 PM EDT

(WKTV) - Is a police officer ever really not on duty? What about when he or she is in a bar, on their free time, enjoying a few cocktails? This seems to be the question at the heart of a notice of claim a Utica couple has filed against the city of Utica, its police department and several Utica Police officers.

Cynthia and Carmine Amarosa filed a claim against the city stemming from a bar fight at which they claim several Utica Police officers were present....and did nothing when an officer's wife assaulted Amarosa. The alleged incident took place at Shorty's Sports Bar & Grill in south Utica at 1:45 am September 6th. Currently, the city is investigating the claim and taking sworn depositions from the Amarosas.

The eight-page notice of claim accuses Utica Police officers of failing to act, although they had knowledge of what was taking place; failing to act even though they observed a violation of law being committed.

The city's corporation counsel office declined comment. Utica law firm Brindisi, Murad, Brindisi-Pearlman, Julian & Pertz is handling the claim on behalf of the Amarosas. Utica interim police chief and Public Safety Commissioner Daniel LaBella has not returned our calls.
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