After the jump you can read the text of the notice of complaint Syaed Ali‘s lawyers filed on December 10.

But before you do: I like to give credit to the Buffalo News when a story therein inspires me to write something, so let me give a nod to Brian Meyer’s piece in today’s local section on the Syaed Ali case: His piece inspired me to be aggravated again that News reporters never credit other news outlets (or at least not AV) when they use our reporting. We published this story online a week ago and in print yesterday.

It’s utterly graceless and petty, whether it comes from the reporters or the editors.

STATE OF NEW YORK
SUPREME COURT  :  COUNTY OF ERIE
____________________________________________

In the Matter of the Claim of
SYAED ALI

-against-                            NOTICE OF CLAIM

CITY OF BUFFALO
____________________________________________

PLEASE TAKE NOTICE, that the undersigned claimant residing at 578 Breckenridge Street, Buffalo, New York  14222, whose attorneys are Magavern Magavern Grimm LLP, 1100 Rand Building, 14 Lafayette Square, Buffalo, New York  14203 makes the following claims:

1.    The nature of the claims are the intentional and/or negligent acts and omissions of the Buffalo Police Department, its agents, servants and/or employees, in the false arrest, restraint, imprisonment and custodial interrogation of claimant without a warrant of arrest and without reasonable cause to believe that he had committed an offense, the malicious prosecution of claimant, abuse of process, trespass, conversion and withholding of claimant’s personal property, defamation of claimant’s character and the deprivation, abridgement and violation of claimant’s rights to be free from unreasonable searches and seizures of his person and property as guaranteed by the Constitution of the United States and the Constitution of the State of New York.
2.    The claims arose on November 7, 2008 at approximately 7:00 A.M. at 578 Breckenridge Street, Buffalo, New York.  At that time claimant’s residence was searched and his person and property were seized by the Buffalo Police Department, its agents, servants and/or employees during the execution of a search warrant which was issued by Buffalo City Court Judge Craig D. Hannah on October 31, 2008.  Said warrant allowed the search of claimant’s residence and the seizure of computer hardware, software and documentation evidencing the crime of “Aggravated Harassment, in violation of Penal Law Section 240.31 1″, although said Penal Law section pertains to the damage of a premises used for religious purposes.  Said seizures of person and property thereafter continued until approximately 2:30 P.M. at the Office of the Attorney General of the State of New York, Main Place Tower, 350 Main Street, Suite 300A, Buffalo, New York  14202 and at the Office of the Federal Bureau of Investigation, One FBI Plaza, Buffalo, New York  14202 and in transit from and to said places.  Said seizure of claimant’s property continues to this day.
3.    The first claim is for the seizure of claimant’s person whereby he was injured and damaged and sustained great mental pain, suffering, distress, and anguish, his liberty and freedom of movement were restricted, he was interrogated, he was defamed, and his constitutional rights to be free of unreasonable searches and seizure of his person were violated.

4.    Claimant’s second claim is for the conversion and wrongful withholding of claimant’s personal property, including that which is itemized on attached Schedule A.  The damage and injury claimed is that the claimant has been denied the possession, use and enjoyment of said personal property, including business opportunity and profits, and his constitutional rights to be free from unreasonable searches and seizures of his property has been violated.
The undersigned claimant presents this claim for adjustment and payment and the immediate return of his personal property.  You are notified that unless it is adjusted and paid within the time provided for by law from the date of presentation to you, the claimant intends to commence an action on this claim.
Dated:        Buffalo, New York
December 11, 2008

Syaed Ali
Claimant

MAGAVERN MAGAVERN GRIMM LLP

By _____________________________________
Richard A. Grimm, III, Esq.
Attorneys for Claimant
1100 Rand Building
14 Lafayette Square
Buffalo, NY  14203
(716) 856-3500

\15000.0001\171844.doc

VERIFICATION

STATE OF NEW YORK    )
)  ss.:
COUNTY OF ERIE    )

Syaed Ali, being duly sworn, deposes and says that he is the Claimant; that he has read the foregoing Notice of Claim and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true.

Syaed Ali

Sworn to before me this
____ day of December, 2008.

Notary Public