And The TU has a story about the lawsuit HERE
I will also be writing my thoughts on the Times Union multi-part expose on NXIVM Tonight
Ed Spychalski sued his former boss the Watervliet Housing Authority its Executive Director Charles V. Patricelli,along with the City of Watervliet for over three million dollars claiming his Civil Rights were violated when his employment was terminated court record show.
Spychalski filed his suit in Federal Court Northern District on 02/17/1998. The suit claims that the Watervliet Housing Authority along with its Executive Director Charles V. Patricelli violated the Civil Rights Act 42:1983. Claiming deprivation of rights when his employment was terminated with the Watervliet Housing Authority
Spychalski had a troubled work history at the Watervliet Housing Authority and he left under a cloud of suspicion.
He filed his suit after he was hired by the Saratoga Housing Authority in 1997.
The case was eventually settled out of court on 01/07/2000.The details of that settlement are unavailable.
The case filing number is 1:98-cv-00284-LEK-RWS Spychalski v. Patricelli, et al.
Spychalski was represented by Sue H.R. Adler phone (518) 438-9907.
Details of the case are below
/1998 1 COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 35339 ; Service deadline 4/18/98 for William J. Fitzpatrick, for Rita Barbera, for Roberta Gilson, for Sandra J. Beston, for Charles A. Jeseo, for Frank M. Kelly, for Harry J. Cushing, for Leo J. O'Brien, for Robert Carlson, for City of Watervliet, for Watervliet Housing A, for Charles V. Patricelli (wjg) (Entered: 02/17/1998)
02/17/1998 SUMMONS(ES) issued for Charles V. Patricelli, Watervliet Housing A, City of Watervliet, Robert Carlson, Leo J. O'Brien, Harry J. Cushing, Frank M. Kelly, Charles A. Jeseo, Sandra J. Beston, Roberta Gilson, Rita Barbera, William J. Fitzpatrick (wjg) (Entered: 02/17/1998)
02/17/1998 Filing Order Issued; Conference set before Magistrate Judge Ralph W. Smith in Albany, NY, Status Conference at 11:30 6/3/98 , Deadline for filing Case Management Plan, 5/21/98 (wjg) (Entered: 02/17/1998)
03/16/1998 2 ACKNOWLEDGEMENT OF SERVICE as to Charles V. Patricelli, Watervliet Housing A, Robert Carlson, Frank M. Kelly, Charles A. Jeseo, Rita Barbera, William J. Fitzpatrick on 2/23/98 : Answer due on 3/15/98 for William J. Fitzpatrick, for Rita Barbera, for Roberta Gilson, for Charles A. Jeseo, for Frank M. Kelly, for Watervliet Housing A, for Charles V. Patricelli (fce) (Entered: 03/17/1998)
03/16/1998 3 ACKNOWLEDGEMENT OF SERVICE as to City of Watervliet, Robert Carlson, Leo J. O'Brien, Sandra J. Beston on 2/26/98 : Answer due on 3/18/98 for Sandra J. Beston, for Leo J. O'Brien, for Robert Carlson, for City of Watervliet (fce) (Entered: 03/17/1998)
03/17/1998 4 Stipulation to Extend Time to Appear and ORDER, to Extend Time for the defendants to appear or otherwise answer the summons and complainti until 4/15/98 agreed by all parties. ( signed by Magistrate Judge Ralph W. Smith ) (fce) (Entered: 03/17/1998)
03/18/1998 5 ANSWER to Complaint by City of Watervliet, Robert Carlson, Leo J. O'Brien (Attorney Carrie McLoughlin Noll), (fce) (Entered: 03/18/1998)
03/30/1998 6 ACKNOWLEDGEMENT OF SERVICE as to Harry J. Cushing on 3/18/98 : Answer due on 4/7/98 for Harry J. Cushing (fce) (Entered: 03/30/1998)
04/13/1998 7 ANSWER to Complaint by Charles V. Patricelli (Attorney Brian S. Kremer), (fce) (Entered: 04/14/1998)
04/15/1998 8 ANSWER to Complaint by Harry J. Cushing, Frank M. Kelly, Charles A. Jeseo, Sandra J. Beston, Roberta Gilson, Rita Barbera, William J. Fitzpatrick (Attorney David I. Bacon ), (fce) (Entered: 04/15/1998)
06/03/1998 9 Minute entry: Court Reporter/ECRO: none; Rule 16 conf held; dates set except for trial date; order issued. (rzh) (Entered: 06/03/1998)
06/03/1998 10 Proposed Joint Civil Case Management Plan Submitted. (rzh) (Entered: 06/03/1998)
06/03/1998 11 Uniform Pretrial Order; Trial Ready by: 12/31/99; Length of Trial 6 days; Trial Location: Albany; Joining of Parties Deadline 8/31/98 ; Amending of Pleadings Deadline 9/30/98 ; Discovery Deadline 4/30/99 ; Motion Filing Deadline 8/31/99 ; Trial date to be set by Chambers, counsel will be notified. ( Signed by: Magistrate Judge Ralph W. Smith ) (rzh) (Entered: 06/03/1998)
06/05/1998 12 Court Scheduling Notice by Susan Lustyik:, set Jury Trial for 9:30 1/10/00 in Albany before Judge Kahn (fce) (Entered: 06/05/1998)
06/10/1998 13 AMENDED ANSWER to Complaint by Watervliet Housing A, Harry J. Cushing, Frank M. Kelly, Charles A. Jeseo, Sandra J. Beston, Roberta Gilson, Rita Barbera, William J. Fitzpatrick : amends [8-1] answer (fce) (Entered: 06/10/1998)
11/17/1998 14 ORDER, set Discovery Hearing for 10:00 12/9/98 in Albany before Judge Smith ( signed by Magistrate Judge Ralph W. Smith ) (fce) (Entered: 11/17/1998)
12/10/1998 15 Minute entry of discovery conference before Judge Smith on 12/9/98: Court Reporter/ECRO: none; all parties appeared; discovery issues resolved. (fce) (Entered: 12/11/1998)
01/25/1999 16 ORDER, set Discovery deadline to 2/1/99 for all outstanding demands as to the following defendants: Cushing, Kelly, Jeseo, Beston, Gilson, Barbera, Fitzpatrick, and the Watervliet Housing Authority ( signed by Magistrate Judge Ralph W. Smith on 1/22/99) (tab) (Entered: 01/25/1999)
03/19/1999 17 ORDER, reset Final Pretrial Order Deadlines: Deadline for filing of all motions by 11/30/99 ; Discovery deadline on 7/30/99 ; trial ready as of 3/30/00 ( signed by Magistrate Judge Ralph W. Smith ) (fce) (Entered: 03/19/1999)
06/08/1999 18 Minute entry of telephone discovery conference with Judge Smith: Sue Adler, John Pennock appeared; discovery deadlines set. (fce) (Entered: 06/08/1999)
06/08/1999 19 ORDER, reset Final Pretrial Order Deadlines: Deadline for filing of all motions by 2/28/00 ; Trial Ready Deadline for 6/30/00 ; Discovery deadline on 10/30/99 ; ( signed by Magistrate Judge Ralph W. Smith ) Date Entered: 6/8/99 (fce) (Entered: 06/08/1999)
06/09/1999 20 Letter application received from Edward J. Spychalski requesting: an Order compelling the deft Kelly to testify about certain matter and an order awarding plaintiff reasonable expenses including attorney's fees. (fce) (Entered: 06/09/1999)
06/17/1999 21 RESPONSE by Frank M. Kelly in opposition to [20-1] application for attorney fees. (fce) (Entered: 06/18/1999)
06/18/1999 22 RESPONSE by City of Watervliet, Robert Carlson, Leo J. O'Brien in opposition to [20-1] application (fce) (Entered: 06/22/1999)
06/18/1999 23 RESPONSE by Charles V. Patricelli in opposition to [20-1] application (fce) (Entered: 06/22/1999)
06/18/1999 24 REPLY RESPONSE by Edward J. Spychalski in support of [20-1] application (fce) (Entered: 06/22/1999)
07/01/1999 25 Letter dated June 21, 1999 to Judge Smith from David Bacon stating that notwithstanding the reply correspondence dated June 18, 1999 of Sue Adler, he stands by the content of his letter dated 7/17/99 on behalf of defendant Frank C. Kelly. (fce) (Entered: 07/02/1999)
07/01/1999 26 ORDER, plaintiff's application to require Mr. Kelly to respond to her questions is granted , that defendant Kelly shall answer those questions to the best of his ability or face potential sanctions , that plaintiff's application for reasonable expenses and attorney fees is denied. ( signed by Magistrate Judge Ralph W. Smith ) (fce) (Entered: 07/02/1999)
08/18/1999 27 MOTION by Edward J. Spychalski to Amend [1-1] complaint , Hearing set for 9:30 10/7/99 , Response Deadline 9/23/99 Motion returnable before Judge/Mag. Judge: Smith (fce) (Entered: 08/19/1999)
08/18/1999 27 Declaration of Sue Adler in support of [27-1] motion to Amend [1-1] complaint with exhibits "A" thru "G" attached. (fce) (Entered: 08/19/1999)
08/18/1999 28 MEMORANDUM by Edward J. Spychalski in support of [27-1] motion to Amend [1-1] complaint (fce) (Entered: 08/19/1999)
08/18/1999 29 NOTICE of motion return date by Lillian Spagnola to all parties notifying that the motion to amend complaint is returnable on 10/7/99 (fce) (Entered: 08/19/1999)
09/23/1999 30 AFFIDAVIT IN OPPOSITION by Brian Kremer for Charles V. Patricelli Re: [27-1] motion to Amend [1-1] complaint (wjg) (Entered: 09/23/1999)
09/23/1999 31 MEMORANDUM OF LAW by Charles V. Patricelli in opposition to [27-1] motion to Amend [1-1] complaint (wjg) (Entered: 09/23/1999)
10/14/1999 32 ORDER granting [27-1] motion to Amend [1-1] complaint to add a punitive damages claim against deft Patricelli; further Ordered that other than the uncompleted deposition of plaintiff, no further deposition shall be conducted without express permission of the court. ( signed by Magistrate Judge Ralph W. Smith ) Date Entered: 10.14.99 (wjg) (Entered: 10/14/1999)
10/22/1999 33 NOTICE/ORDER, set Settlement Conference for 4:00 11/15/99 ( signed by Magistrate Judge Ralph W. Smith and Judicial Assistant L. Danton on 10/22/99) (wjg) (Entered: 10/25/1999)
10/25/1999 34 AMENDED COMPLAINT by Edward J. Spychalski , Service deadline 12/24/99 for William J. Fitzpatrick, for Rita Barbera, for Roberta Gilson, for Sandra J. Beston, for Charles A. Jeseo, for Frank M. Kelly, for Harry J. Cushing, for Leo J. O'Brien, for Robert Carlson, for City of Watervliet, for Watervliet Housing A, for Charles V. Patricelli , amends [1-1] complaint (wjg) (Entered: 10/25/1999)
11/01/1999 35 ACKNOWLEDGEMENT OF SERVICE as to Charles V. Patricelli, Watervliet Housing A, City of Watervliet, Robert Carlson, Leo J. O'Brien, Harry J. Cushing, Frank M. Kelly, Charles A. Jeseo, Sandra J. Beston, Roberta Gilson, Rita Barbera, William J. Fitzpatrick on 10/25/99 : Answer due on 11/14/99 for William J. Fitzpatrick, for Rita Barbera, for Roberta Gilson, for Sandra J. Beston, for Charles A. Jeseo, for Frank M. Kelly, for Harry J. Cushing, for Leo J. O'Brien, for Robert Carlson, for City of Watervliet, for Watervliet Housing A, for Charles V. Patricelli (wjg) (Entered: 11/02/1999)
11/02/1999 36 ANSWER by Charles V. Patricelli (Attorney Brian Kremer) to amended complaint (wjg) (Entered: 11/02/1999)
11/10/1999 37 ANSWER by City of Watervliet, Robert Carlson, Leo J. O'Brien (Attorney Catherine Spaneas) to amended complaint (wjg) (Entered: 11/10/1999)
11/10/1999 38 ANSWER by Watervliet Housing A, Harry J. Cushing, Frank M. Kelly, Charles A. Jeseo, Sandra J. Beston, Roberta Gilson, Rita Barbera, William J. Fitzpatrick (Attorney David Bacon ) to amended complaint (wjg) (Entered: 11/10/1999)
11/17/1999 39 11/15/99 settlement conference Minute entry: App: Brian Kremer, Esq. for deft; John Pennock, Esq. for deft.; Sue Adler, Esq. for plt; David Bacon, Esq for deft; Plaintiff's expert discovery due by 12/15/99; case not settled. (tab) (Entered: 11/22/1999)
11/17/1999 40 ORDER, to Extend Time for plaintiff to furnish a rebuttal expert report if desired until 12/15/99. ( signed by Magistrate Judge Ralph W. Smith ) (tab) (Entered: 11/22/1999)
12/23/1999 41 LETTER BRIEF from deft Patricelli dd 12/22/99 regarding Request Number 50 of Plaintiff's Second Set of Interrogatories and Requests for Production to Deft. Patricelli. (wjg) (Entered: 12/27/1999)
01/07/2000 42 JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT (Date Served: 1/10/00) (wjg) (Entered: 01/10/2000)
01/07/2000 Case closed (wjg) (Entered: 01/10/2000)
05/02/2000 43 STIPULATION of dismissal/discontinuance by Edward J. Spychalski, Charles V. Patricelli, Watervliet Housing A, City of Watervliet, Robert Carlson, Leo J. O'Brien, Harry J. Cushing, Frank M. Kelly, Charles A. Jeseo, Sandra J. Beston, Roberta Gilson, Rita Barbera, William J. Fitzpatrick (wjg) (Entered: 05/02/2000)
21 comments:
Seriously, you cannot make it up...
If the only entity with any control over a Federal authority is HUD (as Spychalsky claims in Saratoga)why did Spychalsky sue the City of Watervliet? Apparently he conceded the authority of the city over the Housing Authority there. Does anyone ever do a background check on anyone? When Val Keene hired this guy did she ever think to pick up the phone to check his references? Can we ever get rid of this dirt bag? When is the Board going to just give up and resign??
Now we know why he still has his position...they're afraid he'll sue. I wonder if this has something to do with his extravagant raises and "no questions asked" doings. Could he have something on them?
I find it rather hypocritical that he sues because his rights were violated, yet he, himself, has repeatedly violated the rights of others and apparently continues to do so.
You'd think with his salary, Ed would be able to afford a barber and not use a bowl and a pair of grass shears.
John, It is incredible that you, the blogger in the basement, is the only journalist who found this story. The folks in Watervliet must have been laughing their butts off for the last two months. Great job! Keep it up!
What ever Watervliet had to pay to get rid of this guy, it was a bargain.
STRONGARM...for a guy with little education he SURE has street smarts. Mr Mayor...is he holding something over your head, personally or otherwise? I'd have thought you'd have cut bait & rowed away from this fish a LONG time ago. Get him out of there, no matter WHAT it costs.
I think Ed needs to take a NXIVM intensive.
HaHaHa!
Jesus.... Who does that mans hair? Seriously, add a small mustache and he's the bloody reincarnation of Hitler...
For someone so obviously ignorant and stupid, not to mention so goofy looking, he must have pictures of some higher up with a sheep to have been promoted beyond janitor. If he were in India he'd be an untouchable.
This is a front page TU story. Patrecelli of Watervliet said it was a nightmare! They also said the settlement was nominal. Apparently. Spychalnsky wasn't making a comment. You'd think he would be happy to explain how he was abused by the citizens of Watervliet. When is the Times Union going to put you on the payroll?
I'm a blogger, too! Yes, I am! I am so!
Place a small rectangular shaped moustache on little Ed's face and with that haircut, he's a dead ringer for Adolf Hitler.
TODAY my NAME is GRUNT33!!!-
I LOVE Ed and Ed loves ME!
I LOVE every word ever SAID by Ed,
And there's not one BUG
in one snug little bed!
The LYING LIARS LIE LIE LIE!
BEN is BAD as Dumb JOHN TIGHE!
I love Ed's FACTS I love his FEET,
you'll NEVER see him kicked to the Street.
You've NEVER KNOWN his softer side...
the Lying LIARS LIED LIED LIED!!!!
A Good God's man, A Saintly Saint-
I KNEW Hitler and HITLER he AIN'T!!!
We MISS him SO in WATERVLIET,
We've wept like SLUGS since he SCURRIED away.
I LOVE his HAIR, his DOE-EYED FACE,
I LOVE him MORE
than I LOVE UPPER CASE!!!!!! "
Busy weekend for you.
Fireman arrested 9:30 pm Thursday.
Newspaper calls for info from Fire Chief on Friday......no comment,....unavailable for comment, etc.
The Good Doctor says it is a "personnel matter" (traditional cop-out), and the Saratogian blog editor isn't taking comments.
What is this? A police State?
WTF
I think it was the good Sister Charla who went on at the City Council meeting on how Ed had raised the HUD rating of the SSHA from a C to an A. Well guess what--SSHA already had that A rating in 2006, the year Ed was promoted. Oooops--guess the PR firm slipped up when they briefed the good Sister on what her talking points were going to be.
MIA at SSHA: Jonathan Spychalski and the Jeep. Oh where, oh where could they be??
Johnathon and the jeep are probably at a security guard conference in Florida.
I don't understand this at all. Way back in the late 1980's I worked for the state and was a good employee, at least that's what my reviews said every year. I ended up getting hurt while doing my job and suffered a back injury that I have to this day. Since that time, I've lived with chronic back pain. Eventually I was fired because my doctor did not want me doing the work I was doing (truck driver). In hindsight I would have just continued to work and suffered. But I was fired. The union did nothing. The woman in personnel lied to me and said very nasty personal things to me, which of course I could not prove because it was just me and her in the office. Eventually I was unemployable for three years thanks to the reference this woman gave when people called for a reference, which I had proof of. I wanted to sue at the time but was told that I could not sue my employer because that's what workers comp was for. I argued and said, but they're NOT my employer, they fired me. All in all, this was a bad experience and took many years of fighting and writing letters before I just said screw-it and let things go. So I don't understand how this guy can sure his employer AND get a settlement when I was told you could not do this.
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