Community | July 31, 2010 | 0 comments

Woman arrested and labeled a Terrorist “Tea bagger” files lawsuit against Suffolk County

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MorichesDaily
An East Quogue woman filed a federal lawsuit on Thursday that seeks $70 million in damages from Suffolk County and Southampton Town law enforcement agencies, charging that she was wrongfully arrested, detained and harassed after taking photographs outside the Air National Guard base in Westhampton last July with two guns and dozens of rounds of ammunition in her car.

The lawsuit also alleges that Nancy Genovese, 54, a mother of three who has lived in East Quogue for more than three decades, was the victim of assault and malicious prosecution when she was detained by authorities on the shoulder of Old Riverhead Road for nearly six hours on July 30, 2009, before being arrested.

Ms. Genovese, who was returning home from a shooting range on the night of her arrest, said she stopped near the entrance to the ANG base to take photos of the decommissioned helicopter there for a patriotic “Support Our Troops” website that she was working on at the time. Authorities said they found 500 rounds of ammunition as well as an XM-15 assault rifle and a shotgun inside her car.

Ms. Genovese noted that both weapons, which are legal firearms, were properly stored inside her car at the time and that the responding officers illegally searched her car, a point also made in the lawsuit. The litigation also notes that there were closer to 140 rounds of ammunition in her car.

“To be labeled a terrorist isn’t right,” Ms. Genovese told reporters during a press conference held Thursday morning at the law office of her attorney, Frederick Brewington, in Hempstead. “I’m a patriot,” added Ms. Genovese who became emotional almost immediately after addressing the media.

The lawsuit charges that the arresting officers, who included Southampton Town Police Lieutenant Robert Iberger and Suffolk County Undersheriff Joseph T. Caracappa among others, repeatedly referred to Ms. Genovese as “a right winger” and “tea bagger” because of her political beliefs.

According to Ms. Genovese, officers interrogated her for six hours near the entrance of the base before arresting her. Once in the custody of police, she said they shackled her legs together and told her she was being charged with being a “terrorist.”

Shortly after her arrest, Genovese said, she was taken by sheriff’s deputies to Peconic Bay Medical Center in Riverhead, where she was handcuffed to a bed. The handcuffs and the gown she said she was forced to wear while on suicide watch at the jail caused intense pain and discomfort due to her rheumatoid arthritis, she said
“My arms and legs were so swollen, I couldn’t even walk,” she said.

The lawsuit states that Lt. Iberger, who was not in uniform and driving a minivan at the time, was the person who originally stopped Ms. Genovese on the side of Old Riverhead Road. It also notes that Lt. Iberger contacted the Suffolk County Sheriff’s office and ANG base and “wrongfully” informed them that she “posed a terrorist threat.” Lt. Iberger also took the memory card for her camera containing the photos of the helicopter; the memory card has still not been returned, according to the lawsuit.
Additionally, the lawsuit states that before being placed in handcuffs, Ms. Genovese tried to give her two sons a shopping bag with her cell phone and wallet, the latter of which contained approximately $13,000 in cash. When it was returned to her, the wallet was missing $5,300, according to the lawsuit. The document states that Ms. Genovese had such a large amount of cash on her because she was going to use it to pay the college tuition for her sons and Catholic school tuition for her daughter.

Another defendant is Suffolk County Deputy Sheriff Robert Carlock. The litigation charges that he placed cameras on the roof of his vehicle and aimed them at Ms. Genovese and her sons after they arrived at the scene. Mr. Carlock was the officer who confiscated Ms. Genovese’s rifle that day; it was returned six months after the trespassing charge was officially dropped.

The litigation also alleges that it was Mr. Carlock who allegedly told Ms. Genovese during her interrogation that they would “find something in order to teach all right wingers and tea baggers a lesson..”

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