Firefighter Sues FDNY For $2.5 Million Over Hazing

An FDNY firefighter who is charged criminally with choking a coworker in 2013 has filed a $2.5 million suit against the city and two firefighters he claims were assaulting him at the time.

Firefighter Baraka Smith filed suit last week in US District Court alleging race discrimination, sex discrimination/harassment, failure to train, negligent supervision of unfit employees, negligent infliction of emotional distress, failure to follow policy and guidelines of the City of New York with regard to “hazing”, false arrest, false imprisonment, and malicious prosecution.

Smith, who identifies himself in the complaint as “a male African-American citizen of the United States”, was involved in an altercation with two firefighters who allegedly hazed him on his first day at Ladder 107 in Brooklyn. Smith claims he was defending himself from a sexual assault perpetrated by Firefighters Patrick Mullany and Salvatore Corallo.

According to the complaint:

• May 25, 2013 … Plaintiffs first day at this particular fire station. He had come bearing traditional firehouse gifts (cake and pies).
• He was greeted by firefighter, PATRICK MULLANY, who said “Hey Sugar”.
• Later as Plaintiff was changing his clothes in the locker room, two firefighters grabbed plaintiff from behind and simulated anal sexual intercourse while forcibly holding him down, and uttered words like “I like this brown sugar”
• Defendant CORALLO actually touched Plaintiff by digitly [sic] touching Plaintiffs anus and penis/testicles.
• As a result of this assault, firefighter SMITH defended himself.
• Defendant CORALLO, reported the incident to the Battalion Chief Johnson, whowas on duty that Plaintiff had “choked him”.
• Defendant CORALLO did not go to the hospital and both he and Plaintiff went on an emergency response after the incident. Several hours later, he reported the fight to the police. Plaintiff explained what happened to Battalion Chief Johnson.
• Plaintiff was arrested at home in front of his family, and is still awaiting deposition of his case. Meanwhile Plaintiff has had emotional injuries as a result of Defendants’ actions and inactions which have caused him to be on modified duty and not able to receive his full pay (overtime), or any promotions.
• Plaintiff has sought to file a criminal complaint against Defendant CORALLO, but the police and the Kings County District Attorney’s Office have foreclosed him from doing so.

The complaint contains five counts and seeks $2.5 million in damages. Both Mullany and Corralo are sued individually.

Here is a copy of the complaint: Smith v City of NY