Four years ago today, Sergeant Michael Marcucilli was accused of assaulting a 12 year old African-American boy during an arrest.  Since that day, Detective Martin Bailey and Police Officer Janie McKennie, both African-American claim that they have been subjected to retaliation by Caucasian Male members of the Mount Vernon Police Department.         

Bailey and McKennie allege they witnessed Sergeant Marcucilli use excessive force against a defenseless 12 year old African-American boy during an arrest at the A.B. Davis Middle School.  Both officers gave statements to the Internal Affairs Division, Mount Vernon’s Law Department as well as provided testimony in federal court. 

Bailey says that he was retaliated against for reporting Sergeant Marcucilli’s misconduct.  He claims to have been unfairly disciplined, passed over for promotion, ostracized and treated differently, especially by the Caucasian Male officers.  He says that he has filed other complaints with the Internal Affairs Division about his treatment but, there were never any actions taken against Sergeant Marcucilli or any other employee.  Nor were his complaints ever forwarded to Human Resources as required by Mount Vernon’s own employment policies.  Bailey, who was scheduled to be promoted to sergeant, was passed over on the previous promotional list.  He is currently No.: 2 on the promotional list.  Bailey says that he is being unfairly punished for “doing what he was sworn to do.”   

McKennie says that she was retaliated against for reporting Sergeant Marcucilli’s misconduct.  She claims to have been ostracized and treated differently, especially by the Caucasian Male officers.  She says that she has filed other complaints with the Internal Affairs Division about her treatment but, there were never any actions taken against Sergeant Marcucilli or any other employee.  Nor were her complaints ever forwarded to Human Resources as required by Mount Vernon’s own employment policies.  McKennie claims to have been subjected to sexually offensive conduct as well with several postings in the workplace that refers to her anatomy as well as her marital status.  McKennie says that she is “appalled by the lack of responsiveness by the management.” 

Sanders said that “Unfortunately, what these officers of color are experiencing is inherently part of the police culture everywhere.  Although, it is a tough road, I commend these officers for doing the right thing for themselves, the community and the Department.” 

“Since we cannot rely upon the management to ‘do the right thing’ we will utilize the litigation process to vindicate their civil rights.” 

Eric Sanders, Esq., of The Sanders Firm, P.C., filed notices of claims at the City of Mount Vernon’s Law Department on February 27, 2013.  The names of the claims are: In the Matter of the Claim of MARTIN BAILEY v. THE CITY OF MOUNT VERNON, ET AL., and In the Matter of the Claim of JANIE MCKENNIE v. THE CITY OF MOUNT VERNON, ET AL.  Sergeant Michael Marcucilli is named as a respondent on both claims.  Procedurally, if the claims are not resolved during the adjustment and payment period, they will pursue any and all available remedies in federal court.      

The Sanders Firm, P.C., is a nationally recognized law firm located in New York, N.Y., serving clients’ throughout the five (5) boroughs of the City of New York Bronx, Brooklyn, Manhattan, Queens and Staten Island as well as Nassau, Orange, Suffolk and Westchester Counties focused on cases involving Civil Rights and civil service law.