Seneca Falls Town Supervisor Frank Schmitter is signaling plans for a civil lawsuit against the town, police officials, prosecutors and a Town Board member, alleging he was wrongfully arrested and prosecuted before a grand jury declined to indict him.
Schmitter makes the allegations in a verified notice of claim dated Sept. 12. The document asserts federal civil-rights and state-law claims, but it does not establish wrongdoing or liability.
Who is named in the claim
The notice names the Town of Seneca Falls and Seneca Falls Police Department as respondents, along with Police Chief Timothy Snyder, Investigator Christopher Denny, Detective Martin Rotz and Lt. Thomas Cleere.
Town Board member Wendy Crane is also named, as are Seneca County District Attorney John Nabinger and Patrick Morrell, who is identified in the document as a county assistant district attorney and the Seneca Falls town attorney.
The claims are made against the officials individually and in their government roles.
What Schmitter alleges
The document says the claims became actionable when a Seneca County grand jury returned a “no true bill” around June 16, meaning it declined to indict Schmitter on the charges presented.
Schmitter alleges malicious prosecution under federal civil-rights law and New York common law, conspiracy to deprive him of his civil rights, false arrest, intentional or negligent infliction of emotional distress and defamation.
The notice broadly characterizes the respondents’ conduct as wrongful, intentional, careless, reckless or negligent. It does not provide a detailed account of the confrontation that led to Schmitter’s arrest or explain the evidence presented during the criminal case.
Schmitter separately accuses Crane of making false and defamatory statements about him to news organizations around June 16 or 17. The notice does not identify the specific statements at issue.
The claim says the underlying events occurred in or near Seneca Falls Town Hall at 130 Ovid St., where Schmitter serves as the town’s chief executive and presides over Town Board meetings.
What happens next
A notice of claim is a procedural step generally required before certain civil actions can be brought against a municipality or its employees under New York law. It is not the same as a lawsuit, and the filing alone does not mean a court has reviewed or upheld the allegations.
The document presents Schmitter’s demand for adjustment and payment and says he intends to begin an action if the claim is not resolved within the time allowed by law. It does not specify how much compensation he is seeking.
Schmitter signed the notice under oath, saying its contents were true to the best of his knowledge. Rochester attorney Daniel Evan Strollo is representing him.
The notice contains only Schmitter’s allegations. It does not include responses from the town or any of the officials named, and no court determination on the civil claims is included in the document.
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