Ex-Albany cop, now a Schenectady County deputy, faces lawsuit

An embattled former Albany police officer now working in Schenectady County is facing a new lawsuit, this one accusing him of violating the plaintiff’s constitutional rights against unreasonable seizure and his right to counsel.

Alex Perez of Albany also accuses the officer, Michael Geraci Jr., of making disparaging and “racially charged” remarks during Perez’ May 2013 arrest on accusations of driving while impaired, including calling Perez a “degenerate,” “CeeLo Green” and calling his jewelry “knock-off,” according to the suit.

The suit also alleges that Geraci inappropriately listened in on Perez’ phone call with his attorney, putting Perez’s phone on speaker after Geraci dialed the attorney’s number for the in-custody Perez.

An Albany City Court judge later dismissed all charges against Perez, the lawsuit reads.

Perez also filed a complaint against Geraci with the Albany Police Department. The department’s investigation substantiated Perez’ claims and the agency sanctioned Geraci as a result, according to the suit.

The comments, the suit reads, “were racially charged, demeaning and demonstrate defendant Geraci’s malicious intent.”

An attorney for Perez declined to comment Wednesday. A representative for Albany police could not be reached.

Perez’s attorney, Kelly Mikullitz, filed the suit Tuesday in U.S. District Court in Albany.

Geraci has worked for the Schenectady County Sheriff’s Department since March, transferring to the department while still on suspension with the Albany department.

His resignation from Albany and transfer to Schenectady County came amid allegations that Geraci assaulted a 12-year-old boy on Halloween night in Colonie.

The boy’s father, Patrick Batchelder, filed a claim in February, the precursor to a potential lawsuit, against the city of Albany, Colonie and the two municipalities’ police departments.

Geraci’s father, Michael Geraci Sr., served as Schenectady police chief from 2002 to 2007. Albany police suspended Michael Geraci Jr. after the alleged Halloween incident.

Schenectady County Sheriff Dominic Dagostino, who later hired Geraci, has defended the hire, saying he was satisfied with Geraci’s answers to questions about the incident and cited Geraci’s extensive experience in policing.

Dagostino declined to comment on the new lawsuit, but said Geraci is doing “one hell of a job” and the department is happy to have him.

“He’s done an exemplary job in the very short time he’s been here,” Dagostino said.

The new lawsuit centers around the early May 17, 2013 arrest of Perez by Geraci in the area of Rawson Street and Central Avenue in Albany.

Geraci had pulled Perez over. Perez invoked his right to remain silent and requested an attorney, the suit reads. Geraci, however, continued interrogating Perez.

Geraci charged Perez with driving while impaired, refusal to take a breath test, and violations.

After arrest, Geraci placed Perez in the patrol car and made the disparaging remarks, the suit alleges.

Geraci ordered Perez’s vehicle towed with 24-hour hold on it, both inappropriately, the suit reads.

The suit contends that after some initial discussion, Perez’s attorney told him to call back when they could talk privately.

Later at the department, the suit reads, Geraci made further unspecified racially charged and derogatory remarks.

After Perez’s complaint, the lawsuit claims, the Police Department ultimately sanctioned Geraci.

Perez is seeking unspecified damages.

Categories: News, Schenectady County