Two more lawsuits filed against ex-Albany cop

PHOTOGRAPHER: Steven Cook

The same attorney who filed a lawsuit this week against an embattled former Albany police officer now working in Schenectady County has filed two more lawsuits against the officer, also this week.

The three lawsuits concern traffic stops the suits contend were conducted by Officer Michael Geraci, Jr., all in May 2013 and all resulting in impaired driving arrests that judges later threw out.

Albany attorney Kelly Mikullitz filed all three Tuesday in U.S. District Court in Albany on behalf of three separate plaintiffs: Albany resident Michael Alvaro, Loudonville resident George DiBernardo and Albany resident Alex Perez.

The Gazette found Perez’ lawsuit Wednesday. The two other lawsuits became available Thursday.

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.

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.

In the two new lawsuits, Alvaro and DiBernardo contend Geraci unlawfully stopped them and charged them.

DiBernardo contends that Geraci stopped him May 11, 2013 on Route 9 in Albany. DiBernardo lawfully refused to perform filed sobriety tests, the suit reads.

Geraci charged DiBernardo with driving while impaired and two violations, arresting him.

At a subsequent hearing on his sobriety test refusal, the suit reads, a judge determined the record “failed to establish” DiBernardo drove while impaired and restored DiBernardo’s driving privileges.

The criminal prosecution continued, but eventually all charges were dismissed, the suit reads.

DiBernardo is claiming false arrest, unlawful search, malicious prosecution and excessive force.

In the other new suit, Alvaro contends Geraci unlawfully stopped him May 27, 2013, at Woodlawn Avenue and Oakwood Street in Albany. Alvaro also refused sobriety tests and Geraci charged him with driving while impaired, the suit reads.

The judge at the subsequent hearing also determined the record “failed to establish” Geraci had cause to believe Alvaro operated impaired. Criminal charges were dismissed completely in February 2014, the suit reads.

Alvaro is claiming false arrest, unlawful search, malicious prosecution and excessive use of force.

In the third suit, Perez makes similar claims, but also contends Geraci made disparaging and “racially charged” remarks during his May 17, 2013 driving while impaired arrest. Perez also claims Geraci improperly listened in during Perez’ phone call to an attorney.

A judge dismissed all charges against Perez in February 2016, his suit reads.

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

Dagostino repeated his praise for Geraci again this week, both when told of the Perez suit and again Thursday when told of the two other new suits, saying Thursday that Geraci is “the best hire I’ve made in two years.”

Mikullitz declined to comment on the suits. A spokesman for the city of Albany could not be reached.