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The lawsuit's complaint alleges that there was a violation of his constitutional rights, that Zaimi was falsely arrested and that he was targeted due to his support for Putnam County Sheriff Donald Smith, an adversary of Levy’s.
Zaimi, who owns Ariano’s in Mahopac, is accused of raping an 18-year-old waitress. He denies the allegation through the lawsuit. Instead, it is argued that there was consensual sex for $200.
Zaimi, whose federal lawsuit was filed on Friday, August 8, is described in the complaint as a “vocal supporter and publicly known fundraiser for Sheriff Smith,” which adds that he hosted fundraising events at Ariano’s. Zaimi is also a deputy sheriff, the lawsuit complaint states.
In the complaint, defendants are alleged to have improperly influenced the waitress and to have conspired to do so. The lawsuit claims that the waitress changed her account of what happened, switching from a denial of rape to alleging it, following a meeting with Assistant District Attorney Danielle Pascale.
It also claims that Pascale withheld evidence and police reports, and lies about Levy having nothing to do with the arrest of Zaimi and pressured the woman to lie under oath.
The complaint notes what has garnered extensive area media coverage over the last year, stating that Levy and Smith “were engaged in a contentious and widely publicized feud,” which was over the decision by Smith to charge Alex Hossu, a live-in personal trainer of Levy’s, with a girl’s rape.
Hossu was later acquitted and Zaimi’s trial ended in a mistrial in March, according to The Journal News, which first reported the lawsuit and added that a retrial for Zaimi is set for September.
Levy is suing Smith for defamation over comments made about Hossu’s case, The Journal News reports, which also states that Smith has countersued.
Two Carmel police detectives, also named as defendants, are accused of trying to manipulate the woman to “curry favor” with the district attorney. The detectives, according to the complaint, were involved in an interview in which she claimed the sex was consensual.
The complaint, which includes other members of the police department, addresses Zaini’s August 2013 arrest, alleging that that police “conducted a pretext traffic stop,” and adding that they aimed firearms at him.
The Town of Carmel and Putnam County are also named as defendants.
A spokeswoman for Levy declined to comment because of pending litigation. A member of Carmel Supervisor Kenneth Schmitt’s office explained that he does not comment on litigation due to advice of town counsel.
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