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Case 3:10-cv-01226-JGM Document 1 Filed 08/02/10 Page 1 of 4





1. This is an action to redress the deprivation of rights secured to the plaintiff by the Constitution and laws of the United States and the State of Connecticut. 2. Jurisdiction of this court is invoked under the provisions of Sections 1331, 1343(3) and 1367(a) of Title 28 and Sections 1983 and 1988 of Title 42 of the United States Code. 3. The plaintiff is an adult citizen of the United States who resides in New Milford, New Jersey. 4. During all times mentioned in this action, the defendant was an officer in the Police Department of New Haven, Connecticut, acting as such. He is sued only in his individual capacity. 5. During all times mentioned in this Complaint, the defendant was acting

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under color of law, that is, under color of the constitution, statutes, laws, rules, regulations, customs and usages of the State of Connecticut. 6. At approximately 1:30 a.m. on November 27, 2008, in the vicinity of Crown and Temple Streets in the City of New Haven, the defendant arrested the plaintiff, took him into police custody, and charged him with the crimes of interfering with a police officer and disorderly conduct. The arrest was made without a warrant. 7. There was no probable cause for the plaintiffs arrest. The plaintiff was innocent and had not committed any crime, and the defendant knew that the plaintiff was innocent. 8. In the course of the said arrest, the defendant grabbed the plaintiff on the street for no reason and stated: Dont tense up with me motherfucker. At that point the defendant hurled the plaintiff to the street, punched him several times, and stated: Oh, white boy thinks hes a tough guy. The defendant screamed racial epithets at the plaintiff, calling him a Cracker, as the plaintiff pleaded with him for mercy, trying to explain that he had not done anything wrong. The plaintiffs wife approached the defendant, attempting to explain that they were peaceful citizens not breaking any laws, and in response the defendant pushed her chest very hard with both hands, stading: Back the fuck up! The defendant then slammed the plaintiffs head into a wall and affixed 2

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handcuffs far more tightly than was appropriate, for the purpose of inflicting pain on the plaintiff, and stated: Ill bet that hurts,motherfucker. 9. The plaintiffs wife approached a police supervisor who had arrived at the scene, asking for help, but he responded: I have to stand behind my officer. 10. The defendant caused the plaintiff to be taken in police custody to the headquarters of the New Haven Police Department and prepared, maliciously and for the purpose of procuring the prosecution and conviction of a man he knew to be innocent, a false police report falsely asserting that the plaintiff had engaged in conduct constituting a crime. He then caused said report to be transmitted to the office of the States Attorney. 11. As a direct and proximate result of the aforesaid actions of the defendant, the plaintiff suffered physical injury, pain, fear, emotional distress, and a loss of liberty. He was required to hire the services of an attorney for his defense against the said charges and to appear in court as an accused criminal. 12. On December 5, 2008, the aforesaid false charges were nolled by an Assistant States Attorney and they were erased from the plaintiffs record on January 5, 2010. 13. In the manner described above, the defendant subjected the plaintiff to false arrest, malicious prosecution and unreasonable force, all in violation of the Fourth Amendment to the United States Constitution as enforced by Sections 3

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1983 and 1988 of Title 42 of the United States Code. WHEREFORE, the plaintiff claims judgment against the defendant for compensatory damages, punitive damages, attorney fees and costs. The plaintiff claims trial by jury.



/s/ JOHN R. WILLIAMS (ct00215) 51 Elm Street New Haven, CT 06510 203.562.9931 Fax: 203.776.9494 His Attorney