Case 3:09-cv-00862-JBA Document 177 Filed 04/30/12 Page 1 of 19

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : : : : : :

ANTHONY W. OLIPHANT, Plaintiff, v. ROBERT VILLANO, et al., Defendants.

No. 3:09-CV-00862 (JBA)

APRIL 30, 2012

AMENDED COMPLAINT The plaintiff, Anthony W. Oliphant, as and for his complaint against Robert Villano, Mark Sheppard, William Onofrio, Ronald Glifort, Eric Goclowski, Michael Nawrocki, Robert ONeil, Jason Venditto, Michael Sigmon, Michael McNeil, Robert Levy, Clayton Howze, George Smith, Rhonda Dixon, Deedra Dixon, Marc Dixon, Anthony Dixon, and Timothy Dixon, hereby alleges as follows: PARTIES 1. The plaintiff, Anthony W. Oliphant, is an individual currently confined at the MacDougall-Walker Correctional Institution, a maximum security facility in Suffield, Connecticut. 2. Defendants Robert Villano, Mark Sheppard, William Onofrio, Ronald Glifort, Eric Goclowski, Michael Nawrocki, Robert ONeil, and Jason Venditto are employed by the Town of Hamden, Connecticut, as patrol officers of the Hamden Police Department. 3. Defendant Michael Sigmon is employed by the Town of Hamden, Connecticut, as a sergeant of the Hamden Police Department. 4. Defendant Michael McNeil is employed by the Town of Hamden, Connecticut, as a

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lieutenant of the Hamden Police Department. 5. Defendants Robert Levy, Clayton Howze, and George Smith were, at the times relevant to this action, employed by the City of New Haven, Connecticut, as patrol officers of the New Haven Police Department. 6. Defendants Rhonda Dixon, Deedra Dixon, Marc Dixon, Anthony Dixon, and Timothy Dixon are individuals residing at 19 Gilbert Hill Road, North Haven, Connecticut. JURISDICTION AND VENUE 7. This action arises under the Fourth and Fourteenth Amendments to the United States Constitution pursuant to 42 U.S.C. 1983, Article First, Section Seven of the Constitution of the State of Connecticut, and Connecticut common law. Jurisdiction therefore exists under 28 U.S.C. 1331 and 1367(a). 8. All events giving rise to this action occurred in the District of Connecticut. Venue is therefore proper under 28 U.S.C. 1391(b)(2). ALLEGATIONS 9. Oliphant is a 53 year-old U.S. Navy veteran who suffers from Post-Traumatic Stress Disorder. 10. On September 1, 1995, Oliphant was found to have defrauded a public community i.e., to have committed welfare fraud in an amount of approximately $5,300. 11. For this offense, Oliphant was sentenced to fifteen years of imprisonment, to be suspended after seven years served with five subsequent years of probation. 12. 13. Oliphant paid full restitution for his offense and served seven years in prison. Oliphant was released from prison on August 30, 2002. He then began his five-year probation term.

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14.

From August 2002 until October 2006, Oliphant resided at 130 Cherry Ann Street #3, New Haven, Connecticut.

15.

During this period, Oliphant worked as professional painter and was a member of the International Union of Painters and Allied Trades. He also pursued a training program in technical drafting at Gateway Community College near his home.

16. 17.

In April 2005, Oliphant began a personal relationship with Rhonda Dixon. On May 1, 2006, Rhonda Dixon privately sold her car a 1989 Pontiac Bonneville to Oliphant for $400.

18.

From that time forward, Oliphant usually kept the 1989 Pontiac Bonneville in the private driveway behind his home. Events of September 24, 2006

19.

On September 24, 2006, at approximately 10:00 p.m., Rhonda Dixon and Oliphant, who had been out together that evening, returned together to Oliphants home.

20.

At approximately 10:45 p.m., Oliphant decided to end his relationship with Rhonda Dixon, and explained that he no longer wanted to see her.

21.

Upset, Rhonda Dixon abruptly exited Oliphants home, entered the car she was then driving, and departed.

22.

At approximately 1:00 a.m. that night, the Hamden Police Department received a 911 emergency call from a female who gave the name Rhonda.

23. 24.

The caller was Deedra Dixon Rhonda Dixons sister. The caller reported that she was at the Ebony Lounge, located at 424 Newhall Street, in Hamden, Connecticut roughly half a mile away from Oliphants home.

25.

The caller further reported that she was with her sister who had been beat up by her

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boyfriend. 26. At approximately 1:10 a.m., Rhonda Dixon returned to Oliphants home, accompanied by Deedra Dixon and their three brothers Marc, Anthony, and Timothy Dixon as well as Officer Villano and four other officers of the Hamden Police Department. 27. The Dixons, in the presence of the Hamden officers, unsuccessfully attempted to enter Oliphants house through the front door. 28. From the yard immediately outside the front door of Oliphants house, within the perimeter created by a white fence and row of hedges at the outer boundaries of the private property (Oliphants front yard), the Dixons, in the presence of the Hamden officers, attempted to lure Oliphant to emerge from his house and threatened to physically attack him. 29. Oliphant appeared at a window by the front door, but refused to emerge from his house and asked the Dixons to leave. 30. The Dixons refused to leave and continued to insist that Oliphant emerge from his house and to threaten to physically attack him. 31. Officer Villano joined the Dixons in Oliphants front yard and also asked Oliphant to emerge from his house. 32. Oliphant, fearing for his safety in light of the Dixons ongoing threats, declined Officer Villanos request. 33. After having spent approximately one hour in Oliphants front yard, the Dixons and the Hamden officers gradually proceeded to their respective vehicles and departed. 34. Oliphant then telephoned his elderly mother, relayed these events, and expressed fear for his safety.

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Events of September 25, 2006 35. On September 25, 2006, Oliphant discovered that he could not locate his keys, which he usually kept on a distinctive key ring bearing a long gold-colored rope-like appendage. 36. Fearing that the Dixons may have taken his keys, Oliphant removed the locks to the front and back doors of his house and installed new locks. 37. That evening, at approximately 12:00 a.m., Oliphant heard unusual noises emanating from the area behind his house through an open second-floor window. 38. Oliphant carefully approached the window to ascertain the source of these noises and saw several police officers, one of whom was handling a large dog, in the process of surreptitiously approaching the back door of his house. 39. Upon information and belief, these were Lieutenant McNeil, Sergeant Sigmon, and Officers Glifort, Goclowski, Nawrocki, ONeil, Venditto, and Villano of the Hamden Police Department. 40. Careful to avoid revealing his presence, Oliphant observed from the second-floor window as these officers, led by Officer Villano, reached the back door of his house. 41. Officer Villano was carrying Oliphants keys, together with the distinctive key ring bearing the long gold-colored rope-like appendage upon which Oliphant usually kept them. 42. Using Oliphants keys, Officer Villano attempted to open the back door of Oliphants house. 43. Unable to unlock the new lock using Oliphants keys, Officer Villano then attempted to break open the door by aggressively kicking it several times, which caused extensive damage to both the door and door frame.

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44.

As he kicked the door, Officer Villano yelled threatening profanities at, and about, Oliphant.

45.

Through another second-floor window at the front of his house, Oliphant also saw Rhonda Dixon standing at the edge of the property.

46.

Oliphant, fearing for his safety, reasoned that since his house was located in New Haven, the New Haven Police Department would protect him from the Hamden officers trying to break into it.

47.

Oliphant therefore called 911 and specifically asked the operator to connect him to the New Haven Police Department.

48.

The 911 operator, however, refused to connect Oliphant to the New Haven Police Department and ended the call without providing any emergency assistance.

49.

Ultimately, the Hamden officers were unable to break open the back door, and they eventually abandoned their attempts to enter Oliphants house.

50. 51.

The Hamden officers then gradually proceeded to their respective vehicles and departed. Oliphant then telephoned his elderly mother, relayed these events, and expressed fear for his safety.

52.

Under the shock of these events, Oliphant was unable to sleep that night. Events of September 26, 2006

53.

On September 26, 2006, at approximately 11:15 p.m., Oliphant received a threatening telephone call from Rhonda Dixon.

54.

About fifteen minutes later, at approximately 11:30 p.m., the Dixons returned to Oliphants home.

55.

The Dixons unsuccessfully attempted to break open Oliphants front door.

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56.

From Oliphants front yard, the Dixons loudly and aggressively threatened to physically attack and kill Oliphant.

57. 58.

Meanwhile, Officer Villano arrived and joined the Dixons in Oliphants front yard. Oliphant appeared at a second-floor window above the front door and asked Officer Villano to arrest the Dixons, but Officer Villano did not respond.

59.

In Officer Villanos presence, the Dixons continued to loudly and aggressively threaten to kill Oliphant.

60. 61.

Oliphant, fearing for his safety, again called 911. The same 911 operator Oliphant had spoken to the previous night answered his call. This time, Oliphant explained the unfolding situation and his reasoning, and insisted that the 911 operator connect him to the New Haven Police Department.

62.

The 911 operator ultimately agreed to connect Oliphant to the New Haven Police Department.

63.

At approximately 11:45 p.m., three more police officers arrived and joined Officer Villano and the Dixons in Oliphants front yard.

64.

Upon information and belief, these were Officers Levy, Howze, and Smith of the New Haven Police Department.

65.

Oliphant repeatedly attempted to explain to the New Haven officers that he was the 911 caller who had summoned their assistance.

66.

The New Haven officers, however, refused to respond or to otherwise address Oliphants concerns.

67.

At approximately 12:10 a.m., over Oliphants protests, Officer Villano and the New Haven officers ordered, arranged and oversaw the removal of Oliphants 1989 Pontiac

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Bonneville from the private driveway behind Oliphants home. 68. After having spent roughly one hour on the private property surrounding Oliphants home, the Dixons, Officer Villano, and the New Haven officers then gradually proceeded to their respective vehicles and departed. 69. Oliphant then telephoned his elderly mother, relayed these events, and expressed fear for his safety. 70. Under the shock of these events, Oliphant was unable to sleep that night. Aftermath 71. Two days later, on September 28, 2006, Oliphant personally went to the New Haven Police Headquarters on Union Avenue to formally lodge complaints against the Hamden and New Haven officers with respect to the events of September 24, 25, and 26, 2006. 72. The following day, on September 29, 2006, Oliphant twice returned to the New Haven Police Headquarters to formally lodge criminal complaints against the Dixons and Officer Villano for trespass, threatening, and other offenses on September 24, 25, and 26, 2006. Events of October 6, 2006 73. On October 6, 2006, at approximately 6:30 p.m., Oliphant pulled into his driveway in a rental car he was then driving. 74. As Oliphant reached the end of the driveway behind his house, an unmarked vehicle suddenly followed him in, blocking his rental car in place. 75. A police officer rapidly emerged from the unmarked vehicle and rushed towards Oliphants rental car with his weapon drawn and aimed at Oliphant. 76. Upon information and belief, that officer was Mark Sheppard of the Hamden Police

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Department. 77. Oliphant initially reacted by pressing buttons on his cellular phone in an attempt to call someone for help, but otherwise remained in his seat, made no abrupt movement, and offered no resistance. 78. Officer Sheppard rushed to the passenger-side of Oliphants rental car, smashed the passenger-side window, and pointed both his gun and Taser electroshock weapon at Oliphants face through the smashed-out window, all while constantly yelling at Oliphant. 79. Meanwhile, a second police officer appeared. Upon information and belief, this second officer was William Onofrio of the Hamden Police Department. 80. Officer Onofrio immediately rushed to the driver-side of Oliphants rental car, pointed his gun at Oliphants face, and opened the driver-side door, all while also yelling at Oliphant. 81. Officers Sheppard and Onofrios simultaneous screaming made much of what they said incomprehensible, but Oliphant did understand that he had been ordered not to move, and he therefore discontinued his attempt to make a telephone call on his cellular phone. 82. One of the two officers then yelled at Oliphant to kneel down on the ground while the other simultaneously yelled at Oliphant to lie face down against the ground. 83. 84. Confused and fearing for his safety, Oliphant chose to lie face down against the ground. As Oliphant began to do so, Officer Onofrio pressed his gun hard against Oliphants neck and Officer Sheppard came around to the driver-side of the rental car. 85. Once Oliphant laid face down against the ground, Officer Onofrio, using his full weight, dropped his knee on the back of Oliphants head and neck.

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86.

Officers Sheppard and Onofrio then handcuffed Oliphants wrists together behind his back, immobilizing him completely.

87.

While Oliphant was handcuffed behind his back and lying face down on the ground, Officers Sheppard and Onofrio fired their Taser electroshock weapons several times into the back of Oliphants head and neck and repeatedly pistol-whipped his head, causing severe contusions, lacerations, and bleeding, as well as complete disorientation and extreme pain.

88.

Officers Sheppard and Onofrio then grabbed Oliphant by his arms and pulled him up to his feet, released his right wrist from the handcuffs, and pushed him away to make it appear as though he was attempting to flee.

89.

Oliphant, disoriented, bleeding profusely, and suffering extreme pain, stumbled away momentarily, but shortly again fell to the ground on his own, where Officers Sheppard and Onofrio re-secured his right wrist in handcuffs behind his back.

90.

Oliphant was then taken to Yale-New Haven Hospital for emergency treatment, including the administration of five surgical staples to close the lacerations in his head.

91.

Officers Sheppard and Onofrio, in contrast, were not harmed in any way during their encounter with Oliphant.

92.

While Oliphant received emergency medical treatment, his rental car was confiscated and removed from his driveway.

93.

Subsequently, Oliphant was charged with eight offenses based solely on his encounter with Officers Sheppard and Onofrio, including second degree threatening, second degree assault, assaulting public safety personnel, interfering with an officer, and carrying a dangerous weapon.

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94.

Solely on account of these offenses, Oliphant was found to have violated the terms of his probation.

95.

On October 26, 2007, Oliphant was sentenced to serve six and one half more years in prison for having violated the terms of his probation.

96.

Since then, and to this day, Oliphant has been incarcerated at various mental health and maximum security correctional facilities. COUNT 1 Excessive Force (against Mark Sheppard and William Onofrio)

97. 98.

Oliphant repeats paragraphs 1 through 96 as though fully set forth herein. Officers Sheppard and Onofrios violent attack of October 6, 2006, in light of all objective surrounding circumstances, was completely unjustifiable.

99.

Presumably, Officers Sheppard and Onofrio came to arrest Oliphant in connection with a questionable complaint by Rhonda Dixon of a single alleged incident of domestic violence.

100.

Oliphant, however, was not with Rhonda Dixon on October 6, 2006, and had had no meaningful contact with her since September 24th, 2006 over twelve days prior. Officers Sheppard and Onofrio therefore could not have reasonably concluded that an immediate threat to Rhonda Dixons safety might exist, much less a threat justifying the brutal force they used against Oliphant.

101.

Furthermore, there was no suggestion that Oliphant might attempt to flee or otherwise fail to cooperate with police. To the contrary, Oliphant had repeatedly demonstrated his unambiguous desire to collaborate with police throughout the preceding weeks by: (a) calling 911 to summon police assistance to his home on September 25, 2006; (b) calling

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911 to summon police assistance to his home on September 26, 2006; (c) personally going to the New Haven Police Headquarters to seek police assistance on September 28, 2006; and (d) personally going to the New Haven Police Headquarters to seek police assistance twice on September 29, 2006. Officers Sheppard and Onofrio therefore could not have reasonably concluded that any risk of resistance or flight might exist, much less a threat justifying the brutal force they used against Oliphant. 102. Beyond the absence of any factor suggesting that any force whatsoever might have been reasonably warranted in approaching Oliphant, Officers Sheppard and Onofrio acted with brutality far exceeding all bounds of reason for any arrest by violently and repeatedly electrocuting and pistol-whipping Oliphant in the back of the head and neck while he lay face down against the ground with his wrists secured in handcuffs, completely immobilized. 103. By their actions of October 6, 2006, Officers Sheppard and Onofrio: (a) violated the Fourth Amendment to the United States Constitution; (b) violated Article First, Section Seven of the Connecticut Constitution; and (c) committed the common law tort of battery. 104. By their actions constituting these offenses, Officers Sheppard and Onofrio directly and immediately: (a) caused physical injuries to Oliphant which were sufficiently serious to require immediate emergency medical treatment; (b) caused serious psychiatric injury by triggering and severely aggravating Oliphants Post-Traumatic Stress Disorder; and (c) provoked the behaviors subsequently identified by Officers Sheppard and Onofrio as grounds to charge Oliphant with second degree threatening, second degree assault, assaulting public safety personnel, interfering with an officer, and carrying a dangerous

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weapon, and therefore directly caused the violation of Oliphants probation resulting in his six and one half year re-incarceration. COUNT 2 False Imprisonment and Excessive Force (against Robert Villano) 105. 106. Oliphant repeats paragraphs 1 through 104 as though fully set forth herein. Officer Villanos attempt to forcibly enter Oliphants house on September 25, 2006 by using Oliphants own keys and by violently kicking the door while yelling threatening profanities at and about Oliphant, in light of all objective surrounding circumstances, was completely unjustifiable. 107. At the time, Officer Villano had no warrant to either search Oliphants home or to arrest Oliphant. 108. Presumably, Officer Villanos interest in Oliphant arose from a questionable complaint by Rhonda Dixon of a single alleged incident of domestic violence. 109. Oliphant, however, was not with Rhonda Dixon on September 25, 2006. Indeed, upon information and belief, Rhonda Dixon had accompanied Officer Villano and the other Hamden officers that night and stood by at a distance as Officer Villano attempted to forcibly enter Oliphants house. 110. Officer Villano therefore could not have reasonably concluded that an immediate threat to Rhonda Dixons safety might exist, much less a threat justifying his attempt to forcibly enter Oliphants house and to cause property damage. 111. Under similar circumstances, any police officers use of comparably aggressive force to break open the door of a private home to gain access to its occupants while simultaneously yelling threatening profanities at and about its occupants would have

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caused any reasonable person within the private home to believe that he was not free to leave. 112. Oliphant, in fact, believed that he was trapped inside his house until Officer Villano eventually gave up and left. Indeed, Oliphant even called 911 and summoned more police officers to his house to protect him from Officer Villano. 113. By his actions of September 25, 2006, Officer Villano: (a) violated the Fourth Amendment to the United States Constitution; (b) violated Article First, Section Seven of the Connecticut Constitution; and (c) committed the common law torts of false imprisonment and trespass to chattels. 114. By his actions constituting these offenses, Officer Villano directly and immediately: (a) caused unreasonable property damage; and (b) caused serious psychiatric injury by triggering and severely aggravating Oliphants Post-Traumatic Stress Disorder. COUNT 3 Failure to Intervene (against Michael McNeil, Michael Sigmon, Ronald Glifort, Eric Goclowski, Michael Nawrocki, Robert ONeil, and Jason Venditto) 115. 116. Oliphant repeats paragraphs 1 through 114 as though fully set forth herein. Lieutenant McNeil, Sergeant Sigmon, and Officers Glifort, Goclowski, Nawrocki, ONeil, and Venditto accompanied Officer Villano to the back door of Oliphants home on September 25, 2006 and observed all of Officer Villanos actions without interceding. 117. The harms caused by Officer Villanos actions were completely preventable, and Lieutenant McNeil, Sergeant Sigmon, and Officers Glifort, Goclowski, Nawrocki, ONeil, and Venditto had a realistic opportunity to intervene to prevent their occurrence. 118. By failing to intercede, Lieutenant McNeil, Sergeant Sigmon, and Officers Glifort, Goclowski, Nawrocki, ONeil, and Venditto violated: (a) the Fourth Amendment to the

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United States Constitution; and (b) Article First, Section Seven of the Connecticut Constitution. COUNT 4 Unlawful Seizure and Deprivation of Procedural Due Process (against Robert Villano, Robert Levy, Clayton Howze, George Smith, Mark Sheppard and William Onofrio) 119. 120. Oliphant repeats paragraphs 1 through 118 as though fully set forth herein. On September 25, 2006, Officers Villano, Levy, Howze, and Smith, over Oliphants protests, caused his 1989 Pontiac Bonneville to be removed from the private driveway behind his home. 121. Similarly, on October 6, 2006, Officers Sheppard and Onofrio caused Oliphants rental car to be removed from the private driveway behind his home. 122. Oliphant was given no prior or subsequent opportunity to be heard with respect to these seizures and his resulting losses. 123. By their actions, Officers Villano, Levy, Howze, Smith, Sheppard and Onofrio: (a) violated the Fourth Amendment to the United States Constitution; (b) violated the Fourteenth Amendment to the United States Constitution; (c) violated Article First, Section Seven of the Connecticut Constitution; and (d) committed the common law tort of conversion. COUNT 5 Assault (against Rhonda Dixon, Deedra Dixon, Marc Dixon, Anthony Dixon, Timothy Dixon, and Robert Villano) 124. 125. Oliphant repeats paragraphs 1 through 123 as though fully set forth herein. On September 24, 2006, the Dixons attempted to enter Oliphants house, attempted to lure Oliphant to emerge from his house, and threatened to physically attack Oliphant.

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126.

On September 26, 2006, the Dixons again loudly and aggressively threatened to physically attack and kill Oliphant, which caused Oliphant to call 911 and summon police to his house to protect him from the Dixons.

127.

Similarly, on September 25, 2006, Officer Villano aggressively attempted to forcibly enter Oliphants house and threatened Oliphant, which caused Oliphant to call 911 and summon more police officers to his house to protect him from Officer Villano.

128.

By their actions, the Dixons and Officer Villano committed the common law tort of assault.

129.

By their actions constituting this offense, the Dixons and Officer Villano directly and immediately caused serious psychiatric injury by triggering and severely aggravating Oliphants Post-Traumatic Stress Disorder. COUNT 6 Infliction of Emotional Distress (against Rhonda Dixon, Deedra Dixon, Marc Dixon, Anthony Dixon, Timothy Dixon, Robert Villano, Mark Sheppard, and William Onofrio)

130. 131.

Oliphant repeats paragraphs 1 through 129 as though fully set forth herein. On September 24, 2006, the Dixons attempted to enter Oliphants house, attempted to lure Oliphant to emerge from his house, and threatened to physically attack Oliphant.

132.

On September 26, 2006, the Dixons again loudly and aggressively threatened to physically attack and kill Oliphant.

133.

On September 25, 2006, Officer Villano aggressively attempted to forcibly enter Oliphants house and threatened Oliphant.

134.

On October 6, 2006, Officers Sheppard and Onofrio violently and unexpectedly attacked Oliphant.

135.

These outrageous actions, in and of themselves, establish that the Dixons and Officers

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Villano, Sheppard, and Onofrio intended to inflict severe emotional distress. 136. The Dixons and Officers Villano, Sheppard, and Onofrio should have known that these outrageous actions would likely produce severe emotional distress. 137. Alternatively, the Dixons and Officers Villano, Sheppard, and Onofrio should have realized that their actions involved an unreasonable risk of causing Oliphant emotional distress that might manifest as psychiatric illness or harm. 138. As a direct and immediate result of these actions, Oliphant suffered severe emotional distress amounting to serious psychiatric injury, which subsequently required mental health treatment and housing in a correctional facility specializing in care and treatment of individuals with significant mental health issues. 139. By their actions, the Dixons and Officers Villano, Sheppard, and Onofrio committed the common law tort of intentional infliction of emotional distress or, in the alternative, of negligent infliction of emotional distress. PRAYER FOR RELIEF WHEREFORE, Oliphant respectfully requests the following relief: A. B. C. D. E. Compensatory damages, punitive damages, interest, costs and reasonable fees, and any other relief as the Court may deem appropriate. Oliphant requests a trial by jury.

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Dated at Glastonbury, Connecticut, this 30th day of April 2012.

THE PLAINTIFF, ANTHONY W. OLIPHANT

By: Dennis O. Brown (ct04598) Semi Kandil (ct28665) Gordon & Rees LLP 95 Glastonbury Boulevard Glastonbury, CT 06033 Tel: (860) 278-7448 Fax: (860) 560-0185 dbrown@gordonrees.com skandil@gordonrees.com

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CERTIFICATION OF SERVICE I hereby certify that on April 30, 2012, the foregoing was electronically filed and served by mail on anyone unable to receive notice of electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Courts electronic filing system or by mail to anyone unable to receive notice of electronic filing as indicated in the Notice of Electronic Filing. Parties may access this document through the Courts CM/ECF System.

Semi Kandil

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