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Complaint against City of Holyoke and Paul Barkyoumb

Complaint against City of Holyoke and Paul Barkyoumb

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Published by masslive

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Published by: masslive on Sep 24, 2012
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09/24/2012

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UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS – WESTERN SECTIONCIVIL ACTION NO.)MICHELLE CRUZ, )PLAINTIFF ))V. ) CIVIL COMPLAINT) JURY TRIAL DEMANDCITY OF HOLYOKE, HOLYOKE POLICE )DEPARTMENT, LIEUTENANT )DAVID PRATT, DETECTIVE PAUL )BARKYOUMB, DETECTIVE BRIAN DUKE, )DETECTIVE ANTHONY BRACH, )DEFENDANTS ))NATURE OF ACTION
1. Through this action, Plaintiff, Michelle Cruz (hereinafter "Ms. Cruz") seeksdamages for personal injuries suffered as a result of the conduct of the Holyoke PoliceDepartment. Plaintiff asserts federal and state civil rights claims against the HolyokePolice Department, Detective Paul Barkyoumb, Detective Brian Duke, DetectiveAnthony Brach, and Lieutenant David Pratt and their employer, the City of Holyoke,under the Massachusetts Tort Claim Act, Massachusetts General Law, chapter 258,section 4, and under 42 United States Code, section 1983 pursuant to
 Monnell v.Department of Social Services
, 436 U.S. 658 (U.S. 1978). These claims arise from thecriminal harassment and stalking of Ms. Cruz suffered at the hands Officer PaulBarkyoumb and other Officers of the City of Holyoke Police Department.
 JURISDICTION
Case 3:12-cv-30159-KPN Document 1-3 Filed 09/11/12 Page 1 of 27
 
2. This action is brought pursuant to 42 U.S.C. § 1983 and to the Fourth andFourteenth Amendments to the United States Constitution. Jurisdiction is foundedupon 28 U.S.C. §§ 1331 and 1343 as well as the aforementioned statutory provisions.Plaintiff invokes the pendant jurisdiction of this Court to hear and to decide state claimsarising under M.G.L. c. 258 § 4 (Massachusetts Tort Claims Act), and the decisional lawof the Commonwealth of Massachusetts.
PARTIES
3. Plaintiff, Michelle Cruz (hereinafter "Ms. Cruz"), is a citizen of the UnitedStates residing in Hampshire County and at all times material to this case was a residentof 27 Hillside Road, Southampton, Massachusetts and South Hadley, MA.4. Defendant Paul Barkyoumb was at all times material to this case a dulyappointed police officer of the Holyoke Police Department in the City of Holyoke,Massachusetts with and address of 138 Appleton Street, Holyoke, MA 01040.5. Defendant Brian Duke was at all times material to this case a dulyappointed police officer of the Holyoke Police Department in the City of Holyoke,Massachusetts with and address of 138 Appleton Street, Holyoke, MA 01040.6. Defendant Anthony Brach was at all times material to this case a dulyappointed police officer of the Holyoke Police Department in the City of Holyoke,Massachusetts with and address of 138 Appleton Street, Holyoke, MA 01040.
a. Supervisory Defendant
7. Defendant
 
Lieutenant David Pratt is employed by the Holyoke PoliceDepartment and was at all times material to this case a duly appointed police lieutenant
Case 3:12-cv-30159-KPN Document 1-3 Filed 09/11/12 Page 2 of 27
 
of the Holyoke Police Department in the City of Holyoke, Massachusetts with andaddress of 138 Appleton Street, Holyoke, MA 01040 and Officer Paul Barkyoumb’sdirect supervisor.8. Defendant, City of Holyoke, is a municipality duly incorporated under thelaws of the Commonwealth of Massachusetts, which employs or employed theDefendant Officers.9. Each of these Defendants named herein are sued in both their individualand official capacity.10. The acts and omissions of Defendants were taken or occurred under colorof the laws of the Commonwealth of Massachusetts and the City of Holyoke.
FACTS
11. Ms. Cruz, initially met Officer Paul Barkyoumb of the Holyoke PoliceDepartment in February of 2007.12. In April 2007 Ms. Cruz began a two year relationship with Mr.Barkyoumb.13. In November of 2007 Ms. Cruz and Mr. Barkyoumb bought a hometogether at 27 Hillside Road, Southampton, Massachusetts. As soon as they moved intogether the relationship between Ms. Cruz and Mr. Barkyoumb immediately began totake a troubling turn. Mr. Barkyoumb became more controlling of Ms. Cruz and becameextremely jealous.
Case 3:12-cv-30159-KPN Document 1-3 Filed 09/11/12 Page 3 of 27

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