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Tompkins v. Gulick Complaint

Tompkins v. Gulick Complaint

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Published by Republican-American
A Waterbury police officer files suit against a prosecutor, saying he abused his power, trumped up charges against him and had an affair with his ex-wife.
A Waterbury police officer files suit against a prosecutor, saying he abused his power, trumped up charges against him and had an affair with his ex-wife.

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Published by: Republican-American on Aug 05, 2010
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08/04/2010

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UNITED STATES DISTRICT COURTDISTRICT OF CONNECTICUTRONALD W. TOMPKINS:VS.:CIVIL ACTION NO.DAVID GULICK:JULY 26, 2010
C O M P L A I N T
1. This is an action to redress the deprivation of rights secured to theplaintiff 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 Sections1331, 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 inWaterbury, Connecticut, where he is and for several years has been a policeofficer.4. The defendant is an adult citizen of the United States who resides inWolcott, Connecticut. He is, and at all times mentioned herein was, an AssistantState’s Attorney assigned to prosecute criminal cases in the Connecticut
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Case 3:10-cv-01169-WWE Document 1 Filed 07/27/10 Page 1 of 6
 
Superior Court at Waterbury. He is sued only in his individual capacity.5. During all times mentioned in this Complaint, the defendant was actingunder color of law, that is, under color of the constitution, statutes, laws, rules,regulations, customs and usages of the State of Connecticut.6. During some of the events mentioned in this Complaint, the defendantacted jointly and in concert with Don Therkildsen, another Assistant State’s Attorney prosecuting criminal cases in the Connecticut Superior Court atWaterbury, who is a close friend of the defendant and resides less than 1,150feet from the defendant’s house in Wolcott, Connecticut.7. Sometime prior to April, 2007, the defendant began a sexual affair withthe plaintiff’s wife, Cheryl Tompkins. That affair continues to the present time.8. On or about May 21, 2008, Cheryl Tompkins initiated a divorce actionagainst the defendant in which, among other things, she sought custody of their minor children.9. On or about May 21, 2008, concomitantly with the initiation of thedivorce proceedings, and for the purpose of facilitating such proceedings, CherylTompkins caused the defendant to be arrested by Wolcott police on allegationsof domestic violence.10. The Deputy Chief of the Wolcott Police Department, on May 21,2008, was the father of the aforesaid Don Therkildsen and resided with him less
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than 1,150 feet from the defendant’s house in Wolcott, Connecticut.11. Although the plaintiff was a Waterbury police officer with no criminalrecord, the aforesaid Deputy Chief of the Wolcott Police Department caused abond in the exorbitant sum of $50,000 to be placed on the plaintiff at WolcottPolice Headquarters. Upon information and belief, such action was taken for thebenefit of the defendant in order to facilitate his adulterous relationship with theplaintiff’s wife.12. The criminal charges against the plaintiff remained pending in theSuperior Court at Waterbury until they were dismissed on June 29, 2009.13. On June 11, 2009, the plaintiff and his wife were divorced.14. Throughout the time that the plaintiff’s criminal prosecution waspending in court, the defendant secretly orchestrated the prosecution and usedhis influence as a prosecutor to cause the case to be prosecuted in a manner which would make reconciliation between the plaintiff and his wife impossibleand interfere with the plaintiff’s ability to have visitations or a normal parentalrelationship with his minor children.15. Although many prosecutors were employed in the Office of theState’s Attorney at Waterbury during the time the plaintiff’s case was pending inthat court, the defendant arranged that his close friend, Assistant State’s Attorney Therkildsen, would handle the prosecution at all times. Thus,
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