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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ******************************************************* FELIPE RODRIGUEZ

V.
CITY OF WEST HAVEN, OFFICER WILLIAM CICCOSANTI AND OFFICER WILLIAM OAKLEY, in their individual capacities *******************************************************

* * CIVIL NO. 3:08CVD0089 (AWT) * * * * * * MAY 13, 2008

SECOND AMENDED COMPLAINT 1. This is an action for money damages to redress the deprivation by the

defendant and co-defendants of rights secured to the plaintiff by the constitution and laws of the United States and the State of Connecticut The defendant and co-

defendants, without probable cause, unlawfully detained, searched, harassed, accused, arrested, charged and falsely made statements against the plaintiff. 2. Jurisdiction of this Court is invoked under the provisions of §§1331

and 1343(3) of Title 28 and Sees. 1983 and 1988 of Title 42 of the United States Code, and of the pendent jurisdiction of this Court with respect to other causes of action available under state law. 3. During all times mentioned in this complaint the plaintiff was and still

is a resident of the United States residing in New Haven, Connecticut and is of full age, and is Hispanic of race. 4. During all times mentioned in this complaint, the defendant, the City

of West Haven, was and is a municipal corporation duly chartered as such under the laws of the State of Connecticut.

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2 5. At all times mentioned, the co-defendant, William Ciccosanti, was a

police officer employed by the defendant, the West Haven Police Department and was the responding officer on duty at the time of the incident. Ciccosanti is Caucasian of race and white of color and individual capacity. 6. At all times mentioned, the co-defendant, William Oakley, was a Co-defendant

is being sued· in his

police officer employed by the defendant, the West Haven Police Department and was the responding officer on duty at the time of the incident. Co-defendant Oakley is Caucasian of race and white of color and is being sued in his individual capacity. 7. On or about October 13,2005, the plaintiff was knowingly, yet

wrongfully arrested by the defendants for Breach of Peace in the Second Degree, Threatening in the Second Degree and Reckless Endangerment in the Second Degree. 8. Just prior to his arrest on the aforementioned date, the plaintiff's

neighbor, Anthony Clarke, was verbally challenging the plaintiff about where his car was parked. It should be noted that plaintiff's vehicle was legally parked on a

public street, but which happened to be in front of Mr. Clarke's residence. 9. Plaintiff was thereafter arrested by the defendant and co-defendants

for alleged brandishing a weapon, which the plaintiff, in point of fact, never removed from the secure location he had it within his home. 10. 11. The plaintiff had a valid Connectlcut gun permit for SAkI weapon, In December of 2006, a nolle was entered as to the all of the false

charges brought against plaintiff by the defendant and co-defendants.

3

12.

Plaintiff was thereafter forced to hire a lawyer and defend himself

against completely false and unfounded charges. 13. During aI/ times mentioned in this complaint, the defendant and

co-defendants acted under color and pretense of law and engaged in the improper and illegal conduct as aforedescribed, causing severe injury to the plaintiff, and in the process of depriving the plaintiff of the right, privileges and immunities secured to him by the Fourth and Fourteenth Amendments of the United States Constitution, aswell as the laws of the United States. 14. The acts and omissions of the defendant and co-defendants

hereinafter described constituted a deprivation of the plaintiffs constitutional rights, privileges and immunities, and while these acts were carried out under color of law, they had no justification or excuse in Jaw, and were instead gratuitous, illegal, improper and totally unrelated to any activity in which the municipal law enforcement officers should have appropriately and legally engaged in the course of protecting persons or property or insuring civil order. 15. In the manner described herein, the defendant the City of West

Haven, which has a history, pattern and practice of depriving Hispanics and other minorities of their rights, maintained and condoned a custom of depriving individuals, such as the plaintiff, of their constitutional rights, through its traditions, policies, ordinances, regulations and decisions officially adopted and promulgated by and through the department. 16. The defendant and co-defendants deprived the plaintiff of his right to

be free from warrantless arrest, arrest without probable cause, unreasonable arrest

4 and malicious prosecution. provisions of the Fourth All these rights are secured to the plaintiff by the and Fourteenth Amendments to the United States

Constitution and Title 42 of the United States Code, Section 1983 and 1988; and the State of Connecticut, Art. 1, Sections 1 and 7 respectively". 17. In the manner herein described, all of the aforementioned defendant and

co-defendants subjected the plaintiff to false arrest, unreasonable detention, denial of substantive due process of law, and denial of equal protection under law. All these rights are secured to the plaintiff by the provisions of the Fourth and Fourteenth Amendments to the United States Constitution and by Title 42 of the Un ited States Code

§§19"83

and 1988 and State of Connecticut, Article 1, Sections 1 and 7 respectively.

COUNT TWO: 1-15. Paragraphs 1 through 15 of the First Count are hereby incorporated by reference and made Paragraphs 1 through 15 of the Second Count, as if fully set forth herein. 16. The defendant, through its agents, servants and/or employees, subjected the plaintiffs accusations, such. 17. In addition, the aforementioned defendant, through the aforedescribed person to false arrest based upon blatantly which, upon a thorough investigation, false and baseless

would have been decreed as

extreme and outrageous acts of its agents, servants and/or employees, along with the individual co-defendants, were responsible for causing the intentional infliction

5 of emotional distress upon the plaintiff as they knew, or should have known, or should have reasonably detaining, charging, anticipated that their actions, in wrongfully accusing,

arresting,

incarcerating

and subjecting

the plaintiff to the

criminal justice system as an accused criminal, would cause him to suffer severe emotional, psychological, as well as physical harm to his person.

COUNT THREE: 1-15. Paragraphs 1 through 15 of the First Count are hereby incorporated

by reference and made Paragraphs 1 through 15 of the Third Count, as if fully set forth herein. 16. In addition, said aforementioned defendant through the aforedescribed

acts of its agents, servants and/or employees, along with each of the individual codefendants, were responsible for causing the negligent infliction of emotional

distress upon the plaintiff as they knew, or in the exercise of reasonable care should well have known, that their actions in wrongfully and publicly accusing, detaining, assaulting, charging, arresting. incarcerating and subjecting the plaintiff to the

criminal justice system as an accused criminal would and did cause him to suffer seVere emotional, psychological, as well as physical harm to his person.

COUNT FOUR: 1-15. Paragraphs 1 through 15 of the First Count are hereby incorporated

by reference and made Paragraphs 1 through 15 of the Fourth Count, as if fully set
forth herein.

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6 16. The charges were issued against the plaintiff by the State's

Attorney's office because of the direct request of the individual co-defendants. 17. The multiple charges of criminal conduct which were brought

against the plaintiff were done so without any probable cause whatsoever. 18. As there was no legal basis to establish probable cause for the charges, the individual co-

arrest of the plaintiff with respect to the aforementioned defendants' actions were malicious in nature. 19. co-defendants

In light of the aforedescribed

conduct, the actions of the individual

constituted the tort of malicious prosecution.

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WHEREFORE, in light of all of the foregoing, the plaintiff claims judgment against the defendant and co-defendants jointly and severely as follows: a. Compensatory damages in an amount this Court shall consider just and reasonable; b. Punitive damages against the defendants and co-defendants in an amount this Court shall consider to be just and reasonable. c. Attorney's fees and reimbursement of the costs related to the bringing of this action; d. Such other relief as this Court shall consider to be fair and equitable. PLAINTIFF, FELIPE RODRIGUEZ

By:__

\s\. _ Marc L. Glenn Law Office of W. Martyn Philpot, Jr., LLC 409 Orange Street New Haven, CT 06511 Tel. No. (203) 624-4666 Federal Bar No. ct21369 His Attorneys

The plaintiff hereby respectfully requests that this matter be heard by a jury.

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CERTIFICATION I hereby certify that on this 13th day of May, 2008, a copy of the foregoing Plaintiff's Second Amended Complaint was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be-sent by email to all parties by operation of the court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the court's CM/ECF System.

____ \s\ Marc L. Glenn

_

\dscrimlfelipe rodrlguezlamendedcomplalnt

MAR-06-2008

TO:203 357 7915

Pag.t 1012

DEPARTMENT OF POLICE SERVICES Wm Haven. ConnecUcut 0tl51$

INCIDENT REPORT

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MAR-06-2008

11:49 FROM:

TO:203 357 7915

P.3/9

DEPARTIWENTOFPOLWESERWCES
Paga20f2

West I-fllVfJn. Connectl¢m

06518

I 8I&l(IM to r . :~ .:..•::::.;;:., n'Kiu6$ted sha brfng me to hef hwtl)$iltlds gun. :__ B Invited nM Into hol' hOma and 11K! to : and .":;~::. me lb. OOdroQm wh",", aft. o,penll(l th. bottom drawor whoJ'G I obht'l$d a SIlvar handgun with .. woOd handle. I rumov$<l the. wvapon from fhQ drawsr and mad!il H snfo b:f rvroovrng thQ .Ix rounds from ilia batmf. I «um .palco wnh ,Anthony Clluice whl) was now ablo to pro .... mo wUh all detalfil: tJfttlf:!I hl(:lwmt WhJc:h hAA occurred, Gr~rkQ lda Irl:aWd h. hlld come homo from a tOp to tha casIno with hla f'llmlfywhen he pulf&d to Ill.#.hQIll(l ~nd o~lVliI<f lito vohll;:l" ownlXt tly tho RQ(lrfglJlIZ'li parked In lront of hf# home p(IJ1faJly bJ~kIng fIls drtvoway. Clari<e tltattd he WIilQd to th~ neighbors hom. and Jrnoelu:u;f on the do.of. Ctqrlco afatod F&II~ ftodrlQU9.t came to tOI;l door. whuro hili asked ROdi'fguez to move tho VlilhIcl" to, allow 3CC9P to hfs. dttveway, Qlarkl atatod a Wtlrbalargumunt ensued ~twoon thllt pah', and Rodrlsu~ stilted" I am tired 1)1 YQU nlggel'to" an~ tumGd back: Into tho hol'M. Cla.rlcIJ atatQd Rodrlgu~ thon rotumad to th1I front pon;;:h whGr. h~ Utmi hll,!.$hJrt on tf1, rlght $I~ and pulled .. sll"ar handgun with a light wood ¢.Oroted hsndll1' and bog;!!n wavIng ft towards CI.lub. (:lm41 scallld for hI. life ae: wall ..s hI. famlfy that was IStalldlng flfty fHt away. I'QlnIatCld back to hi. home and caned 911. Clllrka ,tabid h II fookCld from hIs.window and obse~ Rodriguez gQ I;mck Insid. the hOme,. Ctarko provided mt ",ltIt a sworn wrfttan statamont of tJlIIllm:Jdent whIch had occUrred. f .sPOk8wIth FoUpORqdrlguez who statod h$ Wll$ at home wh.n he heard a knock at hi .. door and recognl;wd hla nalghbor Anthony Cfark4itstanding btl hr,. parch. Rodriguez stated Clark$ beg~ ;lrgulng with hili abQut (h& 100000'n hhl vbhlcl& Wat plU'J(ed In. RlXfrlgURstatod hoQl b$lIevad Crark. WM ~nli1 to harm him and went to hr. biHf~m ttl 1'trlti&'VV hI. weapon. RO<Irlgu~ s.tItUKI he calllG to the porch and. continued to have a vorbal argumol'lt "ut nav ..r dI,played hl$ w<tapoo. I ~d\t13Ild R(ldrlgull>~he WafI; undlu <l1"I'8$t.. RodrfQUDZ was thiln transportod to Wast Haven pone» DlilparUnQnt wh9rQ he wa. fQ~ly (.h~ with l'?:ljIl;;kJeu and EMangamNJnt In ttl. SecOnd Dog...,. 5.3a~ 'i'hntllblnlrt" 111ttl. ~nd OOilrH 5311:--62and Braltch OJ p~ 531;1-11;11. The plstof 801M<! was delJtrlbed " a Silver Rug6lr PolI(:Q 51lrvlC(J SIx .357 MagmA," Callbar with light woad hand!_, containing $Ix WfnchHter .3S7 rounds, readY tQ be fired. sorlaJ num~r 158·68808, Whlcll W", IcggCld Into eVidence tn tho Weat Haven Polle9 DepllJimGnt ProPtrty R~m. Also solz'&d from Fell~ ROdriguez was a Cotlnaetlcut Stam Platol Permit (P('Innlt NLJmbQr 918e.zS), whIch wfll be l'Innt t(> the state Pistol P!)rmlt agenCY for nwlaw.

On 1011312005 ~320 hotA"' f at dlapmclMd to '_'.' Adm'raJ $trvet, en the report Qf .. Nolghbor DI.pute, with a handgun dl>apla)'ed, I,IPQnartIYaJ I Wali rrIIIf at the litnd of Admiral $~ by the complaint ant Anthony Clarka who .fated he had an argument wIth his neighbor. latet known to n'II) ,. ~lJpe Rodrfgu~ who displayed « hj1ndgun and began wavIng It at hIm. Clarice stated the Hfspanfc Jmlkt wearlng ttl, wtllie shirt (Illd black hat ran Into·' . $tnat. I kltooked en th* door 121 AdmlraJ StrAte. and was mat by II ftnrtal. lawr knQWI1 as r ..' ;2' .., Thm thfil oP'1n dMr I observed the HI.panl" mal9 (;lsrfut had delofllNldlo nl9. w.\llklng toward. the frQnt ~Qor, I ordored the mal. to stop, whIch h." complied. I then handcoffed the mllift for Oflfc:ar Bafuty and .. ked If h. had anyweJ;lpon. on him. r wu advfaed by: _'"" and th~ malo I'II)Wknown all Fullpe that f'sllpo was not ~nylng a W'eaponJ It Will In tho dl'&Wer In his ~l'QI;Irn. At thh" tim", ;~_ ",tatad to !'nil htr hu.band has a Ct .tato pertnlt for UI. WQapoI'I. Fullpe Wat- plac4KS Into th. roar of a patrcl unit bY'OmC6r Oakrey.

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INCIDENT REPORT

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