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Case 3:08-cv-01606-RNC Document 23

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

STEPHEN ALBERINO NICHOLAS ALBERINO Plaintiffs,

: CIVIL ACTION NO. 3:08cv1606 (RNC) : : : : VS. : : HAMDEN POLICE OFFICERS: : WILLIAM C. ONOFRIO : ANGELO DELIETO : MICHAEL DEPALMA : DEDRIC JONES : MARK SHEPPARD : MICHAEL MELLO : Defendants. : APRIL 1, 2010

SECOND AMENDED COMPLAINT


INTRODUCTION This is an action for money damages to redress the deprivation by the defendants of rights secured to the plaintiff by the Constitution and laws of the United States and the State of Connecticut. In the evening hours of October 16, 2007, the plaintiffs were in their home when they were brutally assaulted by a group of Hamden police officers.

JURISDICTION

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Jurisdiction of this Court is invoked under the provisions of 1331, 1343(3) and 1367(a) of Title 28 and 1983 and 1988 of Title 42 of the United States Code, and under the pendent jurisdiction of this court with respect to the causes of action arising under state law.

COUNT ONE (Unreasonable force-Stephen Alberino) 1. During all times mentioned in this Complaint, the plaintiff STEPHEN ALBERINO was, and still is, an adult citizen of the United States residing in Hamden, Connecticut. 2. During all times mentioned in this Complaint, all individually named defendants were duly appointed officers in the Police Department of the Town of Hamden, Connecticut, acting in their official capacities. They are sued, however, in their individual capacities. 3. During all times mentioned in this Complaint, the defendants were acting under color of law, that is, under color of the Constitution, statutes, laws, charter, ordinances, rules, regulations, customs and usages of the State of Connecticut and the Town of Hamden. 4. The individually named defendants, and each of them, performed all the herein alleged acts for and in the name of the Town of Hamden. 5. The Hamden Police Department (Police Department) was and is an agency of Defendant Town of Hamden.

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6. At all times mentioned in this Complaint, the individually named defendants acted jointly and in concert with each other. Each defendant had the duty and the opportunity to protect the plaintiff from the unlawful actions of the other defendants, but each defendant failed and refused to perform such duty, thereby proximately causing the plaintiff's injuries. 7. In the evening hours of October 16, 2007, plaintiff STEPHEN ALBERINO was in his home located at 29 Glenbrook Avenue in Hamden, Connecticut. 8. In addition to plaintiff STEPHEN ALBERINO, also present were plaintiff NICHOLAS ALBERINO, Nancy Alberino, and Kayla Plouffe. 9. On the evening of October 16, 2007 at approximately six p.m. defendant Officer WILLIAM C. ONOFRIO, JR. (Badge Number 0078) and defendant Officer ANGELO DELIETO (BADGE 0035) descended upon 29 Glenbrook Avenue, forced open the front door and made entry into plaintiff ALBERINOs home. 10. On the evening of October 16, 2007 shortly after defendants ONOFRIO, JR. and DELIETO entered 29 Glenbrook Avenue, defendants Officer MICHAEL DEPALMA (BADGE 0066), Officer DEDRIC JONES (BADGE 0013), Officer MARK SHEPPARD (BADGE 0087) entered 29 Glenbrook Avenue, followed shortly thereafter by defendant Officer MICHAEL MELLO (BADGE 0076).

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11. The six named defendants were attempting to serve a misdemeanor warrant on plaintiff STEPHEN ALBERINO at the time of their entry into plaintiff STEPHEN ALBERINOs home. 12. Upon their entry into plaintiff STEPEHN ALBERINOs home, plaintiff STEPHEN ALBERINO, was immediately grabbed by defendant ONOFRIO and taken down to the floor of the residence whereupon he assumed the prone position to comply with the demand of the intruding defendant officers. 13. Plaintiff STEPHEN ALBERINO had handcuffs applied to one his wrists by defendants ONOFRIO and DILIETO as he remained lying in the prone position on the floor. 14. Defendants ONOFRIO and DILIETO, while plaintiff STEPHEN ALBERINO was lying on the floor of 29 Glenbrook Avenue, proceeded to bend back the fingers of his hand and repeatedly punch plaintiff STEPHEN ALBERINO about the head before applying the handcuffs to his other hand. 15. While plaintiff STEPHEN ALBERINO was lying handcuffed on the floor of 29 Glenbrook Avenue, defendant SHEPARD kicked and punched plaintiff STEPHEN ALBERINO in the head and spit in his face as defendants ONOFRIO and DILIETO continued their assault on him. 16. Nancy Alberino and plaintiff NICHOLAS ALBERINO pleaded with defendant police officers to stop the brutal beating of plaintiff STEPHEN ALBERINO. 17. The defendant police officers proceeded to handcuff and brutally beat, punch, and kick plaintiff NICHOLAS ALBERINO.

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18. The defendant officers noticed that witness Kayla Plouffe was recording their unlawful conduct on her cell phone and seized said phone and destroyed her phone at the scene of their unlawful conduct. 19. In the manner described herein, the defendants acted both maliciously and with reckless disregard of the plaintiffs constitutional rights. 20. The acts and omissions of said defendants, including but not limited to, the use of excessive force, constituted unreasonable and unnecessary force which violated rights secured to the plaintiff by the Fourth, Fifth and Fourteenth Amendments to the United States Constitution in violation of U.S.C. 1983. 21. As a direct and proximate result of the acts and omissions of the defendants herein described, the plaintiff STEPHEN ALBERINO suffered extensive and serious medical injuries, including but not limited to, swelling and pain to his head, neck and shoulder, bruising to his body, headaches, sleeplessness, loss of appetite, and general debility; some or all of these injuries may be permanent in nature. 22. As a further direct and proximate result of the acts and omissions of the defendants herein described, the plaintiff STEPHEN ALBERINO has undergone medical testing and treatment; he has also suffered great physical and emotional pain, fear, and anguish; he has lost the ability to enjoy life in the manner customary for him; and in addition he has suffered the loss of all the constitutional rights described herein.

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COUNT TWO (Unreasonable Force-Nicholas Alberino) 1. During all times mentioned in this Complaint, the plaintiff NICHOLAS ALBERINO was a minor, now an adult, citizen of the United States residing in Hamden, Connecticut. 2-20. Plaintiffs reallege and incorporate herein the allegations contained in Paragraphs 2 through 20 of the Count One of the Complaint. 21. As a direct and proximate result of the acts and omissions of the defendants herein described, the plaintiff NICHOLAS ALBERINO suffered extensive and serious medical injuries, including swelling and pain to his head and ribs, lacerations, scarring, headaches, sleeplessness, and anxiety; some or all of these injuries may be permanent in nature. 22. As a further direct and proximate result of the acts and omissions of the defendants herein described, the plaintiff NICHOLAS ALBERINO has undergone medical testing and treatment; he has also suffered great physical and emotional pain, fear, and anguish; he has lost the ability to enjoy life in the manner customary for him; and in addition he has suffered the loss of all the constitutional rights described herein.

WHEREFORE, the plaintiffs claim judgment against the defendants and each of them, jointly and severally as follows: A. Compensatory damages in an amount this Court shall consider to be just and fair;

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B. Punitive damages in an amount this Court shall consider to be just and fair; C. Attorney fees and the cost of this action; D. Such other relief as this Court shall consider to be fair and equitable.

THE PLAINTIFF

BY_/s/ GLENN M. CONWAY____________ Glenn M. Conway Federal Bar No.17946 Knight, Conway & Cerritelli, LLC 7 Elm St. New Haven, CT 06510 (203) 624-6115

CERTIFICATION Scott M. Karsten, Esq. Federal Bar No. ct05277 Karsten, Dorman & Tallberg, LLC 8 Lowell Road West Hartford, CT 06119

/s/ Glenn M. Conway Glenn M. Conway