UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF MASSACHUSETTS

  ___________________________________ ) DAISY L. MORALES, ) ) Plaintiff, ) ) v. ) ) ) JAMES POWERS and CITY OF WORCESTER ) ) Defendants. )

___________________________________ )

COMPLAINT

For her Complaint against James Powers and the City of Worcester, Plaintiff Daisy L. Morales states as follows:

I. Introduction

This action seeks compensation for defendants’ violations of plaintiff’s

 constitutional rights and various state law causes of action. In summary, Daisy L. Morales seeks to recover for the vicious beating and unwarranted arrest levied against her at the hands of the named defendants. The individual defendant mercilessly beat Ms.

Morales at her home simply to “teach her a lesson” for questioning his police authority.

At the time of the beating, the individual defendant was acting under color of state law in his capacity as a Police Officer for the City of Worcester, Massachusetts. The beating inflicted upon Ms. Morales, a diminutive grandmother, left her with life-threatening,  permanent injuries which have required extensive surgical procedures and ongoing  physical therapy treatment. To add insult to injury, and in a failed attempt to justify his

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 2 actions, the individual defendant brought false charges of disturbing the peace, keeping a disorderly house and resisting arrest against Ms. Morales. She was acquitted of each of these false charges. Ms. Morales seeks all compensation to which she is entitled at law and in equity for the damages she has sustained

II. Parties

1.

 

Plaintiff

Daisy L. Morales (“Ms. Morales”) is a citizen of the United States of

America with a primary residence in Worcester, Massachusetts. 2.

 

Upon information and belief, Defendant James Powers

(“Officer

Powers

”) is a

citizen of the United States of America and, at all times relevant to this Complaint, was a member of the City of Worcester Police Department located in Worcester, Massachusetts. 3.

 

Upon information and belief, Defendant City of Worcester is a city incorporated under the laws of the Commonwealth of Massachusetts and employed the named defendant at all times relevant to the allegations in this Complaint.

III. Jurisdiction and Venue

4.

 

This Court has jurisdiction over this matter pursuant to 28 U.S.C. §1343 (a)(3), 28 U.S.C. §1331 and 28 U.S.C. §1367. 5.

 

Venue is appropriate in this Court because the Plaintiff and all Defendants live or work within the County of Worcester in the District of Massachusetts, Central District.

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 3

IV. Facts Common To All Counts

6.

 

At the time of the incidents set forth in this Complaint, Ms. Morales was a petite, sixty-plus year old grandmother with several chronic health issues, including asthma, heart problems, diabetes, hypercalcemia, and leukocytosis. 7.

 

At times relevant to the incidents set forth in this Complaint, Officer Powers was a fit, strong veteran of the Worcester Police Department. 8.

 

On the morning of February 25, 2013, Officer Powers was dispatched to Ms. Morale

s’s home – 

 purportedly to investigate a disturbance at the residence. 9.

 

There had been no disturbance. Ms. Morales invited Officer Powers in and he confirmed that there was no disturbance. 10.

 

Officer Powers came to the home a second time about one-half hour later, again stating he was investigating a

“

disturbance.

”

 Again, he was invited into Ms. Morales

’

s home and confirmed that there had been no disturbance. 11.

 

Officer Powers, accompanied by other officers, appeared at Ms. Morales

’

s home a third time a short time later. 12.

 

Officer Powers knocked on the door. When the door was opened, Officer Powers  barged in without permission. 13.

 

Officer Powers was agitated because he claimed that there had been multiple calls regarding this apartment and a supposed disturbance occurring therein. 14.

 

Ms. Morales tried again to explain that everything was fine and that no fighting or other disturbance had taken place in the apartment. 15.

 

In anger, Officer Powers turned toward Ms. Morales and shouted:

“

Shut the Fu

 — 

up!

”

 

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