ochoa lawsuit
DESCRIPTION
Ochoa Lawsuit (West Haven)TRANSCRIPT
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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
………………………………………………………. OSCAR E. OCHOA, FABRICIANO FALCON, : ANA B. FALCON(INDIVIDUALLY), ANA B. : FALCON P/P/A LORENZO LAURIA : Plaintiffs : CIVIL ACTION NO. v. : : CITY OF WEST HAVEN, OFFICER JOHN DOE I : OFFICER JOHN DOE II : Defendant : DECEMBER 28, 2007 ……………………………………………………… :
COMPLAINT
FIRST COUNT: (DEFENDANTS TOWN OF WEST HAVEN, OFFICER JOHN DOE I AND OFFICER JOHN DOE II AS TO THE PLAINTIFF OSCAR E. OCHOA)
1. At all times relevant to this action, the plaintiff was a resident of the City
of West Haven.
2. The defendant City of West Haven is a municipal corporation with the
state of Connecticut and at all times relevant hereto, employed the defendant
officer(s).
3. At all times relevant hereto defendant(s) Officer John Doe I and Officer
John Doe II police officers of the police department of the city of West Haven and
at all times mentioned was acting in such capacity as the agent, servant, and
employee of the defendant city of West Haven police.
4. At all times relevant hereto and in all the actions described herein,
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defendant officers John Doe I and John Doe II, were acting under color of Law and
pursuant to the authority as police officers and police official.
5. The plaintiffs have given notices of their intention to bring this action to
the City of West Haven on October 18, 2006.
6. At all times relevant to this action and mentioned in this complaint, the
defendant City of West Haven was and still is a municipality of the state of
Connecticut, which owned, operated, managed directed and controlled the City of
West Haven police department which employed the named defendant officers.
7. At about 7:25 p.m. on July 19, 2006, in the parking lot of Burger King
restaurant located at the intersection of Elm Street and Campbell Avenue in West
Haven Connecticut, the two plain cloth police officers of the defendant city of West
Haven without probable cause or showing of their identification as police officers
seized,. detained and search the plaintiff Oscar E. Ochoa.
8. In the course of accomplishing that detention and seizure the
defendant police officers pushed the plaintiff against his car, grabbed his wrist and
bent it forward hard. The plaintiff’s elbow was bent against his back hurting his
shoulder, elbow and wrist. The defendant officer John Doe I held him on his neck so
hard that his neck was hurting and in serious pain. They searched plaintiff person
with excessive force. They searched his car. Twice during the search of the plaintiff
the said police officer John Doe I, touched the plaintiff’s private parts (genital
organs).
9. During the said search the plaintiffs dental products (i.e. dentures
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delicate and items of dentistry were damaged and destroyed by the said police
officers in the amount of $20,000.00 and the plaintiff lost the account..
Subsequently, defendant police officers told the plaintiff that he was free to go, and
they left the parking lot.
10. As a result of the acts and omissions of the defendants described above
the plaintiff sustained injury to his right and left wrist which has caused him to
suffer great and prolonged pain, emotional distress, mental anguish, nightmares, and
nervousness. The plaintiff also suffered great fear for his life and safety and was
caused to undergo medical procedures for his care, psychological treatment and
counseling, therapeutic counseling, and treatment to his economic loss.
11. In the manner described in this complaint, the actions of the defendant
acting under color of state law, depraved the plaintiff of his right to travel, the
freedom from unreasonable search, seizure and detention, to be served in his person
and property, right to be free from excessive force by law enforcement personnel
the freedom from false imprisonment, his right to be free from unconstitutional
abridgment of the privileges and immunities that he enjoys as an American; the
freedom from conspiracies to deprive the plaintiff of his rights of due process and
equal protection of the law. All of these rights are secured to the plaintiff by the
provisions of Article 4 and the fourth and fourteenth Amendments to the United
States Constitution as enforced by Title 42 U.S.C Section 1983 and 1988.
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CIVIL RIGHTS VIOLATION:
SECOND COUNT: (DEPRIVATION AND/OR VIOLATION OF CIVIL RIGHTS BY DEFENDANTS CITY OF WEST HAVEN, OFFICERS JOHN DOE I AND JOHN DOE II AS TO THE PLAINTIFF OSCAR OCHOA)
1-11 Of the first count are hereby incorporated and made paragraphs 1-11 of the
second count.
12. The defendant police officers, John Doe I and John Doe II, detained
arrested and handcuffed the plaintiff Oscar Ochoa in such a way that his hand was
hurting him without just and legal cause, there by violating his rights under the laws
and constitution of the United States in particular 42 U.S.C. Sections 1983 and 1988
and Section 2 and the first, fourth, fifth, sixth, eighth, ninth, fourteenth Amendments
to the United States Constitution. More particularly the conduct of the defendants
police officers as described above deprived the plaintiff Oscar Ochoa of his right to
be secured in his person against unreasonable searches and seizures as guaranteed to
the plaintiff Oscar Ochoa under the fourth amendment to the United States
Constitution , of plaintiff not to be subjected to cruel and unusual punishment as
secured to the plaintiff’s right not to be deprived of liberty without due process of
law and to the laws as guaranteed to plaintiff under the fourteenth amendment to the
United States Constitution.
13. The plaintiff Oscar Ochoa’s vehicle was boxed by West Haven police
vehicle. Plaintiff Oscar Ochoa was unarmed, helpless, minding his business and no
way a threat to defendant officers.
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14. The unlawful detention, false arrest and hand cuffing of plaintiff Oscar
Ochoa by the defendant officers violated the rules and regulations of the City of
West Haven regarding the use of excessive force.
15. As a direct and proximate result of the above- described unlawful and
Malicious acts of the defendant police, all committed under color of his authority as
the City of West Haven police officers and while acting in that capacity the plaintiff
Oscar Ochoa suffered bodily harm, extreme pain, all of which is in violation of his
rights under the laws and Constitution of the United States, in particular the fifth,
eighth and fourteenth Amendments thereof and 42 U.S. Section 1983.
16. Defendants City of West Haven through its’ police chief, is directly
liable and responsible for the acts of defendants/police officers because they failed
to enforce the laws of the State of Connecticut and regulations of the City of West
Haven police department pertaining to the use of force by the City of West Haven
police officers, thereby creating wit the West Haven police department an
atmosphere of lawlessness in which police officers employ excessive and illegal
force and violence in belief that such acts will be condemned and justified by their
superiors, defendant City of West Haven and its’ police chief, therefore were, or
should have been aware of such unlawful acts and practices prior to and at the time
the plaintiff Oscar Ochoa was physically and in rough manner frisked.
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THIRD COUNT: (ASSAULT BY THE DEFENDANTS CITY WEST HAVEN, OFFICERS JOHN DOE I AND JOHN DOE II AS TO PLAINTIFF OSCAR OCHOA)
1-16 Paragraphs 1-16 of the second count are hereby incorporated and made
paragraphs 1-16 of the Third Count.
17. In the manner described above, the defendant City of West Haven
through its police officers further committed intentional infliction of emotional
distress, in that the defendant officers intentionally and/or recklessly caused the
plaintiff Oscar Ochoa severe emotional distress by his intentional extreme and
outrageous conduct, as described above. The acts and commissions of the
defendants as outlined above were the proximate cause of the injury to the plaintiff.
FOURTH COUNT: (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS BY THE DEFENDANTS CITY OF WEST HAVEN, OFFICERS AS TO PLAINTIFF OSCAR E. OCHOA)
1-17. Paragraphs 1-17 of the third count are hereby incorporated and
made paragraphs 1-17 of fourth count.
19. In the manner described above, the defendant City of West Haven
through its police officer, further committed intentional infliction of emotional
distress, in that the defendant officers, intentionally and/or recklessly caused the
plaintiff Oscar E. Ochoa severe emotional distress by his intentional extreme and
outrageous conduct, as described above. The acts and commissions of the
defendants as outlined above were the proximate cause of the injury to the plaintiff.
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FIFTH COUNT: (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS BY DEFENDANTS CITY OF WEST HAVEN AS TO THE PLAINTIFF OSCAR OCHOA)
1-18 Paragraphs 1-18 of the fourth count are hereby incorporated and made
paragraphs 1-18 of the Fifth count.
19. In the manner described above, the defendant city of West Haven
through its police officers further committed negligence infliction of emotional
distress in that the defendant officer negligently caused the plaintiff Oscar Ochoa to
suffer sever emotional distress his negligence outrageous conducts, as described
above, which he knew or would have known will cause such emotional distress on
the plaintiff Oscar Ochoa.
SIXTH COUNT: (DEFENDANTS CITY OF WEST HAVEN AND POLICE OFFICERS JOHN DOE I AND JOHN DOE II AS TO THE PLAINTIFF FABRICIANO FALCON)
1. At all times relevant to this action, the plaintiff was a resident of the city of
New Haven.
2. The defendant City of West Haven is a municipal corporation with the state
of Connecticut and at all times relevant hereto, employed the defendant officers.
3. At all times relevant hereto defendant police officers John Doe I and John
Doe II were of the police department of the City of West Haven and at all times
mentioned was acting in such capacity as the agent, servant and employee of the
defendant City of West Haven police department.
4. At all times relevant hereto and in all the actions described herein, defendant
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Officers acting under color of law and pursuant to the authority as police officers
and police official.
5. The plaintiffs have been given notices of their intention to bring this action
to the City of West Haven on October 18, 2006.
6. At all times relevant to this action and mentioned in this complaint, the
Codefendant, City of West Haven was and still is a municipality of the state of
Connecticut, which owned, operated, managed, directed and controlled the City of
West Haven police department which employed the named defendant officers.
7. At about 7:25 p.m. on July 19, 2006, in the parking lot of Burger King
restaurant located at the intersection of Elm Street and Campbell Avenue in West
Haven Connecticut, the two plaintiff police officers of the defendant city of West
Haven without probable cause or showing of their identification as police officers
seized, detailed and search the plaintiff Fabriciano Falcon.
8. In the course of accomplishment that detention and seizure the defendant
police officer pushed the plaintiff against his car, grabbed his wrist and bent it
forward hard. The plaintiff’s elbow was bent against his back hurting his shoulder,
elbow and wrist. He held him on his neck so hard that his neck was hurting and in
serious pain. They searched the plaintiff with excessive force. He searched his car.
The officer was spitting on the plaintiff’s face constantly throughout the search.
9. During the said search the plaintiff’s dentures and items of dentistry were
damaged and destroyed in the amount of $25,000.00 by the said police officers.
Subsequently, defendant police officers told the plaintiff that he was free to go, and
they left the parking lot.
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10. As a result of the acts and omissions of the defendants described above
the plaintiff sustained injury to his right and left list which has caused him to lose
the denture account in the amount of $30,000.00 which in turn affected his business
and to default on his debts. The plaintiff suffered great and prolonged pain, great
fear for his life and safety and was caused to undergo medical procedures and
psychological counseling for his care and treatment to his economic loss.
11. In the manner described in this complaint, the actions of the defendant
acting under color of state law, depraved the plaintiff of his right to travel, the
freedom from unreasonable search, seizure and detention, to be served in his person
and property, right to be free from excessive force by law enforcement personnel
the freedom from false imprisonment, his right to be free from unconstitutional
abridgment of the privileges and immunities that he enjoys as an American; the
freedom from conspiracies to deprive the plaintiff of his rights of due process and
equal protection of the law. All of these rights are secured to the plaintiff by the
provisions of Article 4 and the fourth and fourteenth Amendments to the United
States Constitution as enforced by Title 42 U.S.C Section 1983 and 1988.
CIVIL RIGHT VIOLATION:
SEVENTH COUNT: (DERIVATION AND/OR VIOLATION OF CIVIL RIGHTS BY DEFENDANTS CITY OF WEST HAVEN AND DEFENDANTS OFFICERS AS TO PLAINTIFF FABRUCIANO FALCON) 1-11. Of the first count are hereby incorporated and made paragraphs 1-11 of the
second count.
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12. The defendant police officers, John Doe I and John Doe II, detained
arrested and handcuffed the plaintiff Fabriciano Falcon in such a way that his hand
was hurting him without just and legal cause, there by violating his rights under the
laws and constitution of the United States in particular 42 U.S.C. Sections 1983 and
1988 and Section 2 and the first, fourth, fifth, sixth, eighth, ninth, fourteenth
Amendments to the United States Constitution. More particularly the conduct of the
defendants police officers as described above deprived the plaintiff Fabriciano
Falcon of his right to be secured in his person against unreasonable searches and
seizures as guaranteed to the plaintiff Fabriciano Falcon under the fourth
amendment to the United States Constitution , of plaintiff not to be subjected to
cruel and unusual punishment as secured to the plaintiff’s right not to be deprived of
liberty without due process of law and to the laws as guaranteed to plaintiff under
the fourteenth amendment to the United States Constitution.
13. The plaintiff Fabriciano Falcon s vehicle was boxed in by City of West
Haven’s police vehicle, plaintiff Fabriciano Falcon who was unarmed, helpless,
minding his own business, and no way posed a threat to the defendant officer.
14. The unlawful false arrest and hand cuffing of plaintiff Fabriciano Falcon
by the defendants officer John Doe I and John Doe II violated the ruled and
regulations of the City of West Haven regarding the usage of excessive force.
15. As a direct and proximate result of the above-described unlawful and
malicious acts of defendants police office John Doe I and John Doe II all committed
under color of his authority as the City of West Haven police officer, and while
acting in that capacity the plaintiff Fabriciano Falcon suffered badly harm extreme
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pain, all of which is in violation of his rights under the laws and Constitution of he
United States, in particular the fifth, eighth and fourteenth amendments thereof and
42 U.S.C. section 1983.
16. Defendants City of West Haven through it’s police chief is directly liable
and responsible for the acts of defendant police officers John Doe I and John Doe II
because they failed to enforce the laws of the state of Connecticut and regulations of
the City of West Haven police department pertaining to the use of force by the City
of West Haven police officers, thereby creating with the West Haven police
department an atmosphere of lawlessness in which police officers employ excessive
and illegal force and violence in belief that such acts will be condemned and
justified by their superiors, defendant City of West Haven and it’s police chief,
therefore were, or should have been aware of such unlawful acts and practices prior
to and at the time the plaintiff Fabriciano Falcon was physical and in a rough
manner frisked.
EIGHTH COUNT: (ASSAULT BY THE DEFENDANTS CITY OF WEST HAVEN, OFFICERS AS TO THE
PLAINTIFF FABRCIANO FALCON)
1-16 Paragraphs 1-16 of the second count are hereby incorporated and made
paragraphs 1-16 of the sixth count.
17.When defendant officers John Doe I and John Doe II had their guns drawn
with the hammer cocked, they in a wanton, reckless, without justification, willfully,
maliciously and intentionally committed assault on the plaintiff Fabriciano Falcon,
by putting him in fear and/or immediate apprehension to be shot.
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NINTH COUNT: (INTENTIONAL INFLICTION OF EMOTIONAL
DISTRESS BY THE DEFENDANTS CITY OF WEST HAVEN AND DEFENDANT OFFICERS AS TO PLAINTIFF FABRICIANO FALCON)
1-17 Paragraphs 1-17 of the third count are hereby incorporated and made
Paragraphs 1-17 of the eighth count.
18. In the manner described above, the defendant City of West Haven through
its police officers john Doe I and John Doe II, further committed intentional
infliction of emotional distress in that the defendant officers John Doe I and John
Doe II intentionally and/or recklessly caused the plaintiff Fabriciano Falcon severe
emotional distress by his intentional extreme and outrageous conduct, as describer
above. The acts and commissions of the defendants as outlined above were the
proximate cause of the injury to the plaintiff.
TENTH COUNT: (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS BY DEFENDANTS CITY OF WEST HAVEN AND OFFICERS JOHN DOE I AND JOHN DOE II AS TO PLAINTIFF FABRICIANO FALCON)
1-18 Paragraphs 1-18 of the fourth count are hereby incorporated and made
paragraphs 1-18 of the ninth count.
18. In the manner described above the defendant City of West Haven
through It’s police officers John Doe I and John Doe II, further committed
negligence infliction of emotional distress, in that the defendant officer negligently
caused the plaintiff Fabriciano Falcon to suffer severe emotional distress his
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negligent outrageous conducts, as described above which he knew or would have
known will cause such emotional distress on the plaintiff Fabriciano Falcon.
ELEVENTH COUNT: (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS BY DEFENDANTS CITY OF WEST
HAVEN AND OFFICERS JOHN DOE I AND JOHN DOE II AS TO ANA B. FALCON, INDIVIDUALLY AND ANA B. FALCON P/P/A LORENZO LAURIA)
1-18 Paragraphs 1-18 of the Tenth Count are hereby incorporated and
made paragraphs 1-18 of the Third Count.
19. The plaintiffs Ana D. Falcon and the son Lorenzo Lauria the wife of the
plaintiff Fabriciano Falcon who was in the car with him and their son Lorenzo
Lauria, were both sitting in the car in close proximity to, and they observe, saw and
witnessed when the defendant police officers of the defendant City of West Haven
without possible cause or showing of their identification as police officers seized,
detained and searched the plaintiffs Fabriciano Falcon and Oscar E. Ochoa with
excessive force.
20. The defendants, through the after said acts and omissions, negligently,
inflicted upon the plaintiff Ana B. Falcon physical and emotional harm and distress,
the risk of which the defendant knew or should have known were likely to result
from such conduct. The plaintiffs have suffered nervous shock, and mental anguish
caused by the sight of what happened to the plaintiffs Fabriciano Falcon and Oscar
E. Ochoa. As a further result of the defendants conduct, as aforesaid, the plaintiffs
have suffered recurrent nightmares, inability to eat or sleep, nervousness and other
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adverse physical affects, illness, and injuries requiring at times therapeutic
counseling, and such injuries and damages are likely to continue into the future.
21. As a further result of the defendants conduct the plaintiffs have expended
large funds of money for medical treatment and obligated in the future to expend
further sums for such purposes.
WHEREFORE, the plaintiff prays for judgment against the defendant as follows:
a) Damages;
b) Punitive damages;
c) Compensatory and emotional distress damages;
d) Attorney fees and reimbursement of costs of this action;
e) Prejudgment interest on all amounts claimed; and
f) Such other and further relief as the court deems just, reasonable and
equitable.
THE PLAINTIFFS, OSCAR E. OCHOA, FABRICIANO FALCON, ANA B. FALCON INDIVIDUALLY AND ANA B. FALCON P/P/A LORENZO LAURIA
BY:___________________________________ IKECHUKWU UMEUGO FED. BAR # 04536 ct
THEIR ATTORNEY UMEUGO & ASSOCIATES, P.C. 620 BOSTON POST ROAD WEST HAVEN, CT 06516 (203) 931-2680
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………………………………………………………. OSCAR E. OCHOA, FABRICIANO FALCON, : ANA B. FALCON(INDIVIDUALLY), ANA B. : FALCON P/P/A LORENZO LAURIA : Plaintiffs : CIVIL ACTION NO. v. : : CITY OF WEST HAVEN, OFFICER JOHN DOE I : OFFICER JOHN DOE II : Defendant : DECEMBER 28, 2007 ……………………………………………………… :
STATEMENT OF AMOUNT IN DEMAND
The amount in demand is greater than Two Hundred and Fifty Thousand dollars ($250,000.00), exclusive of interest and cost. THE PLAINTIFFS,
OSCAR E. OCHOA, FABRICIANO FALCON, ANA B. FALCON INDIVIDUALLY AND ANA B. FALCON P/P/A LORENZO LAURIA
BY:___________________________________ IKECHUKWU UMEUGO FED. BAR # 04536 ct
THEIR ATTORNEY UMEUGO & ASSOCIATES, P.C. 620 BOSTON POST ROAD WEST HAVEN, CT 06516 (203) 931-2680
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DEMAND FOR TRIAL BY JURY
The plaintiff demands a trial by jury on all claims.
THE PLAINTIFFS, OSCAR E. OCHOA, FABRICIANO FALCON, ANA B. FALCON INDIVIDUALLY AND ANA B. FALCON P/P/A LORENZO LAURIA
BY:___________________________________ IKECHUKWU UMEUGO FED. BAR # 04536 ct
THEIR ATTORNEY UMEUGO & ASSOCIATES, P.C. 620 BOSTON POST ROAD WEST HAVEN, CT 06516 (203) 931-2680,
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