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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 : v. : : CITY OF WEST HAVEN, OFFICER JOHN DOE I : OFFICER JOHN DOE II : Defendant : :

CIVIL ACTION NO.

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 plaintiffs 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 plaintiffs 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 plaintiffs 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 Ochoas 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. 4

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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. 6

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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 7

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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 plaintiffs 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 plaintiffs face constantly throughout the search. 9. During the said search the plaintiffs 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. 8

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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. 9

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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 plaintiffs 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 Havens 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 10

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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 its 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 its 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. 11

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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 Its 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 12

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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 : v. : : CITY OF WEST HAVEN, OFFICER JOHN DOE I : OFFICER JOHN DOE II : Defendant : :

CIVIL ACTION NO.

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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