Case 4:14-cv-40017 Document 1 Filed 02/07/14 Page 1 of 11

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF MASSACHUSETTS ___________________________________ DAISY L. MORALES, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) )
)

JAMES POWERS and CITY OF WORCESTER Defendants.

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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 plaintiffs 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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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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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. Moraless 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. Moraless home and confirmed that there had been no disturbance. 11. Officer Powers, accompanied by other officers, appeared at Ms. Moraless 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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16. Among other things, Officer Powers accused Ms. Morales of lying and stated: Im sick of dealing with you Latinos. 17. Officer Powers claimed that he could arrest Ms. Morales if he wanted to by claiming she was keeping a disorderly house. 18. Sheila Alles who was in the apartment at the time, calmly asked Officer Powers: Why are you speaking to an elderly woman in that manner? 19. Hearing this question, Officer Powers became enraged again, charged at Ms. Alles, yelled Im going to arrest you, flipped her around, slammed her on the sofa where she was sitting, and slapped handcuffs on her behind her back. 20. Ms. Alles was informed that she was being arrested for disturbing the peace. 21. Ms. Morales saw that Officer Powers was purposefully harming Ms. Alles and stated into her cell phone: Oh my God, police brutality. 22. Ms. Morales stated that she thought Officer Powers was engaged in police brutality. 23. This comment enraged Officer Powers. He turned on Ms. Morales with a wild look in his eyes and shouted: I will show you police brutality! 24. At this, the large, menacing Officer Powers charged at the diminutive Ms. Morales, picked her off the ground, and body slammed her with all his might. 25. Ms. Morales landed face down on the floor, breaking her glasses on her face. 26. Officer Powers then picked Ms. Morales up again and shoved her on a reclining chair in the apartment. 27. Ms. Morales began to wail in excruciating pain as, among other things, several bones in her body had broken.

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28. Officer Powers then flipped Ms. Morales around so that she could be handcuffed behind her back despite the fact that Ms. Morales was crying out in pain from, among other things, her broken shoulder. 29. Officer Powers did this to purposefully inflict more pain. 30. Ms. Morales pleaded to Officer Powers to at least handcuff her with her hands in the front of her body to relieve the pain. He refused and told Ms. Morales to shut up. 31. Finally, after several excruciating minutes, a second officer appeared, asked Ms. Morales why she was crying in pain, and, mercifully, placed her handcuffs on the front of her body to relieve some of the pain. 32. Ms. Morales was placed under false arrest. 33. An ambulance was called and picked up Ms. Morales for transport to the hospital between 12:00 and 1:00 p.m. making Ms. Morales sit in pain and in handcuffs for more than an hour. 34. Ms. Morales was never read her Miranda rights or advised why she had been placed under arrest. 35. There was no probable cause to arrest Ms. Morales or charge her with any crime. 36. Ms. Morales later learned through Court proceedings that she had been charged with disturbing the peace, keeping a disorderly house, and resisting arrest. 37. Ms. Morales was falsely imprisoned. 38. Officer Powers knew at the time that he brought charges against Ms. Morales that the charges were untrue and manufactured for an illegitimate purpose.

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39. In an attempt to protect himself and his unconstitutional actions, Officer Powers instigated and helped prosecute false criminal charges against Ms. Morales. 40. Ms. Morales was found not guilty of all charges brought by Officer Powers by a jury in Worcester District Court. V. Causes of Action COUNT I (Violation of 42 U.S.C.A. 1983, Civil Rights Act v. Officer Powers) 41. Ms. Morales restates and realleges each of the above paragraphs and incorporates them herein by reference. 42. Officer Powers deprived Ms. Morales of her civil rights, including but not limited to conducting an unlawful search and seizure of Ms. Morales, the unlawful deprivation of Ms. Moraless liberty and property without due process of law by falsely arresting and maliciously prosecuting her, seeing to the false imprisonment of Ms. Morales, engaging in an abuse of process in order to protect his wrongful acts, assaulting and battering Ms. Morales, employing cruel and unusual punishment against Ms. Morales, using excessive force against Ms. Morales, and purposefully depriving Ms. Morales of her Constitutional rights. 43. In taking the unlawful actions described in this Complaint, Officer Powers acted under the color of local and state law, including the authority granted in him as a police officer by the City of Worcester and the Police Department of the City of Worcester. 44. Officer Powerss acts and practices subjected Ms. Morales, or caused Ms. Morales to be subjected, to the deprivation of the rights, privileges and

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immunities secured by the United States Constitution and laws of the United States, including but not limited to her rights under the First, Fourth, Eighth and Fourteenth Amendments to United States Constitution. 45. Ms. Morales is entitled to be compensated for the violations of her civil rights as provided in 42 U.S.C.A 1983 et seq. and as otherwise allowed at law and in equity in an amount to be determined at trial. COUNT II (Intentional Infliction of Emotional Distress v. Officer Powers) 46. Ms. Morales restates and realleges each of the above paragraphs and incorporates them herein by reference. 47. Through the conduct alleged in this Complaint, Officer Powers intended to inflict emotional distress upon Ms. Morales or knew or should have known that emotional distress was likely to result from his outrageous conduct. 48. Officer Powerss conduct was extreme and outrageous, was beyond all possible bounds of decency and was utterly intolerable in a civilized community. 49. Officer Powerss conduct caused Ms. Morales to suffer extreme emotional distress. 50. Ms. Moraless emotional distress was severe and of a nature that no reasonable person could be expected to endure it. Ms. Morales suffered both physical and emotional harm as a result of the conduct of Officer Powers. 51. Ms. Morales seeks compensation for the harm inflicted upon her in an amount to be determined at trial.

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COUNT III (Malicious Prosecution/Abuse of Process v. Officer Powers) 52. Ms. Morales restates and realleges each of the above paragraphs and incorporates them herein by reference. 53. Officer Powers used legal process to bring criminal complaints against Ms. Morales regarding the incident at Ms. Moraless home described above. 54. Officer Powers instituted criminal process with actual malice. To wit, Officer Powerss use of legal process was for the illegitimate and ulterior purpose of providing a defense to his unlawful violation of Ms. Moraless civil rights. 55. Officer Powers instituted this criminal process without probable cause. 56. The malicious process instituted by Officer Powers terminated in favor of Ms. Morales she was acquitted on all charges. 57. Officer Powerss unlawful abuse of process and malicious prosecution resulted in damage to Ms. Morales in an amount to be determined at trial. COUNT IV (False Arrest and False Imprisonment v. Officer Powers) 58. Ms. Morales restates and realleges each of the above paragraphs and incorporates them herein by reference. 59. Officer Powers exercised unlawful confinement of Ms. Morales, including, Ms. Moraless confinement both during and after her unlawful arrest and imprisonment as set forth above. 60. The unlawful confinement of Ms. Morales was intentional. 61. Ms. Morales was conscious of the confinement exerted against her.

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62. Ms. Morales has been damaged by the false arrest and imprisonment in an amount to be determined at trial. COUNT V (Assault and Battery v. Officer Powers) 63. Ms. Morales restates and realleges each of the above paragraphs and incorporates them herein by reference. 64. Officer Powers engaged in an unlawful assault and battery of Ms. Morales as described in detail above. 65. Officer Powers first put Ms. Morales in fear of offensive contact of her body and then inflicted a severe beating of Ms. Moraless body. 66. Officer Powerss assault and battery resulted in numerous broken bones and other injuries to Ms. Morales. 67. Officer Powers has been damaged by the assault and battery inflicted upon her in an amount to be determined at trial. COUNT VI (Violation of 42 U.S.C.A. 1983, Civil Rights Act v. City of Worcester) 68. Ms. Morales restates and realleges each of the above paragraphs and incorporates them herein by reference. 69. Upon information and belief, the unconstitutional actions of Officer Morales implemented or executed a policy, statement, or decision officially adopted and promulgated by the City of Worcester. 70. Officer Powerss practices and actions aimed at Ms. Morales appear to be so well settled by the City of Worcester that they constitute a custom or usage by City

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of Worcester Police Department and its officers and they carry the force of law. 71. These customs and practices are so pervasive that, upon information and belief, City of Worcester policy makers had actual or constructive knowledge of and acquiesced to the unconstitutional customs and practices. 72. In addition, the City of Worcester, upon information and belief, failed to properly train, supervise, and discipline its employees, including Officer Powers, to prevent these customs and practices from manifesting themselves through the City of Worcesters police officers. 73. Ms. Morales is entitled to be compensated for the violations of her civil rights as provided in 42 U.S.C.A 1983 et seq. and as otherwise allowed at law and in equity in an amount to be determined at trial. VI. Jury Demand Ms. Morales hereby demands a trial by jury on all counts so triable.

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WHEREFORE, Ms. Morales requests that this Honorable Court: 1. 2. Enter judgment in favor of Ms. Morales on each count stated herein; Award Ms. Morales all damages, costs, interest and attorneys fees

recoverable at law and in equity; and 3. Award such other and further relief as is just and proper.

Respectfully submitted, PLAINTIFF DAISY L. MORALES, By her attorney, /s/ Timothy J. Perry Timothy J. Perry (BBO #631397) tperry@pkdllp.com PERRY, KRUMSIEK & DOLAN, LLP 210 Union Wharf Boston, MA 02109 (617) 720-4300 facsimile (617) 720-4310

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