Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 1 of 24

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JEWU RICHARDSON v. CITY OF NEW HAVEN, JUSTEN KASPERCZYK, KAREN BELL, WILLIAM WHITE, FRANCISCO ORTIZ, BRIAN DONNELLY, THOMAS R. BENEDETTO AND WENDY L. PLOWMAN : : : : : : : : : NO.: 3:08-CV-00438 (AVC)

MAY 12, 2009

AMENDED COMPLAINT INTRODUCTORY STATEMENT On January 5, 2006, at approximately 12:30 p.m., Plaintiff Jewu Richardson was driving a rental car to the Lincoln Bassett School, a public elementary school in New Haven where his daughter is enrolled. As Mr. Richardson pulled his car into the parking lot of the Lincoln Bassett School, five New Haven Police Officers followed in three different cars and ordered Mr. Richardson out of the car. One of the officers, Detective Justin Kasperzyk, handcuffed Mr. Richardson, and searched his coat pockets three times. During the first two searches, Detective Kasperzyk found nothing incriminating, but after his third search of Mr. Richardsons pockets, he held up a baggie with cocaine. However, the drugs did not belong to Mr. Richardson. Detective Kasperzyk had planted the drugs in Mr. Richardsons jacket pockets while he was handcuffed. Mr. Richardson immediately protested that the drugs were not his. In response, Detective Kasperzyk merely smiled and said that the drugs would be his unless he could provide some information leading to the arrest of a drug dealer. Because Mr. Richardson had no such information to provide, Detective Kasperzyk and several other Police Officers

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 2 of 24

caused Mr. Richardson to be arrested on narcotics charges. Mr. Richardson remained in custody for more than 14 months pending trial on the false charges against him. On March 12, 2007, the day before the presentation of evidence to the jury in the States case was scheduled to begin, the United States Federal Bureau of Investigation (FBI) announced the indictment of several New Haven Police Officers, including Detective Kasperzyk, on federal charges. The FBIs investigation revealed a culture of corruption in the New Haven Police Department, including a pattern and practice of planting evidence on suspects to promote narcotics-related arrests. Later that same evening, Mr. Richardson was visited by his attorney, who stated that the State had offered to release him based upon time served. Mr. Richardson refused, demanding a trial to prove his innocence. On March 13, 2007, just before testimony was to begin, the State asked for a continuance, and Mr. Richardsons attorney did not object. Two days later, the State entered a nolle prosequi without consulting Mr. Richardson. Ultimately, Detective Kasperzyk pleaded guilty to planting drugs on a suspect during a 2006 raid, and is currently serving time in federal prison. Based upon the foregoing allegations, Mr. Richardsons Complaint alleges that several New Haven Police Officers violated his constitutional rights to be free from search, seizure, and arrest without probable cause. In addition, Mr. Richardson spent more than 14 months in confinement pending trial, in violation of his right to be free from false arrest and malicious prosecution. Moreover, the Complaint alleges that the Chief of Police, Francisco Ortiz, and Lieutenant William White had actual or constructive knowledge of their actions, but failed to take any action to stop their unconstitutional conduct. Therefore, Defendants Ortiz and White bear liability for the actions of their subordinates.

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 3 of 24

Furthermore, the Complaint alleges that the City of New Haven allowed a culture of corruption to take hold and fester among the Officers of the New Haven Police Department (NHPD). Indeed, NHPD Detective Kasperzyk has testified under oath that the NHPD had an unwritten policy to lock people up, even if it was a bullshit arrest. Detective Kasperzyk also testified that he was told to make arrests at all costs, and that Lieutenant White, his supervisor, put tremendous pressure on us to make these arrests. Even though the Chief of Police had actual knowledge of this misconduct, he failed to correct or stop the practices, with deliberate indifference. Similarly, the City of New Haven failed to adequately train its Police Officers in the appropriate and constitutionally permissible methods of police procedure, because the City acted with deliberate indifference to the rights of the public. For all of these reasons, the City of New Haven is liable for its failure to correct an unconstitutional pattern of conduct in the NHPD, and for its failure to train and supervise its Police Officers. JURISDICTION AND VENUE 1. 2. This Court has jurisdiction over this case pursuant to 28 U.S.C. 1331. Venue is proper in the United States District Court, District of Connecticut,

pursuant to 28 U.S.C. 1391(b). FACTUAL BACKGROUND The Parties 3. At all times relevant to this Complaint, the Plaintiff, Jewu Richardson, resided

in New Haven, Connecticut. 4. At all times relevant to this Complaint, Defendant City of New Haven was a

municipality organized under the laws of the State of Connecticut.

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 4 of 24

5.

At all times relevant to this Complaint, Justin Kasperzyk was a Police Officer

employed by the City of New Haven, and assigned to the Narcotics Enforcement Unit (NEU) of the New Haven Police Department (NHPD), where he held the rank of Detective. At all times relevant to this Complaint, Detective Kasperzyk was acting under the color of his authority as an officer of the NHPD. 6. At all times relevant to this Complaint, William White was a Police Officer

employed by the City of New Haven, and assigned to the NEU of the NHPD. At all times relevant to this Complaint, White served as the Commander of the NHPD, and held the rank of Lieutenant. At all times relevant to this Complaint, Lieutenant White was acting under the color of his authority as an officer of the NHPD. 7. At all times relevant to this Complaint, Francisco Ortiz was a Police Officer

employed by the City of New Haven, serving as the Chief of Police for the NHPD. At all times relevant to this Complaint, Chief of Police Ortiz was employed in a position of policymaking authority for the City of New Haven. 8. At all times relevant to this Complaint, Karen Bell was a Police Officer

employed by the City of New Haven, and held the rank of Detective. At all times relevant to this Complaint, Detective Bell was acting in her authority as an officer of the NHPD. 9. At all times relevant to this Complaint, Wendy L. Plowman was a Police

Officer employed by the City of New Haven, and was acting in her authority as an officer of the NHPD. 10. At all times relevant to this Complaint, Thomas R. Benedetto was a Police

Officer employed by the City of New Haven, and was acting in his authority as an officer of the NHPD.

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 5 of 24

11.

At all times relevant to this Complaint, Brian T. Donnelly was a police officer

employed by the City of New Haven, and was acting in his authority as an officer of the NHPD. New Haven Police Officers Falsely Arrest Plaintiff Jewu Richardson 12. On January 5, 2006, at approximately 12:30 p.m., Plaintiff Jewu Richardson

was driving a black Pontiac G-6 automobile in the Newhallville section of New Haven. The vehicle driven by Mr. Richardson was a rental car, leased to a friend of his. Mr. Richardson observed that he was being followed by an unmarked black Saab for more than one hour. Mr. Richardson later learned that the unmarked car was driven by Defendants Justin Kasperzyk and Karen Bell. 13. While he was being followed by Detective Kasperzyk and Officer Bell, Mr.

Richardson parked his vehicle in front of the residence known as 97 Thompson Street, New Haven, walked to the front door, and entered the residence. 14. Approximately 15 minutes later, Mr. Richardson exited the residence with his

friend, Juanito Ortiz, and entered the rental car. Upon information and belief, Mr. Ortiz is related to Defendant Francisco Ortiz, the NHPD Chief of Police. Shortly thereafter, Mr. Richardson and Mr. Ortiz drove away, followed by Detectives Kasperzyk and Bell. 15. Mr. Richardson and Mr. Ortiz next drove to the Lincoln Bassett School, a

public school located at 130 Bassett Street, New Haven. Mr. Richardson, whose daughter is enrolled at Lincoln Bassett, drove to the school for a conference with his daughters school teacher. 16. As Mr. Richardson pulled the rental car into the parking lot of the Basset

School, a NHPD patrol vehicle pulled in directly behind Mr. Richardsons car, which

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 6 of 24

prevented Mr. Richardson from parking properly. The NHPD vehicle was driven by Officer Plowman. 17. Mr. Richardson and Mr. Ortiz exited the rental car and asked Officer

Plowman why she had parked her car directly behind him, but Officer Plowman ordered Mr. Richardson and Mr. Ortiz back into the rental car without offering any explanation. Soon after, another NHPD patrol vehicle entered the parking lot, driven by Officer Donnelly, followed by the car carrying Detectives Kasperzyk and Bell. 18. Officer Plowman and Detective Kasperzyk approached the drivers side of the

rental car, where Mr. Richardson was sitting. Simultaneously, Officer Donnelly and Detective Bell approached the passengers side of the car, where Mr. Ortiz was sitting. 19. The Police Officers ordered Mr. Richardson and Mr. Ortiz to exit the rental

car. Detective Kasperzyk began searching Mr. Richardsons pockets, and stated that he was glad to see Mr. Richardson, and that he had been looking for him. Detective Kasperzyk did not explain what he meant by these menacing remarks. Detective Bell found a large amount of money in Mr. Ortizs pockets, and asked Mr. Ortiz where he obtained the cash. 20. Mr. Richardson and Mr. Ortiz were then handcuffed. Approximately five

minutes later, Detective Kasperzyk began searching Mr. Richardsons pockets yet again. Detective Kasperzyk held up a bag that he claimed to have found in Mr. Richardsons coat pocket, which contained cocaine. However, the drugs did not belong to Mr. Richardson. Detective Kasperzyk had planted the drugs in Mr. Richardsons jacket pockets while he was handcuffed. 21. Mr. Richardson immediately protested that the drugs did not belong to him,

and that Detective Kasperzyk planted the drugs in his coat pocket after he was handcuffed.

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 7 of 24

Detective Kasperzyk responded that they were going to be Mr. Richardsons drugs unless he provided information leading to the arrest of a drug dealer. Mr. Richardson stated that he had no such information to provide, and Detective Kasperzyk responded that he was going to jail. 22. While Detective Kasperzyk was interrogating Mr. Richardson, Defendant

Bell took Mr. Ortiz to the back of the patrol car, and stated that this doesnt concern you. Detective Bell instructed Mr. Ortiz not to say a word of what happened to him, or else he would be next. Detective Bell took a large sum of money from Mr. Ortiz, and set him free. False Arrest Leads To Unlawful 14-Month Detention 23. On January 5, 2006, Mr. Richardson was arrested on various narcotics

charges, along with reckless driving. Mr. Richardson remained in custody for more than 14 months pending trial on the false charges against him. 24. Mr. Richardsons attorney moved to suppress the fruits of any and all

warrantless searches of Mr. Richardsons person and his motor vehicle, conducted by the NHPD on January 5, 2006. During an evidentiary hearing on the motion, Detective Kasperzyk testified that the same vehicle with the same marker number in had eluded him in December 2005, and that is why he followed it. 25. Detective Kasperzyks testimony, however, was false. On January 5, 2006,

Mr. Richardson was driving a car that had been rented by his girlfriend two days before. Therefore, Mr. Richardson could not possibly have been driving that same car in December 2005.

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 8 of 24

26.

On March 12, 2007, one day before the presentation of evidence to the jury in

the States case was set to begin, several New Haven police officers, including Lieutenant White and Detective Kasperzyk, were arrested and charged with several federal offenses. 27. Later that evening, Mr. Richardson was visited by his attorney, who stated

that the State had offered to release him based upon time served. Mr. Richardson refused, demanding a trial to prove his innocence. On March 13, 2007, just before testimony was to begin, the State asked for a continuance, and Mr. Richardsons attorney did not object. Two days later, the State entered a nolle prosequi without consulting Mr. Richardson. 28. Ultimately, Detective Kasperzyk pleaded guilty to planting drugs on a suspect

during a 2006 raid, and is currently serving out his sentence in federal prison. 29. To this day, Mr. Richardson maintains his innocence. In April 2007, Mr.

Richardson filed a pro se Motion to Dismiss, which motion was denied by the Connecticut Superior Court (Blawie, J.). At present, this decision is on appeal at the Connecticut Supreme Court, Case No. SC-18145. Defendant Kasperzyk Admits To Culture Of Corruption In NHPD 30. On June 16, 2008, Detective Kasperzyk gave a deposition in a matter

unrelated to this action. On May 13, 2008, Lieutenant White gave a deposition in the same matter. 31. Detective Kasperzyk testified under oath that Defendant Ortiz and New

Haven Mayor John DeStefano placed Lieutenant White in charge of the Narcotics Enforcement Unit (NEU), and a number of additional NHPD task forces. See June 16, 2008 Deposition of Justin Kasperzyk (Kasperzyk Depo.) at 57, 59 (attached as Exhibit A).

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 9 of 24

32.

Detective Kasperzyk testified that Lieutenant White reported directly to Chief

of Police Ortiz, and met frequently with Chief of Police Ortiz and Mayor DeStefano to receive assignments. Kasperzyk Depo. at 65-66. 33. Detective Kasperzyk testified that he received his assignments from

Lieutenant White, who stated on many occasions that this came from the words of the chief. Get it done. Kasperzyk Depo. at 66. 34. Detective Kasperzyk testified that it was the policy of the NEU, under

Lieutenant Whites command, to plant evidence on suspects and falsify written police reports to facilitate arrests based upon purported narcotics possession. Kasperzyk Depo. at 113-14. 35. Detective Kasperzyk testified that it was the policy of the NEU, under

Lieutenant Whites leadership, to lock people up even if it was a bullshit arrest. Kasperzyk Depo. at 154. 36. Detective Kasperzyk testified that there were written rules regarding how

evidence was to be collected and secured during the execution of a search warrant, but that these written rules were never followed or enforced. Kasperzyk Depo. at 156-57. 37. Detective Kasperzyk testified that Lieutenant White, as the leader of the

NEU, pressured officers under his command to perform illegal, warrantless searches and seizures. Detective Kasperzyk testified that officers who refused to conduct these types of stops and searches would likely be terminated from the NHPD. Kasperzyk Depo. at 122-23, 126. 38. Detective Kasperzyk testified that Defendant Whites superiors knew of, and

enforced, the unwritten policies of the NHPD and NEU, because he was told to make arrests at all costs, and that we wont get an overtime if we didnt make arrests, that if we

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 10 of 24

worked eight hours a shift, and didnt come back with a body, the chief wasnt going to pay you. He put tremendous pressure on us to make these arrests, and White only dealt with the Chief. Kasperzyk Depo. at 126. 39. In or about March 2007, the City of New Haven retained the Police Executive

Research Forum (PERF) to conduct a study and evaluation of the NHPD, including the activities and operations of the NEU. In or about November 2007, PERF issued a Final Report (the PERF Report), entitled New Haven Police Department Assessment, which is attached hereto as Exhibit B. 40. The PERF Report states, in pertinent part, that [n]o strict policies and

procedures have been routinely used in the departments narcotics enforcement. In addition, the PERF Report identifies a systemic problem that allowed officers and supervisors to create their own policies and practices. 41. The PERF Report notes that there was an official operating policy regarding

seizures of narcotics by the NEU, but that the policy was outdated. In addition, the PERF Report states that there is no assurance that this policy was followed by the [NEU]. 42. Detective Kasperzyk testified that even though a procedure was in place for

evaluating the performance of NHPD officers, the NHPD did not conduct evaluations of police officers performance during Detective Kasperzyks tenure with the NEU, or at any time during his career with the NHPD. See Kasperzyk Depo. at 69-72. 43. Lieutenant White testified that he never received a performance review from

Ortiz or any other NHPD representative during the time he was in charge of the NEU. See May 13, 2008 Deposition of William White (White Depo.) at 32 (attached as Exhibit C).

10

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 11 of 24

COUNT ONEFALSE ARREST (against Defendants Justin Kasperzyk, Karen Bell, Wendy L. Plowman, Brian T. Donnelly, and Thomas R. Benedetto In Their Individual Capacities.) 1. The Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 43

as if fully set forth herein. 44. The actions of Defendants Kasperzyk, Bell, Plowman, Donnelly, and

Benedetto, as described herein, have violated Mr. Richardsons rights to be free from arrest without probable cause as guaranteed by the United States Constitution, and by Title 42 U.S.C. 1983 and 1988. 45. Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto intended to

confine the Plaintiff, although there was no probable cause for the arrest, and the arrest was not otherwise privileged. 46. confinement. 47. As a direct and proximate cause of the actions of Kasperzyk, Bell, Plowman, The Plaintiff was conscious of the confinement, and he did not consent to the

Donnelly, and Benedetto, as described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, has suffered substantial economic losses. 48. In addition, as a direct and proximate cause of the actions of Kasperzyk, Bell,

Plowman, Donnelly, and Benedetto, as described herein, the Plaintiff suffered a loss of enjoyment of life during his extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment. COUNT TWOFALSE IMPRISONMENT (against Defendants Justin Kasperzyk, Karen Bell, Wendy L. Plowman, Brian T. Donnelly, and Thomas R. Benedetto In Their Individual Capacities.)

11

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 12 of 24

1.

The Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 43

as if fully set forth herein. 44. The actions of Defendants Kasperzyk, Bell, Plowman, Donnelly, and

Benedetto, as described herein, have violated the Plaintiffs rights to be free from imprisonment without probable cause as guaranteed by the United States Constitution, and by Title 42 U.S.C. 1983 and 1988. 45. Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto intended to

confine the Plaintiff, although there was no probable cause for the arrest, and the arrest was not otherwise privileged. 46. confinement. 47. As a direct and proximate cause of the actions of Kasperzyk, Bell, Plowman, The Plaintiff was conscious of the confinement, and he did not consent to the

Donnelly, and Benedetto, as described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, has suffered substantial economic losses. 48. In addition, as a direct and proximate cause of the actions of Kasperzyk, Bell,

Plowman, Donnelly, and Benedetto, as described herein, the Plaintiff suffered a loss of enjoyment of life during his extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment. COUNT THREEMALICIOUS PROSECUTION (against Defendants Justin Kasperzyk, Karen Bell, Wendy L. Plowman, Brian T. Donnelly, and Thomas R. Benedetto In Their Individual Capacities.) 1. The Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 43

as if fully set forth herein.

12

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 13 of 24

44.

The actions of Defendants Kasperzyk, Bell, Plowman, Donnelly, and

Benedetto, as described herein, have violated the Plaintiffs rights to be free from malicious prosecution as guaranteed by the United States Constitution, and by Title 42 U.S.C. 1983 and 1988. 45. Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto initiated a

criminal proceeding against the Plaintiff, which was terminated in the Plaintiffs favor. 46. There was no probable cause for commencing the criminal proceeding against

the Plaintiff. The actions of Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto which led to the criminal proceeding against Mr. Richardson were motivated by actual malice. 47. As a direct and proximate cause of the actions of Kasperzyk, Bell, Plowman,

Donnelly, and Benedetto, as described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, has suffered substantial economic losses. 48. In addition, as a direct and proximate cause of the actions of Kasperzyk, Bell,

Plowman, Donnelly, and Benedetto, as described herein, the Plaintiff suffered a loss of enjoyment of life during his extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment. COUNT FOURILLEGAL SEARCH AND SEIZURE (against Defendants Justin Kasperzyk, Karen Bell, Wendy L. Plowman, Brian T. Donnelly, and Thomas R. Benedetto In Their Individual Capacities.) 1. The Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 43

as if fully set forth herein. 44. The actions of Defendants Kasperzyk, Bell, Plowman, Donnelly, and

Benedetto, as described herein, have violated Mr. Richardsons rights to be free from illegal

13

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 14 of 24

search and seizure as guaranteed by the United States Constitution, and by Title 42 U.S.C. 1983 and 1988. 45. Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto conducted

an illegal search and seizure of the Plaintiffs person without probable cause. 46. As a direct and proximate cause of the actions of Kasperzyk, Bell, Plowman,

Donnelly, and Benedetto, as described herein, Mr. Richardson has suffered severe emotional distress, psychological impairment, anguish, and embarrassment.

COUNT FIVEFAILURE TO CORRECT PATTERN OF UNCONSTITUTIONAL CONDUCT (against Defendant City of New Haven.) 1. The Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 43

as if fully set forth herein. 44. The actions of Defendants Kasperzyk, Bell, Plowman, Donnelly, and

Benedetto, as described herein, were part of a pattern of persistent and widespread actions by municipal agents and employees, reflecting the City of New Havens unwritten policy to violate its citizens civil rights of its citizens in order to promote arrests on the basis of narcotics possession. 45. The City of New Haven, by and through its chief policymakers, had actual

and/or constructive knowledge of the constitutionally offensive practices of the NHPD officers, and the constitutional deprivations caused by their actions. Nevertheless, the chief policymakers of the City of New Haven failed to correct or stop the practices, as a matter of specific intent and/or deliberate indifference.

14

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 15 of 24

46.

The City of New Havens knowing acquiescence in the actions of NHPD

Officers, including but not limited to Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto, as described herein, created a custom of acceptance of such constitutionally offensive practices, and is the direct and proximate cause of the constitutional deprivations to Mr. Richardson. 47. As a direct and proximate cause of the City of New Havens failure to correct

the unconstitutional conduct of its Police Officers, as described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, has suffered substantial economic losses. 48. In addition, as a direct and proximate cause of the City of New Havens

failure to correct the unconstitutional conduct of its Police Officers, the Plaintiff suffered a loss of enjoyment of life during his extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment, as described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, suffered a loss of enjoyment of life during the extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment COUNT SIXFAILURE TO TRAIN AND/OR SUPERVISE (against Defendant City of New Haven.) 1. The Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 43

as if fully set forth herein. 44. The City of New Haven failed to adequately train and/or supervise its Police

Officers in the appropriate and constitutionally permissible methods of police procedure. Specifically, the City of New Haven failed to adequately control the actions of its Police

15

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 16 of 24

Officers, including but not limited to Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto, and ensure that all such Officers followed NHPD policies and procedures. 45. The City of New Havens failure to train and/or supervise its Police Officers

in the appropriate methods of police procedure was so deficient as to amount to deliberate indifference to the rights of members of the public with whom the police officers were certain to interact. 46. The City of New Haven, by and through its chief policymakers, knew to a

moral certainty that its Police Officers would confront situations involving searches and seizures, detentions, and arrests of suspects in drug possession cases on a daily basis. 47. The situations faced by NHPD Officers, as aforementioned, present such

officers with a difficult choice of the sort that training or supervision will make less difficult. 48. As described above, the NHPD Officers, including but not limited to

Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto, have a long and documented history of mishandling searches and seizures, detentions, and making false arrests. 49. The incorrect decisions made by NHPD Officers, including but not limited to

Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto, frequently caused the deprivation of the constitutional rights of citizens. 50. The City of New Havens failure to train and/or supervise its Police Officers,

including but not limited to Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto, actually caused the aforementioned violations of the Plaintiffs constitutional rights.

16

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 17 of 24

51.

As a direct and proximate cause of the City of New Havens failure to train

and/or supervise its Police Officers, as described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, has suffered substantial economic losses. 52. In addition, as a direct and proximate cause of the City of New Havens

failure to train and/or supervise its Police Officers, the Plaintiff suffered a loss of enjoyment of life during his extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment, as described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, suffered a loss of enjoyment of life during the extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment. COUNT SEVENFAILURE TO SUPERVISE (against Defendant William White.) 1. The Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 43

as if fully set forth herein. 44. At all times relevant to this Complaint, Defendant William White served as

the Commander of the NHPD, and held the rank of Lieutenant. Defendant White was the immediate supervisor of Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto. 45. Defendant White had actual and/or constructive knowledge of the

constitutionally offensive practices of the NHPD officers, and the constitutional deprivations caused by their actions.

17

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 18 of 24

46.

Even though Defendant White had actual and/or constructive knowledge of

the actions of the NHPD officers, he failed to make any meaningful attempt to prevent or forestall their unconstitutional conduct. 47. Defendant Whites failure to supervise NHPD Police Officers was so

deficient as to amount to deliberate indifference to the rights of members of the public with whom the police officers were certain to interact. 48. Defendant Whites failure to supervise NHPD Police Officers, including but

not limited to Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto, actually caused the aforementioned violations of Mr. Richardsons constitutional rights. 49. As a direct and proximate cause of Defendant Whites failure to supervise, as

described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, has suffered substantial economic losses. 50. In addition, as a direct and proximate cause of Defendant Whites failure to

supervise, the Plaintiff suffered a loss of enjoyment of life during his extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment, as described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, suffered a loss of enjoyment of life during the extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment. COUNT EIGHTFAILURE TO SUPERVISE (against Defendant Francisco Ortiz.) 1. The Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 43

as if fully set forth herein.

18

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 19 of 24

44.

At all times relevant to this Complaint, Defendant Francisco Ortiz was the

Chief of Police for the NHPD. At all times relevant to this Complaint, Defendant Ortiz was employed in a position of policy-making authority for the City of New Haven. 45. Defendant Ortiz had actual and/or constructive knowledge of the

constitutionally offensive practices of the NHPD Officers, and the constitutional deprivations caused by their actions. 46. Even though Defendant Ortiz had actual and/or constructive knowledge of the

unconstitutional actions of NHPD Officers, he failed to make any meaningful attempt to prevent or forestall their unconstitutional conduct. 47. Defendant Ortizs failure to supervise NHPD police officers, including but

not limited to Defendants Kasperzyk, Bell, Plowman, Donnelly, and Benedetto, was so deficient as to amount to deliberate indifference to the rights of members of the public with whom the police officers were certain to interact. 48. Defendant Ortizs failure to supervise NHPD Police Officers actually caused

the aforementioned violations of Mr. Richardsons constitutional rights. 49. As a direct and proximate cause of Defendant Ortizs failure to supervise, as

described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, has suffered substantial economic losses. 50. In addition, as a direct and proximate cause of Defendant Ortizs failure to

supervise, the Plaintiff suffered a loss of enjoyment of life during his extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment, as described herein, the Plaintiff was confined for approximately 14 months pending trial, and as a result, suffered a loss of enjoyment of life

19

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 20 of 24

during the extensive period of confinement. In addition, the Plaintiff suffered severe emotional distress, psychological impairment, anguish, and embarrassment.

WHEREFORE, the Plaintiff prays for judgment as follows: AS TO COUNT ONEFALSE ARREST (against Defendants Justin Kasperzyk, Karen Bell, Wendy L. Plowman, Brian T. Donnelly, and Thomas R. Benedetto In Their Individual Capacities.) 1. 2. 2. 3. 4. 5. Money damages of at least Ten Million and 00/100 ($10,000,000.00) Dollars; Punitive Damages; Interest; Costs incurred in bringing this action; Reasonable attorney's fees; Such other and further relief, either legal or equitable, which the Court deems just and proper.

AS TO COUNT TWOFALSE IMPRISONMENT (against Defendants Justin Kasperzyk, Karen Bell, Wendy L. Plowman, Brian T. Donnelly, and Thomas R. Benedetto In Their Individual Capacities.) 1. 2. 3. 4. 5. 6. Money damages of at least Ten Million and 00/100 ($10,000,000.00) Dollars; Punitive Damages; Interest; Costs incurred in bringing this action; Reasonable attorneys fees; Such other and further relief, either legal or equitable, which the Court deems just and proper.

AS TO COUNT THREEMALICIOUS PROSECUTION (against Defendants Justin Kasperzyk, Karen Bell, Wendy L. Plowman, Brian T. Donnelly, and Thomas R. Benedetto In Their Individual Capacities.) 1. 2. 3. 4. Money damages of at least Ten Million and 00/100 ($10,000,000.00) Dollars; Punitive Damages; Interest; Costs incurred in bringing this action;

20

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 21 of 24

5. 6.

Reasonable attorney's fees; Such other and further relief, either legal or equitable, which the Court deems just and proper.

AS TO COUNT FOURILLEGAL SEARCH AND SEIZURE (against Defendants Justin Kasperzyk, Karen Bell, Wendy L. Plowman, Brian T. Donnelly, and Thomas R. Benedetto In Their Individual Capacities.) 1. 2. 3. 4. 5. 6. Money damages of at least Ten Million and 00/100 ($10,000,000.00) Dollars; Punitive Damages; Interest; Costs incurred in bringing this action; Reasonable attorney's fees; Such other and further relief, either legal or equitable, which the Court deems just and proper.

AS TO COUNT FIVEFAILURE TO CORRECT PATTERN OF UNCONSTITUTIONAL CONDUCT (against Defendant City of New Haven.) 1. 2. 3. 4. Money damages of at least Ten Million and 00/100 ($10,000,000.00) Dollars; Interest; Punitive damages; Such other and further relief, either legal or equitable, which the Court deems just and proper.

AS TO COUNT SIXFAILURE TO TRAIN AND/OR SUPERVISE (against Defendant City of New Haven.) 1. 2. 3. 4. 5. 6. Money damages of at least Ten Million and 00/100 ($10,000,000.00) Dollars; Punitive Damages; Interest; Costs incurred in bringing this action; Reasonable attorney's fees; Such other and further relief, either legal or equitable, which the Court deems just and proper.

AS TO COUNT SEVENFAILURE TO SUPERVISE (against Defendant William White.) 1. 2. 3. 4. 5. 6. Money damages of at least Ten Million and 00/100 ($10,000,000.00) Dollars; Punitive Damages; Interest; Costs incurred in bringing this action; Reasonable attorney's fees; Such other and further relief, either legal or equitable, which the Court deems just and proper.

21

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 22 of 24

AS TO COUNT EIGHTFAILURE TO SUPERVISE (against Defendant Francisco Ortiz.) 1. 2. 3. 4. 5. 6. Money damages of at least Ten Million and 00/100 ($10,000,000.00) Dollars; Punitive Damages; Interest; Costs incurred in bringing this action; Reasonable attorney's fees; Such other and further relief, either legal or equitable, which the Court deems just and proper.

22

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 23 of 24

Respectfully submitted, BY THE PLAINTIFF, JEWU RICHARDSON

By:

//s// Donald E. Weisman, Esquire Federal Bar No. ct08799 LAW OFFICE OF DONALD E. WEISMAN 50 Hungerford Road Hartford, CT 06103 Tel: (860) 522-0700 Fax: (860) 524-1905 deweisman@sbcglobal.net AND Benjamin M. Wattenmaker, Esq. Federal Bar No. ct26923 John M. Wolfson, Esquire Federal Bar No. ct03538 FEINER WOLFSON LLC One Constitution Plaza Suite 900 Hartford, CT 06103-2819 Tel: (860) 713-8900 Fax: (860) 713-8905 bwattenmaker@feinerwolfson.com jwolfson@feinerwolfson.com His Attorneys

23

Case 3:08-cv-00438-AVC Document 48 Filed 05/12/09 Page 24 of 24

CERTIFICATE OF SERVICE I hereby certify that, on this 12th day of May, 2009, a copy of the foregoing was filed electronically. Notice of this filing will be sent by e-mail to all parties by operation of the Courts electronic filing system. Parties may access this filing through the Courts system.

//s// Donald E. Weisman, Esquire Benjamin M. Wattenmaker, Esquire

s:\data\worddocs\litigation\richardson v. new haven\amended complaint\amended complaint\amended complaint.doc

24