Case 3:12-cv-00029-SRU Document 65 Filed 01/24/13 Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ERSILJO BAROLLI and VANGJEL BAROLLI, VS. DAVID PORTELA, JUSTIN MARSHALL, MATHEW WILLIAMS, MICHAEL DEFONZO, REGINALD HIGGINS, ROMMERRO FARRAH, and ELM CITY ENTERTAINMENT LLC d/b/a ALCHEMY NIGHTCLUB : : : : : : : : : : CIVIL ACTION NO. 3:12-CV-00029 (SRU)

JANUARY 24, 2013

AMENDED COMPLAINT PARTIES 1. 2. 3. The plaintiff Ersiljo Barolli is an adult who resides in Waterbury, Connecticut. The plaintiff Vangjel Barolli is an adult who resides in Waterbury, Connecticut. During all times mentioned in this action, the defendants David Portela, Justin

Marshall, Mather Williams, Michael DeFonzo, and were officers in the New Haven Police Department of New Haven, Connecticut, acting as such. They are sued only in their individual capacities. The defendant Reginald Higgins was a private citizens residing in New Haven, Connecticut, and working as security personnel at the Alchemy Nightclub at 239 Crown Street in New Haven. At all times mentioned herein, the defendant Higgins was the agent, servant and employee of the defendant Alchemy Club, acting within the scope of his employment and for the financial benefit of the defendant Alchemy. The defendant Rommerro Farrah was the owner of the Alchemy Nightclub at 239 Crown Street, and also the owner and CEO of Elm City Entertainment, LLC a corporation organized under the law of Connecticut, authorized to do business in Connecticut. FACTS

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4.

During all times mentioned in this Complaint, the defendants were acting under

color of law, that is, under color of the constitution, statutes, laws, rules, regulations, customs and usages of the State of Connecticut. 5. At all times mentioned in this Complaint, the defendants acted jointly and in

concert with each other. Each of the police officers acted jointly and in concert with each other. Each of the police officer defendants had the duty and opportunity to protect the plaintiff from the unlawful actions of the other defendants but each such defendant failed and refused to perform such duty, thereby proximately causing the injuries herein complained of. 6. Sometime after 2:00 p.m. on January 1, 2010, in the vicinity of the aforesaid

Alchemy Nightclub, in the vicinity of 239 Crown Street, New Haven, Connecticut, the defendant Higgins became verbally abusive to the plaintiffs, who were customers at said nightclub. Towards closing time at 3:00 p.m., the defendant Higgins, with the assistance of other unknown bounders, proceeded to grab them by the shirt at the back of their necks in a chokehold, and drag them down several; flights of stairs and hurl them onto the street. 7. Once outside, the fighting, punching, and kicking continued and the New Haven

Police were called. 8. Officers Portela, Marshall, Williams and DeFonzo arrived in the vicinity of 215

Crown Street, and proceeded to physically assault and mace plaintiff Vangjel Barolli in the face, wrestle him to the ground and then place him in handcuffs at 215 Crown Street; plaintiff Ersiljo Barolli was physically assaulted, wrestled to the ground, and then placed in handcuffs at 215 Crown Street.

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9.

Prior to transport to the New Haven Police Report, both plaintiffs were ordered to

sit out in the cold weather, shivering with scanty clothing, which led to sore throats and subsequent treatment at Waterbury Hospital. 10. The conduct of the defendant officers was such that Ersiljo Barolli suffered a

fracture of the wrist, abrasions, and multiple contusions of the upper extremities (arm, wrist, hand, and fingers); and Vangjel Barolli sustained a sprain of his collar bone (clavicle) and multiple contusions and abrasions. 11. As a result of the wrongdoing of all of the defendants described above, the

plaintiffs have suffered and continue to suffer severe emotional distress, physical pain and anguish, humiliation and fear. COUNT ONE (42 U.S.C. 1983, Ersiljo Barolli as against all defendants) 12. Paragraphs 1 through 11 are hereby incorporated and made paragraphs 1 through

11 of this Count One, with the same force and effect as if fully set forth herein. 13. In the manner described above, the defendants subjected the plaintiff Ersiljo

Barolli to unreasonable force in the course of an arrest in violation of the Fourth Amendment to the United States Constitution as enforced through Sections 1983 and 1988 of Title 42 of the United States Code. COUNT TWO (42 U.S.C. 1983, Vangjel Barolli as against all defendants) 14. Paragraphs 1 through 11 are hereby incorporated and made paragraphs 1 through

11 of this Count One, with the same force and effect as if fully set forth herein. 15. In the manner described above, the defendants subjected the plaintiff Vangjel

Barolli to unreasonable force in the course of an arrest in violation of the Fourth Amendment to the United States Constitution as enforced through Sections 1983 and 1988 of Title 42 of the United States Code

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COUNT THREE (Assault & Battery, Ersiljo Barolli as against all defendants) 16. Paragraphs 1 through 11 are hereby incorporated and made paragraphs 1 through

11 of this Count One, with the same force and effect as if fully set forth herein. 17. In the manner described above, the defendants subjected the plaintiff Ersiljo

Barolli to assault and battery in violation of the common law of the State of Connecticut. COUNT FOUR (Assault & Battery, Vangjel Barolli as against all defendants) 18. Paragraphs 1 through 11 are hereby incorporated and made paragraphs 1 through

11 of this Count One, with the same force and effect as if fully set forth herein. 19. In the manner described above, the defendants subjected the plaintiff Vangjel

Barolli to assault and battery in violation of the common law of the State of Connecticut. COUNT FIVE (Negligence, Vangjel Barolli as against defendant Higgins) 20. Paragraphs 1 through 11 are hereby incorporated and made paragraphs 1 through

11 of this Count One, with the same force and effect as if fully set forth herein. 21. In the manner described above, the defendants Higgins and Huang negligently

carried out their duties as security personnel in violation of the common law of the State of Connecticut. COUNT SIX (Negligence, Ersiljo Barolli as against defendant Higgins) 22. Paragraphs 1 through 11 are hereby incorporated and made paragraphs 1 through

11 of this Count One, with the same force and effect as if fully set forth herein. 23. In the manner described above, the defendants Higgins and Huang negligently

carried out their duties as security personnel in violation of the common law of the State of Connecticut. COUNT FIVE (Negligence training & supervision, Vangjel Barolli and Ersiljo as against defendants Rommerro Farrah, Elm City Entertainment, LLC & the Alchemy Club)

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24.

Paragraphs 1 through 11 are hereby incorporated and made paragraphs 1 through

11 of this Count One, with the same force and effect as if fully set forth herein. 25. The defendant Farrah, and accordingly the companies he owns, Elm City

Entertainment and Alchemy Club, negligently failed to hire, train and supervise his security personnel, defendants Higgins and Huang and other unknown bouncers who also were involved in the scuffle and which caused the injuries described herein. WHEREFORE, the plaintiffs claim judgment against the defendants and each of them, jointly and severally, for compensatory damages, punitive damages, attorneys fees and costs. PLAINTIFFS, Ersiljo Barolli & Vangjel Barolli By:
/S/

Sally A. Roberts (ct24828) Law Office of Sally A. Roberts, LLC 11 Franklin Square New Britain, CT 06051 Tel: 860.384.6701 Fax: 860.920.5233 Cell: 860.328.0767 sallyroberts@sallyrobertslegal.com Their Attorney CERTIFICATION This is to certify that on January 24, 2013, a copy of the foregoing Amended Complaint was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Courts electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Courts CM/ECF System. /S/ Sally A. Roberts Sally A. Roberts (ct24828

Sally A. Roberts