Case 3:11-cv-01912-MPS Document 1 Filed 12/09/11 Page 1 of 8

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT GAIL COLBY, PLAINTIFF, VS. JOHN CARBONE, and the TOWN OF CLINTON, DEFENDANTS. : : : : : : : : : :

NO.

DECEMBER 9, 2011

COMPLAINT 1. This is an action for money damages to redress the deprivation by the defendants of rights secured to the plaintiffs by the Constitution and laws of the United States and the State of Connecticut. The defendant police officer subjected the plaintiff to unreasonable force and violation of the First Amendment in contravention of the Constitution and laws of the United States, and to assault and battery and the intentional infliction of emotional distress, in contravention of the laws of the State of Connecticut, invoked under this Court's supplementary jurisdiction. The defendant Town has incurred municipal liability for the constitutional violations of the individual defendant. 2. Jurisdiction of this Court is invoked under the provisions of Sections 1331, 1343(3) and 1367(a) of Title 28 and Sections 1983 and 1988 of Title 42 of the United States Code.

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3. During all times mentioned in this action, the plaintiff, Gail Colby, was a citizen of the United States residing in North Haven, Connecticut. 4. During all times mentioned in this action, the defendant John Carbone was a duly appointed officer of the Clinton, Connecticut Police Department, acting in his official capacity. He is sued, however, only in his individual capacity. 5. During all times mentioned in this Complaint, the defendant Carbone was acting under color of law, that is, under color of the Constitution, statutes, laws, charter, ordinances, rules, regulations, customs and usages of the United States, the State of Connecticut, and the Town of Clinton, Connecticut. 6. The defendant Carbone acted intentionally or recklessly, and with malice, ill will or improper motive. 7. At all times relevant to the instant complaint, the defendant Carbone was assigned to duty in or around the public entrance or exit of the Clinton Crossing Mall. 8. In the afternoon hours of November 27, 2009, at approximately 1:30 p.m., the plaintiff was in her motor vehicle, exiting the mall, and about to enter Route 81. 9. At that time, the defendant Carbone confronted the plaintiff. 10. Defendant Carbone ordered the plaintiff to stop her vehicle and to unroll her window. The plaintiff complied.

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11. Thereafter, the defendant Carbone instructed the plaintiff to turn her car in the opposite direction, reenter the mall property, and exit to Route 81 from a different exit. The plaintiff complied. 12. While turning her car around in compliance with the defendants instructions, the plaintiff exercised her First Amendment rights, and stated to herself, No wonder why people hate the fucking cops. 13. Upon overhearing this protected statement, despite the plaintiffs compliance with his orders, the defendant Carbone completely lost his temper. 14. The defendant Carbone struck the drivers side rear quarter panel of the plaintiffs vehicle with such force and violence that his blow caused a dent in the plaintiffs car, thereby, inter alia, committing assault and battery upon the plaintiff. 15. The defendant Carbone then screamed at the plaintiff, telling her that she would now be placed under arrest. 16. The defendant Carbone opened the plaintiffs car door and ordered her out of her car. The plaintiff complied. 17. Once out of the car, the defendant Carbone screamed at the plaintiff, telling her repeatedly to shut up. 18. While screaming at the plaintiff, the defendant Carbone shoved the plaintiff against her car with great force and violence, causing injury to the plaintiff.

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19. While shoving and screaming at the plaintiff, the defendant shouted instructions to other police officers, saying, I want her arrested! 20. As a result, the plaintiff was arrested. 21. At no time did the plaintiff offer any resistance to or interfere with the defendant in any way. 22. The force used by the defendant Carbone upon the plaintiff was unreasonable and excessive. 23. In the manner described above, the defendant Carbone subjected the plaintiff to unreasonable force in violation of her rights under the Fourth and Fourteenth Amendments to the United States Constitution. 24. As a consequence of the actions of the defendant, the plaintiff has suffered, inter alia, severe physical injury, harm and bruising, and has suffered great terror, fear, humiliation, indignity, anxiety, stress, emotional and mental upset, injury, loss of protected rights and severe pain and suffering. COUNT TWO 1.-22. Paragraphs 1-22 of Count One are hereby made Paragraphs 1-22 of Count Two. 23. The plaintiffs speech, as detailed herein, enjoys the protection of the First Amendment.

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24. The violent assault upon the plaintiff, and her subsequent arrest were motivated or substantially caused by the plaintiffs exercise of her First Amendment rights. Immediately after, and in response to the plaintiffs statement, No wonder why people hate the fucking cops, the defendant Carbone struck the plaintiffs vehicle, told her that she was now to be placed under arrest, and used excessive and unreasonable force upon her. The plaintiff was arrested and taken to jail. 25. The defendant Carbones violent assaults upon her, the defendants threat of arrest and/or the plaintiffs arrest actually chilled the plaintiffs exercise of her First Amendment rights. 26. In the manner described above, the defendant Carbone subjected the plaintiff to violation of her rights under the First Amendment to the United States Constitution, including retaliation for the exercise of such rights. 27. As a consequence of the actions of the defendant, the plaintiff has suffered, inter alia, severe harm, great terror, fear, humiliation, indignity, anxiety, stress, emotional and mental upset, injury and loss of her protected rights. COUNT THREE 1.-26. Paragraphs 1-26 of Count Two are hereby made Paragraphs 1-26 of Count Three. 27. The defendant Town of Clinton is the highest policy setting authority on matters related to the instant complaint, including, inter alia the hiring, training, 5

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supervision, investigation and discipline of its police personnel, including the defendant. 28. A municipal policy or custom exists in the defendant Town of Clinton as a result of the municipality's deliberate indifference to the violation of constitutional rights. 29. The actions and conduct of the defendant Town of Clinton evidence an official policy or custom which has caused the plaintiff to be subjected to a denial of one or more of her constitutional rights. 30. As such, the defendant Town of Clinton has incurred municipal liability. 31. As a consequence of the actions of the defendants, the plaintiff has suffered, inter alia, severe physical injury, harm, bleeding, swelling, bruising, cuts, scrapes and swelling, and has suffered great terror, fear, humiliation, indignity, anxiety, stress, emotional and mental upset, injury, loss of her rights and severe pain and suffering. COUNT FOUR 1.-26. Paragraphs 1-26 of Count Two are hereby made Paragraphs 1-26 of Count Four. 27. The actions of the defendants Carbone constitute assault and battery. 28. As a consequence of the actions of the defendants, the plaintiff has suffered, inter alia, severe physical injury, harm, bleeding, swelling, bruising, cuts, scrapes and swelling, and has suffered great terror, fear, humiliation, indignity, anxiety, stress, emotional and mental upset, injury, and severe pain and suffering. 6

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COUNT FIVE 1.-26. Paragraphs 1-26 of Count Two are hereby made Paragraphs 1-26 of Count Five. 27. The actions of the defendant Carbone were intentional. 28. The actions of the defendant Carbone were extreme and outrageous. 29. The actions of the defendant were intended to cause severe emotional distress. 30. As a direct and proximate result of the acts of the defendant as described herein the plaintiff has suffered severe emotional distress. 31. The actions of the defendant Carbone constitute the intentional infliction of emotional distress. WHEREFORE, the plaintiff claims judgment against the defendants as follows: As to defendant Carbone: A. Compensatory damages; B. Punitive damages; C. Double and treble damages; D. Attorney fees and the costs of this action; E. Such other relief as this Court shall consider to be fair and equitable. As to Defendant Town of Clinton: A. Compensatory damages; 7

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B. Attorney fees and the costs of this action; C. Such other relief as this Court shall consider to be fair and equitable.

CLAIM FOR JURY TRIAL The plaintiff claims trial by jury of all issues in this case.

THE PLAINTIFF

BY___________/s/____________________ WILLIAM S. PALMIERI Law Offices of William S. Palmieri, L.L.C. Federal Bar No. ct14361 129 Church Street, Suite 405 New Haven, CT 06510 (203) 562-3100 FAX: (203) 909-6006 Her Attorney