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Federal Jury awards 55k in CT

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  • Edward Peruta
    Junior Member
    • Mar 2009
    • 75

    Federal Jury awards 55k in CT

    The Jury awarded damages

    06/17/2011 76 JURY VERDICT For Plaintiff Against Defendant in the Amount of $55,000.00 in compensatory damages. (Gothers, M.) (Entered: 06/22/2011)

    06/22/2011 77 JUDGMENT entered in favor of Felipe Rodriguez against William Ciccosanti in the amount of $55,000.00 for compensatory damages, plus statutory interest from the date the Judgment is entered.

    Reports also suggest that in addition to the compensatory damages and interest, the court will be awarding Attorneys Fees to the Plaintiff.

    Read more:


    Defendants unlawfully detained, searched, harassed, accused, arrested, charged and falsely made statements against the plaintiff. Plaintiff is a resident of the u.s. Residing in new haven, Connecticut and is of full age, and is Hispanic of race. Co-defendant, William Ciccosanti, was a Police officer employed by the defendant, the West Haven Police Department and was the responding officer on duty at the time of the incident. Plaintiff was knowingly, yet


    UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

    ************************************************** *****

    FELIPE RODRIGUEZ CIVIL NO. 3:08CV00089 (AWT)

    V.

    CITY OF WEST HAVEN, OFFICER WILLIAM CICCOSANTI AND OFFICER WILLIAM OAKLEY, in their individual capacities

    MAY 13, 2008

    SECOND AMENDED COMPLAINT
    1. This is an action for money damages to redress the deprivation by the defendant and co-defendants of rights secured to the plaintiff by the constitution and laws of the United States and the State of Connecticut. The defendant and codefendants, without probable cause, unlawfully detained, searched, harassed, accused, arrested, charged and falsely made statementsCOUNT TWO:
    1-15. Paragraphs 1 through 15 of the First Count are hereby incorporated by reference and made Paragraphs 1 through 15 of the Second Count, as if fully set forth herein.

    16. The defendant, through its agents, servants and/or employees, subjected the plaintiff's person to false arrest based upon blatantly false and baseless accusations, which, upon a thorough investigation, would have been decreed as such.

    17. In addition, the aforementioned defendant, through the aforedescribed extreme and outrageous acts of its agents, servants and/or employees, along with the individual co-defendants, were responsible for causing the intentional infliction of emotional distress upon the plaintiff as they knew, or should have known, or should have reasonably anticipated that their actions, in wrongfully accusing, detaining, charging, arresting, incarcerating and subjecting the plaintiff to the criminal justice system as an accused criminal, would cause him to suffer severe emotional, psychological, as well as physical harm to his person.

    COUNT THREE:
    1-15. Paragraphs 1 through 15 of the First Count are hereby incorporated by reference and made Paragraphs 1 through 15 of the Third Count, as if fully set forth herein.

    16. In addition, said aforementioned defendant through the aforedescribed acts of its agents, servants and/or employees, along with each of the individual codefendants, were responsible for causing the negligent infliction of emotional distress upon the plaintiff as they knew, or in the exercise of reasonable care should well have known, that their actions in wrongfully and publicly accusing, detaining, assaulting, charging, arresting, incarcerating and subjecting the plaintiff to the criminal justice system as an accused criminal would and did cause him to suffer severe emotional, psychological, as well as physical harm to his person.

    COUNT FOUR:
    1-15. Paragraphs 1 through 15 of the First Count are hereby incorporated by reference and made Paragraphs 1 through 15 of the Fourth Count, as if fully set forth herein.

    16. The charges were issued against the plaintiff by the State’s Attorney’s office because of the direct request of the individual co-defendants. 17. The multiple charges of criminal conduct which were brought against the plaintiff were done so without any probable cause whatsoever.

    18. As there was no legal basis to establish probable cause for the arrest of the plaintiff with respect to the aforementioned charges, the individual codefendants’ actions were malicious in nature.

    19. In light of the aforedescribed conduct, the actions of the individual co-defendants constituted the tort of malicious prosecution.

    WHEREFORE, in light of all of the foregoing, the plaintiff claims judgment against the defendant and co-defendants jointly and severely as follows:


    a. Compensatory damages in an amount this Court shall consider just and reasonable;

    b. Punitive damages against the defendants and co-defendants in an amount this Court shall consider to be just and reasonable.

    c. Attorney's fees and reimbursement of the costs related to the bringing of this action;

    d. Such other relief as this Court shall consider to be fair and equitable.

    PLAINTIFF, FELIPE RODRIGUEZ
    Last edited by Edward Peruta; 07-04-2011, 4:20 AM.
  • #2
    anthonyca
    Calguns Addict
    • May 2008
    • 6316

    Wow. So the cops themselves have to pay this? Good post.

    We need to make the politicians pay for illegal laws.
    https://www.facebook.com/pages/Union...70812799700206

    Originally posted by Wherryj
    I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?

    Comment

    • #3
      The War Wagon
      I need a LIFE!!
      • Apr 2011
      • 10294

      Originally posted by anthonyca
      We need to make the politicians pay for illegal laws.
      OH that such were the case! The current crop in CONgress would be paying this much to EVERY constituent - per DAY - for the privilege of, "representing" us.

      From your lips to God's EARS!
      sigpic

      Comment

      • #4
        oldsmoboat
        Senior Member
        • Jul 2009
        • 1303

        Originally posted by anthonyca
        Wow. So the cops themselves have to pay this? Good post.

        We need to make the politicians pay for illegal laws.


        Do good recklessly

        Comment

        • #5
          choprzrul
          Calguns Addict
          • Oct 2009
          • 6544

          These decisions will have teeth and a real effect when the courts start taking a % of the offending officer's pension. I'm thinking 10-25% per officer per incident depending upon severity of civil rights violation.

          .

          Comment

          • #6
            ccmc
            Senior Member
            • May 2011
            • 1797

            Originally posted by choprzrul
            These decisions will have teeth and a real effect when the courts start taking a % of the offending officer's pension. I'm thinking 10-25% per officer per incident depending upon severity of civil rights violation.

            .
            That is an excellent point, and should be applied across the board to all politicians that enact laws determined to be unconstitutional. Doubt we'll ever see that happen though.

            Comment

            • #7
              jeep7081
              Senior Member
              • Nov 2009
              • 1534

              Nice post.
              -If you insult me for my grammar errors, what makes you think I understand the insult?
              -Play stupid games, win stupid prizes. Are we done
              -Voting is like falling off your bike. Sidewalk or street. Both are painful to fall on. But, the sidewalk (Mitt) is closer to the green grass.

              Comment

              • #8
                uyoga
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Sep 2010
                • 681

                Correct. Until the person individually responsible for the intentional act is forced to individually respond in damages, these incidents will continue to occurr.

                Ordinary negligence, in my opinion, (as long as it doesn't rise to the level of gross negligence) can continue to be covered by insurance.
                sigpic Non verbis sed operis

                Comment

                • #9
                  Kid Stanislaus
                  Veteran Member
                  • Dec 2008
                  • 4419

                  As I read the article Rodriquez does not appear to be all that innocent. If the facts presented are true then its fairly obvious he's lying about his language skills. I'd bet my next paycheck he was guilty as charged.

                  r3dn3ck wrote: "ahh another one that convicts based on assumption. Well, the thing is, he's not guilty so sayeth the court. Read the part of law that says "innocent until proven guilty". The cop did the wrong here."

                  Please address the problem I mentioned with his alleged poor language skills. The guy's a liar, at a minimum.
                  Last edited by Kid Stanislaus; 07-04-2011, 2:09 PM. Reason: elucidation
                  Things usually turn out best for those who make the best of how things turn out.

                  Comment

                  • #10
                    r3dn3ck
                    Banned
                    • Feb 2010
                    • 1900

                    ahh another one that convicts based on assumption. Well, the thing is, he's not guilty so sayeth the court. Read the part of law that says "innocent until proven guilty". The cop did the wrong here.

                    Comment

                    • #11
                      fleegman
                      Member
                      • Mar 2008
                      • 175

                      I automatically assume the police are lying whenever ANYONE is charged with public nuisance/disorderly conduct/recklass behavior, obstructiong/resisting an officer/assault on an officer. There are far far too many cases of people charged with these crimes, only to have them tossed "after video surfaces of the incident" showing the citizen did nothing wrong. Google the police beating of Maryland student John McKenna by police. He was savagely beaten by at least 3 cops who then charged the 21 year old with multiple felonies to cover-up their thuggish behavior. Too bad for the cops everyting was caught on tape, including what came before. If not for the tape, this kids life would probably be ruined. The FBI is now investigating.

                      How many innocent people over decades have had their lives ruined by these lying thugs? We'll never know, but it is clear there are far too many of them.

                      And if you think these are just a "few bad apples", then go over to the forums of officer.com or policeone.com and read what police officers are saying everyday. Regarding the videotaping of LEO by citizens, one cop seriously suggests shooting camera wielding citizens and then later claiming you thought the camera was a gun. Then, he suggests, citizens will "wise up" and leave the LEO "alone". Here is the link:

                      BATF agent: "We're with the Bureau of Alcohol, Tobacco and Firearms."
                      Arms dealer: "Let me guess... this isn't about the alcohol or tobacco."
                      ~ Lord of War

                      "One person can make a difference.... but sometimes they shouldn't".
                      ~ Marge Simpson

                      sigpic

                      Comment

                      • #12
                        lrdchivalry
                        Senior Member
                        • Nov 2007
                        • 1031

                        Originally posted by fleegman
                        I automatically assume the police are lying whenever ANYONE is charged with public nuisance/disorderly conduct/recklass behavior, obstructiong/resisting an officer/assault on an officer. There are far far too many cases of people charged with these crimes, only to have them tossed "after video surfaces of the incident" showing the citizen did nothing wrong. Google the police beating of Maryland student John McKenna by police. He was savagely beaten by at least 3 cops who then charged the 21 year old with multiple felonies to cover-up their thuggish behavior. Too bad for the cops everyting was caught on tape, including what came before. If not for the tape, this kids life would probably be ruined. The FBI is now investigating.

                        How many innocent people over decades have had their lives ruined by these lying thugs? We'll never know, but it is clear there are far too many of them.

                        And if you think these are just a "few bad apples", then go over to the forums of officer.com or policeone.com and read what police officers are saying everyday. Regarding the videotaping of LEO by citizens, one cop seriously suggests shooting camera wielding citizens and then later claiming you thought the camera was a gun. Then, he suggests, citizens will "wise up" and leave the LEO "alone". Here is the link:

                        http://tinyurl.com/3hb9q69
                        I read the responses on policeone.com and was not suprised. The usual excuse I hear to justify these their attitudes towards the public is "officer safety".

                        My response to the comments was the following:
                        "The hypocrisy from some of the officers here is shameful with one even advocating the murder of members of the public (and please don't try the excuse of "where did I advocate the murder of citizens" game,I know what the insinuation of "When enough of THIS happens:*BANG*"I thought he was pointing a gun at me."
                        They might start wising up and leaving us alone." means). It's no wonder the public no longer trusts leo's. Leo's love to use the "if you have nothing to hide then you should have no problem with me searching your car" line when they don't have PC to search a car, well, if you have nothing to hide then you should have no problem with someone filming you. Leo's use camera's to protect themselves, allow shows like COPS or Police POV to film them with no complaints but want to balk at private citizens filming them. Remember we are public servants and when we start thinking that we are above public scrutiny (which seems to be the case based on comments to this story)then we have started down the road to a police state and violate the very oath to defend the Constitution we all took."

                        Some leo's may not agree with my response but if we look at the abuses popping up on youtube or reports generated by organizations such as the CATO Institute a pattern of abuse is emerging (IMHO).
                        Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
                        --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

                        Comment

                        • #13
                          CCWFacts
                          Calguns Addict
                          • May 2007
                          • 6168

                          Originally posted by anthonyca
                          Wow. So the cops themselves have to pay this?
                          No...

                          Originally posted by oldsmoboat
                          "The $55,000 finding will be paid for in part by the city’s insurance carrier, and in part by the city, Nietzel said. The cost breakdown was not immediately available."

                          http://nhregister.com/articles/2011/...b306089445.txt
                          Exactly. All cops (and really any employee, public or private sector who has liability risks) have liability insurance coverage as part of their employment agreements. Think about doctors for example: they all have malpractice insurance through their employers. Same type of thing. The insurance company (and therefore, indirectly, the taxpayers) eat it. Would be nice if there were some consequences to the individual officers, but there won't be.
                          "Weakness is provocative."
                          Senator Tom Cotton, president in 2024

                          Victoria "Tori" Rose Smith's life mattered.

                          Comment

                          • #14
                            scarville
                            CGN/CGSSA Contributor
                            • Feb 2009
                            • 2325

                            Originally posted by fleegman
                            And if you think these are just a "few bad apples", then go over to the forums of officer.com or policeone.com and read what police officers are saying everyday. Regarding the videotaping of LEO by citizens, one cop seriously suggests shooting camera wielding citizens and then later claiming you thought the camera was a gun. Then, he suggests, citizens will "wise up" and leave the LEO "alone". Here is the link:

                            http://tinyurl.com/3hb9q69
                            I'd like to say I was surprised by that but I'm not anymore.

                            IBTL/D
                            Politicians and criminals are moral twins separated only by legal fiction.

                            Comment

                            • #15
                              wash
                              Calguns Addict
                              • Aug 2007
                              • 9011

                              I'm not sure that taking away pensions would fly but if you could take away the vesting in the pension, that would be interesting.

                              On the down side it would keep lousy cops on the street (or hopefully behind a desk) longer but on the positive side, cops would have to learn how to respect citizens rights or else forget about ever being able to retire.
                              sigpic
                              Originally posted by oaklander
                              Dear Kevin,

                              You suck!!! Your are wrong!!! Stop it!!!
                              Proud CGF and CGN donor. SAF life member. Former CRPA member. Gpal beta tester (it didn't work). NRA member.

                              Comment

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