Case 3:12-cv-01486-MPS Document 1 Filed 10/16/12 Page 1 of 8

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARK B. JOHNSON, Plaintiff, vs. ) ) ) ) CASE NO.: ) ) ) ) ) )

TOWN OF CLINTON, JOSEPH FAUGHNAN, in his capacity as Chief of Police, SUZANNE KOSEROSKI, Defendants.

COMPLAINT INTRODUCTION

This is an action for money damages to redress the deprivation by the Defendants of rights secured to the Plaintiff by the Constitution and laws of the United States and the State of Connecticut. In the early evening of October 17, 2009, the Plaintiff was subjected to the use of excessive force by a Clinton police officer.

PARTIES

1. Plaintiff, Mark B. Johnson (hereinafter referred to as Plaintiff and/or Mr. Johnson) is a resident of Clinton, Connecticut. 2. Defendant, Town of Clinton, was a municipal corporation, duly organized and existed under the laws of the State of Connecticut. The Clinton Police Department was and is an agency of the Defendant, Town of Clinton. 3. Defendant, Joseph Faughnan, was the Chief of Police (hereinafter Chief of Police) at all times relevant to this action. 4. Defendant, Suzanne Koseroski (hereinafter Officer Koseroski) was a Clinton Police Officer at all times relevant to this action.

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JURISDICTION

5. Jurisdiction of this Court is invoked under the provisions of 1331, 1343(3) and 1367(a) of Title 28 and 1983 and 1988 of Title 42 of the United States Code, and under the pendent jurisdiction of this court with respect to the causes of action arising under state law.

FACTUAL BACKGROUND

6. On October 17, 2009, Mr. Johnson was residing at 51 Jefferson Circle, Clinton, CT (the Residence). 7. Mr. Johnson and Officer Koseroski were neighbors for a number of years. 8. As a result of Mr. Johnson and Officer Koseroski being neighbors for a number of years; Mr. Johnson is familiar with Officer Koseroski and upon information and belief, Officer Koseroski is familiar with Mr. Johnson. 9. At approximately 8:00 p.m., Mr. Johnson was returning to the Residence. 10. While en route to the Residence, Mr. Johnson observed a crashed vehicle at the intersection of Lincoln Road and Cedar Hill (less than one (1) mile from the Residence) (the Scene). 11. Mr. Johnson stopped his vehicle and promptly checked the crashed vehicle for any injured persons. 12. While checking for injured persons, Officer Koseroski pulled up in a mini-van to the Scene. 13. Officer Koseroski was accompanied by Mr. Catalano and her children.1 14. Mr. Catalano approached Mr. Johnson at the scene and they discussed the crashed vehicle. 15. Officer Koseroski stepped out of her vehicle at the scene and immediately pointed her gun directly at Mr. Johnson and ordered him to the ground.

Mr. Catalano resided with Officer Koseroski for a significant period of time while she was neighbors with Mr. Johnson.

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16. In imminent fear of his life, Mr. Johnson complied while attempting to identify himself. 17. Officer Koseroski made no attempt to identify Mr. Johnson despite the fact that Officer Koseroski should have been able to readily identify Mr. Johnson and his vehicle. 18. Officer Koseroski was not on duty, was not dressed as a police officer and did not identify herself as a police officer.2 19. Rather than make any attempt to identify Mr. Johnson, Officer Koseroski shouted, dont freaking move I have a gun to your back. Officer Koseroski held her gun aimed at Mr. Johnson for a period of approximately three (3) minutes.3 20. Mr. Johnson informed the Town of Clinton and Chief of Police of the above described incident. Upon information and belief, the Town of Clinton and Chief of Police failed to properly address such complaint. COUNT ONE (Unreasonable Force) 21. The Plaintiff incorporates by reference all allegations set forth in Paragraphs 1 through 20 above as if fully set forth and realleged herein. 22. The acts and omissions of said Defendants, including but not limited to, the use of excessive force, constituted unreasonable and unnecessary force which violated rights secured to the Plaintiff by the Fourth, Fifth and Fourteenth Amendments to the United States Constitution in violation of U.S.C. 1983. 23. As a direct and proximate result of the acts and omissions of the Defendants herein described, the Plaintiff suffered extensive physical and emotional pain, fear, and anguish all to his detriment and in addition he has suffered the loss of all the constitutional rights described herein.

Upon information and belief, in October, 2009, Officer Koseroski was on an unknown leave from the Clinton Police Department. 3 Upon information and belief, in 2007 Officer Koseroski improperly utilized her firearm by pulling her gun on her boyfriend during a domestic dispute which occurred at the police department.

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COUNT TWO (Supervisory Claims) 24. The Plaintiff incorporates by reference all allegations set forth in Paragraphs 1 through 23 above as if fully set forth and realleged herein. 25. At all times referenced herein, Defendant Chief of Police, was the duly appointed and acting Chief of Police in charge of the police department of the Town of Clinton. 26. Defendant, Chief of Police, was at all times relevant hereto responsible for training and supervising his police officers in the performance of their duties. 27. Upon information and belief, Defendant, Chief of Police, failed to train and supervise Officer Koseroski in connection with proper procedures and use of force. 28. Upon information and belief, Defendant, Chief of Police failed to discipline Officer Koseroski who had engaged in violations of the constitutional rights of Mr. Johnson. 29. The injuries suffered by Mr. Johnson were a direct and proximate result of the deliberate indifference of Defendant, Chief of Police to the rights, privileges and immunities of its citizens and the application of the use of force procedures by Officer Koseroski who was carrying out the unconstitutional practices, customs or usage of the Town of Clinton. 30. Said policy of deliberate indifference deprived Plaintiff of his rights secured by the Fourth, Fifth and Fourteenth Amendments to the U.S. Constitution in violation of 42 U.S.C. 1983.

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COUNT THREE (Assault and Battery With a Deadly Weapon as to Suzanne Koseroski) 31. The Plaintiff incorporates by reference all allegations set forth in Paragraphs 1 through 30 above as if fully set forth and realleged herein. 32. By virtue of the foregoing, Officer Koseroski assaulted the Plaintiff with a deadly weapon, injuring him. COUNT FOUR (Intentional Infliction of Emotional Distress as to Officer Koseroski) 33. The Plaintiff incorporates by reference all allegations set forth in Paragraphs 1 through 32 above as if fully set forth and realleged herein. 34. As a result of the intentional excessive force and life threatening actions of Officer Koseroski, the Plaintiff has been subject to extreme emotional disturbance, nightmares, anxiety, fear and discomfort all to his detriment. 35. The foregoing injuries are the direct result of the extreme and outrageous conduct of Officer Koseroski. 36. The emotional distress sustained by the Plaintiff was severe. 37. By virtue of the foregoing, Officer Koseroski inflicted upon the Plaintiff severe emotional distress. 38. As a result of Officer Koseroskis conduct, the Plaintiff claims damages.

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COUNT FIVE (Monell Claim as to Defendant, Town of Clinton) 39. The Plaintiff incorporates by reference all allegations set forth in Paragraphs 1 through 38 above as if fully set forth and realleged herein. 40. Defendant, Town of Clinton, is a municipal subdivision and as such is a suitable Defendant for Monell liability. 41. By virtue of the foregoing, the Town of Clinton violated Plaintiffs rights under the First, Fourth, Fifth and Fourteenth Amendments to the United States Constitution for its acts/omissions. 42. As a direct result of the facts and allegations set forth herein, the Plaintiff has suffered and will in the future continue to suffer injuries of a personal and pecuniary nature including extreme emotional distress, permanent personal injuries and damages.

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WHEREFORE, the Plaintiff claims judgment against the Defendants and each of them, jointly and severally as follows: A. Compensatory damages in an amount this Court shall consider to be just and fair; B. Punitive damages in an amount this Court shall consider to be just and fair; C. Attorney fees and the cost of this action; D. Such other relief as this Court shall consider to be fair and equitable. Plaintiff, Mark B. Johnson, /s/ Andrew R. Bilodeau Andrew R. Bilodeau, Esq. #ct28851 Kelly A. Carden, Esq. #ct28664 Cohn Dussi & Bilodeau, LLC 51 Jefferson Blvd., Suite 2 Warwick, RI 02888 v. (401) 461-7700 f. (401) 633-7511 kcarden@cdandblaw.com Date: October 16, 2012

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARK B. JOHNSON, Plaintiff, vs. ) ) ) ) CASE NO.: ) ) ) ) ) )

TOWN OF CLINTON, JOSEPH FAUGHNAN, in his capacity as Chief of Police, SUZANNE KOSEROSKI, Defendants.

CLAIM FOR JURY TRIAL In the above captioned case, the Plaintiff respectfully claims a trial by jury. Plaintiff, /s/ Andrew R. Bilodeau Andrew R. Bilodeau, Esq. #ct28851 Kelly A. Carden, Esq. #ct28664 Cohn Dussi & Bilodeau, LLC 51 Jefferson Blvd., Suite 2 Warwick, RI 02888 v. (401) 461-7700 f. (401) 633-7511 kcarden@cdandblaw.com Date: October 16, 2012