Case 3:10-cv-01692-AWT Document 2 Filed 10/26/10 Page 1 of 28

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

MARCIA CHACON; WILFRIDO MATUTE; Fr. JAMES MANSHIP; SEGUNDO AGUAYZA; JOSE LUIS ALBARRACIN; WELINTON SALINAS; JOHN ESPINOSA; GUIDO XAVIER CRIOLLO; EDGAR TORRES; and
YADANNY GARCJA;

Plaintiffs,

VS.

Civil Action No.

EAST HAVEN POLICE DEPARTMENT; TOWN OF EAST HAVEN, CHIEF LEONARD GALLO, individually and in his official capacity; OFFICER DENNIS SPAULDING, individually and in his official capacity; OFFICER DAVID CARI, individually and in his official capacity; OFFICER JASON ZULLO, individually and in his official capacity; OFFICER VINCENT FERRARA, individually and in his official capacity; OFFICER DAVID OLSON, individually and in his official capacity; SERGEANT FRANK MONTAGNA, individually and in his official capacity; SERGEANT EDWARD LENNON, individually and in his official capacity; OFFICER MICHAEL SORBO, individually and in his official capacity; OFFICER CHERYL CONYERS, individually and in her official capacity; JOHN DOES 1-10, individually and in their official capacity,
Defendants.

October 26, 2010

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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Introduction

1.

The Town of East Haven and its police department have engaged in a campaign of

racial profiling against Latino men and women, singling them out for harassment and worse, and

then retaliating against those who dared to oppose or even investigate their misconduct. This is

an action to enforce the rights of the targets of that campaign. As this complaint details, the

profiling has included not only hundreds of traffic stops but also more aggressive and violent

conduct such as beatings, use of Tasers, false and illegal arrests, conspicuous shows of force

designed to disrupt commerce, and even raids of legitimate business, all for the purpose of

intimidating the Latino community. These practices have continued for years without the Town

or Police Department acting to check them; just the reverse, the Town and Police Department have promoted continued profiling and have refused to adopt even basic policies - used by police

departments large and small throughout the nation - necessary to assure evenhanded law enforcement. Plaintiffs are only a few of the many victims of this campaign. They seek damages for their individual injuries and injunctive relief to require the Town and the Police Department

to stop the profiling campaign and to comply with basic principles of American law enforcement that they have systematically ignored for years.

Jurisdiction and Venue

2.

Plaintiffs bring this case pursuant to the First, Fourth, and Fourteenth

Amendments to the United States Constitution, 42 U.S.C. § 1983, Title VI of the Civil Rights

Act of 1964, 42 U.S.C. §§ 2000d, el seq., and the Constitution and laws of the State of

Connecticut. Jurisdiction is conferred on this court by 28 U.S.C. §§1331 and 1343 and 42

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U.S.C. § 1983; supplemental jurisdiction over the state law claims is conferred by 28 U.S.C. §

1367.

Parties

3.

Plaintiffs Marcia Chacon, Wilfrido Matute, Jose Luis Albarracin, Welinton

Salinas, John Espinosa, Guido Xavier Criollo, Yadanny Garcia, Segundo Aguayza, and Edgar Torres are Latinos whom the defendants targeted on account of their race and ethnicity. Plaintiff

Fr. James Manship, a Roman Catholic priest, was targeted by Defendants because of his

advocacy on behalf of Latinos in East Haven.

4.

At all times relevant to this complaint, all the individual defendants were sworn

members of the East Haven Police Department.

5.

Defendant Leonard Gallo was the Chief of the Department. As such, he was

at all times relevant to this complaint the administrative head of the Department, responsible for

administering, coordinating and controlling the operations of the Department and for the overall

supervision and direction of all its activities. Chief Gallo was specifically responsible, either

directly or in a supervisory capacity, for: (a) the supervision, training, discipline and control of

persons working for the Department, including the other individual defendants; (b) the

establishment and enforcement of policies and practices concerning the fair and equal treatment

of all members of the public; and (c) ensuring in particular that the Department's conduct was

free from discrimination or profiling based on race or ethnicity.

6.

At all times relevant to this complaint, defendants Frank Montagna and Edward

Lennon were sergeants in the Department. As such, they were responsible not only for

complying with the law but also for (a) the supervision and control of officers under their

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command, including other defendants; (b) the enforcement of policies and practices concerning

the fair and equal treatment of all members of the public; and (c) ensuring in particular that the

conduct of officers under their command was free from discrimination or profiling based on race

or ethnicity.

7.

Defendants Dennis Spaulding, Jason Zullo, David Cari, Vincent Ferrara, David

Olson, Michael Sorbo, and Does 1 -10 were sworn members of the East Haven Police

Department.

8.

The true names and capacities of Defendants Does 1-10 are presently unknown

to Plaintiffs. Plaintiffs therefore sue Defendants Does 1 - 10 by fictitious names and will seek

leave to amend this complaint to add their true names and capacities.

9.

Defendant Town of East Haven ("the Town") is a Connecticut municipality

organized under the laws of the State of Connecticut. At all relevant times, it employed,

supervised, and directed the conduct of individual defendants.

10. Defendant East Haven Police Department ("the Department") employs and is

responsible for the conduct of all the individual defendants. It has been and is now a recipient of

financial assistance from the federal government, and is therefore subject to the

nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 ("Title VI").

11. At all times relevant to this complaint, each of the individual defendants was

acting in the course and scope of his employment with the Town and under color of law.

FACTS

Overview - East Haven's Police Department Is in a Shambles

12. East Haven is a town bordering a city, New Haven, which has a large Latino and

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African-American population. East Haven itself has a much lower proportion of minority

residents, and it has a history of violent, race-based lawlessness directed at racial minorities. In a

case that is still pending, the Town has been held liable for a policy and custom of deliberate

indifference to the rights of people of color that led to the fatal police shooting of an African-

American man named Malik Jones near East Haven's border with New Haven. More recently,

East Haven's Latino population has begun to grow, sparking resentment and lawlessness in its

police department.

13.

In response to the legal finding more than seven years ago that the Department's

own policy and custom caused the death of an African-American man on the basis of his race, the

Town did nothing to reform the Department. On the contrary, as the Latino population of East

Haven has grown, that community has become a focus of police profiling. The United States

Department of Justice is conducting an investigation into racial profiling of Latinos and has now notified the Town that the Department is in a shambles, with no modern rules of conduct for

officers, no check on their use of force, inadequate training, and no functioning citizen complaint

system.

Statistical Evidence of Large Scale Racial Profiling

14. A review of traffic stops points to both wholesale racial profiling and either an equally widespread effort to cover it up or a complete breakdown of systems for preventing the practice. A review of the 376 tickets issued on Route 80 and Main Street in East Haven between June 1, 2008 and February 28, 2009 shows that while Latinos constitute just six percent of all East Haven residents, nearly 60 percent of tickets were issued to drivers with Hispanic names. This difference of more than 50 percentage points between the number of presumptively Latino

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drivers being stopped and their representation in the East Haven population is well outside the five-point rate of disproportionality considered acceptable by Connecticut's Chief State's
Attorney.
15. Connecticut has laws designed to identify and deter racial profiling. Since the year 2000, the Connecticut legislature has imposed reporting requirements in order to combat racial profiling and pretextual traffic stops. Police departments are required by state law to submit reports to the Chief State's Attorney, who in turn must provide a report to the Governor and General Assembly to ensure that law enforcement agencies are proactively monitoring the activities of individual officers in order to guard against the possibility that enforcement decisions are being based on race or ethnicity.
16. The Town and the Police Department have systematically violated that law in order to mask the racial profiling that the law was designed to detect. While nearly 60 percent of the group of 376 tickets referred to in paragraph 14 above were given to persons with Hispanic names, the Department recorded that fewer than five percent of those persons were Hispanic.
"They Can Park in New Haven and Walk" 17. Plaintiffs Wilfrido Matute and Marcia Chacon own My Country Store, a small grocery on Main Street in East Haven. They started the store in 1999 with their life savings.
Since the store opened for business they have each worked approximately 80-90 hours per week in the store. The store primarily serves the Latino community of East Haven and New Haven. Like such small local stores everywhere, it is not only a commercial establishment but also a neighborhood center where people talk and visit. It is an important institution in the Latino
community.

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18. In or around early September 2008, defendant Spaulding began parking outside

My Country Store and stopping Latino customers, ticketing Latino customers, and removing

license plates from cars belonging to Latino customers. 19. Shortly thereafter, plaintiff Matute spoke to Officer Spaulding, telling him that the

conduct described above was driving away Latino would-be customers because people were

afraid of being randomly stopped or detained while shopping.

20.

Spaulding told Mr. Matute that driving people away was just what he had in mind,

telling them that he did not want Mr. Matute's customers parking at the store. Instead, he said,

"they can park in New Haven and walk." The New Haven border is a mile away from My

Country Store.

21.

Between September 2008 and the Summer of 2009, Spaulding staked out My

Country store many times - stopping, harassing, and ticketing Latino drivers and customers in an

effort to drive away Latino shoppers and destroy the Chacon-Matute family business.

"I'll Tell You What I'm Going To Do with That Camera."

22.

Like many owners of small stores, plaintiffs Chacon and Matute put numerous old

license plates on the back wall of their store as decoration. On February 19,2009, defendants

Spaulding, Cari, and Does 1 -3 entered the store. With no warning or legitimate reason, and

without a warrant or the consent of plaintiffs Chacon and Matute, they ordered Matute to remove

all the license plates from the wall and subsequently confiscated them.

23. Defendants Cari and Spaulding gave plaintiffs Chacon and Matute citations

charging four counts of Failure to Return Cancelled or Abandoned plates, a misdemeanor

offense.

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24. During the raid, plaintiff Fr. Manship received a phone call that members of the Police Department, including defendants Cari and Spaulding, were involved in some kind of incident at My Country Store.
25. Fr. Manship went to the store with a video camera and began to film the defendants' activities.
26. Defendant Cari asked Fr. Manship why he was filming. When Fr. Manship replied that he was taking a video of what was going on. Cari responded, "Well, I'll tell you what I'm going to do with that camera."
27. The defendants then confiscated the camera and handcuffed and arrested Fr. Manship. They detained and interrogated him about his allegedly criminal conduct. They later charged him with Disorderly Conduct and Interfering with a Police Officer.
28. As they were leaving the store, Defendants Spaulding, Cari, and Does 1-3 realized that their illegal activities had been recorded on the store's surveillance video. The defendants returned to My Country Store and, again with no warrant or consent from the store owners, rifled through the store's backroom office, searching for the surveillance camera footage.
29. The defendants' plan failed, though not for lack of trying; they were unable to figure out how to remove or destroy the surveillance video, and in fact the video had captured their illegal activity.
30. Defendant Cari then covered up the defendants' conduct. In the police report he filed about the incident, he wrote that he did not know that Fr. Manship had a camera. He even referred to the camera as an "unknown, shiny silver object," implying that he acted because the camera may have been a weapon. In fact, Cari knew perfectly well that the camera was a camera
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and said so - on camera.

31. The charges against plaintiffs Chacon and Matute were all nolled.

32.

The charges against Fr. Manship were all dismissed.

33. Defendants' conduct toward plaintiff Fr. Manship described in paragraphs 26-30

above was intended to punish and deter his observing and reporting on their activities and his

efforts to oppose official misconduct committed against the Latino community. These activities

are protected by the First and Fourteenth Amendments.

34. As a result of Defendants' conduct, Fr. Manship suffered distress and anxiety, and

he was forced to defend himself against baseless criminal charges.

35.

Shortly after the February 19 raid, Plaintiffs Chacon and Matute met with the

press and federal investigators to tell them about what was happening to their business and

specifically about the raid.

36. After they did so, a group of East Haven police patrol cars spent hours one

evening circling back and forth in front of the store. Plaintiffs Matute and Chacon closed the

store, went to their car, and pulled out onto the street. Defendant Zullo immediately stopped and

questioned them. His reason for doing so was to intimidate them in retaliation for speaking out

about the raid.

37. The Defendants' conduct described in paragraphs 18-34 and 36 above was

based on the race and ethnicity of plaintiffs Chacon and Matute and their customers.

38. Shortly after the February 19 raid, defendant Gallo, the Town, and the Department

were well aware of what had occurred and the unlawful and unconstitutional misconduct of

defendants Spaulding, Cari, Zullo, and Does 1-3. Nevertheless, they took no action to address

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the defendants' misconduct or to prevent the recurrence of similar misconduct based on race and

ethnicity.

39.

As a result of having their business targeted by this race-based harassment

campaign, plaintiffs Chacon and Matute have been damaged; they have lost customers and

revenue, and their store's ability to serve as a community destination has been harmed. They

have also suffered emotional distress and anxiety about the threatened destruction of the family

business they have worked years to build.

"Too Many Immigrants Living Here Brings Down the Value of Houses."

40.

At all times relevant to this action, plaintiff Segundo Aguayza has owned a small

multi-family house in East Haven.

41.

Aguayza lives on the first floor of that house with his wife and children, while

renting out the two floors above.

42.

At all times relevant to this complaint, the tenants in the apartments were Latino.

43.

Between March 2008 and January 2009, East Haven police officers, including

defendants Spaulding and Zullo, repeatedly came through the Aguayza family's front door,

sometimes without even announcing their presence or asking permission to enter. They came

during the day while plaintiff Aguayza was at work, demanding identification of whomever they

could find at home. On each of these occasions, the officers entered without a warrant, the

consent of the residents, or the presence of exigent circumstances.

44. Spaulding and Zullo kept coming to the house in order to drive plaintiff Aguayza

and his Latino tenants out of their house and out of town.

45. The officers gave pretextual reasons for barging into the house, sometimes

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claiming that the neighbors complained about noise from Mr. Aguayza's cocker spaniel,

sometimes claiming that there were too many cars in the driveway. At no time did the officers

display a warrant or secure the consent of the residents to search the home.

46. During one of these illegal intrusions, one of the officers told plaintiff Aguayza's

wife, in front of their children, to "go back to your country."

47. Plaintiff Aguayza's family and tenants were frightened by these intrusions.

48. On January 9, 2009, Defendant Spaulding drove his car into Mr. Aguayza's

backyard, where other cars were parked. An animal control officer pulled up at the same time,

purportedly because of the cocker spaniel.

49. Defendant Spaulding told Mr. Aguayza that there were too many cars in the back

yard and that they would be towed. He added that having too many immigrants living there

brings down the value of the houses. On his way off the property at the end of the encounter,

Spaulding told Mr. Aguayza to "get a lawyer."

50.

Despite Spaulding's threat, no tow trucks came to the property; the animal control

officer did not issue a citation; and the cocker spaniel stayed quietly in the basement throughout

the episode.

51. The defendants' conduct described in paragraphs 43 - 49 above was based on

the race and ethnicity of plaintiff Aguayza, his family, and his tenants.

52. As a result of this harassment, Plaintiff Aguayza has suffered emotional distress,

both on account of the defendants' treatment of him and because of his fear of what the

defendants and other members of the Department might do to him or his wife and children.

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"F ing Spanish"

53.

On January 21,2009, at around 10:00 p.m., Plaintiffs John Espinoza, Welinton

Salinas, Jose Luis Albarracin, and Guido Xavier Criollo were traveling in Plaintiff Salinas1 car to

get dinner at La Bamba Restaurant on Main Street in East Haven.

54. The four drove down High Street and stopped at the intersection of Forbes Place

and Main for a red light.

55.

Defendant Spaulding was a well-known figure on Main Street, especially to

Latinos, and for good reason: among other actions, some of which are detailed in this complaint,

75 percent of Spaulding's citations during that January and February were given to people with

Hispanic names, in a town with a six-percent Latino population.

56. A patrol car containing Spaulding and Defendant Doe 4 passed Plaintiffs

as they were stopped at the intersection, and Spaulding took a long look at Plaintiffs and

identified them as Latino.

57. Plaintiffs' car signaled and turned onto Main Street toward the restaurant.

58. Spaulding's patrol car then swerved, made a u-turn, and sped up to closely follow

Plaintiffs' car.

59. When plaintiff Salinas, the driver, signaled and turned into the restaurant's parking lot, Spaulding's patrol car switched on its lights and pulled up behind their parked car.

60. Spaulding approached the car and asked plaintiff Salinas for a driver's license. Plaintiff Salinas told Spaulding he didn't have a license.

61. Plaintiff Criollo offered to show Spaulding his license. Spaulding grabbed it, exclaimed "F ing Spanish," and threw the license back in Criollo's face.

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62. Another patrol car pulled up. Defendant Doe 4 came out of the second car,

banged on plaintiff Criollo's window, and told him to get out of the car. Doe 4 frisked plaintiff

Criollo, then took his license and threw it on the ground.

63. When plaintiff Albarracin asked Doe 4 why he had thrown Criollo's license on the

ground, Doe 4 responded by arresting Albarracin.

64. Doe 4 told plaintiff Criollo to go home. When Criollo told Doe 4 he wanted his

license back and started searching on the ground for it, Doe 4 handcuffed and arrested him.

When Plaintiff Espinoza asked Doe 4 why he had arrested Criollo, Spaulding and Doe 4 arrested

him. Plaintiff Salinas said nothing, but Spaulding and Doe 4 arrested him anyway.

"But Who Saw You Get Hit?"

65.

Defendants Does 5 and 6 drove plaintiff Criollo to the police station. When

Criollo asked why he was arrested, Doe 5 sprayed him in the face with Cap-Stun, a Mace-like

substance. When they arrived at the police station, Doe 5 opened the back door and punched

Criollo in the face. Defendant Doe 5 continued to punch Criollo as he dragged him to the cell.

Does 6, 7, and 8 watched these attacks take place and could have intervened, but instead did

nothing.

66.

Does 5, 6, 7, and 8 took Plaintiff Albarracin to a cell, separately from plaintiff

Criollo. Albarracin told the officers he did not understand why he had been arrested. Doe 5,

clutching Albarracin's hair and collar, hit Albarracin's head against the concrete wall twice.

When Albarracin fell to the floor and cried out for help, Doe 5 asked him if he was a baby.

67.

Defendant Doe 9 came into the room and told Doe 5 to stop what he was doing.

Doe 9 picked Albarracin up off the floor. Albarracin told Doe 9 that Doe 5 had hit him and

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thrown him against the wall. Doe 9 replied "But who saw you get hit?" and Doe 5 and Doe 9

laughed.

68.

Plaintiff Albarracin asked Defendant Doe 10 to send a doctor because his head

hurt. Doe 10 said "[a]migo, that is impossible." When Albarracin asked why, Doe 10

responded, in effect, "because you're in jail."

69.

When Albarracin then grabbed the cell bars and called out that he wanted to see a

doctor, Doe 5 turned off the light that illuminated Albarracin's cell, came toward him and

gestured as if he was going to punch him. Doe 5 then grabbed the front of Albarracin's shirt and

ripped it completely open, telling him to "shut the f up!"

70. Soon thereafter, Spaulding entered the room, exclaimed loudly in broken Spanish,

roughly, "Que bonita la siesta amigos tonight" [approximately translated: "What a nice nap you

are going to have tonight, my friends"], and laughed.

71. Plaintiff Criollo, nose bleeding, was placed in a cell close enough to plaintiff

Albarracin to hear the police beating Albarracin, to hear him calling on them to stop, and to hear

Spaulding mock Albarracin in broken Spanish.

72. Plaintiff Salinas was eventually placed in a cell at the police station after the

police took his shoes and jacket. Plaintiff Criollo was already there with a bloody nose. Salinas

also heard Albarracin's cries and Spaulding mocking them. Salinas feared he was next.

73. Plaintiff Espinoza was also placed in a cell at the police station. When Albarracin

was crying for help, Espinoza saw Doe 5 move towards Albarracin's cell and turn off the lights.

Espinoza then heard Spaulding mock them in broken Spanish. Espinoza too feared he was next. 74. Defendants' conduct, described above, was based on the race and ethnicity of

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plaintiffs Albarracin, Criollo, Espinoza, and Salinas.

75. conduct.

Plaintiffs were seriously injured, physically and emotionally, by Defendants'

"Go Back to Your Country"

76. after work.

On March 1, 2009, plaintiff Edgar Torres was at Las Barras, a cafe" in East Haven,

77. Defendants Spaulding, Ferrara, Conyers, and Olson came into Las Barras and told everyone to leave.

78. Plaintiff Torres asked the police why everyone had to leave the bar.

79.

Spaulding told Torres to "shut the f up."

80. When Torres asked Spaulding why Latinos are treated badly by the East Haven

police, Spaulding called Torres a "f ing wetback" and told Torres he should go back to his

country.

81. Spaulding then handcuffed Torres and tasered him so that he fell to the floor.

While Torres lay prostrate, Spaulding tasered him twice more and kicked him.

82. Defendants Ferrara, Conyers, and Olson stood by, doing nothing, although they could readily have prevented Spaulding from assaulting and injuring Torres.

83. Torres, in pain and mostly immobilized, rolled on the floor; Conyers then tasered him a fourth time.

84. Meanwhile, Spaulding, Ferrara, and Olson stood by, doing nothing, although they
could readily have prevented Conyers from assaulting and injuring Torres. 85. Spaulding and the other officers put Torres in the patrol car. Torres told

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Spaulding that he was going to tell others what Spaulding had done. After the other officers had

walked away from the vehicle, Spaulding warned Torres that Spaulding would kill him if Torres

complained or told anyone what happened that night.

86.

Defendants' conduct, described above, was based on the race and ethnicity of

plaintiff Torres.

87. Plaintiff Torres was seriously injured, physically and emotionally, by Defendants'

conduct.

Four Officers, Three Taser Shots, and a Phantom Arrest

88.

On or about August 8, 2009, Plaintiff Yadanny Garcia was riding as a passenger

in a car driven by his cousin Edgar Perez. When they pulled over at a restaurant to use the

bathroom, Garcia encountered four defendants, who were about to do to him what other

defendants had earlier done to Edgar Torres.

89.

Garcia went into the restaurant with Mr. Perez but then stepped outside to wait for

him. At that point, Garcia saw Defendants Zullo, Montagna, Sorbo, and Lennon come running at

him, yelling for him to get on the ground.

90.

Garcia put his hands on his head and started going down to the ground as

instructed. Defendant Zullo arrived first. While Garcia cried, "what are you doing?" defendant

Zullo tasered him three times on the ground.

91. Zullo then punched Garcia multiple times, called him a "[fj ing Ecuadorian,"

and told him to go back to his country.

92.

Defendants Montagna, Lennon, and Sorbo stood by, doing nothing, although they

could readily have prevented Zullo from assaulting and injuring Garcia .

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93. After being arrested and taken to the East Haven Police Department, Garcia was

taken to the hospital for treatment of the injuries that the defendants had inflicted.

94. None of the defendants ever admitted arresting Garcia. In fact, Zullo, Montagna

and Lennon, under oath at a DMV hearing, all denied making the arrest.

95. Defendants' conduct, described above, was based on the race and ethnicity of

plaintiff Garcia.

96.

Plaintiff Garcia was seriously injured, physically and emotionally, by Defendants'

conduct.

"This Investigation is Going Nowhere."

97. In response to the defendants' pattern of misconduct, and at the request of the

Pastoral Council of St. Rose of Lima Church, the United States Department of Justice opened an

investigation into the Department. The defendants are well aware that they are now under the

scrutiny of a federal law enforcement agency.

98. On April 30,2010, at about 11 p.m., Plaintiff Fr. Manship was driving east on

Main Street in East Haven, on his way to the local Stop & Shop, when defendant Spaulding

spotted him. Spaulding made a u-turn and followed Fr. Manship, at a distance of less than a car

length, into the Stop & Shop parking lot.

99. Spaulding then parked his police vehicle in the fire lane near the store entrance

and waited for Fr. Manship to approach on his way into the store. When Fr. Manship was passing

Spaulding's vehicle, Spaulding stopped him.

100. Spaulding then proceeded to question Fr. Manship about the ongoing Department of Justice investigation and Fr. Manship's participation in it. In the course of the exchange,

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Spaulding accused Fr. Manship of telling half-truths and claimed that others had lied. "This investigation," Spaulding said, "is going nowhere."
101. By telling Fr. Manship that the investigation would fail, and by detaining and interrogating him, defendant Spaulding intended to intimidate Fr. Manship, discourage him from participating as a witness in the Department of Justice investigation, and deter him from opposing and encouraging others to oppose the defendants' misconduct.
102. As a result of being detained and retaliated against for exercising his constitutionally-protected First Amendment rights, Fr. Manship has suffered harm and emotional distress.
THE TOWN AND THE DEPARTMENT'S ILLEGAL POLICIES. PRACTICES. AND CUSTOMS
103. The Town, the Department, and Defendant Gallo have developed and maintained policies, practices, and customs evincing deliberate indifference to the constitutional rights of persons in East Haven, and these unlawful policies, practices, and customs caused the violations of Plaintiffs' rights described above. They include the following.
104. It was the policy and/or custom of the Town and the Department not to adequately supervise and train police officers, including the defendant officers, thereby encouraging them to violate the rights of the plaintiffs and others.
105. Chief Gallo, the Department, and the Town did not require appropriate in-service training or retraining of officers who were known to have engaged in police misconduct.
106. It was the policy and custom of Chief Gallo, the Department, and the Town to conduct inadequate investigations of civilian complaints, discourage the filing of complaints, and
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conclude that officers had behaved appropriately despite compelling evidence to the contrary.

107. A long list of other policy deficiencies combined to encourage the unlawful

conduct of individual defendants described above. Among the deficiencies identified by the

United States Department of Justice are the following:

a.

Outdated written policies and procedures: a significant number of the

Police Department's policies are outdated and not consistent with contemporary legal standards

and police practices. The Police Department also lacks updated rules of conduct, which set forth

specific prohibitions on officer actions and the affirmative requirements that officers must follow.

b.

Insufficient guidance on the application of force: the Police Department

does not have clear policies and other written guidance on the application of force by its officers.

For instance, it has no comprehensive policy that incorporates all force implements that are

available to officers and that delineates the factors that should be considered in determining

appropriate levels of force.

c.

Lack of formal requirements for reporting and reviewing use of force: the

Police Department apparently does not require its officers to thoroughly report all uses of force to

provide for adequate supervisory review. In addition, it does not conduct comprehensive

administrative reviews of critical incidents, such as firearm discharges by officers, to identify

necessary corrective action, both disciplinary and non-disciplinary, to prevent or minimize

unlawful or improper use of force by officers.

d.

Inadequate citizen complaint and internal investigation processes: the

Police Department's policies and practices do not provide for the effective resolution of citizen

complaints and internal investigations. Citizen complaint processes, including complaint forms,

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are not readily accessible to the public, including individuals with limited English proficiency;

there are no objective guidelines concerning the initiation of thorough and timely internal

investigations; the department requires notarized statements and limited forms of identification,

which discourages some individuals from reporting police misconduct; and current procedures

apparently do not require that investigators issue findings and recommendations in all internal

investigations.

e.

Lack of an early identification or warning system: the Police Department

does not have a uniform and integrated system that allows supervisors to proactively detect

potential patterns of at-risk conduct by officers.

f.

Fragmented community engagement: the Police Department does not

engage all of the communities it serves on policing priorities and collaborative approaches to law

enforcement. Nor has it developed any formal or written guidance on requesting language

assistance, initiating immigration status inquiries, or requiring identification from individuals,

failures that impede the full participation of members of the East Haven community in the Police

Department's policing efforts. This lack of written policies and internal mechanisms to ensure

adherence to such policies encourages unlawful conduct like that described in this complaint.

g.

Limited training: the Police Department's failure to re-train existing

officers leaves them without guidance or leadership necessary to deter unlawful conduct like that

described in this complaint.

108. As a result of the policies and/or customs of Chief Gallo, the Town and the Police Department, including but not limited to those mentioned above, the other individual defendants expected that their actions would not be properly monitored by supervisory officers and that

20

Case 3:10-cv-01692-AWT Document 2 Filed 10/26/10 Page 21 of 28
misconduct would be tolerated and encouraged, and this belief was a substantial factor causing their unlawful conduct.
CLAIMS 109. The allegations of paragraphs 1 -108 are incorporated into the allegations of each claim below the same as if fully set forth therein.
First Claim: Equal Protection Violations 110. Defendants, acting under color of law and in concert with one another, engaged, and continue to engage, in profiling and discriminatory treatment of Plaintiffs and other Latino individuals based on the race and ethnicity of Plaintiffs (or, in the case of Fr. Manship, his support of persons of this race and ethnicity), and for that reason violated the rights of Plaintiffs to the equal protection of the laws, guaranteed by the Fourteenth Amendment to the United States Constitution, 42 U.S.C. § 1983, and Article First, Section Twenty of the Connecticut Constitution.
Second Claim: Conspiracy to Commit Equal Protection Violations 111. Defendants by their conduct described above conspired for the purpose of depriving Latinos and those who supported them, including Plaintiffs, of the equal protection of the laws. 112. Defendants' conspiracy was motivated by, and Defendants acted with, race-based invidious discriminatory animus. 113. Defendants engaged in all of the overt acts alleged in this complaint in furtherance of the conspiracy. 114. The overt acts engaged in by Defendants are evidence of an agreement among them, and they were related to the promotion of the conspiracy.
21

Case 3:10-cv-01692-AWT Document 2 Filed 10/26/10 Page 22 of 28
115. The conspiracy violated the rights of Plaintiffs to the equal protection of the laws protected by the Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1985(3) and was an unlawful conspiracy under Connecticut law.
Third Claim: Neglect to Prevent Wrongs 116. Defendants had knowledge that the wrongs conspired to be done were about to be committed by other defendants and other employees of the Department. 117. Defendants had the power to prevent or aid in preventing the commission of the
wrongs.
118. Defendants neglected or refused to prevent or aid in the preventing of the wrongs. 119. The wrongful acts were committed. 120. As a result, Plaintiffs suffered violation of their equal protection rights under the Fourteenth Amendment to the United States Constitution, and all of the other harms, damages and injuries described in this complaint. 121. Defendants' conduct violated Plaintiffs' rights under 42 U.S.C. §§ 1983 and 1986.
Fourth Claim: Violations of Speech and Petition Rights 122. The retaliatory conduct of Defendants Cari, Spaulding, Does 1 -3, Zullo and Conyers described above violated the rights of plaintiffs Manship, Chacon, Matute and Torres to freedom of speech and to petition their government for redress protected by the First and
Fourteenth Amendments to the United States Constitution, 42 U.S.C. § 1983, and Article First,
Section Four of the Connecticut Constitution. Fifth Claim: Conspiracy to Obstruct Justice
123. Defendants Cari, Spaulding, and Does 1-3 conspired for the purpose of impeding,
22

Case 3:10-cv-01692-AWT Document 2 Filed 10/26/10 Page 23 of 28
hindering, obstructing, and defeating the due course ofjustice, with the intent to injure Fr. Manship for his attempt to enforce the rights of Latinos to the equal protection of the laws.
124. Defendants engaged in all of the overt acts alleged in paragraphs 18-34, 36, and 38, above, in furtherance of the conspiracy.
125. The overt acts engaged in by Defendants are evidence of an agreement among them, and they were related to the promotion of the conspiracy.
126. The conspiracy violated the rights of plaintiff Manship protected by 42 U.S.C. § 1985(2).
Sixth Claim: Illegal Search and Seizure 127. The conduct of Defendants Spaulding, Cari, Zullo, and Does 1-3 described in paragraphs 18-34,36, and 43-49, above, violated the rights of Plaintiffs Chacon, Matute, Manship, and Aguayza not to be subjected to illegal search or seizure provided by the Fourth and Fourteenth Amendments to the United States Constitution, 42 U.S.C. § 1983, and Article First, Sections Seven and Nine of the Connecticut Constitution.
Seventh Claim: Due Process Excessive Force Violations 128. The conduct of Defendants was objectively unreasonable and violated the rights of Plaintiffs Albarracin, Criollo, Garcia, and Torres, all Connecticut residents, not to be subjected to excessive force protected by the Fourth and Fourteenth Amendments to the United States Constitution, 42 U.S.C. § 1983, and Article First, Sections Seven and Nine of the Connecticut Constitution.
Eighth Claim: Due Process Deliberate Indifference Violations 129. Defendants Spaulding, Does 4-10, Ferrara, Conyers, Olson, Sorbo, Montagna, and
23

Case 3:10-cv-01692-AWT Document 2 Filed 10/26/10 Page 24 of 28
Lennon recklessly or intentionally failed to stop the use of excessive force against Plaintiffs Albarracin, Criollo, Torres, and Garcia. Defendants Doe 5-10 recklessly or intentionally denied access to medical care to Plaintiff Albarracin. Defendants' actions constituted deliberate indifference to plaintiffs' rights protected by the Fourth and Fourteenth Amendments of the United States Constitution, 42 U.S.C. § 1983, and Article First, Sections Seven and Nine of the Connecticut Constitution.
Ninth Claim; Assault and Battery 130. The assaults by Doe 5, Zullo, Spaulding, and Conyers towards Plaintiffs Albarracin, Criollo, Garcia, and Torres described above put Plaintiffs in reasonable fear of imminent bodily harm and resulted in such harm, and therefore constituted unlawful assault and battery under the laws of the State of Connecticut.
Tenth Claim: Intentional Infliction of Emotional Distress 131. The conduct of Defendants Cari, Spaulding, Does 1-10, Ferrara, Conyers, Olson, Zullo, Sorbo, Montagna, and Lennon towards all Plaintiffs described above constituted intentional infliction of emotional distress under the laws of the State of Connecticut because Defendants knew or should have known that emotional distress was the likely result of that conduct, the conduct was extreme and outrageous, and the conduct caused severe emotional distress to Plaintiffs.
Eleventh Claim: Negligent Infliction of Emotional Distress 132. The conduct of Defendants Cari, Spaulding, Does 1-10, Ferrara, Conyers, Olson, Zullo, Sorbo, Montagna, and Lennon towards all Plaintiffs described above constituted negligent infliction of emotional distress under the laws of the State of Connecticut because Defendants
24

Case 3:10-cv-01692-AWT Document 2 Filed 10/26/10 Page 25 of 28
should have realized that such conduct involved an unreasonable risk of causing illness or bodily injury and such conduct caused emotional distress to Plaintiffs.
Twelfth Claim: False Arrest and Malicious Prosecution 133. The conduct of Defendants Spaulding, Cari, and Does 1-3, toward plaintiff Manship described above constituted false arrest and malicious prosecution under the laws of the state of Connecticut because Defendants arrested Plaintiff without probable cause and for an improper purpose.
Thirteenth Claim: Tortious Interference With Business Relation 134. The conduct of defendants Spaulding, Cari, and Does 1-3 toward plaintiffs Matute and Chacon described above was malicious, involved intimidation and misrepresentation, and interfered with the business relations of the plaintiffs with their customers, to their loss.
Fourteenth Claim: Supervisory Liability 135. Defendant Gallo knew that members of the Department were violating the equal protection rights of Latinos, including Plaintiffs. Defendant Gallo could have taken action to investigate, address, and prevent violations of the plaintiffs' rights, but he knowingly and deliberately failed and refused to do. 136. As a result of defendant Gallo's knowing and deliberate failure to investigate, address, prevent, or punish discrimination, such conduct became an accepted custom and practice in the Department. 137. By his acts and omissions, defendant Gallo knowingly and intentionally disregarded repeated, pervasive, and ongoing violations of the rights of Latinos and knowingly and intentionally failed to protect Latino members of the public, thus subjecting them, including
25

Case 3:10-cv-01692-AWT Document 2 Filed 10/26/10 Page 26 of 28
Plaintiffs, to violation of their rights to equal protection under the Fourteenth Amendment to the United States Constitution and 42 U.S.C. §§ 1983 and 1986.
Fifteenth Claim: Municipal (Monell) Liability 138. The policies and customs promulgated by the Town described above demonstrated deliberate indifference to the constitutional rights of all plaintiffs and caused the violations of Plaintiffs' rights described above, in violation of Plaintiffs' rights under the First, Fourth, and Fourteenth Amendments to the United States Constitution and 42 U.S.C. §§ 1983, 1985(3), and 1986. Sixteenth Claim: Muncipal Liability Pursuant to Conn. Gen. Stats. Section 7-465 139. On or about July 21,2009, plaintiffs Albarracin, Criollo and Espinoza, served
notice on the Town Clerk of the Town pursuant to Conn. Gen. Stat. § 7-465 of their intention to commence this action. Pursuant to that statute, the Town is liable for the negligence or violations of these plaintiffs' civil rights by the individual defendants, insofar as those violations are found, as to the individual defendant concerned, not to be the product of any wilful or wanton act by the defendant.
Seventeenth Claim: Title VI violation 140. Through the conduct described above, defendant East Haven Police Department, a program or activity that receives federal funding, has violated plaintiffs' rights under Title VI of the Civil Rights Act of 1964,42 U.S.C. §§ 2000d et seq. by utilizing policies and methods which intentionally discriminate against Plaintiffs based on their race, color, and/or ethnicity.
26

Case 3:10-cv-01692-AWT Document 2 Filed 10/26/10 Page 27 of 28

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs request a jury trial, pursuant to Fed. R. Civ. P. 38, and request

the following relief:

1.

Compensatory damages;

2.

Punitive damages;

3.

Costs, including reasonable attorney's fees;

4.

Injunctive relief adequate to prevent the continuation and recurrence of the

defendants' unlawful conduct; and

5.

Such other and further relief as the Court deems just.

27

Case 3:10-cv-01692-AWT Document 2 Filed 10/26/10 Page 28 of 28
THE PLAINTIFFS
David N. Rosen (ctOOl 96) James Bhandary-Alexandcr (ct28135) 400 Orange Street New Haven. Connecticut 06511 (203)787-3513 Michael Wishnie (ct27221) Susan Hazeldean (ct28403) Manuel Giner. Law Student Intern Tafari Lumumba. Law Student Intern Dermol Lynch, Law Student Intern Yaman Salahi, Law Student Intern Jerome N. Frank Legal Services Organization Yale Law School P.O. Box 209090 New Haven, CT 06520 (203)432-4800 Their Attorneys
28

 
 Case 3:10-cv-01692-AWT Document 118 Filed 04/24/12 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

Marcia Chacon, et al. Plaintiffs,
v.
East Haven Police Department, et al., Defendants.

Civil No. 3:10cv1692 (JBA) April 23, 2012

ORDER STAYING CASE The Government moves [Doc. # 100] to stay this case pending the disposition of a related federal criminal trial which is to begin on January 28, 2013. On September 2, 2011, this Court granted a limited stay of discovery while the criminal investigation was pending (see Order of Temporary Stay of Deposition Discovery [Doc. # 77], and on January 18, 2012, a federal grand jury returned a ten–count Indictment charging four officers with federal civil rights violations (see Criminal No. 3:12CR17 (AWT)). Now the Government moves for an immediate stay of the civil proceedings, arguing that this is necessary to “forestall harm to the prosecution of the pending criminal case.” (See Gov’t Mot. at 4–5.) The Court has considered and weighed the relevant factors, and, as discussed in open court on February 6, 2012, concludes that the Government’s motion should be granted and the case temporarily stayed, over the Defendant Town’s objection, pending the disposition of the criminal matter. Plaintiffs move [Doc. # 102] for leave to amend their complaint, to add two causes of action ((1) a claim of violation of speech and petition rights, and (2) a Title VII retaliation claim), to add an additional Defendant, East Haven Police Sergeant Miller, and to substitute Defendant Jason Zullo for Does 2 and 5. Defendant Town of East Haven opposes this motion. At a status conference held February 16, 2012, counsel for Defendants Zullo and Miller consented to a tolling of the statute of limitations until the conclusion of the criminal

Case 3:10-cv-01692-AWT Document 118 Filed 04/24/12 Page 2 of 3
proceedings. Although Attorney Luzzi, counsel of record for Defendant Does, now disputes that he is authorized to agree to a tolling of the statute of limitations on their behalf, substitution of named defendants for the Defendant Does will be taken up under Rule 15(c) once the case is reopened, upon conclusion of the criminal proceedings.
The Court is mindful that Plaintiffs have made repeated attempts through discovery to identify the Doe Defendants. Plaintiffs issued two sets of Requests for Production of Documents in April and June of 2011, served Interrogatories on the Doe Defendants in May 2011 and on all Defendants in August 2011. Defendants have not fully complied with Plaintiffs’ requests, and Plaintiffs have moved [Doc. # 96] to compel compliance with this discovery. While the administrative closing of the case will stay all further formal discovery, as discussed at the February 6, 2012 status conference, this does not preclude the parties from “informally advanc[ing] this matter to assist in getting it moved along in the event that the stay is lifted soon.” (Feb. 6, 2012 Tr. [Doc. # 112] at 48:9–12.)
Finally, Plaintiffs also move [Doc. # 114] to compel compliance with Conn. Gen. Stat. § 7-465, and argue that the Town’s statement pursuant to Conn. Gen. Stat. § 7-465, which states that “it will pay any non–punitive, compensatory damages award rendered in this action against Dennis Spaulding, David Cari, and Jason Zullo” (see Town’s Stmt [Doc. # 108]), is inadequate under the statute. If the parties are unable to informally resolve this issue during the period in which the case in administratively closed, the Court will take this up when the stay is lifted.
Accordingly, the Government’s Motion [Doc. # 100] to Intervene and Motion to Stay the civil proceedings is GRANTED until the conclusion of the related criminal proceedings. To the extent that Plaintiffs’ pending motions—to amend [Doc. # 102], to compel compliance [Doc. # 114] with Conn. Gen. Stat. § 7-465, and to compel production [Doc.
2

Case 3:10-cv-01692-AWT Document 118 Filed 04/24/12 Page 3 of 3 # 96] of documents relating to the Does’ identities—are not informally resolved, they will be addressed upon the reactivation of the case.
IT IS SO ORDERED. /s/
Janet Bond Arterton, U.S.D.J. Dated at New Haven, Connecticut this 23rd day of April, 2012.
3

 
 Case 3:10-cv-01692-AWT Document 163 Filed 07/17/14 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

MARCIA CHACON, ET AL Plaintiff,

VS.
EAST HAVEN POLICE
DEPARTMENT, ET AL,
Defendants.

Civil Action No.: 3:I0cv01692 (AWT) July 17, 2014

CONSENT MOTION TO APPROVE STIPULATION
Plaintiffs move, with the consent of all defendants except non-appearing defendant Cari, for an order approving the stipulation attached hereto as Exhibit A.

Case 3:10-cv-01692-AWT Document 163 Filed 07/17/14 Page 2 of 3
THE PLAINTIFFS
By_ /s/ David N. Rosen David N. Rosen (ct00196) David Rosen & Associates, P.C. 400 Orange Street New Haven, Connecticut 06511 (203) 787-3513 (203) 789-1605 fax
Email: drosen@davidrosenlaw.com
Michael Wishnie (ct27221) Nicole Hallett (ct28495) Jonathan Hurley, Law Student Intern Temidayo Odusolu, Law Student Intern Ariel Stevenson, Law Student Intern Tina Thomas, Law Student Intern
JEROME N. FRANK LEGAL SERVICES ORGANIZATION Yale Law School P.O. Box 209090
New Haven, Connecticut 06520 Phone: (203) 432-4800
James Bhandary-Alexander (ct28135) New Haven Legal Assistance
426 State Street
New Haven, CT 06510 Phone: (203) 946-4811

Case 3:10-cv-01692-AWT Document 163 Filed 07/17/14 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on July 17, 2014, a copy of the foregoing ConsentMotion to Approve Stipulation wasfiled electronically andserved bymail on anyone unable to accept electronic filing. Notice of this filing will be sentby e-mail to all parties by operation of the Court's electronic filing system or by mail as indicated on the Notice of Electronic Filing. Parties may access this filing
through the Court's CM/ECF System.
/s/ David N. Rosen David N. Rosen

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 1 of 19
EXHIBIT A

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 2 of 19

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

MARCIA CHACON, ET AL., Plaintiffs,

CIV. NO. 3:10CV1692 (JBA)

V.

EAST HAVEN POLICE DEPARTMENT,

ET AL.,

Defendants.

:

JUNE 4,2014

SETTLEMENT AGREEMENT

WHEREAS, Marcia Chacon, Wilfirido Matute, Fr. James Manship, Segundo Aguayza,

Jose Luis Albarracm, Welinton Salinas, John Espinosa, Guido Xavier Criollo, and Eddie Torres,

("Plaintiffs") commenced this lawsuit on October 26, 2010;

WHEREAS, the Plaintiffs contend that the Town of East Haven and its officials and

officers engaged in misconduct resulting in the violation of their civil rights;

WHEREAS, the Defendants deny the allegations of misconduct and the violation of the

civil rights of the Plaintiffs;

WHEREAS, on December 21, 2012 the United States of America entered into a

settlement agreement with the Town and with the East Haven Board of Police Commissioners

("Board") relating to, inter alia, the Town's policing practices, see USA v. East Haven, 3:12-cv-

01652-AWT (D.Conn.);

WHEREAS, the Town and the Board have instituted new policies and practices pursuant

to the settlement agreement with the United States;

WHEREAS, the parties to this agreement hereto propose to resolve their dispute pursuant

to this Agreement without the further costs, burdens and risks of litigation;

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 3 of 19
WHEREAS, the matter in which the United States, the Town andthe Board entered into a settlement agreement is assigned to Judge Alvin W. Thompson and the Town and Board wish to ensurcthat any ongoing reliefinthis case and the case with the United States is before the
same judge;
WEDEREAS, theparties to this agreement have agreed tojointly move for a conditional transfer of this caseto JudgeThompson for purposes of the entry and supervision of this
settlementagreementas well as adjudication of all claims not subject to this agreement; THEREFORE, the parties to this agreementstipulate and agree to the following and
jointly request that this stipulation and agreement be entered as an orderof the Court(Thompson,
J.):
A. Definitions
1. *Tlaintiffs" means Marcia Chacon, Wilfrido Matute, Fr. James Manship, Segundo Aguayza, Jose Luis Albarracin; Welinton Salinas; John Espinosa; Guido Xavier Criollo;
and Eddie Torres.
2. "Defendants" means the East Haven Police Department, the Town, Chief Brent Larrabee (in his official capacity), Leonard Gallo, Dennis Spaulding, Jason Zullo, Vincent Ferrara, David Olson, Cheryl Conyers, and John Does 1-10. For purposes of this agreement, the term "defendants" excludes defendant Officer David Cari, who is not a party to this
agreement. 3. The "Town" means the Town ofEast Haven. 4. The "Board" means the East Haven Board of Police Commissioners.

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 4 of 19
5. "Parties" means the parties to this settlement agreement, including all plaintiffs named in the operative complaint and all defendants named in the operative complaint with the
exceptionof defendantDavid Cari.
B. General Provisions
1. Resolution of all known and unknown claims. This settlement agreement is entered into
by the parties to resolve all ofthe claims and counterclaims that were made or that could
have been made in this action based on the incidents described in the ProposedAmended
Complaint and all incidents ofa similar nature, whether known orunknown. [Dkt. # 102-
2].
2. Best interests of Parties. In entering this agreement, the parties agree and represent that this Agreement serves thebest interests of the parties.
3. Nn admission of liabilitv. The Defendants denythe allegations of this lawsuit and,
nothing in this agreement shall be construed as an acknowledgment oradmission, or evidence ofany liability ofthe Defendants, the Board orofany unnamed officers, officials oremployees ofthe Defendants and this agreement may not beused as evidence ofliability inthis orany other proceeding. Plaintiffs maintain that the Defendants'
conduct violated theirrights in the ways described in the complaint. 4. BinHinfj Agreement. This agreement is binding upon the Plaintiffs, their heirs, legal
representatives and assigns and the Defendants, the Defendants' successors in office,
employees and agents.
5. Agreement to Defend. The parties agree to defend theprovisions of this agreement. The parties shall notify each other ofany court or administrative challenge to this agreement. The parties further agree to cooperate with each other in good faith in opposing any

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 5 of 19
vexatious suit or similar claim brought against the parties ortheir attomeys with regard to their prosecution or defense of this action.
C. Court Jurisdiction and Procedure for Entry of the Agreement
1. The parties shall jointly move for the case tobe transferred to Judge Thompson for purposes ofsettlement and for adjudication ofplaintiffs' remaining claims against
defendant Cari.
2. Ifthe Court grants the motion to transfer, the parties shall jointly move for the entry of this agreement as an order ofthe Court and for the conditional dismissal ofthis case as to all parties, except defendant Cari, pursuant toFed. R. Civ. P. 41(a)(2) with the Court
retaining jurisdiction to enforce the provisions of this agreement.
3. Upon entry ofthis agreement as an Order ofthe Court and the conditional dismissal of the case astothe parties to this agreement, the Plaintiffs may pursue allclaims asto
defendant Cari, except those claims as to which Cari is entitled to indemmfication as to his liability from the Town ofEast Haven pursuant to federal, state orcommon law. 4. Inprosecuting the remaining claims against Cari, the Plaintiffs shall not direct any discovery requests to the Defendants and shall not seek to take the deposition ofany Defendants orany current or former officers, employees, agents, representatives, officials and/or any vendors orsubcontractors of the Defendants, with the exception of Cari.
5. If the Plaintiffs determine that the Defendants have failed to comply with the agreement,
they may reinstate this case for the sole purpose ofenforcing the agreement. The Defendants may notchallenge liability northeterms of this agreement. Forpurposes of attorneys' fees, the enforcement ofthis agreement shall betreated as if it were for the
enforcementof a civil rights statute under 42 U.S.C. § 1988.

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 6 of 19

6. This agreement shall take effect immediately upon execution by the parties. Ifthe

motion to transfer to Judge Thompson isdenied orifthe Court declines to approve this agreement, the monetary terms and non-monetary terms ofthis agreement described in

Sections D & E belowshall become void, and the case shallbe returned to Judge

Arterton for litigation on the merits orsuch other disposition to which the parties agree.
7. The parties request, and expressly consent to the Court making "the parties' obligation to

comply with the terms ofthe settlement agreement... part ofthe [Court's] order, pursuant to the holding in Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 381 (1994). The parties agree that, after the Court issues such an order, itshall retain jurisdiction and authority to enforce this agreement as set forth herein, and subject to the termination

provisions herein.

D. Monetary Terms
1. Pavments bv the Town: The Town shall paythe total sum of $450,000.00 as full and final

settlement to the plaintiffs, which payment shall befor all claims and damages ofthe plaintiffs, whether known or unknown, including all claims for compensatory and pumtive

damages and for attomeys' fees and costs. The first installment inthe amount of

$250,000.00 shall be paid within thirty days from the date ofapproval ofthis settlement

agreement by the Court. The second installment in the amount of$200,000.00 shall be

paid the later of: (a) July 31, 2014; (b) 30 days from the effective date ofrevised policy

428, as provided for in section E, below.

2.

of riaims! In consideration of the payments as provided for herein, the plaintiffs

for themselves, their heirs, executors, administrators, legal representatives, successors and
assigns release and forever discharge the Defendants, the Board and all known and

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 7 of 19
unknown officials, officers and employees ofthe Town ^with the exception ofdefendant Can—from all actions, causes of action, suits, debts, dues, sums of money, account,
reckonings, bonds, executions, claims and demands whatsoever, in law, admiralty, or equity, which the plaintiffs and their heirs, executors, administrators, legal representatives, successors and assigns ever had, now have or hereafter can, shall or may have from the beginning of the world to the date of this agreement, arising out of the incidents described in the Proposed Amended Complaint [Dkt. # 102-2] or incidents similar thereto and may have been brought in this litigation. Such release shall also preclude any vexatious
litigation orsimilar claim based on the defense ofthis action. 3. Release of coimtftrelaims. In consideration of the release described in the preceding
paragraph, the Board and the Defendants, for themselves, their heirs, executors, administrators, legal representatives, successors and assigns release and forever discharge
the Plaintiffs from allactions, causes of action, suits, debts, dues, sums of money, account,
reckonings, bonds, executions, claims and demands whatsoever, in law, admiralty, or equity, which the Board, the Defendants and their heirs, executors, admmistrators, legal representatives, successors and assigns ever had, now have or hereafter can, shall or may have from the beginning ofthe world to the date ofthis agreement, against the Plaintiffs, their heirs, executors, administrators, legal representatives, successors and assigns, relating to this litigation, the incidents described in the Proposed Amended Complaint [Dkt. # 102-2] or incidents similar thereto. Such release shall also preclude any vexatious
litigation orsimilar claim based on the prosecution ofthis action. 4. The individual defendants shall have no obligation for any payments required by this
settlement, including attomey's fees or costs.

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 8 of 19
E. Non-Monetary Terms
1. Effective term. Thenon-monetary terms of this agreement, described in the following paragraphs, shallremain in effect imtil the later of: (a) four years from the date the Board implements the revised and
attached Policy 428;
(b) The time the District Courtterminates the settlement agreement
reached between the United States of America, the Town and the
Board in 3:12-cv-1652-AWT (D.Conn.), EOF No. 11, either on
joint consent of the parties pursuant to paragraph 233 or over the objection of theUnited States pursuant to paragraph 234 of that
agreement.
2. Parties bound. The non-monetary terms of this agreement shall be bindingagainst only theTown, theBoard, theEast Haven Police Department, and the Chiefof Police
in his official capacity.
3. Tftrms The Townthrough the Boardshall consider the proposed revisions to Policy 428 relating to the involvement of municipal policein federal immigration enforcement no laterthan 30 days firom the execution of this agreement, which proposed revisions are attached and incorporated into this agreement as Exhibit A, provided however, if there is an objection to theproposed revisions to Policy 428 by eitherthe Department of Justice or the Joint compliance expertpursuantto the agreement for effective and constitutional policing, the time within which theBoard
shall consider the said revisions shall be considered extended to a date which is 30
daysbeyond the dispute resolution provisions of paragraphs 17 and 18 of the

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 9 of 19
agreement. Should the Town through the Board fail to implement the revisions to Policy 428 as reflected in Exhibit A, this agreement shall become void, and the case
shall bereturned to Judge Arterton for litigation on the merits orsuch other
disposition to which the parties agree. Ifthe Town through the Board implements the policy, the Town, the East Haven Police Department and the official-capacity
defendants shall abide by it.
4. Modification of Policv 428. During the term of this agreement, only the Town acting
through the Board shall be permitted to further revise Policy 428. During the term of this agreement, the Town through the Board may further revise Policy 428 only (a) upon consent ofPlaintiffs or (b) as required by a change oflaw or a change in interpretation oflaw. For purposes ofthis agreement, a"change in interpretation of
law" shall mean a change in interpretation of law bythe United States Supreme Court, the United States Court ofAppeals for the Second Circuit, the Connecticut
Supreme Court orthe Connecticut Appellate Court, or a ruling by Judge Alvin W. Thompson. Ifthe Board seeks to revise Policy 428, it shall comply with the Department ofJustice settlement agreement and with the notice, conferral, mediation,
andjudicial application procedures set forth herein: a. Notice. If the Town acting through the Board seeks to further revise Policy 428 during the term of this Agreement, it shall notify counsel for Plaintiffs in
writing ofthe proposed revisions. The written notice shall beprovided atleast 30 days in advance of the effective date of the proposed revisions.

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 10 of 19
b. Response. If Plaintiffs, through counsel, consent or fail to object in writing to the proposed revisions within the 30-day notice period, the Town may
implement the change. The Town shall then file the revisions with the Court. c. Conferral. If Plaintiffs, through counsel, object within the30-day notice
period, the Town may not implement the revisions without following the process set forth herein. The parties, through their respective counsel, shall
meet and confer as soon as possible regarding the dispute, butnotlater than 30 days from the date ofPlaintiffs' objection. Ifthe Parties resolve then-
dispute and Plaintiffs consent to the revisions, the Town may implement the
change and file the revisionwith the Court.
d. Mediation. Ifthe parties are unable to agree upon a resolution after conferral, the Town may notimplement the change but may contact the appropriate magistrate judge and the parties, through their counsel, shall meet with the
Court in an effort to resolve the dispute.
e. Judicial proceedings. If the parties are unable to reach a resolution through mediation withthemagistrate judgewithin sixty (60) days, the Town may apply to the Court for an order seeking to implement the revision onthe ground that the amendment is required bya change oflaw ora change in interpretation oflaw. The Town will file a memorandum oflaw with the Court stating its position on why the proposed amendment is required bya change of law or a change in interpretation of law. The Plaintiffs shall have 30days to file a responsive memorandum. The Court shall allow the Board to

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 11 of 19
implement the revision ifthe Court determines itis required by a change of
law or a change in interpretation in law.
THE PLAINTIFFS
By. David N. Rosen, ct00196 David Hunter Smith, ct29087 James P. Maguire, ct29355
DAVID ROSEN & ASSOCIATES PC 400 Orange Street
New Haven, Connecticut 06511 Phone: (203) 787-3513 Fax: (203) 789-1605 drosen@davidrosenlaw.com hsniith@davidrosenlaw.com jmaguire@davidrosenlaw.com
Michael Wishnie (ct27221) Nicole Hallett (ct28495) Jonathan Hurley, Law Student Mem Temidayo Odusolu, Law Student Mem Ariel Stevenson, Law Student Mem Tina Thomas, Law Student Mem
JEROME N. FRANK LEGAL SERVICES ORGANIZATION Yale Law School P.O. Box 209090
New Haven, Connecticut 06520
Phone: 203-432-4800
James Bhandary-Alexander
ct28135
New Haven Legal Assistance Assoc. Inc.
426 State Street
New Haven, CT 06510
Phone: 203-946-4811 Fax: 203-498-9271
jbhandary-alexander@nhlegal.org

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 12 of 19

THE DEFENDANTS, EAST HAVEN POLICE DEPARTMENT
TOWN O^AST HAVEN
Hugh F. Keefe, ct05106 Matthew Popilowski, ct28869 Lynch, Traub, Keefe & Errante, P.O.
52 Tmmbull Street
New Haven, CT 06510 Phone: (203)787-0275 Fax: (203)782-0278 hkeefe@ltke.com mpopilowski@ltke.com
Alfred J. Zullo, ct05322
Zullo & Jacks LLC
83 Main St., PO Box 120748 East Haven, CT 06512
Phone: 203-467-1411 Fax: 203-468-2792
Email: Alfred.Zullo@snet.net
James F. Cirillo , Jr., ct05721 128 Chestnut, Floor 2 Branford, CT 06405
Phone: 203-488-9828 Fax: 203-488-8744
Email: cirillolaw@aol.com
Patricia A. Cofrancesco, ct300918 89 Kimberly Avenue East Haven, CT 06512 Phone: (203) 467-6003 Fax: (203) 467-6004 E-mail: Pattycofrancesco@sbcglobal.net

THE DEFENDANT, CHIEF LEONARD GALLO
By: ,
Jonathan J.|Ei^om, ct00163
129 Whitney.A.venue
New H^^n, CT 06510
PhoWT203) 777-3777
einhomlawoffice@gmail.com

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 13 of 19

THE DEFENDANTS, OFFICER DENNIS SPAULDING,
OFFICER JASON ZULLO
John Fi^nway, Esq.
Loughlin FitzGerald
150 South Main Street
Wallingford, CT 06492 (203) 265-2035 (203) 269-3487 Fax j conway@lflaw, com
THE DEFENDANT,
7jW> OFFICER^VID OLSON
James ^ Tallberg, cH^49
Patrick Allen, cfe^03 Kars^en &Tallberg, LLC
8 Lowell Road West Hartford, CT 06119
Phone: (860)233-5600 Fax: (860)233-5800 jtallberg@kdtlaw.com pallen@kt-lawfirm. com
THEDE HNDANTS,
JOHN
MichaiF K^a»zirCu2518
Dolan & Luzzi, LLC
1337 Dixwell Avenue
Hamden, CT 06514 Phone: (203)230-1678 Fax: (203)230-2552 mluzzi@dolanluzzilaw.com

THE DEF OFF

RicharctJ. fiuturla, ct05967
Warden L. Holcomb, ctl3127
Berchem, Moses & Devlin, P.C
75 Broad Street
Milford, CT 06460
Phone: 203-783-1200
Fax: 203-878-4912
rbuturla@bmdlaw.com wholcomb@bmdlaw. com

THE DEFENDANT, OFFICER

NYERS

Ili, ct20784
Knight & Cerritelli, LLC
2 Lincoln Street
New Haven, CT 06510 Phone: (203) 624-6115 Fax: (203)624-4791
gcerritelli@kcc-law.com

EAST HAVE POLICE

By, ^^

,

Lawi^nce C. Sgrign^

Gesmonde, Pietrosimone & Sgrignari, LLC

3127 Whitney Avenue

Hamden, CT 06518

Phone : (203) 407-4200

Fax: (203)407-4210 lsgrignari@gpsp.com

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 14 of 19
EXHIBIT A

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 15 of 19

East Haven Police
Department

Type of Directive:
Policies & Procedures

No. 428.2

Subject/Title:

Issue date:

Secure Communities Effective Date:
Program

Issuing Authority:
Honorable Board of Police Commissioners
References/Attachments: N/A
Policies and Procedures #304

Review Date:
Annually
Rescinds: 428.1 Amends:

PURPOSE
A. The purpose ofthis directiye is to set forth tue^jici^^and procedures ofthe East Haven
HPoalviceenDPoelpicaei^Deenpfa^tgoaefndfimngfetrhfeacUeSs wSi^thurfe^.eCroa'ml rinmumhitiig^r^a^tiPornogproalmicyanadndhopwroctheeduEraes.t

poLiev^

"'A

A. jie erifofcemehtof the'h civrl imrnigration laws is the responsibility ofthe federal

^.go^mment. Accordingly/thh^ast Haveiul^olice Department shall not undertake

iimmmmiig^raattiioonn-srtealtautesdoifhavne^steigrsaotihdh(ss^anncdosuhnatllerneodt rdouurtiinngelnyoirnmqualirpeoilnictoe tohpeesrapteicoinfsic.

B. This prohibition does not preclude the East Haven Police Department from cooperatmg
and assisting with federal immigration officials firom the Department ofHomeland Security (DHS) Inanimation and Customs Enforcement (ICE) Agency when formally requested as part ofari on-going criminal investigation, or from notifying those federal
officials in serious situations where a threat to public safety or national security is
perceived, as set forth in this directive.

GENERAL GUIDELINES AND CONSIDERATIONS
The East Haven Police Department values the diversity ofthe community it serves. Many
who live and work in and visit the Town have emigrated to this community from other
countries and some may not be citizens orlegal residents ofthe United States. The Town and the East Haven Police Department are committed to promoting safety and providing
proactive community policing services to everyone in our community. In furtherance of the

428.2 - Secure Communities Program June 10, 2014 Page 1 of5

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 16 of 19

department's Community Policing philosophy, all community members should know that they are encouraged to seek and obtain police assistance and protection regardless oftheir
specific immigration and/or documentation status.

The East Haven Police Department relies upon the cooperation ofall persons, documented
citizens and residents as well as those without a specific documentation status, to achieve our
important goals ofprotecting life and property, investigating and preventing crime, and resolving recurring neighborhood issues. Assistance jfrom immigrant populations is especially important when an immigrant, whether documented or not, is the victim ofor
witness to acrime. It is absolutely essential that these indi\d^als do not feel uncomfortable or intimidated in coming forward with the requisite inforraa^n and general firsthand
knowledge to aid in investigating a particular crime. Tn^s^Jrime ofmutual tmst and
cooperation is absolutely crucial in preventing and^j^jdS^^ incidents, as well as
maintaining public order, safety and security in &e;e^tire cdramnity. ...aTN.

We as duly sworn police officers are responsffi^fo^ providing

police services to

every individual in the Town ofEast Havem^^an equal, fair, and juSfmg^er. The East

Haven Police Department is concerned prima^^or the safety and wel®^fall individuals
found within the territorial jurisdiction ofthe To^^fEgp^Haven. Thuv^^^tion of criminal behavior is ofprimary ^^ept and concer^^^^^ng with any subject suspected of violating the law. Race, religiont^^^^|exual ori^&^ga, age, occupation, imnugration status or any other arbitrary charac^^stSgertumng to in^^^ecific individual have

absolutely no bearing on any decisionjor an E^fegaven Pd^J Officer to effectuate a stop or

detention of an indivMul^^ffect an arrest. jM

r lack ^^^bfan indrwdual or group of individuals in

amatter^^lice concern or subsequent enforcement

action.

icumben!^ #oteceKand ^loyees ofthe East Haven Police Department
i^^^^^to'^^al enforcement of the law and equal

^ "2"" sSlus. Confidence in this valued commitment

wiUi^^nly protecf^^^iviJ^iMights anSPfreedoms fi-om being adversely affected

shalffi^^crease the^Bc's c^&ence in the police department's effectiveness and

efficieni^^protecting an^^rving'^'^'"l^em^'b^e'"rs' of the e=n"+t;itr-oe commumty.

The State of^^m^ticut paradpates in the Federal Secure Commumties Program (S-
eCnofmormce)m. UenntdaergSen^cie^^Ciio^n^c^h^ttiheosse, famgegnecrpiersin(tisncolfupdeinrsgonthseaErraesstteHdabvyenstPaotelicanedDleopcaarltmlawent)
routinely submit these ds^onic prints to the FBI for cmnmal justice database checks, are
automatically shared with the Department of Homeland Security (DHS-ICE).

IV. PROCEDURES
A. Inquiries into Immigration Status
1. Aperson's right to file a police report, participate inany police-commumty activities,
or otherwise benefit fi*om general police services shall notbe contingent upon the individual providing proof ofcitizenship orany type ofdocumented immigration
status.

428.2 - Secure Commumties Program June 10, 2014 Page 2 of 5

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 17 of 19
2. Officers shall notquestion any person about his orherspecific citizenship or immigration status unless that person is reasonably believed to beor have been
involved in the commission of a felony.
3. Officers shall not request passports, visas, resident alien cards (i.e., "green cards") or travel documents in lieuof, or in addition to, driver's licenses andother standard
forms of identification. Such otherdocuments shall be requested only when standard
forms ofidentification are unavailable.
a. Anexception to the above could occur if anoperator of a lawfully stopped motor
vehicle presents what appears to be avalid Forei^ Country's Driver's License in
which the license is valid in this state for only^o|M(l) year and requires the operator to produce proofto the investigating^qfflcer ofthe most recent admission
date to the United States so as to effectiyeWqp&e one year time period, (e.g.
Form 1-94 or Passport with the entry st^^^T
B, Interactions with Persons Potentially iiryij^auon ofCivil Iimii^^tion Laws
1. No person shall be detained or taken into custody because he'qphe is notpresent
legally in the United States or has conl^tted aciviUmmigratibnmd except as
set forth in paragraph (2) below.
EastHaven Police Officei||sli^not make arfest|vbased on civil administrative
wInaforrramntastifoonr Carernestetro(rNreCmICov)^S^j^ebnafesr^e%H^nbByuICdmE ginctmonief^F^BinIi'sstNraattiivoenailmCmriimgreation
wthaerwranatsrrf^o^^p^lSrg^se^di^th^jouudtgseS.^ing r^^^|^eportk:^n or exclusion orders unless
Interface with
1. Ejyiepjt as othen^e prby^d>in paragrM|i D, East Haven Police Officers shall not
i-andWall not participate in any civil immigration-
^ated investigation dlEany persoii^imiess at least one of thefollowing conditions is
The person i^^estedTon^y felony.
The^person has he% convicted ina court ofcompetent jurisdiction ofany violent
fb^^
c. East Havej^jolice Officers have reasonable suspicion that the person is involved
interrorist aW^ties orhuman trafficking.
d. East Haven Police Officers have probable cause to believe the person is
participating or hasparticipated in organized criminal activity involving violence,
distribution of illegal drugs, and/or financial crimes.
D. Secure Communities
1. All arrested subjects as part of thebooking process are fingerprinted through the department's Automated Fingerprint Identification System (AFIS). The fingerprints
428.2 - Secure Communities Program June 10,2014 Page 3 of 5

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 18 of 19

are submitted electronically to various databases to confirm the identity of the
arrested subject.

The FBI forwards fingerprints received from local law enforcement agencies to ICE. ICE checks the arrestee's personal information against the DHS-ICE immigration
databases. If ICE determines that it has an actionable interest in the local arrestee, the
agency then determines the specific enforcement action, if any, to take based on DHS enforcement priorities. If the local arrestee appears to have violated the federal immigration laws and the arrestee is deemed to fall within any of the enforcement priorities, ICE decides whether to issue what isknown as a Detainer for the arrested

individual.
.•1

3. ADetainer, which is sent via fax, email, or &|^gh.||CIC, is an official request firom

DHS-ICE directed to the state or local law#^M:em||t,agency to notify ICE before it

releases an individual arrestee so that

as the oppbif^ ity to arrange for the

transfer ofthe individual to federal cus^dy.

a. No subject will be detained or^Id^ the East Haven Police^epartment's

custody based solely upon acivifd^iner request.

=5^
Ifaperson detained Qr.tiej.d in the EastTfeyettlPolice Departmenf^s^custody is
subject to acivil imniij|ra^mdetainer and is^Hgible to be released on the underlying state charge^'^idMlg^and thereIre^o other outstanding criminal
warrants lodged, the subji^^hairb^fel|ased, pr^ided however that notice ofthe
" given to "ill rsuant'^F.R. 287.7.

4. When E^®aven PoMe^Departml®J^ives a detainer from ICE fora person in
East Havei^R^ice Dep®inent cust^l^East Haven Police Department shall as soon as practicable se^e th^uj^^t^e deF^er with acopy of it, unless otherwise

l&K The U.S. BmeauofiffiiWations and Customs Enforcement has jurisdiction for ^lljsnforcement ofii^e provisi(^ to Title 8O , U.S. TT C1 Code dealing wiuthu illegal entry into
1Si|j^ited State:^^ foreign nationals.
1)'^B^t Haven Bdlice officers have no authority to enforce federal immigration
l^^^d shallWot make any arrest based solely on a suspected violation of
immigrationlaws.
I. East Haven Police Officers shall not directlyparticipate in any ICE operations
solely for the civil enforcement of federal immigration laws unless at least one of
the following conditions is met:
1) Participation is in direct response to a requestfor assistance on a temporary
basis for "Officer Safety" purposes.
2) Participation calls for assistance in the apprehension of any individual who is
also wanted on a criminal warrant from Connecticut or other jurisdiction which remains in full force and effect at the time of the request.
428.2 - Secure Communities Program June 10, 2014 Page 4 of 5

Case 3:10-cv-01692-AWT Document 163-1 Filed 07/17/14 Page 19 of 19

6. Any arrest by amember of the East Haven Police Department during the request for assistance by ICE shall be based upon probable cause that the detained individual is
or was involved in criminal activity other than a civil violation offederal immigration laws or is wanted by Connecticut or any other jurisdiction on acriminal warrant.

E. Training and Enforcement

. -^i, *u-

The East Haven Police Department shall conduct necessary training consistent with this

directive. Any alleged violation of this directive is subject to the investigative and

complaint procedures ofPolicies and Procedures # 208. ^

F. Data Collection

,, r^-r- , •

The East Haven Police Department shall maintain;a .record ofall ICE detainers, warrants,

or transfers consistent with Connecticut's Re^drdjletenti^aws. Unless otherwise

prohibited by law, the Department shall provide acopy upop reauest; with Pjoperly

redacted information to preserve imnate,'Bak Haven Police Department, an^or ICE staff

porrivtraacnys.feIrnreacdodridtisonasthtoe tDheepnaurmtmbeenrtasnhdaltly:apdevMisreeacnoyrdp&er^siotnhhwehldo.RffoeqTuiie'dstisscIlCosEurdeetaanidnetrhe

reasons therefore.

\

\

428.2 - Secure Communities Program June 10, 2014 Page 5 of 5

 
 Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 1 of 25
CLOSED,EFILE
U.S. District Court United States District Court for the District of Connecticut (New Haven)
CIVIL DOCKET FOR CASE #: 3:10−cv−01692−AWT

Chacon et al v. East Haven Police Dept et al Assigned to: Judge Alvin W. Thompson Cause: 42:1983 Civil Rights Act
Plaintiff Marcia Chacon

Date Filed: 10/26/2010 Date Terminated: 09/26/2014 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Amber Nicole Hallett Jerome N. Frank Legal Services Organization Yale Law School PO Box 209090 New Haven, CT 06520−9090 203−432−4800 Fax: 203−432−1426 Email: nicole.hallett@yale.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anne Lai Jerome N. Frank Legal Services Organization Yale Law School PO Box 209090 New Haven, CT 06520−9090 203−432−3928 Fax: 203−432−1426 Email: alai@law.uci.edu TERMINATED: 07/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David N. Rosen David N. Rosen & Associates, P.C. 400 Orange St New Haven, CT 06511 203−787−3513 Fax: 203−789−1605 Email: drosen@davidrosenlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Hunter Smith David Rosen & Associates 400 Orange Street New Haven, CT 06511 203−787−3513 Fax: 203−789−1605 Email: hsmith@robbinsrussell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Bhandary−Alexander New Haven Legal Assistance Assoc. Inc. 426 State Street New Haven, CT 06510−2018 203−946−4811 Fax: 203−498−9271

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 2 of 25

Email: jbhandary−alexander@nhlegal.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P Maguire Federal Public Defender's Office − NH 265 Church St., Suite 702 New Haven, CT 06510−7005 203−654−3034 Fax: 203−789−1605 Email: James_Maguire@fd.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Wishnie Jerome N. Frank Legal Services − Wall St Yale Law School 127 Wall Street New Haven, CT 06511 203−432−4800 Fax: 203−432−1426 Email: michael.wishnie@yale.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Victoria Hazeldean Yale Law School 127 Wall St. New Haven, CT 06520 203−432−4800 Email: susan.hazeldean@yale.edu TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Wilfrido Matute

represented by Amber Nicole Hallett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Lai (See above for address) TERMINATED: 07/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David N. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Hunter Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Bhandary−Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P Maguire (See above for address)

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 3 of 25

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Victoria Hazeldean (See above for address) TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
James Manship Fr.

represented by Amber Nicole Hallett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Lai (See above for address) TERMINATED: 07/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David N. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Hunter Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Bhandary−Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P Maguire (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Victoria Hazeldean (See above for address) TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Segundo Aguayza

represented by Amber Nicole Hallett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Lai

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 4 of 25

(See above for address) TERMINATED: 07/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David N. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Hunter Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Bhandary−Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P Maguire (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Victoria Hazeldean (See above for address) TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Jose Luis Albarracin

represented by Amber Nicole Hallett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Lai (See above for address) TERMINATED: 07/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David N. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Hunter Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Bhandary−Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P Maguire

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 5 of 25

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Victoria Hazeldean (See above for address) TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Welinton Salinas

represented by Amber Nicole Hallett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Lai (See above for address) TERMINATED: 07/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David N. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Hunter Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Bhandary−Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P Maguire (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Victoria Hazeldean (See above for address) TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff John Espinosa

represented by Amber Nicole Hallett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 6 of 25

Anne Lai (See above for address) TERMINATED: 07/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David N. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Hunter Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Bhandary−Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P Maguire (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Victoria Hazeldean (See above for address) TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Guido Xavier Criollo

represented by Amber Nicole Hallett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Lai (See above for address) TERMINATED: 07/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David N. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Hunter Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Bhandary−Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 7 of 25

James P Maguire (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Victoria Hazeldean (See above for address) TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Edgar Torres

represented by Amber Nicole Hallett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Lai (See above for address) TERMINATED: 07/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David N. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Hunter Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Bhandary−Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P Maguire (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Victoria Hazeldean (See above for address) TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Yadanny Garcia TERMINATED: 02/06/2012

represented by Anne Lai (See above for address) TERMINATED: 07/01/2013 LEAD ATTORNEY

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 8 of 25
ATTORNEY TO BE NOTICED
David N. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Bhandary−Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Victoria Hazeldean (See above for address) TERMINATED: 07/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Intervenor Plaintiff
USA TERMINATED: 12/16/2013

represented by USA PRO SE
Krishna R. Patel U.S. Attorney's Office−BPT 915 Lafayette Blvd. Room 309 Bridgeport, CT 06604 203−696−3000 Fax: 203−579−5550 Email: krishna.patel@usdoj.gov TERMINATED: 12/09/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
East Haven Police Dept TERMINATED: 08/12/2014

represented by Alfred J. Zullo Zullo & Jacks LLC 83 Main St., PO Box 120748 East Haven, CT 06512 203−467−1411 Fax: 203−468−2792 Email: azullo@zulloandjacks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hugh F. Keefe Lynch, Traub, Keefe & Errante 52 Trumbull St., Po Box 1612 New Haven, CT 06506 203−787−0275 Email: hkeefe@ltke.com TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 9 of 25

Defendant
Town of East Haven TERMINATED: 08/12/2014

James F. Cirillo , Jr. 128 Chestnut, Floor 2 Branford, CT 06405 203−488−9828 Fax: 203−488−8744 Email: cirillolaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D Popilowski Lynch, Traub, Keefe & Errante 52 Trumbull St., Po Box 1612 New Haven, CT 06506 203−787−0275 Fax: 203−782−0278 Email: mpopilowski@ltke.com TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy Fitzpatrick Myers Lynch, Traub, Keefe & Errante 52 Trumbull St., Po Box 1612 New Haven, CT 06506 203−787−0275 Email: nmyers@ltke.com TERMINATED: 03/07/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia Anne Cofrancesco Law Office of Patricia A. Cofrancesco 89 Kimberly Avenue East Haven, CT 06512 203−467−6003 Fax: 203−467−6004 Email: pattycofrancesco@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alfred J. Zullo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hugh F. Keefe (See above for address) TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James F. Cirillo , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D Popilowski (See above for address) TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 10 of 25

Nancy Fitzpatrick Myers (See above for address) TERMINATED: 03/07/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Anne Cofrancesco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Leonard Gallo Chief, individually and in his official capacity TERMINATED: 08/12/2014

represented by Jonathan J. Einhorn Law Office of Jonathan J. Einhorn 129 Whitney Avenue New Haven, CT 06510 203−777−3777 Fax: 203−782−1721 Email: einhornlawoffice@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Dennis Spaulding Officer, individually and in his official capacity TERMINATED: 08/12/2014

represented by Hugh F. Keefe (See above for address) TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew D Popilowski (See above for address) TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Fitzpatrick Myers (See above for address) TERMINATED: 03/07/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F. Conway Loughlin, FitzGerald, Kamp, Henrici Molloy, Rizzo & Reed 150 South Main St Wallingford, CT 06492 203−265−2035 Email: jconway@lflaw.com ATTORNEY TO BE NOTICED

Defendant
David Cari Officer, individually and in his official capacity

represented by Hugh F. Keefe (See above for address) TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew D Popilowski (See above for address) TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 11 of 25

Nancy Fitzpatrick Myers (See above for address) TERMINATED: 03/07/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Jason Zullo Officer, individually and in his official capacity TERMINATED: 08/12/2014

represented by Hugh F. Keefe (See above for address) TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F. Conway (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew D Popilowski (See above for address) TERMINATED: 01/15/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Fitzpatrick Myers (See above for address) TERMINATED: 03/07/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Norman A. Pattis The Pattis Law Firm, LLC 383 Orange St., First Floor New Haven, CT 06511 203−393−3017 Fax: 203−393−9745 Email: npattis@pattislaw.com TERMINATED: 11/01/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Vincent Ferrara Officer, individually and in his official capacity TERMINATED: 08/12/2014

represented by Richard J. Buturla Berchem Moses P.C. 75 Broad St. Milford, CT 06460 203−783−1200 Fax: 203−878−4912 Email: rbuturla@berchemmoses.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roger B. Calistro Calistro & Airone LLC 396 Orange St. The Carriage House New Haven, CT 06511 203−752−1200 Fax: 203−752−1836 Email: rogerc@ntplx.net TERMINATED: 11/30/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 12 of 25

Warren L. Holcomb Berchem Moses P.C. 75 Broad St. Milford, CT 06460 203−783−1200 Fax: 203−882−0045 Email: wholcomb@berchemmoses.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
David Olson Officer, individually and in his official capacity TERMINATED: 08/12/2014

represented by James Newhall Tallberg Karsten & Tallberg LLC 500 Enterprise Drive, Suite 4B Rocky Hill, CT 06067 860−233−5600 Fax: 860−233−5800 Email: jtallberg@kt−lawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick D Allen Karsten & Tallberg LLC 500 Enterprise Drive, Suite 4B Rocky Hill, CT 06067 860−233−5600 Email: PAllen@kt−lawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Frank Montagna Sergeant, individually and in his official capacity TERMINATED: 02/06/2012

represented by James Newhall Tallberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick D Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Edward Lennon Sergeant, individually and in his official capacity TERMINATED: 02/06/2012

represented by James Newhall Tallberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick D Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Michael Sorbo Officer, individually and in his official capacity TERMINATED: 02/06/2012

represented by James Newhall Tallberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick D Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 13 of 25

Defendant Cheryl Conyers Officer, individually and in her official capacity TERMINATED: 08/12/2014
Defendant John Does 1−10, individually and in their official capacity TERMINATED: 08/12/2014

represented by E. Gregory Cerritelli Knight & Cerritelli, LLC 2 Lincoln Street New Haven, CT 06510 203−624−6115 Fax: 203−624−4791 Email: gcerritelli@kclawyers.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael J. Luzzi Dolan & Luzzi LLC 1337 Dixwell Avenue Hamden, CT 06514 203−230−1678 Fax: 203−230−2552 Email: mluzzi@dolanluzzilaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/26/2010
10/26/2010 10/26/2010 10/26/2010
10/26/2010 10/26/2010 10/26/2010 10/26/2010
10/28/2010

# Docket Text
1 ENTERED IN ERROR − COMPLAINT against All Defendants, filed by John Espinosa, Wilfrido Matute, Marica Chacon, Yadanny Garcia, Welinton Salinas, James Manship, Edgar Torres, Guido Xavier Criollo, Segundo Aguayza, Jose Luis Albarracin.(Rosen, David) Modified on 10/27/2010 − redocketed to create answer record for defendants (Walker, J.). (Entered: 10/26/2010)
Filing fee received from David Rosen & Associates PC: $ 350.00, receipt number N031723 (Kelsey, N.) (Entered: 10/26/2010)
Judge Janet Bond Arterton added. (Walker, J.) (Entered: 10/26/2010)
2 COMPLAINT against David Cari, Cheryl Conyers, John Does, Town of East Haven, East Haven Police Dept, Vincent Ferrara, Leonard Gallo, Edward Lennon, Frank Montagna, David Olson, Michael Sorbo, Dennis Spaulding, Jason Zullo, filed by John Espinosa, Wilfrido Matute, Marcia Chacon, Welinton Salinas, James Manship, Edgar Torres, Guido Xavier Criollo, Segundo Aguayza, Yadanny Garcia, Jose Luis Albarracin. Document 1 corrected to reflect filing is against defendants.(Walker, J.) (Entered: 10/27/2010)
3 Order on Pretrial Deadlines: Motions to Dismiss due on 1/26/2011. Amended Pleadings due by 12/25/2010; Discovery due by 4/27/2011; Dispositive Motions due by 5/27/2011. Signed by Judge Janet Bond Arterton on 10/26/2010. (Kelsey, N.) (Entered: 10/27/2010)
4 ELECTRONIC FILING ORDER − PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Janet Bond Arterton on 10/26/2010. (Kelsey, N.) (Entered: 10/27/2010)
5 STANDING PROTECTIVE ORDER. Signed by Judge Janet Bond Arterton on 10/26/2010. (Kelsey, N.) (Entered: 10/27/2010)
6 NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 2 Complaint, filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, James Manship, John Espinosa, Wilfrido Matute, Edgar Torres, Yadanny Garcia, Welinton Salinas, Guido Xavier Criollo, 3 Order on Pretrial Deadlines, 4 Electronic Filing Order, 5 Standing Protective Order. Signed by Clerk on 10/26/2010. (Kelsey, N.) (Entered: 10/27/2010)
7 Summons Issued as to David Cari, Cheryl Conyers, John Does, Town of East Haven, East Haven Police Dept, Vincent Ferrara, Leonard Gallo, Edward Lennon, Frank

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11/03/2010
11/03/2010
12/06/2010 12/06/2010 12/07/2010
12/08/2010 12/09/2010 12/09/2010 12/10/2010 12/13/2010 12/13/2010 12/15/2010 12/22/2010
12/22/2010
12/23/2010 12/23/2010

Montagna, David Olson, Michael Sorbo, Dennis Spaulding, Jason Zullo. Counsel receiving this electronic notice should download the attached summons for service in accordance with Fed.R.Civ.P. 4 and LR 4. (Kelsey, N.) (Entered: 10/28/2010)
8 NOTICE of Appearance by Michael J. Wishnie on behalf of Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres (Wishnie, Michael) (Entered: 11/03/2010)
9 NOTICE of Appearance by Susan Victoria Hazeldean on behalf of Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres (Hazeldean, Susan) (Entered: 11/03/2010)
10 NOTICE of Appearance by Hugh F. Keefe on behalf of David Cari, Dennis Spaulding, Jason Zullo (Keefe, Hugh) (Entered: 12/06/2010)
11 NOTICE of Appearance by Nancy Fitzpatrick Myers on behalf of David Cari, Dennis Spaulding, Jason Zullo (Myers, Nancy) (Entered: 12/06/2010)
12 NOTICE of Appearance by James Bhandary−Alexander on behalf of Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres (Bhandary−Alexander, James) (Entered: 12/07/2010)
13 NOTICE of Appearance by James Newhall Tallberg on behalf of Edward Lennon, Frank Montagna, David Olson, Michael Sorbo (Tallberg, James) (Entered: 12/08/2010)
14 NOTICE of Appearance by Jonathan J. Einhorn on behalf of Leonard Gallo Individually And In His Official Capacity (Einhorn, Jonathan) (Entered: 12/09/2010)
15 NOTICE of Appearance by E. Gregory Cerritelli on behalf of Cheryl Conyers (Cerritelli, E.) (Entered: 12/09/2010)
16 NOTICE of Appearance by Roger B. Calistro on behalf of Vincent Ferrara (Calistro, Roger) (Entered: 12/10/2010)
17 NOTICE of Appearance by Michael J. Luzzi on behalf of John Does (Luzzi, Michael) (Entered: 12/13/2010)
18 CERTIFICATE OF SERVICE by Vincent Ferrara re 16 Notice of Appearance (Calistro, Roger) (Entered: 12/13/2010)
19 NOTICE of Appearance by Patricia Cofrancesco on behalf of Town of East Haven, East Haven Police Dept (Cofrancesco, Patricia) (Entered: 12/15/2010)
20 WAIVER OF SERVICE Returned Executed as to Vincent Ferrara waiver sent on 10/29/2010, answer due 12/28/2010. filed by John Espinosa; Wilfrido Matute; Marcia Chacon; Welinton Salinas; James Manship; Edgar Torres; Guido Xavier Criollo; Segundo Aguayza; Yadanny Garcia; Jose Luis Albarracin. (Bhandary−Alexander, James) (Entered: 12/22/2010)
21 WAIVER OF SERVICE Returned Executed as to Cheryl Conyers waiver sent on 10/29/2010, answer due 12/28/2010. filed by John Espinosa; Wilfrido Matute; Marcia Chacon; Welinton Salinas; James Manship; Edgar Torres; Guido Xavier Criollo; Segundo Aguayza; Yadanny Garcia; Jose Luis Albarracin. (Bhandary−Alexander, James) (Entered: 12/22/2010)
22 CERTIFICATE OF SERVICE by Town of East Haven, East Haven Police Dept re 19 Notice of Appearance Certificate of Service (Attachments: # 1 Certification of Appearance)(Cofrancesco, Patricia) (Entered: 12/23/2010)
23 WAIVER OF SERVICE Returned Executed as to East Haven Police Dept waiver sent on 10/29/2010, answer due 12/28/2010; Town of East Haven waiver sent on 10/29/2010, answer due 12/28/2010, filed by East Haven Police Dept; Town of East Haven. (Attachments: # 1 Certification)(Cofrancesco, Patricia) Modified on 12/28/2010 to correct date waiver sent and answer deadline (Kelsey, N.). (Entered: 12/23/2010)

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12/23/2010 12/28/2010 01/05/2011 01/06/2011 01/19/2011 01/19/2011 02/03/2011
02/03/2011
02/03/2011
02/06/2011
02/08/2011 02/09/2011 02/09/2011 02/11/2011

24 WAIVER OF SERVICE Returned Executed as to Leonard Gallo waiver sent on 10/29/2010, answer due 12/28/2010. filed by Leonard Gallo. (Einhorn, Jonathan) (Entered: 12/23/2010)
Docket Entry Correction re 23 Waiver of Service Executed: corrected date waiver mailed and answer deadlines. Town of East Haven waiver sent on 10/29/2010, answer due 12/28/2010; East Haven Police Department waiver sent on 10/29/2010, answer due 12/28/2010. (Kelsey, N.) (Entered: 12/28/2010)
25 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit)(Bhandary−Alexander, James) (Entered: 01/05/2011)
A telephonic scheduling conference will be held on February 09, 2011 at 4:30 p.m. before Judge Janet Bond Arterton. Plaintiffs' counsel shall initiate the conference call to chambers: 203−773−2456. (Tooker, A.)(Tooker, A.) (Entered: 01/06/2011)
26 MOTION to Stay by David Cari, Cheryl Conyers, John Does, Vincent Ferrara, Leonard Gallo, Edward Lennon, Frank Montagna, David Olson, Michael Sorbo, Dennis Spaulding, Jason Zullo. Responses due by 2/9/2011 (Keefe, Hugh) Modified on 1/19/2011 to add additional filers (Malone, P.). (Entered: 01/19/2011)
27 Memorandum in Support re 26 MOTION to Stay filed by David Cari, Cheryl Conyers, John Does, Vincent Ferrara, Leonard Gallo, Edward Lennon, Frank Montagna, David Olson, Michael Sorbo, Dennis Spaulding, Jason Zullo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Keefe, Hugh) (Entered: 01/19/2011)
28 WAIVER OF SERVICE Returned Executed as to Jason Zullo waiver sent on 12/20/2010, answer due 2/18/2011. filed by John Espinosa; Wilfrido Matute; Marcia Chacon; Welinton Salinas; James Manship; Edgar Torres; Guido Xavier Criollo; Segundo Aguayza; Yadanny Garcia; Jose Luis Albarracin. (Rosen, David) (Entered: 02/03/2011)
29 WAIVER OF SERVICE Returned Executed as to Dennis Spaulding waiver sent on 12/20/2010, answer due 2/18/2011. filed by John Espinosa; Wilfrido Matute; Marcia Chacon; Welinton Salinas; James Manship; Edgar Torres; Guido Xavier Criollo; Segundo Aguayza; Yadanny Garcia; Jose Luis Albarracin. (Rosen, David) (Entered: 02/03/2011)
30 WAIVER OF SERVICE Returned Executed as to David Cari waiver sent on 12/20/2010, answer due 2/18/2011. filed by John Espinosa; Wilfrido Matute; Marcia Chacon; Welinton Salinas; James Manship; Edgar Torres; Guido Xavier Criollo; Segundo Aguayza; Yadanny Garcia; Jose Luis Albarracin. (Rosen, David) (Entered: 02/03/2011)
31 MOTION for Leave to Appear Law Student Intern Appearances for Dermot Lynch, Tafari Lumumba, Valarie Kaur, and Yaman Salahi by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Attachments: # 1 Exhibit Client Consent Forms)(Wishnie, Michael) Modified on 2/8/2011 to correct motion event (Kelsey, N.). (Entered: 02/06/2011)
32 Memorandum in Opposition re 26 MOTION to Stay filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 02/08/2011)
33 ORDER granting 31 Motion for Law Student Appearance. Signed by Judge Janet Bond Arterton on 2/9/11. (Tooker, A.) (Entered: 02/09/2011)
34 Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephone Scheduling Conference held on 2/9/2011. 30 minutes(Court Reporter S. Montini.) (Torday, B.) (Entered: 02/10/2011)
35 ENDORSEMENT AND SCHEDULING ORDER denying 26 Motion to Stay. See attached order. Signed by Judge Janet Bond Arterton on 2/10/2011. (Kelsey, N.) (Entered: 02/11/2011)

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 16 of 25

02/11/2011
02/28/2011 03/01/2011 03/01/2011 03/01/2011 03/01/2011 03/04/2011 03/23/2011 03/24/2011 04/02/2011
04/06/2011 05/20/2011
05/23/2011 06/22/2011

Set Deadlines: Discovery due by 4/16/2012; Dispositive Motions due by 5/15/2012; Joint Trial Memorandum due by 6/15/2012; Trial Ready Date 11/1/2012; Telephonic Status Conference set for 9/12/2011 at 03:00 PM before Judge Janet Bond Arterton; Second Telephonic Status Conference set for 3/1/2012 at 03:00 PM before Judge Janet Bond Arterton. (Kelsey, N.) (Entered: 02/11/2011)
36 ANSWER to 2 Complaint, with Affirmative Defenses with Jury Demand by Edward Lennon, Frank Montagna, David Olson, Michael Sorbo.(Tallberg, James) (Entered: 02/28/2011)
37 ANSWER to 2 Complaint, with Affirmative Defenses with Jury Demand by Cheryl Conyers.(Cerritelli, E.) (Entered: 03/01/2011)
38 ANSWER to 2 Complaint, with Affirmative Defenses with y by David Cari, Dennis Spaulding, Jason Zullo.(Keefe, Hugh) (Entered: 03/01/2011)
39 ANSWER to 2 Complaint, with Affirmative Defenses with Jury Demand by Town of East Haven, East Haven Police Dept.(Cofrancesco, Patricia) (Entered: 03/01/2011)
40 ANSWER to 2 Complaint, with Affirmative Defenses with Jury Demand by Vincent Ferrara.(Calistro, Roger) (Entered: 03/01/2011)
41 ANSWER to 2 Complaint, with Affirmative Defenses with Jury Demand by Leonard Gallo.(Einhorn, Jonathan) (Entered: 03/04/2011)
42 SEALED MOTION by USA. (Kelsey, N.) (Entered: 03/24/2011)
43 ENDORSEMENT ORDER granting 42 Sealed Motion. Signed by Judge Janet Bond Arterton on 3/23/2011. (Kelsey, N.) (Entered: 03/24/2011)
44 MOTION for Reconsideration re 43 Order on Sealed Motion by David Cari, Cheryl Conyers, John Does, Town of East Haven, Vincent Ferrara, Leonard Gallo, Edward Lennon, Frank Montagna, David Olson, Michael Sorbo, Dennis Spaulding, Jason Zullo.Responses due by 4/23/2011 (Attachments: # 1 Memorandum in Support)(Tallberg, James) (Entered: 04/02/2011)
45 NOTICE of Appearance by James F. Cirillo, Jr on behalf of Town of East Haven, East Haven Police Dept (Cirillo, James) (Entered: 04/06/2011)
46 ENTERED IN ERROR: OBJECTION to Plaintiff's First Set of Requests for Production to Defendant Town of East Haven filed by Town of East Haven, East Haven Police Dept. (Cofrancesco, Patricia) Modified on 5/23/2011: per the local rules, discovery is not to be filed. (Kelsey, N.). (Entered: 05/20/2011)
Docket Entry Correction. Document 46 Objection Entered in Error: Per the Local Rules, Discovery is not to be filed. (Kelsey, N.) . (Entered: 05/23/2011)
47 ORDER: Defendants move for reconsideration of the Court's 43 Order granting the Government's 42 Motion for Leave to Intervene and for a partial stay of discovery, arguing that they had no opportunity to respond to the motion because the Government failed to timely serve it on them. This motion is unopposed. The standard for a motion for reconsideration is "strict." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995). "The major grounds justifying reconsideration are 'an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice,'" Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992) (quoting 18B C. Wright, A. Miller, & E. Cooper, Federal Practice & Procedure § 4478), and reconsideration should be granted only if "the moving party can point to controlling decisions or data that the court overlooked matters, in other words, that might reasonably be expected to alter the conclusion reached by the court," Shrader, 70 F.3d at 257. Because the Court has now been advised that Defendants lacked opportunity to respond to the Governments motion before it was granted, their 44 Motion for Reconsideration is GRANTED. Defendants are directed to file by July 6, 2011 their memorandum in opposition, including their analysis of why the balance of interests weigh against the partial stay of discovery imposed, specifically identifying the items of discovery they have sought or believe they are entitled to in this case, which have been precluded by the stay. Defendants may further challenge the sealing of the Governments motion. The Government will file any reply by July 13, 2011. Signed by Judge Janet Bond Arterton on 6/22/2011.

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06/22/2011 07/06/2011
07/06/2011 07/06/2011
07/07/2011 07/11/2011 07/12/2011 07/14/2011
07/14/2011
07/14/2011 07/15/2011 07/18/2011 07/18/2011 07/21/2011

(Kretman, J.) (Entered: 06/22/2011)
Reset Deadlines as to 42 SEALED MOTION Sealed Motion. Responses due by 7/6/2011; Government reply due 7/13/11 (Torday, B.) (Entered: 06/23/2011)
48 Memorandum in Opposition re 42 SEALED MOTION Sealed Motion filed by David Cari, Cheryl Conyers, John Does, Town of East Haven, East Haven Police Dept, Vincent Ferrara, Leonard Gallo, Edward Lennon, Frank Montagna, David Olson, Michael Sorbo, Dennis Spaulding, Jason Zullo. (Tallberg, James) (Entered: 07/06/2011)
49 NOTICE of Appearance by Patrick D Allen on behalf of Edward Lennon, Frank Montagna, David Olson, Michael Sorbo (Allen, Patrick) (Main Document 49 replaced on 7/7/2011) (Kelsey, N.). (Entered: 07/06/2011)
56 Joint MOTION to Unseal Document 42 SEALED MOTION Sealed Motion filed by USA by David Cari, Cheryl Conyers, John Does, Town of East Haven, East Haven Police Dept, Vincent Ferrara, Leonard Gallo, Edward Lennon, Frank Montagna, David Olson, Michael Sorbo, Dennis Spaulding, Jason Zullo. Correcting Document 48(Malone, P.) (Entered: 07/18/2011)
50 Docket Entry Correction re 49 Notice of Appearance: Corrected pdf. (Kelsey, N.) (Entered: 07/07/2011)
51 MOTION for permission to serve excess interrogatories by David Cari, Dennis Spaulding, Jason Zullo. (Attachments: # 1 Exhibit)(Keefe, Hugh) (Entered: 07/11/2011)
52 MOTION for Extension of Time until July 14, 2011 to File Reply to Defendant's 48 Memorandum in Opposition to 42 Sealed Motion, by USA. (Patel, Krishna) Modified on 7/13/2011 to correct event and add link to underlying motion. (Kelsey, N.). (Entered: 07/12/2011)
53 MOTION for Susan V. Hazeldean to Withdraw as Attorney by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Attachments: # 1 Text of Proposed Order granting motion to withdraw as attorney)(Hazeldean, Susan) (Entered: 07/14/2011)
54 ORDER granting 51 Motion for Permission to Serve Excess Interrogatories; granting 52 Motion for Extension of Time to File Response/Reply (Responses due by 7/14/2011, ); granting 53 Motion to Withdraw as Attorney. Attorney Susan Victoria Hazeldean terminated. Signed by Judge Janet Bond Arterton on 7/14/11. (Tooker, A.) (Entered: 07/14/2011)
55 RESPONSE re 48 Memorandum in Opposition to 42 SEALED Motion, (Government's Reply Memorandum in Response to Defendants' Opposition to Partial Stay of Discovery) filed by USA. (Patel, Krishna) Modified on 7/15/2011 to create link (Brown, S.). (Entered: 07/14/2011)
Set Deadlines/Hearings: Hearing set for 7/27/2011 at 12:00 PM will now be held in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton. (Tooker, A.) (Entered: 07/15/2011)
57 ORDER taking under advisement 42 Sealed Motion; granting 56 Motion to Unseal Document 42 SEALED MOTION Sealed Motion. Signed by Judge Janet Bond Arterton on 7/15/11. (Malone, P.) (Entered: 07/18/2011)
Set Deadlines as to 42 SEALED MOTION Sealed Motion. Motion Hearing set for 7/27/2011 12:00 PM in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton (Malone, P.) (Entered: 07/18/2011)
58 MOTION to Stay Proceedings and Protective Order by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres.Responses due by 8/11/2011 (Attachments: # 1 Memorandum in Support)(Rosen, David). Added MOTION for Protective Order on 7/22/2011 (Brown, S.). Modified on 7/22/2011 to add motion (Brown, S.). (Entered: 07/21/2011)

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 18 of 25

07/21/2011
07/21/2011
07/22/2011 07/26/2011 07/26/2011 07/27/2011
07/27/2011 07/27/2011
07/29/2011 08/04/2011
08/05/2011 08/30/2011
08/31/2011 09/01/2011

59 MOTION to Seal Addendum to Plaintiffs' Memorandum in Support of 58 Motion for Temporary Stay of Proceedings and for Protective Order by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) Modified on 7/21/2011 to create link to motion (Malone, P.). (Entered: 07/21/2011)
60 Sealed Document: Addendum to Memorandum In support by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres re 58 MOTION to Stay Proceedings and Protective Order. (Malone, P.) (Entered: 07/21/2011)
61 Interim Stay of Depositions. Order attached. Signed by Judge Janet Bond Arterton on 7/22/11. (Tooker, A.) (Entered: 07/22/2011)
62 Memorandum in Opposition re 58 MOTION to Stay Proceedings and Protective Order MOTION for Protective Order filed by Edward Lennon, Frank Montagna, David Olson, Michael Sorbo. (Tallberg, James) (Entered: 07/26/2011)
63 Memorandum in Opposition re 58 MOTION to Stay Proceedings and Protective Order MOTION for Protective Order filed by David Cari, Cheryl Conyers, John Does, Town of East Haven, East Haven Police Dept, Vincent Ferrara, Leonard Gallo, Dennis Spaulding, Jason Zullo. (Keefe, Hugh) (Entered: 07/26/2011)
64 REPLY to Response to 58 MOTION to Stay Proceedings and Protective Order MOTION for Protective Order filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 07/27/2011)
65 ORAL MOTION to receive a copy of government"s Exh A, filed under seal. by David Cari, Dennis Spaulding, Jason Zullo.Responses due by 8/17/2011 (Torday, B.) (Entered: 07/27/2011)
66 Minute Entry for proceedings held before Judge Janet Bond Arterton: Motion Hearing held on 7/27/2011 re 58 MOTION to Stay Proceedings and Protective Order MOTION for Protective Order filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, James Manship, John Espinosa, Wilfrido Matute, Edgar Torres, Yadanny Garcia, Welinton Salinas, Guido Xavier Criollo. (Taken Under Advisement) Total Time: 1 hours and 15 minutes(Court Reporter Sharon Montini.) (Torday, B.) (Entered: 07/27/2011)
67 MOTION to Stay of Discovery (Temporary) by USA.Responses due by 8/19/2011 (Patel, Krishna) (Entered: 07/29/2011)
68 Consent MOTION for Extension of Time until 9/10/11 to respond and/or object to defendants' interrogatories and requests for production dated July 12, 2011 by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 08/04/2011)
69 ORDER granting 68 Consent MOTION for Extension of Time until 9/10/11 to respond and/or object to defendants' interrogatories and requests for production dated July 12, 2011. Signed by Clerk on 8/5/2011. (Kelsey, N.) (Entered: 08/05/2011)
70 Consent MOTION for Extension of Time until October 11, 2011 to respond and/or object to defendants' interrogatories and requests for production dated July 12, 2011 by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 08/30/2011)
71 ORDER granting 70 Motion for Extension of Time, with consent, to 10/11/11. Signed by Judge Janet Bond Arterton on 8/31/11. (Tooker, A.) (Entered: 08/31/2011)
72 MOTION for Extension of Time until October 3, 2011 Respond to Interrogatories by David Cari, Dennis Spaulding, Jason Zullo. (Keefe, Hugh) (Entered: 09/01/2011)

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09/01/2011 09/02/2011 09/02/2011 09/02/2011 09/02/2011
09/08/2011 09/13/2011
09/16/2011
09/20/2011 09/21/2011 10/07/2011
10/19/2011 11/28/2011 12/05/2011 12/12/2011
12/14/2011 12/14/2011 12/14/2011

73 ORDER granting 59 Motion to Seal. Signed by Judge Janet Bond Arterton on 9/1/11. (Tooker, A.) (Entered: 09/01/2011)
74 Consent MOTION for Extension of Time until October 3, 2011 to Respond to Interrogatories by Edward Lennon, Frank Montagna, David Olson, Michael Sorbo. (Tallberg, James) (Entered: 09/02/2011)
75 ORDER granting 72 Motion for Extension of Time until October 3, 2011 to respond to Interrogatories. Signed by Clerk on 9/2/2011. (Falcone, K.) (Entered: 09/02/2011)
76 ORDER granting 74 Motion for Extension of Time. Signed by Judge Janet Bond Arterton on 2 September 2011. (Arterton, Janet) (Entered: 09/02/2011)
77 ORDER: Plaintiffs' Motion for Temporary Stay of Proceedings 58 is GRANTED and the Government's Motion to Stay Discovery 67 is GRANTED; Defendants' Motion 65 to Receive a Copy of Government's Exhibit A is DENIED. Signed by Judge Janet Bond Arterton on 09/02/2011. (Flagg, K.) (Entered: 09/02/2011)
The parties' telephonic status conference set down for 9/12/11 is rescheduled to 1/16/12 at 3:00 p.m. Status reports shall be electronically filed by 1/9/12. (Tooker, A.) (Entered: 09/08/2011)
78 NOTICE of Appearance by Anne Lai on behalf of Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres (Lai, Anne) (Entered: 09/13/2011)
79 ENTERED IN ERROR: RESPONSE to Plaintiff's Interrogatories to the Town of East Haven and East Haven Police Department filed by Town of East Haven, East Haven Police Dept. (Cofrancesco, Patricia) Modified on 9/20/2011 (Falcone, K.). (Entered: 09/16/2011)
Docket Entry Correction: Docket entry re 79 entered in error− per Local Rules, discovery is not to be efiled. (Falcone, K.) (Entered: 09/20/2011)
80 ENTERED IN ERROR: RESPONSE filed by John Does. (Luzzi, Michael) Modified on 9/22/2011 (Falcone, K.). (Entered: 09/21/2011)
81 Consent MOTION for Extension of Time until November 10, 2011 to respond to defendants' interrogatories and requests for production dated July 12, 2011 by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 10/07/2011)
82 ORDER granting 81 Motion for Extension of Time, with consent, to 11/10/11. No further extensions will be granted. Signed by Judge Janet Bond Arterton on 10/19/11. (Tooker, A.) (Entered: 10/19/2011)
The parties' telephonic status conference is rescheduled from 1/16/12 to 1/18/12 at 3:30 p.m. Status reports will be electronically filed by 1/11/12. (Tooker, A.) (Entered: 11/28/2011)
83 NOTICE of Appearance by Alfred J. Zullo on behalf of Town of East Haven, East Haven Police Dept (Zullo, Alfred) (Entered: 12/05/2011)
84 MOTION to Dismiss by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres.Responses due by 1/2/2012 (Rosen, David) (Entered: 12/12/2011)
85 NOTICE of Appearance by Hugh F. Keefe on behalf of Town of East Haven, East Haven Police Dept (Keefe, Hugh) (Entered: 12/14/2011)
86 NOTICE of Appearance by Nancy Fitzpatrick Myers on behalf of Town of East Haven, East Haven Police Dept (Myers, Nancy) (Entered: 12/14/2011)
87 MOTION for Leave to File Law Student Appearances for Katherine Chamblee, Christopher Lapinig, Kristin Macleod−Ball, and Joshua Rosenthal by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Attachments: # 1

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 20 of 25

12/16/2011 12/16/2011
12/23/2011 12/27/2011 01/05/2012 01/06/2012 01/10/2012 01/10/2012 01/11/2012 01/11/2012 01/24/2012 01/30/2012 01/30/2012

Exhibit Signed Consent of Clients)(Wishnie, Michael) (Entered: 12/14/2011)
88 OBJECTION re 84 MOTION to Dismiss filed by Edward Lennon, Frank Montagna, Michael Sorbo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Tallberg, James) (Entered: 12/16/2011)
89 TRANSCRIPT of Proceedings: Type of Hearing: Transcript of Oral Argument on Motion for Stay. Held on 7/27/11 before Judge Arterton. Court Reporter: S. Montini. IMPORTANT NOTICE − REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 1/6/2012. Redacted Transcript Deadline set for 1/16/2012. Release of Transcript Restriction set for 3/15/2012. (Montini, S.) (Entered: 12/16/2011)
90 OBJECTION re 84 MOTION to Dismiss filed by David Cari, Town of East Haven, East Haven Police Dept, Dennis Spaulding, Jason Zullo. (Keefe, Hugh) (Entered: 12/23/2011)
91 ORDER granting 87 Motion for Leave to File Law Student Appearance. Signed by Judge Janet Bond Arterton on 12/27/11. (Tooker, A.) (Entered: 12/27/2011)
92 REPLY to Response to 84 MOTION to Dismiss filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 01/05/2012)
93 First MOTION for Extension of Time until February 6, 2012 Telephonic Status Conference by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Lai, Anne) (Entered: 01/06/2012)
94 ORDER granting 93 Motion for Extension of Time. Signed by Judge Janet Bond Arterton on 1/10/12. (Tooker, A.) (Entered: 01/10/2012)
Set Deadlines/Hearings: Status Reports due by 1/30/2012. Telephonic Status Conference rescheduled to 2/6/2012 at 4:30 PM before Judge Janet Bond Arterton. The previously scheduled 1/18/12 and 3/1/12 telephonic status conferences are cancelled. (Tooker, A.) (Entered: 01/10/2012)
95 STATUS REPORT by David Cari, Cheryl Conyers, John Does, Town of East Haven, East Haven Police Dept, Vincent Ferrara, Leonard Gallo, Edward Lennon, Frank Montagna, David Olson, Michael Sorbo, Dennis Spaulding, Jason Zullo. (Keefe, Hugh) (Entered: 01/11/2012)
96 MOTION to Compel by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres.Responses due by 2/1/2012 (Attachments: # 1 Affidavit)(Rosen, David) (Entered: 01/11/2012)
97 MOTION for Extension of Time until March 12, 2012 Respond to Plaintiffs' Motion to Compel Production of Documents in Response to Plaintiffs' First and Second Sets of Requests for Production and to Compel Responses to their First Interrogatory dated January 11, 2011. 96 MOTION to Compel by Town of East Haven, East Haven Police Dept. (Keefe, Hugh) (Entered: 01/24/2012)
Status Reports due by 1/30/2012. Status Conference set for 2/6/2012 04:30 PM before Judge Janet Bond Arterton, Courtroom Two, 141 Church Street, New Haven, Connecticut. (Tooker, A.) (Entered: 01/30/2012)
98 STATUS REPORT by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 21 of 25

02/01/2012
02/01/2012 02/03/2012 02/03/2012 02/06/2012
02/06/2012 02/06/2012
02/14/2012
02/14/2012 02/15/2012 02/16/2012 02/24/2012 02/28/2012 03/02/2012

Matute, Welinton Salinas, Edgar Torres. (Rosen, David) Modified on 1/31/2012 to add a filer to text (Malone, P.). (Entered: 01/30/2012)
99 ORDER granting In Part 97 MOTION for Extension of Time until March 12, 2012 Respond to Plaintiffs' Motion to Compel Production of Documents in Response to Plaintiffs' First and Second Sets of Requests for Production and to Compel Responses to their First Interrogator. Signed by Magistrate Judge Joan G. Margolis on 1/30/12. (Malone, P.) (Entered: 02/01/2012)
Set/Reset Deadlines as to 96 MOTION to Compel. Responses due by 2/21/2012 (Malone, P.) (Entered: 02/01/2012)
100 MOTION to Intervene (Government's Motion and Memorandum of Law in Support of a Stay) by USA.Responses due by 2/24/2012 (Attachments: # 1 Exhibit A)(Patel, Krishna) (Entered: 02/03/2012)
101 NOTICE of Appearance by Norman A. Pattis on behalf of Jason Zullo (Pattis, Norman) (Entered: 02/03/2012)
102 First MOTION to Amend/Correct 2 Complaint, by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres.Responses due by 2/27/2012 (Attachments: # 1 Memorandum in Support Memorandum of Law in Support, # 2 Exhibit Proposed First Amended Complaint)(Wishnie, Michael) (Entered: 02/06/2012)
103 ORDER: Plaintiff Yadanny Garcia's Motion to Dismiss [Doc. # 84] is GRANTED. Signed by Judge Janet Bond Arterton on 2/6/2012. (Flagg, K.) (Entered: 02/06/2012)
104 Minute Entry for proceedings held before Judge Janet Bond Arterton: Motion Hearing held on 2/6/2012 re 84 MOTION to Dismiss filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, James Manship, John Espinosa, Wilfrido Matute, Edgar Torres, Yadanny Garcia, Welinton Salinas, Guido Xavier Criollo, (TELEPHONE Status Conference set for 2/15/2012 04:45 PM before Judge Janet Bond Arterton). Total Time: 1 hours and 30 minutes(Court Reporter S. MONTINI.) (Torday, B.) (Entered: 02/07/2012)
105 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Status Conference set for 2/15/2012 05:00 PM before Judge Janet Bond Arterton Plaintiffs' shall set up the conference call to chambers at 203−773−2456. (Torday, B.) (Entered: 02/14/2012)
Telephonic Status Conference rescheduled for 2/15/2012 at 5:15 PM before Judge Janet Bond Arterton. (Tooker, A.) (Entered: 02/14/2012)
106 MOTION for Nancy F. Myers to Withdraw as Attorney by David Cari, Town of East Haven, East Haven Police Dept, Dennis Spaulding, Jason Zullo. (Myers, Nancy) (Entered: 02/15/2012)
109 Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephone Status Conference held on 2/16/2012. 40 minutes(Court Reporter S. MONTINI.) (Torday, B.) (Entered: 02/29/2012)
107 OBJECTION re 102 First MOTION to Amend/Correct 2 Complaint,First MOTION to Amend/Correct 2 Complaint, filed by Town of East Haven, East Haven Police Dept, David Olson. (Attachments: # 1 Memorandum in Support)(Tallberg, James) (Entered: 02/24/2012)
108 NOTICE by Town of East Haven STATEMENT PURSUANT TO CONNECTICUT GENERAL STATUTES 7−465 (Keefe, Hugh) (Entered: 02/28/2012)
110 REPLY to Response to 102 First MOTION to Amend/Correct 2 Complaint,First MOTION to Amend/Correct 2 Complaint, filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Attachments: # 1 Exhibit A)(Rosen, David) (Entered: 03/02/2012)

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03/05/2012 03/06/2012
03/07/2012 03/08/2012 03/09/2012 03/23/2012 04/06/2012 04/24/2012 04/24/2012 05/24/2012 10/26/2012 10/26/2012 11/01/2012 11/01/2012 11/05/2012

111 OBJECTION Tolling of Statute of Limitations filed by John Does. (Luzzi, Michael) (Entered: 03/05/2012)
112 TRANSCRIPT of Proceedings: Type of Hearing: Transcript of Status Conference. Held on 2/6/12 before Judge Arterton. Court Reporter: S. Montini. IMPORTANT NOTICE − REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 3/27/2012. Redacted Transcript Deadline set for 4/6/2012. Release of Transcript Restriction set for 6/4/2012. (Montini, S.) (Entered: 03/06/2012)
113 ORDER granting 106 Motion to Withdraw as Attorney. Attorney Nancy Fitzpatrick Myers terminated. Signed by Judge Janet Bond Arterton on 3/7/12. (Tooker, A.) (Entered: 03/07/2012)
114 MOTION to Compel Compliance with Connecticut General Statutes 7−465 by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres.Responses due by 3/29/2012 (Rosen, David) (Entered: 03/08/2012)
115 RESPONSE re 111 Objection filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 03/09/2012)
116 RESPONSE to Plaintiffs're: 114 "Motion to Require Compliance with C.G.S. Section 7−465." filed by Town of East Haven. (Keefe, Hugh) Modified on 3/26/2012 to create link(Falcone, K.). (Entered: 03/23/2012)
117 REPLY to Response to 114 MOTION to Compel Compliance with Connecticut General Statutes 7−465 filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Wishnie, Michael) (Entered: 04/06/2012)
118 ORDER granting 100 Motion to Intervene and stay case. Signed by Judge Janet Bond Arterton on 4/23/12. (Torday, B.) (Entered: 04/24/2012)
119 NOTICE of Appearance by Matthew D Popilowski on behalf of David Cari, Town of East Haven, East Haven Police Dept, Dennis Spaulding, Jason Zullo (Popilowski, Matthew) (Entered: 04/24/2012)
120 ORDER terminating 42 Sealed Motion; terminating 96 Motion to Compel; terminating 102 Motion to Amend/Correct; terminating 114 Motion to Compel. Signed by Judge Janet Bond Arterton on 5/24/12. (Torday, B.) (Entered: 05/24/2012)
121 MOTION for Roger B. Calistro to Withdraw as Attorney, MOTION to Compel Appointment of Alternate Counsel (Responses due by 11/16/2012, ) by Vincent Ferrara. (Calistro, Roger) (Entered: 10/26/2012)
122 MOTION for Norman A. Pattis to Withdraw as Attorney by Jason Zullo. (Pattis, Norman) (Entered: 10/26/2012)
123 ORDER granting 122 Motion. Signed by Judge Janet Bond Arterton on 11/1/12. (Tooker, A.) (Entered: 11/01/2012)
124 EXHIBIT certified return receipt redacted by Vincent Ferrara re 121 MOTION for Roger B. Calistro to Withdraw as Attorney MOTION to Compel Appointment of Alternate Counsel. (Calistro, Roger) (Entered: 11/01/2012)
125 NOTICE to Defendant Vincent Ferrara re 121 MOTION for Roger B. Calistro to Withdraw as Attorney MOTION to Compel Appointment of Alternate Counsel. Signed by Judge Janet Bond Arterton on 11/5/12. (Torday, B.) (Additional attachment(s) added on 11/29/2012: # 1 correct pdf) (Torday, B.). (Entered: 11/05/2012)

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11/20/2012 11/29/2012 11/30/2012 11/30/2012 11/30/2012 06/19/2013 06/30/2013
07/01/2013 11/11/2013
11/12/2013
11/12/2013
11/19/2013
11/19/2013
11/26/2013 11/26/2013
11/26/2013 12/09/2013 12/09/2013

126 NOTICE by Vincent Ferrara re 125 Notice re Receipt of Notice and Appearance Form (Calistro, Roger) (Entered: 11/20/2012)
127 Docket Entry Correction re 125 Notice, to corrected pdf (Torday, B.) (Entered: 11/29/2012)
128 NOTICE of Appearance by Richard J. Buturla on behalf of Vincent Ferrara (Buturla, Richard) (Entered: 11/30/2012)
129 NOTICE of Appearance by Warren L. Holcomb on behalf of Vincent Ferrara (Holcomb, Warren) (Entered: 11/30/2012)
130 ORDER granting 121 Motion to Withdraw as Attorney. Attorney Roger B. Calistro terminated; denying 121 Motion to Compel. Signed by Judge Janet Bond Arterton on 11/29/12. (Torday, B.) (Entered: 11/30/2012)
131 ORDER ADMINISTRATIVE DISMISSAL Signed by Judge Janet Bond Arterton on 6/19/13.(Torday, B.) (Entered: 06/19/2013)
132 MOTION for Anne Lai to Withdraw as Attorney by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, Yadanny Garcia, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Lai, Anne) (Entered: 06/30/2013)
133 ORDER granting 132 Motion to Withdraw as Attorney. Attorney Anne Lai terminated. Signed by Judge Janet Bond Arterton on 7/1/13. (Tooker, A.) (Entered: 07/01/2013)
134 MOTION to Reopen Case by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres.Responses due by 12/2/2013 (Rosen, David) (Entered: 11/11/2013)
135 ORDER granting 134 Motion to Reopen Case. The parties' Supplemental 26f report shall be filed by November 26, 2013. Telephonic scheduling/status conference will be held December 9, 2013 at 4:00pm. Plaintiffs' counsel to initiate call.. Signed by Judge Janet Bond Arterton on 11/12/13. (Arterton, Janet) (Entered: 11/12/2013)
Set Deadlines/Hearings: Rule 26 Meeting Report due by 11/26/2013; Telephone Scheduling/Status Conference set for 12/9/2013 04:00 PM before Judge Janet Bond Arterton. Pltaintiffs' counsel to initiate call to chamabers 203−773−2456. (Torday, B.) (Entered: 11/13/2013)
136 NOTICE of Appearance by David Hunter Smith on behalf of Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres (Smith, David) (Entered: 11/19/2013)
137 NOTICE of Appearance by James P Maguire on behalf of Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres (Maguire, James) (Entered: 11/19/2013)
138 MOTION for Krishna R. Patel to Withdraw as Attorney by USA. (Patel, Krishna) (Entered: 11/26/2013)
139 NOTICE of Appearance by Amber Nicole Hallett on behalf of Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres (Hallett, Amber) (Entered: 11/26/2013)
140 Supplemental REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit)(Rosen, David) (Entered: 11/26/2013)
141 ORDER granting 138 Motion to Withdraw as Attorney. Attorney Krishna R. Patel terminated. Signed by Judge Janet Bond Arterton on 12/9/13. (Tooker, A.) (Entered: 12/09/2013)
146 Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephone Status Conference held on 12/9/2013. Total Time: 1 hours(Court Reporter Sharon Montini.) (Torday, B.) (Entered: 12/16/2013)

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 24 of 25

12/11/2013
12/11/2013 12/13/2013 12/16/2013 01/07/2014 01/08/2014 01/08/2014 01/08/2014 01/09/2014
01/15/2014 01/15/2014 02/27/2014 03/12/2014 03/12/2014 03/12/2014 03/25/2014 03/25/2014 06/11/2014
06/11/2014

142 SCHEDULING ORDER: Status Report due by 9/10/2014; Telephone Status Conference set for 9/17/2014 03:15 PM before Judge Janet Bond Arterton; Amended Pleadings due by 3/1/2014; Discovery due by 10/15/2014; Dispositive Motions due by 11/15/2014; Trial Ready Date 4/1/2015; Pltaintiff's motion to compel #96 is DENIED without prejudict to renew. Signed by Judge Janet Bond Arterton on 12/11/13.(Torday, B.) (Entered: 12/11/2013)
143 ORDER denying, without prejudice to renew 96 Motion to Compel. Signed by Judge Janet Bond Arterton on 12/11/13. (Torday, B.) (Entered: 12/11/2013)
144 STIPULATION of Dismissal of Intervening Plaintiff by USA. (Patel, Krishna) (Entered: 12/13/2013)
145 SO ORDERED − 144 Stipulation of Dismissal filed by USA. USA terminated. Signed by Judge Janet Bond Arterton on 12/16/2013.(Garguilo, B) (Entered: 12/16/2013)
147 NOTICE of Appearance by John F. Conway on behalf of Jason Zullo (Conway, John) (Entered: 01/07/2014)
148 MOTION for Matthew D. Popilowski to Withdraw as Attorney by Jason Zullo. (Popilowski, Matthew) (Entered: 01/08/2014)
149 MOTION for Hugh F. Keefe to Withdraw as Attorney by Jason Zullo. (Keefe, Hugh) (Entered: 01/08/2014)
150 MOTION for Protective Order by Jason Zullo.Responses due by 1/29/2014 (Conway, John) (Additional attachment(s) added on 1/9/2014: # 1 Motion − OCR REPLACEMENT PDF) (Garguilo, B). (Entered: 01/08/2014)
151 RESPONSE re 150 MOTION for Protective Order filed by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 01/09/2014)
152 ORDER granting 148 Motion to Withdraw as Attorney. Attorney Matthew D Popilowski terminated. Signed by Judge Janet Bond Arterton on 1/15/14. (Tooker, A.) (Entered: 01/15/2014)
153 ORDER granting 149 Motion to Withdraw as Attorney. Attorney Hugh F. Keefe terminated. Signed by Judge Janet Bond Arterton on 1/15/14. (Tooker, A.) (Entered: 01/15/2014)
154 ORDER denying 150 Motion for Protective Order, as moot and with consent of counsel. Signed by Judge Janet Bond Arterton on 2/27/14. (Tooker, A.) (Entered: 02/27/2014)
155 NOTICE of Appearance by John F. Conway on behalf of Dennis Spaulding (Conway, John) (Entered: 03/12/2014)
156 MOTION for Hugh F. Keefe to Withdraw as Attorney by Dennis Spaulding. (Keefe, Hugh) (Entered: 03/12/2014)
157 MOTION for Matthew D. Popilowski to Withdraw as Attorney by Dennis Spaulding. (Keefe, Hugh) (Entered: 03/12/2014)
158 ORDER granting 156 Motion to Withdraw as Attorney.. Signed by Judge Janet Bond Arterton on 3/25/14. (Tooker, A.) (Entered: 03/25/2014)
159 ORDER granting 157 Motion to Withdraw as Attorney.. Signed by Judge Janet Bond Arterton on 3/24/14. (Tooker, A.) (Entered: 03/25/2014)
160 Joint MOTION to Transfer/Disqualify/Recuse Judge by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 06/11/2014)
161 EXHIBIT by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres re 160 Joint MOTION to Transfer/Disqualify/Recuse Judge . (Rosen, David)

Case: 3:10-cv-1692 As of: 10/31/2017 01:40 PM EDT 25 of 25

06/26/2014
06/26/2014 07/17/2014 08/12/2014
09/18/2014 09/19/2014 09/26/2014 09/26/2014

(Entered: 06/11/2014)
162 In the interest of justice and judicial efficiency, Joint Motion 160 is granted. Inasmuch as the remaining, non−settling defendant Cari has taken no position with respect to the transfer of this case and the adjudication of claims against him, in the interests of justice and judicial economy, the entire case will be and hereby is transferred to the Honorable Alvin W. Thompson. Signed by Judge Janet Bond Arterton on 6/25/14. (Tooker, A.) (Entered: 06/26/2014)
Case Reassigned to Judge Alvin W. Thompson. Judge Janet Bond Arterton no longer assigned to the case pursuant to 162 text order transferring case to AWT. (Malone, P.) (Entered: 06/30/2014)
163 Consent Motion to Approve Stipulation by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres (Attachments: # 1 Exhibit A)(Rosen, David) Modified on 7/18/2014 to correct motion relief (Ferguson, L.). Modified on 7/18/2014 to edit text (Ferguson, L.). (Entered: 07/17/2014)
164 ORDER: The Stipulation of Dismissal (Doc. No. 163 ) is hereby APPROVED. The claims against East Haven Police Department, Town of East Haven, Leonard Gallo, Dennis Spaulding, Jason Zullo, Vincent Ferrara, David Olson, Cheryl Conyers, John Does 1−10, and East Haven Board of Police Commissioners are dismissed in accordance with the terms of the settlement agreement filed by the parties. The sole defendant against whom claims are pending is David Cari. It is so ordered. Signed by Judge Alvin W. Thompson on 08/12/2014. (Bowers, J.) (Entered: 08/12/2014)
165 NOTICE of Appearance by Hugh F. Keefe on behalf of David Cari (Keefe, Hugh) (Entered: 09/18/2014)
166 STIPULATION of Dismissal of Case by Segundo Aguayza, Jose Luis Albarracin, Marcia Chacon, Guido Xavier Criollo, John Espinosa, James Manship, Wilfrido Matute, Welinton Salinas, Edgar Torres. (Rosen, David) (Entered: 09/19/2014)
167 ORDER: Stipulation of dismissal Pursuant to F.R.C.P. 41(a)(1)A)(ii) 166 is hereby APPROVED. The claims as to the sole remaining defendant, David Cari, are hereby DISMISSED with prejudice and without costs. The Clerk shall close this case. It is so ordered. Signed by Judge Alvin W. Thompson on 9/26/2014.(Smith, S.) (Entered: 09/26/2014)
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https://ecf.ctd.uscourts.gov/cgi−bin/Dispatch.pl?survey (Smith, S.) (Entered: 09/26/2014)