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    Barolli Suit

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    mtuccitto
    1. Ersiljo and Vangjel Barolli sued several police officers, security guards, and a nightclub owner for injuries sustained during an altercation at a nightclub on New Year's Day 2010. 2. The security guard dragged the plaintiffs down stairs and threw them outside where a fight ensued. Police officers then arrived and assaulted and arrested the plaintiffs, injuring them. 3. The plaintiffs brought multiple claims against the defendants including excessive force, assault, battery, and negligence.

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    Barolli Suit

    Uploaded by

    mtuccitto
    401 views5 pages
    1. Ersiljo and Vangjel Barolli sued several police officers, security guards, and a nightclub owner for injuries sustained during an altercation at a nightclub on New Year's Day 2010. 2. The security guard dragged the plaintiffs down stairs and threw them outside where a fight ensued. Police officers then arrived and assaulted and arrested the plaintiffs, injuring them. 3. The plaintiffs brought multiple claims against the defendants including excessive force, assault, battery, and negligence.

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    Barolli suit

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    1. Ersiljo and Vangjel Barolli sued several police officers, security guards, and a nightclub owner for injuries sustained during an altercation at a nightclub on New Year's Day 2010. 2. The security guard dragged the plaintiffs down stairs and threw them outside where a fight ensued. Police officers then arrived and assaulted and arrested the plaintiffs, injuring them. 3. The plaintiffs brought multiple claims against the defendants including excessive force, assault, battery, and negligence.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    401 views5 pages

    Barolli Suit

    Uploaded by

    mtuccitto
    1. Ersiljo and Vangjel Barolli sued several police officers, security guards, and a nightclub owner for injuries sustained during an altercation at a nightclub on New Year's Day 2010. 2. The security guard dragged the plaintiffs down stairs and threw them outside where a fight ensued. Police officers then arrived and assaulted and arrested the plaintiffs, injuring them. 3. The plaintiffs brought multiple claims against the defendants including excessive force, assault, battery, and negligence.

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

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

    JANUARY 24, 2013

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

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

    Case 3:12-cv-00029-SRU Document 65 Filed 01/24/13 Page 2 of 5

    4.

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

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

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

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

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

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

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

    9.

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

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

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

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

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

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

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

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

    Case 3:12-cv-00029-SRU Document 65 Filed 01/24/13 Page 4 of 5

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

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

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

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

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

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

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

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

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

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

    24.

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

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

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

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

    Sally A. Roberts

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