Case Document 1 Filed 05/02/19 Page 1 of 21 DISTO 3H6 OURT ID DERH HOHT CTO FILE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT 20? MAY ?2 PH II: 0' CLERK Iv ALBIN PLAINTIFFS VS. CITY OF BURLINGTON, VERMONT: Civil Action BRAN DON POZO. INDIVIDUALLY AND IN OFFICIAL CAPACITY AS CI OF POLICE. FOR THE CITY OF BURLINGTON. VERMONT: JURY TRIAL. DEMANDED JASON INDIVIDUALLY AND IN HIS AS A OFFICER FOR THE CITY OF BURLINGTON. CORY CAMPBELL. INDIVIDUALLY AND IN HIS OFFICIAL. AS A POLICE OFFICER FOR TH [3 CITY OF BURLINGTON, DEFENDANTS COMPLAINT FOR MONETARY AND DECLARATORY RELIEF l. JURISDICTION I. isdicliun this court is attained pmsuam to 28 US bl33I (3) and (4). and 220i and is based on causes of action arising under 42 13' I983 and Bivens Six Case Document 1 Filed 05/02/19 Page 2 of 21 Unknown Agents. 403 US. 388. 9] S. Ct. l999. 29 2d 6l9 (1971). Plaintiff further invokes the pendent jurisdiction of the Court to hear and decide claims arising under Vermont state law. ll. PARTIES 2. Plaintiff ALBIN (hereinafter was at all times mentioned herein. a resident ol?the State ol? Vermont. 3. Plaintii?t?CI IARI .lii MELI (hereinafter was at all times mentioned herein. a resident of the State of Vermont. 4. Plainlii't'Jl?LRliMIE (hereinafter was at all times mentioned herein. a resident of the State ol? Vermont. 5. ALBIN. CHARLIE and are brothers. 6. Defendant CITY OF BURLINGTON is a municipality within the State ot?Vermont and owns. operates. manages. directs and controls the Burlington Police Department which employs Defendants BELLAVANCE (hereinafter and CORY CAMPBELL {hereinafter 7. Defendant CAMPBELL is. and was at all times mentioned herein. an of?cer of the City ol?Burlington Police Department and acting under color of state law. He participated in the events described below. lle is being sued in his individual and of?cial capacities. 8. Defendant BELLAVANCE is. and was at all times mentioned herein. an of?cer of the City ol? Burlington Police Department and acting under color of state law. He is a shift Supervisor with responsibilities for the control. training. supervision and discipline of of?cers. He Case Document 1 Filed 05/02/19 Page 3 of 21 participated in the events described below. He is being sued in his individual and official capacities. 9. Defendant BRANDON DEL POLO (hereinafter is. and was at all times mentioned herein. the chief of police of the Burlington Police Department and acting under color of state law. DEL P070 is ultimately responsible for the control. training. supervision and discipline ofoffieers ol?the Burlington Police Department. He is being sued in his individual and official capacities. NATURE OF 10. This action is brought by JEREMIF. to recover damages which he has suffered. and which he continues to suffer. as a result of. and to declare unconstitutional. certain actions of defendants. who are a municipality. its' police department. local police of licers and the chief of police. Defendants acting under color of state law have subjected JEREMIE to an illegal and unwarranted detention and to the unlawful. unreasonable and excessive use of ?erce in effecting that detention. I. This action is brought by ALBIN to recover damages which he has suffered. and which he continues to suffer. as a result of. and to declare unconstitutional. certain actions of defendants. who are a municipality. its' police department. local police of?cers and the chiefof police. Defendants acting under color of state law have subjected ALBIN to an illegal and unwarranted detention and to the unlawful. unreasonable and excessive use of force in effecting that detention. 12. This action is brought by CHARLIE to recover damages which he has suffered. and which he continues to suffer. as a result of. and to declare unconstitutional. certain actions of Case Document 1 Filed 05/02/19 Page 4 of 21 defendants. who are a municipality. its' police department, local police of?cers and the chief of police. Defendants acting under color of state law have subjected CHARLIE to an illegal and unwarranted detention. IV. PLAINTIFF JEREMIE FIRST CAUSE OF ACTION l3. (In September 8. 20] 8 Plaintiffs ALBIN. CHARLIE. and JEREMIE. along with Kelley Wassic. (II IARI .lE?s significant other. entered a bar. What Ales You. located in Burlington. Vermont. at or about 10:30pm. What Ales You is located in the basement of 4634. 152 St Paul St. Burlington. VT 0540i. Plaintiffs. and Kelley Wassic purchased and consumed alcohol while at What Ales You. I4. or about September 9. 2018 at approximately 12:00am. while still inside What Ales You. JEREMIE separated from ALBIN. CHARLIE. and Kelley Wassic to use the restroom. Shortly thereafter a verbal altercation involving JEREMIE and several unidentified males commenced. ALBIN and CHARLIE approached What Ales You employees to inform them that Plaintiffs- and Kelley Wassic would be leaving the establishment. IS. Kelley Wassic observed employees of What Ales You to be physically accosting and shove him into the ascending stairs at the front of the What Ales You establishment. Kelley Wassic and .IERIEMIE then exited What Ales You. 16. Shortly thereafter Kelley Wassic re?entered What Ales You to locate ALBIN and CHARLIE where she observed CHARLIE being placed in a headlock by an unidenti?ed male. IT. ALBIN. CHARLIE. and Kelley Wassic then exited What Ales You. Case Document 1 Filed 05/02/19 Page call was placed to the Burlington Police Department. Dispatch records indicate that the caller reported that there was an altercation in What Ales You. that no injuries were reported and no weapons were involved. The caller further reported that three black males were involved. 19. and CAMPBELL were at all times mentioned herein Law Enforcement Officers employed by the Burlington Police Department. 20. Plaintiffs. and Kelley Wassic proceeded east on Main Street in Burlington away from What Ales You while being tollowed by employees ofWhat Ales You and the owner of What Ales You. Sinan Eren. Sinan Eren informed Plaintiffs and Kelley Wassic that he had contacted Law Enforcement. 22. JEREMIIZ responded to Sinan Eren by saying that he was going home. 23. Sinan liren continued to engage JEREMIE. following him up Main Street. Sinan Ercn jabbcd .lliRliMll-i in the chest with his ?nger several times. JEREMIF. gestured with his left hand but kept his right hand at his side while he and Sinan Eren argued with each other. JEREMIE proclaimed his innocence to Sinan [iren stating, that ?you guys started this ?ght". 24. Defendant BELLAVANC approached the altercation between Sinan Eren and JEREMIE. Defendant BELLA VANCE did not announce his presence, did not identify himself as a Law Enforcement officer. and did not issue any instructions to either Sinan Eren or ERHMIE. Despite there being no physical altercation between Sinan and Jeremie. Defendant BELLAVANC shoved .lEREMlli in the chest with full force and with both hands. JEREMIE was taken by surprise and unprepared for the blow from BELLAVANCE. JEREMIE fell Case Document 1 Filed 05/02/19 Page 6 of 21 backwards striking his head on a wall. which rendered him unconscious. The sound of JEREMIE's head hitting the wall and his eyes rolling back into his head can be clearly heard and seen on body camera. 25. use of force was completely without cause or justi?cation. 26. ALBIN. Cl Kelley Wassic. and Nate Bradbury, an independent bystander, who just happened to be outside at the time ofthe assault perpetrated by BELLAVANCIZ on .llriRliMIE. all observed REMIF. as he lay non-responsive on the ground and became concerned for his physical well being. 27. Defendant BELLAVANCE did not check JEREMIE for a pulse while he was non-responsive. BELLAVANCE rolled JEREMIE onto his stomach. Of?cer Erica Schaller of the Burlington Police Department (hereinafter "Of?cer Schaller?") arrived and placed her knee on the back of neck. 28. BELLAVANCE informed Of?cer Schaller ofthe injury to head. Of?cer Schallcr did not immediately remove her knee from the back neck. While JEREMIH was prone on the ground Of?cer Vincent Ross of the Burlington Police Department (hereinafter ?Of?cer Ross?) threatened to deploy a TASER brand Electronic Stun Device on JEREMIE. Officer Schaller and Of?cer Ross at the direction of assisted in the illegal detention oflliREMlE which was initiated by assault on JEREMIE. 29. Alter being arrested. .IHREMIE continued to show ol?suffering a serious head injury, including the intermittent loss of consciousness and vomiting. 30. BELLAVANC inlormed several Of?cers and responding Emergency Medical Technicians that .lEREMll-i had suffered a head injury. Case Document 1 Filed 05/02/19 Page 7 of 21 3 l. After a brief check from the EMTs, where JEREMIE demonstrated a great deal of confusion. The EM'l's cleared him. 32. Instead of transporting .ll-iRliMlE to the hospital. BELLAVANCE directed Of?cer Sehaller and Of?cer Ross to process at the Burlington Police Department. 33. Only after being processed and cited for simple assault and disorderly conduct. did Of?cer Schaller and Officer Ross transport JEREMIE to UVM Medical Center. 34. Despite there being substantial evidence that JEREMIE had suffered a serious brain injury. UVM Medical only briefly evaluated JliRl?iMlE and then released him back into the custody of the Burlington Police Department. 35. was then transported to Chittenden County Correctional Facility where he was lodged until the next day. 36. All criminal charges brought against JEREMIF. haVe been dismissed by the Chittenden State?s Attorney?s Of?ce. 37. .lERliMll'i continues to suffer injuries as a result ol'the battery of BELLAVANCE including vision. balance and comprehension dif?culties that have required special accommodations to be made lior JEREMIF. as he pursues a medical degree. 38. intentional use ofexeessivc force and physical brutality on JEREMIE constituted an illegal and unreasonable seizure oflEREMlli. At no time did JEREMIE commit any crime in violation of any local. state or federal law for which an arrest could lawfully have been made. 40. At no time did JEREMIE harass. threaten or resist a lawful arrest in any way, commit any illegal acts. or engage in any conduct which in any way justi?ed the acts of BIELLAVANCE. Case Document 1 Filed 05/02/19 Page 8 of 21 At no time did JEREMIE threaten to physically assault BHLLAVANCE or any other person present. 42. As a direct and proximate result ofthe actions of Defendant BELLAVANCE, DEL P0210. and the Cl'l'Y 0F BURLINGTON. Plaintiff JEREMIE has suffered injuries and damages. including. but not limited to: a. Physical injury. treatment of which caused to incur medical and therapeutic fees and expenses. and associated incidental and consequential costs; b. Emotional trauma; c. Physical and mental pain and suffering: d. Disruption of normal body functioning: c. Humiliation and embarrassment: 43. Defendant BELLAVANCES intentional use of excessive force and physical brutality on .lEREMll-i constituted an illegal and unreasonable seizure. 44. Defendant CITY OF BURLINGTON. as a matter of policy and practice. has. with deliberate indifference to well-established constitutional and civil rights of citizens of the United States and State of Vermont failed to adequately discipline. train, or otherwise direct or supervise police of?cers concerning the rights of citizens and victims. thereby causing police, including Defendant BELLAVANCF. to engage in the unlawlul conduct described above. 45. Defendant CITY OF BURLINGTON, as a matter of policy and practice. has. with deliberate indifference to well-established constitutional and civil rights ofcitizens ofthe United States and State of Vermont. failed to properly sanction or discipline police of?cers. including Case Document 1 Filed 05/02/19 Page 9 of 21 Defendant BELLAVANCIE in this case. for violations of the constitutional rights of citizens and persons, thereby causing police, including Defendant to engage in the unlawful conduct set forth herein. 46. Delendant CITY OF BUR as a matter of policy and practice, has, with deliberate indifference to well-established constitutional and civil rights ofcitizens of the United States and State ofVermont. failed to sanction and discipline police of?cers. including the Defendant in this case. who are aware of and subsequently conceal violations of the constitutional rights of citizens and persons by other police of?cers, thereby causing police. including the Defendant BELLAVANC E. to engage in the unlawful conduct set forth herein. 47. Defendant POZO has with deliberate indifference to well-established constitutional and civil rights ofcitizens of the United States and State of Vermont, failed to adequately control. train. supervise and discipline police officers under his command, including Defendant BELLAVANCE for violations ofthe constitutionai rights of citizens and persons, thereby causing police. including Defendant BELLAVANCE to engage in unlawful conduct- 48. As a direct and proximate result of Defendants BELLAVANCE, P020. and the CITY OF BURLINGTON actions, referenced above, all of which were unreasonable. unnecessary. and excessive, and which were undertaken by Defendant BELIAVANC E, DEL and the CITY OF BURUNGTON with gross recklessness and callous indifference to Plaintiff JER EMIE ?s protected constitutional rights, privileges and immunities secured to him by the Fourth, Fifth and Fourteenth Amendments to the United States Constitution, in violation of 42 U.S.C. l983 and the laws ofthe State ofVermont. in particular the right to be free from unlawful seizure. Case Document 1 Filed 05/02/19 Page 10 of 21 V. JERIIMIE SECOND CAUSE Oli ACTION 49. Plaintiff JEREMIE hereby rcallcges and incorporates by reference all prior allegations. as though Tully set forth here. 50. The actions of Defendant BELLAVANCE in this case constitute as an assault against JEREMIE when BELLAVANCE shoved JEREMIE into a wall. causing him to strike his head and be rendered unconscious without cause orjustitication. 5 l. This Court has pendent jurisdiction to hear and adjudicate said claims. VI. PLAINTIFF JEREMIE THIRD CAUSE OF ACTION UI JIEREMIE hereby realleges and incorporates by reference all prior allegations. as though fully set forth here. 53. The actions BELLAVANCE in this case constitute a battery against JEREMIE by causing unwanted physical contact with JEREMIE when he shoved JEREMIE into a wall. causing him to strike his head and be rendered unconscious without cause or justification. 54. This Court has pendent jurisdiction to hear and adjudicate said claims. VII. PLAINTIFF JEREMIE FOURTH CAUSE OF ACTION 55. .IEREMIE hereby realleges and incorporates by reference all prior allegations, as though fully set Forth here. 56. The actions of Defendant BELLAVANCE in this case. speci?cally. shoving JEREMIE into a wall. causing him to strike his head and be rendered unconscious without cause or justilication. constitutes intentional in?iction ofemotional distress. Defendant 10 Case Document 1 Filed 05/02/19 Page 11 of 21 actions were intentional, extreme and outrageous, and were both the actual and proximate cause of severe emotional distress to JEREMIE. 57'. This Court has pendent jurisdiction to hear and adjudicate said claims. PLAINTIFF JEREMIE FIFTH CAUSE OF ACTION 58. JIEREMIE hereby reallcges and incorporates by reference all prior allegations. as though fully set forth here. 59. The actions of Defendant BELLAVANC Ii in this case. specifically. shoving JEREMIE into a wall. causing him to strike his head and be rendered unconscious without cause or justification, constitutes gross negligence. Defendant BELLAVANCE. as a police of?cer acting under color ofstate law. owed JEREMIF. a duty of care as a citizen and as a potential victim of an assault. Defendant BELLAVANCE shoving JEREMIE withoutjustification, which resulted in physical injury. pain and suffering, as well as mental and emotional trauma, pain and sufficring. to is a gross and reckless breach of his duty of care and the actual and proximate cause ofdamagc to JEREMIE. 60. This Court has pendent jurisdiction to hear and adjudicate said claims. lX. .IEREMIE SIXTH CAUSE OF ACTION JEREMIE hereby rcalleges and incorporates by reference all prior allegations, as though fully set forth here. 62. Defendants CITY OF BURLINGTON and DEL POZO have negligently failed to control. train, supervise and discipline police of?cers under its and his command, including defendant 11 Case Document 1 Filed 05/02/19 Page 12 of 21 BELLAVANCE. regarding knowledge, recognition. and respect of, and for violations of. the constitutional rights of citizens and persons. thereby causing police, including BELLAVANCIZ in this case, to engage in the unlawful conduct complained of herein. 63. This Court has pendentjurisdietion to hear and adjudicate said claims. X. PLAINTIFF ALBIN MELTS FIRST CAUSE OF ACTION 64. AIBIN hereby realleges and incorporates by reference all prior allegations. as though fully set forth here. 65. Defendant CAMPBELL arrived on scene and engaged ALBIN. 66. ALBIN was clearlyr upset due to his witnessing the assault of his brother JEREMIE by BELLAVANCE. 67'. Defendant CAMPBELL saw ALBIN place his hand on another officer multiple times during their interaction. 68. None actions were aggressive or threatening. 69. ALBIN attempted to converse with CAMPBELL stating that what he had witnessed was ?not right". ALBIN responded to questions and provided his photo ID. 70. CAMPBELL accused ALBIN of escalating the situation. Nate Bradbury responded that statement was incorrect. CAMPBELL became combative towards Nate Bradbury telling him to ?back the fuck up." 71. Defendant BELLAVANCE is a Sergeant in the Burlington Police Department and observed CAMPBELL. an officer of lower rank become aggressive towards citizen witness Nate 12 Case Document 1 Filed 05/02/19 Page 13 of 21 Bradbury. BEL LAVANCE took no corrective action with regards to behavior towards Nate Bradbury and took no action to defuse the tension created by CAMPBELL. 72. ALBIN attempted to return attention to the of?cers who were arresting his brother JEREMIE by placing his hand on shoulder and pointing to his brother and asking CAMPBELL. "can you please tell them to stop?. 73. In response to this question. CAMPBELL. BELLAVANCE. and other members of the Burlington Police Department tackled ALBIN. taking him to the ground, tearing ligaments in ALBIN's thumb and placing him under arrest. 74. The entire interaction was witnessed by numerous bystanders including Nate Bradbury. who was standing next to ALBIN throughout his interaction with CAMPBELL. 75. The entire interaction between CAMPBELL and can be clearly seen and heard by the body camera footage BELLAVANCE. and other Burlington Police ()??icers present. 76. ALBIN informed CAMPBELL that his arm was being injured during the arrest process. CAMPBELL acknowledged this statement but took no corrective action. 77'. ALBIN was taken into custody and cited for the criminal offenses of Assault on a Law finlorcement Dilicer. Disorderly Conduct and Impeding a Law Enforcement Of?cer. 73. ALBIN has suffered serious hand injuries necessitating a cast. which have required physical therapy. 79. These injuries have greatly impacted ability to perform his professional duties as an electrical engineer. 13 Case Document 1 Filed 05/02/19 Page 14 of 21 80. All criminal charges brought against ALBIN have been dismissed by the Chittenden County State?s Attorney?s Of?ce. At no time did ALBIN commit any crime in violation of any local. state or federal law for which an arrest could lawfully have been made. 82. At no time did ALBIN harass. threaten or resist a lawful arrest in any way. commit any illegal acts. or engage in any conduct which in any way justi?ed the acts of CAMPBELL or 83. At no time did ALBIN threaten to harm CAMPBELL. BELLAVANCE, or any other person present. 84. As a direct and proximate result ol'the actions of Defendants CAMPBELL, BELLAVANCE. DEL and the CITY OF Al .BIN has suffered injuries and damages. including. but not limited to: a. Physical inj ury, treatment of which caused Plainti'ffJEREMlE to incur medical and therapeutic fees and expenses. and associated incidental and consequential costs; b. Emotional trauma; c. Physical and mental pain and suffering; d. Disruption ofnonnal body functioning; e. Humiliation and embarrassment; 85. Defendants? CAMPBELL and BELLAVANCE intentional use ofexcessive force and physical brutality on ALBIN constituted an illegal and unreasonable seizure. 14 Case Document 1 Filed 05/02/19 Page 15 of 21 36. Defendant CITY OF BURLINGTON. as a matter of policy and practice. has. with deliberate indifference to well-established constitutional and civil rights of citizens of the United States and State ofVemtont failed to adequately discipline. train. or otherwise direct or supervise police of?cers concerning the rights ofcitisens and victims. thereby causing police. including Defendants CAMPBELL and BELLAVANCE. to engage in the unlawful conduct described above. 87'. Defendant CITY OF as a matter of policy and practice. has, with deliberate indifference to well-established constitutional and civil rights ofcitizens of the United States and State of Vermont. failed to properly sanction or discipline police of?cers. including Defendants CAMPBELL and BELLAVANC 1-5 in this case. for violations ofthe constitutional rights ofcitizens and persons, thereby causing police. including Defendants CAMPBELL and BELLA VANCE to engage in the unlawful conduct set forth herein. 88. Defendant CITY OF BURLINGTON. as a matter of policy and practice. has. with deliberate indifference to well-established constitutional and civil rights ofeitizens of the United States and State ofVermont. failed to sanction and discipline police of ?cers. including the Defendants CAMPBELL and BELLAVANCE in this case. who are aware ofand subsequently conceal violations of the constitutional rights of citizens and persons by other police officers. thereby causing police. including the Defendants CAMPBELL and BELLAVANCE to engage in the unlawful conduct set forth herein. Defendant Dill. P010 has with deliberate indifference to well-established constitutional and civil rights ofeitizens of the United States and State of Vermont. failed to adequately control. train. supervise and discipline police officers under his command. including Defendants 15 Case Document 1 Filed 05/02/19 Page 16 of 21 CAMPBELL and BELLAVANCE, for violations of the constitutional rights of citizens and persons. thereby causing police, including Defendants CAMPBELL and BELLAVANCE to engage in unlawful conduct. 90. As a direct and proximate result of Det?endants? CAMPBELL BELLAVANCE, DEL POZO. and the CITY OF BURLINGTON actions. referenced above. all of which were unreasonable. unnecessary, and excessive. and which were undertaken by Delendants CAMPBELL. BIEILLAVANCE. DEL POZO. and the CITY OF with gross recklessness and callous indifference to ALBIN 's protected constitutional rights, privileges and immunities secured to him by the Fourth. Fifth and Fourteenth Amendments to the United States Constitution, in violation of 42 1983 and the laws of the State ofVermonL in particular the right to be free from unlawful seizure. XI. PLAINTIFF ALBIN SECOND CAUSE OF ACTION 9L ALBIN hereby realleges and incorporates by reference all prior allegations. as though fully set forth here. 92. The actions of Defendant BELLAVANCE in this case constitute an intentional infliction of emotional distress on ALHIN when BELLAVANCE assaulted brother JEREMIE and unlawfully took him into custodyr in front of ALBIN and when CAMPBELL and BELLAVANCE physically assaulted ALBIN and took him into custody,r withoutjust cause. 93. The actions of Defendant CAMPBELL and BELLAVANCE in this case. speci?cally. constitutes intentional infliction ofemotional distress. Defendant CAMPBELL and 1B Case Document 1 Filed 05/02/19 Page 17 of 21 BELLAVANCITS actions were intentional. extreme and outrageous. and were both the actual and proximate cause ol? severe emotional distress to Plaintiff ALBIN. 94. This Court has pendent jurisdiction to hear and adjudicate said claims. XII. PLAINTIFF ALBIN MELIIS THIRD CAUSE OF ACTION 95. ALBIN hereby reallegcs and incorporates by reference all prior allegations, as though Fully set ['0th here. 96. The actions ol" Defendant CAMPBELL and BELLAVANCE in this case constitute a battery against ALBIN. by causing unwanted physical contact with ALBIN when CAMPBELL and BELLAVANCE threw ALBIN to the ground and intentionally injured him. This Court has pendentjurisdiction to hear and adjudicate said claims. ALBIN FOURTH CAUSE OF ACTION 98. ALBIN hereby realleges and incorporates by reference all prior allegations. as though fully set forth here. The actions of Defendant CAMPBELL and BELLAVANCE in this case, speci?cally. when they threw ALBIN to the ground and intentionally injured him without cause or justi?cation. constitutes gross negligence. Defendants CAMPBELL and BELLAVANCE. as police of?cers acting under color 01' state law. owed ALBIN a duty ol'care as a citizen and as a potential victim ol?an assault. Defendant CAMPBELL and ELLAVANCE throwing ALBIN to the ground and intentionally injuring him without justi?cation. which resulted in physical inj ury, pain and suffering. as well as mental and emotional tra uma, pain and suffering, is a gross and 17 Case Document 1 Filed 05/02/19 Page 18 of 21 reckless breach of their duty of care and the actual and proximate cause ofdamage to the Plaintiff. 100. This Court has pendent jurisdiction to hear and adjudicate said claims. XIV. PLAINTIFF ALBIN FIFTH CAUSE OF ACTION IUI. ALBIN hereby reallegcs and incorporates by reference all prior allegations. as though fully set forth here. l02. Defendants CITY OF BURLINGTON. BELLAVANCE and DEL PO71) have negligently failed to control. train. supervise and discipline police officers under its and his command, including defendants BELLAVANCIE and CAMPBELL. regarding knowledge, recognition. and respect of. and for violations of, the constitutional rights of citizens and persons. thereby causing police. including defendants BELLAVANCE and CAMPBELL in this case, to engage in the unlawful conduct complained of herein. IU3. This Court has pendenljurisdiction to hear and adjudicate said claims. XV. PLAINTIFF CHARLIE FIRST CAUSE OF ACTION hereby realleges and incorporates by reference all prior allegations, as though fully set forth here. 105. CHARLIE witnessed both his brothers being assaulted and arrested by members of the Burlington Police Department including Defendants CAMPBELL and BELLAVANCE. 106. CHARLIE was emotionally distressed as he witnessed his brothers being taken into custody . 18 Case Document 1 Filed 05/02/19 Page 19 of 21 107. was detained and placed in the back of a squad ear. While talking with Of?cer John Lewis. Officer Lewis acknowledged that CHARLIE didn?t push anyone. IOS. CHARLIE informed Of ficer John Lewis of the Burlington Police Department that he lived in Burlington. 109. BELLAVANCE instructed Of?cer John Lewis to issue a citation for impeding an officer or disorderly conduct but noted that he did not observe the behavior alleged to have oecured. 1 l0. CHARLIE was detained at the scene. arrested and then lodged at Chittenden County Correctional Facility where he was cited for Disorderly Conduct. 1 l. All charges against CHARLIE were subsequently dismissed by the Chittenden County State?s Attorney's Office. I 12. At no time did CHARI .lli commit any crime in violation ofany local, state or federal law for which an arrest could lawfully have been made. 1 13. At no time did CHARLIE harass. threaten or resist a lawful arrest in any way. commit any illegal acts. or engage in any conduct which in any way justi?ed the acts of BELLAVANC E. 1 14. At no time did CHARLIE threaten to harm anyone present. 1 l5. As a direct and proximate result ofthe actions of Defendants BELLAVANCE. DEL 1307.0. and the CITY OF BURLINGTON. CHARLIE has suffered injuries and damages, including. but not limited to: a. Emotional trauma; b. Mental pain and suffering; c. Humiliation and embarrassment: 19 Case Document 1 Filed 05/02/19 Page direct and proximate result of Defendants? BELLAVANCE, CAMPBELL. DEL P020. and the OF actions. referenced above. all ot?which were unreasonable- unnecessary. and excessive. and which were undertaken by Defendants CAMPBELL. DEL PUZO. and the CITY OF with gross recklessness and callous indifference to protected constitutional rights. privileges and immunities secured to him by the Fourth. Fifth and Fourteenth Amendments to the United States Constitution. in violation 01'42 U.S.C. 1983 and the laws ot?thc State of Vermont. in particular the right to be free from unlawful seizure. XVI. PRAYER FOR RELIEF WHEREFORE. the Plaintiffs request the following relief: a. b. Compensatory damages; Punitive damages; An order ol? this Court declaring the above actions of Defendants to be illegal and in violation of Plaintil?t's' constitutional. statutory and common law rights; Reasonable attorney's fees and costs. pursuant to 42 I983 and other applicable authority: Such other and further relief as appears reasonable. necessary. just and appropriate. FURTHER TEXT ON THIS 20 Case Document 1 Filed 05/02/19 Page 21 of 21 Dated at Brattlehom, Vermont. this 242139" of May. 2019. Respectful Submitted. ALBIN MELL CHARLIE MELI And JEREMIE EVAN ESQ. CHADWICK SPENSLEY, PLLC I36 High Street Brattleboro, VT 0530] (802) 257-7l61 evan@chadwicklawvt.cem 21