Case Document 1 Filed 05/02/19 Page 1 of 11 IN Tl IE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT MABIOR JOK: FF VS. CITY OF BURLINGTON. BRANDON DIEL POZO. INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE FOR CITY OF BURLINGTON. JASON BELLAVANCE. INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A POLICF. OFFICER FOR THE CITY OF BURLINGTON. JOSEPH CORROW. INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A POL-ICE OFFICER FOR THE CITY OF BURLINGTON. IT Civil Action No.3 JURY TRIAL DEMANDED 2mm -2 PH u: CLERK COMPLAINT FOR MONETARY AND DECLARATORY RELIEF I. JURISDICTION I. Jurisdiction ol'this court is attained pursuant to 28 U.S.C. I331. 1343(3). (3) and (4). and 22-01 and is based {in causes arising under 42 U.S.C. 53' 1933 and Bivens v. Six Case Document 1 Filed 05/02/19 Page 2 of 11 Unknown Agents. 403 US. 383. 91 S. Ct. 1999. 29 2d 619 0971). Plaintiff further invokes the pendent jurisdiction of the Court to hear and decide claims arising under Vermont state law. 2. PlaintiffMABlOR JOK (hereinafter was at all times mentioned herein. a resident of the State of Vermont. 3. Defendant CITY OF BURLINGTON is a municipality within the State ofVermont and owns. operates. manages. directs and controls the Burlington Police Department which employs Defendants JASON BELLAVANCE (hereinafter BELLAVANCIZ). and JOSEPH CORROW (hereinafter CURRUW). 4. Defendant BELLAVANCF. is. and was at all times mentioned herein. an of?cer of the City of Burlington Police Department and acting under color ofstate law. He is a shift supervisor with responsibilities for the control. training. supervision and discipline ofofflcers. He participated in the events described below. lie is being sued in his individual and of?cial capacities. 5. Defendant CORROW is. and was at all times mentioned herein. an of?cer ofthe City of Burlington Police Department and acting under color of state law. He participated in the events described below. He is being sued in his individual and official capacities. 6. Defendant RANDUN DEI. POZO (hereinafter (DEL 1307.0) is. and was at all times mentioned herein. the chiet'of police of the Burlington Police Department and acting under color of state law. He is ultimately responsible for the control. training. supervision and discipline of Case Document 1 Filed 05/02/19 Page 3 of 11 of?cers of the Burlington Police Department. He is being sued in his individual and official capacities. OF ACTION 7. This action is brought by l?laintit?t?to recover damages which he has suffered. and which he continues to suffer. as a result of. and to declare unconstitutional. certain actions of delendants. who are a municipality. its? police department. local police officers and the chief of police. Defendants acting under color of state law have subjected Plaintiff to an illegal and unwarranted detention and to the unlawful. unreasonable and excessive use of force in effecting that detention. IV- FIRST CAUSE OF ACTION 8. On September 8. 2018 Plaintiff was standing outside with a group of associates on Main Street in Burlington. Vermont. A conversation became heated attracting the attention of CORROW. who proceeded across Main Street. 9. CORROW approached MABIOR from outside Mabior?s line of sight. without announcing himself or issuing any instructions. and grabbed and slammed him to the ground rendering MABIOR unconscious. The actions drew the attention of bystanders. ll). entire interaction with MABIOR is captured on the audio and video of his AXON brand body camera. I . A bystander. Matthew Vinei captured via video the aftermath throwing MABIOR to the ground rendering him unconscious. Case Document 1 Filed 05/02/19 Page 4 of 11 12. Another bystander. .lacoh (iarrett, captured via video when CORROW grabbed and slammed MABIOR to the ground. l3. Witnesses can be heard asking CORROW if MABIOR was ?alright? and inquiring if he was breathing. l4. BELLAVANCF. arrived and asked CORROW if MABIOR was ?out?? 15. CORROW responded in the attirmative. lo. CORROW made statements that he had witnessed MABIOR ?punch? somebody. l7. MABIOR was left face down on the ground in a pool of his own blood for nearly a minute before being placed in the recovery position. 18. BEILAVANCIE and CURROW rolled MABIOR on to his side. 19. CORROW informed BELLAVANCE in reference to MABIOR that ?he?s 20. CORROW and BELLAVANCE determined that MABIOR could not walk and leli hint seated on the ground. 2] . CORROW informed MABIOR that he was "slammed" because of?what you were doing." 22. MABIOR was spitting up blood in the recovery position. 23. The actions and discussions of are sometimes captured on his AXON brand body camera. Throughout the incident and aftermath CORROW continued to switch the audio ol'his bod); camera offnumerous times. including when he was describing the incident to responders and care providers. Case Document 1 Filed 05/02/19 Page 5 of 11 24. The actions and discussions of BELLAVANCE are captured on his AXON brand body camera. 25. Burlington Fire Department arrived and BELLAVANCE left MABIOR. 2t}. canvassed the scene and interviewed a witness who informed that MABIOR did not strike anyone. The witness directed BELLAVANCE to the condition of MABIOR. BELLAVANCE then placed a hand on the witness. instructed him to leave a public sidewalk. and then told the witness to ?get the fuck out of my way." BIil .l .AVANCE then pushed the witness and moved to speak with other bystanders. 27. BELLAVANCE spoke to a witness who identi?ed a man in a Boston Red Sex hat as the assailant. 28. BELLAVANCIE spoke to another witness. Barnah ?Alex" Komeyan, who stated that MABIUR had not struck anyone. Barnah ?Alex" Komeyan stated he was a friend of MABIOR and worried about his condition. 29. Barnah ?Alex" Komeyan also spoke to Burlington Police Department Of?cer Kelly Schmidt and informed her that MABIOR was trying to break up an altercation. 30. Bill] .AVANCE approached a man in a Boston Red Sox hat and placed his hand on that citizen. The man in a Boston Red Sox hat instructed BELLAVANCF. to remove his hand, and BELLAVANCE complied. The man in a Boston Red Sox hat informed BELLAVANCE he was leaving and BELLAVANCF. continued attempting to converse asking the man in the Boston Red Sox hat ifhe needed medical attention. Barnah ?Alex" Komcyan informed BELLAVANCE that MABIUR needed medical attention and that he and the man in a Boston Red Sox hat would be leaving. Case Document 1 Filed 05/02/19 Page 6 of 11 approached witness Matthew Vinci who observed the altercation and video taped the aftermath. Matthew Vinci informed BELLAVANCE he was ?lming because CORROW ?slammed a guy into the ground that wasn?t involved in a fight." 32. MABIOR was initially charged on a two count information alleging one count of disorderly conduct tight and one count of Resisting Arrest. 33. On April I l. 2019 The State of Vermom dismissed the count of resisting arrest against MABIOR. 34. The State of Vermont subsequently dismissed the disorderly conduct ?ght charge against ABIOR. intentional use of excessive force and physical brutality on MABTOR Ln} U1 constituted an illegal and unreasonable seizure of Plaintiff. 36. At no time did commit any crime in violation ofany local. state or federal law lior which an arrest could lawfully have been made. 37. At no time did MABIOR harass. threaten or resist a lawful arrest in any way. commit any illegal acts. or engage in any conduct which in any way justified the acts of CORROW. 38. At no time did MAHIOR threaten to physically assault CORROW or any other person present. 39. As a direct and proximate result of the actions of Defendants BELLAVANCE. CORROW. DEL 1307.0. and the CITY OF BURLINGTON. MABIOR has suffered injuries and damages. including. but not limited to: a. Physical injury. treatment of which caused MABIOR to incur medical and therapeutic fees and expenses. and associated incidental and consequential costs; Case Document 1 Filed 05/02/19 Page 7 of 11 b. Emotional trauma: c. Physical and mental pain and suffering; d. Disruption of normal body functioning: e. Humiliation and embarrassment; Defendant CORROWE intentional use ofcxcessive force and physical brutality on plaintiffconstitutcd an illegal and unreasonable seizure. 41. Defendant CITY OF BURLINGTON. 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 adequately discipline. train. or otherwise direct or supervise police of?cers concerning the rights ofeitizens and victims. thereby causing police. including Defendant CURROW to engage in the unlawful conduct described above. 42. Defendant CITY OF as a matter of policy and practice, has. with deliberate indifference to well~established constitutional and civil rights ofcitizens ofthc United States and State of Vermont- failed to properly sanction or discipline police of?cers, including Defendant CORROW in this case. for violations ofthe constitutional rights ofcitizens and persons, thereby causing police, including Defendant CORROW to engage in the unlawful conduct set forth herein. 43. Defendant CITY OF BURLINGTON, as a matter of policy and practice. has. with deliberate indifference to well-established constitutional and civil rights ofcitizens ofthc United States and State of Vermont, failed to sanction and discipline police of?cers. including the Defendant CURROW in this case. who are aware of and subsequently conceal violations of the Case Document 1 Filed 05/02/19 Page 8 of 11 constitutional rights ofcitizens and persons by other police olftcers, thereby causing police. including the Defendant CORROW. to engage in the unlawful conduct set forth herein. 44. Defendant DEL has with deliberate indifference to well-established constitutional and civil rights ot?eitizens ofthe United States and State ol?Vermont, failed to adequately control. train. supervise and discipline police officers under his command, including Defendant CORROW for violations of the constitutional rights of citizens and persons. thereby causing police. including Defendant CORROW to engage in unlawful conduct. 45. Defendant BELLAVANC has with deliberate indit?tcrence to well-established constitutional and civil rights of citizens of the United States and State of Vermont. failed to adequately control. train. supervise and discipline police officers under his command. including Defendant CORROW for violations of the constitutional rights of citizens and persons. thereby causing police. including Defendant CORRUW to engage in unlawful conduct. 46. As a direct and proximate result ofDefcndants CORRUW. BELLAVANCE. DEL P020. and the CITY BURIJNGTON actions. referenced above, all of which were unreasonable. unnecessary. and excessive. and which were undertaken by Defendant CORRGW, BELLAVANC ti. DEL P020. and the CITY BU RLINGTUN with gross recklessness and callous indifference to Plaintiff plaintiff is 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. 1983 and the laws ofthe State of Vermont. in particular the right to be free from unlawful seizure. Case Document 1 Filed 05/02/19 Page 9 of 11 V. SECOND CAUSE OF 47. Plaintiff hereby realleges and incorporates by reference all prior allegations. as though fully set forth here. 48. The actions ofDefendant CORROW in this case constitute an assault against MABIUR when CORROW threw him to the ground, causing him to strike his face and head and be rendered unconscious without cause orjustification. 49. This Court has pendent jurisdiction to hear and adjudicate said claims. VI. THIRD CAUSE OF ACTION 50. Plaintiff hereby realleges and incorporates by reference all prior allegations, as though fully set forth here. 5 I . The actions of Defendant CORROW in this case constitute a battery against Plaintiff by causing unwanted physical contact with Plaintiff when he threw Plaintiffto the ground, causing him to strike his face and head and be rendered unconscious without cause orjusti?eation. 52. This Court has pendentjurisdietion to hear and adj udieatc said claims. VII. CAUSE OF ACTION 53. Plaintiff hereby realleges and incorporates by reference all prior allegations, as though fuily set forth here. 54. The actions of Defendant URROW in this case. speci?cally. throwing plaintiff to the ground. causing him to strike his face and head and be rendered unconscious without cause or ustilication, constitutes intentional infliction ofemotional distress. Defendant Case Document 1 Filed 05/02/19 Page 10 of 11 actions were intentional, extreme and outrageous. and were both the actual and proximate cause of severe emotional distress to Plaintiff. 55. This Court has pendent jurisdiction to hear and adjudicate said claims. FIFTH CAUSE OF ACTION 56. Plaintiff hereby reallcges and incorporates by reference all prior allegations. as though fully set forth here. S7. The actions of Defendant CURROW in this case. specifically. throwing plaintilfto the ground. causing him to strike his face and head and be rendered unconscious without cause or justification. constitutes gross negligence. Defendant CORROW. as a police officer acting under color of state law. owed plaintiffs duty ot?care as a citizen and as a potential victim ofan assault. Defendant ORROW shoving plaintiff withoutjusti?cation. which resulted in physical injury. pain and suftering. as well as mental and emotional trauma. pain and suffering. to plaintiff. is a gross and reckless breach ofhis duty ot?eare and the actual and proximate cause of damage to plaintiff. 58. This Court has to hear and adjudicate said claims. IX. SIXTH CAUSE OF ACTION Plaintiff hereby realleges and incorporates by reference all prior allegations. as though fully? set forth here. Defendants CITY OF DEL P020. and BELLAVANCE have negligently failed to control. train. supervise and discipline police of?cers under its and his 10 Case Document 1 Filed 05/02/19 Page 11 of 11 command. including defendant CORROW. regarding knowledge. recognition, and reSpect of, and for violations of. the constitutional rights ofcitizcns and persons. thereby causing police, including CORROW in this case. to engage in the unlawful conduct complained of herein. This Court has pendentjurisdiction to hear and adjudicate said claims. XVII. PRAYER FOR RELIEF WI the Plaintiffs request the following relief: a. Compensatory damages: b. Punitive damages: e. An order of this Court declaring the above actions of Defendants to be illegal and in violation of Plaintiffs? constitutional. statutory and common law rights; d. Reasonable attorney?s tees and costs, pursuant to 42 U.S-C. 1988 and other applicable authority; e. Such other and further reliefas appears reasonable. necessary. just and appropriate. Dated at Pittsford. Vermont, thist?J day ofMa)?. 2019. Respectfully Submitted. MA BIOR JOK ?ii Wfafa/ Rosa SPENSLEY SPENSLEY, 3232 Route 7 Pittslord. VT 05763 (802) 725-83 3 robb@chadwicklawvt.com 11 Case Document 1-1 Filed 05/02/19 Page 1 of 1 IN 4-1 ?In. It} rules purpose (II Inili: Itlng the I. it ll due ket sheet CIVIL COVER SHEET In: 15 44 ciwl cm LI the Information contained herein replace net supplement the llIll'lg, and SCHICL pleadings or other papers as required by law exLept as I I?rm appruvcd hv lht? Lnnl'erent?e 0 United States In September l5 required Fur the use the Clerk oFCeutI Iur the I?J?lv' It?: (JI- PLAINTIFFS Mabior Jok Chum}. Chitte nden I?t? I (C) ."V'rmrt'. Address. Chadwick Spensley. PLLC 136 High Street Bratlleboro, VT 05301 (302)257-7151 DE FEN DA HTS Joseph Corrow Attorneys L'I?mnlv of ResidEncr: Dr Firsl Defendant _thl'lenden City DI Burlington, Vermont; Brandon Del Pozo; Jason Bellavance; HS. IN LAN CASES. USE THE LOCATION OF (JF LAND INVOLVED. II. BASIS OF JURISDICTION .rI'Im-I-nu I'I?rn' IFW I met Huh-I CITIZENSHIP OF PRINCIPAL PARTIES Wat-mm I but Hrujrlr I?Iamrq?f um} NIttfur I FF .1 I'L'tIcI'tIIthIL-stinn DEF DEF Nu: ['Irizcn ol' .?Ilatc I1 I I 4 -1 In This State .7 US. Iim?crnmunl -I I 'ilizL'II I I Incorporated Imu' Prinupal Plan: Fl 5 Fl 5 Defendant Of Business, In Another Slate ('Ilucn LII Subject Me .I- i"I Foreign Nation El CI 6 ['nunlr} Iv RE 0" SUIT I'm! mi 21' "Him! Hm- Hull-J 1 ceramic: . - Insurance PERSONAL INJURY CI 625 Drug Related 422 Appeal 2H LISC ISE Cl .115 False {'Iaims Aer I-I IEII \Iurinc l_ Tilt) Airplane 365 Personal Injury - of I?mperly 2 ?ll! CI all: Withdrawal TH: 'I'nm HI) .M'l :21 I5 Aimlallc I'Iuduct Product I Iahilily I590 Ell l5? 372911.?: -I Ncgollahlc Instrument Liability,- 36? {11ch CI State 33f! Assault. I.ilIel& Pharmaceutical Cl it Enforcement ol' Personal Injury [1 CI Banks and Banking ISI Ael I1 33'! Federal E-I IISU Pillcm l-I 150 Commerce I52 ltI-L?Imn?y til-Defaulted :3 Personal CI 835 - .AIIhrL?xialcd Iflemt'laliml Sludem Luann L'l Injury [3mg Anpllu?lluu :1 470 Racketeer In?uenced and Veterans] 345 Mamie Liability Fl 84" Trademark (_?umrpt (Jrganizatiuns IFS lieu-m}- I iahilily PERSONAL . . W- CI 43!] Consumer Credit CI 33ft Mutt" Vehicle Other ?and I- an I. ahm Standards I3 I I1 485 Telephone ('nnsumer E'l Suits. .155 Muir-r l-I _t'if ?Irulh In Lendmg Act 8m? Black Lung {923?} l-?ruluctiun Act ('JllIer iahili1y (Illicr 72" Lallmr'MatIiIgcmuul 803 HMIBII 4?JIICalIIe11-iat TV :1 I95 LTI Ulht'r llallmgu I'l 8(1-1 Fl IISII 7' I If?liutv 385 I?mperty Ilamape l,almr Act 805 RSI Exchange Fl E?umrlal Injury - Liability Hi and Medical :1 890 Other Slatutnry Actions Mud-cal h-lalpI'aL-IIL'L? Leave Act TI I REAL PROPERTY CIVIL Lalmr Litigarien mem'b TAX 393 Environmental Matters l-l I {'mirimnnatinn Other Rights. Ilahrras Corpus: I?l Retirement Fl ??f?'l'axeb 5. I'IainliIT I-I 395 annIurmanon I'l 1?30 Fouculusure 44F anlnp 3-I Allen lklainL'L' lnuume Ftcurnly Act or Defendant} ACI ?1 33? Rem I vii-Ir XE ?1 Iimpluunuut 5 Mnliurts It! El It'll Party 3% Arbitration ?I'rnln In and 443 Housing; Sentence fl Administrative Procedure 345 Ind I',l 53ft Aula'Ruvicw Inr Appeal of 390 All Real I'I'upurly' I1 445 .1 53-5 Death IMMIERATIUE Decision limpluynt?nl Other: 4&2 Application Cl nf - S-IU Man-minus I't Other l'_l JIM Immiglalion Slate Statutes, t'l 55f} {.?iwl RIglits Actions TI 5? I'I'isull Civil Ilrlairlur: - ut? ('ranlincmt?nt V. hr ?Hr Hm I?Jmll') (Jrigmal ?l 3 l'rum 3 Remandcd from 4 Reinsuited or Cl 5 Fl (I Multidistrict I3 3 Cuurt Appellate Court Heupened Another District .Illgatlnn - Litigation - I?Ipr't'r?rl Transfer Dilecl I Kilt: US. jt't'tll are ?ling [Dar-ml cIrL'jru-isdiutr'rmalsutures rmch-c dim-Mire}: 0 I 42 U. S. 1983 AUES ON (Ileausc Excessive force by police incident to an unlawful arrest VII. REQUESTED IN Lin-17K This ISA CLASS AITI ION DEMAND 5 CIITECK YES 0"ij Il'denmnded in mmplaml' JURYDEMAND: Yes .. . .?nr'r rm I'Irr(INI 5/2/14 ltlf?lill?I-I RI: 't.T FORMEY APPLYING (pet-11M Irrutil: $45} (Q ?ecu?War