Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 1 of 10

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IN THE I.]NITED STATES DISTRJCT COURT
FORTHE DISTRICT OF VERMONT

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AMYCONNELLY
PLAINTIFR
vs.

CITY OF ST. ALBANS, VERMONT;

Civil Action

No.2:20'ev'e{

GARY TAYLOR,
INDIVIDUALLY AND IN HIS OFFICIAL
CAPACITY AS CHIEF OF POLICE FOR
TTIE CITY OF ST. ALBANS, VERMONT; JURY TRIAL DEMANDED
JASON LAWTON,

INDIVIDUALLY AND IN HIS OFFICIAL
CAPACITY AS A POLICE OFFICER FOR
THE CITY OF ST. ALBANS, VERMONT;
ZAC}iARY KOCH,
INDIVIDUALLY AND IN HIS OFFICIAL
CAPACITY AS A POLICE OFFICER FOR
T}IE CITY OF ST. ALBANS, VERMONT;
MICHAEL FERGUSON,
INDIVIDUALLY AND IN HIS OFFICIAL
CAPACITY AS A POLICE OFFICER FOR
THE CITY OF ST. ALBANS, VERMONT;
DEFENDANTS.

COMPLAINT X'OR MONETARY DAMAGES AND DECLARATORY RELIEX'
I.ruRISDICTION

 Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 2 of 10

l.

Jurisdiction of this court is attained pursuant to 28 U.S.C. $ 1331, 1343(a), (3) and (4),

and2201and is based on causes of action arising under.42 U.S.C. $ 1983 and Bivens v. Six
Unknown Agents,403 U.S. 388,

9l

S.

Ct1999,29L.Ed.2d

619 (1971).

Plaintiffturther

invokes the pendent jurisdiction of the Court to hear and decide claims arising under Vermont
state law.

II. PARTIES

2.

PlaintiffAMY CONNELLY (hereinafter "CONNELLY')

herei4

a resident

3.

Defendant CITY OF ST. ALBANS is a municipality within the State of Verrnont, and

ofthe

State

was at all times mentioned

of Vermont.

owns, operates, manages, directs and controls the St. Albans Police Departsnent which employs
Defendants GARY'IAYLOR (hereinafter "TAYLOR

), ZACHARY KOCH (hereinafter

"KOCH"), MICHAEL FERGUSON (hereinafter *FERGUSON").

4.

Defendant CITY OF ST. ALBANS is a municipality within the State of Vermont and

owns, operates, manages, directs and controls the St. Albans Police Department which at all
times relevant ernployed Defendant JASON LAWTON (hereinafter "LAWTON').

5.

Defendant LA1VTON was at all times mentioned herein, an offrcer with the City of St.

Albans Police Departrnent and acting under color of state law. LAWTON participated in the
events described below. He is being sued in his individual and official capacities.

6.

Defendant KOCH is, and was at all times mentioned herein, an officer with the City

of

St. Albans Police Department and acting under color of state law. KOCH participated in the
events described below. He is being sued in his individual and official capacities.

2

 Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 3 of 10

7.

Defendant FERGUSON is, and was at all times mentioned herein, an officer with the

City of St. Albans Police Departnent and acting under color of state law. FERGUSON
participated in the events described below. He is being sued in his individual and official
capacities.

8.

Defendant TAYLOR was at all times mentioned herein, the chief of police of the St.

Albans Police Depar[nent and acting under color of state law. TAYLOR is ultimately responsible
for the control, training, supervision and discipline of officers of the St. Albans Police
Departrnent. TAYLOR is being sued in his individual and official capacities.

III. NATURE OF ACTION

9.

This action is brought by CONNELLY to recover damages which she has sufered, and

which she continues to sufer, and to declare unconstifutional, certain actions of Defendants, who
are a municipality, its police departnent, local police officers and the chief of police. Defendants

acting under color of state law have subjected CONNELLY to an illegal and unwarranted
detention" to the unlawful, rmreasonable and excessive use of force in efecting that daentiorl
and failed to intervene to prcvent the foregoing.

IV. PLAINTIFF'S FIRST CAUSE OF ACTION

10.

On March l4th,2019 at approximately 7:55pm PlaintiffCONNELLY was arrested by

KOCH and transported to the St. Albans Police Departrnent for processing wher€ she was placed
in a holding cell while handcuffed.
I

l

12.

While CONNELLY was in the holding cell she began to kick at the door and yell.
LAWTON was eating dinner in the next room and heard the noise, stopped eating, and

went to the cell and opened the door.

 Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 4 of 10

13.

CONNELLY at this point, had stood up while still handcufied. LAWTON instucted

CONNELLY to sit down. CONNELLY replied "no."

14.

LAWTON then slroved CONNELLY full force into the back of the holding cell, taking

her offher feet and causing her head to make contact with the wall of the cell. CONNELLY then

informed KOCH and FERGUSON, who had followed LAWTON to the holding cell, that

LAWTON's shove had inrjured her.

15.

KOCH and FERGUSON did not intervene or assess CONNELLY'S injuries.

16.

LAWTON told CONNELLY to "Shut up."

17.

CONNELLY stood again and appears to have raised her leg, LAWTON pushed

CONNELLY backwards into the cell, grabbed her by the hair, pustring her head downwards and
delivered a closed fist blow to CONNELLY'S face.

18.

LAWTON then told CONNELY among other things "That was real stupid, real stupid

ok?'

19.

KOCH and FERGUSON observed this entire interaction and did not intervene. Instead,

LAWTON, KOCH, and FERGUSON took the injured CONNELLY by her arms and threw her
head first into the floor. CONNELLY was handcuffed throughout this entire interaction.

20.

LAWTON, KOCH, and FERGUSON'S use of force was without cause or justification.

21.

LAWTON's actions have resulted in his termination as a St. Albans Police Officer.

22.

This is not the first time tlnt LAWTON has been terminated by a Vermont Law

Enforcement agency for misconduct while in uniform.

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 Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 5 of 10

23

.

ln 2012, LAWTON was terminated by the Shelbume Police Departnent for making false

statements under oath. His false staternents were widely reported in the news at the time.

LAWTON was hired by TAYLOR and the CITY OF ST. ALBANS anyway.

24.

On March 15, 2019, TAYLOR was informed of the incident involving CONNELLY and

he posed a

still picture of CONNELLY that was taken from an offrcer's body cam footage onto

the St. Albans Police Department's Facebook page which was meant to embarrass and humiliate

CONNELLY.

25.

On November 14, 2019, the Vermont Attomey General filed a misdemeanor simple

assault charge against LAWTON for his attack on CONNELLY.

26.

CONNELLY continues to suffer injuries

as a result

of the batt€ry of LAWTON, KOCH,

and FERGUSON, including ongoing pain and discomfort long after the incident passed.

27.

Ofiicers LAWTON, KOCH, and FERGUSON'S intentional use of excessive force and

physical brutality on CONNELLY constitutcd an illegal and unreasonable seizure

of

CONNELLY.

28.

As a direct and proximate result of the actions of Defendants TAYLO& LAWTON,

KOCH, and FERGUSON, and the CITY OF ST. ALBANS, PlaintifrCONNELLY has sufrered
injuries and damages, including, but not limited to:

a.

Physical injury, treafinent of which caused Plaintifr, CONNELLY to incur
extensive medical and therapeutic fees and expenses, and associat€d incidental
and consequential costs;

b.

Emotional trauma;

c.

Physical and mental pain and suffering;

 Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 6 of 10

29.

d.

Disruption of normal body functioning;

e.

Humiliation and embarrassment;

Defendant, CITY OF ST. ALBANS, as a matter of policy and practice has, witlt

deliberate indifierence to well-established constitutional and civil rights of citizens of the United
States and the State

of Vermont, failed to adequately discipline, train, or otherwise direct or

supervise police officers conceming the rights ofcitizens and victims, thereby causing police,

including Defendants LAWTON, KOCH, and FERGUSON, to engage in the unlawful conduct
described above.

30.

Defendant, CITY OF ST. ALBANS, as a matter of policy and practice, has, with

deliberate indifference to well-established constitutional and civil rights of citizens ofthe United
States and the State of Vermont, failed to properly sanction or discipline police offrcers,

including Defendants LAWTON, KOCH, and FERGUSON, in this case, for violations of the
constitutional rights of citizens and persons, thereby causing police, including Defendants

LAWTON, KOCH, and FERGUSON, to engage in the unlawful conduct set forth hercin.

31.

Defendant CITY OF ST. ALBANS, as a matter of policy and practice, has, with

deliberate indifference to well-established constitutional and civil righs of citizens of the United
States and The State

ofVermont, failed to properly screen potential police offrcers

as part

of its

hiring process, including the Defendants, LAWTON, KOCH, and FERGUSON, and'IAYLOR
thereby causing police, including the Defendants, LAWTON, KOCH, and FERGUSON and

TAYLOR to engage in the unlawfrrl conduct set forth herein.

32.
and

Defendant TAYLOR has, with deliberate indifference to well-established constitutional

civil rights ofcitizens ofthe United

States and the State of

Vermon! failed to adequately

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 Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 7 of 10

control, train, supervis€ and discipline police officers under his command, including flefendants

LAWTON, KOCH, and FERGUSON for violations of the constitutional rights of citizens and
persons.

33.

As a direct and proximate result of Defendants, LAWTON, KOCH, FERGUSON and

TAYLOR and the CITY OF ST. ALBANS' actions, all of which were unreasonable, unnecessary,
and excessive, and which were undertaken by Defendants with gtoss recklessness and callous

indifference to Plaintiff CONNELLY'S protected constitutional rights, privileges and immunities
secured to her by the Fourth, Fifth and Fourteenth Amendments to the United States

Constitution, in violation of 42 U.S.C. $ 1983 and the laws of the State of Vermont.

V. PLAINTIFF'S SECOND CAUSE OF ACTION

34.

Plaintiff CONNELLY hereby realleges and incorporates by reference all prior allegations,

as though

fully

set forth here.

35.

The actions of LAWTON in this matter constitute an assault on CONNELLY.

36.

The actions of KOCH in this matter constitute an assault on CONNELLY.

37.

The actions of FERGUSON in this matter constitute an assault on CONNELLY.

38.

This Court has pendent jurisdiction to hear and adjudicate said claims.

VI. PLAINTIFF'S THIRD CAUSE OF ACTION

39.

CONNELLY hereby realleges and incorporates by reference alt prior allegations, as

though fully set forth here.

40.
a

The actions of Defendanc LAW'TON, KOCH, and FERGUSON in this matter constitute

batery against CONNELLY by causing unwanted physical contact with CONNELLY.

41.

This Court has pendentjurisdiction to hear and adjudicate said claims.

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 Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 8 of 10

VII. PLAINTIFF'S FOURTI{ CAUSE OF ACTION

42.

CONNELLY hereby realleges and incorporates by refercnce all prior allegations, as

though fully set forth here.

43.

The actions of Defendants LAWTON, KOCH, and FERGUSON in striking CONNELLY

in the face while handcuffed and thowing her head first into the floor, without cause or

justification, constitutes intentional infliction of emotional distress.

44.

Defendants LAWTON, KOCH, and FERGUSON'S actions were intentional, extrerre,

and outrageous, and were the actual and proximate cause of severe emotional distress to

CONNELLY.

45.

This Court has pendent jurisdiction to hear and adjudicate said claims.

VIII PLAINTIFF'S FIFTH CAUSE OF ACTION

46.

CONNELLY hereby realleges and incorporates by reference all prior allegations, as

though fully set forth here.

47.

The actions of Defendants LAWTON, KOCH, and FERGUSON in this case constitute

gross negligence.

48.

Defendants LAWTON, KOCH, and FERGUSON as police officers acting under color

of

state law, owed CONNELLY a duty of care as a citizen.

49.

Defendants LAWTON, KOCH, and FERGUSON'S &cts were a gross deviation of the

duty ofcare owed to CONNELLY and the actual and proximat€ cause ofthe damage suffered by

CONNELLY.

50.

This Court has pendent jurisdiction to hear and adjudicate said claims.

IX. PLAINTIFF'S SIXTH CAUSE OF ACTION

 Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 9 of 10

51.

CONNELLY hereby realleges and incorporates by reference all prior allegations, as

though fully set forth here.

52.

Defendants CITY OF ST. ALBANS and TAYLOR have negligently failed to screerL

control, traiq supervise and discipline police offrcers under their command, including

LAWTON, KOCH, and FERGUSON, regarding the constitutional rights of citizens and persons,
thereby causing police offrcers, including LAWTON, KOCH, and FERGUSON to engoge in the

unlawfirl conduct complained of herein.

53.

This Court has pendent jurisdiction to hear and adjudicate said claims.

X. REQUEST FOR RSLIEF
WHEREFORE, the Plaintiff requests the following relief:

a.

Compensatorydamages;

b.

Punitive damages;

c.

An order ofthis Court declaring the above actions of Defendants to be illegal and
in violation of Plaintiffs constitutional, statutory and common law rights;

d.

Reasonable attomey's fees and costs, pursuant to 42 U.S.C. $ 1988 and other

applicable authority;

e.

Such other and further rclief as appears reasonable, necessary, just and

appropriate.

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(SEE FOLLOWING PAGE FOR SIGNATURE)

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 Case 2:20-cv-00064-jmc Document 1 Filed 05/04/20 Page 10 of 10

Dated at Brattleboro, Vermont, this 28th day of April, 2020.

Respectfully Submitted,

AMYCONNELLY

ALBERT FOX, ESQ.
CHADWICK & SPENSLEY PLLC
136 High Street
Brattleboro, VT 05301
(802)2s7-716t
albie@chadwicklawvt.com

EVANCtrADWTCK, ESQ.
CHADWICK & SPENSLEY, PLLC
136 High Street
Brattleboro, VT 05301
(802)257-7161
evan@chadwicklawvt,com

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