christopher v. middletown

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UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

CHRISTOPHER HARALAMBOUS : CIVIL ACTION NO.: 3:12CV1132:

VS. ::

BRIAN HUBBS and :CITY OF MIDDLETOWN : AUGUST 6, 2012

C O M P L A I N T

1. This is an action to redress the deprivation of rights secured to the

plaintiff by the Constitution and laws of the United States and the State of

Connecticut.

2. Jurisdiction of this court is invoked under the provisions of Sections

1331, 1343(3) and 1367(a) of Title 28 and Sections 1983 and 1988 of Title 42 of

the United States Code.

3. The plaintiff is an adult citizen of the United States who resides in

Glastonbury, Connecticut.

4. During all times mentioned in this action, the defendant Hubbs was,

and for approximately six years prior to these events had been, an officer in the

Police Department of the defendant City of Middletown, Connecticut. The

defendant City of Middletown is a municipal corporation in the State of

Case 3:12-cv-01132-JCH Document 1 Filed 08/06/12 of 4

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Connecticut.

5. 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.

6. At approximately 1:00 p.m. on January 31, 2011, in the snow-covered

driveway of the plaintiff’s residence at 77 Weir Street, Glastonbury, Connecticut,

the defendant Hubbs intentionally, wantonly and maliciously shot the plaintiff at

close range with his department-issued handgun while arresting him on a charge

of selling a small quantity of marijuana. He intended to kill the plaintiff.

7. There was no justification or excuse for the use of such force against

the plaintiff.

8. Throughout his six-year career as a Middletown Police Officer, the

defendant Hubbs had been written up many times by supervisors and/or fellow

officers for rash, undisciplined and unprofessional conduct as a police officer.

However, the highest policy-setting officials of the defendant City of Middletown

for law enforcement matters, including the Chief of Police, consistently protected

and covered up for the defendant Hubbs, thereby demonstrating a reckless and

deliberate indifference to the probability that he would engage in unlawful

conduct such as that perpetrated upon the plaintiff as described above.

Accordingly, the injuries suffered by the plaintiff are the joint and several


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responsibility of both defendants.

9. In the manner described above, the defendants subjected the plaintiff

to unreasonable, excessive and deadly force in violation of his rights under the

Fourth Amendment to the United States Constitution as enforced through

Sections 1983 and 1988 of Title 42 of the United States Code.

10. As a result, the plaintiff suffered a close-range gunshot wound to his

right arm immediately above the elbow, causing a near complete loss of his

radial nerve function, permanent disability, and necessitating surgical and other

medical intervention, care and treatment; and he further suffered severe post-

traumatic stress disorder and depression, requiring medical treatment; and he

further suffered economic losses associated with his medical and psychological

treatment and his inability to work and to enjoy the pleasures of life.

WHEREFORE, the plaintiff claims judgment against the defendants and

each of them, jointly and severally, for compensatory damages, punitive

damages, attorney fees and costs.


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THE PLAINTIFF

BY: /s/ JOHN R. WILLIAMS (ct00215)51 Elm StreetNew Haven, CT 06510203.562.9931Fax: [email protected] Attorney


christopher v. middletown

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