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

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

CHRISTOPHER HARALAMBOUS VS. BRIAN HUBBS and CITY OF MIDDLETOWN

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CIVIL ACTION NO.: 3:12CV1132

AUGUST 6, 2012

COMPLAINT

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 1

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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 plaintiffs 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 2

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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 posttraumatic 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 Street New Haven, CT 06510 203.562.9931 Fax: 203.776.9494 jrw@johnrwilliams.com Attorney