United States District Court, D. Connecticut
INITIAL REVIEW ORDER
Kari
A. Dooley, United States District Judge.
On
April 2, 2019, the Plaintiff, Kevin LLewellyn, a prisoner
currently confined at the Cheshire Correctional Institution
in Connecticut, brought a civil action pro se under
42 U.S.C. § 1983 against four Stamford police officers,
Richard Gasparino, Officer Bloomberg, Officer Jentz, and John
Doe, stemming from his arrest on April 2, 2016. The Plaintiff
is suing the Defendants for false arrest and unlawful search,
in violation of the Fourth Amendment. He seeks damages and
declaratory relief. On May 21, 2019, Magistrate Judge William
I. Garfinkel granted the Plaintiff's motion to proceed
in forma pauperis. See Order No. 10. For
the following reasons, the Plaintiff's complaint is
dismissed in part.
Standard
of Review
Under
28 U.S.C. § 1915A, the Court must review prisoner civil
complaints and dismiss any portion of the complaint that is
frivolous or malicious, that fails to state a claim upon
which relief may be granted, or that seeks monetary relief
from a Defendant who is immune from such relief. Although
detailed allegations are not required, the complaint must
include sufficient facts to afford the Defendants fair notice
of the claims and the grounds upon which they are based and
to demonstrate a right to relief. Bell Atlantic
v. Twombly, 550 U.S. 544, 555-56 (2007). Conclusory
allegations are not sufficient. Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009). The Plaintiff must plead
“enough facts to state a claim to relief that is
plausible on its face.” Bell Atlantic, 550
U.S. at 570. Nevertheless, it is well-established that
“[p]ro se complaints ‘must be
construed liberally and interpreted to raise the strongest
arguments that they suggest.'” Sykes v. Bank of
America, 723 F.3d 399, 403 (2d Cir. 2013) (quoting
Triestman v. Fed. Bureau of Prisons, 470 F.3d 471,
474 (2d Cir. 2006)); see also Tracy v. Freshwater,
623 F.3d 90, 101-02 (2d Cir. 2010) (discussing special rules
of solicitude for pro se litigants).
Allegations
On
April 2, 2016, the Plaintiff was walking down Spurce Street
in Stamford towards his apartment when he heard a noise
coming from behind him. When he looked back, he saw a police
cruiser drive up onto the sidewalk and park behind him.
Thinking nothing of it, the Plaintiff turned back and
continued on his path.
When he
reached his apartment building, the Plaintiff heard someone
yell, “Hey! Stop!” He turned around again and
realized that it was Officer Gasparino commanding him to
stop. The Plaintiff told Gasparino that he “didn't
do anything, ” to which Gasparino responded,
“You're walking away.” The Plaintiff told him
that he was walking home, which was not a crime, and asked to
be left alone. He then turned back and attempted to walk
inside his building. At that moment, Gasparino approached the
Plaintiff from behind, grabbed his shoulder, and yanked him
back. The Plaintiff turned and said, “You illegally
seized me! What's your name and badge number?”
Gasparino covered his nametag with his hand, and when the
Plaintiff attempted to pull out his cell phone to record the
encounter, Gasparino grabbed it and put it in his pocket. The
Plaintiff then tried to enter his building, but Gasparino
blocked his path.
During
the encounter with Gasparino, there were other men from the
neighborhood standing down the street and witnessing the
arrest. A short time later, Officer Bloomberg arrived and
handcuffed the Plaintiff. Gasparino then searched the
Plaintiff, confiscated the items in his pockets, and placed
him in Bloomberg's police cruiser. Bloomberg sat in the
car with the Plaintifff while Gasparino ran a check on the
Plaintiff through the police database.
While
he sat in the car, the Plaintiff saw Gasparino approached the
group of men on the street who were witnessing the arrest.
When he returned, Gasparino had a small amount of marijuana
in his hand and said to the Plaintiff, “This is
yours.” The Plaintiff protested that the marijuana did
not belong to him, and Gasparino replied, “It's
yours now because of your big mouth.” Gasparino
approached the group of men once more and then removed the
Plaintiff from the car and searched him again. During the
second search, Gasparino saw the Plaintiff looking at his
nametag and said, “You're interfering.” He
then placed the Plaintiff back inside the car.
Inside
the car, the Plaintiff begged Bloomberg to “do the
right thing” because she knew that Gasparino had
engaged in misconduct. Bloomberg told the Plaintiff,
“That's not my job. He's my supervisor, [and]
he's in charge.”
The
Plaintiff was taken to the police station, where he was
charged with interfering with an officer, breach of peace,
and possession of less than one-half ounce of marijuana. He
was fingerprinted and searched, and his property was logged
and placed in a storage locker. While the Plaintiff was
waiting to be placed in a cell, Officer Jentz searched his
property in the locker without a warrant and found a wallet
with multiple credit cards. Officer Doe had given Jentz a key
to access the locker where the Plaintiff's property was
kept. Jentz then arrested the Plaintiff for larceny, identity
theft, and theft of a credit card.
The
Plaintiff later learned that Gasparino had falsified his
police report, stating that he saw the Plaintiff throw the
marijuana, that he had walked away from the officers with two
other individuals, and that he was disrespectful and
threatening during the arrest. Gasparino also omitted several
facts which the Plaintiff claims would show an illegal
detention.
The
Plaintiff was charged with violating his probation, in
violation of Connecticut General Statutes § 53a-32. At
his parole revocation proceeding, Gasparino lied under oath,
testifying that he saw the Plaintiff throw the marijuana at
the scene. On July 7, 2016, the Plaintiff was found to ...