Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JANET DELUCA CIVIL ACTION VERSUS CITY OF COVINGTON, RICHARD PALMISANO, JACK WEST, DAVID OSBORNE AND UNKNOWN EMPLOYEES OF THE CITY OF COVINGTON, INDIVIDUALLY AND IN THEIR CAPACITIES AS POLICE OFFICERS EMPLOYED BY THE CITY OF COVINGTON NUMBER: SECT. MAG. COMPLAINT NOW COMES plaintiff, JANET DELUCA, appearing herein through undersigned counsel, who respectfully represents: I. JURISDICTION 1. This action is brought pursuant to 42 U.S.C. 1983 and 1988. Jurisdiction is founded on 28 U.S.C. Section 1331 and 1343, the First, Fourth and Fourteenth Amendments to the Constitution of the United States. Supplemental jurisdiction over -1-
Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 2 of 9 claims under state constitutional and statutory law is also invoked. A jury trial is requested. II. PARTIES (PLAINTIFF) 2. Janet Deluca (hereinafter Deluca ), a person of the full age of majority and a resident of St. Tammany Parish, Louisiana. (DEFENDANTS) 3. City of Covington, a municipal corporation capable of suing and being sued, and located within the Eastern District of Louisiana. 4. Richard Palmisano, individually and in his capacity as the chief of the Covington Police Department (hereinafter Palmisano ), an adult citizen of the State of Louisiana, residing and domiciled within the Eastern District of Louisiana and at all times pertinent hereto, the chief of the Covington Police Department acting within the course and scope of his employment as such, employed by the City of Covington. 5. Jack West, individually and in his capacity as a Covington Police Department police officer (hereinafter West ), an adult citizen of the State of Louisiana, residing and domiciled within the Eastern District of Louisiana and at all times pertinent hereto, a Covington Police Department officer acting within the course and scope of his employment as such, employed by the City of Covington. -2-
Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 3 of 9 6. David Osborne, individually and in his capacity as a Covington Police Department police officer (hereinafter Osborne ), an adult citizen of the State of Louisiana, residing and domiciled within the Eastern District of Louisiana and at all times pertinent hereto, a Covington Police Department officer acting within the course and scope of his employment as such, employed by the City of Covington. III. FACTUAL ALLEGATIONS 7. At all times material through this Complaint, the defendants, Palmisano, West, Osborne and Unknown Employees of the City of Covington, were acting under color of state law, ordinance and/or regulation. 8. On April 20, 2009 at approximately 4 o clock P.M., Deluca was in Covington, Louisiana, at her jewelry store, Deluca s Expressions in Gold, where her son, Andrew Deluca, and his classmates were filming a school project, which included a mock robbery of the jewelry store. 9. An unknown citizen, mistakenly believing the jewelry store was really being robbed, called the police. At that time, an unknown number of officers from the Covington Police Department, including the defendants, West and Osborne, responded to the store. The defendant, West, interviewed some of the students involved in the filming of the project as well as the plaintiff, Deluca, and others on the scene. All of those interviewed explained to the defendant, West, and the other officers that there was no emergency and that there had been a misunderstanding. -3-
Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 4 of 9 10. On information a belief, the defendant, West, then placed a telephone call from the scene to the defendant, Palmisano, because West did not know what to do next. On information and belief, the defendant, West, was ordered by Palmisano to arrest all the individuals involved. 11. The high school students were arrested. At the same time, for unknown reasons, the defendant, Osborne, acting on West s orders at the scene, grabbed the plaintiff, Deluca, spun her around, placed her arms behind her back, cuffed and arrested her. The plaintiff was patted down and searched incident to her arrest. The plaintiff questioned the defendants, West and Osborne, as to why she was being arrested but neither could and/or would explain to her why. The plaintiff, Deluca, was then placed in the back of a Covington Police Department unit and driven to the Covington Police Department station, where she was detained in a very small holding cell and questioned for an extended period of time. The plaintiff, Deluca, was then transported to the St. Tammany Parish Jail, where she was held on charges of letting a disorderly place, criminal mischief, disturbing the peace by violent/disorderly conduct, and contributing to the delinquency of a juvenile. The plaintiff remained in jail until the early morning hours on April 21, 2009 when she was bonded out on a signature bond. 12. The foregoing events were widely publicized in print and television media in the weeks and months following, including the arrest of plaintiff. In fact, the Covington Police Department permitted a television station access to the booking -4-
Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 5 of 9 sheets of those arrested, including the plaintiff. Deluca s personal information on the booking sheet was not blotted out. Her personal information, including her social security number, was released by the defendants, Unknown Employees of the City of Covington, and was aired on a local television station and, on information and belief, was also viewed on the station s web site. Plaintiff, Deluca, was forced to hire an identity protection company because of the illegal public display of her social security number by the defendants in violation of her right to privacy. 13. After the foregoing matter was screened by the St. Tammany Parish District Attorney s Office, the charges against the plaintiff and all of the high school students were refused. 14. As a result of the illegal action of the defendants, Palmisano, West, Osborne and Unknown Employees of the City of Covington, the plaintiff was embarrassed, humiliated, assaulted, battered, seized, falsely arrested, detained, falsely imprisoned and slandered in violation of her First, Fourth and Fourteenth Amendment Rights under the United State Constitution as well as right guaranteed under the Louisiana Constitution and state law. 15. The defendants actions are criminal acts in violation of La. R.S. 14:35, Simple Battery, 14:46, False Imprisonment, 14:47, Defamation, and any other applicable criminal statutes. -5-
Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 6 of 9 16. At all times relevant hereto, the defendants, Palmisano, West, Osborne and the Unknown Employees of the City of Covington, were acting in the course and scope of their employment with the defendant, City of Covington, and as such the doctrine of respondeat superior applies should this court exercise supplemental jurisdiction of the state law claims. IV. CAUSES OF ACTION 17. Plaintiff realleges paragraphs 1-16. 18. The actions of defendants, Palmisano, West, Osborne and Unknown Employees of the City of Covington, in assaulting, battering, seizing, falsely arresting, falsely imprisoning and detaining the plaintiff for crimes she did not commit and intentionally releasing her private personal information including her social security number violated the rights of plaintiff as guaranteed under the First, Fourth and Fourteenth Amendments of the Unites States Constituion, to privacy, to liberty, to be left alone, to locomotion, to travel, to due process, to be free from unreasonable search and seizure, all in violation of 42 U.S.C. 1983. 19. The actions of the defendants, Palmisano, West and Osborne, were unreasonable, malicious, wanton and/or in reckless disregard to the plaintiff s constitutional rights. 20. The acts and omissions of the defendants as described herein were also done with negligence, gross negligence and/or intent, in violation of Louisiana statutory -6-
Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 7 of 9 and constitutional law and constituted assault, battery, false arrest, false imprisonment, intentional infliction of emotional distress, slander and invasion of privacy under state law and violations of the right to privacy, to liberty, to be left alone, to locomotion, to travel, to due process, to be free from unreasonable search and seizure under state law. 21. The defendant, City of Covington, negligently hired, retained, supervised, failed to discipline and entrusted the defendants, Palmisano, West, Osborne and Unknown Employees of the City of Covington, in violation of Louisiana law. 22. The acts and omissions of the defendants, Palmisano, West, Osborne and Unknown Employees of the City of Covington, as described herein were within the course and scope of their employment and the defendant, City of Covington, is therefore vicariously liable for their acts and omissions in accordance with Louisiana law. of herein. 23. The defendants are jointly and severally liable for the wrongs complained 24. The actions of the defendants as described herein, were the proximate cause of all injuries alleged by plaintiff, Deluca, in this complaint. V. DAMAGES 25. As a result of the actions of the defendants as described above, damages have been incurred as follows: A. The plaintiff, Janet Deluca, suffered compensatory damages in the amount of Two Hundred Thousand and No/100 ($200,000.00) -7-
Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 8 of 9 Dollars and punitive damages in the amount of Fifty Thousand and No/100 ($50,000.00) Dollars for the following: 1. Legal costs; 2. Mental and emotional pain and suffering; 3. Damages for violations of her civil rights; 4. Damages for violation of her right to privacy; and 5. Punitive damages. 26. The plaintiff is entitled to attorney s fees. VI. PRAYER FOR RELIEF WHEREFORE, plaintiff, JANET DELUCA, prays that after due proceedings, there be judgment on her behalf and against all the defendants, CITY OF COVINGTON, RICHARD PALMISANO, JACK WEST, DAVID OSBORNE and UNKNOWN EMPLOYEES OF THE CITY OF COVINGTON, individually and in their capacities as police officers employed by the City of Covington, jointly, severally and in solido for all claims asserted including the supplemental state claims as follows: 1. Compensatory, special and punitive damages on behalf of the plaintiff as previously outlined in paragraph 25; 2. That plaintiff be awarded reasonable attorney fees and all costs of these proceedings; 3. That judicial interest be awarded from the date of judicial demand; 4. That this matter be tried by a jury; and 5. All other relief that this Court deems just and proper. -8-
Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 9 of 9 Respectfully submitted; PIERCE & BIZAL PLEASE SERVE: City of Covington through its Mayor Candice Watkins 609 N. Columbia St. Covington, LA 70434 Police Officer Richard Palmisano Covington Police Department 200 East Kirkland Covington, LA 70433 Police Officer David Osborne Covington Police Department 200 East Kirkland Covington, LA 70433 Police Officer Jack West Covington Police Department 200 East Kirkland Covington, LA 70433 s/gary W.BIZAL GARY W. BIZAL (La. Bar No. 1255) 639 Loyola Avenue, Suite 1820 New Orleans, Louisiana 70113 (504)525-1328 Telephone (504)525-1353 Fax Attorney for Plaintiff, Janet Deluca -9-