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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
____________________________________
:
KAREN RAYFIELD, : CIVIL ACTION
660 E. 29
th
Street :
Paterson, NJ 07504, : NO.
:
Plaintiff, :
:
v. :
:
CITY OF PATERSON, :
155 Market Street :
Paterson, NJ 07505, :
:
and :
:
CHIEF JAMES WITTIG, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
:
and :
:
OFFICER JASON WESTER, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
:
and :
:
OFFICER MICHEL AVILA, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
:
and :
:
OFFICER MARTIN LUIZZI, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
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and :
:
OFFICER JOSE GALVAN, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
:
and :
:
OFFICER FRANCO CARAVELLA, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
:
and :
:
OFFICER RICHARD LATRECCHIA, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
:
and :
:
OFFICER SPENCER FINCH, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
:
and :
:
LIEUTENANT DOMINICK TORCHA, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
:
and :
:
SERGEANT DeMARCO, :
PATERSON POLICE DEPARTMENT, :
111 W. Broadway :
Paterson, NJ 07522 :
:
Defendants. : JURY TRIAL DEMANDED
____________________________________:
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CIVIL ACTION - COMPLAINT
Plaintiff Karen Rayfield (hereinafter Plaintiff), by and through her attorneys, Frost &
Zeff, hereby brings this Complaint against Defendants City of Paterson, Paterson Police Chief
James Wittig, Paterson Police Officers Jason Wester, Michael Avila, Martin Luizzi, Jose Galvan,
Franco Caravella, Richard Latrecchia, Spencer Finch, Paterson Police Lieutenant Dominick
Torcha and Paterson Police Sergeant DeMarco (hereinafter Defendants collectively), and in
support thereof avers as follows:
I. INTRODUCTION
1. This action for declaratory, injunctive, monetary and other appropriate relief is brought
by Plaintiff Karen Rayfield to redress the intentional violations by Defendants of the
rights secured to her by the laws of the United States of America and the and the State of
New Jersey.
II. JURISDICTION
2. This action is brought pursuant to 42 U.S.C. 1983 and the First and Fourteenth
Amendments of the United States Constitution, N.J.S.A. 34:19-1 et. seq., and N.J.S.A.
10:5 et seq. Jurisdiction is founded on 28 U.S.C. 1331 and 1343(3) and the
aforementioned statutory and constitutional provisions.
3. Jurisdiction lies over state law claims based on the principles of supplemental
jurisdiction, as codified at 28 U.S.C. 1367.
4. The amount in controversy exclusive of interest and costs exceeds the sum of One
Hundred Thousand ($100,000.00) Dollars.
III. VENUE
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5. All the claims herein arose within the jurisdiction of the United States District Court for
the District of New Jersey and involve Defendants who reside within the jurisdictional
limits. Venue is accordingly invoked pursuant to the dictates of 28 U.S.C. 1391(b) and
(c).
IV. PARTIES
6. Plaintiff Karen Rayfield, an African-American female, is an adult individual citizen of
the State of New Jersey residing therein at the above address.
7. Defendant City of Paterson is a municipal corporation within the State of New Jersey
located at the above address.
8. Defendant Chief James Wittig is, and was at all times relevant hereto, the Chief of the
City of Paterson Police Department, located at 111 W. Broadway, Paterson, NJ 07522.
Defendant Chief Wittig is sued individually and in his official capacity.
9. Defendant Officer Jason Wester is, and was at all times relevant hereto, a Police Officer
for the City of Paterson Police Department, located at 111 W. Broadway, Paterson, NJ
07522. Defendant Officer Wester is sued individually and in his official capacity.
10. Defendant Officer Michael Avila is, and was at all times relevant hereto, a Police Officer
for the City of Paterson Police Department, located at 111 W. Broadway, Paterson, NJ
07522. Defendant Officer Avila is sued individually and in his official capacity.
11. Defendant Officer Martin Luizzi is, and was at all times relevant hereto, a Police Officer
for the City of Paterson Police Department, located at 111 W. Broadway, Paterson, NJ
07522. Defendant Officer Luizzi is sued individually and in his official capacity.
12. Defendant Officer Jose Galvan is, and was at all times relevant hereto, a Police Officer
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for the City of Paterson Police Department, located at 111 W. Broadway, Paterson, NJ
07522. Defendant Officer Luizzi is sued individually and in his official capacity.
13. Defendant Officer Franco Caravella is, and was at all times relevant hereto, a Police
Officer for the City of Paterson Police Department, located at 111 W. Broadway,
Paterson, NJ 07522. Defendant Officer Caravella is sued individually and in his official
capacity.
14. Defendant Officer Richard Latrecchia is, and was at all times relevant hereto, a Police
Officer for the City of Paterson Police Department, located at 111 W. Broadway,
Paterson, NJ 07522. Defendant Officer Latrecchia is sued individually and in his official
capacity.
15. Defendant Officer Spencer Finch is, and was at all times relevant hereto, a Police Officer
for the City of Paterson Police Department, located at 111 W. Broadway, Paterson, NJ
07522. Defendant Officer Finch is sued individually and in his official capacity.
16. Defendant Lieutenant Dominick Torcha is, and was at all times relevant hereto, a
Lieutenant with the City of Paterson Police Department, located at 111 W. Broadway,
Paterson, NJ 07522. Defendant Lieutenant Torcha is sued individually and in his official
capacity.
17. Defendant Sergeant DeMarco is, and was at all times relevant hereto, a Sergeant with the
City of Paterson Police Department, located at 111 W. Broadway, Paterson, NJ 07522.
Defendant Sergeant DeMarco is sued individually and in his official capacity.
V. FACTS
18. Plaintiff is, and was at all times relevant hereto, employed as a Defendant City of
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Paterson Police Officer. Plaintiff has been a City of Paterson Police Officer for
approximately ten (10) years.
19. On or about March 16, 2006 at approximately 3:32 a.m., a burglary in progress at 141
Alabama Avenue, Paterson, New Jersey, was reported to the City of Paterson Police
Department.
20. Plaintiff received the dispatch regarding the burglary and promptly reported to the
location.
21. Upon arrival, Plaintiff observed that Defendant Police Officers Jason Wester and Michael
Avila, as well as other Defendant Police Officers, were on scene.
22. At this time, Plaintiff observed an individual, the alleged suspect, run through several
residential back yards and jump several fences.
23. Plaintiff observed this individual to be an Hispanic male, approximately 5' 4", 130 to 135
pounds, 18 to 19 years of age.
24. Plaintiff and other Defendant Police officers responded on foot and cornered the suspect
in an effort to box him in.
25. Having no other means of escape, the suspect ran directly into Defendant Police Officer
Wester.
26. Plaintiff then heard Officer Wester order the suspect to the pavement.
27. At that time, Defendant Police Officers Wester, Martin Luizzi, Jose Galvan, and Franco
Caravella attempted to apprehend the suspect, but the suspected initially resisted.
28. As other Defendant Police Officers restrained the suspect, he no longer resisted and
Plaintiff was able to handcuff the suspects right arm. Plaintiff then instructed the other
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Defendant Police Officers to turn the suspect over, whereupon Plaintiff was able to
handcuff the suspects left arm.
29. While the suspect was handcuffed, Defendant Police Officer Luizzi then kicked the
suspect several times in the side with his boot.
30. Defendant Police Officer Galvan then proceeded to punch the suspect in the face several
times.
31. During this time, Defendant Police Officer Wester applied a strangle-hold to the
suspects neck.
32. Plaintiff yelled to the other Defendant Police Officers to stop, stating that the suspect was
no longer resisting.
33. Ignoring Plaintiffs instruction, however, Defendant Police Officers Luizzi and Caravella
pulled the suspect to feet, whereupon Defendant Police Officer Caravella began punching
the suspect in the chest.
34. Defendant Police Officers were yelling profanities at the suspect during this time.
35. Plaintiff observed that the suspect was bleeding.
36. Plaintiff then stated to the other Defendant Police Officers enough and instructed the
other Defendant Police Officers to place the suspect in Plaintiffs patrol car.
37. Ignoring Plaintiffs instructions, Defendant Police Officer Wester then punched the
suspect in the face, causing the suspect to fall to the pavement.
38. Plaintiff screamed for the other Defendant Police Officers to stop.
39. Defendant Police Officers Luizzi and Avila, however, began to kick the suspect several
more times.
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40. Thereafter, Defendant Police Officers Richard Latrecchia and Spencer Finch, who had
arrived on the scene, apprehended the suspect and proceeded to strike the suspect several
times.
41. Defendant Police Officers Latrecchia and Finch then placed the suspect in an unmarked
Defendant Police Department vehicle.
42. The suspect sustained multiple serious injuries as a result of the aforementioned acts of
Defendant Police Officers and required medical attention.
43. As a result of Plaintiffs speaking out against the aforementioned excessive use of force
and beating of the suspect, Plaintiff was subjected to hostile treatment from the
Defendant Police Officers following the incident, including, but not limited to, Defendant
Police Officer Luizzi calling Plaintiff a coward and stating that he would knock [her]
the fuck out right now.
44. Additionally, a number of the Defendant Police Officers threatened to accuse Plaintiff of
dereliction of duty if she reported the incident.
45. Plaintiff reported the above incidents to supervisors Defendant Police Lieutenant
Dominick Torcha and Defendant Police Sergeant DeMarco.
46. Lieutenant Torcha cautioned Plaintiff to be careful about what she wrote in her report
because things around here could get out of hand.
47. Sergeant DeMarco also suggested to Plaintiff that she had not seen the complete incident
and further warned that if Plaintiff disclosed the events of the evening in her report that
other officers would accuse her of dereliction of duty and she would then be written up.
48. Under duress and in fear of retaliation and further hostility from other Defendant Police
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Officers and her supervisors , Plaintiff prepared a report which did not completely
disclose the true nature of the events regarding the 141 Alabama Avenue incident.
49. Later that same day, however, Plaintiff, though still fearful of retaliation, felt that the
actions of Defendants were improper and that it was necessary for her to disclose the
illegal and improper acts of the Defendant Police Officers in severely beating the suspect
without any cause.
50. Accordingly, on March 16, 2006, Plaintiff drafted a letter detailing the above account and
mailed it to the New Jersey Attorney Generals Office.
51. On or about March 23, 2006, Plaintiff reported the above account to Defendant Police
Department Internal Affairs.
52. Later that same day, March 23, 2006, Defendant Police Detective Castro stated to
Plaintiff maybe youre not cut out for this job.
53. Later that same day, March 23, 2006, Plaintiff was placed on Administrative Leave at the
direction of the Police Department.
54. On or about April 13, 2006, Plaintiff was ordered, at the direction of the Police
Department, to undergo a psychological evaluation to determine whether she was fit to
return to active duty.
COUNT I
42 U.S.C. 1983
FIRST AMENDMENT VIOLATIONS
50. Plaintiff incorporates by this reference herein as though recited verbatim at length the
allegations contained in paragraphs 1 through 49 above.
51. Defendants violated the provisions of 42 U.S.C. 1983, in that Defendants, acting under
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color of State law, deprived Plaintiff of the privileges and immunities secured to her by
the First and Fourteenth Amendments of the United States Constitution and, in particular,
her right to hold employment without infringement of her First Amendment right to
freedom of speech.
52. Defendants intentionally, wilfully, and recklessly placed Plaintiff on administrative leave
in order to deny Plaintiff her First Amendment right to free speech.
53. Defendants actions aforesaid were to penalize and retaliate against Plaintiff for her
exercise of fundamental First Amendment rights and, specifically, to penalize and
retaliate against Plaintiff for opposing, reporting and speaking out against the illegal,
improper and unjust brutal beating of the suspect by Defendant Police Officers.
WHEREFORE, Plaintiff demands judgment against Defendants, and for injunctive relief,
compensation for lost wages (back pay, front pay and benefits), compensatory damages for pain,
suffering, embarrassment, emotional distress, past and future economic loss, together with
attorneys fees, costs, punitive damages, and any further relief as the Court may deem proper.
COUNT II
VIOLATION OF THE CONSCIENTIOUS EMPLOYEE PROTECTION ACT
N.J.S.A. 34:19-1 et. seq.
54. Plaintiff incorporates by this reference herein as though recited verbatim at length the
allegations contained in paragraphs 1 through 53 above.
55. Plaintiff spoke out against and reported the illegal, improper and unjust brutal beating of
the suspect by Defendant Police Officers through her verbal statements to Defendant
Police Lieutenant Domenick Torcha and Sergeant DeMarco, her written letter to the New
Jersey Attorney Generals Office, and her report to Defendant Police Department Internal
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Affairs.
56. In direct retaliation therefore, Plaintiff was taken out her job and placed on administrative
leave and then forced order to undergo a psychological evaluation to determine her
fitness for duty.
57. Defendants actions violate the Conscientious Employee Protection Act, N.J.S.A. 34:19-1
et. seq.
WHEREFORE, Plaintiff demands judgment against Defendants, and for injunctive relief,
compensation for lost wages (back pay, front pay and benefits), compensatory damages for pain,
suffering, embarrassment, emotional distress, past and future economic loss, together with
attorneys fees, costs, punitive damages, and any further relief as the Court may deem proper.
COUNT III
VIOLATION OF THE NEW JERSEY LAW AGAINST DISCRIMINATION
N.J.S.A. 10:5 et seq. - RETALIATION
58. Plaintiff incorporates by this reference herein as though recited verbatim at length the
allegations contained in paragraphs 1 through 57 above.
59. Defendants actions aforesaid in retaliating against Plaintiff for speaking out and
reporting the actions of Defendant police officers violates the New Jersey Law Against
Discrimination, N.J.S.A. 10:5-1 et. seq.
WHEREFORE, Plaintiff demands judgment against Defendants, and for injunctive relief,
compensation for lost wages (back pay, front pay and benefits), compensatory damages for pain,
suffering, embarrassment, emotional distress, past and future economic loss, together with
attorneys fees, costs, punitive damages, and any further relief as the Court may deem proper.
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Respectfully submitted,
FROST & ZEFF
BY: s/ Gregg L. Zeff
GREGG L. ZEFF, ESQUIRE
Attorneys for Plaintiff
DATED: May 10, 2006
JURY TRIAL DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable.
FROST & ZEFF
BY: s/ Gregg L. Zeff
GREGG L. ZEFF, ESQUIRE
Attorneys for Plaintiff
DATED: May 10, 2006
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