Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00943-AWT

Document 75-2

Filed 08/15/2006

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT GARY SESSION Plaintiff, vs. CITY OF NEW HAVEN, STEPHEN COPPOLA & EDWIN RODRIGUEZ Defendants. : : : : : : : :

CIV NO. 3:03CV00943 (AWT)

AUGUST 15, 2006

AFFIDAVIT Personally appeared Francisco Ortiz, who does hereby state as follows: 1. 2. I am over the age of 18 years and believe in the obligation of an oath. I am the Chief of the New Haven Department of Police Service (hereafter the "Department") of the City of New Haven (hereafter the "City'), and I have held that position since May 2003. 3. I previously served as the Department's Assistant Chief from until my appointment as Chief. From the time I joined the Department in 1978 until my appointment as Assistant Chief, I served in a number of positions within the Department. 4. As Chief, I am responsible under New Haven's Charter for the efficiency, discipline and good conduct of the Department.

OFFICE OF THE CORPORATION COUNSEL · CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 · Facsimile (203) 946-7942 · Juris No. 42715

Case 3:03-cv-00943-AWT

Document 75-2

Filed 08/15/2006

Page 2 of 2

5.

In carrying out those duties, I consult with New Haven's Board of Police Commissioners. Pursuant to New Haven's Charter, the Board of Police Commissioners and I together make the rules and regulations for the Department, and formulate and evaluate policies for the Department.

6.

The Department does not have a policy or practice of depriving individuals of their civil and constitutional rights. The Department and the City did not have such policies or practices on July 25, 1999, the date of the incident alleged in the complaint, or any time prior or subsequent to that date.

7.

The Department does not condone the deprivation of individuals' civil and constitutional rights by its police officers. Nor did the Department condone such conduct on or prior to May 16, 2004, the date of the incident alleged in the complaint.

____________________________ Francisco Ortiz Personally appeared Chief Francisco Ortiz, who subscribed and swore to the truth of the foregoing before me this ____ day of ________________, 2006.

______________________________ Notary Public / Commissioner of the Superior Court

OFFICE OF THE CORPORATION COUNSEL · CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 · Facsimile (203) 946-7942 · Juris No. 42715