Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

` Case 3:03-cv-00373-RNC Document 34 Filed 11/Q6/2003 Page1 0f4 i
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UNITED STATES DISTRICT COURT ¢$[§3F;Hv_ \
DISTRICT OF CONNECTICUT H§Q]%6Q5CGMQT

RICHARD A. MEYERS, SHERNETTE ECIVIL ACTION NO.:
CLARK, KENNETH BINGHAM, AND E3:O3—CV—373(RNC) .
FLOYD M¤LEAN g
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Plaintiffs, E 5
V. E
TOWNSHIP OF TRUMBELL, E OCTOBER 28, 2003 ‘
TRUMBELL POLICE DEPARTMENT, 5
OFFICER COPPOLA, I.D. #24, i
(first name unknown) 3 i
(individually and in his E i
official capacity), i C
SPECTAGUARD, MICHAEL (last { Z
name unknown), WESTFIELD Q E
i SHOPPINGTOWN, JOHN DOES 1 E , I
through 10, JANE DOES 1 {
through 10, and ABC Corp. E
through XYZ Corp, jointly audi —
i severally, 3
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i Defendants. 5 ` I
l CRO§§—MDTION TQ AMEND CO PLAINT
N In response to defendants' Town of Trumbull, Officer
` Coppola, and Officer, I.D. #35, Motion to Dismiss dated
i September 23, 2003, plaintiffs Cross~Move to Amend the
Complaint for the following reasons:
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\ ORAL ARGUMENT REQUEST .
i TESTIM NY NOT REQUIRED
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‘ ` Case 3:03-cv—OO3(73}RNC Document 34 Filed 11/@652003 Page20f4
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1. To include a cause of action under 42 U.S.C. § E
1981. “
2. To allege further facts in support of a conspiracy I
and false imprisonment count.
3. To include a claim for municipal liability as to
the defendant Township of Trumbull. I
4. To dismiss the Trumbull Police Department as a 1

named defendant.
An attorney’s certification and Amended Complaint is
submitted herewith.
HUNT, HAMLIN & RIDLEY I
Attorney for Plaintiffs
By: wlelté 1
Cynthi . Hardawa Esq. I
Fed. B o.: CT2 52 ‘
Hunt, ‘ n & Ridl y
Military ark Building 1
60 Park Place, 16*** Floor
Newark, New Jersey 07102 1 1
(973).242-4471 _
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· i Case 3:03-cv—OO3K3yRNC Document 34 Filed 11@2003 Page 3 of 4 i
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UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT ‘
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RICHARD A. MEYERS, SHERNETTE ECIVIL ACTION NO.:
CLARK, KENNETH BINGHAM, AND I3:O3—CV—373(RNC)
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TOWNSHIP OF TRUMBELL, 5 OCTOBER 28, 2003
TRUMBELL POLICE DEPARTMENT, Q
OFFICER COPPOLA, I.D. #24, {
(first name unknown) I
(individually and in his i
official capacity), {
SPECTAGUARD, MICHAEL (last i
name unknown), WESTFIELD E
SHOPPINGTOWN, JOHN DOES 1 E
through 10, JANE DOES 1 ; .
through 10, and ABC Corp. Q
through XYZ Corp, jointly audi l
severally, ; ‘
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Defendants. i _ i
ATTO§§§§ CERTIFICATIQN i
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I, Cynthia H. Hardaway, Esq, certifies as follows: {
I. I represent plaintiff in the above-captioned matter and
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am fully familiar with the facts of this case.
2. Plaintiffs respectfully move to amend the complaint to
included a claim for relief under 42 U.S.C. § 1981.
Although plaintiffs allege in paragraph 29 of the initial l
complaint that defendants discriminated against them .
based on their race and origin, and that allegation is i
incorporated into each claim for relief, the complaint
fails to include a specific cause of action under § 1981,
which prohibits discrimination on the basis of race and i


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, ` II Case 3:03-cv—OO@RNC Document 34 Filed 11@2003 Page40f4
national origin. I
3. Plaintiffs further move to amend the complaint to cure i
any alleged deficiency with respect to plaintiffs’ i
conspiracy and false imprisonment counts as against the `
moving defendants. I
4. Finally, plaintiffs move to amend the complaint to I
include causes of action against the Township of Trumbull
under the theories of municipal liability and respondeat
superior liability.
5. Upon a review of this file in responding to defendants' Q
motion to dismiss, it has come to my attention that a i
draft copy of plaintiffs’ complaint was inadvertently
submitted for filing, and therefore, the additional
requested claims for relief were not included in the
initial complaint.
06. In the interest of justice, plaintiffs respectfully I I
request leave to file the attached Amended Complaint. g
7. Plaintiffs have also agreed to withdraw their complaint
as against the Trumbull Police Department only.
8. I certify that the foregoing statement is true, and that
if any of the statements contained herein are willfully
false, I am subject to punishment.
By: g
l Cynt . Hardaway `I sq.
Dated: October 28, 2003
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