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COMPLAINT
PRELIMINARY STATEMENT
ANTHONY VEGA-CRUZ by the Fourth and Fourteenth Amendments to the United States
2. These claims arise as a result of the fatal police shooting of the Decedent,
2019.
3. This Court has jurisdiction over this matter pursuant to 42 U.S.C. § 1983 and 28
4. Venue is proper in this Court by virtue of 28 U.S.C. § 1391, because the events
giving rise to the claims occurred in the District of Connecticut and the Plaintiff and the
5. This Court has jurisdiction over the state law claims under the doctrine of
PARTIES
ANTHONY VEGA-CRUZ, having been appointed by the Probate Court for the District of
Newington on July 23, 2019. A copy of the Certificate of Appointment is attached to this
Complaint as Exhibit A.
7. At all times relevant to the claims asserted herein, the Plaintiff’s decedent,
8. At all times relevant to the claims asserted herein, the Defendant, TOWN OF
WETHERSFIELD, was a municipal corporation organized and existing under the laws of the
State of Connecticut.
9. At all times relevant to the claims asserted herein, the Defendant, Officer LAYAU
EULIZIER, was an officer in the Wethersfield Police Department and was acting under color of
law, in the performance of his duties and within the scope of his authority. He is sued in his
FACTS
(“DECEDENT”) Decedent was driving his car on or near Silas Deane Highway, in Wethersfield,
Connecticut.
11. On information and belief, DECEDENT had not committed any crime and
officers from the Wethersfield Police Department (“WPD”), did not have reasonable suspicion to
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12. The involved officers from the WPD racially profiled DECEDENT and allege
that they were pulling him over for a motor vehicle violation. Said vehicle violation is not a
13. Despite only being wanted for a motor vehicle violation (misdemeanor) the
involved WPD Officers, including, but not limited to, Defendant Officer (“EULIZIER”),
engaged in a vehicle pursuit with DECEDENT’s car, attempted to set up a roadblock and
rammed DECEDENT’S car, in violation of WPD’s policies. Further, WPD’s policy prohibits
shooting at vehicles and using firearms/deadly force against suspected misdemeanor offenders.
14. The attempted roadblock caused DECEDENT to lose control of his car. After
losing control of his car, EULIZIER then rammed DECEDENT’s car. The road block and the
15. After attempting a roadblock on DECEDENT and then ramming his vehicle,
EULIZIER then discharged his firearm at DECEDENT while DECEDENT was driving on Silas
Dean Highway, causing an incapacitated DECEDENT to immediately lose control of his vehicle.
The ramming of DECEDENT’s vehicle and then shooting him were excessive uses of force by
16. DECEDENT never attempted to strike the involved officers, or anyone else with
his vehicle, nor did he attempt to do so. Further, DECEDENT never intentionally struck the
involved officers’ vehicles, or anyone else’s vehicle, with his car. Further, EULIZIER, nor
anyone else, were not in the direct path of the car DECEDENT was driving and EULIZIER was
17. Officer EULIZIER discharged his firearm at the DECEDENT despite the fact that
he posed no imminent or immediate threat of death or serious bodily injury to anyone, including
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the involved officers. Further, EULIZIER intended to kill or seriously injure the DECEDENT
18. DECEDENT, who was unarmed, was struck by the bullets fired by EULIZIER
WALKER, causing DECEDENT serious physical injury and eventually killing him.
19. DECEDENT was inside of his vehicle, and EULIZIER was on foot at the time of
the shooting.
20. At no point during this Incident did DECEDENT physically injure anyone and he
never caused serious bodily injury to the involved police officers or anyone else.
21. At the time of the shooting, EULIZIER was not in danger of being struck by
DECEDENT’s car he was driving, nor was anyone else. EULIZIER was able to and did in fact
move out of the way of the DECEDENT’s vehicle. EULIZIER used poor tactics during this
22. Police officers are trained not to place themselves in the path of a vehicle which
they are trying to stop, or that could potentially flee, or is fleeing. Further, police officers are
trained that if they find themselves in the path of a vehicle they are trying to stop, they are
trained to step out of the path of the vehicle rather than shooting at the vehicle if it begins to
move. Further, police officers are trained that shooting at moving vehicles is prohibited and/or
highly disfavored because it is highly ineffective and dangerous and is most likely to result in the
driver of the vehicle losing control of said vehicle, which would be a danger to the driver of the
vehicle, their passengers, and others in the general vicinity. Accordingly, EULIZIER either
was not properly trained with regards to shooting at moving and occupied vehicles, or he
violated his training with regards to shooting at moving and occupied vehicles.
23. After being shot by EULIZIER, DECEDENT was bleeding profusely. Despite
DECEDENT’s obvious serious injuries, EULIZIER did not timely summons medical attention
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for DECEDENT. Further, at no time did the involved officers attempt to provide medical aid to
24. DECEDENT was unarmed and posed no imminent threat of death or serious
physical injury to either EULIZIER or any other person if they were not immediately
apprehended. In other words, DECEDENT did not present a significant threat of death or
training with regards to shooting at moving and occupied vehicles or EULIZIER violated the
vehicles.
27. During the incident EULIZIER was acting under the color of law when he shot
28. EULIZIER’s actions and inactions, including running onto Silas Deane Highway,
DECEDENT.
30. EULIZIER shot DECEDENT, including a shot to the head, mortally wounding
31. EULIZIER’s use of deadly force was unreasonable, unjustified, excessive and
32. DECEDENT was entitled to be free of the use of unreasonable force that was
clearly disproportionate to the situation and which caused him deadly harm.
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33. As a direct and proximate result of the acts of the Defendant described above,
DECEDENT suffered damages and physical injuries including a gunshot wound to his head,
34. As a further direct and proximate result of the acts of the Defendant described
35. As a further direct and proximate result of the acts of the Defendant described
above, DECEDENT experienced physical pain, mental pain, emotional distress, suffering and
fear.
36. As a further direct and proximate result of the acts of the Defendant described
37. As a further direct and proximate result of the acts of the Defendant described
above, the Plaintiff was forced to incur expenses for his son’s hospitalization, funeral and burial.
38. Plaintiff served notice on the Municipal Defendant, pursuant to CT. Stat. §7-465,
on August 19, 2019, and has fully complied with all conditions precedent to the commencement
39. The Plaintiff repeats and re-alleges each and every allegation contained in the
40. The Defendant violated the DECEDENT’s rights as secured by the Fourth
Amendment to the United States Constitution and as applied to the Defendant by the Fourteenth
Amendment to the United States Constitution under 42 U.S.C. § 1983, to be free from
unreasonable searches and seizures. It was unreasonable and excessive for EULIZIER to set up
a road block, to ram DECEDENT’S vehicle, to point a gun at DECEDENT, to shoot at him and
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to attempt to stop the car by shooting at it. Further, this also violated police officer standards and
training.
41. EULIZIER did not give a verbal warning that deadly force would be used prior to
shooting the car that DECEDENT was in, despite it being feasible to do so.
his right to be secure in their person against unreasonable searches and seizures as guaranteed to
DECEDENT under the Fourth Amendment to the United States Constitution and applied to state
43. As a result, DECEDENT suffered extreme pain and suffering and eventually
44. DECEDENT was not armed and at no time during the incident did he verbally
threaten anyone or intentionally attempt to strike anyone with the car DECEDENT was driving.
45. The conduct of Defendants EULIZIER was willful, wanton, malicious and done
with a reckless disregard for the rights and safety of DECEDENT and warrants the imposition of
46. The excessive and unreasonable force used against DECEDENT by Defendant
EULIZIER, which included, but is not limited to, unjustifiably shooting of DECEDENT,
deprived DECEDENT of his right to be secure in their person against unreasonable searches and
seizures as guaranteed to DECEDENT under the Fourth Amendment to the United States
47. The denial of medical care by Defendant EULIZIER also deprived DECEDENT
of his right to be secure in his person against unreasonable searches and seizures as guaranteed to
DECEDENT under the Fourth Amendment to the United States Constitution and applied to state
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48. As a result, DECEDENT suffered extreme mental and physical pain and suffering
49. Defendants EULIZIER knew that failure to provide timely medical treatment to
DECEDENT could result in further significant injury or the unnecessary and wanton infliction of
pain, but disregarded that serious medical need, causing DECEDENT great bodily harm and
death.
50. After shooting DECEDENT, EULIZIER did not timely summons or provide
medical attention for DECEDENT who was bleeding profusely and had obvious serious injuries,
51. The conduct of EULIZIER was willful, wanton, malicious, and done with reckless
disregard for the rights and safety of DECEDENT therefore also warrants the imposition of
52. The Plaintiff repeats and re-alleges each and every allegation contained in the
53. JOSE VEGA-COLON had a cognizable interest under the Due Process Clause of
the Fourteenth Amendment of the United States Constitution to be free from state actions that
deprive him of life, liberty, or property in such a manner as to shock the conscience, including
but not limited to, unwarranted state interference in JOSE VEGA-COLON’s familial relationship
54. JOSE VEGA-COLON had a cognizable interest under the Due Process Clause of
the Fourteenth Amendment of the United States Constitution to be free from state actions that
deprive him of their right to life, liberty, or property in such a manner as to shock the conscience.
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VEGA-COLON was thereby deprived of his constitutional right of familial relationship with
DECEDENT.
conduct, shock the conscience, in that they acted with deliberate indifference to the constitutional
rights of DECEDENT and JOSE VEGA-COLON, and with purpose to harm unrelated to any
57. Defendant EULIZIER, acting under color of state law, thus violated the
proximate cause of the acts of EULIZIER, DECEDENT experienced severe pain and suffering
and lost his life and earning capacity. JOSE VEGA-COLON suffered extreme and severe mental
anguish and pain and haS been injured in mind and body. JOSE VEGA-COLON haS also been
deprived of the life-long love, companionship, comfort, support, society, care and sustenance of
DECEDENT, and will continue to be so deprived for the remainder of his natural life.
58. The conduct of EULIZIER was willful, wanton, malicious, and done with
reckless disregard for the rights and safety of DECEDENT and JOSE VEGA-COLON and
EULIZIER.
59. The Plaintiff repeats and re-alleges each and every allegation contained in the
certainty that a harmful and/or offensive touching would result, touched DECEDENT in a
harmful and/or offensive manner; and/or the Defendant purposefully, and/or with knowledge to a
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DECEDENT, EULIZIER applied force and/or violence against DECEDENT which was
unlawful.
62. A reasonable officer under similar circumstances would not have reasonably
believed that the use of deadly force was necessary to effect an arrest or prevent the escape from
himself or a third person from the use of imminent physical force while effecting or attempting
to effect an arrest or while preventing or attempting to prevent escape. In other words, it was
unreasonable for EULIZIER to believe that the use of deadly force against DECEDENT was
63. EULIZIER’s use of deadly force against DECEDENT was unreasonable. Further,
in fatally shooting DECEDENT, EULIZIER acted with malice, wantonness, recklessness and/or
with an intent to injure DECEDENT. EULIZER acted with a conscious and reckless disregard
of the just rights or safety of DECEDENT and/or the consequences of this actions and inactions.
EULIZIER firing his gun at DECEDENT constitutes a conscious use of unlawful force that rises
to the level of willful, wanton, and intentional conduct and shows that EULIZIER acted in
64. EULIZIER’s use of deadly force against DECEDENT was highly unreasonable
conduct, involved an extreme departure from ordinary care of a police officer, and firing at
DECEDENT created a situation where there was a high degree of danger that was apparent.
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65. The conduct of was malicious, wanton, oppressive, reckless and accomplished
with a conscious disregard for the rights of DECEDENT and Plaintiff and also entitles Plaintiff
66. The Plaintiff repeats and re-alleges each and every allegation contained in the
67. By virtue of the foregoing, Defendants owed DECEDENT a duty of due care, and
that duty was breached in the Defendants’ negligence and failure to exercise due care in dealing
68. The Defendants acted negligently and/or failed to exercise reasonable care in one
or more ways:
a. the failure to properly and adequately assess the need to use force or deadly force
against DECEDENT;
b. the negligent tactics and handling of the situation with DECEDENT, including
pre-shooting negligence;
c. the negligent detention, arrest and use of force, including deadly force, against
DECEDENT;
moving/occupied vehicles;
g. shooting DECEDENT’s vehicle multiple times while DECEDENT was inside the
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i. failure to give a verbal warning that deadly force would be used prior to the
shooting;
69. DECEDENT was part of a narrowly defined class of foreseeable victims subject
to imminent harm.
70. The Defendant was a public official to whom it was apparent that their conduct
71. EULIZIER shooting at DECEDENT while he was driving his vehicle, created an
imminent harm and EULIZIER was able to identify DECEDENT as a victim of his shooting,
including since, EULIZIER aimed his gun at DECEDENT and intentionally pulled the trigger
and shot DECEDENT, and it should have been apparent to EULIZIER that his conduct in aiming
and shooting at DECEDENT as he drove his car would likely subject DECEDENT to harm,
72. The Plaintiff repeats and re-alleges each and every allegation contained in the
DECEDENT’s death.
74. EULIZIER’s shooting of DECEDENT was a wrongful act that violated the
standard of care that a reasonable officer would have exercised under similar circumstances.
Further, DECEDENT’s gunshot wound to his head, which was inflicted by EULIZIER, severely
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75. EULIZIER’s use of deadly force against DECEDENT was unreasonable under
the totality of the circumstances, and a reasonable officer under similar circumstances would not
76. By virtue of DECEDENT’s wrongful death, his next of kin, distributes, issue, and
Plaintiffs has been deprived of the intellectual, moral, and physical training, guidance and
assistance that DECEDENT supplied and would have continued to supply in the future.
77. By virtue of DECEDENT’s wrongful death, his next of kin, distributes, issue, and
Plaintiff is entitled to recover for his pecuniary damages and DECEDENT’s conscious pain and
suffering and his wrongful death and the destruction of DECEDENT’s capacity to carry on his
life’s activities, including his capacity to earn a living as he would have if he had not been killed.
78. By virtue of DECEDENT’s wrongful death, his next of kin, distributes, issue, and
Plaintiff is entitled to recover for special damages including but not limited to DECEDENT’s
79. By reason of the foregoing, Plaintiff, the family, issue, and distributees of
DECEDENT has been deprived by DECEDENT’s death and his resultant economic and
80. The Plaintiff repeats and re-alleges each and every allegation contained in the
81. The Defendant Officer unlawfully deprived DECEDENT of the rights secured to
unlawful; and
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b. The failure to provide and/or summons timely medical care following the use of
RELIEF REQUESTED
C. Attorneys’ fees and costs, including pursuant to 42 U.S.C. Section 1988; and
JURY DEMAND
The Plaintiff claims trial by jury for all issues and counts in this case.
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