On April 12, 2014, Ramos and Maldonado attended a party and Maldonado drank beer and cognac to the point of intoxication. They left early because Maldonado was so intoxicated. [Dkt. 126-5 (Ramos Dep.) at 44:21-25, 49:16-52:6]. Ramos and Maldonado were half-siblings. Id. at 10:2-8. Ramos had never seen Maldonado as drunk as he was that night. Id. at 43:24-44:1.
While Ramos and Maldonado were walking towards Ramos's car, a vehicle occupied by Angel Arroyo, Liz Bigio, and three children stopped, and an argument ensued during which Maldonado punched and shattered the glass of the driver's side window. Id. at 62:19-64:23; see also [Dkt. 126-6 (Bigio Dep.) at 18:8-13]; [Dkt. 126-7 (Arroyo Dep.) at 16:23-25]. Ms. Bigio called the police and Sergeant Lis was the first to arrive on the scene alone. [Dkts. 126-5 at 69:22-70:6; 126-6 at 38:16-26; 126-8 (Lis Dep.) at 54:7-19]. Sergeant Lis spoke with Ms. Bigio and observed damage to her vehicle. [Dkt. 126-8 at 54:7-23]. Ms. Bigio pointed to Ramos and Maldonado and stated that one of them broke her window. Id.
Sergeant Lis approached Ramos and Maldonado and observed Ramos pushing Maldonado into the passenger seat of a motor vehicle. [Dkt. 126-5 at 70:18-71:14]. Sergeant Lis instructed Ramos to move away from the vehicle, so he could speak to Maldonado, but Ramos refused. [Dkt. 126-8 at 57:8-16]. At his deposition,Ramos admitted he heard Sergeant Lis's command, but could no longer recall what Lis said. [Dkt. 126-5 at 71:5-8]. Ramos admitted he did not comply with Sergeant Lis's command and told Lis to wait until he got Maldonado fully into the vehicle. [Dkts. 126-5 at 116; 132-6 (Ramos Aff.) at ¶ 4; 126-8 at 57:3-58:25, 71:1-20]. After Ramos got Maldonado into the vehicle, he turned around and Sergeant Lis sprayed him with pepper spray. [Dkts. 126-5 at 71:1-4; 132-6 at ¶ 4; 126-8 at 56:21-57:23]. Ramos claims he did not have a chance to acknowledge Sergeant Lis's command voluntarily because he was pepper sprayed almost immediately after the command. [Dkts. 132-3 (Ramos Dep.) at 72:13-18; 132-6 at ¶ 4]. Sergeant Lis, with the help of Officer Miller who arrived on the scene, handcuffed Ramos and brought him to the ground. [Dkts. 126-8 at 59:3-10; 132-3 at 72:24-73:6].
Next, Sergeant Lis turned to Maldonado who was walking towards him with clenched fists and saying, "Fuck you, motherfucker." [Dkt. 126-8 at 59:22-60:11]. Sergeant Lis struck him in the face. Id. Then, Officer Parlapiano arrived, sprayed Maldonado with pepper spray, and both officers brought Maldonado into custody. Id. at 60:12-13. Once Maldonado was handcuffed, he continued to resist and try to pull away. [Dkt. 126-10 (Cohen Dep.) at 65:21-24, 66:16-22]. Ramos did not see this interaction between Maldonado and the officers because he was handcuffed and face down on the ground. [Dkt. 132-3 at 74:15-75:11]. Officers Parlapiano and Cohen observed Sergeant Lis struggling to take Maldonado into custody. [Dkts. 126-9 (Parlapiano Dep.) at 16:5-19; 126-10 at 62:24-63:2]. Mr. Arroyo and Ms. Bigio also observed that the officers had a hard time controlling Maldonado. [Dkts. 126-6 at 37:2-23; 126-7 at 22:12-21]. Mr. Arroyo described Maldonado like "a bulletgoing everywhere" and Ms. Bigio described him as "The Hulk." [Dkts. 126-6 at 37:2-23; 126-7 at 25:1-20].
After he was handcuffed, the officers observed that Maldonado was intoxicated and continued to be uncooperative. [Dkts. 126-8 at 71:18-24; 126-10 at 65:12-66:22; 126-11 (Kaplan Dep.) at 133:21-134:12]. He struggled during the pat down and refused to get into the police cruiser. [Dkts. 126-8 at 75:8-12; 126-11 at 133:24-134:6]. Ramos was compliant with the officers for the remainder of the night and no additional force was used. [Dkt. 126-8 at 66:9-21]. Maldonado and Ramos were put in separate police cruisers and transported to the East Hartford Police Department headquarters by Officers Kaplan and Cohen, respectively. [Dkts. 126-10 at 70:5-8; 126-11 at 145:9-19]. Maldonado was spitting at Officer Kaplan during the transport, but Ramos was transported without incident. [Dkt. 126-11 at 145:12-17].
Upon arrival at the headquarters, Officers Kaplan and Cohen brought Maldonado to the eyewash decontamination area in the booking room to let him rinse his eyes, but he refused. [Dkt. 126-10 at 72:2-12; 126-11 at 145:20-147:6]. Plaintiff disputes that Maldonado refused, but he cites no evidence in support of his assertion. Officers Kaplan and Cohen then escorted Maldonado into the holding cell inside the booking area, uncuffed him, and locked him inside the cell. [Dkts. 126-17 (Holding Cell Video); 126-10 at 73:3-5; 126-11 at 146:17-147:6]. After he was alone in the cell, Maldonado began pacing and disrobing. [Dkt. 126-17 at 2:00:49-2:04:35].
Next, Officers Cohen and Kaplan escorted Ramos into the booking area and allowed him to rinse his face in the eye decontamination area. [Dkts. 126-10 at 73:15-74:2; 126-11 at 147:11-148:10]. By this time, Sergeant Lis arrived in the booking room. [Dkt. 126-8 at 77:21-78:5]. Maldonado had removed all of his clothing except for his underwear and his right pant leg which was stuck around his ankle over his shoe. [Dkt. 126-17 at 2:00:49-2:04:35]. The officers asked Ramos if he was comfortable going into the holding cell with Maldonado and Ramos said yes. [Dkt. 126-5 at 84:24-85:3]. Officers Kaplan and Cohen escorted Ramos to the holding cell door and told Maldonado, who was inside the cell, to step away from the door. Id. at 90:1-6. The officers removed Ramos's handcuffs. Id. at 89:12-14. One of the officers unlocked the holding cell door.
What happened during the next two minutes was captured by two cameras, neither of which recorded audio:
| Maldonado begins moving towards the |
| door of the holding cell. |
| Maldonado grabs the sliding door of |
| Maldonado pushes the sliding door of |
| the holding cell open and steps into the |
| Maldonado reaches the officers |
| standing immediately outside of the |
| sliding door of the holding cell. |
| Maldonado is punched and pushed |
| backwards towards the holding cell. |
| Maldonado is pushed backwards and |
| reenters the holding cell. |
| Maldonado struggles with the officers |
| who are crowded in the entrance of the |
| cell. Maldonado punches forward |
| towards the officers with his right arm. |
| Maldonado continued to struggle with |
| While struggling with the officers, |
| Maldonado extends his left arm and |
| tries to keep Sergeant Lis at bay. |
| Officer Kaplan takes out his taser and |
| Officer Kaplan takes a step forward still |
| aiming the taser at Maldonado. |
| Maldonado's arms are bent at a ninety- |
| degree angle. Maldonado takes a step |
| to the side with his left leg. He does not |
| Sergeant Lis punches Maldonado in the |
| face with his left arm. Maldonado |
| doubles over, spins approximately |
| 180° and is facing the back of the |
| Sergeant Lis pushes Maldonado from |
| behind towards the holding cell wall |
| directly opposite from the door. |
| Maldonado extends his arms to catch |
| himself. He falls forward and his head |
| makes contact with the wall. |
| Sergeant Lis runs towards Maldonado |
| Sergeant Lis stays near Maldonado |
| Officer Kaplan continues to hold the |
| taser aimed at Maldonado. With his |
| other hand, he holds Ramos against |
| the side of the holding cell against the |
| Maldonado braces his right arm on the |
| floor and lifts his upper body off the |
| Maldonado sits on the floor with his |
| upper body slumped forward over his |
| Sergeant Lis steps back from |
| Maldonado. Officer Kaplan holds |
| Ramos in the corner of the holding cell |
| against the wall. He continues to hold |
| the taser in his other hand. |
| Maldonado remains seated leaning |
| forward as his torso rocks slightly from |
| The officers stand back from |
| Maldonado who is still seated and |
| leaning very far forward. |
| Sergeant Lis takes out his handcuffs |
| and moves towards Maldonado. |
| Sergeant Lis and Officer Cohen |
| continue to move towards Maldonado. |
| Sergeant Lis and Officer Cohen move |
| Maldonado in preparation for |
| Sergeant Lis moves away from |
| Maldonado towards Officer Kaplan and |
| Ramos in the corner of the holding cell. |
| Officer Cohen moves Maldonado to his |
| side and begins handcuffing his |
...
