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Take my husband but DO NOT TAKE my guns

KIX

KIX

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Joined
Jun 4, 2010
Messages
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, ,
djn777 said:
i have nothing to compare it to so i did not think it was too much info. i have no problem with them making sure i am who i am. as a person who had hair and is now bald and has a beard and then doesn't i didn't mind filling out a few questions.
Click to expand...

The form is not only not required, it's sole purpose is to demean you into thinking you're a criminal just to exercise a right.

It is not required paperwork, neither is the photograph bit. They are treating you like a criminal. Actually, that's exactly what that form is from, old arrest paperwork.

Jonathan
 
E

Edward Peruta

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Joined
Sep 3, 2007
Messages
1,247
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Connecticut USA
The innocent wife and her firearms

The case of Barbara C. (Casey) Doutel involves the illegal seizure of her registered firearms on February 16, 2011.

This case could be a very important case for those who have had their firearms siezed becuase someone else is ALEDGED to have done done something questionable.

A draft of the Federal Complaint is being proof read as I post.

Look for the suit against Norwalk and the involved police officers to be filed as early as today.

More to follow.
 
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Edward Peruta

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Messages
1,247
Location
Connecticut USA
The May 15th letter demanding the return of Mrs. Doutel's firearms

And Norwalk Police Never took the time to respond!!!!

Law Office of Rachel M. Baird
Stonegate Professional Building
379 Prospect Street
Torrington CT 06790-5238
Tel: 860.626.9991/Fax: 860.626.9992 Rachel M. Baird, Attorney
Toll free: 866.279.6402 Web: RachelBairdLaw.com

May 15, 2011

Harry W. Rilling, Chief
Norwalk Police Department
1 Monroe St
Norwalk CT 06854

Re: Return of Seized Property – Norwalk Police Department Case #11-7963

Dear Chief Rilling:

I represent Barbara C. Doutel regarding the seizure of her firearms by members of your department, absent warrant or other justification, on February 16, 2011.

This letter is a demand for the return of the personal property lawfully owned by Mrs. Redacted and in your custody, including: (List of 1-4 firearms is redacted); and (5) Bag, Case, and Rifle Slug.

Please contact my office to secure arrangements for the return of Mrs. Redacted’s above stated personal property. Mrs. Doutel holds a valid state permit.

Thank you in advance for your immediate attention to this matter. The seizure of Mrs. Doutel's firearms has denied her security in her home and the right to defend her family.

As the Department of Public Safety will confirm, Mrs. Doutel obtained a state permit immediately following the home invasion, sexual assaults, and murders in Cheshire due to concerns about protecting her home and family.

Any communications regarding this matter until its resolution shall be directed to this office.

Sincerely,

Rachel M. Baird, Attorney​
 
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Edward Peruta

Regular Member
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Messages
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Casey Doutel's Federal Complaint

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT


BARBARA C. DOUTEL,

Plaintiff, CIVIL ACTION NO.:

v.

CITY OF NORWALK; CHIEF HARRY W. RILLING, :
In His Individual and Official Capacities; LIEUTENANT :
THOMAS MATERRA, In His Individual and Official :
Capacities; SERGEANT JAMES WALSH, In His :
Individual and Official Capacities; OFFICER JARED :
ZWICKLER, In His Individual Capacity; OFFICER :
WILLIAM CURWEN, In His Individual Capacity; :
OFFICER JEREMY SALLEY, In His Individual Capacity; :
OFFICER KENNETH FLUDD, In His Individual Capacity; :
and OFFICER FRANK REDA, In His Individual Capacity, :

Defendants.

DEMAND FOR TRIAL BY JURY : JULY 25, 2011

COMPLAINT

INTRODUCTION

1. This action arises from an unlawful search and seizure of firearms from the home of Plaintiff Barbara C.
Doutel on February 16, 2011, in the City of Norwalk.

PARTIES

2. The Plaintiff Barbara C. Doutel (“Plaintiff”) is an individual residing at all times relevant to the
Complaint in the City of Norwalk.

3. The Defendant City of Norwalk (“City”) is a municipality duly organized, incorporated, and chartered
under and pursuant to the laws of the State of Connecticut.

4. The Defendant Harry W. Rilling (“Chief Rilling”), at all times relevant, was employed by the City as
Chief of the Norwalk Police Department and is sued in his official and individual capacities.
Case 3:11-cv-01164 Document 1 Filed 07/25/11 Page 1 of 8

5. The Defendant Thomas Materra (“Lieutenant Materra”), at all times relevant, was employed by the City
as a Lieutenant of the Norwalk Police Department and is sued in his official and individual capacities.

6. The Defendant James Walsh (“Sergeant Walsh”), at all times relevant, was employed by the City as a
Sergeant in the Norwalk Police Department and is sued in his individual capacity.

7. The Defendant Jared Zwickler (“Officer Zwickler”), at all times relevant, was employed by the City as
an Officer in the Norwalk Police Department and is sued in his individual capacity.

8. The Defendant William Curwen (“Officer Curwen”), at all times relevant, was employed by the City as
an Officer in the Norwalk Police Department and is sued in his individual capacity.

9. The Defendant Jeremy Salley (“Officer Salley”), at all times relevant, was employed by the City as an
Officer in the Norwalk Police Department and is sued in his individual capacity.

10. The Defendant Kenneth Fludd (“Officer Fludd”), at all times relevant, was employed by the City as an
Officer in the Norwalk Police Department and is sued in his individual capacity.

11. The Defendant Frank Reda (“Officer Reda”), at all times relevant, was employed by the City as an
Officer in the Norwalk Police Department and is sued in his individual capacity.

JURISDICTION

12. The United States District Court for the District of Connecticut has subject matter jurisdiction over this
case under the provisions of 28 U.S.C. § 1343(3) because it asserts claims under 42 U.S.C. § 1983 based
on the deprivation of rights guaranteed by the United States Constitution.

ALLEGATIONS OF FACT

13. The Plaintiff currently resides and did reside on February 16, 2011, with her husband Duane Doutel
(“Doutel”) in their home at 12 Maher Drive in the City of Norwalk, Connecticut.
14. As a consequence of and following the horrific home invasion and triple homicide which occurred in a
Cheshire, Connecticut, single-family home on July 23, 2007, by two men released on parole by the State
of Connecticut, the Plaintiff applied for and obtained a Connecticut Pistol Permit.
Case 3:11-cv-01164 Document 1 Filed 07/25/11 Page 2 of 8

15. The Plaintiff and her husband own and possess firearms in their single-family home for personal
protection; specifically, the Plaintiff owns a Sig Sauer P232 .380 s/n S276935, a Sig Sauer P225 9mm
s/n M402425, a Marlin Model 31 rifle, and a Winchester rifle with a scope.

16. On February 16, 2011, Officer Zwickler received a complaint from Internal and Respiratory Associates,
P.C., a medical office operated by Dr. Igal Staw (“Dr. Staw”) at 83 East Avenue, Suite 302, Norwalk,
Connecticut, regarding a voice message left at the office by Duane Doutel.

17. Officer Zwickler learned that Duane Doutel had been a patient of Dr. Staw and listened to the voice
message left by Duane Doutel concerning Duane Doutel’s need for pre-surgery physical and blood test
results to ensure that a scheduled surgery proceed as planned.

18. Officer Zwickler listened to the voice message left by Duane Doutel on the evening of February 15,
2011, at Dr. Staw’s office.

19. Duane Doutel’s February 15, 2011, voice message left at Dr. Staw’s office states in its entirety:

Hi this is Duane Doutel a former patient of Dr. Staw’s ah I paid at my last visit for
an EKG and a CBC which were pre op and they have not been forwarded despite
several requests to the surgeon. He will provide those because I paid for them up
front, I want them forwarded, if I haven’t heard within 48 hours that those results
have been forwarded to Dr. Altman, I will be walking into the office, and it will
not be pretty, do you understand me? I paid for those up front, you will provide
them. I will see to it that a valid A1C is done, not the botched one that Dr. Staw
ran without fasting. Thank-you.

20. Dr. Staw informed Officer Zwickler that Duane Doutel regularly carried a revolver with him to his
checkups and kept it under his clothing in the examination room, conduct described by the office
manager Janine Roy as “brandishing.”

21. Dr. Staw’s office manager, Janine Roy, told Officer Zwickler that she believed Duane Doutel was a
radical right-wing individual with racist ideas.

22. At that time, Officer Zwickler contacted Norwalk Police Department communications and learned that
Duane Doutel held a valid Connecticut Pistol Permit.

23. A records check performed by the Norwalk Police Department informed Officer Zwickler that Duane
Doutel had several firearms registered under his name.
Case 3:11-cv-01164 Document 1 Filed 07/25/11 Page 3 of 8

24. When Officer Zwickler telephoned Duane Doutel at his home, Duane Doutel declined to discuss the
voice message with Officer Zwickler at the Norwalk Police Department.

25. Officer Zwickler asked Duane Doutel if he would permit Officer Zwickler in his home to discuss the
voice mail. Duane Doutel initially agreed then had a change of mind and advised Officer Zwickler,
“Don’t come to my house without a warrant. Don’t come here unless you’re going to arrest me.”

26. Officer Zwickler then advised Duane Doutel that he would be arriving at the Doutel home to arrest
Doutel.

27. Officer Zwickler, Lieutenant Materra, Sergeant Walsh, Officer Curwen, Officer Salley, Officer Fludd,
and Officer Reda arrived at the Doutel home on February 16, 2011.

28. When the seven Defendants named in the foregoing paragraph arrived at the Doutel home, Norwalk
Police Department communications called Doutel and ordered Doutel to exit his home.

29. Duane Doutel complied with the order from Norwalk Police Department communications, exited his
home, and stood in his yard.

30. Officer Fludd and Officer Salley immediately handcuffed and searched Doutel.

31. The seven Defendants named in paragraph 27, above, compelled Doutel, while under arrest and
handcuffed, to guide them through his home to locate firearms.

32. Duane Doutel is a fifty-six year old man, an honorably discharged Veteran, with no criminal history.

33. The seven Defendants named in paragraph 27, above, seized all firearms in the Doutel home, including
firearms owned by the Plaintiff and not Duane Doutel, notwithstanding a list of the firearms owned by
Duane Doutel obtained previously by said seven Defendants.

34. Said seven Defendants seized all the firearms in the Doutel home as evidence in the arrest of Duane
Doutel for the voice message left by Duane Doutel at Dr. Staw’s medical office.

35. The Plaintiff by letter dated May 15, 2011, demanded return of her lawfully owned and possessed
firearms that were unlawfully seized from her home by members of the Norwalk Police Department on
February 16, 2011.
Case 3:11-cv-01164 Document 1 Filed 07/25/11 Page 4 of 8

36. Chief Rilling refused and continues to refuse to return the Plaintiff’s firearms unlawfully seized from her
home by the seven Defendants, named in paragraph 27, above, on February 16, 2011.

COUNT ONE: UNREASONABLE SEARCH AND SEIZURE OF PROPERTY, IN VIOLATION
OF THE FOURTH AND FOURTEENTH AMENDMENTS TO THE UNITED
STATES CONSTITUTION, 42 U.S.C. § 1983 (AGAINST LIEUTENANT
THOMAS MATERRA, In his Individual and Official Capacities; SERGEANT
JAMES WALSH, In His Individual and Official Capacities; OFFICER JARED
ZWICKLER, In His Individual Capacity; OFFICER WILLIAM CURWEN, In His
Individual Capacity; OFFICER JEREMY SALLEY, In His Individual Capacity;
OFFICER KENNETH FLUDD, In His Individual Capacity; and OFFICER
FRANK REDA, In His Individual Capacity)

37. Paragraphs 1-36, above, are hereby incorporated as alleged by the Plaintiff under Count One.

38. Lieutenant Materra, Sergeant Walsh, Officer Zwickler, Officer Curwen, Officer Salley, Officer Fludd,
and Officer Reda, acting under color if state law, seized the Plaintiff’s property on February 16, 2011,
without a warrant.

39. In entering the Plaintiff’s home and seizing her property without a warrant, the actions of Lieutenant
Materra, Sergeant Walsh, Officer Zwickler, Officer Curwen, Officer Salley, Officer Fludd, and Officer
Reda were objectively unreasonable.

40. Moreover, in so acting, Lieutenant Materra, Sergeant Walsh, Officer Zwickler, Officer Curwen, Officer
Salley, Officer Fludd, and Officer Reda failed to follow applicable laws and procedures.

41. Lieutenant Materra, Sergeant Walsh, Officer Zwickler, Officer Curwen, Officer Salley, Officer Fludd,
and Officer Reda lacked legal grounds to enter the Plaintiff’s home and seize her property on February
16, 2011.

42. The unlawful entry into the Plaintiff’s home and seizure of the Plaintiff’s property by Lieutenant
Materra, Sergeant Walsh, Officer Zwickler, Officer Curwen, Officer Salley, Officer Fludd, and Officer
Reda without a warrant are the proximate cause of the injury, damages, loss and harm sustained by the
Plaintiff.
Case 3:11-cv-01164 Document 1 Filed 07/25/11 Page 5 of 8

COUNT TWO: UNREASONABLE SEARCH AND SEIZURE DUE TO FAILURE TO TRAIN, IN
VIOLATION OF THE FOURTH AND FOURTEENTH AMENDMENTS TO THE
UNITED STATES CONSTITUTION, 42 U.S.C. § 1983 (AGAINST THE CITY OF
NORWALK; CHIEF HARRY W. RILLING, In His Official Capacity;
LIEUTENANT THOMAS MATERRA, In His Official Capacity; and SERGEANT
JAMES WALSH, In His Official Capacity)

43. Paragraphs 1-36, above, are hereby incorporated as alleged by the Plaintiff under Count Two.

44. The Plaintiff was injured and sustained loss of property as a result of the City of Norwalk’s failure to
train its police officers in the application of exceptions to the search warrant requirements of the Fourth
and Fourteenth Amendments to the United States Constitution.

45. As a result of the City of Norwalk’s failure to adequately train its officers, the Plaintiff’s home was
unlawfully entered and her property unlawfully seized by Lieutenant Materra, Sergeant Walsh, Officer
Zwickler, Officer Curwen, Officer Salley, Officer Fludd, and Officer Reda.

46. The City of Norwalk’s failure to provide adequate and proper training for its officers was cause of
Plaintiff’s injuries, losses and harms.

47. As a result of the City of Norwalk’s violations of the Fourth and Fourteenth Amendments to the United
States Constitution, the Plaintiff has suffered and will continue to suffer damages, including emotional
duress and loss of personal property.

COUNT THREE: DEPRIVATION OF RIGHT TO KEEP AND BEAR ARMS, IN VIOLATION OF
THE SECOND AND FOURTEENTH AMENDMENTS TO THE UNITED
STATES CONSTITUTION, 42 U.S.C. § 1983 (AGAINST CHIEF HARRY W.
RILLING, In His individual and Official Capacities; LIEUTENANT THOMAS
MATERRA, In his Individual and Official Capacities; SERGEANT JAMES
WALSH, In His Individual and Official Capacities; OFFICER JARED
ZWICKLER, In His Individual Capacity; OFFICER WILLIAM CURWEN, In His
Individual Capacity; OFFICER JEREMY SALLEY, In His Individual Capacity;
OFFICER KENNETH FLUDD, In His Individual Capacity; and OFFICER
FRANK REDA, In His Individual Capacity)

48. Paragraphs 1-36, above, are hereby incorporated as alleged by the Plaintiff under Count Three.

49. The Plaintiff’s actions were lawful on February 16, 2011, in that she possessed firearms in her home.
Case 3:11-cv-01164 Document 1 Filed 07/25/11 Page 6 of 8

50. The Defendants’ actions unlawfully deprived the Plaintiff of the right to possess firearms in her home
for personal protection as guaranteed under the Second and Fourteenth Amendments to the United States
Constitution.

51. The deprivation of the Plaintiff’s rights under the Second and Fourteenth Amendments to the United
States Constitution is evidenced further by Chief Rilling’s refusal to return the Plaintiff’s property
unlawfully held by Norwalk Police Department.

52. As a result of the Defendants’ violations of the Second and Fourteenth Amendments to the United States
Constitution, the Plaintiff has suffered and will continue to suffer damages, including emotional duress
and loss of personal property.

COUNT FOUR: DEPRIVATION OF RIGHT TO KEEP AND BEAR ARMS, IN VIOLATION OF
ARTICLE I, §15 OF THE CONNECTICUT CONSTITUTION (AGAINST CHIEF
HARRY W. RILLING, In His individual and Official Capacities; LIEUTENANT
THOMAS MATERRA, In his Individual and Official Capacities; SERGEANT
JAMES WALSH, In His Individual and Official Capacities; OFFICER JARED
ZWICKLER, In His Individual Capacity; OFFICER WILLIAM CURWEN, In His
Individual Capacity; OFFICER JEREMY SALLEY, In His Individual Capacity;
OFFICER KENNETH FLUDD, In His Individual Capacity; and OFFICER
FRANK REDA, In His Individual Capacity)

53. Paragraphs 1-36, above, are hereby incorporated as alleged by the Plaintiff under Count Four.

54. The Plaintiff’s actions on February 16, 2011, were lawful in that she possessed firearms in her home.

55. The Defendants’ actions unlawfully deprived the Plaintiff of the right to possess firearms in her home
for personal protection as guaranteed under Article I, §15 of the Connecticut Constitution.

56. The deprivation of the Plaintiff’s rights under the Connecticut Constitution is evidenced further by Chief
Rilling’s refusal to return the Plaintiff’s property unlawfully held by Norwalk Police Department.

57. As a result of the Defendants’ violations of the Connecticut Constitution, the Plaintiff has suffered and
will continue to suffer damages, including emotional duress and loss of personal property.
Case 3:11-cv-01164 Document 1 Filed 07/25/11 Page 7 of 8


DEMAND FOR RELIEF
WHEREFORE, the Plaintiff claims:

1. Compensatory damages, including damages for physical injury, emotional distress and harm to
reputation;

2. Punitive damages;

3. Interest;

4. Attorneys’ fees and costs; and

5. Such other relief as in law or equity may pertain.

JURY DEMAND

Plaintiff hereby demands a trial by jury.


PLAINTIFF
BARBARA C. DOUTEL



BY: /s/ Rachel M. Baird
Rachel M. Baird (ct 12131)
Law Office of Rachel M. Baird
379 Prospect Street
Torrington CT 06790-5238
Tel: (860) 626-9991
Fax: (860) 626-9992
Email: rbaird@rachelbairdlaw.com
Case 3:11-cv-01164 Document 1 Filed 07/25/11 Page 8 of 8
 
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E

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
B

Brad

New member
Joined
Apr 5, 2012
Messages
1
Location
usa
Take my husband but not my guns.

I read the blog and could not understand why they didn't give back your weapons? I can only assume, power they have is misused. One of the blogs "item 38" officer Reda, Is the President of an HOA, in South Carolina. I wish you luck... He's a big disappointment here.
 
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