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P was picked up in a vehicle driven by Latoya Black, the mother of P's two-year-old child. That child was sitting in the back seat. P had just exited Salvatore's Pizza, crossed the street, and climbed into Ms. Black's jeep, which was pulled over in front of a convenience store located across the street from Salvatore's. As Ms. Black proceeded to P's home, she noticed an RPD patrol car following her. Ms. Black was stopped by two RPD officers, Defendants Bongiovanni (Bongiovanni) and Officer DiMauro (DiMauro). Bongiovanni accused P of engaging in a drug transaction with Ms. Black, whom they did not believe to be previously acquainted with P. Bongiovanni finally gave 'tinted windows' as the reason for pulling the vehicle over. Ms. Black was never charged with an equipment violation or any other traffic infraction. Bongiovanni stated that he and his partner wanted to check Ms. Black and P for warrants. P was on felony parole for a weapons charge, and Ds started 'whistling and hooting and . . . gave [each other] a high-five.' Bongiovanni and DiMauro then conspired to 'invent a pretense authorizing [a] search of the vehicle and said if they couldn't convince Ms. Black to consent to a search, they needed to create a way to ruffle Ms. Black's and P's feathers so they could justify a search of the vehicle.' Ms. Black and P refused to consent. 'Bongiovanni then insisted P remove himself from the vehicle,' reached into the car, and unlocked P's door. P relocked the door, and Bongiovanni 'unsnapped the holster to his service weapon,' and both P and his daughter began crying. Bongiovanni unlocked the door again and stated that he 'was not going to tell P one more time to get out of the vehicle.' P exited the vehicle, and DiMauro held P's hands behind his back as 'Bongiovanni searched P. DiMauro placed P in a very uncomfortable position, causing him to bend his torso forward to relieve pressure on his shoulders.' Bongiovanni, who now was searching P for the third or fourth time, began shoving P's chest back, causing P to suffer more shoulder pain.' 'Bongiovanni then began reaching . . . into P's underwear attempting to search around P's genitalia,' while DiMauro pulled 'P's arms uncomfortably higher behind his back.' P broke away from the officers and ran. Ds chased P, tackled him to the ground, and arrested him. Officer Christina Moorhouse (Moorhouse) 'arrived at the scene and allegedly found four glassine vials containing marijuana behind the fences at 259 Albermarle Street.' Ds chased P, tackled him to the ground, and arrested him. Officer Christina Moorhouse (Moorhouse) 'arrived at the scene and allegedly found four glassine vials containing marijuana behind the fences at 259 Albermarle Street.' (Id. at ¶ 67). 'P was then taken to the Aquinas Institute' where Bongiovanni searched P again several times. Bongiovanni then 'began reaching up P's right pant leg. P asked what [he] was doing, and Bongiovanni responded with a sneer and laughter.' P was taken to the Monroe County Jail. 'As P removed his right shoe, a plastic clear vial with a white lid fell out of [his] right pant leg and hit the floor.' P believed that Bongiovanni had planted the vial of marijuana when he had searched P earlier that day. The criminal charges against P were dismissed. As a result of Ds'actions during his arrest, 'P became sick, sore, lame, and disabled and suffered and is still suffering great physical and mental pain and discomfort.' P alleges that all of his injuries are of a permanent nature.

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