"According to a search warrant affidavit on file in state Superior Court in Danbury, two witnesses told police they fled the second-floor apartment at 58 Town Hill Ave., "after getting into a confrontation" with a person they believed to be the landlord, leaving Encalada alone with the man." John Pirro: News-Times article 02.01.10
As an addition to News-Times John Pirro's write-up on the search warrant affidavit related to the death of Luis Encalada Bueno, and arrest of Joe DaSilva Jr., here's a pdf copy of the document filed at Danbury Superior Court.
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On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.
Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.
Plaintiffs request declaratory relief, damages and attorneys fees.