Complaint Against Police Officer

Complaint

In the United States District Court for the

of

COMPLAINT

COMES NOW Plaintiff in the above-styled and numbered cause, by and through his attorneys, and files this his Complaint against Defendants, and , and in support thereof would show unto the Court the following matters and facts:

1. Plaintiff is an adult resident citizen of .

2. Defendant is an adult resident citizen of .

3. Defendant is a Municipality and a local governmental subdivision in , created and existing by virtue of the laws of . The Police Department is a department of .

I. Jurisdiction

4. This Complaint seeks, inter alia, damages pursuant to 42 U.S.C.A. § 1983 and 42 U.S.C.A. § 1988 for violation of Plaintiff's civil rights and for related claims.

5. Jurisdiction is founded on 28 U.S.C.A. § 1331 and 28 U.S.C.A. § 1343. This court has supplemental jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C.A. § 1367.

II. Venue

6. The acts or omissions giving rise to the Plaintiff’s claims arose in , . Thus, pursuant to 28 U.S.C.A. § 1391(b)(2), venue is proper in the of .

7. Both of the Defendants are legally responsible for, the incident, unlawful conduct, injuries and damages alleged by personally participating in the unlawful conduct, or acting jointly or conspiring with others to act, by authorizing or allowing, explicitly or implicitly, policies, customs, practices, actions or omissions that led to the unlawful conduct, by failing to take action to prevent the unlawful conduct, by failing or refusing to initiate and maintain adequate training or supervision, and thus constituting deliberate indifference to Plaintiff’s rights, and by ratifying the unlawful conduct that occurred by agents and officers under their direction and control, including failing to take remedial or disciplinary action.

8. At all times mentioned in this Complaint, Defendant , was an agent, employee, and/or co-conspirators of the and that at all times, Defendant was acting within the course and scope of that relationship as a police officer.

9. In doing the acts and/or omissions alleged, Defendants, and each of them, acted under color of authority and/or color of state law at all relevant times.

10. Pursuant to , Defendant is liable for injuries caused by his acts and/or omissions to the same extent as a private person. Pursuant to , Defendant is vicariously liable for injuries proximately caused by the acts and/or omissions of its public employees, including Defendant .

11. The violations of the Plaintiff’s constitutional rights complained of were caused by customs, policies, and/or practices of authorized policymakers of Defendant and other supervisory officials of Defendant ’s Police Department, which encouraged, authorized, directed, condoned, and/or ratified the unconstitutional and unlawful conduct complained of in this Complaint. These customs, policies, and/or practices were the moving force behind the violations alleged, and include, but are not limited to, exposing persons to unreasonable force and seizure during the course of driving-under-the-influence investigations and/or traffic stops, failing to maintain adequate policies, failing to adequately train, supervise, and control investigators and officers concerning driving-under-the-influence investigations and/or traffic stops, failing to investigate and impose discipline on investigators and officers who employ improper investigation methods, and traffic stop tactics, and failing to adopt other remedial measures and policies to ensure that such violations do not recur.

III. Factual Allegations

11 through 20 (Set forth allegations indicating civil rights violations by municipal police officer committed in the course of making a false arrest and imprisonment of plaintiff based on an alleged drunk driving incident)

IV. Filing of Claims under and Tolling of Statute of Limitations

21. On , Plaintiff presented his claim to Defendant , pursuant to the .

22. On , Defendant served on Plaintiff a written notice of rejection of his respective claim, effective . A copy of this notice is attached as Exhibit A, and incorporated by reference.

23. Based on the ’s false representations, a criminal complaint was filed against Plaintiff in on in connection with the incident. Plaintiff’s criminal trial was scheduled for . All criminal charges against Plaintiff was dismissed on . Under , Plaintiff was prohibited from bringing a civil action against peace officers and public entities while criminal charges were pending against him. Any applicable statute of limitations was therefore tolled while criminal charges were pending.

24. In this case, any applicable statute of limitations was tolled from

V. Claims for Relief

First Claim for Relief -- Excessive Force

25. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 24, as though fully set forth here.

26. Defendants' misconduct alleged above violated Plaintiff’s right to be free from the unreasonable and excessive use of force as guaranteed by the 4th Amendment and the 14th Amendment of the United States Constitution.

27. Defendants' misconduct directly and proximately caused Plaintiff to suffer injury including bodily injury, pain and suffering, shock, extreme emotional distress, and humiliation.

Second Claim for Relief -- False Arrest

28. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 27, as though fully set forth here.

29. Defendants' misconduct violated Plaintiff’s right to be free from unreasonable seizure as guaranteed by the 4th Amendment and the 14th Amendment of the United States Constitution.

30. Defendants' misconduct directly and proximately caused Plaintiff to suffer injury including shock, extreme emotional distress, and humiliation. violation of state and federal civil rights statutes, assault and battery, and false imprisonment.

(Set forth any other Allegations as to additional claims for relief)

VI. Request for Relief

WHEREFORE, Plaintiff requests the following relief:

1. Compensatory damages against each Defendant, jointly and severally, in an amount to be proven at trial;

2. Punitive and exemplary damages against each individual Defendant (as allowed by law) in an amount appropriate to punish each individual Defendant and deter others from engaging in similar misconduct;

3. Costs of suit;

4. Reasonable attorney's fees pursuant to , and as otherwise authorized by statute or law;

5. Pre-judgment and post judgment interest as permitted by law; and

6. Such other relief, including injunctive and/or declaratory relief, as the court may deem proper.

Dated: