Complaint for Damages for Excessive Force

Complaint for Damages under For Use of Excessive Force by Arresting Officer and Failure to Provide Adequate Medical Treatment

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF
,
DIVISION

PLAINTIFF

V. CIVIL ACTION NO.

,
POLICE OFFICER and CITY OF DEFENDANTS

Complaint for Damages under For Use of Excessive Force by Arresting Officer and Failure to Provide Adequate Medical Treatment

Comes now (Plaintiff), by and through his attorneys, and files this, his Complaint against (Police Officer) (hereinafter called Officer), and the City of , (hereinafter called City), Defendants, and in support hereof, Plaintiff would show unto the Court the following matters and facts:

COUNT ONE

USE OF EXCESSIVE FORCE

1. This is an action for damages for unlawful violation of civil rights under 42 U.S.C.A. § 1983.

2. Jurisdiction is invoked under 28 U.S.C.A. § 1331.

3. Venue is proper under 28 U.S.C.A. § 1391.

4. Plaintiff, , is a citizen of the United States and a resident of

5. Defendant, (Officer) is a police officer employed by Defendant, the City of (City), and was at all times material acting within the scope of his employment and under color of state law.

6. Defendant City is a municipal corporation, and is charged with the duty to supervise, manage and control its Police Department to prevent the violation of the civil rights of its citizens.

7. On (date), at approximately (time), Plaintiff was operating his motor vehicle in a Norththeasterly direction on near its intersection with , within the city limits of City).

8. At the mentioned time and place, Defendant Officer, in a marked City police vehicle, pulled up behind Plaintiff's vehicle as it began to travel up , and turned on the flashing lights of the vehicle.

9. Plaintiff pulled his vehicle over to the side of the street onto the business premises of a convenience store located at

10. At all times material, Defendant Officer had a duty under the Fourteenth Amendment to the Constitution of the United States to refrain from the use of excessive force in stopping Plaintiff's vehicle, investigating any traffic offenses of which he suspected Plaintiff may have been guilty and in taking Plaintiff into custody.

11. Notwithstanding that duty, Defendant Officer was then and there guilty of one or more of the following wrongful acts and/or omissions to act, in that he:

A. Struck Plaintiff with blunt instruments without cause or provocation;

B. Kicked Plaintiff in the groin;

C. Struck Plaintiff on the back of the neck;

D. Struck Plaintiff in the arms, legs and stomach;

E. Picked Plaintiff up and dropped him onto the pavement; and

D. Recklessly used excessive force in order to cause Plaintiff injury.

12. After wrongfully battering Plaintiff and causing him to sustain severe and permanent injury, Defendant Officer wrongfully failed to assure that Plaintiff received appropriate medical treatment, and instead brought Plaintiff to a police station of City, where Plaintiff was placed in a detention cell.

13. Plaintiff remained in the police station’s detention cell for an extended period of time, losing consciousness.

14. The failure of Defendant Officer to assure that Plaintiff received medical evaluation and treatment prior to being placed in a detention cell was in violation of Plaintiff's rights under the Fourth and Fourteenth Amendments to the Constitution of the United States to be free from the excessive use of force and to be free from reckless indifference to his serious medical needs

15. As a direct and proximate result of one or more of the said wrongful acts or omissions to act of Defendant Officer, Plaintiff suffered severe and permanent injury to his person, pain, suffering, disability, loss of income, mental anguish, humiliation, and other diverse injuries.

16. Defendant City failed to adequately train Defendant Officer in proper arrest and detention procedures so as to insure that Defendant Officer did not violate the rights of a citizen to be free from the excessive use of force under the Fourth and Fourteenth Amendments to the Constitution of the United States, and failed to adequately supervise Defendant Officer in order to insure that Defendant Officer did not violate the rights of a citizen to be receive adequate medical attention when needed.

WHEREFORE, Plaintiff demands judgment against Defendants, and each of them, for their wrongful violations of Plaintiff's right to be free from the excessive use of force under the Fourth and Fourteenth Amendments to the Constitution of the United States, in the amount of $ as and for compensatory damages, punitive damages in an amount sufficient to deter such wrongful conduct in the future, plus attorney fees and costs, as provided in 42 U.S.C.A. § 1988. Plaintiff demands trial by jury.

COUNT TWO

RECKLESS INDIFFERENCE TO PLAINTIFF'S SERIOUS MEDICAL NEEDS

Plaintiff here re-alleges the allegations of Paragraphs 1-16 of Count One as the allegations of this Count Two, as if fully set forth.

WHEREFORE, Plaintiff demands judgment against Defendants, and each of them, for their violation of Plaintiff's rights under the Fourth and Fourteenth Amendments to the Constitution of the United States, the amount of $ as and for compensatory damages, punitive damages in an amount sufficient to deter such wrongful conduct in the future, plus Plaintiff's attorney fees and costs as provided in 42 U.S.C.A. § 1988. Plaintiff demands trial by jury.

COUNT THREE

MONETARY CLAIM AGANST DEFENDANT CITY

Plaintiff here re-alleges the allegations of Paragraphs 1-16 of Count One as the allegations of this Count Three, as if fully set forth.

17. Defendant City is a municipal corporation which operates, administers, maintains and controls the Acme Police Department as one of its executive branches.

18. Defendant City has established policies and procedures for its Police Department regarding the use of force, and regarding the provision of medical service to prisoners and detainees.

19. In establishing these procedures, Defendant City had a duty under the Fourth and Fourteenth Amendments to the Constitution of the United States to refrain from enforcing or continuing in effect policies and procedures that created a substantial likelihood that prisoners or detainees would be subjected to the use of excessive force by City’s Police Department officers, or policies and procedures which created a substantial likelihood that the serious medical needs of prisoners or detainees would not be treated with reckless indifference by its agents, servants and employees employed by City’s Police Department.

20. Notwithstanding its mentioned duties, Defendant City was guilty of one or more of the following wrongful acts or omissions to act in violation of the Plaintiff's Constitutional rights, in that it:

A. Allowed policies and procedures to continue in force and effect which resulted in the use of outrageous and excessive force against Plaintiff,

B. Had a custom and practice of failing to independently and adequately investigate complaints of excessive force,

C. Had a custom and practice of failing to effectively discipline or retrain police officers who wrongfully utilized excessive force,

D. Failed to establish appropriate policies and procedures to address and correct the repeated use of excessive force by police officers in traffic stops,

E. Allowed the continuance in force and effect of policies and procedures which failed to protect detainees who had sustained injury from the reckless indifference of City’s agents, servants and employees in its Police Department to their serious medical needs.

21. As a direct and proximate result of one or more of the foregoing wrongful acts or omissions to act of Defendant City, the Plaintiff sustained a violation of his rights under the Fourth and Fourteenth Amendments to the Constitution of the United States, severe and permanent injury to his person, pain, suffering, disability, loss of income, mental anguish, humiliation, and other diverse injuries.

WHEREFORE, Plaintiff requests judgment against Defendant City in the amount of $ as and for compensatory damages, plus attorney fees and costs as provided in 42 U.S.C.A. § 1988. Plaintiff demands trial by jury.

COUNT FOUR

STATE LAW CLAIM FOR COMMON LAW BATTERY

Plaintiff re-alleges the allegations of Paragraphs 1-21 of this Complaint as the allegations of this Count Four, as if fully set forth.

22. At all times material, Defendant Officer was on duty as a uniformed City police officer and was acting in the scope of his employment by Defendant City as a police officer for the city of (City).

23. Defendant Officer’s acts as described herein constitute a battery under the common law of .

24. Said acts of Defendant Officer were done without cause or provocation by Plaintiff, and with intent to cause Plaintiff injury.

25. As a direct and proximate result of Defendant Officer acts as described herein, Plaintiff suffered severe and permanent injury to his person, pain, suffering, disability, loss of income, mental anguish, humiliation and other diverse injuries.

WHEREFORE, Plaintiff demands judgment against Defendant Officer and the city of , and each of them, in the amount of $ plus Plaintiff's costs of suit.

COUNT FIVE

CLAIM FOR GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT

Plaintiff re-alleges the allegations of Paragraphs 1-25 of this Complaint as the allegations of this Count Five, as if fully set forth.

26. At all times material, Defendant Officer, individually and as an agent, servant, and employee of Defendant City, had a duty to refrain from causing injury to Plaintiff through gross negligence or willful and wanton misconduct.

27. In breach of his duty to refrain from causing injury to Plaintiff through his gross negligence or willful and wanton misconduct, Defendant Officer, as an agent, servant and employee of Defendant City, was guilty of one or more of the following grossly negligent and/or willful and wanton acts or omissions to act, in that Defendant Officer:

A. Willfully and wantonly or with gross negligence struck Plaintiff with blunt instruments without cause or provocation, although Defendant Officer knew, or should have known, that such conduct posed an unreasonable risk of causing serious injury to Plaintiff;

B. Willfully and wantonly or with gross negligence kicked Plaintiff in the groin although Defendant Officer knew, or should have known, that such conduct posed an unreasonable risk of causing serious injury to Plaintiff;

C. Willfully and wantonly or with gross negligence struck Plaintiff in the neck although Defendant Officer knew, or should have known, that such conduct posed an unreasonable risk of causing serious injury to Plaintiff;

D. Willfully and wantonly or with gross negligence choked Plaintiff although Defendant Officer knew, or should have known, that such conduct posed an unreasonable risk of causing serious injury to Plaintiff;

E. Willfully and wantonly or with gross negligence struck Plaintiff in the arms, legs and stomach although Defendant Officer knew, or should have known, that such conduct posed an unreasonable risk of causing serious injury to Plaintiff;

F. Willfully and wantonly or with gross negligence picked Plaintiff up and dropped Plaintiff onto the pavement although Defendant Officer knew, or should have known, that such conduct posed an unreasonable risk of causing serious injury to Plaintiff;

G. Willfully and wantonly or with gross negligence used excessive force in order to cause Plaintiff injury although Defendant Officer knew, or should have known, that such conduct posed an unreasonable risk of causing serious injury to Plaintiff; and

H. Willfully and wantonly or with gross negligence or recklessly placed Plaintiff in a detention cell first without having Plaintiff examined and treated by a physician for the severe injuries sustained by Plaintiff as a result of Plaintiff's beating by Defendant Officer, although Defendant Officer knew, or should have known, that such conduct posed an unreasonable risk of causing serious injury to Plaintiff.

28. As a direct and proximate result of one or more of Defendant Officer’s wrongful acts or omissions to act, Plaintiff sustained severe and permanent injury to Plaintiff's person, pain, suffering, disability, loss of income, mental anguish, humiliation and other diverse injuries.

WHEREFORE, Plaintiff demands judgment against Defendants, and each of them, in the amount of $ as and for compensatory damages, punitive damages against Defendants, and each of them, in an amount sufficient to deter the described wrongful conduct in the future, and Plaintiff's costs of suit. Plaintiff demands trial by jury.

Respectfully submitted,

OF COUNSEL:

(Law Firm)

Post Office Box

City, State, Zip Code

Telephone: