2016-01-12 Complaint (Case No CV-16-857117)
Transcript of 2016-01-12 Complaint (Case No CV-16-857117)
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
1/14
IL H BYRD
CUY HOG COU TY
CUERK
OF
COURTS
1200OntarioStreet
Cleveland,Ohio44113
urtof mm n Pleas
ewCaseElectronicallyFiled:
January
12 ,
2016
09:44
By:SU ODH HANDRA0069233
onfirmationNbr.
639910
LU ILLEDUMAS V16
857117
vs
MADELINE HAPPELL, ETAL.
Judge:
PETER
J ORRIGAN
PagesFiled:13
Electr nically
Filed
01/12/2016
09:44/
/ V16857117/ onfirmationNbr.639910/ LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
2/14
IN
THE
OURT
OF OMMON
LEAS
UYAHOGA
OUNTY,
OHIO
LU ILLE
DUMA
15634
Kipling
Avenue,
Apt.2
leveland,
Ohio
44110
Plaintiff,
vs .
MADELINE
HA ELL
In
bothher
official
and
personal
capacities
26241
Lakeshore
Boulevard #1953
Euclid,
Ohio
44132
and
UYAHOGA
OUNTY
1215
West
3rd
Street
leveland,Ohio 44113
Defendants.
C
plaint
with
ury
e and
ase No.
Judg
e
_ _
ature f
the
cti n
1. Thisis a
civil-rights
actionbrought under
42U.S. .
1983
and
1985(3).It alsoasserts
state-lawcauses
of
action.
Plaintiff
LucilleDumas
alleges
that
uyahoga ounty
orrections
Officer
Madeline
happell
violated
the
Fourth
and
Fourteenth
Amendments
of
the
United
States onstitution by usingexcessive
forceagainst
her
without
just
causeandcausingher
physicalandemotionalinjuriesand distress.
Page
of13
Electr nically
Filed
01/12/2016
09:44// V 16
857117/ onfirmationNbr.639910/
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
3/14
2. WhileDefendant
happellwas actingin
thesc pe f
her
empl ymentwith
the
uyah ga
unty
Sherif
f
s
Department
and
under
color
f
state
law,
sheunlawfully
attacked
Ms.
Dumas, wh
was
being
b ked
n
January14,
2015at
the
Euclid
ity Jail.
This
unreas nable
seizuredirectly
and
pr ximatelycaused
Ms.
D as
sinjuries.The
uyah ga
untyPr secut rsOfficeindictedMs. happell ncharges f kidnapping(R. .2905.10(A)(3)),
tamperingwithrecords(R. .2913.42(A)(1)and
2921.12(A)(1)),
assault(R. .
2903.13(A),and
unlawfulrestraint(2905.03(A)).
happell
pled
guiltytotheassaultcharge n December 9,2015,
and
as
part
f
her
plea
agreement,
she
resigned
her
empl yment
as
a
corrections
officer
and
agreedthatshew uldn tseekfurtherempl ymentinlawenf rcement.
3.
uyah ga
unty,
thr ughit s
Sheriff
sDepartment,
knew
thatDefendant
happell
was
unfitfordutyas
a
corrections
officer
andwasnegligent
and
reckless
insupervising,disciplining,
staffing,and
retaining
happellas
an
empl yee.Thisnegligence
and
recklessness
was
a
direct
andpr ximatecause
f D as
s
injuries.
rt es
4.
Plaintiff
LucilleDumasresidesin leveland,Ohi .
5. Defendant
Madeline happell
wasa orrectionsOfficer
rp ral
for
the uyah ga
unty
Sherif
f s
Department.At
al l
times
relevantto
this
mplaint
s allegations,
she
was
acting
in
her
capacity
as
a
rrecti nsOfficer
empl yed
by
the uyah ga
untySheriff
s
Department
and
was
acting
under
color
f
state
law.
6.
Defendant
uyah ga
unty is
responsible
for happell
s
actions
as
alleged
inthis
mplaint,and
is responsible
for
the negligentand
reckless
supervision,
discipline,
staffing,and
retention f
Ms.
happellasa
rrecti ns
Officer.
Page
2
f13
Electr nically
Filed
01/12/2016
09:44// V 16
857117 onfirmationNbr.639910
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
4/14
.
Jur sd ct n
and
Venue
7.
This
urt
has
pers nal
jurisdiction
ver
Defendants
under
R. .
2305.01
and
venue
is
pr per
in
this urtunder
iv.
R.
3(B)(3)becausetheeventsgiving
rise
toPlaintiffs
claimst k
place
in
uyah ga
unty,
Ohi .
V .
actua
ackgr und
. happellsattack on
umas
8.
r
ab ut
January
14,
2015,
Lucille
Dumas
was
arrested
in
c nnecti n
with
a
traffic
stop
and
br ught
to
the uyah ga
unty
Jail
Annex fthe
Euclid
ity Jail
for
b king.Then-
rp ral happell was
n
duty
at
theb king
desk
at
the
time.
9.
Acc rding
toa
written
report
by Detective
Phil
R bins n
f
the uyah ga unty
Sheriffs Department,wh reviewed jailsurveillancevide andinterviewed severaleyewitnesses,
happells attack nDumas ccurredasfollows:
10. Duringthe b kingprocess, happelland
Dumas
became engagedinaverbal
exchangethatbegantoget animated. happellthenranar undthe deskand punched
Inmate
Dumas
in
her
face
with
her
righthand...
Acc rdingto
unty
rrecti ns
Officer
Macarthur
Williams,
an
eyewitnessto
the incident,
when
rp ral
happell
slammed
[a ]b k
d wn
n
thedeskandg[o]t
up
andbeg[a]n
to
c me
ar und
the
desk[,]
that
s
when Ms.
Dumas
stood
up
and
t k
a
defensive
stance
to
protect
herself.
11.
Acc rdingtoDetectiveR bins n s
report,
after
the[first]punchby rp ral happell,
OfficerM tt disengagedfr mh lding
InmateDumasand rp ral happellgrabbedinmate
Dumas and
began
to
wrestle
with
her
and eventually
threwher
to
the gr und. The
[surveillance]
vide alsosh ws rp ral happelladministering [oleoresincapsicum]
Page
3
f13
Electr nically
Filed
01/12/2016
09:44// V 16
857117/ onfirmationNbr.639910/
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
5/14
pepper
sprayto
the
faceof InmateDumas with
several
otherofficers
affectedby thedeployment
of
the
spray.
Accordingto
Dumas,
she
was
kicked
by
orporal happell
while
on
the
ground.
12. Detective
Robinson
s
report
furtherstatesthat, thecorrections
staffwas
able
tohandcuff
Inmate
Dumas
and
secure
her
inacorrections
approvedrestraintchair...
Whileattempting
to
moveInmateDumasfromthe
floor
totherestraintchair,the videoshows orporal happell
liftingInmateDumas[,who washandcuffedatthe time,]off thefloorbyherhairthenslamming
her
intotherestraintchair.
happell
then,
along
with orrectionsOfficerDelonteBrown and
Officer
Williams,
strap[ped]
Inmate
Dumas
to
the
restraint
chair.
13. AfterDumas wassecuredtotherestraintchair,happelladjustedherhair,looked
around,
then
struck
inmateDumas
with
her
left
hand.Officer
Brown reported
that
happell
struckMs.
Dumas3
timesin
the
face
and while
being
punched
Ms.Dumas was
defenseless
and
wasnotable
toprotect
herself.
Officer
Williams
reported
that,
while
[Ms.
Dumaswas]inthe
restraintchair
he
saw
orporal
happellpunchMs.
Dumas3
timeswith
aclosed
fist to
her
face
and
that
it
was
full
blown
strikes
.. .[t ]
theeye
and
cheek.
14.
Detective
Robinson
sreport
furtherstates
that
happell
wheel[ed
Ms.
Dumas
in
the]
restraint
chair
towards
the backof
theroom
...
butOfficerBrown intervenedand
tookcontrolof
the
restraint
chair
and
pushed
Inmate
Dumas
in
tothe back
room out
of
cameraview.
The video
shows...
orporal
happell
entering
andexitingthe room with
aTupperwarestylecontainer
handling
it
as
if
it
was
filled
up
with
water
and
repeating
the
process
no
less
than
two
(2 )
times.
15.
Officer
Mott
reportedthat happellthenunnecessarily
drenched
[Ms.Dumas]with
waterin
an
aggressive
manner,andthen
str[uck]Ms.Dumas
inthefacewith
[the]
Tupperwarecontainercausingit tobreak.According toOfficerBrown, happelltookthe
[Tupperware]bowl and
hit
[Dumas]
in
the
face
with
it
breaking
thebowl
and
splitting
it
down
themiddle.
According
to
Officer
Williams,
happell
took
the
bucket
and
slapped
Dumas
Page
4of 13
Electr nically
Filed
01/12/2016
09:44// V 16
857117 onfirmationNbr.639910
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
6/14
upside
the head with
a
back
hand
slappingmotion[.][T]his
cracked
the
bucket
down
the
middle[.]Ms.
Dumas
was
in
restraints
in
the
restraint
chair
at
this
time.
16.
Officer
Brown
further
reported
that,
orporal happellordered
Officer
Brown
to
throw
that
particular
bowl
away
and
repeated
the
order
twice[.] orporal happell
placed
thebowl
in
thetrashcart...withthe TupperwareBowl nevertobe seenagain.
17.
According toOfficer
Mott:
Allemployees working
that
eveningwererequiredto
completeawrittenor
typedaccountoftheassaultincident. orporal happellreadOfficer
Mott
s
statement
and
replied,
oh
hell
no
you
re
doing
too
much.
orporal
happell
then
erased
anddeletedOfficerMott s typedstatementwhichwas approximately onehalf pagelongand
very
detailed
and
typed
in
a
one
line
simple
statementthat
depicted
untruth
and
minimized
the
whole
incidentbetweenMs.
Dumas
and
orporal
happell.OfficerMottwas
thenordered
to
sign
the statementthatwas not
authorized
by her.
18. According to
Officer
Williams,
when
Sheriff
sDeputiesarrived
to
transportMs.
Dumas
to
the
uyahoga
ounty
Jail
...
a
female
deputy
asked,didI
missanything?
and
Ms.
Dumas
replied, yes,shetried
tokillme,
then orporal happell
replied,
you
refuckingright
I
tried
to
killyou.
19. All
of
these
statements
containedin
Detective
Robinson
sreport,
as
set
forth
in
paragraphs10
18
above,aretrue.
20.
happell
s
attack
on
Dumas
caused
Dumas
to
be
terrified
and
fearful.
happell
s
attack
onDumas was
not
provoked
by
any
threat
of
physical
forcefrom Dumas.
21.
Dumas
filed
a
formal
grievance
with
uyahoga
ountyabouttheabove-described
conduct bymailon July17,2015,accordingtothe uyahoga ounty orrections enters
inmate handbook.
Dumas
receiveda
writtenreply
to
her
grievancefrom uyahoga
ounty
Assistant
Prosecuting
Attorney
Barbara
R.
Marburger
in
whichMs.
Marburger
stated
that
the
Page
5
of 13
Electr nically
Filed
01/12/2016
09:44// V 16
857117 onfirmationNbr.639910
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
7/14
inmate grievance
process
...is n tapplicable to[Ms.
Dumas]
andthat
uyah ga
unty
officials
are
aware
f
theincident
at
the
Euclid
Jail
n
January
14,
2015.
The ounty
s
negligent
and
reckless
retention
of efendant happell
22.
uyah ga
unty,
thr ughit s
Sheriff
sDepartment,hadapatternand
practice
and
a
cust mand policy f negligentlyandrecklessly
hiring
officersn tsuitablefortheirpositions,
failingtopr perlytrainandsuperviseofficers,andretainingofficersunfitfortheirpositions.
23. TheSheriffsDepartment negligentlyand recklesslyhired,staffed,and retained
Defendant
happell
as
a
rrecti ns
Officer
rp ral,
despite
the
fact
that
she
was
clearly
unfit
for
her
duties.
24.
In
December
2013,
the
Sheriffs
Department
suspended
happell
for
fourseparate
incidents
in
Oct berand
N vember 2013,
including
tw incidents
f
displaying
unprofessional,
disrespectful,
threatening
and
pr fane
language
t ward
inmates,
andtw incidents
f
unprofessional behavi r
t ward
subordinates.Ina
letter
to happelldated
December 22,
2013,
uyah ga
unty
H man
Res urcesDirector
Elise
Hara
stated
that,y ur
c ntinued
failure
to
c nduct
yourself
in
aprofessional
manner
am untstoadeliberatedefianceofprotocol,policy
andappropriatebehavi rinthew rk place.
25. Thisfollowedan incident nly
m nthsbeforethat
caused
theSheriff s
Department
to
issued
happell
awritten
reprimand
to
happellstatingthat:
On
March25,2013,
while
y u
were
c nducting
a
raid
and
strip
search
y u
ann unced
to
the
entire
p d
f
inmates
to
squat
d wn
and
actlike
y uare
riding
a
dick.
26.
In an
investigatory
interview
c nductedby uyah ga
unty
Sherif
f
sSergeant
Patrick
Leahy
n
N vember
6,
2013,
Leahy
stated
to happell:H w
many
times
have
I
had
to
have
y u
relievedfr man
incident
because
f
y ur
screaming
and
swearing,inciting
theinmate,
Page
6
f13
Electr nically
Filed
01/12/2016
09:44// V 16
857117 onfirmationNbr.639910
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
8/14
instead
f de-escalating the
situations?
...Have I
n thady urelievedfr m
an
incidentseveral
timesin
the
past?
27.
Leahy
wr tein
his
report
f
theinterview
that:
During
the
questioning
pl
happell
had
to
be
told
several
times
to
stop
talking
sol ud
and
to
keep
n
the
subject
athand.
pl
happellc ntinuedtog off natangent,arguingab utirrelevanttopics. pl happell had
been calledtothe
office
for herallegedunprofessionalismindealingwiththe inmatesandshe
was
c mpletelyunprofessional during
theinterview,talking
loudly
andarguingduringthe entire
interview.
28.
Since
2005,theSheriff sDepartment hassuspended happellatleast21timesfor
absenteeism
and
otherunprofessional
conduct.
Plaintiff
s
d m g s
29.
Since
having
beenattacked
by
happell,
D as
sability
to
perf rm
and
enj y
her
usual
activities
has
beenimpaired.
She
hassuffered
severe
em ti naldistress,includingdepression,
sleeplessness,
and
relatedem ti nalanxietyasaresult fhermistreatment.If
sheseesapolice
officer,shehas
particulartroublesleeping
thatnight.Her mentaland
em ti nal
injuriesaredue
tobeing
terrorized
by
theattack
thatDefendant happellperpetratedandthe unty
failedto
prevent.
30.
As a
direct
and
pr ximate
result
f
Defendants
intentional
and
recklessacts,Dumas
sustained
severe
mental
and
physical
pain
and
suffering
and
injury
in
an
am unt
to
be
determined
at
trial.
31.
Dumas
is
entitled
toc mpensat rydamages
for
the
harmsinflicted
up n
her.
And
sheis
entitled
to
punitivedamages
for
the
unc nsci nable
c nduct
she
was
forcedto
endureat
the
hands
f
happell,as
well
asattorneys
feesandcosts.
Page
7 f13
Electr nically
Filed
01/12/2016
09:44// V 16
857117 onfirmationNbr.639910
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
9/14
V
ai s
laim
Excessive
use
of forceunder
the
FourthandFourteenth
mendments
and
U S 1983
(against all efendants)
32.
Plaintiffincorporates
al l
previous
allegationsby
reference.
33. Defendant
happell
used
excessiveforce gainst
Dumas
to
terrorizeher. reasonable
officerw uld
n t
haveinitiatedthe seizure r
used
the
kindof
force
that
happell
usedagainst
Dumas. happellattacked
Dumaswith ut
pr bable
cause
or
reasonable
need
tod so.She
used
a
grosslyunnecessary
am unt
f
force
to
detain
Dumas,
which
was
sh cking
to
a
pers n f
rdinary
conscience
and
unjustifiable
under the
circumstances.
The
am unt
f
force
used
to
acc mplishthe detentionwasclearly
excessiveandobjectively
unreas nable
underthe
F urth
Amendment. All
f
theseactions
caused
damagetoDumas.
34.
happell
acted
under
color
f
law
in
her
official
capacity
to
deprive
Dumas
f
her
right
to
freed mfr m
illegal
seizure f
her
person.This
rightis
securedto
her
by the
F urth
and
F urteenth
Amendments and
was
clearlyestablished
as
fJanuary 4, 015.
35.
The
unty
knew
that
it snegligentand
recklesstraining,
upervision,
iscipline,
taffing,
andretention f
happell
w uld
lead
to
this
civil-rights violation.
36.
In
retaining
happell,
and
failing
to
adequately
train,
iscipline,
and
superviseher
despite
her
kn wn
history f violence
t ward
inmates
and
colleagues,the
unty
was
deliberatelyindifferent
tothe
likelihood
that
the
civil-rights
violationsagainst
Dumas w uld
occur.Thisfailuream unts toan unconstitutionalcust m,policy, rpractice f permittingthe
use fexcessiveforceagainst
inmates.
Page
8
f13
Electr nically
Filed
01/12/2016
09:44/ V 16
857117 onfirmation br.639910
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
10/14
37. As a
directand pr ximateresult
f
Defendants
unlawful
conduct,
which
was
intentional
and
sh wed
a
spirit
f
ill-will,hatred,and
want n disregard
f
D as
srights,
Dumas
suffered
and
will
c ntinue
to
sufferec n micand
n n-ec n mic damages
for
which
happelland
the
unty
are
liable,
including,but
n t
limitedto,
mental,emotional,
and
physical
pain
and
suffering.
38. Dumas
is
entitled
topunitivedamagesbased nDefendants unlawfulconduct.
laim
2
enial
f
equal
protection under
the14th me dme tand
4 U S 1983
(against
happell)
39.
Plaintiffincorporates
the
previous
allegations
by
reference.
40. With purp se
r
intent
to
discriminate,
acting
under
color
f
state
law,
Defendant
happelldiscriminated
againstDumas
illegallyand
based
n
her
race.
In
attacking
Dumas
as
describedab ve, happell,wh is aucasian,treatedDumas differentlyandaslessthanhuman
because
Dumas
is
black.
41.
happellsattack nDumas wasm tivatedby D assrace. happelldid
n tattack
similarlysituated aucasianinmates,wh ,likeDumas, presentedn reasonable threatof
physical
force
to
her,
in
the
way
that
sheattacked
Dumas.
42.
happell
s
attack
n
Dumas
led
to
the
deprivation
f D as
sfederally
protected
rightto
equal
protection.
43.
As
a
direct
and
pr ximate
result
f
the
unconstitutional
denial
f
equal
protection,
Dumas
hassuffereddamages
forwhich happell
is
liable.
Page
9
f13
Electr nically
Filed
01/12/2016
09:44// V 16
857117 onfirmationNbr.639910
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
11/14
44. Asa
directand pr ximateresult
f
Defendants
unlawful
conduct,
which
was
intentional
and
sh wed
a
spirit
f
ill-will,hatred,and
want n disregard
f
D as
srights,
Dumas
suffered
and
will
c ntinue
to
suffer
ec n micand
n n-ec n mic
damages
for
which
happell
is liable,
including,
butn t
limitedto,
mental,
emotional,
and
physical
pain
andsuffering.
45.
Dumas
is entitledtopunitivedamagesbased n
Defendants
unlawfulconduct.
laim
3
attery
(againstChappell)
46. Plaintiffincorporates
the
previous
allegations
by
reference.
47.
Defendant
happellengaged
in
the
ab ve-describedactions
intending
to
cause
the
harmful
contactand
the harmful
contact
resulted.
happell
intended
to
strike
Dumas
in
her
face
repeatedly,withher
closed
fist
and
witha
plastic
container,
and
didsowhile
Dumas was
c mpletelyrestrainedand defenseless.Theseoffensivet uchingswereunlawfulandunwanted.
48.
As
a
direct
and
pr ximate
result
f
happell
s
unlawful
conduct,
which
was
intentional
andsh wedaspirit f
ill-will,hatred,andwant n disregard f D assrights,Dumassuffered
andwillc ntinuetosufferec n micandn n-ec n mic damagesfor which happellis liable,
including,
butn t
limitedto,
mental,
emotional,andphysicalpain
and
suffering.
49.
Dumas
is
entitledtopunitivedamages
based
n
happell
s unlawful
conduct.
laim4
ntentional
infliction
of
emotio al
distress
(against
Chappell)
50.
Plaintiff
incorporates thepreviousallegationsby reference.
51.
Defendant
happellsattack n
Dumas wasextremeand utrage usand
constituted
behavi r
that
is
intolerable
in
acivilized
c mmunity.
Page10
f
13
Electr nically
Filed
01/12/2016
09:44// V 16
857117 onfirmationNbr.639910
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
12/14
52.
happell
s
attack nDumas
was
undertakenkn wingly
and
intentionally,
withmalice,
with
a
conscious
disregard
f D as
s
rights
and
interests,
and
with
certainty f
inflicting
severe
harmanddamage n
Dumas.
53.
Defendant
happell
sattack
nDumas
was
intentional,
was
intended
to
cause,
anddid
directlyandpr ximatelycauseDumas tosuffersevereanddebilitatingem ti nalharm and
damage,includinganxiety,depression, paranoia,andsleeplessness.
54.
The mentalanguishsuffered
by Dumas asadirectandpr ximateresult f happells
c nduct
is
serious
and
f
a
nature
that
n
reasonable
pers n
c uld
be
expected
to
endure
i .
55. happellknewor sh uldhavekn wn thatDumas w uldsuffersevereharm anddamage
asaresult
f
her
conduct.
56.
Dumas
is entitledtopunitivedamages
based
n
happell
s
unlawful
conduct.
Claim5
M l c ous
attemptto
influence
public officials
(intimidation)under
C 2921.03( )and
(C)
(against
Chappell)
57.
Plaintiff
incorporates thepreviousallegationsby reference.
58.
By deleting
and
replacing
OfficerM tt
swrittenacc unt
f
her
attack n
Dumaswith
a
false
acc unt
f
theevent,
Defendant
happell
kn wingly
attemptedtouseamateriallyfalseand
fraudulent
writingwithmaliciouspurpose,in
badfaith,andin
a
w nt n
and
recklessmanner,
in
an
attempt
to
influence
and
hinder
unty
officials
r
Prosecutors
in
the
discharge
f
their
duties.
59.
As
adirect
and pr ximateresult f happelsunlawful
conduct,
prosecutorswere
hampered
in
theirability
to
fully
prosecute
and
h ld
happellacc untable
for
her
crimes,and
accepteda
lesserpleaand
sentence
than
was
warranted.
Page
11
f
13
Electr nically
Filed
01/12/2016
09:44// V 16
857117/ onfirmationNbr.639910/
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
13/14
60. Asa
directand pr ximateresult
f happel
s
unlawful
conduct,
whichwas
intentional
and
sh wed
a
spirit
f
ill-will,hatred,and
want n disregard
f
D as
srights,
Dumas
suffered
and
will
c ntinue
to
sufferec n micand
n n-ec n mic damages
for
which
happell
is
liable,
including,
butn t
limitedto,
mental,
emotional,
and
physical
pain
andsuffering.
61. Defendant uyah ga unty,as happelsempl yer,is responsiblefor
her
wr ngd ing
underthedoctrine f resp ndeatsuperior.
62.
happellsactions
violateR. .
2921.03(A)andsubject happellandthe
unty
tocivil
liability,
including
for
attorneys
fees,
costs,
and
expenses
under
R. .
2921.03( ).
laim
6
egligent a d
reckless
training,supervision,
discipline,
staffing,a dretention
(against
uyahoga
ou ty)
63. Plaintiffincorporates thepreviousallegationsby reference.
64. Defendant uyah ga unty failedtoexerciseduecareand
acted
inawillful,want n,
andreckless
manner
intraining,supervising,disciplining,staffing,and
retaining
Defendant
happellasa orrectionsOfficer orporal.
65. uyah ga
unty
knew
that
happell
was unfit
for
her
position
and
duties,
yet tolerated
her
empl yment.
66. uyah ga
unty
s
negligent,
reckless,
want n,andwillful
c nduct
inthis
regard
directly
and
pr ximately
caused
D as
s
injuries
alleged
in
this
mplaint.
V .
r yer
f r
e ef
F r
the reasons
stated
ab ve,Plaintiffrespectfully
requests
the
following
relieffr mthe ourt:
A. DeclarethatDefendants actsandc nductconstituteviolations f theF urthand
F urteenth
Amendments
ftheU.S. onstitution
under
42
U.S. .1983.
B. Judgment in
Plaintiff sfavorastoal l
claimsfor
relief.
Page12
f
13
Electr nically
Filed
01/12/2016
09:44// V 16
857117 onfirmationNbr.639910
LSDH
-
7/23/2019 2016-01-12 Complaint (Case No CV-16-857117)
14/14
.
Specialand
generaldamages
in
excess
f$25,000
to
c mpensatefor
theinjuries
Ms.
Dumas
sustained
dueto
Defendants c nduct
including
ec n mic
and
n n
ec n mic
damages
for
medical
costs,
pain,
suffering,
humiliation,
and
em ti nal
distress.
D.
Punitiveand
exemplary
damages,
pre-judgment interest,
p st-judgmentinterest,
costs,and
otherreasonable
expenses incurred
in
maintaining
thisaction,and
the
reasonableattorneys feesandcostsincurredinmaintainingthisaction.
E. Allother
relief
inlawor equitytowhichPlaintiffis
entitled
andthatthe
urt
deemsequitable,just, rproper.
V
ury
e nd
Plaintiff
demands a
trial
by jury
n
al l
issues
within
this
mplaint.
Respectfully
submitted,
THE
HANDRALAW
FIRM,
ubodh
Chandra_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Sub dh
handra
(0069233)
Peter
Pattakos
(0082884)
Ashlie
ase
Sletvold
(0079477)
1265
W.
6thSt.,Suite400
leveland, H44113-1326
216.578.1700Ph ne
216.578.1800Fax
Sub dh. handra@ handraLaw.c m
Peter.Pattak s@ handraLaw.c m
Ashlie.Sletv ld@ handra.Law.c m
and
[Per
con ent
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
hrist pher
Th mari s
(0076637)
820W.
Superi r
Ave.,Suite840
leveland,Ohi 44113
216.696.8217Ph ne
216.696.9292Fax
christ [email protected] m
Attorney for
Plaintiff
Lucille
Duma
Page13
f
13
Electr nically
Filed
01/12/2016
09:44// V 16
857117 onfirmationNbr.639910
LSDH
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]