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IL H BYRD
CUY HOG COU TY
CUERK
OF
COURTS
00 OntarioStreet
Cleveland,Ohio44 3
Courtof Common Pleas
ewCaseElectronicallyFiled:
February
16 ,
201609:06
By:PETER G.PATTAKOS008 884
ConfirmationNbr.670793
JESSICA
FERRATO
6
8590 6
vs
JONATHAN
PACHOLKE,
ET
AL.
Judge:
MICHAELE.
JACKSON
Pages
Filed:
0
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Filed
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IN
THE
URT
F MM N
PLEA
UYAH GA
C UNTY,
HI
JESSICA
FERRAT
547
Rosewood
Avenue
Lakewood,
Ohio
44 07
Plaintiff,
vs.
J NATHAN
PA H LKE
In bothhisofficialand
personalcapacities
2 5
West
3rd
Street
Cleveland,
Ohio
44 3
and
GREATERCLEVELANDREGI NAL
TRAN IT
AUTH RITY
2 5West
3rd
Street
Cleveland,Ohio 44 3
Defendants.
C
plaintwith
ury
De and
Case
No.
Jud
ge
_ _
ature f
the
cti n
.
Thisis a
civil-rights
action
brought under
42
U.S.C.
983
and
985(3).It alsoasserts
state-lawcauses
of
action.
Plaintiff
Jessica
Ferrato
alleges
that
RTA
police
officer
Jonathan
Pacholke
violated
the
Fourth
Amendment
of
the
United
States
Constitution
by
unlawfully
arresting herandusingexcessiveforceagainst
her
withoutjustcause,causing
her
physicaland
emotionalinjuriesand distress.
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of
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. WhileDefendant
Pacholke
was actinginthescopeof his
employment with
theCuyahoga
County
Regional
Transit
Authority and
under
color
of
state
law,
he
unlawfullyarrested
and
assaulted
Ms.
Ferratoasshe
was
exiting
the
A
s
West 7th
Street
Madison
AvenueRapid
Station
on
March
29,
0 5.
This
unlawfularrestandassaultdirectlyand
proximatelycaused
Ms.
Ferratosinjuries.Asaresultof thisincident,the AissuedapublicapologyforOfficer
Pacholke s conductand suspendedhisemployment beforeplacinghim onayear-long probation
forviola[ting]departmental proceduresandfail[ing]tocontrolthesituationthatled
toan
escalation
of
the
incident
and
a
use
of
force,
which
may
have
been
avoided.
. rt es
3.
PlaintiffJessica
Ferrato
resides
in
Lakewood,
Ohio.
4.
Defendant
Jonathan
Pacholke
was
a
policeofficer
for
the
RTA.
At
al l
timesrelevant
to
this
Complaint
sallegations,
he
was
acting
inhis
capacity
as
a
police
officer
employed
by
A
andwas
acting
undercolor
of state
law.
5. Defendant
A
is legally
responsiblefor
Defendant
Pacholke sconduct
as
to
Ferratos
statelaw
claimsfor
batteryandfalsearrest,as
this
conduct
was
committed in
the
course
and
scopeof Pacholke s employment with
A
in
performanceof a
proprietaryfunctionunder
R.C.
2744.02.
.
urisdicti n nd enue
6.
This
Court
has
personal
jurisdiction
over
Defendants
under
R.C.
2305.0 .
7.
Venue
is
proper
inthis
Court
under
Civ.R.3(B)(3)
because
the
events
giving
rise
to
Plaintiffs claims
took
place
in
Cuyahoga County,Ohio.
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V
Factua
ackgr und
8.
Late
on
thenightof
March
29,
0 5, Ferrato
was
returning
home
on
an A
passenger
trainfrom
theCleveland
International
Film
Festival
s
closing
ceremonies.
Justbeforemidnight,
sheexited
thetrainat
the A
s
West 7th
Street
Madison
AvenueRapidStation
in
Cleveland
nearthe Lakewoodborder.
9. Assheexitedthe stationthroughtheoutervestibuledoorintothe parkinglot,Officer
Pacholke wasstanding inthe
vestibule
arguingwithafemalepassenger.AsFerratowalkedby,
Pacholke
interrupted
his
interaction
with
the
other
passenger
to
ask
Ferrato
to
see
her
bus
pass.
0. Ms.
Ferrato
said
in
response,
Bus?
I
just
got
off
the
train,as
she
reachedfor
the
pass
thatwas
in
her
pocket.
Pacholke
then
asked
again
to
see
Ferrato
s
buspass.
Ferrato
had already
pulled
the pass
outof
her
pocket,
andshowedhim
her
passasshe
walkedaway.
Pacholke
could
clearlysee
that
her
pass
was
valid.
.
But
Officer
Pacholke then
asked
yet
again,inan aggressiveand threateningmanner,to
see
Ferrato
spass.
She
had
alreadywalkedpast
him
at
this
point
and
was
outsideof
the building
in
the
parking
lot,sosheturned
around
toshow
it
tohimagain,holding
the
pass
within
approximately
two
feetof himsothathe could,again,clearlyseethatit was
valid.
2.
As
Ferratoagain
began
to
walk
away,Pacholke ran
in
front
of herto
block
herpath,and
told
her
tostopand
return
to
him.
Ferrato
then
askedhim
why,and
he
said
somethingto
the
effect
of,
you
have
to
do
what
I
say.
Ferrato
then
pulled
out
her
A
pass
again,
and
held
it
withininches
of
Pacholke
s
face,explainingtohim,
correctly,
that
she
had
repeatedly
showed
him herpass,
and
that
it
was
a
valid
all-day
pass
that
shehad purchased
that
morning.
Pacholke
then
closed
in
on
Ferrato,
and
told
heragain
that
she
had
to
do
what
he
said,
to
which
she
repliedthathe
was
exceeding
his
authority,
that
he
needed
to
leaveher
alone,
that
she
d
already
shown
him
her
pass,
and
that
he had
no
right
todetain
her.
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3. As
Ferrato
agai
triedto
walk
past
Pacholke
towards
her
car,
Pacholke
ordered
her
to
turnarou d,threate ed
to
taze
her,
a d
ordered
her
to
give
him
her
ha ds.
Ferrato
the
attemptedto
turno her
pho e s
video
camera
torecord
the interaction,at
which
point
Pacholke
slapped
the
pho e
out
of
her
ha d.
As
Ferrato
attempted
to
pick
the
pho e up,
Pacholke k ocked
her
tothegrou d,shoved
her
faceinthedirt,a dthreate edtopepperspray
her.
4.
Pacholke the calledfor
backup
ashe co ti ued
to
pushFerratosfaceinthedirta d
secured
her
body
to
the
grou d.
pulled
Ferrato
s
arms
behi d
her
back,
used
a
knife
to
cut
thestrapof herpursetoremovethe pursefrom herpossession,a dco ti uedtoholdhertothe
grou d
by
pushi g
his
k ees
o to
her
back
as
three
other
officersarrived
at
thescene.
e
of the
officers
the ha dcuffedFerrato,
who stated
that
shewa ted
to
be
booked,take to
the
police
station,a dgiventhe
opportu ity
tospeakwith
alawyer.
Ferrato
was
terrified
throughout
this
experience,
a d
in
physical
pain.
5.
Eventually,o eof
theofficers
removed
the
other
officers
who
were
o
top
of
Ferrato,
pulled
up herpa tsa d
u derwear,whichhadcome dow duri g
theassault
exposi g
her
buttocks,a descorted
her
tothebackseatof apolicecruiser.The
three
officers
who arrivedo
the
scene
the
asked
Pacholke
to
explain
to
them
what
happe ed,a d Pacholke
proceeded
to
comply.
6.
e
of
the
officers
the
asked
Ferrato
to
explain
what
happe ed,
a d
she
told
him
a d
o eof
the other
officers
who
had
arrived
atthescene.
The
officers
the tooksome additional
i formatio from
Ferrato
tof ll outsome
paperwork,a dtwo
of them
drove
her
to
the A
police
headquarters.
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7. Ferrato
continuallypleadedwith
these
officers
as
tothe unlawfulness
of
her
arrest
and
as
they
arrivedat
R A
police
headquarters
Ferrato
was
given
theopportunity
to
tell
two
more
officers
what
had
transpired.Pacholke
was
notpresent
at
thistime.
8.
After
these
officersdiscussed
Ferrato
s situation,oneof
them
explainedthat
they
would
drop
resistingarrest
andobstructioncharges,
butthat
they
would
cite
her
for
DisorderlyConduct
whileIntoxicated,which,theyadvised,shecouldfightincourt.Healsoexplainedthatinsteadof
booking
Ferratoandkeepingher
injail,theywouldciteher,
drive
herhome,andreleaseher,
which
they
proceeded
to
do.
9. Atnopointduringthisincidentwas Ferratointoxicated.At no
point
duringthisincident
didFerrato
appearto
be
intoxicated,
or
behave
in
amanner
thatwould
havecaused
any
person
tobelieve
that
she
wasintoxicated.
At no point
during
this
incident
did
Ferrato
engage
in
conduct
prohibited
by
R.C.
29 7. .
Atnopoint
duringthisincident
didFerrato
engage
in
conduct
thatwould
havegivenany
reasonable
personprobablecause
tobelieve
that
she
was
engaging
in
conduct prohibited
by
R.C.
29 7. .
At
no
pointduring
thisincident
did
Ferrato
engageinconduct
thatwould
havegiven
any
reasonable
personprobable
cause
tobelievethat
shewascommitting
or
about
tocommit
any
crime.
20.
April
8, 0 5, the
R A
sChief of
Police,
JohnP.
Joyce,wrotea
letter
to
Ferrato
in
which
he
statedthat: As
a
result
of
ourinternalinvestigation,
your
citationforDisorderly
Conduct/Intoxication
was
not
forwarded
to
the
court
and
no
further
action
regarding
this
citation
will
be
takenby
G R A
s Transit
Police
Department.
...you
will
notbe requiredto
appearin
court
on
thedesignated
date.Pleaseacceptmyapologyfortheofficersfailure
to
follow
departmental procedures.
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2 . As a
resultof thisincident,the
A
alsoissued
a
public
apology
forOfficer
Pacholke
s
co duc a d
suspe ded
his
employme before
placing
him
o a
year-long
proba io for
viola[ting]depar me al
procedures
a dfail[ing]
to
control
thesituation
that
led
toa
escalation
of
the incident
a da
use
of
force,
which
may
havebee
avoided.
22. Sincehavi gbee unlawfullyde ai eda dassaultedby Pacholke, Ferra os
ability
to
performa d e joyherusualactivitieshasbee impaired.
She
hassufferedsevereme ala d
emo io aldistress,includingPT Da drelatedanxietyasaresultof her
mistreatment.Her
me al
a d
emo io al
injuries
are
due
to
havi g
bee
terrorized
by
the
u lawful
detention
a d
assaultthatDefe da Pacholke perpetrated.
23.
As
adirect
a d
proxima eresult
of
Pacholke
sintentional
a d
reckless
acts,
Ferrato
sustainedphysicalpai a d
suffering,including
injuryto
her
eck
a dback.
24.
Ferrato
is
entitledtocompe sa orydamages
for
theharms
inflictedupo her.A d
she
is
entitled
topunitive
damagesfor
the
u co scio able
co duc
she
was
forcedto
e dureat
the
ha ds
of Pacholke,
as
wellasattorneys fees
a d
costs.
V
ai s
25. AllclaimsstatedagainstOfficerPacholke inhisofficialcapacityarethereforeasserted
against
bo h
the Aa d
Officer
Pacholke,personally,
for
actionscommi edin
the
course
a d
scope
of hisemployme wi h
RTA.
laim
Unreasonable
seizure
under
the
Fourth
mendment
and
42
U S 1983
(against
Pacholke
in
his
personal
capacity)
26.
Plaintiff
incorporates
the
previous
allegationsby reference.
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27. Wi h purposeor intent,actingu dercolorof
state
law,Defe da
Pacholke
unlawfully
arrested,
detained,
a d
seized
Ferra o
s
person.
reasonable
officer
would
o
have
initiated
the
seizure.Pacholke seized
Ferrato
wi hou
probable
cause
or
reasonable
eed
todoso.The
u lawful
seizure
wasobjectively
u reaso able
u der
theFour h
Ame dme .All
of these
actions
caused
damagetoFerrato.
28. Pacholke
acted
u dercolorof lawinhisofficialcapacity todeprive
Ferrato
of herright
tofreedomfromillegalseizureof herperson.Thisrightis securedtoher
by
the Four h
Ame dme
a d
was
clearly
established
as
of
March
29,
20 5.
29. As adirecta d proxima eresultof Pacholke su lawfulconduct,whichwasintentional
a d
showed
a
spirit
of
ill-will,
hatred,
a d
wa o disregard
of
Ferra o
s rights,
Ferrato
suffered
a dwill
co i ue
to
suffer
eco omica d
o -eco omic
damages
for which
Pacholke
is liable,
including,bu o limitedto,mental,
emotional,a dphysicalpai a d
suffering.
Ferrato
is
entitledtopunitive
damages
based
o
Defe da s
u lawful
conduct.
laim
2
Excessive use
of
force
under
the
Fourth
mendment
and
42
U S 1983
(againstPacholke in hispersonalcapacity)
30.
Plaintiffincorporates
al l
previous
allegationsby
reference.
3 .
Defe da Pacholke
used
excessive
force
against
Ferrato
to
terrorize
her.
Eve
if
Pacholke
s
arrest
of
Ferrato
was
reasonable
a d
lawful
(it
was
not),
a
reasonable
officer
would
o
have
used
the ki d
of force
that
Pacholke
used
againstFerratotodetain
her.Pacholkeused
a
grossly
u ecessary
amou
of force
to
detain
Ferrato,
whichwasshocki g
to
a
perso of
ordi ary
conscience
a d
unjustifiable
u derthe
circumstances.
The
amou of forceusedto
accomplish
the detention
wasclearlyexcessivea d
objectively
u reaso ableu der
the
Four h
Ame dme .
All
of
these
actionscaused
damage
to
Ferrato.
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32.
Pacholke
actedunder
colorof lawin
his
official
capacityto
depriveFerrato
of
her
rightto
freedomfromexcessive
force.
This
right
is
secured
to
her
by
the Fourth
Amendmentand
was
clearlyestablished
asof
March
29,
0 5.
33.
As
adirect
and proximate
result
of
Pacholke
sunlawful
conduct,
which
was
intentional
andshowedaspiritof ill-will,hatred,andwanton disregardof Ferratos
rights,
Ferratosuffered
andwillcontinuetosuffereconomic andnon-economic damagesfor whichPacholkeandthe
County
are liable,including,butnotlimited
to,mental,emotional,and physicalpainand
suffering.
34. Ferratois entitledtopunitivedamagesbasedon Defendants unlawfulconduct.
l im3
att ry
(againstPacholk
in
his
offici
ndp rsonal
capaciti s)
35.
Plaintiff
incorporates thepreviousallegationsby reference.
36.
Defendant
Pacholke
engaged
in
the
above-described
actions
intending
to
cause
the
harmfulcontactand
the harmfulcontactresulted.Pacholkeintended
totackleFerratotothe
ground,forcefullypinhertothe ground,pulldown herpantsandunderwear,twistherarms,and
handcuffher.
These
offensive
touchings
were
unlawful
and
unwanted.
37.
As
adirect
and
proximate
result
of
Pacholke
s
unlawful
conduct,
which
was
intentional
and
showed
a
spirit
of
ill-will,
hatred,
and
wanton disregard
of Ferrato
s rights,
Ferrato
suffered
and
will
continue
tosuffer
economic
and
non-economic
damages
for
which
Pacholke
is liable,
including,
butnotlimited
to,
mental,
emotional,
and
physical
painandsuffering.
38.
Ferrato
is entitled
to
punitivedamages
based
on Pacholke s
malicious
conduct.
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39. The Ais
legally
responsible
for
thisunlawfuland
malicious
conduct,committed
in
the
course
andscopeof Pacholke
s employment
with
A
inperformance
of a
proprietary function
under
R.C.2744.02.
l im4
False rrest
(againstPacholke in hisoffici ndpersonalcapacities)
40. Plaintiffincorporates
the
previous
allegations
by
reference.
4 .
Defendant
Pacholke
deprived
Ferrato
of
her
libertywithoutlawfuljustification.
42. As
adirect
and proximate
result
of
Pacholke
sunlawful
conduct,
Ferrato
suffered
and
will
continue
to
suffereconomic
and
non-economic
damagesfor
whichPacholke
is liable,
including,
but
not
limited
to,
mental,
emotional,and
physical
pain
andsuffering.
43. Ferrato
is entitled
to
punitive
damages
based
on
Pacholke
s
malicious
conduct.
44. The A
is
legallyresponsibleforthisunlawfuland maliciousconduct,committed inthe
course
and
scope
of
Pacholke
s
employment
with
A
in
performance
of
a
proprietary
function
under
R.C.2744.02.
V .
P
r yer
f r
e ef
For
the reasons
stated
above,Plaintiff
respectfully
requests
the
following
relieffromthe
Court:
A. Declare
thatDefendant
Pacholke
s acts
and
conduct
constitute
violations
of
the
FourthAmendment
of
the
U.S.Constitution
under
4 U.S.C.
983.
B.
Judgment
in
Plaintif
f
s
favor
asto
al l
claimsfor
relief.
C.
Specialand
generaldamages
in
excessof $ 5,000
to
compensate for
theinjuries
Ms.Ferratosustaineddue
to
DefendantPacholke s conduct
includingeconomic
and
non-economic damages
formedical
costs,pain,
suffering,
humiliation,
and
emotional
distress.
D.
Punitiveand
exemplary
damages,
pre-judgment interest,
post-judgment interest,
costs,
and
otherreasonable
expenses
incurredinmaintaining
this
action,andthe
reasonableattorneys
fees
and
costs
incurred
in
maintainingthis
action.
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E.
All
otherrelief
in
law
or equity
to
which
Plaintiff
is
entitled
and
that
the
Court
deems
equitable,
just,
or
proper.
V
J
ury
e nd
Plaintiffdemands
atrial by juryon
al lissueswithinthisComplaint.
Respectfully
submitted,
THE
HANDRALAWFIRM,
eter attako _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Subodh
Chandra
(0069 33)
AshlieCaseSletvold(0079477)
PeterPattakos(008 884)
65 W.6thSt.,Suite400
Cleveland,
H
44 3- 3 6
6.578. 700
Phone
6.578. 800
Fax
Attorney
for
laintiff
Je ica
Ferrato
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Electro ically
Filed
02/ 6/20 6
09:06//CV 6
8590 6 ConfirmationNbr.670793 CLLXS
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