INTHEUNITEDSTATESDISTRICTCOURT

FORTHENORTHERNDISTRICTOFINDIANA
HAMMONDDIVISION

JAMALJONES,LISAMAHONE,JOSEPH
IVY,andJANIYAIVY,

Plaintiffs,

v.

CITYOFHAMMOND,PATRICKVICARI,
CHARLESTURNER,andOTHER
UNKNOWNOFFICERS,
CaseNo.

Defendants.

JURYTRIALDEMANDED

COMPLAINT

Plaintiffs JAMAL JONES, LISA MAHONE, JOSEPH IVY, and JANIYA IVY, by
and through their undersigned attorneys, complain against Defendants CITY OF
HAMMOND, PATRICK VICARI, CHARLES TURNER, and OTHER UNKNOWN
OFFICERS,asfollows:
JURISDICTIONANDVENUE
1. ThisCourthasjurisdictionpursuantto28U.S.C.1341,1343.ThisCourt
hassupplementaljurisdictionoverstatelawclaimspursuantto28U.S.C.1367.
2. Venue is proper in this judicial district under 28 U.S.C. 1391(b) and (c)
becausePlaintiffsandallDefendantseitherresideinthisdistrictorhavetheirprincipal
placeofbusinessinthisdistrict,andalleventsgivingrisetoPlaintiffsclaimsoccurred
withinthisdistrict.
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PARTIES
3. Jamal Jones (hereinafter, Jamal) resides within the state of Indiana and
withinthisjudicialdistrict.
4. Lisa Mahone (hereinafter Lisa) resides within the state of Indiana and
withinthisjudicialdistrict,andistheparentandguardianofJosephIvyandJaNiyaIvy.
5. Joseph Ivy (hereinafter Joseph) is a 14yearold minor and resides within
thestateofIndianaandwithinthisjudicialdistrict.
6. JaNiya Ivy (hereinafter JaNiya) is a 7yearold minor and resides within
thestateofIndianaandwithinthisjudicialdistrict.
7. The City of Hammond is a municipal corporation and public entity
organized under the laws of the state of Indiana and is located within this judicial
district.
8. PatrickVicariisapoliceofficeremployedbytheCityofHammond.
9. Atallrelevanttimes,DefendantVicariwasondutyandactedundercolor
oflawandwithinthescopeofhisemployment.
10. CharlesTurnerisapoliceofficeremployedbytheCityofHammond.
11. Atallrelevanttimes,DefendantTurnerwasondutyandactedundercolor
oflawandwithinthescopeofhisemployment.

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12. Defendants other unknown officers are police officers employed by the
CityofHammond.
13. At all relevant times, Defendants other unknown officers were on duty
andactedundercoloroflawandwithinthescopeoftheiremployment.
FACTSRELEVANTTOALLCLAIMS
14. On or about September 24, 2014, at about 3:30 p.m., Plaintiffs were
traveling in a vehicle in the vicinity of 169th Street and Cline Avenue in the City of
Hammond.
15. Lisawasthedriverofthevehicle.
16. Jamalwasseatedinthefrontpassengerseat.
17. JaNiyaandJosephwereseatedintherearpassengerseats.
18. Defendants Vicari and Turner, who were in uniform and driving marked
City of Hammond police vehicles, activated their emergency equipment and pulled
Plaintiffsvehicleovertothesideoftheroad.
19. Lisa pulled over to the side of the road, but the manner in which Vicari
andTurnerpulledoverPlaintiffsvehiclewashighlyaggressiveandplacedPlaintiffsin
fearfortheirsafety.
20. Uponapproachingthevehicle,VicariorTurnerplacedspikestripsunder
thewheelsofPlaintiffsvehicle,whichmadePlaintiffsevenmorefearfulfortheirsafety.
21. VicariandTurnerdemandedLisasidentification.
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22. Lisacompliedandgavetheofficersheridentification.
23. Vicari and Turner stated that they had pulled over Plaintiffs vehicle
becauseLisahadnotbeenwearingherseatbelt.
24. LisaconcededthatshehadnotbeenwearingherseatbeltandaskedVicari
andTurnertoissueheraticketquickly.Lisainformedtheofficersthathermotherwas
dyingandthatPlaintiffswereonthewaytothehospitaltoseeherbeforeshedied.
25. RatherthanissuingLisaaticketforfailuretowearaseatbelt,theofficers
demandedthatJamal,thepassenger,providetheofficerswithhisidentificationaswell.
26. Vicari and Turner had no reasonable basis to believe that Jamal had
committedanycrime.
27. Jamal informed the officers that he did not have his drivers license but
hadaticketwithhisinformationonit.
1

28. Jamal offered to write his information down for the officers, but the
officersrefused.
29. Because of the officers aggressive demeanor and lack of any reasonable
basistobelievethatJamalhadcommittedanycrime,JamalandLisafeltthattheywere
inimminentdanger.
30. TheofficersthenorderedJamaltogetoutofthevehicle.


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Hehadpreviouslyturnedoverhisdriverslicensewhenhewasstoppedfornotpaying
hisinsurance.
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31. Jamalofferedtoshowtheofficerstheticket,whichhadhisinformationon
it,buttheofficersrefused.
32. Lisacalled911andrequestedasupervisor,andJamaldeclinedtogetout
ofthevehiclebecausetheywereinreasonablefearfortheirsafety.
33. In full view of the officers, Jamal retrieved the ticket from his backpack
andofferedthetickettotheofficers.
34. Theofficersdeclinedtotaketheticket.
35. Afteraminuteortwofornoreason,theofficersdrewtheirweapons.
36. The officers had no reasonable basis to believe that anyone in the vehicle
was a threat. The vehicles windows were clear and the officers had an unobstructed
viewofeverypersonwithinthevehicle.
37. At no time did the officers inform any of the Plaintiffs that they were
underarrest.
38. OtherthaninformingLisathatshewouldbecitedforaseatbeltviolation,
atnotimedidtheofficersinformanyofthePlaintiffsthattheywereunderreasonable
suspicionofcommittingacrime.
39. AtnotimedidtheofficersorderanyofthePlaintiffstoputtheirhandsin
theairorupwheretheycouldseethem.
40. TheofficersagainorderedJamaltoexitthevehiclewithoutanybasis.

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41. Jamalagain declined because hefearedthat theofficers would harm him
and/ortheotherPlaintiffsinthevehicle.
42. Despite the fact that Jamal was not under arrest, was not reasonably
suspected of committing a crime, and presented no threat to the officers, the officers
decidedtoforciblyremoveJamalfromthevehicle.
43. Vicari, Turner, or one of the other unknown officers approached the
vehicle with a tool and raised the tool into an aggressive posture, placing Plaintiffs in
imminentfearofphysicalharm.
44. The officer used the tool to smash the front passenger window of the
vehicle,strikingJamalintherightshoulderandcausingshardsofglasstostrikeJamal,
Lisa,Joseph,andJaNiya.
45. Vicari, Turner, or one of the other unknown officers shot Jamal with a
taser and then, individually and collectively, the officers dragged Jamal out of the
vehicleandthrewhimtotheground.
46. The officers continued to tase Jamal while he lay on the ground, despite
thefactthatJamalwasnotresistinginanyway.
47. TheofficersthenplacedJamalinhandcuffsandplacedJamalunderarrest.
48. At no point during this entire encounter did Jamal physically resist the
officersinanyway.
49. Jamalwaschargedwithresistinglawenforcement.
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50. At no point did the officers search the vehicle or any of Plaintiffs for
weapons.
51. Lisa was cited for failure to wear a seatbelt and eventually allowed to go
onherway.
FACTSRELEVANTTOMONELLCLAIMSAGAINSTCITYOFHAMMOND
52. Defendants Vicari and Turner have a history of using objectively
unreasonableforceagainstcitizensandarrestingcitizenswithoutprobablecause.
53. DefendantVicarihasbeennamedasadefendantinatleastthreeprevious
lawsuits involving the use of excessive force against citizens as well as arrest without
probablecause:
A. Stancatov.CityofHammond,No.07cv00259(N.D.Ind.)
B. Grayv.CityofHammond,No.08cv00114(N.D.Ind.)
C. Warnerv.CityofHammond,No.11cv00458(N.D.Ind.)
54. Similarly,DefendantTurnerhasbeennamedasadefendantinatleastone
previous lawsuit involving the use of excessive force against citizens as well as arrest
withoutprobablecause:
A. Leidingv.CityofHammond,No.03cv00381(N.D.Ind.)
55. The public documents listed above are representative examples only and
do not include other internal and informal complaints filed by citizens against Vicari
andTurneraswellasotherCitypoliceofficers.
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56. In addition to the above examples, there are numerous other instances of
City police officers using excessive force against citizens as well as false arrests of
citizens.
57. Despite this history, the City of Hammond has not disciplined Vicari or
Turner orother officers and has instead promoted them to leadership positions within
thepolicedepartment.
58. Moreover,despitethishistoryofunlawfulconductbyCitypoliceofficers,
theCityhasfailedtoadequatelyinvestigateallegationsofofficermisconduct,hasfailed
to adequately discipline officers for the use of excessive force, and has failed to
adequatelytrainitsofficersontheproperuseofforce.
59. The Citys failure to do so is a de facto policy that encourages officers to
violatetheconstitutionalrightsofcitizenswithimpunity.
60. The Citys de fact policy proximately caused the individual officers to
engageintheunlawfulconductdescribedaboveagainstPlaintiffs.
COUNTI

ViolationoftheFourthAmendmentExcessiveForce
61. This count is pled against the individual defendants on behalf of all
Plaintiffs.
62. Under the Fourth and Fourteenth Amendments to the U.S. Constitution,
Plaintiffsareentitledtobefreefromtheunreasonableuseofforcebypoliceofficers.
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63. Plaintiffs rights under the Fourth and Fourteenth Amendments are
enforceableunder42U.S.C.1983.
64. Vicari, Turner, or other unknown officers use of force in breaking the
window and striking Lisa, Jamal, Joseph, and JaNiya was objectively unreasonable
underthecircumstances.
65. Vicari, Turner, or other unknown officers use of force in shooting Jamal
withataserwasobjectivelyunreasonableunderthecircumstances.
66. The individual Defendants actions were undertaken within the scope of
theiremployment,whileonduty,andundercoloroflaw.
67. As a result oftheunjustified andexcessiveuse of force bytheindividual
defendants,Plaintiffshavesufferedphysicalandemotionalinjuries.
WHEREFORE, Plaintiffs pray that this Court enter judgment in their favor and
againsttheindividualdefendants,andawarddamagesasfollows:
A. Compensatorydamages;
B. Punitivedamagesasallowedbylaw;
C. Reasonableattorneysfees,costs,andlitigationexpenses;and
D. AnyotherreliefthisCourtdeemsjustandappropriate.

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COUNTII

ViolationoftheFourthAmendmentExcessiveForce(Monell)
68. This count is pled against the City of Hammond only on behalf of all
Plaintiffs.
69. The actions of the individual Defendants, as described above, was taken
pursuanttothepolicyandpracticeoftheCityofHammond.
70. Asamatterofbothpolicyandpractice,theCityofHammondencourages,
andisthemovingforcebehind,theindividualofficersobjectivelyunreasonableuseof
force against citizens by hiring and retaining unqualified officers, and by failing to
adequatelytrain,supervise,andcontrolitsofficers.
71. By failing to adequately investigate and discipline officers who have
engaged previous instances of excessive force against citizens, the City of Hammond
manifestsdeliberateindifferencetotheviolationsofthosecitizensconstitutionalrights
bytheCityspoliceofficers.
72. The Citys deliberate indifference to its officers use of excessive force
againstcitizensencouragesofficerstobelievethattheiractionswillneverbescrutinized
andthusencouragesofficerstocontinueusingexcessiveforceagainstcitizens.
73. TheCitysfailuretoadequatelytrain,supervise,anddisciplineitsofficers
fortheiruseofexcessiveforcecausedtheindividualdefendantstouseexcessiveforce

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against Plaintiffs because the officers believed that they would not be investigated or
punishedfordoingso.
74. AsadirectresultoftheCityspolicyandpractice,Plaintiffshavesuffered
physicalandemotionalinjury.
WHEREFORE, Plaintiffs pray that this Court enter judgment in their favor and
againsttheindividualdefendants,andawarddamagesasfollows:
A. Compensatorydamages;
B. Punitivedamagesasallowedbylaw;
C. Reasonableattorneysfees,costs,andlitigationexpenses;and
D. AnyotherreliefthisCourtdeemsjustandappropriate.
COUNTIII

ViolationoftheFourthAmendmentFalseArrest
75. ThiscountispledagainsttheindividualdefendantsonbehalfofPlaintiff
JamalJones.
76. Under the Fourth and Fourteenth Amendments to the U.S. Constitution,
Joneshasarighttobefreefromarrestwithoutprobablecause.
77. Plaintiffs rights under the Fourth and Fourteenth Amendments are
enforceableunder42U.S.C.1983.
78. TheindividualdefendantshadnoprobablecausetobelievethatJoneswas
committingorhadcommittedacrimeatthetimetheyplacedhimunderarrest.
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79. The individual defendants actions were undertaken within the scope of
theiremployment,whileonduty,andundercoloroflaw.
80. As a result of his arrest and detention without probable cause by the
individualdefendants,Joneshassufferedphysical,emotional,andfinancialinjuries.
WHEREFORE, Plaintiffs pray that this Court enter judgment in their favor and
againsttheindividualdefendants,andawarddamagesasfollows:
A. Compensatorydamages;
B. Punitivedamagesasallowedbylaw;
C. Reasonableattorneysfees,costs,andlitigationexpenses;and
D. AnyotherreliefthisCourtdeemsjustandappropriate.
COUNTIV

ViolationoftheFourthAmendmentFalseArrest(Monell)
81. ThiscountispledagainsttheCityofHammondonlyonbehalfofPlaintiff
JamalJones.
82. The actions of the individual defendants as described above were taken
pursuanttothepolicyandpracticeoftheCityofHammond.
83. Asamatterofbothpolicyandpractice,theCityofHammondencourages,
and is the moving force behind, the individual officers arrest of citizens without
probablecausebyhiringandretainingunqualifiedofficers,andbyfailingtoadequately
train,supervise,andcontrolitsofficers.
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84. By failing to adequately investigate and discipline officers who have
engaged in previous instances of arrest of citizens without probable cause, the City of
Hammond manifests deliberate indifference to the violations of those citizens
constitutionalrightsbytheCityspoliceofficers.
85. The Citys deliberate indifference to its officers arrest of citizens without
probablecauseencouragesofficerstobelievethattheiractionswillneverbescrutinized
andthusencouragesofficerstocontinuearrestingcitizenswithoutprobablecause.
86. TheCitysfailuretoadequatelytrain,supervise,anddisciplineitsofficers
for arresting citizens without probable cause led the individual defendants to arrest
PlaintiffJoneswithoutprobablecausebecausetheofficersbelievedthattheywouldnot
beinvestigatedorpunishedfordoingso.
87. As a direct result of the Citys policy and practice, Plaintiff Jones has
sufferedphysical,emotional,andfinancialinjury.
WHEREFORE, Plaintiffs pray that this Court enter judgment in their favor and
againsttheindividualdefendants,andawarddamagesasfollows:
A. Compensatorydamages;
B. Punitivedamagesasallowedbylaw;
C. Reasonableattorneysfees,costs,andlitigationexpenses;and
D. AnyotherreliefthisCourtdeemsjustandappropriate.

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COUNTV

StateLawAssaultandBattery
88. ThiscountispledagainstalldefendantsonbehalfofallPlaintiffs.
89. The actions of the individual defendants created a reasonable
apprehension of imminent harm by and constituted harmful or offensive contact with
eachPlaintiff.
90. The actions of the individual defendants were objectively unreasonable
under the circumstances and were undertaken intentionally with malice, willfulness,
andrecklessindifferencetotherightsandsafetyofPlaintiffs.
91. The actions of the individual defendants were undertaken within the
scopeoftheiremploymentwiththeCityofHammond
92. The City of Hammond is liable as principal for all torts committed by its
agents.
93. As a result of the actions of the individual defendants, Plaintiffs have
sustainedphysicalandemotionalinjuries.
WHEREFORE, Plaintiffs pray that this Court enter judgment in their favor and
againsttheindividualdefendants,andawarddamagesasfollows:
A. Compensatorydamages;
B. Punitivedamagesasallowedbylaw;
C. AnyotherreliefthisCourtdeemsjustandappropriate.
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COUNTVI

StateLawFalseArrest/FalseImprisonment
94. ThiscountispledagainstalldefendantsonbehalfofPlaintiffJamalJones.
95. The individual defendants did not have probable cause to believe that
Joneswascommittingorhadcommittedanycrime.
96. The individual defendants caused Jones to be arrested and imprisoned
withoutprobablecauseorlegaljustification.
97. The actions of the individual defendants were objectively unreasonable
under the circumstances and were undertaken intentionally with malice, willfulness,
andrecklessindifferencetotherightsofJones.
98. The actions of the individual defendants were undertaken within the
scopeoftheiremploymentwiththeCityofHammond.
99. The City of Hammond is liable as principal for all torts committed by its
agents.
100. Asaresultoftheactionsoftheindividualdefendants,Joneshassustained
physical,emotionalinjuries,andfinancialinjuries.
WHEREFORE, Jones prays that this Court enter judgment in his favor and
againsttheindividualDefendants,andawarddamagesasfollows:
A. Compensatorydamages;
B. Punitivedamagesasallowedbylaw;
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C. AnyotherreliefthisCourtdeemsjustandappropriate.
COUNTVII

StateLawIntentionalInflictionofEmotionalDistress
101. ThiscountispledagainstallDefendantsonbehalfofallPlaintiffs.
102. The individual Defendants actions were objectively extreme and
outrageousunderthecircumstances.
103. The individual Defendants actions were taken intentionally with malice,
willfulness,andrecklessindifferencetotherightsandsafetyofPlaintiffs.
104. The actions of the individual Defendants were undertaken within the
scopeoftheiremploymentwiththeCityofHammond.
105. The City of Hammond is liable as principal for all torts committed by its
agents.
106. As a result of the actions of the individual Defendants, Plaintiffs have
sustainedsevereemotionalinjuries.
WHEREFORE, Plaintiffs prays that this Court enter judgment in his favor and
againsttheindividualDefendants,andawarddamagesasfollows:
A. Compensatorydamages;
B. Punitivedamagesasallowedbylaw;
C. AnyotherreliefthisCourtdeemsjustandappropriate.

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Respectfullysubmitted,

JAMAL JONES, LISA MAHONE,

JOSEPHIVY,andJANIYAIVY

s/DanaL.Kurtz

AttorneyforPlaintiff

ElectronicallyfiledonOctober6,2014

DanaL.Kurtz(ARDC#6256245)
KURTZLAWOFFICES,LTD
32BlaineStreet
Hinsdale,Illinois60521
Phone:630.323.9444
Facsimile:630.604.9444
Email:dkurtz@kurtzlaw.us

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