Professional Documents
Culture Documents
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Plaintiff,
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v.
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Civil Action Number:
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COREY LENARD, an individual, and
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CITY OF HOMEWOOD POLICE
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DEPARTMENT,
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Defendants.
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__________________________________________________________________
COMPLAINT
__________________________________________________________________
COMES NOW the Plaintiff, Brenda Rivers, by and through undersigned
Counsel of record, and complains of the Defendants as follows:
(Parties, Jurisdiction and Venue)
1.
All paragraphs, allegations, counts, and prayers for relief herein are to
age of nineteen (19) years and a resident citizen of the State of Alabama.
3.
the age of nineteen (19) years and a resident of the State of Alabama.
4.
The term defendant used herein refers to each and all defendants. At
all times relevant herein, the defendants acted alone and/or in concert with other
defendants or others, are liable to Plaintiff jointly and severally, and all actions and
conduct herein described proximately caused or contributed to the injuries
sustained by the Plaintiff.
6.
legal entities, acted through agents, employees, and officers, who were acting
within the line and scope of their agency or employment or authority; the acts and
conduct of said persons were at all times ratified and approved by defendants, and
done for the benefit of defendants.
7.
invokes federal subject matter jurisdiction. All other claims, including those based
in state tort law, are properly brought pursuant to this Courts ancillary jurisdiction.
9.
COUNT ONE
(Deprivation of Civil Rights 1983 Claim)
10.
Plaintiff adopts and alleges each and every paragraph above as if fully
Plaintiff alleges that while she was in Wal-Mart, she was approached
Plaintiff told the law enforcement officers that they could not look in
her purse and that she was then arrested for failure to comply.
14.
slammed Rivers to the ground or otherwise made physical contact with her. Upon
information and belief, the law enforcement officer committing these acts was and
is Defendant Lenard.
15.
there existed no valid and supportable probable cause or reasonable suspicion that
the Plaintiff had committed a crime. Additionally, Defendant Lenard violated the
Plaintiffs Fourth Amendment rights by using excessive force against the Plaintiff
on or around December 1, 2016. Further, Defendant Lenard violated the Plaintiffs
Fifth Amendment rights to due process. As a result of said Constitutional and civil
rights violations, the Plaintiff has sustained the following injuries:
16.
a.
b.
c.
d.
e.
f.
her Constitutional and civil rights and, consequently, proximately caused the
injuries as set forth herein.
17.
At all times material hereto, Defendant Lenard was in the line and
Individual and Official capacity), and all other named Defendants deprived Rivers
of her rights, privileges, and immunities secured by the Constitution of the United
States, the laws of the United States, the Constitution of the State of Alabama, and
the common law of the State of Alabama through their unreasonable and
unprovoked punishment in the form of assault and battery and use of excessive
force upon Rivers, inflicting serious and painful bodily injury.
20.
Defendants actions were beyond their authority, beyond the scope of their
jurisdiction, and without the authority of law.
21.
22.
and assault Rivers. Defendants use of force was excessive, unskillful, unlawful,
and unreasonable.
23.
search her purse, Rivers indicated to the Defendants she had just entered the store.
After Rivers was arrested and slammed to the ground, the shopper who had her
wallet stolen identified that Rivers was not the person who stole the wallet. The
Defendants continued to keep Rivers in handcuffs on the floor under arrest.
24.
Instead of providing safety to Rivers, who told the Defendants she had
just walked into the store, Defendants assaulted Rivers without reason or
provocation.
25.
26.
herein.
27.
28.
Defendants caused Rivers to endure pain and suffering, bodily injury, mental
anguish, emotional distress, embarrassment, shame, and humiliation.
WHEREFORE PREMISES CONSIDERED, Plaintiff prays that
Defendants be cited to appear and answer herein and upon final hearing hereof, be
granted Judgment against the Defendants for the damages described above in an
amount in excess of the jurisdictional requirements of this Honorable Court; costs
of Court; prejudgment interest; post-judgment interest; attorney fees; legal fees;
compensatory damages; and all other relief to which Plaintiff may show herself
justly entitled.
Respectfully submitted,
/s/D. Brett Turnbull
D. Brett Turnbull (ASB-2569-d43t)
Attorney for Plaintiff
Cory Watson Attorneys
2131 Magnolia Avenue S, Suite 200
Birmingham, Alabama 35205
Telephone: (205) 328-2200
Facsimile: (205) 324-7896
E-Mail: bturnbull@corywatson.com
/s/Tyrell F. Jordan
Tyrell F. Jordan (ASB-7256-r81j)
Attorney for Plaintiff
60 Chelsea Corners, #124
Chelsea, Alabama 35043
Telephone: (205) 561-0024
Facsimile: (205) 561-0023
E-Mail: tfj@tfjlaw.com
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