Professional Documents
Culture Documents
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UNITED STATES DISTRICT COURT
7 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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ESTATE OF WANGSHENG LENG, by No. 19-490
and through administrator, LIPING
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YANG,
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Plaintiffs,
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v.
13 JURY TRIAL DEMANDED
THE CITY OF ISSAQUAH,
14 ISSAQUAH POLICE OFFICER M.
LUNCHT #1201, and ISSAQUAH
15 POLICE OFFICER KYLEN
WHITTOM #1210,
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Defendants.
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COMPLAINT
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Plaintiffs, ESTATE OF WANGSHEN LENG, by and through
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administrator LIPING YANG, and LIPING YANG in her own personal
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capacity, complain of Defendants THE CITY OF ISSAQUAH, ISSAQUAH
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POLICE OFFICER M. LUNCHT #1201, and ISSAQUAH POLICE OFFICER
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K. WHITTOM, #1210, as follows:
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Complaint – Page 1 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 2 of 20
1 Introduction
3 was taken from him due to the excessive use of force of two Issaquah Police
4 Department officers—Defendant M. Luncht #1201, and Defendant Kellyn
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Whittom #1210 (the “Defendant Officers”).
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2. Despite the fact that he was a slight, elderly man with an obvious
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inability to communicate with them, despite the fact that no crime had occurred,
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and despite the fact that there was no reasonable basis for believing a crime had
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happened, the Defendant Officers rushed into Mr. Leng’s apartment to unlawfully
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seize him within in his own home.
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3. In so doing, and though no amount of force was justified, among
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other injuries, the Defendant Officers broke Mr. Leng’s cervical spine, causing him
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to go limp. Despite the eventual medical treatment Mr. Leng received, he was
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unable to overcome the injuries unconscionably inflicted on him by the Defendant
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Officers in violation of his rights, and died as a result of the Defendant Officers’
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17 egregious conduct. .
18 4. Coming near the door of his own apartment and speaking a language
19 they did not understand was all it took for Defendants Luncht and Whittom
21 5. Given the flagrancy of the Defendant Officers’ conduct and the fact
22 that the City of Issaquah has approved of their actions, is plain that the Issaquah
23 Police Department failed to adequately train, supervise, and discipline its officers
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Complaint – Page 2 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 3 of 20
1 and further that the City ratified their actions. As a result, the City of Issaquah is
3 6. Nothing can bring Mr. Leng back to his loving family, friends, and
4 community. This action, brought under the United States Constitution, the
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Constitution of the State of Washington, and other Washignton law nonetheless
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seeks some measure justice for the wrongful, unjustified actions of the Defendant
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Officers and the City of Issaquah.
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JURISDICTION AND VENUE
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7. This Court has jurisdiction under 28 U.S.C. § 1331.
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8. Venue is proper under 28 U.S.C. § 1391(b). The events giving rise to
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the claims asserted herein all occurred within this district, and, upon information
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and belief, all of the parties reside in King County.
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PARTIES
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9. The Estate of Wangsheng Leng represents the property and legal
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interests of decedent Wangsheng Leng.
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10. Liping Yang, loved her husband dearly, and enjoyed the life they
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shared together for decades of marriage. Mrs. Yang is the widow of Wangsheng
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Leng and court-appointed administrator of his Estate.
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21 that operates the Issaquah Police Department (the “IPD” or “Department”), which
22 in turn sets city-wide policy for the conduct of police officers employed by the
23 Department.
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Complaint – Page 3 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 4 of 20
2 “Defendant Officers”) are sworn IPD police officers who, at all times relevant to
3 this action, were acting under color of law and within the scope of their
4 employment as a Issaquah police officers.
5 FACTUAL ALLEGATIONS
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13. Wangsheng Leng and Mrs. Yang were married in 1978, and
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had been happily married for thirty years.
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14. To be closer to Mrs. Yang’s family residing in Washington, Mr.
9 Leng and his wife moved from China to Issaquah in 2010 as they began the
10 first stages of retirement.
11 15. Issaquah is home to a vibrant Chinese community,
12 particularly downtown where there is a community center, library, and
13 other civic places of gathering.
14 16. As a result, the City of Issaquah understands that many of its
15 citizens are native Chinese speakers and host programs and posts signs in
16 Chinese to reflect this demographic fact. Issaquah Police Department
17 officers also know that they will frequently encounter civilians who are
18 unable to speak fluent—or any—English.
19 17. On August 5, 2018, Wangsheng Leng and Plaintiff Yang
20 proceeded through their day like they had many others. They prepared food
21 and went for a lengthy walk in the neighborhood, enjoying the warm
22 weather summer in the Northwest in the shadow of Issaquah’s Squak
23 Mountain.
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Complaint – Page 4 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 5 of 20
1 18. That afternoon, Mr. Leng and Mrs. Yang were at their
2 apartment in Issaquah.
3 19. Mr. Leng and Mrs. Yang responded to a knock at the door of
4 their apartment.
9 other things, the Defendant Officers were told that the occupants of the
13 23. When the officers arrived they did not hear any shouting,
15 24. Nor did the Defendant Officers speak with the 911 caller.
16 25. Meanwhile, Mr. Leng and Mrs. Yang were quietly spending
17 time at home. They had no idea the police had been called, or that the police
19 26. Mr. Leng and Mrs. Yang are native Chinese speakers and do
21 27. The Defendant Officers knocked on the door, which Mrs. Yang
22 opened.
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Complaint – Page 5 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 6 of 20
2 they could not communicate with Mrs. Yang, owing to the difference in
3 language.
4 29. When Mr. Leng later entered their view, it was obvious that
6 30. The Defendant Officers also observed that Mr. Leng was much
7 shorter than them, that he was elderly, and knew that he was Chinese of
12 32. Doing so was unjustified; Mr. Leng had not committed any
14 apartment while speaking his native language, which the officers did not
15 understand.
16 33. The Defendant Officers did not have an arrest warrant, search
17 warrant, or any independent lawful basis for entering the home or for
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Complaint – Page 6 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 7 of 20
4 Officers did Mr. Leng pose any sort of threat to the officers or his wife or
7 44. Defendant Officers’ use of excessive force did more than cause
8 Mr. Leng to go “limp” for a few moments. Indeed, as medical testing would
9 later confirm, the Defendant Officers’ use of force against Mr. Leng broke
10 his neck, compressed his spine, and irretrievably damaged his cervical
11 spine.
15 46. It was obvious that Mr. Leng suffered a significant injury, due
16 to the Defendant Officers’ actions in throwing him to the couch and seizing
17 him.
19 emergency medical help from other Issaquah first responders. Even then,
21 48. The Defendant Officers knew that had made a huge mistake.
22 Rather than admit it, they tried to cover it up. For example, after the
23 incident, the Defendant Officers wrote sworn police reports about the
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Complaint – Page 8 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 9 of 20
1 incident that included either false statements and/or others that were
4 seem as if there was a justification for the seizure and use of force, even
6 49. Shockingly, and untruthfully, one report claims there were “no
10 bad that Mr. Leng had to have surgery in an attempt to repair or at least
12 51. At the time of the surgery, the outlook was bleak: at best Mr.
15 hypotension.
16 52. Mr. Leng could also expect to suffer from other health
19 53. Mr. Leng suffered greatly during this period of time—in the
20 days after the Defendant Officer’s unlawful use of force, and after his
21 surgery.
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Complaint – Page 9 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 10 of 20
1 54. Mrs. Yang suffered dearly as well, seeing her husband of more
14 anything wrong.
15 59. In the aftermath, however, the City did not repudiate the Officers; it
16 ratified their conduct. Among other things, the City’s supervisors approved of the
17 Defendant Officers’ conduct and did not scrutinize their actions whatsoever.
18 60. The Defendant Officers are newer members of the department, and
19 were trained by the Issaquah police department in how to engage people at their
3 62. The City of Issaquah found no problems with the use of force or the
4 false arrest of Mr. Leng in this case, including no departures from training.
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63. The Defendant Officers were not reprimanded or disciplined in any
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way for their interactions with Mr. Leng or Mrs. Yang.
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64. The Defendant Officers felt justified to rush into the home and arrest
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and throw down an elderly man because they knew that they would not receive
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any meaningful discipline for so doing, a fact that proved true.
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65. Upon information and belief, the Defendant Officers knew that IPD
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officers who have been accused of using excessive force are not disciplined.
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66. As a result of the foregoing, the City of Issaquah’s policies, practices,
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and customs were the moving force behind the treatment of Mr. Leng by the
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Defendant Officers.
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16 Plaintiffs’ Damages
18 during the period of time after which he was seized and before he ultimately
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passed away. Mr. Leng suffered through the agony of a spinal cord fracture, the
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pain of a surgery to attempt to repair his spinal cord injury and untold pain over
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the days that followed before he ultimately succumbed to the officer-inflicted
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injuries and died.
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Complaint – Page 11 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 12 of 20
2 opportunity to live the remainder of his life with the woman he truly loved, Li
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Complaint – Page 12 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 13 of 20
2 the policies, practices, and customs of the City of Issaquah, such that the City can
20 obviously deficient here and included a “gap” in policy that would have been
21 obvious to create, given the frequency with which patrol officers encounter
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citizens who do not speak fluent English but of which IPD officers will later
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react.
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Complaint – Page 13 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 14 of 20
1 75. As a result of the City of Issaquah’s policies and practices, and the
3 injuries, including pain, suffering, emotional distress, death, and a host of other
4 harms.
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Count II – Fourth Amendment Unlawful Seizure
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76. Each of the Paragraphs of this Complaint is incorporated as if fully
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stated herein.
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77. In the manner described in this Complaint, the Defendant Officers
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violated Mr. Leng’s constitutional rights, causing him damage by unlawfully
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seizing him in the absence of probable cause, without a warrant, or any other
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lawful justification in violation of the Fourth and Fourteenth Amendments to the
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United States Constitution.
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78. The misconduct described in this Count caused Wangsheng Leng
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18 the policies, practices, and customs of the City of Issaquah, such that the City can
21 actions, has ratified their conduct by indicating that the Defendant Officers
22 acted pursuant to the polices, customs, and practices of the Department
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Complaint – Page 14 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 15 of 20
2 encourages, and is thereby the moving force behind, the very type of
15 obvious to create, given the frequency with which patrol officers encounter
16 citizens who do not speak fluent English but of which IPD officers will later
17 react.
18 80. As a result of the City of Issaquah’s policies and practices, and the
20 injuries, including pain, suffering, emotional distress, death, and a host of other
21 harms.
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Complaint – Page 15 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 16 of 20
7 83. In using force against Mr. Leng, the Defendant Officers intended to
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86. Each of the Paragraphs of this Complaint is incorporated as if fully
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stated herein.
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87. All Defendants are liable for damages arising from the Defendant
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Officers’ unlawful conduct that caused Mr. Leng’s death in that Mr. Leng’s injuries
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and death were caused by the Defendant Officers’ wrongful acts, neglect,
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carelessness, unskillfulness, or default while the Defendant Officers were was
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acting as agents of the City of Issaquah.
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Complaint – Page 16 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 17 of 20
2 a substantial factor in bringing about Wangsheng Leng’s death, and without those
17 emotional distress in that Mr. Leng’s injuries were caused by the Defendant
21 a substantial factor in bringing about the injuries described in this Count, and
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95. Each of the Paragraphs of this Complaint is incorporated as if fully
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stated herein.
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96. In the manner described more fully above, the Defendant Officers
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violated Article I, Section 7of the Constitution of the State of Washington.
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97. The conduct described in this Count caused both Mr. Leng and Mrs.
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Yang damages, and was further taken willfully or with reckless indifference to the
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rights of others.
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18 herein.
20 Defendant Officers acted at all relevant times within the scope of their
4 herein.
6 Defendant Officers acted at all relevant times within the scope of their
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WHEREFORE, Plaintiffs respectfully requests that this Court enter
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judgment in her favor and against Defendants the CITY OF ISSAQUAH,
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ISSAQUAH POLICE OFFICER M. LUNCHT #1201, and ISSAQUAH POLICE
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OFFICER K. WHITTOM, #1210a, award compensatory damages and attorneys’
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fees, as well as punitive damages against ISSAQUAH POLICE OFFICERS M.
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LUNCHT #1201 K. WHITTOM, #1210, and any other relief this Court deems just
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17 and appropriate, including but not limited to equitable and/or injunctive relief.
18 Plaintiffs prays that should a judgment be entered against the City of Issaquah on
19 the federal claims above that injunctive relief be entered so that the policies,
20 practices, and customs of the Department that led to the tragic death of Mr. Leng
21 can be reformed and, hopefully, prevent further damage to the community in the
22 future.
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Complaint – Page 19 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900
Case 2:19-cv-00490-TSZ Document 1 Filed 04/03/19 Page 20 of 20
1 JURY DEMAND
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RESPECTFULLY SUBMITTED,
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s/David B. Owens
One of Plaintiffs’ Attorneys
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LOEVY & LOEVY
9 David B. Owens, WSBA #53856
311 N. Aberdeen St., 3rd Fl.
Chicago, IL 60607
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O: 312.243.5900
david@loevy.com
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Attorneys for Plaintiffs
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Complaint – Page 20 LOEVY & LOEVY
Case No. 311 N. ABERDEEN STREET 3FL
CHICAGO, IL 60607
TELEPHONE: (312) 243-5900