View the lawsuit filed by Stacy Brown against Calhoun Co. Sheriff Larry Amerson (Adobe Flash Player)[/list]
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FILED
2011 Apr-05 PM 01:29
U.S. DISTRICT COURT
N.D. OF ALABAMAIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHEASTERN DISTRICT OF ALABAMA
EASTERN DIVISION
J.B., a minor, who sues by and through his mother and next friend,
STACY BROWN,
Plaintiff,
v.
SHERIFF LARRY AMERSON, in his official and individual capacities, and
DEPUTY WARD, in his official and individual capacities,
Defendants.
JURY TRIAL DEMANDED[/list][/b]
COMPLAINTCOMES NOW Plaintiff, by and through his attorneys of record, and would show unto the Court as follows:
JURISDICTION and VENUE[/list]
1. Plaintiff files this Complaint and invokes the jurisdiction of this Court under and by virtue of the Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States, 42 U.S.C. § 1983, 42 U.S.C. § 1985, 42 U.S.C. § 1986, 42 U.S.C. § 1988, 28 U.S.C. § 1331, 28 U.S.C. § 1343, 28 U.S.C. § 2201, 28 U.S.C. § 2202, and the doctrine of supplemental jurisdiction to obtain declaratory relief, and compensatory and punitive damages. Defendants violated Plaintiff's rights as guaranteed by the Constitution of the United States and by Federal law.
2. The violations of Plaintiff's rights as alleged herein occurred in Calhoun County, Alabama, and were committed with the Eastern Division of the Northern District of the State of Alabama.
PARTIES[/list]
3. Plaintiff J.B. is a minor child, 14 years of age, and is and at all times material hereto was a citizen of the United States and the State of Alabama. He sues by and through his mother and next friend, Stacy Brown (hereinafter, "Brown").
4. Defendant Sheriff Larry Amerson (hereinafter, "Sheriff Amerson"), a better denomination of whom is presently unknown to Plaintiff, is a natural person believed to be over the age of 19 years, is or was at all times material hereto an agent, employee, officer or Sheriff of Calhoun County, Alabama, and is a person whose conduct proximately and directly harmed Plaintiff.
5. Defendant Deputy Ward (hereinafter, "Ward"), a better denomination of whom is presently unknown to Plaintiff, is a natural person believed to be over the age of 19 years, is or was at all times material hereto an employee, officer or agent of the Sheriff of Calhoun County, Alabama, and is a person whose conduct proximately and directly harmed Plaintiff.
NATURE OF PROCEEDINGS[/list]
6. This is a proceeding declaring the relative rights, responsibilities and liabilities of the parties, each to the other, and for compensatory and punitive damages for Plaintiff's suffering as a consequence of the wrongs alleged herein.
FACTS[/list]
7. Plaintiff expressly adopts as if fully set forth herein the allegations in the foregoing paragraphs.
8. After getting into some trouble at school, J.B. was voluntarily enrolled by his mother, Stacy Brown, in the Calhoun County Sheriff's Department's "scared straight" program for troubled teens.
9. On or about February 4, 2011, Ms. Brown dropped J.B. off for his first day of the community service program.
10. About two hours after getting to the Calhoun County Jail, J.B. and another child were taken on a tour of the facility. During the tour they walked by the laundry room and the three guards leading the tour told the children to stop.
11. The guards then spoke to the inmates and asked the inmates if they wanted some little boys in there with them. The inmates said, "yes". One of the inmates stated, while pointing at J.B., "I want that little black one right there."
12. J.B. then asked Officer Ward if he could leave that area. Ward then took J.B. down to the corner and told him to face the wall. J.B. turned toward the wall, while facing the wall, he turned his head and scratched his face. Officer Ward told him to turn his face back to the wall. J.B. said he turned back around, he says he had an itch on his face again and turned his head to scratched it. Officer Ward then said to J.B., "you are going to do what I tell you to do." Officer Ward threatened, "
I will slit your throat, cut your balls off, shove them down your throat, and stomp you until you bleed."
13. Officer Ward's leg was shaking because he was so angry. Officer Ward told J.B. to go to the front office and do push ups. J.B. was taken to the front office by another officer. Upon getting to the front office he was asked why he was sent there. J.B. told them (a woman and a man) what happened. J.B. sat there until lunch.
14. J.B. and the other child ate lunch and they took them on the rest of the tour where they spoke to an inmate named Douglas. While they were talking to Douglas, Officer Ward tapped J.B. on the shoulder and said, "If you tell on me again, see what happens." J.B. told him, "what you are going to put me up in the office again?"
15. Officer Ward stated "What are you going to do?" J.B. replied "I am going to call my momma." J.B. and Officer Ward exchanged words back and forth. Officer Ward said, "let's go call your mom."
16. They were walking in a corridor and when they got to a door, Officer Ward said to another officer, "do not let him out that door." Four officers (Names Unknown) then surrounded him and another officer (Name Unknown) said, "I just want some one to beat this nigger up."
17. J.B. then told the officer, "why don't you do it." That officer then took his belt and threw it to the side. He then got in J.B.'s face and started pushing him. J.B. squared his legs up to be able to handle the pushing without falling and when the officer tried to push him again he put his arms up in a cross like manner to protect himself and pushed back.
18. J.B. stated, "all of yall are dirty cops, and I am calling my mom and I am suing y'all." Officer Ward then said, "look here nigger, I do not give a damn if your mom is dirty." J.B. then stated, "hold on right there, before you say anything else, I do not give a damn who you are, if you say one more thing about my mom, we are gonna have a serious problem."
19. The officer said, "What? you gonna hit me in the face?" J.B. had his right fist balled up at his side and his face in his left hand. When J.B. moved his hand out of his face and looked up [at] the officer, the officer was already in his face. The officer said, "Do it and I will put you in there with Douglas."
20. J.B. began cussing at the officer. They handcuffed J.B. and put him in a room which he resisted after he was threatened with being locked up with an inmate. J.B. asked to call his mom. He was in the room for a long time, between one and two hours.
21. Sheriff Amerson came into the room. That is the point where the assault was captured on video. The video clearly shows Sheriff Amerson assaulting J.B., a 14 year old in handcuffs placed behind his back and shackles. Force may not be used gratuitously or as punishment. Any such use of force is unlawful.
22. Sheriff Amerson's attitude toward use of excessive violence is clear in the video as well. The Sheriff sat closely to the handcuffed and shackled 14 year old Plaintiff. The Sheriff sat relaxed, with his legs crossed toward the child, leaning toward him with his arm around him. The Sheriff obviously did not fear for his safety or for the safety of others.
23. At the time Sheriff Amerson grabbed him by the neck the first time to choke him, J.B. was turned and leaning away from the Sheriff in fear of what the Sheriff would do to him.
24. After the first round of choking, Sheriff Amerson continued to sit closely to J.B. with his arm around him. J.B. was very nervous and scared, while the Sheriff was very calm and deliberate before the video ensued. A short time later, a second assault on J.B. occurred.
25. J.B. was a child participating in a community service program for troubled teens, not an inmate, though such use of force against an inmate would be unlawful as well under the circumstances.
26. J.B. told Sheriff Amerson, "[y]ou are doing all this to me while I am locked up. I bet you will not take this off and go outside with me. You are sitting up here hitting me while I am chained up, why don't you take them off and let's go outside in the hall way and fight me like a man." Amerson unhooked him and while they were walking out the door, Amerson grabbed J.B. by his uniform. J.B. slipped away. When they got in the hallway, the Sheriff got in J.B.'s face.
27. The other officers surrounded and handcuffed J.B. They took him to another room, removed the handcuffs, and closed the door. Douglas, and two other inmates, were outside the door off to the side. When he saw the officer get his radio, believing that they were going to send the inmates in the room where he was, J.B. flipped the table, picked up the chair and began to hit the window.
28. After that an officer came in the room and removed the table and chairs. After they left, he began to pull the wires on the wall. Officers came back into the room and took J.B. back to the other room. J.B. waited there until he was transported to Juvenile Probation office.
29. J.B. was transported to the Coosa Valley Juvenile Detention Facility where officers there took pictures of J.B.'s injuries. The officers there also took J.B.'s complaint about his treatment at the Calhoun County Jail. His mother was also notified of the allegations against the Sheriff and Deputies, and of J.B.'s physical injuries.
30. Sheriff Amerson, in an effort to cover up his own misconduct, brought charges of criminal mischief and harassment against J.B.
31. While on the stand in juvenile court regarding the charges against J.B., the Sheriff falsified the facts about what happened to J.B. at the Calhoun County Jail.
32. On or about February 4, 2011, without warrant, probable cause, consent, or justification of any sort, Defendants Amerson and Ward, officers, agents, or employees of defendant City and officers, agents, or employees of the Sheriff of Calhoun County, believed to be sheriff and deputy sheriff, and acting within the line and scope of their authority and pursuant to the policy of the Sheriff respectively, assaulted and battered J.B.
33. J.B. suffered extensive physical injury, including, but not limited to, bruising around his neck and ears.
34. Any gratuitous act of violence on the part of law enforcement officials is never lawful and should never be tolerated. These officers have put on display their own disrespect for the law that they are sworn to enforce.
35. Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."
Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).
36. Any reasonable law enforcement officer knows or should know that repeated pushing, hitting, and choking a child who is secured and in handcuffs and shackles constitutes unreasonable and excessive force in violation of Plaintiff's rights under the Fourth Amendment to the United States Constitution.
37. It is clearly established that "[p]olice use of excessive force is a constitutional violation" under the Fourth Amendment.
McKinney v. DeKalb County 997 F.2d 1440, 1443 (11th Cir. 1993).
38. He was caused to suffer severe physical damage, apprehension, fear, and anxiety. He has suffered great and severe emotional distress and mental anguish which continues to this day.
39. The use of force by Defendants placed J.B. in imminent fear for his life.
40. The amount of force utilized was unreasonable and unrelated to any legitimate governmental purpose.
41. There existed no justification for the use of force by the Defendants.
42. J.B. was damaged in that he suffered physical pain and injury and great and severe emotional distress and mental anguish. He also suffered embarrassment, humiliation, loss of enjoyment of life.
43. Defendants, at all times material hereto, were acting under color of law.
CAUSES OF ACTION[/list]
44. As to each of the counts herein below set forth, Plaintiff expressly adopts as if fully set forth herein the allegations of the foregoing paragraphs.
COUNT I — EXCESSIVE FORCE[/list]
45. At all times material hereto, Defendants, or each or all of them, were acting as law enforcement officers pursuant to state statute and the ordinances, customs, and policies of Calhoun County.
46. Plaintiff had a right to be free from the use of excessive and unreasonable force.
47. It is apodictic that the use of
any force against a person who is handcuffed and secured is wrong and that any such force used is unreasonable and excessive.
48. The aforementioned rights were clearly established at the time of the conduct giving rise to the claims herein.
49. Any reasonable officer knows or should know that the aforementioned rights were clearly established at the time of the conduct giving rise to the claims herein.
50. Defendants, each or all of them, violated each of the rights set forth above by repeatedly pushing, hitting, and choking a 14 year old who was in handcuffs and shackles.
51. Defendants, each or all of them, used excessive and unreasonable force against Plaintiff as described above.
52. Plaintiff's rights under the Fourth Amendment were thus impermissibly abridged and violated.
53. Plaintiff was assaulted and battered, suffered serious physical damage as described above, and suffered great and severe emotional distress and mental anguish.
COUNT II — FAILURE TO PREVENT VIOLATION OF RIGHTS[/list]
54. At all times material hereto, Defendants, or each or all of them, were acting as law enforcement officers pursuant to state statute and the ordinances, customs, and policies of Calhoun County.
55. Plaintiff had a right to be free from the use of excessive and unreasonable force.
56. The Eleventh Circuit has stated that "[ i]t is not necessary that a police officer actually participate in the use of excessive force in order to be held liable under section 1983. Rather, an officer who is present at the scene and who fails to take reasonable steps to protect the victim of another officer's used of excessive force, can be held liable for his nonfeasance."
Fundiller v. City of Cooper City, 777 F. 2d 1436, 1441-42 (11th Cir.1985).
57. Each and every law enforcement officer at incident at the time and on the date in question had knowledge that Plaintiff's civil rights were being violated and had the power to prevent or aid in preventing the wrongful acts made the subject of the violations.
58. The individual Defendants who knew of the Defendants' wrongful conduct but failed or refused to prevent it or aid in preventing it are liable to the Plaintiff for the damages he suffered.
59. Plaintiff was damaged as otherwise described herein.
COUNT III — CONSPIRACY TO VIOLATE CIVIL RIGHTS[/list]
60. Pursuant to 42 U.S.C. § 1985(3), it is unlawful to enter into a conspiracy to deprive any person of the rights and privileges of a citizen.
61. The Fourth Amendment to the constitution secures to Plaintiff — and all citizens — the right to be free from the use of excessive and unreasonable force.
62. The aforementioned right was clearly established at the time of the conduct herein complained of.
63. Defendants, officers and deputies, acting in concert with each other, and each and all of them, confederated and conspired to deprive Plaintiff of the rights set forth above, in violation of 42 U.S.C. § 1985(3).
64. Defendants, officer and deputies, acting in concert with each other, and each and all of them, confederated and conspired to deprive Plaintiff of the rights set forth above, in violation of 42 U.S.C. § 1985(3).
65. Plaintiff has been damaged thereby as herein recited.
COUNT IV — 42 U.S.C. § 1983 — FOURTEENTH AMENDMENT[/list]
66. At all times material hereto, Defendants, or each or all of them, were acting as law enforcement officers pursuant to state statute and the ordinances, customs, and policies of Calhoun County.
67. Plaintiff had a protectable Fourteenth Amendment substantive due process right to bodily integrity as against government intrusion.
68. The aforementioned right was clearly established at the time of the conduct giving rise to the claims herein.
69. Any reasonable officer knows or should know that the aforementioned right was clearly established at the time of the conduct giving rise to the claims herein.
70. Defendants violated Plaintiff's Fourteenth Amendment substantive due process rights to bodily integrity when they repeatedly pushed, hit, and choked Plaintiff while he was restrained.
71. Defendants' conduct was facilitated by their position as State actors.
72. Plaintiff has been injured thereby.
COUNT V — DELIBERATE INDIFFERENCE[/list]
73. At all times relevant hereto, Sheriff Amerson was acting as the Sheriff of Calhoun County, Alabama, and pursuant to the ordinances, customs and policies of Calhoun County.
74. Sheriff Amerson's actions deprived Plaintiff of rights, privileges, or immunities secured by the Constitution or laws of the United States.
75. As stated hereinabove, Sheriff Amerson established and maintained a policy to employ deputies and set the standard and condoned the conduct by participating with, training/supervising, and by retaining officers who were so clearly guilty of misconduct.
76. More specifically, Sheriff Amerson intentionally sought out and employed deputies with the propensity for excessive violence.
77. Sheriff Amerson acted with deliberate indifference to the risk that a violation of Plaintiff's Fourth Amendment constitutional right to be free from excessive force would be abridged.
78. Moreover, Sheriff Amerson not only condoned the deputies' use of excessive violence but participated in the use of excessive violence himself.
79. In fact, as described herein, Plaintiff's Fourteenth Amendment right to be free from excessive force was vilolated as a direct result of Sheriff Amerson's policy to employ deputies prone to use excessive violence.
80. Any reasonable law enforcement officer knows or should know that deliberate indifference in the hiring and implementation of policies to employ deputies, as stated hereinabove, is violative of Plaintiff's federally protected rights.
81. Plaintiff has been damaged thereby, as set forth hereinabove.
PRAYER FOR RELIEF[/list]
WHEREFORE, THE PREMISES CONSIDERED, Plaintiff prays for relief as follows:
a) Enter a declaratory judgment that the policies and practices complained of herein are unlawful and violative of the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, as addressed by and through 42 USC.A §§ 1983, 1985, and 1986;
b) Grant Compensatory damages in favor of Plaintiff as against each Defendant of $500,000;
c) Grant Punitive damages to Plaintiff against each Defendant in the amount of $500,000;
d) Grant Plaintiff the cost of this action including reasonable attorneys' fees; and
e) Grant as to Plaintiff such other, further and different relief as this Court may deem just and proper, including all equitable relief, the awarding of which is within the jurisdiction of the Court.
RESPECTFULLY SUBMITTED on this the 5th day of April, 2011.
PLAINTIFF DEMANDS TRIAL BY JURY./s/ E. PeytonFaulkE. Peyton Faulk (FAU013)
/s/ Anthony B. BushAnthony B. Bush (BUS028)
Bush & Faulk, PLLCMontgomery, Alabama 36104
334-263-7733 (voice)
334-832-4390 (fax)
[email protected]Attorneys for Plaintiff[/list][/list]
CERTIFICATE OF SERVICE[/list]
I hereby certify that on the 5th day of April, 2011, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following parties or counsel:
Unknown
/s/ E. Peyton FaulkOf Counsel
/s/ Anthony B. BushOf Counsel[/list][/list]
