Adams v. City of Hayward et al

Northern District of California, cand-4:2014-cv-05482

STIPULATION AND ORDER Permitting Filing of First Amended Complaint {{27}}. Signed by Judge Kandis A. Westmore on 04/21/15. (kawlc2S, COURT STAFF)

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1 Steven C. Finley CSB # 074391 HENNEFER, FINLEY & WOOD, LLP 2 11. Embarcadero West, Suite 140 Oakland CA 94607 3 | Telephone: (510) 444 0111 Faosimile: (415) 296 - 7111 Email: SFinleyefinleylaw. biz 5 Attorneys for plaintiff Terri Adams UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALI EORNIA OAKLAND DIVISION TERRI ADAMS Case No .: 0 - 14 - 5482 (KAN) HENNEFER, FINLEY & WOOD, LLP STIPULATION PERMITTING TILING OF FIRST AMENDED COMPLAINT 1 TE ATTORNEYS AT LAW VS 1. CITY OF HAYWARD, a. Municipality, GALE EAKIN, a Police Officer, ANTWAN NGUYÉN, a Police Officer, Officer TINA. MILLS, a Community Services: | officer, and JONATHAN COLTON, la Community Services Officer Defendants. Pius RAMMA STIPULATION - C - 14 - 5482 (KAW) 1 By and through their attorneys of record in this action, the. parties do hereby STIPULATE to the filing of a First Amended t MY W. Complaint by plaintiff in the form attached hereto as Exhibit A. A700 gre ! f. TO MDR HENNEFER FINLEY & WOOD LLP By Hem Fals YU. WWWWW Steven c. Finley Esq. Attorneys for plaintiff Terri Adams HENNEFER, FINLEY & WOOD, LLP ATTORNEYS AT LAW DATED: APRIL 20, 2015 11 ' OFFICE OF THE CITY ATTORNEY CITY OF HAYWARD. . 1. TS DISTRY:; TRICIAN motllanton. . . . AVU IF STATES Justin Nishioka Esq. UNITED T COURT Deputy City Attorney Attorneys for de fendants GRANTED Tandes Westmore ORNIA Judge Kandis Westmore NORTHLY CALIFORE HERN DIS wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww www wwwwwwwwwwwwwwwwwwwwww Y O ' Y. 11 1. AN - T ' IoT 14 - 548 IKAW) 12 UTILI 1 EXHIBIT A 1 P1 MA Steven C. Finley CSB # 074391 HENNEFER, FINLEY & WOOD, LLP 11 Embarcadero West, Suite 140 Oakland CA 94607 Telephone: (510) 444 0111 Facsimile: (415) 296 - 7111 Email: SFinley @ finleylaw. biz NA Attorneys for plaintiff Terri Adams t F f f r i UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION | TERRI ADAMS Case No .: C - 14 - 5482 (KAW) HENNEFER, FINLEY & WOOD, LLP Plaintiff, f ATTORNEYS AT LAW FIRST AMENDED COMPLAINT FOR VIOLATION OF CIVIL RIGHTS, PERSONAL INJURIES AND DAMAGES (Excessive Force by Police Officers) VS, CITY OF HAYWARD, a Municipality, GALE EAKIN, a Police Officer, ANTWAN NGUYEN, a Police Officer, Officer TINA MILLS, a Community Services Officer, and JONATHAN COLTON, a Community Services Officer a Demand for Jury Trial no T Defendants. Plaintiff, by and through her attorneys, alleges: f I. JURISDICTION 1. This is a civil rights action arising from defendants ' unreasonable seizure and use of excessive force against plaintiff 11 Ule se f on November 30, 2013 in the City of Hayward, Alameda County me - 1 - FIRST AMENDED COMPLAINT - C - 14 - 5482 (KAW) 1 California. This action is brought pursuant to 42 USC ' 111983 and لسم " SI 1988, and the Fourth and Fourteenth Amendments to the United States Constitution. Jurisdiction is founded on 28 USC 111331 and 3 Lene 1343 (a) (3) and (4) and the aforementioned constitutional provisions. Plaintff further statutory invokes and the Cons t f supplemental jurisdiction of this court pursuant to 28 USC 91367 to hear and decide claims arising out of the same facts under state law, II. VENUE 2. All of the events complained of herein occurred in Alameda County and therefore this action is properly venued in the HENNEFER, FINLEY & WOOD, LLP Oakland division of the f United States District Court of ATTORNEYS AT LAW California pursuant to 28USC41391 (b) (2) . III. FACTS 3. Plaintiff is, and has at all material times been, a citizen f (1) en | and resident of Alameda County California. 4. Defendant City of Hayward is a California municipality and AVWAL - H 11 defendants Eakin, Nguyen, Mills and Colton are employed police or community service officers, acting within the course and scope of their agency and employment and pursuant to the City's policies ISU (/ . and procedures. 5. On November 29, 2013, plaintiff was stopped and arrested by al Hayward police on an outstanding traffic warrant. After spending the night in a cell, plaintiff complained of lower back pain due a Tel - 2 FIRST AMENDED COMPLAINT - C - 14 - 5482 (KAW) 1 www Ito a previous motor vehicle accident and requested medical attention and transport to hospital. 6. On the morning of November 30, Mor 2013, plaintiff was 3 was handcuffed and led to a police car by defendant Officers Eakin and Nguyen. 17. Officer Eakin was at that time the Jail Supervisor of the f was f City of Hayward, charged with ultimate responsibility for the safety, security and welfare of prisoners under the Hayward ers CF Police Department Policy Manual. 118. Officers Nguyen and Eakin directed plaintiff to get in the back of the police car. When plaintiff complained that her back HENNEFER, FINLEY & Wood, LLP ATTORNEYS AT LAW hurt too much to get into the car and asked for an ambulance, Officer Eakin pulled plaintiff down out of the car by her hair, f f) placed her on the ground, put her booted foot on her back, and kicked the side of her body, while Officer Nguyen ground her hand into the floor while she lay prone on the ground. Officer Eakin f i f subsequently filed a false report stating that plaintiff had asked to lay on the ground and that she (Eakin) had placed her foot on plaintiff to stabilize her. f 1 N 9. After the paramedics and ambulance arrived, plaintiff was a f was taken to the emergency department of St ., Rose Hospital where Officer Nguyen checked her in and provided St. Rose with the details of her admission. WITH - 3 FIRST AMENDED COMPLAINT - C - 14 - 5482 (KAW) 1 1 10. After plaintiff was released from St. Rose Hospital, she was f D Jas taken to Santa Rita jail by Officer Nguyen. At the Santa Rita. jalor 1, while plaintiff was speaking to jail personnel at the WITH counter, she was physically assaulted from behind by Officers Mills and Colton who forced plaintiff to the floor, dragged her along the floor and threw her into a confinement cell. . . Officers Mills and Colton then filed false reports stating that plaintiff had become aggressive and raised her arm towards f Owar Officer Mills. 12. . Plaintiff filed a claim with the City of Hayward ("the 14. mmmm City") on March 28, 2014 and requested retention and production HENNEFER, FINLEY & WOOD, LLP of the City's video tape which recorded the incident or at least ATTORNEYS AT LAW some part of the incident at the Hayward police station and the video of the above stated events which occurred at the Santa Rita jail. 13. On June 16, 2014 the city clerk mailed plaintiff a " Notice th I of Rejection of Claim. " and advised that plaintiff had 6 months Ito file a claim in court. 14. On October 1, 2014 the Records Administrator of the Hayward w2 4 Police Department advised plaintiff by letter NS that the surveillance video at the jail would not be disclosed " due to the fact that it would hinder the successful completion of the investigation or related investigation " and to check back after inve a a f Decemberl, 2014 " . . . when the investigation is expected to be - 4 FIRST AMENDED COMPLAINT - C - 14 - 5482 (KAW) 1. completed ", and that the video at the Santa Rita jail was owned 11 was owne U and controlled by the Alameda County Sheriff's Department. 15. On December 12, 2014 the city produced the video which 2 i depicts unreasonable and excessive force committed by defendants against plaintiff. f f The video may be viewed at control + . . http: / / upgrade - sf. com / finleydata / 97hs74hkuj4h7d90d / Screen % 2003 16 - 2015 % 2019 - 38 - 56. avi 16. As part of its Initial Disclosure on or about April 7, 2015 OSU 1 5 ti 11 the city produced a video of the assault on plaintiff by Officers f f 17 e H Mills and Colton. These videos may be viewed at control + ese S I View http: / / www. upgrade - sf. com / finleydata / kuewuv83kjbq23m6 / 6133 - 2. avi, HENNEFER, FINLEY & WOOD, LLP and ATTORNEYS AT LAW http: / / www. upgrade - sf. com / finlevdata / 7d98h4vsdn920w / 6133 - 3. avi. mattheYWYYYYYYYYYYYYYYYYYYYYYYYYYYY. Ihm www FIRST COUNT - VIOLATION OF CIVIL RIGHTS (42 USCI1983) 17. Plaintiff realleges and incorporates the allegations of paragraphs 1 through 16 above as though fully set forth herein. t 18. In doing the acts complained of above defendant Officers | Eakin, Nguyen, Mills and colton acted under color of law to deprive plaintiff of her constitutionally protected right to be free from the excessive and unreasonable use of force and the f f O t O I arbitrary and oppressive exercise of governmental power as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution. - 5 FIRST AMENDED COMPLAINT - C - 14 - 5482 (KAW) 1 119. Defendant City of Hayward is liable for the actions of officers Nguyen and Eakin, since Eakin was the Jail Supervisor charged with ultimate responsibility for prisoner safety and her actions constituted an act of governmental policy. The City of Hayward also has a custom or practice of filing false police reports and ratifying the abuse committed by its officers after S n CO t f a investigation. Upon information and belief, the City failed to properly train and / or supervise Officers Mills and Colton. As a proximate result of defendants conduct, plaintiff suffered injuries and damages according to proof. 20. Defendants acted maliciously, intentionally and HENNEFER, FINLEY & Wood, LLP oppressively in conscious disregard of plaintiff's rights, f 4H ATTORNEYS AT LAW entitling plaintiff to an award of punitive damages. SECOND COUNT - VIOLATION OF CIVIL RIGHTS (Cal Civil Code 152. 1 (b)) 21. Plaintiff realleges and incorporates the allegations of co paragraphs 1 through 20 above as though set out fully herein. 22. Defendants, acting under color of law, have interfered with and violated plaintiff's right to be free of unreasonable seizure and use of excessive force, guaranteed to her by both the California and United States Constitutions and are therefore ns liable to plaintiff for damages, both compensatory and punitive f under Civil Code 1152. 1 (b) and (h) and 3294. - 6 FIRST AMENDED COMPLAINT - C - 14 - 5482 (KAW) 1 THIRD COUNT - ASSAULT 23. Plaintiff realleges and incorporates the allegations of paragraphs 1 through 20 above as though set out fully herein. 24. Every person has the right of protection from bodily restraint or harm. California Civil Code 143. Additionally every person has the right to live without being put in fear of personal harm. Lowry v Standard Oil Co. of California 63 Cal. App 2d 1, 7 (1944) . | 25. On November 30, 2013 defendants demonstrated an unlawful ON intent to inflict or unlawfully allow the infliction of immediate injury on plaintiff. HA f HENNEFER, FINLEY & WOOD, LLP 26. Plaintiff was harmed or injured as a result of this ATTORNEYS AT LAW unlawful conduct on the part of defendants. FOURTH COUNT - BATTERY 27. Plaintiff realleges and incorporates the allegations of paragraphs 1 through 20 above as though fully set forth herein. 28. Defendants ' conduct constituted unreasonable and excessive CH un XO force which was harmful and offensive to plaintiff and would have been harmful and offensive to any reasonable person. WHEREFORE, plaintiff prays for damages against defendants as follows: 1. Damages for personal injuries, loss of income, humiliation, SC IC pain and suffering; Punitive damages; - 7 FIRST AMENDED COMPLAINT - C - 14 - 5482 (KAW) 1 3. Attorneys fees and costs; Such other damages and relief as the court may deem just and _ _ _ proper, DEMAND FOR JURY TRIAL: Plaintiff demands a jury for the trial of this action. f _ _ _ DATED: April 19, 2015 HENNEFER, FINLEY & WOOD, LLP · By: - Steven C. Finley, Esq. / HENNEFER, FINLEY & WOOD, LLP Attorneys For Plaintiff Terri ATTORNEYS AT LAW Adams FIRST AMENDED COMPLAINT - C - 14 - 5482 (KAW)