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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JOSEPH FLANIGAN,

Plaintiff,

v. CASE NO.

HONORABLE:

COUNTY OF OAKLAND and

S. PANIN,

in his individual and official capacities,

Defendants.

CHRISTOPHER TRAINOR & ASSOCIATES

CHRISTOPHER J. TRAINOR (P42449)

AMY J. DEROUIN (P70514)

SHAWN C. CABOT (P64021)

Attorneys for Plaintiff

9750 Highland Road

White Lake, MI 48386

(248) 886-8650

(248) 698-3321-fax

shawn.cabot@cjtrainor.com

THERE IS NO OTHER PENDING OR RESOLVED CIVIL ACTION ARISING OUT OF THE TRANSACTION 

OR OCCURRENCE ALLEGED IN THE COMPLAINT

COMPLAINT AND JURY DEMAND

NOW COMES Plaintiff, JOSEPH FLANIGAN, by and through his 

attorneys, CHRISTOPHER TRAINOR & ASSOCIATES, and for his Complaint 

against the above-named Defendants states as follows:

1. Plaintiff is a resident of the City of Clarkston, County of Oakland, State of 

Michigan. 

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2. Defendant County of Oakland is a municipal corporation and 

governmental subdivision organized and existing under the laws of the 

State of Michigan.

3. Defendant S. Panin is and/or was a law enforcement officer employed by 

the Oakland County Sheriff’s Department and was acting under color of 

law, in his individual and official capacities, and within the course and 

scope of his employment at all times mentioned herein.

4. All relevant events giving rise to this lawsuit occurred in the City of the 

Village of Clarkston, County of Oakland, State of Michigan.

5. That this lawsuit arises out of Defendants’ violations of Plaintiff’s federal 

constitutional rights as secured by the Fourth and Fourteenth Amendments 

to the United States Constitution and consequently, Plaintiff has a viable 

claim for damages under 42 U.S.C. § 1983.

6. Jurisdiction is vested in this Court pursuant to 28 U.S.C. § 1331 [federal 

question], 28 U.S.C. § 1343 [civil rights].

7. That the amount in controversy exceeds Seventy-Five Thousand Dollars 

($75,000.00) not including interest, costs, and attorney fees.

FACTS

8. Plaintiff realleges and incorporates by reference each and every paragraph 

of this Complaint as though fully set forth herein.

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9. On July 21, 2013, Plaintiff was taking a walk around the City of the Village 

of Clarkston, minding his own business and waiting for his mother to pick 

him up.

10. While waiting for his mother, Defendant Panin began to approach the 

scene; however, Defendant Panin did not speak to Plaintiff nor did he issue 

any commands to Plaintiff.

11. Plaintiff proceeded to go away from the Defendant Panin. 

12. Defendant Panin proceeded to go after Plaintiff and tased Plaintiff multiple 

times without warning and without any lawful justification whatsoever. 

13. Without warning, Defendant Panin also proceeded to pepper spray after 

Plaintiff was handcuffed.

14. Once Plaintiff was handcuffed and on the ground, Defendant Panin

proceeded to punch Plaintiff in the head, thereby causing significant

injuries and damages.

15. Plaintiff was also so violently and forcefully kneed in the back, that he 

vomited.

16. Plaintiff was subsequently arrested and taken to the Oakland County Jail 

(“OCJ”). 

17. As a result of Defendants’ unlawful actions and/or inactions, Plaintiff 

suffered injuries and damages.

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COUNT I

VIOLATION OF THE FOURTH AMENDMENT

42 U.S.C. § 1983 EXCESSIVE FORCE

18. Plaintiff realleges and incorporates by reference each and every paragraph 

of this Complaint as though fully set forth herein.

19. At all relevant times herein, Defendant Panin acted under color of law, 

within the scope and course of his employment, and in his official and 

individual capacities.

20. Defendant Panin violated Plaintiff’s clearly established and federally 

protected rights as set forth under the United States Constitution and the 

Amendments thereto, including, but not limited to, the Fourth Amendment 

of the United States Constitution to be free from unreasonable searches 

and seizures mainly to be free from excessive use of force, when he

employed unnecessary and unreasonable excessive force which resulted in 

significant injuries to Plaintiff.

21. The actions of Defendant Panin were at all times objectively unreasonable 

and in violation of Plaintiff’s clearly established rights under the Fourth 

Amendment to the United States Constitution which proximately resulted 

in significant injuries to Plaintiff.

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22. Defendant Panin is not entitled to qualified immunity because he violated 

Plaintiff’s clearly established Fourth Amendment right to be free from 

excessive use of force. 

23. As a proximate result of the violations and/or deprivations of Plaintiff’s 

constitutional rights by Defendant Panin, Plaintiff has a viable claim for 

compensatory and punitive damages pursuant to 42 U.S.C. § 1983 together 

with costs, interests, and attorney fees as set forth in 42 U.S.C. § 1988.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court 

enter an award in his favor and against Defendants in an amount in excess of 

Seventy-Five Thousand Dollars ($75,000.00) exclusive of interest, costs, and 

attorney fees.

COUNT II

COUNTY OF OAKLAND’S CONSTITUTIONAL VIOLATIONS

24. Plaintiff realleges and incorporates by reference each and every paragraph 

of this Complaint as though fully set forth herein.

25. That the Fourth Amendment prohibition against unreasonable searches and 

seizures forbids police officers from imposing excessive physical force

against citizens. 

26. Defendant County of Oakland permitted customs, practices, and/or 

policies which resulted in the violations of Plaintiff’s constitutional rights 

complained of herein.

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27. These customs, practices, and/or policies included, but were not limited to, 

the following:

a. Failing to adequately train and/or supervise its police officers so as 

to prevent violations of citizens’ constitutional rights;

b. Failing to adequately train and/or supervise police officers regarding 

the proper use of force;

c. Failing to adequately supervise, review, and/or discipline police 

officers whom Defendant County of Oakland knew or should have 

known were violating or were prone to violate citizens’ 

constitutional rights, thereby permitting and/or encouraging its 

police officers to engage in illegal conduct; and

d. Failing to adequately train and/or supervise its police officers in the 

proper policies and procedures for effectuating an arrest without the 

use of excessive force. 

28. Defendants’ conduct was so reckless so as to demonstrate a substantial lack 

of concern for whether an injury resulted.

29. Defendants’ acts and/or indifference and/or omissions were the direct and 

proximate cause of Plaintiff’s injuries.

30. The facts as set forth in the preceding paragraphs constitute a violation of 

Plaintiff’s Fourth Amendment rights and pursuant to 42 U.S.C. § 1983, 

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Plaintiff has a viable claim for compensatory damages, costs, and attorney 

fees as set forth in 42 U.S.C. § 1988.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court 

enter an award in his favor and against Defendants in an amount in excess of 

Seventy-Five Thousand Dollars ($75,000.00) exclusive of costs, interest, and 

attorney fees.

Respectfully Submitted,

CHRISTOPHER TRAINOR & ASSOCIATES

BY: /s/ Shawn C. Cabot_______

CHRISTOPHER J. TRAINOR (P42449)

AMY J. DEROUIN (P70514)

SHAWN C. CABOT (P64021)

Attorneys for Plaintiff

9750 Highland Road

White Lake, MI 48386

(248) 886-8650

shawn.cabot@cjtrainor.com

Dated: July 13, 2015

AJD/ssm/scc

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JOSEPH FLANIGAN,

Plaintiff,

v. CASE NO.

HONORABLE:

COUNTY OF OAKLAND and

S. PANIN,

in his individual and official capacities,

Defendants.

CHRISTOPHER TRAINOR & ASSOCIATES

CHRISTOPHER J. TRAINOR (P42449)

AMY J. DEROUIN (P70514)

SHAWN C. CABOT (P64021)

Attorneys for Plaintiff

9750 Highland Road

White Lake, MI 48386

(248) 886-8650

(248) 698-3321-fax

shawn.cabot@cjtrainor.com

DEMAND FOR TRIAL BY JURY

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NOW COMES Plaintiff, JOSEPH FLANIGAN, by and through his 

attorneys, CHRISTOPHER TRAINOR & ASSOCIATES, and hereby makes a 

Demand for Trial by Jury in the above-captioned matter.

Respectfully Submitted,

CHRISTOPHER TRAINOR & ASSOCIATES

BY: /s/ Shawn C. Cabot_______

CHRISTOPHER J. TRAINOR (P42449)

AMY J. DEROUIN (P70514)

SHAWN C. CABOT (P64021)

Attorneys for Plaintiff

9750 Highland Road

White Lake, MI 48386

(248) 886-8650

shawn.cabot@cjtrainor.com

Dated: July 13, 2015

AJD/ssm/scc

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