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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

CHANA WILEY, as Personal :

Representative for Jaron Ben-Rasu Thomas :

and Administratrix of his Estate, :

c/o Walton + Brown, LLP. :

395 E. Broad St. Suite 200 :

Columbus, Ohio 43215, :

: Civil Action No.

and :

:

Plaintiff, :

:

v. : COMPLAINT

:

CITY OF COLUMBUS, OHIO, :

c/o City Attorney :

77 N. Front St. :

Columbus, OH 43215, : JUDGE

:

and : MAGISTRATE JUDGE

:

DARREN STEPHENS, in both his :

individual and official capacities, :

c/o City of Columbus, Division of Police :

120 Marconi Blvd. :

Columbus, OH 43215, :

:

and :

:

CHASE PINKERMAN, in both his :

individual and official capacities, :

c/o City of Columbus, Division of Police :

120 Marconi Blvd. :

Columbus, OH 43215, :

:

and :

:

MICHAEL ALEXANDER, in both his :

individual and official capacities, :

City of Columbus, Division of Police :

120 Marconi Blvd. :

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Columbus, OH 43215, :

:

and :

:

JOHN OR MARY DOE, in both his or her :

individual and official capacities, :

City of Columbus, Division of Police :

120 Marconi Blvd. :

Columbus, OH 43215, :

: JURY DEMAND ENDORSED HEREON

Defendants. :

I. Preliminary Statement

1. In bringing civil rights, wrongful death, survivor, and loss of consortium claims, 

Plaintiff seeks declaratory, injunctive, and monetary relief for the violations of the Fourth 

Amendment right of Jaron Ben-Rasu Thomas to be free from excessive use of force and his 

common-law right to be free from reckless conduct directly and proximately causing his pain, 

emotional distress, and death when, on January 14, 2017, Defendant Police Officers and City 

employees, who were inadequately trained and supervised by Defendant City of Columbus, Ohio

in handling individuals suffering from a mental health crisis and/or excited delirium syndrome, 

responded to his 911 call for emergency assistance due to his ingestion of cocaine and 

hallucinations and, in response to him rolling around and contorting his body, decided to 

handcuff him and punch, body slam, knee, choke-hold, and hobble strap him into submission 

which caused him to lose consciousness and subsequently caused his death nine days later. 

II. Jurisdiction

2. This Court has jurisdiction over this action by virtue of 28 U.S.C. §§ 1331 

(federal question); 1343 (civil rights); and 1367 (supplemental jurisdiction).

3. Declaratory, equitable, and injunctive relief is sought pursuant to 28 U.S.C. §§ 

2201; 2202 and 42 U.S.C. § 1983.

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4. Compensatory and, against Defendant Police Officers and City employees,

punitive damages may be awarded under 42 U.S.C. § 1983 and the common law of the State of 

Ohio.

5. Costs and attorneys’ fees may be awarded pursuant to 42 U.S.C. § 1988; Fed. R. 

Civ. P. 54; and the common law of the State of Ohio.

6. Venue lies in this forum pursuant to 28 U.S.C. § 1391(b) and S.D. Civ. R. 82.1 

because the events or omissions giving rise to the claims occurred in Franklin County, Ohio.

III. Parties

7. Plaintiff Chana Wiley is both the personal representative appointed by the 

Franklin County Probate Court for Jaron Ben-Rasu Thomas, bringing a survival action on his 

behalf, and the administratix of his estate, bringing this action for the benefit of his next-of-kin 

and heirs.

8. Defendant City of Columbus, Ohio is a political subdivision of the State of Ohio 

pursuant to Chapter 2744, Ohio Revised Code, and, at all times material to this action, employed 

Defendant Police Officers at its Department of Public Safety in its Division of Police; established 

the municipal policies governing their conduct as police officers; mandated their training in those 

policies; supervised their conduct to ensure it was consistent with those policies and their 

training; and was a “person” under 42 U.S.C. §1983 and acted under color of law.

9. Defendant Darren Stephens, who is being sued in both his individual and official 

capacities, is a Police Officer employed by Defendant City of Columbus, Ohio; was, at all times

material to this action, a “person” under 42 U.S.C. §1983 and acted under color of law; was taller 

and heavier than Mr. Thomas; and is Caucasian.

10. Defendant Chase Pinkerman, who is being sued in both his individual and official 

capacities, is a Police Officer employed by Defendant City of Columbus, Ohio; was, at all times

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material to this action, a “person” under 42 U.S.C. §1983 and acted under color of law; was taller 

and heavier than Mr. Thomas; and is Caucasian.

11. Defendant Michael Alexander, who is being sued in both his individual and 

official capacities, is a Police Officer employed by Defendant City of Columbus, Ohio; was, at 

all times material to this action, a “person” under 42 U.S.C. §1983 and acted under color of law; 

was taller and heavier than Mr. Thomas; and is Caucasian.

12. Defendants John or Mary Doe are police officers, 9-1-1 operators, dispatchers, 

and others whose identity is not currently known; is being sued in both his or her individual and 

official capacities, is an employee of the Defendant City of Columbus, Ohio; was, at all times 

material to this action, a ‘person’ under 42 U.S.C. §1983 and acted under color of law.

IV. Facts

13. Jaron Ben-Rasu Thomas died at the age of 36 years old, leaving behind three 

minor children -- Alina Roberts, Katherine Thomas, and Kai Thomas – and a host of extended 

family and friends throughout Columbus, Ohio.

14. Mr. Thomas attended Eastmoor High School, was a member of Mt. Vernon 

African Methodist Episcopal Church, and at all times material to this action, was a resident of 

Columbus.

15. Mr. Thomas was a gifted hip-hop lyricist, a partner in 7th Sign Regime Record 

Label, and had worked closely with renown rapper Bizzy Bone (Bryon Anthony McCane II)

during his time with 7th Sign Regime.

16. Mr. Thomas had been diagnosed with and was being treated with prescription 

medications and counseled for schizophrenia, manifest by hallucinations he experienced, and he 

was also battling abuse of cocaine.

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17. On January 14, 2017, Mr. Thomas, an African-American, was 5’9” in height and 

approximately 195 pounds in weight.

18. Near midnight on Saturday, January 14, 2017, Mr. Thomas called 911 to seek 

emergency assistance.

19. Mr. Thomas had been told by mental health professionals treating or counseling 

him about his schizophrenia to dial 911 for emergency assistance whenever he needed it.

20. Before January 14, 2017, Mr. Thomas had called 911 for emergency assistance 

and received it without incident, including on December 3, 2015, when police officers 

transported him to Netcare, a mental health and substance abuse intervention center, because he 

was not feeling well and hearing voices.

21. On January 14, 2017, in a calm and polite voice Mr. Thomas explained to the 911 

operator, “I keep hearing these voices,” admitted that he had recently used cocaine and his heart 

was pounding, and said he needed an ambulance and would never use cocaine again.

22. In his conversation with the 911 operator, Mr. Thomas said, “I feel like I'm going 

to get shot. And I'm really paranoid because I was high. And it feels like I'm going to die or 

something.”

23. When questioned by the 911 operator, he stated that he felt like he was 

overdosing, that something was going to happen, that it was scaring him, and that his heart was 

pounding.

24. When connected to a dispatcher, he relayed that he felt like he was going to be 

shot, that he was really paranoid, and that he felt like he was going to have a heart attack. He 

follows these statements by saying “I love you” to someone. 

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25. When Mr. Thomas apparently believed the call had been disconnected, he 

proceeded to speak to himself and/or someone else in the background, believed to be his brother,

Josiah Thomas. In the conversation, which lasted approximately two minutes, he calmly 

apologized and reiterated that he will never do cocaine again. He informed Josiah that he would 

head outside for a few. He explained to Josiah that it was “real scary right now” because it felt 

like when he called they were not listening to him. The call included a prolonged period of 

silence before concluding.

26. The 911 operator sent police officers to a residence at 3271 Medina Avenue in 

Columbus.

27. The 911 operator communicated to the police officers sent to that residence the 

gist of Mr. Thomas’ call, including his hallucinations, recent use of cocaine, paranoia, and that 

he thought that he might be overdosing.

28. Several police officers, ultimately resulting in approximately a dozen officers, 

responded.

29. When the first police officer, Defendant Police Officer Pinkerman, arrived, he 

reported hearing “numerous loud noises against the walls and screaming that appeared to be the 

sounds of a struggle.” 

30. Defendant Police Officer Pinkerman also reported hearing “what sounded like at 

least one individual falling down from the second story of the residence and continue falling 

down a set of stairs.” 

31. Defendant Police Officer Pinkerman reported that Mr. Thomas then opened the 

residence door, ran outside, and fell down into the front yard.

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32. Defendant Police Officer Pinkerman reported that he gave “loud verbal 

commands” for Mr. Thomas to cease running and to remain on the ground; however, Mr. 

Thomas continued running toward Medina Ave until he fell down in the front yard again.

33. Defendant Police Officer Pinkerman reported that Mr. Thomas then began 

“violently rolling around and sporadically contorting his body.”

34. Defendant Police Officer Pinkerman reported that Mr. Thomas continued rolling, 

got up again, and ran to the middle of the street.

35. Defendant Police Officer Pinkerman reported that he then placed Mr. Thomas on 

the ground and loudly commanded him to put his arms behind his back.

36. Defendant Police Officer Pinkerman reported that Mr. Thomas again did not 

comply; however, he was able to place a handcuff on his left wrist.

37. Defendant Police Officer Stephens then arrived on the scene and reported that, as 

he approached, he had observed Defendant Police Officer Pinkerman struggling with Mr. 

Thomas in the middle of the road on Medina Ave.

38. Defendant Police Officer Stephens reported that he observed Defendant Officer 

Pinkerman giving Mr. Thomas loud verbal commands to place his hands behind his back. As he 

ran up to Mr. Thomas, he saw that Defendant Police Officer Pinkerman had Mr. Thomas’ left 

hand handcuffed. 

39. Defendant Police Officer Stephens reported that Mr. Thomas was aggressively 

attempting to pull his left arm/wrist away from Defendant Police Officer Pinkerman and that he 

grasped hold of Mr. Thomas’ right wrist to place his right arm/wrist behind his back. 

40. Defendant Police Officers reported that Mr. Thomas was moving his hand around 

underneath his body as if he was reaching or attempting to find something. 

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41. Defendant Police Officers reported that after giving loud, verbal commands to 

Mr. Thomas to pull his hand out from under his person, and in fear that Mr. Thomas was trying 

to reach a weapon, Officer Stephens struck Mr. Thomas with a closed fist to the right side of his 

face.

42. Defendant Police Officers further reported that, when Mr. Thomas continued to 

disobey the orders to present his wrist to be handcuffed and resisted, Officer Stephens struck him 

a second time with a closed fist to the right side of his face.

43. Both Defendant Police Officers Pinkerman and Stephens were bent down 

wrestling with Mr. Thomas, when Officer Stephens then placed his left knee on Mr. Thomas’ 

right shoulder.

44. Defendant Police Officer Pinkerman then delivered a right-knee strike to Mr. 

Thomas’ right side, which allowed Defendant Police Officer Stephens to remove Mr. Thomas’ 

right arm from under his body.

45. Defendant Police Officer Michael Alexander then arrived on the scene and 

assisted Officers Stephens and Pinkerman in handcuffing Mr. Thomas.

46. Defendant Police Officers reported that, while handcuffed and held by two 

officers, Mr. Thomas became combative, they placed him on the ground, and Officer Michael

Alexander secured a hobble strap, which they placed on Mr. Thomas.

47. The hobble strap bound Mr. Thomas’s feet together and was attached to his 

handcuffs.

48. There were no residents or neighbors nearby or within harm’s way of Mr. Thomas 

while he was convulsing and behaving in the manner in which the officers described.

49. Mr. Thomas was unarmed.

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50. Defendant Police Officers had no reason to suspect that Mr. Thomas was armed 

and concocted a fear that he was armed and might be reaching for a weapon while his right arm 

was pinned underneath his body.

51. Mr. Thomas lacked access to anything that could be used as a weapon and was 

completely restrained by Defendant Police Officers.

52. Defendant Police Officers knew that Mr. Thomas lacked access to anything that 

could be used as a weapon.

53. The police officers who responded were not in any danger of serious bodily harm 

or injury from Mr. Thomas.

54. Defendant Police Officers knew that they were not in any danger of serious bodily 

harm or injury from Mr. Thomas.

55. Mr. Thomas had not destroyed any property on the evening of January 14, 2017.

56. Defendant Police Offices were unaware of any property destruction committed by 

Mr. Thomas.

57. Mr. Thomas had called 911 from the location he was visiting, accurately gave the 

address of that residence, and posed no significant risk of flight from Defendant Police Officers.

58. Defendant Police Officers knew that Mr. Thomas had called 911 from the 

location he was visiting, accurately gave the address of that residence, and posed no significant 

risk of flight from them.

59. Defendant Police Officers responded to Mr. Thomas’ 911 call without planning to 

arrest him for possession and/or use of cocaine.

60. Mr. Thomas was never charged with possession and/or use of cocaine.

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61. Defendant Police Officers did not consider Mr. Thomas a criminal suspect when 

they responded to his 911 call.

62. In responding to Mr. Thomas’ 911 call, Defendant Police Officers considered him 

an individual who may have accidentally harmed himself by ingesting cocaine and intended to 

provide emergency assistance rather than enforce criminal laws on possession and/or use of 

cocaine.

63. Rather than recognize that Mr. Thomas was suffering excited delirium syndrome 

and in dire need of emergency medical care, Defendant Officer Pinkerman shouted at him to put 

his hands behind his back to be handcuffed and Defendant Officer Stephens shouted that same 

order.

64. This police response aggravated Mr. Thomas’ symptoms of cocaine use and

schizophrenia, and he was unable to comply as quickly as surrounding police officers wanted 

him to.

65. Mr. Thomas was passively noncompliant and, contrary to the report by Defendant 

Police Officers Pinkerman and Stephens, did not actively resist the order to put his hands behind 

his back.

66. Without warning and contrary to the report by Defendant Police Officers 

Pinkerman and Stephens, they immediately pummeled Mr. Thomas, hitting him on the right side 

of his face, body slamming him, choke-holding him, and kneeing him on his right side and 

shoulder, until he was handcuffed and then applied a hobble strap to him.

67. A few moments later, Mr. Thomas lost consciousness. 

68. Paramedics, who were called by Defendant Police Officers after they pummeled 

Mr. Thomas, hitting him on the right side of his face, body slamming him, choke-holding him, 

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and kneeing him on his right side and shoulder, until he was handcuffed and then applied an 

hobble strap to him, administered Narcan, but Mr. Thomas’ heart stopped in the ambulance on 

the way to the hospital.

69. Chest compressions got Mr. Thomas’s heart going.

70. On January 23, 2017, surrounded by his family, Mr. Thomas died after nine days 

of treatment in the OhioHealth Riverside Methodist Hospital.

71. When he arrived at the Hospital, Mr. Thomas was suffering from severe brain 

damage, head and body contusions, a blood clot near his sternum, a fracture of his right humeral 

head, several broken ribs, and other injuries.

72. Mr. Thomas’s ingestion of cocaine did not kill him.

73. The Franklin County Ohio Coroner’s Report designated the cause of Mr. Thomas’ 

death to be anoxic encephalopathy as a consequence of cardiac arrest as a consequence of 

cocaine induced delirium, characterized that death as an accident, and attributed his injury to 

cocaine toxicity with features of excited delirium.

74. The autopsy conducted by the Franklin County Ohio Coroner’s Office occurred 

on January 24, 2017.

75. In its Findings and Diagnoses, the Franklin County Ohio Coroner’s Report listed 

under cocaine induced delirium: the presence of cocaine metabolites in Mr. Thomas’ blood; 

reported auditory hallucinations; reported multiple falls; reported physical altercation with law 

enforcement; and reported cardiac arrest within ambulance.

76. In its Findings and Diagnoses, the Franklin County Ohio Coroner’s Report listed 

as recent blunt force injuries of the head: several scabs on the left side of the forehead; aged 

periorbital ecchymosis of the right eye; and two dried subgaleal hemorrhages on the right side.

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77. In its Findings and Diagnoses, the Franklin County Ohio Coroner’s Report listed 

as recent blunt force injuries of torso: bilateral aged ecchymoses of the torso; right-sided rib 

fractures – ribs 8-10; and CT documented right 12th rib fracture.

78. In its Findings and Diagnoses, the Franklin County Ohio Coroner’s Report also 

listed scattered aged ecchymoses and scabs of the upper extremities; aged ecchymoses and scabs 

of the right and left knees; cerebral edema; myocardial bridging of the proximal segment of the 

left anterior descending coronary artery; pulmonary edema, congestion, and atelectasis. 

79. The Narcan administered by the paramedics was a nasal spray that is the only 

FDA-approved nasal form of naloxone for emergency treatment of known or suspected opioid 

overdose.

80. Narcan is an effective drug that reverses opioid overdoses.

81. Cocaine is a stimulant which is widely being used in combination with opioids.

82. Prior to January 14, 2017, Defendants knew that cocaine was a stimulant widely 

used in combination with opioids.

83. Studies involving thousands of patients and over decades have demonstrated the 

efficacy of Narcan and its primary ingredient, naloxone.

84. Paramedics operating in the City of Columbus rely on Narcan to reverse opioid 

overdoses.

85. Paramedics operating in the City of Columbus use Narcan when presented with an 

individual who has ingested cocaine.

86. The experience of Paramedics operating in the City of Columbus is that Narcan 

has been effective in reversing opioid overdoses and mitigating adverse effects from cocaine 

ingestion.

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87. Based on the timeline beginning approximately 30 minutes before Mr. Thomas’ 

911 call and proceeding through when Narcan was administered to him, the Narcan would 

effectively have mitigated the adverse effects of his cocaine use.

88. The paramedics who administered the Narcan to Mr. Thomas followed the 

instructions provided in administering Narcan and did so properly.

89. The Narcan administered by the paramedics to Mr. Thomas had been safely 

stored, its tamper-proof wrapping had been undisturbed, and there was no reason to suspect that 

it had been diluted, misbranded, or was otherwise different from other Narcan sprays.

90. Mr. Thomas died due to excited delirium syndrome which, in response to the use 

of excessive force by police officers, pumped so much adrenalin into his body that it functioned 

as the equivalent of a heart attack or respiratory failure.

91. Excited delirium syndrome is often associated with use of drugs and 

schizophrenia.

92. Individuals suffering from excited delirium syndrome typically exhibit bizarre 

behavior, hyperactivity, and confusion.

93. The use of cocaine causes the heart to beat faster, impairs breathing, and 

decreases the body’s production of oxygen.

94. The use of excessive force aggravates excited delirium syndrome by further 

decreasing the body’s production of oxygen.

95. Individuals suffering from excited delirium syndrome become so overwrought 

from the use of excessive force that their body overdoses them with adrenalin.

96. While some excessive force may not be fatal to an average person, an individual 

suffering from excited delirium syndrome is vulnerable to death from such force.

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97. Defendant City of Columbus, Ohio knew, before January 14, 2017, that its police 

officers regularly dealt with individuals who had abused drugs and were under the influence 

when the officers dealt with them.

98. Defendant City of Columbus, Ohio knew, before January 14, 2017, that 

individuals who had abused drugs with whom its police officers regularly dealt while the 

individuals were under the influence often had severe mental health problems.

99. Defendant City of Columbus, Ohio created a Crisis Intervention Team to deal 

with mentally ill individuals.

100. Defendant City of Columbus, Ohio explained in its Crisis Intervention Team and 

Guidelines for Dealing with Mentally Ill Individuals that the characteristics of potential mental 

illness include unusual or bizarre behavior, confused or nonsensical verbal communication, 

hostility toward and distrust of others; unreasonable/abnormal fears; irrational lack of 

cooperation; and being influenced by a hallucination.

101. In his 911 call and his behavior witnessed by Defendant Police Officers, Mr. 

Thomas exhibited such characteristics.

102. Defendant City of Columbus, Ohio directed in its Crisis Intervention Team and 

Guidelines for Dealing with Mentally Ill Individuals that police officers avoid overreacting; 

move slowly if possible; be friendly, patient, accepting, and encouraging, but remain firm; 

recognize that the person may be overwhelmed by sensations, thoughts, frightening beliefs, 

sounds (voices), or the environment; be aware that the uniform, gun, handcuffs, and baton may 

frighten the person with a mental illness, so reassure the person that no harm is intended; and 

recognize and acknowledge that a person’s delusionary or hallucinatory experience is real to 

him/her.

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103. Defendant City of Columbus, Ohio listed in its Crisis Intervention Team and 

Guidelines for Dealing with Mentally Ill Individuals what police officers should not do: move 

suddenly, give rapid orders, or shout unless absolutely necessary; touch the individual unless 

absolutely necessary; crowd the individual; and express anger, impatience, or irritation.

104. Defendant Police Officers did not comply with the Crisis Intervention Team and 

Guidelines for Dealing with Mentally Ill Individuals policy in the way they dealt with Mr. 

Thomas.

105. Defendant City of Columbus, Ohio trained its police officers to secure a Crisis 

Intervention Team when dealing with mentally ill individuals.

106. Defendant City of Columbus, Ohio had a policy that its police officers secure a 

Crisis Intervention Team when dealing with mentally ill individuals.

107. Defendant Police Officers had received the training and knew about the policy of 

securing a Crisis Intervention Team when dealing with mentally ill individuals.

108. Before ordering Mr. Thomas to put his hands behind his back to be handcuffed 

Defendant Police Officers did not attempt to secure a Crisis Intervention Team.

109. Before pummeling Mr. Thomas, hitting him on the right side of his face, body 

slamming him, choke-holding him, and kneeing him on his right side and his shoulder, until he 

was handcuffed and then applying a hobble strap to him, Defendant Police Officers did not 

attempt to secure a Crisis Intervention Team.

110. Defendant Police Officers had no reason to believe that a Crisis Intervention 

Team would be unavailable had they attempted to secure one before ordering Mr. Thomas to put 

his hands behind his back to be handcuffed.

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111. Defendant Police Officers had no reason to believe that a Crisis Intervention 

Team would be unavailable had they attempted to secure one before pummeling Mr. Thomas, 

hitting him on the right side of his face, body slamming him, choke-holding him, and kneeing 

him on his right side and his shoulder, until he was handcuffed and then applying a hobble strap 

to him. 

112. Defendant City of Columbus, Ohio trained its police officers to call paramedics or 

other emergency medical assistance whenever they dealt with an individual who appeared to be 

suffering from a health crisis, including drug overdose.

113. Defendant City of Columbus, Ohio adopted a policy that its police officers secure 

paramedics or other emergency medical assistance whenever they dealt with an individual who 

appeared to be suffering from a health crisis, including drug overdose.

114. Defendant Police Officers had received the training and knew about the policy of 

securing paramedics or other emergency medical assistance whenever they dealt with an 

individual who appeared to be suffering from a health crisis, including drug overdose.

115. Before ordering Mr. Thomas to put his hands behind his back to be handcuffed 

Defendant Police Officers did not attempt to secure paramedics or other emergency medical 

assistance.

116. Before pummeling Mr. Thomas, hitting him on the right side of his face, body 

slamming him, choke-holding him, and kneeing him on his right side and his shoulder, until he 

was handcuffed and then applying a hobble strap to him, Defendant Police Officers did not 

attempt to secure paramedics or other emergency medical assistance.

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117. Defendant Police Officers had no reason to believe that paramedics or other 

emergency medical assistance would be unavailable had they attempted to secure them or 

assistance before ordering Mr. Thomas to put his hands behind his back to be handcuffed.

118. Defendant Police Officers had no reason to believe that paramedics or other 

emergency medical assistance would be unavailable had they attempted to secure one before 

pummeling Mr. Thomas, hitting him on the right side of his face, body slamming him, chokeholding him, and kneeing him on his right side and his shoulder, until he was handcuffed and 

then had a hobble strap applied to him. 

119. Defendant City of Columbus, Ohio failed to train its police officers in recognizing 

excited delirium syndrome.

120. Defendant City of Columbus, Ohio failed to train its police officers in how to 

safely interact with, rather than aggravate, individuals suffering from excited delirium syndrome.

121. Defendant City of Columbus, Ohio failed to adopt a policy addressing how its 

police officers should safely interact with, rather than aggravate, individuals suffering from 

excited delirium syndrome. 

122. Defendant City of Columbus, Ohio trained its police officers in using deescalation tactics for safely interacting with individuals who appeared to be mentally ill but 

neither described excited delirium syndrome nor trained them about it.

123. Defendant City of Columbus, Ohio failed to supervise its police officers after 

their training to ensure that they used de-escalation tactics for safely interacting with individuals 

who appeared to have excited delirium syndrome.

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124. Defendant City of Columbus, Ohio adopted a policy that police officers should 

use de-escalation tactics for safely interacting with individuals who appeared to be mentally ill 

but neither described excited delirium syndrome nor covered it in the policy.

125. Defendant City of Columbus, Ohio knew that its police officers deviated from its 

policy on the use of de-escalation tactics for safely interacting with individuals who appeared to 

have excited delirium syndrome.

126. Defendant City of Columbus, Ohio failed to supervise its police officers so that 

they implemented in practice its policy on paper regarding the use of de-escalation tactics for 

safely interacting with individuals who appeared to be mentally ill.

127. As a direct and proximate result of the failure of Defendant Police Officers to be 

trained in how to safely interact with, rather than aggravate, individuals suffering from excited 

delirium syndrome and the absence of a Defendant City of Columbus, Ohio policy on such 

interaction, Defendant Police Officers caused Mr. Thomas’ injuries and death.

128. Defendant Police Officers knew or, unless deliberately indifferent and reckless, 

should have known that Mr. Thomas was too impaired on the evening of January 14, 2017, and 

in the early morning hours of January 15, 2017, to comply as quickly as they wanted him to with 

an order to put his hands behind his back to be handcuffed.

129. Defendant Police Officers knew or, unless deliberately indifferent and reckless, 

should have known that using excessive force on Mr. Thomas would inflict injuries and likely be 

fatal in light of his condition.

130. Defendant Police Officers knew or, unless deliberately indifferent and reckless, 

should have known that Mr. Thomas was exhibiting the symptoms of excited delirium syndrome, 

including his 911 call about hallucinations and ingestion of cocaine.

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131. At no time material to this action did Defendant Police Officers ever doubt that 

Mr. Thomas was suffering from a mental illness.

132. At no time material to this action did Defendant Police Officers ever doubt that 

Mr. Thomas had ingested cocaine and was having an adverse reaction to the cocaine.

133. Defendant Police Officers did not consult with either mental health professionals 

or drug treatment providers or counselors before physically forcing Mr. Thomas to submit to 

being handcuffed and then hobbled. 

134. Defendant Police Officers did not consider whether Mr. Thomas was capable of 

submitting to being handcuffed or, instead, his reaction to the combination of ingesting cocaine 

and mental illness rendered him incapable of so submitting.

135. Had Defendant City of Columbus, Ohio trained its police officers in recognizing 

excited delirium syndrome and how to safely interact with, rather than aggravate, individuals

suffering from excited delirium syndrome and supervised them to ensure that they implemented 

their training, Mr. Thomas would not have suffered injuries and died.

136. Had Defendant City of Columbus, Ohio adopted a policy on recognizing excited 

delirium syndrome and how to safely interact with, rather than aggravate, individuals suffering 

from excited delirium syndrome and supervised its police officers to ensure that they 

implemented that policy, Mr. Thomas would not have suffered injuries and died.

137. Defendant City of Columbus, Ohio knew before January 14, 2017, that 

individuals with whom its police officers dealt had suffered injuries and fatal or near-fatal 

experiences in circumstances indicating that excited delirium syndrome had been involved.

138. It was readily foreseeable to Defendant City of Columbus, Ohio before January 

14, 2017, that, unless it provided training, adopted a policy, and effectively supervised police 

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officers to ensure that they were implementing training and a policy on recognizing excited 

delirium syndrome and how to safely interact with, rather than aggravate, individuals suffering 

from excited delirium syndrome, individuals with whom its police officers dealt would suffer 

injuries and have fatal or near-fatal experiences in circumstances indicating that excited delirium 

syndrome had been involved.

139. As a direct and proximate result of Defendants’ actions and inactions, Mr. 

Thomas suffered emotional distress, pain, death, and the loss of future earnings.

140. As a direct and proximate result of Mr. Thomas’ wrongful death, his survivors 

and heirs have suffered permanent damages, including but not limited to grief, depression, and 

severe emotional distress; loss of his support services and society, including loss of 

companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, 

training and education as well as the loss of prospective inheritance; and the expenses of funeral 

bills and medical treatment.

141. As a direct and proximate result of Mr. Thomas’s wrongful death, his minor 

children suffered loss of consortium, including but not limited to the services, love, and affection 

of their father.

V. Claims for Relief

A. First Cause of Action: Violation of the Fourth and Fourteenth Amendments

142. Paragraphs 1 through 141 above are realleged and incorporated herein. 

143. By using an objectively unreasonable amount of force in light of the facts and 

under the circumstances, Defendant Police Officers violated Mr. Thomas’ rights under the 

Fourth and Fourteenth Amendments.

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144. By failing to adopt policies, provide training, and/or effectively supervise 

implementation of those policies or training to avoid the use of an objectively unreasonable 

amount of force in light of the facts and under the circumstances, Defendant City of Columbus, 

Ohio violated Mr. Thomas’s rights under the Fourth and Fourteenth Amendments.

B. Second Cause of Action: Wrongful Death 

145. Paragraphs 1 through 141 above are realleged and incorporated herein.

146. By their actions and inactions, Defendants caused Mr. Thomas’ wrongful death, 

resulting in damages recoverable under R.C. 2125.02. 

C. Third Cause of Action: Gross Negligence

147. Paragraphs 1 through 141 above are realleged and incorporated herein.

148. By their actions and inactions, Defendant Police Officers and other City 

employees were grossly negligent in their treatment of Mr. Thomas causing him injury and 

death.

D. Fourth Cause of Action: Loss of Consortium

149. Paragraphs 1 through 141 above are realleged and incorporated herein.

150. By their actions and inactions, Defendants caused Mr. Thomas’ minor children to 

suffer loss of consortium.

VI. Prayer for Relief

WHEREFORE, Plaintiffs pray that this Court: 

a. declare that Defendants City of Columbus, Ohio and Police Officers jointly and 

severally have violated Mr. Thomas’ civil rights, inflicting on him emotional distress, loss of 

consciousness, suffering and physical pain, and death, and, along with Defendants City 

employees, wrongfully caused his death and Defendants Police Officers and City employees

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have acted in a grossly negligent way that caused his emotional distress, loss of consciousness, 

suffering and physical pain, and death and his minor children’s loss of consortium; 

b. order such equitable relief as will make Plaintiffs and Mr. Thomas’ estate whole 

for Defendants’ unlawful conduct along with monetary relief of pre- and post-judgment interest; 

costs; and reasonable attorneys’ fees; 

c. enjoin Defendant City of Columbus, Ohio from operating its police division

without adequate training, supervision, or policies on recognizing excited delirium syndrome and 

how to safely interact with, rather than aggravate, individuals suffering from excited delirium 

syndrome; 

d. award to Plaintiffs compensatory damages against all Defendants in excess of 

$1,000,000, and punitive damages, against Defendant Police Officers, in excess of $1,000,000; 

and 

e. grant such other relief as the Court may deem appropriate. 

Respectfully Submitted,

/s/Sean L. Walton, Jr._

Sean L. Walton, Jr. (0088401)

swalton@waltonbrownlaw.com

Chanda L. Brown (0081076)

cbrown@waltonbrownlaw.com

Walton + Brown, LLP

395 E. Broad Street, Suite 200

Columbus, Ohio 43215

(614) 636-3476/Fax: (614) 636-3453

Attorneys for Plaintiff 

/s/John S. Marshall_

John S. Marshall (0015160)

jmarshall@marshallandmorrow.com

Edward R. Forman (0076651)

eforman@marshallandmorrow.com

Samuel M. Schlein (0092194)

sschlein@marshallandmorrow.com

Marshall and Morrow LLC.

250 Civic Center Dr., Suite 480

Columbus, OH 43215-5296

(614) 463-9790/Fax: (614) 463-9780

OF COUNSEL:

Louis A. Jacobs (002101)

LAJOhio@aol.com

177 19th St., Apt. 9C

Oakland, CA 94612

(614) 203-1255/Fax: (510) 250-9007

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JURY DEMAND

Plaintiffs request a trial by a jury of eight (8) persons.

By

Sean L. Walton (0088401)

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