WHEREFORE, for its State law claim, Plaintiff, Chelsea Kelly, as Personal Representative
of the Estate of Delano Smith, demands judgment against Defendants, Bruce Anglemyer, Norm
Friend, James Buchmann and Michael Price, in an amount that will reasonably compensate the
Estate for the injuries and damages sustained, the costs of this action, attorney fees and all other just
and proper relief in the premises.

COUNT III

17.  Theallegations contained in paragraphs 1 through 18 are incorporated herein as if set
forth again in full.

18. City of Elkhart failed to adequately train its police officers concerning the use of and
the risks associated with the Taser guns it has supplied its officers.

19. The need for adequate training on the proper use of Taser guns in light of the duties
assigned to police officers is so obvious that the city’s failure to ensure adequate training constitutes
a deliberate indifference to the health and safety of the citizens of Elkhart, such as Delano Smith,
who the officers are likely to encounter.

20.  Asadirect result of the Defendant, City of Elkhart’s deliberate indifference, Delano
Smith was denied his Fourth Amendment rights to be free from excessive force and unreasonable
seizure.

21. Delano Smith died as a direct result of Elkhart’s deliberate indifference.

WHEREFORE, Plaintiff, Chelsea Kelly, as Personal Representative of the Estate of Delano
Smith, demands judgment against the City of Elkhart in an amount that will reasonably compensate
him for his injuries and damages sustained, the costs of this action, attorney’s fees and all other just

and proper relief in the premises.


stream of commerce the ECD which were unreasonably dangerous for its reasonably foreseeable

35,...-As.a direct and proximate result of the lity, breach of duties of the

 Pelgadant, Taser Tntemnationall Tne. including bit Hot: limited to stsiet‘ability-and"breach of
warranty owed to the Plaintiff, Delano Smith suffered personal injuries and subsequently died.

36. Asa direct and proximate result of the carelessness and negligence of the

Defendant, Taser International, Inc., the Estate of. Delano Smith; has incurred hospital, doctor,
medical and funeral expenses for the decedent by reason of such wrongful death.

37.  Asadirect and proximate result of the carelessness and negligence of the Defendant,
Taser International, Jnc., Delano Smith’s family has lost his love and affection.

WHEREFORE, the Plaintiff, Chelsea Kelly, as Personal Representative of the Estate of
Delano Smith, requests judgment against the Defendant, Taser International, Inc., in an amount that
will reasonably compensate the Estate for the injuries and damages sustained by the injuries and
death of Delano Smith, for an award of compensatory and punitive damages, for the costs of this
action, attorney fees, and for.all other just.and proper ielief.

Respectfully submitted:
be LL

“Douslasd. ee oe

Attorney for Plaintiff.

PFEIFER, MORGAN & STESIAK

53600 North Ironwood Drive

South Bend, Indiana 46635
Telephone: (574) 272-2870



12. The officers’ use of their Taser guns as described herein was objectively
unreasonable and constituted deadly force, which was excessive under the circumstances and
resulted in Delano Smith’s death.

13. Defendants, Bruce Anglemyer, Norm Friend, James Buchmann and Michael Price,
separately and in concert, acted outside the scope of their jurisdiction and without authorization of
law and they, separately and in concert, acted willfully, knowingly and purposefully with specific
intent to deprive Plaintiffof his rights, and/or with reckless and callous disregard for Delano Smith’s
rights including rights of:

(A) freedom from illegal confinement and imprisonment;

(B) freedom from physical abuse, excessive force, coercion and intimidation; and

(C) timely and effective assistance that should have been afforded to Delano Smith.

WHEREFORE, the Plaintiff, Chelsea Kelly, as Personal Representative of the Estate of
Delano Smith, demands judgments against Defendants, Bruce Anglemyer, Norm Friend, James
Buchmann and Michael Price, separately in an amount that will reasonably compensate the Estate
for Delano Smith’s injuries and damages sustained, the costs of this action, punitive damages,
attorney’s fees and all other just and proper relief in the premises.

COUNT I

14. Paragraphs 1 through 14 of this Complaint are incorporated by reference as if
repeated herein.

15. Defendants, Bruce Anglemyer, Norm Friend, James Buchmann and Michael Price,
acts complained of herein constitute negligence under the laws of the State of Indiana.

16. Plaintiff filed a timely notice of tort claim, which was denied by the City of Elkhart.

4


22.  Inorder to redress these violations of Delano Smith’s civil rights, Plaintiffs’ counsel
has expended and will continue to expend substantial time in presenting this action.

23.  Inorder to redress these violations of Delano Smith’s civil rights, significant but
necessary costs have been and will continue to be incurred.

24. Reasonable attorneys' fees and costs are due and recoverable to Plaintiff under 42
U.S.C. Sec. 1988.

WHEREFORE, the Plaintiff, Chelsea Kelly, as Personal Representative of the Estate of
Delano Smith, requests that the Court award costs and attorneys' fees upon finding that Plaintiff is
a prevailing party at the conclusion of litigation.

COUNT IV

25.  Theallegations contained in paragraphs 1 through 25 are incorporated herein asifset
forth again in full.

26.  Atall times mentioned herein, the Defendant, Taser International, Inc. (hereinafter
“Taser”), was engaged in the business and profession of designing, manufacturing, selling,
distributing, installing, fabricating, assembling, buying, inspecting, testing, servicing, repairing,
marketing, warranting and advertising and placing into the stream of commerce Taser Electronic
Control Devices (“ECD”).

27. The ECD used to administer electrical ‘shocks to Delano Smith, as described in
previous counts, was manufactured by Taser.

28.  Atthe time Taser placed the ECD into the stream commerce, Taser knew or, in the
exercise of reasonable care should have known, that it would be used without inspection for defects
or dangers in their parts, mechanisms or design.

6


JURY DEMAND

Plaintiff, Chelsea Kelly, as Personal Representative of the Estate of Delano Smith, by

counsel, demands trial by jury.

Respectfully submitted:

L,

DouglaE. Sakaguclé(20352-71)
Attorney for Plaintiff

PFEIFER, MORGAN & STESIAK
53600 North Ironwood Drive
South Bend, Indiana 46635
Telephone: (574) 272-2870



STATE OF INDIANA )
} ss:
ELKHART COUNTY )

CHELSEA KELLY, as Personal Representative
of the ESTATE OF DELANO SMITH,

731 N. O'Brien Street,

South Bend, IN 46628,

Plaintiff,
v.

CITY OF ELKHART,

c/o Dick Moore, Mayor,
Municipal Building, 2" Floor,
229 South Second Street,
Elkhart, IN 46516,

and

c/o Vlado Vranjes, Corporation Counsel,
Municipal Building,

229 South Second Street,
Elkhart, IN 46516,

and

OFFICER BRUCE ANGLEMYER,
Elkhart Police Department,

175 Waterfall Drive,

Elkhart, IN 46516,

and

CORPORAL NORM FRIEND,
Elkhart Police Department,

175 Waterfall Drive,

Elkhart, IN 46516,

and

SERGEANT JAMES BUCHMANN,
Elkhart Police Department,

175 Waterfall Drive,

Elkhart, IN 46516,

and

OFFICER MICHAEL PRICE,
Elkhart Police Department,

175 Waterfall Drive,

Elkhart, IN 46516,

and

IN THE ELKHART CIRCUIT COURT

CAUSE NO: 20C01-1201-cT-_ 02S

FILED
JAN 06 2012

CLERK ELKH,
CIRCUIT COURT

SS SS See


29. Defendant, Taser International, Inc.’s product is unreasonably dangerous and
. defective for use on human beings because, among other reasons, it is sold without warning as to the
effects of multiple or prolonged use, the dangers of using on persons who have mental impairments
and may reasonably be on medications, and because there exists no adequate warnings as to what
should be done when a deployed ECD renders a person unconscious or unresponsive, or when it
results in respiratory arrest or other life-threatening conditions.

30. Defendant, Taser International, Inc., sold ECD’s to local law enforcement agencies
such as the governmental Defendants without adequate warnings of or training in its potential for
causing death and great bodily injury.

31. Taser International, Inc.’s ECD, which was used to administer electrical shocks to
Delano Smith, is a defective product under Ind. Code 34-20-4-1 because it is unreasonably
dangerous to the expected user or consumer when used in reasonably expected ways of handling or

consumption.

32, Taser International, Inc.’s ECD, which was used to administer electrical shocks to
Delano Smith, is a defective product under Ind. Code 34-20-4-2 because its seller has failed to label
the product to give reasonable warnings of danger about the product.

33. Taser International, Inc.’s wrongful acts or omissions with respect to their ECD used
to administer electrical shocks to Delano Smith contributed to the wrongful death of Delano Smith,
an “adult person” under Indiana’s wrongful death statutes Ind. Code 34-23-1-2(a).

34. Defendant, Taser International, Inc., is strictly liable to the Plaintiff for
designing, manufacturing, selling, distributing, installing, fabricating, assembling, buying,
inspecting, testing, servicing, repairing, marketing, warranting, advertising and placing into the

7


TASER INTERNATIONAL, INC.,
c/o CT Corporation System,

251 E. Ohio Street, Suite 1100,
Indianapolis, IN 46204,

wee EE

Defendants,

COMPLAINT FOR DAMAGES

Comes now the Plaintiff, Chelsea Kelly, as Personal Representative of the Estate of Delano
Smith, and for her claim for relief states:

lL. This is an action at law, in part, to redress the deprivation under color of statute,
ordinance, regulation, custom or usage of a right, privilege and immunity secured to Plaintiff by the
Fourth, Fifth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983
and 1988, and to seek compensation under the laws of the State of Indiana.

2. Delano Smith was at all material times a resident of Elkhart County, Indiana and a
citizen of the United States of America.

3. At material times, Defendants, Bruce Anglemyer, Norm Friend, James Buchmann
and Michael Price, were officers employed by the City of Elkhart’s Police Department.

4, Defendants, Bruce Anglemyer, Norm Friend, James Buchmann and Michael Price,
acted at material times under color of their official capacity as a law enforcement officers and as
persons for purposes of §1983 and their acts complained of were performed under color of state law.

5. The City of Elkhart is incorporated in the State of Indiana and provided Defendants,
Bruce Anglemyer, Norm Friend, James Buchmann and Michael Price, with official badges and
identification cards which designated and described them as officers of the Elkhart Police

Department.


6. Defendants, Bruce Anglemyer, Norm Friend, James Buchmann and Michael Price,
acted separately and in concert, under color and pretense of law, and engaged in the illegal conduct
mentioned herein, recklessly and with callous disregard for plaintiff's rights, causing death to Delano
Smith and depriving him of the rights, privileges and immunities secured to him by the Fourth, Fifth
and Fourteenth Amendments to the United States Constitution and by the laws of the United States,

COUNTI

7. On or about January 6, 2010, Defendants, Bruce Anglemyer, Norm Friend, James
Buchmann and Michael Price, were working as uniformed officers and responded to a call at Delano
Smith’s apartment, located at 123 West Hively Avenue, Apartment B 13, Elkhart, Indiana.

8. On or about January 6, 2010, Defendants, Bruce Anglemyer, Norm Friend, James
Buchmann and Michael Price, entered Mr. Smith’s apartment and observed him dousing his head
with water at the kitchen sink. The officers also observed a wound to Mr. Smith’s arm and broken

glass in the apartment.

9. Defendants, Bruce Anglemyer, Norm Friend, James Buchmann and Michael Price,
each deployed Taser guns and administered electric shock to Delano Smith. The officers continued
to shock Delano Smith after he was incapacitated and posed no threat to himself or others.

10.  Thecombined electrical shock from the officers’ multiple Taser guns caused Delano
Smith to die.

11. The officers acted recklessly and with complete disregard to the substantial risk of
death or serious bodily injury they inflicted upon Delano Smith by administering multiple electrical

shocks from multiple Taser guns to a single person.