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IN THE UNITED STATES DISTRICT COURT,

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

 

TAYLOR PARKER

 CASE NO.: 1:10-CV-00146 

 

 Plaintiff 

vs 

THE CITY OF GAINESVILLE, FLORIDA

a municipal corporation,

and OFFICER DAVID REVEILLE, 

in his individual capacity, 

 Defendants.

_________________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

The Plaintiff, TAYLOR PARKER, (“Plaintiff”) by and through her undersigned

counsel, sues Defendants, CITY OF GAINESVILLE, and OFFICER DAVID

REVEILLE of the Gainesville Police Department, and states:

CAUSE OF ACTION

1. This action is brought pursuant to 42 U.S.C. '' 1983 and 1988, the Fourth

and Fourteenth Amendments to the United States Constitution, ' 768.28 of the Florida

Statutes and for violation of the State of Florida Constitution, Article I, '' 2, 9 and 12.

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JURISDICTIONAL VENUE

2. This court has jurisdiction of this action under 42 U.S.C. ' 1983 and its

pendent jurisdiction for State law claims.

3. This is an action for damages in excess of $75,000, exclusive of interest,

costs and attorney’s fees. 

4. All actions took place within the Northern District of Florida and venue is

proper within the Northern District of Florida.

PARTIES

5. At all times material to this Complaint, TAYLOR PARKER was a

resident of Alachua County, State of Florida, and the United States of America,

6. At all times referenced herein, Officer DAVID REVEILLE was employed

as a police officer by the police department of Gainesville, Florida.

7. At all times material, the CITY OF GAINESVILLE was a municipal

corporation under the laws of the State of Florida and the United States of America. 

8. At the time of this incident complained herein, Norman Botsford was the

Police Chief for the City of Gainesville and he is succeeded in interest by Tony Jones as

Chief of Police. As such he was responsible for making policy for the police department

and ensuring the officers under his command, including Officer REVEILLE received

appropriate training, supervision, and conducted themselves properly.

9. The Plaintiff sues OFFICER REVEILLE in his individual capacity.

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10. At all times referenced herein, the Defendants were acting under the color

of the law, statute, ordinances, regulations, policies, customs, and usages of the United

States of America, State of Florida, and the City of Gainesville, Florida. 

GENERAL ALLEGATIONS

11. On September 13, 2007, the Plaintiff was arrested at her home on the

charge of driving while license suspended with knowledge and resisting arrest without

violence.

12. A full, fair and complete investigation shows that the Plaintiff did not

commit a crime and should not have been arrested. 

13. On the day OFFICER REVEILLE arrested Plaintiff, he claimed to be

responding to a noise complaint at her house. Plaintiff was not home and OFFICER

REVEILLE demanded that the occupants call Plaintiff and summon her to the house. 

When Plaintiff was contacted by phone, she returned to the house in her vehicle, with

friends. Plaintiff was in the front passenger seat. 

14. Defendant OFFICER REVEILLE threatened to arrest several of the

people at the house by saying “do you want to go to jail.”

15. Defendant OFFICER REVEILLE forced Plaintiff to perform field sobriety

exercises, though there was no allegation that she was intoxicated and there was

affirmative proof that she was not driving. 

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16. An in-car video of this date from OFFICER REVEILLE’s police car

documented this incident, would have exonerated Plaintiff, and documented OFFICER

REVEILLE’s misconduct.

17. This video would clearly show that the Plaintiff was not driving a vehicle

at any time prior to being arrested by OFFICER REVEILLE for driving

while license suspended.

18. GAINESVILLE POLICE DEPARTMENT has a flawed policy for

maintaining video evidence such that this video was mishandled and destroyed prior to

trial.

19. Despite the Plaintiff being innocent of any criminal activities, OFFICER

REVEILLE arrested Plaintiff and took her to jail.

20. No probable cause existed for OFFICER REVEILLE to arrest Plaintiff.

21. No arguable probable cause existed for OFFICER REVEILLE to arrest

Plaintiff.

22. OFFICER REVEILLE has had multiple allegations of prior misconduct as

an officer with GAINESVILLE POLICE DEPARTMENT which put the department on

notice of his aberrant and unlawful behavior.

23. Complaints to GAINESVILLE POLICE DEPARTMENT regarding

OFFICER REVEILLE were not properly investigated, in part because the Internal

Affairs division of the department was marginalized in the command structure and had its

own internal problems regarding unprofessional conduct.

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24. Under the tenure of former police chief Norman Botsford there existed a

lack of leadership and discipline at GAINESVILLE POLICE DEPARTMENT which

caused and contributed to a system that facilitated police abuse.

25. Under the tenure of former police chief Norman Botsford there existed an

institutional lack of training at GAINESVILLE POLICE DEPARTMENT that created an

atmosphere which facilitated police abuse and unprofessional conduct.

26. Unprofessional conduct was not properly documented, investigated, or

reviewed by GAINESVILLE POLICE DEPARTMENT due to their supervisory structure

which disassociated supervisors from patrol officers.

27. GAINESVILLE POLICE DEPARTMENT has a willfully indifferent

policy that limits investigations for repeat discipline of officers to violations they have

committed within two years and only for the same type of conduct.

28. GAINESVILLE POLICE DEPARTMENT administered discipline

unequally and unfairly, creating an environment where officers do not take rules and

regulations seriously.

COUNT I

VIOLATION OF CIVIL RIGHTS BY OFFICER REVEILLE 

29. The Plaintiff incorporates paragraph 1 through 28 above as if fully set

forth herein.

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30. The actions of OFFICER REVEILLE were taken with deliberate

indifference to Plaintiff’s rights and freedom in violation of the 4th and 14th Amendments

to the United States Constitution.

31. As a direct and proximate result of the false arrest and imprisonment of

the Plaintiff, without probable cause, committed by Defendant OFFICER REVEILLE

under the color of law and under his authority as an Officer for the Gainesville Police

Department, the Plaintiff suffered grievous bodily harm, was deprived of her freedom and

deprived of her right to be secure in her person against unreasonable seizures of her

person in violation of the Fourth and Fourteenth Amendments of the Constitution of the

Untied States.

32. Plaintiff hired an attorney to defend her in her prosecution in state court

and incurred costs in said defense.

33. As a direct and proximate result of the outrageous conduct of Defendant

OFFICER REVEILLE as set forth above, the Plaintiff suffered economic injuries, pain

and suffering, embarrassment, humiliation, and loss of the capacity for the enjoyment of

life.

WHEREFORE, Plaintiff, TAYLOR PARKER, respectfully requests judgment for

compensatory damages, punitive damages, cost of suit including the Plaintiff’s attorneys’

fees and for other such relief as the Court deems proper. 

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COUNT II

VIOLATION OF CIVIL RIGHTS AS TO GAINESVILLE POLICE DEPARTMENT

34. The Plaintiff incorporates paragraph 1 through 28 above as if fully set

forth herein.

35. As a direct and proximate result of the failure of the GAINESVILLE

POLICE DEPARTMENT, by and through Chief Norman Botsford, to institute policies,

training and procedures to ensure against the unlawful arrest of innocent persons, and

abuse of authority, GAINESVILLE POLICE DEPARTMENT caused or contributed to

the false arrest of the Plaintiff under the color of law and under its authority as a

municipality in and for the City of Gainesville, Florida. 

36. GAINESVILLE POLICE DEPARTMENT failed to supervise OFFICER

REVEILLE such that they allows him to commit crimes on duty as a police officer.

37. GAINESVILLE POLICE DEPARTMENT failed to fairly or adequately

investigate the numerous complaints against OFFICER REVEILLE prior to Plaintiff’s

arrest.

38. After this incident occurred, the GAINESVILLE POLICE

DEPARTMENT failed to conduct any competent investigation, failed to order remedial

training, failed to discipline, reprimand or take any corrective action and, therefore,

condoned and ratified the unlawful and outrageous actions of OFFICER REVEILLE.

39. The GAINESVILLE POLICE DEPARTMENT acted with deliberate

indifference in training, supervising, investigating misconduct, and discipline of police

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officers in the GAINESVILLE POLICE DEPARTMENT, including OFFICER

REVEILLE.

40. The Plaintiff has suffered grievous bodily harm and was deprived of her

right to be secure in her person and against unreasonable seizure of her person in

violation of the Fourth and Fourteenth Amendments of the United States Constitution. 

WHEREFORE, Plaintiff, TAYLOR PARKER, respectfully requests judgment for

compensatory damages, cost of suit including the Plaintiff’s attorneys’ fees and for other

such relief as the Court deems proper. 

COUNT III

STATE LAW CLAIM FOR FALSE ARREST

 AND FALSE IMPRISONMENT AGAINST GAINESVILLE POLICE DEPARTMENT

41. The Plaintiff incorporates paragraph 1 through 28 above as if fully set

forth herein.

42. The Plaintiff was falsely arrested without probable cause or arguable

probable cause.

43. The above-referenced false arrest caused by OFFICER REVEILLE

against Plaintiff occurred while acting in the course and scope of his employment as an

Officer for the Gainesville Police Department. 

44. Prior to the arrest, OFFICER REVEILLE of the Gainesville Police

Department engaged in a pattern of behavior that made it reasonably foreseeable that

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OFFICER REVEILLE would commit illegal acts by abusing his position of authority up

to and including arresting innocent persons.

45. Competent supervision and record keeping would have prevented

OFFICER REVEILLE’S illegal acts and caused evidence of such illegal acts to be

preserved. 

46. As a direct and proximate result of the false arrest, the Plaintiff has

suffered economic losses, pain and suffering, humiliation, and these damages will

continue into the future. 

WHEREFORE, Plaintiff, TAYLOR PARKER, respectfully requests judgment for

compensatory damages, cost of suit including the Plaintiff’s attorney’s fees in this case

and for other such relief as the Court deems proper. 

Dated this 27th day of July, 2010.

Respectfully Submitted,

LAW OFFICE OF RUSH & GLASSMAN

 /s/ ROBERT A. RUSH 

Robert A. Rush

Florida Bar No.: 0559512

Rush & Glassman

11 S.E. Second Avenue

Gainesville, FL 32601

Tel: (352) 373-7566

Fax: (352) 376-7760

Attorney for Plaintiff

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