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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

THOMAS FRANK OWEN,

Plaintiff,

Vs. Case No: 10-286

DAVID MORGAN, Sheriff

of Escambia County, Florida;

Deputy Sheriff JOHN MATTHEW WATKINS,

#292; and other yet to be identified 

Escambia County Deputy Sheriffs,

 Defendants.

___________________________________/

COMPLAINT

Plaintiff, THOMAS FRANK OWEN, by and through his 

undersigned counsel, sues Defendants, DAVID MORGAN, Sheriff of 

Escambia County in his official capacity, and Deputy Sheriff JOHN 

MATTHEW WATKINS, in both his individual and official capacities, 

and alleges as follows:

PARTIES

1. This is a civil action seeking damages against Defendants for 

committing acts, under color of law, which deprived Plaintiff of rights 

secured under the Constitution and laws of the United States and the 

State of Florida; for failing to have constitutionally sufficient policies 

and procedures which resulted in one or more of the Defendants 

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using excessive force against the Plaintiff on April 26th, 2009 in 

Escambia County, Florida. The court has jurisdiction of this action 

under 42 U.S.C. § 1983 and 28 U.S.C. § 1343.

2. The court also has jurisdiction under 28 U.S.C. § 1331 and 

the laws of the State of Florida.

3. All of the primary events giving rise to this cause of action 

occurred in Escambia County, Florida.

4. This is an action in which the Plaintiff seeks damages in 

excess of $15,000.00, exclusive of interest, costs and attorney’s fees.

5. Attorney’s fees and costs in all civil rights claims are 

authorized in accordance with 42 U.S.C. § 1988.

6. The Plaintiff is THOMAS FRANK OWEN, (hereinafter 

“Plaintiff”) who is a resident and citizen of Escambia County, Florida 

and the United States of America.

7. Defendant, DAVID MORGAN (hereinafter “Morgan”) was 

Sheriff of Escambia County, Florida and a resident of Escambia 

County, Florida at all times relevant to this complaint. Morgan had 

the responsibility to promulgate and publish policies and procedures 

to his Deputy Sheriffs to regulate and control their conduct within the 

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boundaries and restrictions of the Constitution of the United States. 

Morgan is sued in his official capacity.

8. Defendant, JOHN MATTHEW WATKINS (hereinafter 

“Watkins”) was a Deputy Sheriff of the Escambia County Sheriff’s 

Office at all times relevant to this complaint. Watkins was a canine 

officer who was in charge of and had control over a canine known as 

“Bob.” Watkins is sued in his individual and official capacities.

FACTS

9. On April 7th, 2009, the Plaintiff went into the Regions Bank 

located in Escambia County, Florida and presented a note to a teller 

demanding money.

10. The teller complied with the Plaintiff’s demand and gave 

him money from the bank. The Plaintiff then fled from the bank.

11. One of the bank employees activated a robbery alarm 

which resulted in the Escambia County Sheriff’s Office responding to 

the alarm. One of the responding officers was Watkins.

12. Witnesses outside the bank saw the Plaintiff run into a 

wooded area and reported their observations to the responding 

Deputy Sheriffs.

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13. The Plaintiff hid under a bridge in a wooded area in the 

vicinity of the bank for a period of ten to fifteen (10-15) minutes before 

being located by Watkins and other officers.

14. The Plaintiff informed Watkins and the other Deputy 

Sheriffs that he was surrendering. At the time the Plaintiff informed 

the officers that he was surrendering, he was face down on the 

ground. One of the Deputy Sheriffs told the Plaintiff not to move and 

the Plaintiff complied with the officer’s command.

15. There were a number of officers present when the Plaintiff 

was located and told to remain on the ground.

16. The Plaintiff complied with the officer’s command and 

remained motionless and face down on the ground.

17. Watkins then deployed/released K-9 “Bob” who attacked 

the Plaintiff while he was lying motionless and face down on the 

ground. At the time Watkins deployed/released K-9 “Bob” he 

commanded the canine to “sic him.”

18. The Plaintiff suffered wounds to his throat from the canine 

attack that were potentially fatal and required hospitalization.

19. Watkins then documented the use of K-9 “Bob” and 

intentionally omitted that the Plaintiff had surrendered prior to the 

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release of the canine and that the canine had attacked the Plaintiff by 

going for his throat.

COUNT I

(Civil Rights Claim – Fourth Amendment)

20. The Plaintiff incorporates paragraphs one through nineteen 

(1-19) above.

21. The Defendant Watkins acting under color of law and his 

authority as a Deputy Sheriff of Escambia County, Florida applied 

excessive and unconstitutional force against the Plaintiff in the unnecessary deployment of a police canine.

22. The excessive force applied to the Plaintiff by the above

Defendant caused serious physical and emotional injuries to the 

Plaintiff.

23. The Plaintiff, despite complying with the demands of the 

Defendant and other officers of the Escambia County Sheriff’s Office, 

was the victim of excessive and unnecessary force.

24. The Plaintiff was deprived of his right to be secure in his 

person against unreasonable seizure of his person, in violation of the 

Fourth and Fourteenth Amendments of the Constitution of the United 

States.

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25. As a result of the Defendants’ actions committed against 

him, the Plaintiff has suffered physical and emotional injuries to 

include pain, scarring, embarrassment, humiliation, fear, and anxiety.

26. The acts of the Defendant Watkins were intentional, 

wanton, malicious, and oppressive, thus entitling the Plaintiff to an 

award of punitive damages.

WHEREFORE, Plaintiff demands judgment against the 

Defendant Watkins and other unnamed Escambia County Deputy 

Sheriffs for compensatory damages together with interest plus 

attorney’s fees and costs and further demands judgment against 

Watkins for punitive damages, together with attorney’s fees plus the 

costs of this action and such other relief as the court deems just and 

equitable. 

COUNT II

(Civil Rights Claim –Official Capacity)

(K-9 Policy)

27. The Plaintiff incorporates paragraphs one through nineteen 

(1-19) above.

28. Prior to the incident involving the Plaintiff, the Defendant 

Morgan was made aware of problems involving the use and 

deployment of agency canines by his Deputies that resulted in 

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excessive force being applied to and injury to citizens of Escambia 

County, Florida.

29. Morgan took no remedial actions to formulate policy or 

institute training that would prevent excessive force from being 

applied to citizens of Escambia County, Florida to include the Plaintiff.

30. Morgan failed to institute a policy of documentation and 

supervision concerning the use of canines that would have identified 

problems with the use of agency canines and prevented excessive 

force being used against citizens of Escambia County, Florida to 

include the Plaintiff.

31. Acting under color of law and pursuant to official policy, 

practice or custom, Morgan intentionally, knowingly and recklessly 

failed to supervise and control on a continuing basis the Defendant 

Watkins and his K-9 “Bob” thus allowing the use of unreasonable and 

excessive force before, during, or after the making of an arrest.

32. Morgan knew or should have known that, had he exercised 

his duties to supervise and control the Deputy Sheriffs assigned 

canines including the Defendant Watkins, the excessive force applied 

to the Plaintiff would not have been utilized.

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33. Morgan could have, by the exercise of reasonable 

diligence, prevented the excessive use of force against the Plaintiff 

but intentionally, knowingly, or recklessly failed or refused to do so.

34. As a result of Morgan’s actions, the Plaintiff has suffered 

physical and emotional injuries to include embarrassment, 

humiliation, fear, and anxiety as a result of the acts committed

against him by the Defendants.

WHEREFORE, Plaintiff demands judgment against the 

Defendant Morgan in his official capacity for compensatory damages 

together with interest plus attorney’s fees and costs, and such other 

relief as the court deems just and equitable. 

Count III

(Battery – State Law Claim)

35. The Plaintiff incorporates paragraphs one through nineteen 

(1-19) above.

36. The Plaintiff did suffer a harmful and offensive contact by 

the Defendant Watkins and other unnamed Escambia County Deputy

Sheriffs in that he was unreasonably attacked by police K-9 “Bob”, 

after he had surrendered.

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37. The offensive contact was committed by the Defendants 

Watkins and other unnamed Escambia County Deputy Sheriffs who 

intended that such offensive contact occur to the Plaintiff.

38. As a result of the Defendant’s actions committed against 

him, the Plaintiff has suffered physical and emotional injuries to 

include scarring, pain, embarrassment, humiliation, fear, and anxiety.

WHEREFORE, Plaintiff demands judgment against the 

Defendant Watkins for compensatory damages together with interest 

plus attorney’s fees and costs and further demands judgment against 

Watkins for punitive damages, together with attorney’s fees plus the 

costs of this action and such other relief as the court deems just and 

equitable. 

JURY DEMAND

The Plaintiff demands a jury trial on all such issues triable 

before a jury.

SUBSEQUENT AMENDMENT

The Plaintiff moves this Honorable court to allow amendment of 

this complaint to add additional Defendants and counts as discovery 

is accomplished.

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Done this 9

th day of August 2010 in Crestview, Okaloosa 

County, Florida.

Respectfully submitted,

/s/ James R. Murray_______

James R. Murray

James R. Murray, P.A.

P. O. Box 125

Crestview, FL 32539

850 423-5605

Fla. Bar No: 0299162

Attorneys for the Plaintiffs

Eric D. Stevenson

David Lee Sellers, P.A.

919 North 12th Avenue

Pensacola, FL 32501

850 434-3111

Fla. Bar No: 144495

Attorneys for the Plaintiffs

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