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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

DION D. BROWN 

 Plaintiff,

 -vs- Case No. 

 

CITY OF DETROIT, 

a municipal corporation,

DETROIT POLICE OFFICERS

JASON TONTI # 3726, KIMBERLEY GIBBS # 3031

MICHAEL GARRISON # 4185 ENRICO RUBINO #1595

Individually, and in their official capacities, 

 

Jointly and Severally, 

 Defendants. 

_______________________________________________________________

PAUL M. HUGHES, P 36421

Attorney for Plaintiff 

1391 Woodbridge St.

Detroit, MI 48207-3109

(313) 567-1650

paul@attorneyhughes.com 

_______________________________________________________________ 

COMPLAINT and JURY DEMAND 

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COMMON ALLEGATIONS

NOW COMES the Plaintiff, by and through his attorney, PAUL

M. HUGHES, and for his complaint states as follows:

1. That Plaintiff is a resident of the County of Wayne, State

of Michigan.

2. That Defendant City of Detroit is a municipal corporation

located in the County of Wayne, State of Michigan.

3. That upon information and belief the individually named

Defendant Police Officers at all times relevant to this complaint

were residents of the County of Wayne, State of Michigan, and

were at all times relevant herein, agents and/or employees of the

Defendant City of Detroit. 

4. At all times relevant herein, all individually named

Defendants were acting within the scope of their employment,

under their authority as police officers and under color of law. 

5. This is a civil rights case arising under the 4

th

Amendment and 42 USC §1983. Jurisdiction is conferred on this

court by 28 USC 1331 (Federal question) and 1343 (Civil rights).

6. Venue is proper in the Eastern District of Michigan.

Southern Division pursuant to 28 USC 1491 (B), inasmuch as

Defendant City of Detroit is located within the District and the

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events which give rise to the claim occurred there.

7. That Defendant City of Detroit is liable under state and/or

federal law for all injuries proximately caused by:

a. Intentional, willful and wanton, reckless,

deliberately indifferent, grossly negligent and/or

negligent acts and/or omissions committed pursuant

to customs, policies, usage and/or practices which

deprive citizens of their rights, privileges

and/or immunities secured by the Constitutions and

laws of the United States and/or of the State of

Michigan, including but not limited to:

b. Defendant's directions, policies, practices and/or

customs from which the employees' and/or agents'

acts or omissions were foreseeable;

c. Conduct by such employees and/or agents in which

Defendant acquiesced, explicitly or implicitly;

 d. Conduct which resulted from the failure to train 

 or oversee the training of such employees and 

 agents;

e. conduct of such employees and/or agents which

supervisory personnel could foresee because the

previous behavior of such employees and/or agents

created the potential for such acts or omissions

and which were not corrected; and/or

f. acts of such employees and/or agents which were

caused by or permitted in violation of a statutory

duty.

8. The events out of which this cause of action arose occurred

on August 21, 2006 in the City of Detroit, County of Wayne,

State of Michigan. 

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9. The factual predicate of the Defendants' liability is as

follows: 

a. On August 21, 2006, the Plaintiff was walking near

Tireman and Fielding Streets. 

 

b. That at that time and place Defendant Officers TONTI

and GIBBS stopped the Plaintiff and his friends and

arrested them without probable cause, allegedly for

carjacking and/or armed robbery;

c. That Defendant Officer TONTI pointed his gun at the

head of the plaintiff who was 15 years old at the time,

even though there were no circumstances that would

justify this use of force.

d. That prior to the arrest, Defendant officers GARRISON

and RUBINO had relayed false information to Defendant

officers TONTI and GIBBS in a manner to attempt to

create probable cause for the arrest of the Plaintiff,

which upon further investigation Defendant officers

TONTI and GIBBS became aware of but nonetheless

proceeded to arrest the Plaintiff anyway.

COUNT I

ASSAULT AND BATTERY

Plaintiff hereby realleges and incorporates by reference all of

the paragraphs and counts above as if fully set forth herein word

for word.

10. That Defendant officer TONTI, while acting within the scope

of his employment, knowingly and intentionally pointed his gun at

the head of the Plaintiff even though no circumstances justified

such a use of force and handcuffed the Plaintiff without

justification, said acts constituting assault and battery upon

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his person. 

11. As a direct and proximate result of Defendants'

aforementioned assault and battery, the Plaintiff suffered pain

and suffering, as well as emotional injuries, all past, present

and future as well as loss of enjoyment of life, humiliation,

degradation.

 WHEREFORE, the Plaintiff seeks Judgment against Defendants,

jointly and severally, in whatever amount he is found to be

entitled, which is reasonable, fair and just, plus costs,

interest and actual attorney's fees, together with exemplary

and/or punitive damages.

COUNT II

WILLFUL AND WANTON MISCONDUCT, DELIBERATE

INDIFFERENCE/GROSS NEGLIGENCE

Plaintiff hereby realleges and incorporates by reference all of

the paragraphs and counts above as if fully set forth herein word

for word. 

12. At all times relevant herein, the above-named defendant

officers had the following duties, notwithstanding their standard

duty of care:

a. To avoid harming the Plaintiff and to use only so

much force as was necessary to effect an arrest. 

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b. To follow all state statutes, regulations and

municipal ordinances designed to protect citizens

against unreasonable use of force .

c. To preserve the peace and protect the lawful

rights of citizens. 

d. Not to assault and batter, nor use excessive 

 force against Plaintiff. 

f. To effect an arrest only on probable cause and

other acts and other omissions and acts under

investigation at this time.

g. To notify the Plaintiff's parents of his

incarceration as required by law because he was a

juvenile.

13. All of the individual Defendants negligently, grossly

negligently, recklessly, willfully, wantonly, maliciously,

intentionally, knowingly, and/or deliberately breached one or

more of the aforesaid duties by: 

a. Using unreasonable and unnecessary force against

the Plaintiff. 

b. Failing to follow all state statutes, regulations

and municipal ordinances designed to protect

against unreasonable use of force.

d. Failing preserve the peace and protect the lawful 

 rights of citizens. 

e. Committing an assault and battery and by using 

 excessive force upon the Plaintiff. 

f. Arresting the Plaintiff without probable cause.

g. Failing to notify the Plaintiff's parents of his

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incarceration as required by law because he was a

juvenile.

14. That City of Detroit breached its aforementioned duties and

was willful and wanton and/or grossly negligent, as defined by

statute, to wit: MCLA 691.1407, when it conducted itself in a

manner so reckless as to demonstrate a substantial lack of

concern for whether an injury would result in one, some, or all

of the following particulars: 

a. Failing and/or refusing to adequately train,

oversee the training of and/or supervise all

employees and/or agents under its control and/or

supervision;

b. Failing and/or refusing to prevent intentional,

willful and wanton, reckless, deliberately

indifferent, grossly negligent and/or negligent

acts and/or omissions of such employees and/or

agents;

c. Failing and/or refusing to enact, institute,

implement and/or utilize directions, policies,

practices and/or customs from which Defendants

and/or their employees and/or agents are to

preserve the peace and protect the lawful rights

of citizens; and

d. Failing to prevent, explicitly or implicitly, the

intentional, willful and wanton, reckless,

deliberately indifference, grossly negligent

and/or negligent and foreseeable conduct, acts

and/or omissions of Defendants' employees and/or

agents. 

15. As a direct and proximate result of the Defendants'

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aforementioned wrongful conduct, the Plaintiff suffered loss of

freedom, physical pain and suffering, mental anguish, loss of

enjoyment of life, humiliation, degradation, and emotional

injuries, all past, present and future. 

 WHEREFORE, the Plaintiff seeks Judgment against Defendants

jointly and severally, in whatever amount he is found to be

entitled, which is reasonable, fair and just, plus costs,

interest and actual attorney's fees, together with exemplary

and/or punitive damages. 

COUNT III

FALSE ARREST-FALSE IMPRISONMENT

Plaintiff hereby realleges and incorporates by reference all

of the paragraphs and counts above as if fully set forth herein

word for word. 

16. The above-named defendant officers, while at all times

relevant herein acting within the scope of their employment for

Defendant City of Detroit and under color of law as Police

Officers, intentionally compelled the Plaintiff to be unlawfully

restrained, under pretense that he had violated the law even

though probable cause was absent for his arrest; said acts

constituting false arrest and false imprisonment. 

17. That the above-named defendant officers, while acting

within the scope of their employment, knowingly and intentionally

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falsely arrested the Plaintiff without a warrant and without

probable cause to believe that he had violated the law causing hm

to be detained and interrogated for approximately 5 hours. 

18. As a direct and proximate result of the aforementioned

wrongful conduct and Constitutional violations, Plaintiff

suffered loss of freedom, mental anguish, pain and suffering,

loss of enjoyment of life, humiliations, degradation and

emotional injuries, all past, present and future. 

WHEREFORE, the Plaintiff seeks Judgment against Defendants,

jointly and severally, in whatever amount he is found to be

entitled, which is reasonable, fair and just, plus costs,

interest and actual attorney's fees, together with exemplary

and/or punitive damages. 

COUNT IV 

42 USC §1983 DEPRIVATION,

INDIVIDUAL POLICE OFFICERS

Plaintiff hereby realleges and incorporates by reference all

of the paragraphs and counts above as if fully set forth herein

word for word. 

19. Jurisdiction is based on 28 USC Section 1331. 

20. At all times relevant herein, individual Defendants,

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under color of statutes, ordinances, regulations and/or customs

of the State of Michigan, County of Wayne, subjected Plaintiff to

deprivation of his rights, privileges and immunities secured by

the Constitution and laws of the United States. 

21. The Civil Rights Act, 42 USC §1983, provides for civil

liability for the deprivation of any right, privilege or immunity

secured by the Constitution and laws of the United States, while

committed under color of law. 

22. Defendants are civilly liable to Plaintiff pursuant to

42 USC §1983, because of all the above-described deliberate,

grossly negligent, reckless, willful, wanton, malicious and/or

intentional acts and/or omissions of Defendants, as set forth in

Counts I, II, III, were committed under the color of law and

pursuant to the customs, policies and/or practices of Defendant

City of Detroit, all of which subjected Plaintiff to deprivation

of their rights, privileges and immunities secured by the United

States Constitution, Amendments IV and XIV. 

23. As a direct and proximate result of the aforementioned

wrongful conduct and Constitutional violations, Plaintiff

suffered loss of freedom, mental anguish, pain and suffering,

loss of wages, loss of enjoyment of life, humiliations,

degradation and emotional injuries, all past, present and future.

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WHEREFORE, Plaintiff seeks Judgment against Defendants

jointly and severally, in whatever amount he is found to be

entitled, which is reasonable, fair and just, plus costs,

interest and actual attorney's fees, together with exemplary

and/or punitive damages. 

COUNT V

42 USC §1983 DEPRIVATION 

MUNICIPAL/SUPERVISORY LIABILITY

Plaintiff hereby realleges and incorporates by reference all of

the paragraphs and counts above as if fully set forth herein word

for word. 

24. At all times relevant herein, Defendant City of Detroit

acting through its supervisory officers and officials, by their

own customs, policies and/or practices failed to establish,

maintain or enforce proper police procedures to prevent the

unconstitutional seizure and treatment of citizens thereby

directly and proximately depriving Plaintiff of his right to be

free from excessive force, false arrest and other unreasonable

intrusions against his person without due process of law, in

violation of the United States Constitution, Amendments IV, and

XIV.

25. At all times relevant herein, Defendant City of Detroit

acting through its supervisory officers and officials, by their

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own customs, policies and/or practices of systematically failing

to properly train, evaluate, supervise, investigate, review

and/or discipline its police officers, allowed, acquiesced in,

and/or encouraged the individual police officers to function as

police officers and to unlawfully handle citizens and violate

Plaintiffs' constitutional rights as enumerated herein, thereby

directly and proximately depriving Plaintiff of his right to be

free from excessive force, false arrest and other unreasonable

intrusions against his persons without due process of law, in

violation of the United States Constitution, Amendments IV, and

XIV.

26. At all times relevant herein, Defendant City of Detroit,

acting through its supervisory officials and/or officers, by

their own customs, policies and/or practices of systematically

failing to enforce its own rules and regulations pertaining to

the handling and of citizens, including Plaintiff, in violation

of all standards of decency and minimum requirements under the

law and the Constitution, deprived Plaintiff of his right to be

free from excessive force, false arrest and other unreasonable

intrusions enumerated herein against his person without due

process of law, in violation of the United States Constitution,

Amendments IV and XIV.

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27. Defendant City of Detroit is liable for its intentional,

deliberately indifferent, willful, wanton, reckless and/or

grossly negligent acts and/or omissions, which constituted

customs, policies and/or practices, which resulted in the

unlawful, unjustified, wrongful and unconstitutional use of

excessive force against the Plaintiff, all of which proximately

resulted in his injuries.

28. At all times relevant herein, Defendant City of Detroit by

its directions, policies, procedures, practices and/or customs,

from which the intentional, willful and wanton, reckless,

deliberately indifferent, grossly negligent and/or negligent acts

and or omissions of the individual officers, who were under its

supervision were foreseeable, allowed, acquiesced in and/or

encouraged said officers to function as police officers and to

unconstitutionally use excessive force and falsely arrest

citizens including Plaintiff thereby proximately causing

Plaintiff to be injured as described, in violation of the United

States Constitution, Amendments IV and XIV.

29. At all times relevant herein, Defendant City of Detroit by

its failure to train, supervise, discipline and/or correct the

behavior of the employees and/or agents under its supervision,

including but not limited to the individual officers, of which

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said Defendant City of Detroit knew or should have known, created

the potential for the intentional, willful and wanton, reckless,

deliberately indifferent, grossly negligent and/or negligent acts

and or omissions of said officers, allowed, acquiesced in and/or

encouraged said individual Defendants to function as police

officers and to unlawfully use excessive force against citizens

including Plaintiff thereby proximately causing Plaintiff to be

deprived of his right to be free from unreasonable seizure and

other intrusions as enumerated herein without due process of law,

in violation of the United States Constitution, Amendments IV and

XIV.

30. At all times relevant herein, Defendant City of Detroit by

its violation of statutory duties, allowed and/or encouraged the

individual officer Defendants to function as police officers and

to unlawfully process arrestees, including Plaintiff thereby

proximately causing Plaintiff to be deprived of his liberty and

of his right to be free from excessive force and other

unreasonable intrusions as enumerated herein without due process

of law, in violation of the United States Constitution,

Amendments IV and XIV.

31. As a direct and proximate result of said Constitutional

violations, Plaintiff suffered loss of freedom, mental anguish,

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pain and suffering, loss of wages, loss of enjoyment of life,

humiliation, degradation and emotional injuries, all past,

present and future. 

 WHEREFORE, the Plaintiff seeks Judgment against Defendants

jointly and severally, in whatever amount he is found to be

entitled, which is reasonable, fair and just, plus costs,

interest, together with exemplary and/or punitive damages, 

actual attorneys fees and costs.

Respectfully submitted,

LAW OFFICES OF PAUL M. HUGHES

s/Paul M. Hughes

__________________________________

Paul M. Hughes, P 36421

Attorney for Plaintiff

1391 Woodbridge St.

Detroit, MI 48207-3109

(313) 567-1650

paul@attorneyhughes.com 

 

Dated: September 23, 2009

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