Page 1 of 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

Joel B. Robbins, Esq. (011065)

Anne E. Findling, Esq. (010871)

ROBBINS & CURTIN, p.l.l.c.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Tel: 602/285-0100

Fax: 602/265-0267

joel@robbinsandcurtin.com

anne@robbinsandcurtin.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA

Donald Rose, individually, as the personal 

representative of the Estate of Michael 

Daryle Rose, deceased, and on behalf of the 

statutory beneficiaries of Michael Daryle 

Rose;

Virginia Rose, individually,

Plaintiffs,

vs.

William B. Pribil, in his individual and 

official capacity as Sheriff of Coconino 

County;

Cameron Stoppe, in his individual capacity 

as a Coconino County Sheriff’s Office 

detention officer; 

Joseph Ellis, in his individual capacity as a 

Coconino County Sheriff’s Office detention 

officer; and

Tyler Romney, in his individual capacity as 

a Coconino County Sheriff’s Office 

detention officer, 

Defendants.

 No. ____________________

COMPLAINT

Jury Trial Demanded
Page 2 of 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

For their Complaint against Defendants, Plaintiffs Donald Rose and Virginia Rose

allege as follows:

PARTIES

1. Michael Daryle Rose passed away on October 3, 2014, while in the custody 

of the Coconino County Sheriff’s Office. He was forty-eight (48) years old at the time of 

his death.

2. Plaintiff Estate of Michael Daryle Rose is a legal entity organized under the 

probate laws of the State of Arizona. Plaintiff Donald Rose is the personal representative 

of the Estate. 

3. Donald Rose is also the father of Michael Daryle Rose. He brings this 

matter on behalf of the Estate, on behalf of the statutory beneficiaries of Michael Daryle 

Rose, and on his own behalf.

4. Virginia Rose is the mother of Michael Daryle Rose. She brings this matter 

on her own behalf. 

5. Defendant Sheriff William B. Pribil is the duly elected sheriff of Coconino

County, Arizona, and is named in his individual and official capacity, as such terms are 

used within the jurisprudence of 42 U.S.C. § 1983. 

6. Defendant Pribil is a state actor and is the final policymaker for the 

Coconino County Sheriff’s Office (“CCSO”) and is permitted to exercise his authority as 

Sheriff through the use of deputies and detention officers.

7. Defendant Pribil is responsible for the acts and omissions of Coconino 

County Sheriff’s Office employees under the doctrine of respondeat superior. 

8. Defendant Cameron Stoppe is a detention officer with the Coconino County 

Sheriff’s Office who, at all times relevant to this Complaint, was acting under the color of 

law. 

9. Defendant Joseph Ellis is a detention officer with the Coconino County 

Sheriff’s Office who, at all times relevant to this Complaint, was acting under the color of 

law.
Page 3 of 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

10. Defendant Tyler Romney is a detention officer with the Coconino County 

Sheriff’s Office who, at all times relevant to this Complaint, was acting under the color of 

law.

11. The individual defendants are state actors as that term is used in the 

jurisprudence of the Civil Rights Act of 1871, 42 U.S.C. § 1983. They were acting at all 

times under color of state law. They are named individually and in their respective 

capacities as employees of their respective agencies.

JURISDICTION AND VENUE

12. The events that form the basis of Plaintiff’s Complaint occurred in 

Coconino County, State of Arizona. All defendants currently reside or work, or resided 

or worked at relevant times, within the State of Arizona. Thus, venue is proper in the 

District Court of Arizona pursuant to U.S.C. § 1391(b).

13. This action arises under the Constitution of the United States, particularly 

the Fourth, Eighth, and Fourteenth Amendments, and under the laws of the United States, 

particularly the Civil Rights Act of 1871, 42 U.S.C. § 1983. 

14. This Court has jurisdiction over Plaintiffs’ federal civil rights claim 

pursuant to 28 U.S.C. §§ 1331, 1343, and 144.

15. This Court has supplemental jurisdiction of Plaintiffs’ state law claims 

pursuant to 28 U.S.C. § 1367(a).

FACTUAL BACKGROUND

16. In the late evening of October 2, 2014, a disoriented Michael called 9-1-1 

asking that the dispatcher send him a cab. Shortly thereafter, he asked for an ambulance 

because he had fallen. 

17. Once paramedics arrived, they encountered Michael, who was suffering 

from paranoia and delusions. Michael stated that he did not feel well and that he wanted 

to go to the hospital for “heat stroke.” Michael informed the paramedics that he had a 

history of paranoia, which was clearly evident to the paramedics. 

18. After spending a considerable amount of time attempting to persuade 
Page 4 of 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

Michael to get into the ambulance for assessment, the paramedics called the Flagstaff 

Police Department for assistance.

19. As did the paramedics, Flagstaff Police Officers observed Michael to be 

“skittish, and was constantly looking around.” Officers reported that Michael stated that 

he was “hearing things behind his person” and “clearly showed an altered mental state of 

paranoia.”

20. After interacting with officers and paramedics for approximately one hour, 

Flagstaff officers arrested Michael for aggravated assault and transported him to the 

Coconino County Detention Facility. 

21. The booking police officers advised the Coconino County Detention 

Facility intake officers of the circumstances of Michael’s arrest, including his self-evident 

mental health issues. 

22. Several minutes later, at approximately 12:15 a.m., Coconino County 

Sheriff Officers Stoppe, Ellis, and Romney escorted Michael into Intake Cell #7. They 

placed Michael on his stomach, while in a hobble restraint (placed on him by Flagstaff 

Police), in order for the detention officers to conduct a search. 

23. The officers held Michael's arms and legs and Officer Ellis positioned 

himself on Michael's upper back, with his right leg near or on Michael's head/neck. 

24. Several times, Michael asked for help and to be seen by a nurse. 

25. He said that he couldn't breathe; however, an officer told Michael: “If you 

can talk, you can breathe.” 

26. At one point, a jail supervisor ordered the officers to “get off his neck.” 

27. By then, Michael's demeanor changed. He quit moving and began to moan. 

28. The officers moved Michael's face away from the cell's drain, at which 

point Michael was heard mumbling incoherently. Within seconds of moving him away 

from the drain, Michael began gasping. His back rose and fell dramatically. 

29. Defendant detention officers finally realized that Michael was not breathing 

and had no pulse. 
Page 5 of 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

30. The officers began CPR and called for paramedics. 

31. It took minutes, however, for the officers to retrieve the jail’s automated 

external defibrillator (“AED”). 

32. The officers’ efforts, including their delayed use of the AED, proved 

unsuccessful, as did the subsequent life-saving efforts of paramedics. Michael was 

pronounced dead at the scene at 12:58 a.m.

CLAIM FOR RELIEF

Count One

42 U.S.C. § 1983

Civil Rights Act of 1871

33. The foregoing paragraphs are incorporated as though fully set forth herein.

34. The Due Process Clause of the Fourteenth Amendment to the United States 

Constitution forbids a state actor from being deliberately indifferent to the safety and 

security of a pretrial detainee. 

35. The Fourth Amendment forbids a state actor from using unreasonable 

force.

36. Defendants Stoppe, Ellis, and Romney violated Michael Daryle Rose’s 

Fourth Amendment rights through the unreasonable use of force to restrain Mr. Rose, 

particularly after Mr. Rose complained that he was unable to breathe. The officers’ 

continued forceful efforts to restrain Mr. Rose, as he was dying, reflects deliberate 

indifference to Mr. Rose’s health and safety. 

37. Defendant Pribil, in his individual capacity was deliberately indifferent in 

failing to supervise and train jail officers in the appropriate, lawful, and constitutional 

policies and procedures for restraining inmates.

38. As a result of Defendants’ breach of the Fourth and Fourteenth Amendment 

as described herein, Michael Daryle Rose suffered emotional distress, terror, and extreme 

pain before his death. As a further result of Defendants’ unreasonable use of force and 

deliberate indifference, Michael Daryle Rose died.
Page 6 of 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

39. Plaintiffs Donald Rose and Virginia Rose are entitled to recover for the loss 

of their son pursuant to the Civil Rights Act of 1871 for the constitutional injuries to 

Michael Daryle Rose. 

40. In addition, the conduct of the Individual Defendants as described herein 

breached Donald Rose’s and Virginia Rose’s constitutional right of familial association. 

41. In doing the acts and making the omissions alleged herein, the Individual 

Defendants acted maliciously and with a wanton disregard for the rights, needs, and 

feelings of Michael Daryle Rose, and by reason thereof, Plaintiffs are entitled to an award 

of exemplary damages accordingly. 

Count Two

Negligence

42. The foregoing paragraphs are incorporated as though fully set forth herein.

43. Defendants owed a non-delegable duty for the care, custody, and control of 

pretrial detainees within the Coconino County Jail System. 

44. Defendants breached this duty of care by using unreasonable force to 

restrain Michael Daryle Rose, particularly after he informed the officers that he could not 

breathe, and by delaying in providing Michael Daryle Rose with appropriate life-saving 

care after it was evident that he was dying. 

45. In addition, a supervisor observed the three detention officers in their 

interaction with Michael Daryle Rose, who negligently failed to intervene to prevent the 

fatal injuries to Mr. Rose. 

46. As a result of the negligence of Defendants, Michael Daryle Rose died, 

resulting in harms and losses to the Plaintiffs. 

Count Three

Wrongful Death

47. The foregoing paragraphs are incorporated as though fully set forth herein.

48. This claim for relief is asserted against Defendants by Plaintiff Donald 

Rose individually and on behalf of the statutory beneficiaries of Michael Daryle Rose. 
Page 7 of 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

49. Pursuant to A.R.S. § 12-611, et seq., liability for wrongful death exists if a 

person’s death is caused by “wrongful act, neglect or default.” In this matter, Defendants’ 

“wrongful act, neglect, or default” includes negligence and gross negligence as alleged in 

this Complaint. 

50. As a result of Michael Daryle Rose’s wrongful death caused by Defendants, 

Donald Rose and the statutory beneficiaries of Michael Daryle Rose suffered loss of love, 

affection, and companionship, for which they are entitled to recovery under Arizona’s 

wrongful death act. 

51. As a result of Defendant’s wrongful acts, Donald Rose and the statutory 

beneficiaries of Michael Daryle Rose suffered pain, grief, sorrow, anguish, stress, shock,

and mental suffering in the past, present, and future, for which they are entitled to 

recovery under Arizona’s wrongful death act.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:

A. For special damages, including but not limited to funeral and burial 

expenses;

B. For other general damages, including but not limited to pre-death pain and 

suffering, emotional distress and grief, loss of enjoyment of life, and wrongful death;

C. For consequential emotional damage to the surviving statutory 

beneficiaries;

D. For exemplary damages to the extent permitted by law;

E. For taxable costs and pre- and post-judgment interest to the extent 

permitted by law;

F. For attorney’s fees pursuant to 42 U.S.C. § 1988; and

G. Such other relief as the Court deems just and proper. 
Page 8 of 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

JURY DEMAND

Plaintiffs respectfully request a trial by jury on all issues in this matter triable to a 

jury.

RESPECTFULLY SUBMITTED: August 21, 2015.

ROBBINS & CURTIN, p.l.l.c.

By: /s/ Joel B. Robbins

Joel B. Robbins

Anne E. Findling

301 E. Bethany Home Road

Suite B-100

Phoenix, Arizona 85012

Attorneys for Plaintiffs