Police Mize Manipulated Investigation Approximately two weeks later, Defendant Charles received a call from Michelle Lawson. In that call, Ms. Lawson recounted a telephone conversation she overheard between Rick Mize and Misty Dehart. Ms. Lawson informed Defendant Charles that Rick Mize kept assuring Ms. Dehart during this conversation that Cody Hall had already been arrested and implored her to say that “we weren’t there.” Defendant Charles learned that Bobby Mize criticized Rick Mize after the call for continuing to speak with Ms. Dehart. In doing so, Bobby Mize informed Rick that Misty Dehart was “going to get him caught.” Additional Witness Informs Police of Rick Mize’s Likely Involvement Approximately six months later, on August 24, 2012, Defendant Collier interviewed Kennie Helton at the Powell County Attorney’s Office. During that interview, Ms. Helton revealed that she did not have any first-hand knowledge regarding the murder of Mr. Brewer. Ms. Helton repeatedly informed the Defendant Officers that she “was not will swear on anything I love.” Ms. Helton did inform the Defendant Officers during this meeting that she overheard rumors implicating Rick Mize in Mr. Brewer’s murder. The Defendant Officers learned that although Rick Mize did not explicitly confess to the murder, he did tell Ms. Helton that he was that law-
The widespread practices described in the preceding paragraphs were allowed to flourish because the municipal defendants declined to implement sufficient training and/or enforce legitimate oversight and punishment. Count II – 42 U.S.C. § 1983 – Fourth Amendment Fabrication of False Evidence Paragraphs 1-158 and 191-208 of this Complaint are incorporated as if restated fully herein. In the manner described more fully above, Defendant Fyffe and the Defendant Officers, individually, jointly and in conspiracy with each other, fabricated evidence, including without limitation, false police reports, fabricated statements attributed to witnesses, and fabricated testimony offered at grand jury and other pretrial proceedings. Defendant Fyffe and the Defendant Officers knowingly fabricated this evidence and a reasonable likelihood exists that the false evidence affected the decision of the grand jurors and courts that considered this false evidence when determining whether probable cause existed. Defendant Fyffe and the Defendant Officers were acting under color of law and within their scope of employment when they took these actions. Defendant Fyffe and the Defendant Officers misconduct directly resulted in the unjust continued incarceration of Mr. Miller, thereby denying him from his constitutional right to due process as guaranteed by the U.S. Constitution. Absent this misconduct, there would have been no probable cause for Plaintiff’s continued detention, and the prosecution of Plaintiff could not and would not have been pursued.
AO 440 (Rev. 06/12) Summons in a Action UNITED STATES DISTRICT COURT for the NICKIE MILLER Plaintiff(s) v. MONTGOMERY COUNTY, et al Defendant(s) ) ) ) ) ) ) Civil Action No. ) ) ) ) ) ) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) Fred Shortridge Montgomery County Sheriff 1 Street Suite 4 Mt. Sterling, Kentucky A lawsuit has been against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Slosar & Loevy 311 N. Aberdeen, 3rd FL Chicago, IL 60607 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . 0 I personally served the summons on the individual at (place) on (date) ; or 0 I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides on (date) , and mailed a copy to the individual’s last known address; or 0 I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or 0 I returned the summons unexecuted because ; or 0 (specify): My fees are $ for travel and $ for services, for a of $ 0.00 . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: