Case 1:10-cv-00985-MHT-CSC Document 1 Filed 11/18/10 Page 1 of 27

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA

RECE WED
2 NOV 1 8 A II : 5U

SOUTHERN DIVISION JOHN TURNER, PLAINTIFF, VS. THE CITY OF DOTHAN, a municipality; FORMER CHIEF OF POLICE JOHN R. POWELL, in his then capacity as Chief of Police, OFFICER MICHAEL CONNER, individually and in his official capacity, OFFICER LYNN WATKINS, individually and in his official capacity, OFFICER WILL BENNY, individually and in his official capacity, OFFICER SCOTT OWENS, individually and in his official capacity, and OFFICER MIKE MILLER, individually and in his official capacity, DEFENDANTS. I. INTRODUCTION 1. This is an action for money damages brought pursuant to 42 U.S.C. Sections 1983 and 1988, and the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, and under the common law of the State of Alabama against Officer Michael Conner, a police officer of the City of Dothan, in his individual and official capacity; Officer Lynn Watkins, a police officer of the City of Dothan, in his individual and official capacity; Officer Will Benny, a police officer of the City of Dothan, in his individual and official capacity; Officer Scott Owens, a police officer of the City of Dothan, in his individual DEMAND FOR
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and official capacity, and Officer Mike Miller, individually and in his official capacity. Further, this action is against the City of Dothan, Alabama, a municipal corporation, and its former Chief of Police, John R. Powell, being sued in his then official capacity. The Plaintiff also alleges the supplemental state filed claims for felonious injuries under Alabama Code Section 6-5-370, trespass, assault and battery, intentional infliction of emotional distress, together with claims of negligent training, negligent supervision and negligent retention. II. JURISDICTION AND VENUE 2. The jurisdiction of this Court is instituted and authorized pursuant to 28 U.S.C. Sections 1331 and 1343 (a) (4) . Supplemental
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U.S.C. Section 1367. 3. Plaintiff properly filed a verified claim with the City of Dothan within the six month statute of limitations for making claims as required by Sections 11-47-23 and 192, Code of Alabama, 1975. No response was received from the City. 4. Each and all of the acts of officers Michael Conner, Lynn Watkins, Will Benny, Scott Owens and t4ke 4iller alleged herein were done by said Defendants acting under the color and pretense of statutes, ordinances, regulations, customs and uses of the State of Alabama, the City of Dothan, and the County of Houston, and under the authority of their office as policemen. 5. The Defendants Officer Michael Conner, Officer Lynn

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Watkins, Officer Will Benny, Officer Scott Owens and Officer Mike Miller are all located in the State of Alabama. All of the unlawful acts alleged herein occurred in Houston County, Alabama. Upon information and belief, all of the individual Defendants reside in Houston County, Alabama with the exception of former Chief of Police John R. Powell who currently resides in the State of Florida. 6. Former Chief of Police John R. Powell is sued in his then official capacity as the Chief of Police of the City of Dothan. He is a non-resident of the State of Alabama currently and residing in the State of Florida. Venue is proper in this Court pursuant to 28 U.S.C. Section 1391(b). III. PARTIES 7. John Turner is over the age of nineteen years and is a resident citizen of Houston County, Alabama residing at 2205 Glen Haven Drive, Dothan, Houston County, Alabama. 8. The Defendants Michael Conner, Lynn Watkins, Will Benny, Scott Owens and Mike Miller were, at all times relevant to this complaint, duly appointed and acting officers of the police department of the City of Dothan, a municipal corporation, acting under the color of law, namely under color of the statutes, ordinances, regulations, policies, customs and usages of the State of Alabama and/or the City of Dothan, Alabama. 9. The Defendant City of Dothan, Alabama is a municipal corporation and the public employer of Officers Conner, Watkins,

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Benny, Owens and Miller and was at all times relevant hereto the employer of the former Chief of Police, the Defendant John R. Powell. 10. The Defendant John R. Powell is the former Chief of Police for the City of Dothan, Alabama, was the supervisor of the Defendant police officers and was charged with the duty of overseeing the police officers and responsible for carrying out the policies and procedures of the Defendant City of Dothan and the police department for said city. He is sued in his then official capacity. Iv. FACTS 11. On or about November 20, 2008 about 1:00 a.m. there was a iuiouic.
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Drive, Dothan, Alabama. Kokeshia Small, Plaintiff's companion, went to the door to find out who was knocking. 12. Upon Ms. Small opening the door, the Defendant Officer Michael Conner committed a trespass by walking into the premises, uninvited and without legal justification. 13. Upon Defendant Conner's entering the premises, he saw the Plaintiff, and started questioning him about what is going on. 14. Plaintiff inquired of Defendant Conner as to what he was doing in Plaintiff's house and told him to leave. 15. Conner informed Plaintiff that he was responding to a 911 call. Plaintiff then told him to get out of his house. 16. The Defendant Conner pulled out his taser and ordered

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Plaintiff to go to the floor. Plaintiff told him he was not going to the floor at which time Defendant Conner fired his taser, striking Plaintiff. Defendant cycled the taser at least two times. 17. As Defendant Conner cycled the taser a third time, Plaintiff removed the taser probes from his body. 18. At which time Defendant Conner removed his asp and attacked Plaintiff. Plaintiff placed himself in a defensive posture. They began to struggle. 19. Plaintiff, who had done nothing wrong, was merely lawfully in his house, and was violently attacked by Officer Conner. The Plaintiff had not been arrested, had not been told he was arrested, and was rightfully in his home. 20. At this point the Defendant Officer Lynn Watkins entered into Plaintiff 1 s home, went to where the struggle between Plaintiff and Defendant Conner was taking place. Defendant Watkins struck Plaintiff over Plaintiff's left eye with a fist. Plaintiff was then shot with another taser in his lower back. 21. At this point, Officer Will Benny entered the premises, went to where Plaintiff was and kicked Plaintiff in the face. Officer Benny cursed Plaintiff and subjected Plaintiff to a racial slur. 22. Defendant Officers Scott Owens and Mike Miller entered the premises. Defendant Owens kicked Plaintiff in his groin and Defendant Miller began beating Plaintiff's legs with a baton. 23. The officers handcuffed Plaintiff, snatched him from the

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floor, and dragged him out of his house. They placed Plaintiff at the rear of a police car. The officers then picked Plaintiff up and slammed him against the back of the police car. He was then placed in the police squad car, handcuffed behind his back. 24. The police officers who were agents, servants or employees of the City of Dothan, used electrical stun guns/tasers or other electrical devices beyond the guidelines set out by the City, or they used the weapon within the guidelines which guidelines provide for excessive use of tasers. The use of the taser was not necessary. The use of the taser constituted excessive force and was used to punish or inflict pain upon the Plaintiff. Such use was either within the guidelines as set out by the Dothan Police Department or they exceeded the guidelines by going beyond the professional uses or purposes for the weapon in complete disregard for the safety or care of the Plaintiff. 25. Plaintiff was not placed under arrest nor was he told he would be placed under arrest at any time. He was placed under arrest for resisting arrest after he was handcuffed and in the back of the police squad car. 26. The Defendant Michael Conner was one of the officers using the taser. Officers Lynn Watkins and Will Benny failed and refused to protect Plaintiff from the actions of the other police officers and even participated in the physical harm to Plaintiff. Each officer participated in each other officer's actions. 27. The actions of the Defendant Michael Conner clearly

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violated established and well-settled constitutional rights of John Turner, to wit: freedom for use of excessive force, unreasonable and unjustified force against his person, and freedom from cruel and unusual punishment. 28. The actions of the Defendant Will Benny clearly violated established and well-settled federal constitutional rights of John Turner, namely, freedom from usage excessive force, unreasonable and unjustified force against his person, freedom from cruel and unusual punishment, and freedom from the intentional infliction of emotional distress. 29. Specifically, the Plaintiff claims that while the

Defendants were acting under color and authority of the State of

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Dothan, they intentionally violated Plaintiff's constitutional rights under the Fourteenth Amendment to be free from the use of excessive force against him. The Defendant police officers acted under color of law and each of them deprived Plaintiff of the rights, privileges and immunities secured to him by the Constitution of the United States and violated the provisions of Title 28 Section 1983 of the United States Code. 30. The acts, conduct and behavior of each of the Defendants were performed knowingly, intentionally, and maliciously, for which Plaintiff is entitled to an award of actual and punitive damages. 31. As a direct and proximate result of the actions of Defendants Conner, Watkins, Benny, Owens and Miller, the Plaintiff

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John Turner suffered the following injuries and damages: A. Violation of his constitutional rights under the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution including the right to be free from cruel and unusual punishment. B. The intentional infliction of emotional distress by cursing and using racial slurs against him. C. Physical pain and suffering and emotional trauma and

suffering, which required the expenditure of money for treatment. D. Long lasting emotional distress due to the infliction of pain and suffering. E. Permanent scarring of the body from the burning of the

and face. COUNTS Count I (Claim for Violation of 42 U.S.C. Section 1983 Against Individual Defendant Officers E'4ichael Conner, Lynn Watkins, Will Benny, Scott Owens and t4ike Miller In Their Individual Capacities.) 32. Without probable cause or without justification to do so, Officer Michael Conner applied a burst from his taser to the Plaintiff while he was inside his home. 36. Officer E'4ichael Conner was acting under color of law as an agent, servant, or employee of the City of Dothan when he used his taser on Plaintiff. Officers Watkins, Benny, Owens and Miller

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assisted Officer Conner in his duties. The latter four officers took no action to stop Officer Conner from applying unnecessary force. 37. Without probable cause or justification to do so, Officer Lynn Watkins struck Plaintiff in his face with a fist. 38. Without probable cause or justification to do so, Officer Will Benny kicked Plaintiff in the face, cursed Plaintiff, and subjected him to a racial slur. 39. Without probable cause or justification to do so, Officer Scott Owens kicked Plaintiff in the groin and Officer Mike Miller beat Plaintiff's legs with a baton. 40. Each and all of the Defendant police officers were acting unaer coor or aw as an agent, servant or empoyee or tne city or Dothan when they used excessive force as stated above. The officers each assisted the others in their duties and neither took any action to stop any other officer from applying unnecessary force. 41. The Defendants Conner, Watkins, Benny, Owens and Miller violated the Fourth Amendment rights of the Plaintiff in that there was a seizure of the Plaintiff's person without probable cause. 42. The Defendants Officers Conner, Watkins, Benny and Owens violated Plaintiff's Fifth Amendment rights in depriving him of his liberty and freedom in taking control over his person without any probable cause to do so. 43. The Defendant Officers Conner, Watkins, Benny, Owens and Miller, separately and severely, violated the Plaintiff's Eighth

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Amendment rights by the use of the taser, baton, fist, feet and words, respectively. The Plaintiff was subjected to cruel and unusual punishment which was inflicted without justification. The individual officers touched, assaulted, seized and detained Plaintiff without affording him due process of law and used excessive and unreasonable force against him. 44. The actions of Defendants Conner, Watkins, Benny and Owens violated clearly established and well-settled federal constitutional rights of John Turner, to wit: freedom from the use of excessive, unreasonable and unjustifiable force against his person under the Fourth Amendment; freedom from cruel and unusual punishment under the Eighth Amendment, deprivation of life liberty or property under the Fifth Amendment and, while acting under color of law, said Defendants intentionally violated Plaintiff's constitutional rights under the Fourteenth Amendment to be free from the excessive use of force against him while they had him in their custody and control in that said officers deprived Plaintiff of life, liberty, or property without due process of law and denied him equal protection fo the law. Each of the Defendants acted under the color of law and each of them deprived the Plaintiff of his rights, privileges and immunities secured to him by the Constitution of the United States and violated the provisions of 28 U.S.C. Section 1983. 45. The acts, conduct and behavior of each of the Defendants were performed negligently and/or knowingly, intentionally, and/or

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maliciously, by which Plaintiff is entitled to an award of actual and punitive damages. 46. As a direct and proximate result of the acts of each of the Defendants, the Plaintiff John Turner suffered the following injuries and damages, to wit: A. Violation of his constitutional rights under the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution including the right to be free from cruel and unusual punishment. B. The intentional infliction of emotional distress by cursing and using racial slurs against him. C. Physical pain and suffering and emotional trauma and
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D. Long lasting emotional distress due to the infliction of pain and suffering. E. Permanent scarring of the body from the burning of the taser on his skin and the scarring caused by the blows to his body and face. WHEREFORE, Plaintiff John Turner claims damages for the injuries set forth above under 42 U.S.C. Section 1983 against Defendant Officers Michael Conner, Lynn Watkins, Will Benny, Scott Owens and Mike Miller and the City of Dothan for violation of his constitutional rights under color of law in the sum of Two Million Dollars or as the evidence may show.

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Count II (Assault & Battery) 47. On or about the 20th day November, 2008 the Defendants Conner, Watkins, Benny, Owens and Miller committed an assault and battery on Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Conner, Watkins, Benny, Owens and Miller in the amount of One Million Dollars each. Count III (Claim against the City of Dothan, Alabama a Municipal Corporation pursuant to 42 U.S.C. Section 1983.) 48. Each of the named police officer Defendants was employed as a police officer by the City of Dothan for an unknown period of time prior to November 20, 2008. 49. Each of the Defendant Police Officers was trained by the City of Dothan as to when and under what conditions he could employ the use of weapons entrusted to and supplied to him by the City of Dothan. 50. Officer Conner applied a burst of his taser to the Plaintiff while Plaintiff was inside his home, not under arrest, and not in custody. 51. Officer Benny assaulted and battered the Plaintiff by kicking him in the face and intentionally inflicted emotional distress upon Plaintiff by subjecting him to a racial slur and cursing him.

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52. Defendant Officer Owens subjected Plaintiff to an assault and battery by kicking Plaintiff in the groin. 53. Defendant Officer Miller subjected Plaintiff to an assault and battery by beating Plaintiff upon Plaintiff's legs with a baton. 54. Each of the aforesaid officers was acting under color of law as an agent, servant or employee of the City of Dothan when they used excessive force as aforesaid. Neither of the officers took any actions to prevent any other officer from applying unnecessary force. Each officer, even though his training should have required him to intercede and prevent any physical injury to Plaintiff, failed to do so. 55. Defendant Officers Conner, Watkins, Benny, Owens and Miller as agents, servants, or employees of the Defendant City of Dothan violated the Fourth Amendment rights of Plaintiff in that there was a seizure of Plaintiff's person without probable cause. 56. The Defendant Officers Conner, Watkins, Benny, Owens and Miller violated Plaintiff's Fifth Amendment rights by depriving him of liberty, by inflicting pain, by taking control over his person without any probable cause to do so, by striking him, kicking him, and cursing him, as alleged aforesaid. 57. The actions of Defendants Conner, Watkins, Benny, Owens and Miller violated clearly established and well-settled Federal Constitutional Rights of Plaintiff John Turner, to wit: the freedom from the use of excessive, unreasonable and unjustified force

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against his person under the Fourth Amendment; freedom from cruel and unusual punishment under the Eighth Amendment; deprivation of life liberty or property under the Fifth Amendment; and while acting under color of law, they intentionally violated Plaintiff's constitutional right under the Fourteenth Amendment to be free from the use of excessive force and denied him equal protection of law. Each of the Defendants acted separately and severely under the color of law and each separately and severely deprived Plaintiff of the rights, privileges and immunities secured to him by the Constitutional of the United States and violated the provisions of 28 U.S.C. Section 1983. 58. The conduct of each of the Defendants was performed either negligently or knowingly, intentionally and maliciously by reason of which Plaintiff is entitled to an award of actual and punitive damages. 59. Prior to this incident, the Defendant City of Dothan developed and maintained policies or customs exhibiting a deliberate indifference to the constitutional rights of persons in the City of Dothan which caused the violation of John Turner's rights. 60. Prior to November 20, 2008, it was the policy and/or custom of Defendant City of Dothan to inadequately and improperly investigate citizen complaints of misconduct. Acts of this type of misconduct were routinely tolerated by the Defendant City of Dothan including but not limited to the following incidents:

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A. The tasing of inmates at the Dothan City Jail on an unjustified basis or to shut them up such as the tasing of Darrell Floyd to the point leaving permanent physical scarring. B. The tasing of the detainees at the City Jail inflicting injuries to the point of leaving permanent physical and mental scaring. C. The complete exoneration of the offices in the unwarranted use of the taser as set out in this complaint. 61. Plaintiff alleges that it is the policy and/or custom of the City of Dothan to adequately supervise and train its officers, including Officers Conner, Watkins, Benny, Owens and Miller by failing to adequately discourage constitutional violations on the part or its poice orricers anciior jai personnel. ine iierenaant City of Dothan did not require appropriate in-service training or retraining of officers who were known to have engaged in police misconduct. In fact, the Defendant City of Dothan promoted the unnecessary and excessive use of force by protecting and exonerating those officers that use unnecessary and excessive force and by failing to punish those other officers who tolerate and do nothing to protect citizens from the unnecessary and excessive use of force by other police personnel. 62. As a result of the above policies and customs, police personnel of the Defendant City of Dothan, including Officers Conner, Watkins, Benny, Owens and Miller, believed that their actions would not be properly monitored by supervisory officers and

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that this conduct would not be investigated, but would rather be sanctioned, tolerated and even protected against the allegations of misconduct by the routine conducting of investigations that find no wrong-doing. 63. The above-described policies and customs demonstrate a deliberate indifference on the part of the policymakers of the Police Department and the Defendant City of Dothan to the constitutional rights of persons within the city. The Defendant City's actions or lack of actions was the cause of violations of Plaintiff's rights as alleged herein. By allowing, condoning, and/or failing to correct such conduct by its officers, the Defendant City's customs and policies constituted a deliberate iudiffeLerice to the Pi&itiff ctitutii iiight aud that the

policy or custom caused such violation. 64. As a direct and proximate result of the acts of Defendants Conner, Watkins, Benny, Owens and Miller, the Plaintiff John Turner suffered the following injuries and damages, to wit: A. Violation of his constitutional rights under the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution including the right to be free from cruel and unusual punishment. B. The intentional infliction of emotional distress by cursing and using racial slurs against him. C. Physical pain and suffering and emotional trauma and suffering, which required the expenditure of money for treatment.

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D. Long lasting emotional distress due to the infliction of pain and suffering. E. Permanent scarring of the body from the burning of the taser on his skin and the scarring caused by the blows to his body and face. WHEREFORE, the Plaintiff John Turner claims damages for the injuries set forth above for the actions under color of law in violation of 42 U.S.C. Section 1983 against the City of Dothan in the sum of Two Million Dollars or as the evidence may show. count IV: (Negligent Training Against the Former chief of Police and the Defendant city of Dothan.) 65. Defendant Officers conner, Watkins, Benny, Owens and Miller were employed as police officers by the Defendant City of Dothan for an unknown period of time prior to November 20, 2008. 66. The Defendant Officers Conner, Watkins, Benny, Owens and Miller were trained by the Defendant City of Dothan as to when and under what circumstances they could employ the use of weapons entrusted and supplied to them by the said Defendant City. 67. The Defendant Officers Conner, Watkins, Benny, Owens and Miller were each acting under the color of law as an agent, servant or employee of Defendant City of Dothan when they respectively used their taser, struck Plaintiff in the face with a fist, kicked him in the face, cursed and subjected Plaintiff to a racial slur, kicked Plaintiff in the groin and struck Plaintiff with a baton.

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Each named Defendant Officer took no action to stop any other officer from applying unnecessary force. Each officer assisted the other officers even though their training should have required each to intercede or prevent any physical injury to the Plaintiff. 68. The Defendant, former Chief of Police and the Defendant City of Dothan each had a duty to properly train their police officers in the proper treatment of citizens and in the proper use of weapons issued to officers. 69. Plaintiff avers that the Defendant former Chief of Police John R. Powell and the Defendant City of Dothan each negligently and/or wantonly failed to adequately train Dothan Police Personnel in the proper use of equipment and what constitutes misuse thereof.
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its police personnel knowing that its personnel had caused injuries in the past and had used excessive force in the past. These Defendants also knew that from failing to properly train these officers injury would likely or probably result. This failure proximately caused the injuries and damages of which Plaintiff makes complaint of herein. 70. As a direct and proximate result of the acts of the Defendant Officers Conner, Watkins, Benny, Owens and Miller, the actions of the Defendant former Chief of Police for the City of Dothan and the Defendant City of Dothan, Plaintiff John Turner suffered the following injuries and damages, to wit: A. Violation of his constitutional rights under the Fourth,

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Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution including the right to be free from cruel and unusual punishment. B. The intentional infliction of emotional distress by cursing and using racial slurs against him. C. Physical pain and suffering and emotional trauma and

suffering, which required the expenditure of money for treatment. D. Long lasting emotional distress due to the infliction of pain and suffering. E. Permanent scarring of the body from the burning of the taser on his skin and the scarring caused by the blows to his body and face. WHEREFORE, Plaintiff John Turner claims damages for the injuries set forth above against the Defendant City of Dothan for negligent training for the sum of Two Million Dollars or as the evidence may show. Count V. (Negligent Supervision Against the Former Chief of Police and the City of Dothan.) 71. Prior to November 20, 2008, the Defendant Officers Conner, Watkins, Benny, Owens and Miller were employed by Police Officers by the Defendant City of Dothan. As such employees they were trained by the Defendant City of Dothan as to when and under what conditions they could employ the use of weapons entrusted to them and supplied by the Defendant City of Dothan.

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72. Each of the named police officer Defendants was employed as a police officer by the City of Dothan for an unknown period of time prior to November 20, 2008. 73. Each of the Defendant Police Officers was trained by the City of Dothan as to when and under what conditions he could employ the use of weapons entrusted to and supplied to him by the City of Dothan. 74. Officer Conner applied a burst of his taser to the Plaintiff while Plaintiff was inside his home, not under arrest, and not in custody. 75. Officer Benny assaulted and battered the Plaintiff by kicking him in the face and intentionally inflicted emotional
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cursing him. 76. Defendant Officer Owens subjected Plaintiff to an assault and battery by kicking Plaintiff in the groin. 77. Defendant Officer Miller subjected Plaintiff to an assault and battery by beating Plaintiff upon Plaintiff's legs with a baton. 78. Each of the aforesaid officers was acting under color of law as an agent, servant or employee of the City of Dothan when they used excessive force as aforesaid. Neither of the officers took any actions to prevent any other officer from applying unnecessary force. Each officer, even though his training should have required him to intercede and prevent any physical injury to

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Plaintiff, failed to do so. 79. Defendant Officers Conner, Watkins, Benny, Owens and Miller as agents, servants, or employees of the Defendant City of Dothan violated the Fourth Amendment rights of Plaintiff in that there was a seizure of Plaintiff's person without probable cause. 80. The Defendant Officers Conner, Watkins, Benny, Owens and Miller violated Plaintiff's Fifth Amendment rights by depriving him of liberty, by inflicting pain, by taking control over his person without any probable cause to do so, by striking him, kicking him, and cursing him, as alleged aforesaid. 81. The actions of Defendants Conner, Watkins, Benny, Owens and Miller violated clearly established and well-settled Federal Constitutional Rights of Plaintiff John Turner, to wit: the freedom from the use of excessive, unreasonable and unjustified force against his person under the Fourth Amendment; freedom from cruel and unusual punishment under the Eighth Amendment; deprivation of life liberty or property under the Fifth Amendment; and while acting under color of law, they intentionally violated Plaintiff's constitutional right under the Fourteenth Amendment to be free from the use of excessive force and denied him equal protection of law. Each of the Defendants acted separately and severely under the color of law and each separately and severely deprived Plaintiff of the rights, privileges and immunities secured to him by the Constitutional of the United States and violated the provisions of 28 U.S.C. Section 1983.

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82. The conduct of each of the Defendants was performed either negligently or knowingly, intentionally and maliciously by reason of which Plaintiff is entitled to an award of actual and punitive damages. 83. The Defendant City of Dothan and the former Chief of Police, John R. Powell, each had a duty to properly supervise their police officers in the proper treatment of citizens of Dothan in the proper use of weapons issued to officers. 84. The Defendant City and Chief of Police negligently or wantonly failed to adequately supervise their personnel in the proper use of and what constitutes the misuse of equipment with which the police personnel were entrusted. Said Defendants consciously failed to properly supervise their personnel knowing that many officers had caused injuries in the past and had used excessive force in the past. The Defendant City of Dothan knew that from failing to supervise its officers, injury would likely or probably result. This failure proximately injured and damaged John Turner. 85. As a direct and proximate result of the acts of the City of Dothan and its then Chief of Police, the Plaintiff suffered the following injuries and damages, to wit: A. Violation of his constitutional rights under the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution including the right to be free from cruel and unusual punishment.

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B. The intentional infliction of emotional distress by cursing and using racial slurs against him. C. Physical pain and suffering and emotional trauma and

suffering, which required the expenditure of money for treatment. D. Long lasting emotional distress due to the infliction of pain and suffering. E. Permanent scarring of the body from the burning of the taser on his skin and the scarring caused by the blows to his body and face. WHEREFORE, Plaintiff John Turner claims damages for the injuries set forth above for negligence supervision against the City of Dothan and its then Chief of Police in the sum of Two
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COUNT VI (Negligent Retention Against the Chief of Police and the City of Dothan) 86. Each of the named police officer Defendants was employed as a police officer by the City of Dothan for an unknown period of time prior to November 20, 2008. 87. Each of the Defendant Police Officers was trained by the City of Dothan as to when and under what conditions he could employ the use of weapons entrusted to and supplied to him by the City of Dothan. 88. Officer Conner applied a burst of his taser to the Plaintiff while Plaintiff was inside his home, not under arrest, and not in custody.

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89. Officer Benny assaulted and battered the Plaintiff by kicking him in the face and intentionally inflicted emotional distress upon Plaintiff by subjecting him to a racial slur and
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90. Defendant Officer Owens subjected Plaintiff to an assault and battery by kicking Plaintiff in the groin. 91. Defendant Officer Miller subjected Plaintiff to an assault and battery by beating Plaintiff upon Plaintiff's legs with a baton. 92. Each of the aforesaid officers was acting under color of law as an agent, servant or employee of the City of Dothan when they used excessive force as aforesaid. Neither of the officers took any actions to prevent any other officer from applying unnecessary force. Each officer, even though his training should have required him to intercede and prevent any physical injury to Plaintiff, failed to do so. 93. Defendant Officers Conner, Watkins, Benny, Owens and Miller as agents, servants, or employees of the Defendant City of Dothan violated the Fourth Amendment rights of Plaintiff in that there was a seizure of Plaintiff's person without probable cause. 94. The Defendant Officers Conner, Watkins, Benny, Owens and Miller violated Plaintiff's Fifth Amendment rights by depriving him of liberty, by inflicting pain, by taking control over his person without any probable cause to do so, by striking him, kicking him, and cursing him, as alleged aforesaid.

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95. The actions of Defendants Conner, Watkins, Benny, Owens and Miller violated clearly established and well-settled Federal Constitutional Rights of Plaintiff John Turner, to wit: the freedom from the use of excessive, unreasonable and unjustified force against his person under the Fourth Amendment; freedom from cruel and unusual punishment under the Eighth Amendment; deprivation of life liberty or property under the Fifth Amendment; and while acting under color of law, they intentionally violated Plaintiff's constitutional right under the Fourteenth Amendment to be free from the use of excessive force and denied him equal protection of law. Each of the Defendants acted separately and severely under the color of law and each separately and severely deprived Plaintiff of the rights, privileges and immunities secured to him by the Constitutional of the United States and violated the provisions of 28 U.S.C. Section 1983. 96. The conduct of each of the Defendants was performed either negligently or knowingly, intentionally and maliciously by reason of which Plaintiff is entitled to an award of actual and punitive damages. 97. The then Chief of Police and the Defendant City of Dothan each had a duty to discharge those officers which improperly violated the rights of citizens of Dothan by the use of unnecessary and excessive force. 98. The Plaintiff alleges that the Defendant City of Dothan and its former Chief of Police negligently or wantonly failed to

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correct, suspend or discharge personnel who misused equipment in such a manner as to violate the rights of the citizens of Dothan and the Plaintiff John Turner. Said Defendants consciously failed to discharge personnel knowing that they had caused injuries in the past and had used excessive force in the past. This failure proximately caused the injuries and damages to John Turner. 99. As a direct and proximate result of said acts of the Defendant City of Dothan and its then Chief of Police, the Plaintiff John Turner suffered the following injuries and damages, to wit: A. Violation of his constitutional rights under the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution including the right to be free from cruel and unusual punishment. B. The intentional infliction of emotional distress by cursing and using racial slurs against him. C. Physical pain and suffering and emotional trauma and

suffering, which required the expenditure of money for treatment. D. Long lasting emotional distress due to the infliction of pain and suffering. E. Permanent scarring of the body from the burning of the taser on his skin and the scarring caused by the blows to his body and face. WHEREFORE, John Turner claims damages for the injuries set forth above for negligent retention against the City of Dothan and

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its then Chief of Police in the sum of Two Million Dollars as the evidence may show.

7Aohn Turner / Plaintiff pro se P 0 Box 6931 Dothan, AL 36302 JURY DEMAND Plaintiff demands a trial by jury.

ohn Turner