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Paul Gattone State Bar Number 012482 LAW OFFICE OF PAUL GATTONE 312 S. Convent Tucson, Arizona 85701 (520) 623-1922 Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA DANIEL PATTERSON, Plaintiff, Vs. PIMA COUNTY SHERIFFS OFFICE, Defendant, CITY OF TUCSON, an Arizona municipality; Pima County Sheriff CLARENCE DUPNIK, in his individual and official capacity; Tucson City Attorney, MICHAEL RANKIN in his individual and official capacity, DEPUTY JOHN/JANE DOE (1), in his/her individual and official capacity as a Pima County Sheriffs Deputy; DEPUTY JOHN/JANE DOE (2), in his/her individual and official capacity as a Pima County Sheriffs Deputy Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No.

FIRST AMENDED CIVIL RIGHTS COMPLAINT FOR DAMAGES

(Jury Trial Requested)

___________________________________

Comes now the Plaintiff who alleges: 1. INTRODUCTION This civil action for damages is based on emotional harm inflicted on the Plaintiff by

the Defendants while acting in their capacity as law enforcement officers and governmental agents of the Pima County Sheriffs Office and the City of Tucson. Defendants deprived Plaintiff of his civil -1-

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rights, privileges and immunities as guaranteed under the Fourth, Fifth and Fourteenth Amendments of the United States Constitution. This civil action for money damages is brought pursuant to 42 U.S.C. 1983 and 1988 and the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, and of the Constitution of the state of Arizona. 2. This Court also has jurisdiction of this action pursuant to 28 U.S.C. 1331 and

1343 and pursuant to its pendent jurisdiction over all claims arising under state law. 3. PARTIES Plaintiff Daniel Patterson is a former Arizona State Representative, who does, and at

all times relevant to the facts herein alleged, did reside in Pima County. 4. Defendant Pima County Sheriffs Department is the entity responsible for law

enforcement and protection of the citizens of Pima County, Arizona, and as such has overall responsibility for the training, supervision and discipline of members of the officers of the Pima County Sheriffs Office as well as for the Offices policies and practices. 5. Defendant City of Tucson, is, and at all times relevant to the facts alleged herein was,

a municipal corporation, duly organized and existing under the laws of the State of Arizona. Defendant City of Tucson is responsible for the actions, omissions, policies, procedures, practices and customs of its various agents and agencies, including the City Attorneys Office and its agents and employees. At all times relevant to the facts alleged herein, the City of Tucson was responsible for assuring that the actions, omissions, policies, procedures, practices and customs of the Tucson Police Department and its employees complied with the laws and Constitution of the United States and of the State of Arizona. The constitutional violations and torts committed by the Defendants resulted from policies and customs of the City of Tucson.

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6.

Defendant Pima County Sheriff Clarence Dupnik was, and is at all times relevant to

the facts alleged herein, the duly elected Sheriff of Pima County and as such was responsible for the operation of the Pima County Sheriffs Department and for all officers/deputies acting with the scope of their employment with the Department. Defendant Dupnik is being sued in his professional and individual capacities. 7. Defendant Michael Rankin, is, and was at all times relevant to the facts alleged herein

the City Attorney for the City of Tucson and was responsible for the charging and prosecution of Plaintiff in Tucson City Court. Defendant Rankin is being sued in his professional and individual capacities. 8. Defendant Pima County Sheriffs Deputy John/Jane Doe (1) was, and is at all times

relevant to the facts alleged herein, a duly appointed deputy of the Pima County Sheriffs Department acting within the course and scope of his/her employment and under color of state law. 9. Defendant Pima County Sheriffs Deputy John/Jane Doe (2) was, and is at all times

relevant to the facts alleged herein, a duly appointed deputy of the Pima County Sheriffs Department acting within the course and scope of his/her employment and under color of state law. 10. At all times relevant to the facts alleged herein, all individual Defendants were duly

appointed, qualified and sworn personnel and/or agents of the Pima County Sheriffs Office or the City of Tucson, employed as such and by the Office or City and acting within the course and scope of their employment and/or agency and under color of state law. 11. All acts and failures to act alleged herein were duly performed by and attributable to

all Defendants, each acting as agent, employee or under the direction and control of the others. All such acts and failures to act were within the scope of such agency and/or employment and under -3-

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color of law, and each Defendant participated in, approved and/or ratified the acts and omissions of other Defendants complained of herein. 12. Plaintiff sues all Defendants in their individual capacities.

FACTUAL ALLEGATIONS RELEVANT TO ALL CAUSES OF ACTION 13. On February 24, 2012, Plaintiff Patterson called Tucson Police Department regarding

an alleged domestic incident. 14. an arrest. 15. After this incident and in light of the fact that Plaintiff Patterson was an elected Tucson Police Officers arrived and after speaking with the parties left without making

official, Officers of the Tucson Police Department informed the media that there was no problem regarding this incident and that no charges were going to be filed as a result. 16. On March 4, 2012, Plaintiff Patterson was an Arizona Representative serving in the

state legislature. 17. 18. On March 4, 2012, the Arizona Legislature was in legislative session. Article 4 Part 2 Section 6 of the Arizona Constitution states that members of the

legislature shall not be subject to any civil process during the session of the legislature. 19. After the alleged incident of domestic violence, but while the Arizona Legislature was

still in session, Pima County Sheriffs Deputies, including John/Jane Doe (1) and (2) came to Plaintiffs home to serve Plaintiff with civil process. 20. Despite the fact that the Deputies actions violated the above cited provision of the

Arizona Constitution and despite being reminded of this repeatedly by Plaintiff, Plaintiff Patterson was served with civil service at his home in Tucson. -4-

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21.

The deputies, including Defendant Jane/John Doe (1) and (2), dismissed Plaintiffs

assertions that their actions were prohibited by the above cited provision of the Arizona Constitution. 22. The deputies, including Defendant Jane/John Doe (1) and (2), used their vehicles to

block Plaintiffs vehicle and in order to prevent him from backing out of his driveway. 23. The deputies including Defendant Jane/John Doe (1) and (2) then served Plaintiff

with protective orders taken out by his girlfriend and ex-wife. 24. Despite the assertions of the TPD officials regarding the incident on February 24,

2012, Plaintiff Patterson was charged with four misdemeanor crimes by the City of Tucson and the Tucson Police Department for an alleged domestic incident. 25. These charges are filed against Plaintiff despite the fact that Article 4 Part 2 Section 6

of the Arizona Constitution grants members of the Arizona legislature immunity from arrest during a legislative session. 26. Defendant Rankin was reminded of this immunity by Plaintiffs defense counsel in a

letter dated March 7, 2012. 27. On March 26, 2012, the alleged victim publicly recants her statements regarding the

alleged domestic incident. 28. The alleged victim also recanted her allegations with representatives of the City

Prosecutors Office. 29. 30. Despite this, the prosecution of Plaintiff Patterson proceeded. In light of the unfavorable publicity caused by this unfounded prosecution, Plaintiff

was forced to resign his elected position in the Arizona House of Representatives. 31. On August 22, 2012, Plaintiff Patterson is found not guilty of all charges. -5-

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32.

Despite this verdict of acquittal, Baird Greene, from the Tucson City Attorneys

Office continued to make misleading and defamatory statements to the press regarding the failure of the alleged victim to appear at trial. 33. These misleading statements were such that they could give the impression that

Plaintiff had something to do with the fact that the victim did not appear in Court. 34. These statements were made despite the fact that the Tucson City Prosecutors Office

knew well in advance of the trial date that the alleged victim had withdrawn her allegations and had not been in touch with the prosecution. 35. As a result of the criminal prosecution, and the negative publicity generated by the

prosecution, Plaintiffs employment prospects were negatively impacted and Plaintiff has suffered severe financial hardship. 36. Since this prosecution and the negative publicity surrounding this prosecution,

Plaintiff has been unable to find employment in the area of politics or public policy. 37. Each Defendant acted or failed to act in a manner that contributed to the violations of

the law set out below. They participated in a common operation that resulted in the above described violation of Plaintiffs civil rights, or allowed acts to be set in motion that they knew or should have known would lead to these injuries and illegal consequences. 38. As a direct and proximate result of the above acts of the Defendants, Plaintiff suffered

the following injuries and damages: A) Violation of his constitutional rights under color of state law: B) Physical, mental and emotional pain and suffering:

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C) Violation of his right under by officials acting under color of state law, and in violation of his rights as an elected official of the State of Arizona. COUNT ONE (42 U.S.C. 1983 Against All Defendants) 39. Plaintiff restates and incorporates by reference each and every allegation contained in

the foregoing paragraphs, as though fully set forth herein. 40. Plaintiff claims damages under 42 U.S.C. 1983 against Defendants for violating his

civil rights under color of state law. 41. As a direct and proximate result of Defendants actions, Plaintiff suffered mental

injury, pain and suffering, mental anguish, emotional losses and loss of income and economic opportunities. COUNT TWO (Constitutional Violations - Fifth and Fourteenth Amendments Claim) 42. Plaintiff restates and incorporates by reference each and every allegation contained in

the foregoing paragraphs, as though fully set forth herein. 43. Plaintiff claims damages under the Fifth and Fourteenth Amendments to the United

States Constitution for failure to receive due process. 44. As a direct and proximate result of Defendants actions, Plaintiff suffered mental

injury, pain and suffering, mental anguish, emotional losses, loss of income and economic opportunities. COUNT THREE (Constitutional Violations Fourth and Fourteenth Amendments Claim)

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45.

Plaintiff restates and incorporates by reference each and every allegation contained in

the foregoing paragraphs, as though fully set forth herein. 46. Plaintiff claims damages under the Fourth and Fourteenth Amendments to the United

States Constitution for violation of his right under the Due Process Clause to be free from criminal prosecution except upon probable cause. 47. As a direct and proximate result of Defendants actions, Plaintiff suffered mental

injury, pain and suffering, mental anguish, emotional losses, loss of income and economic opportunities.

CLAIM FOR RELIEF WHEREFORE, the Plaintiff asks that this court grant him the following relief: a. General damages against Defendants in an amount to be determined upon consideration of the evidence; b. Punitive damages against Defendants in an amount to be determined upon consideration of the evidence; c. Costs of this suit; d. Attorneys fees pursuant to applicable statutes, including, inter alia, 42 U.S.C. 1983 and 1988; a. Granting any and all other relief that the court deem appropriate.

JURY TRIAL DEMANDED

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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 -9_s/Paul Gattone______________________ Paul Gattone Attorney for Plaintiff REPECTFULLY SUBMITTED this 14th day of November 2013.

JS 44 (Rev. 12/12)

Case 4:13-cv-01779-BGM Document 1-1 Filed 11/14/13 Page 1 of 2

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
Daniel Patterson
(b) County of Residence of First Listed Plaintiff

DEFENDANTS
Pima County Sheriff's Department, Michael Rankin, Clarence Dupnik, PCSD John/Jane Does 1-2

Pima

County of Residence of First Listed Defendant

NOTE:

Pima

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)

Paul Gattone - Law Office of Paul Gattone 312 S. Convent Tucson, AZ 85701 (520)623-1922

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1 U.S. Government Plaintiff U.S. Government Defendant 3 Federal Question (U.S. Government Not a Party) Diversity (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only) PTF Citizen of This State 1 Citizen of Another State Citizen or Subject of a Foreign Country 2 3 DEF 1 2 3 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 6 5 6

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee 510 Motions to Vacate Sentence 530 General 535 Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions

V. ORIGIN (Place an X in One Box Only)

1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District
(specify)

6 Multidistrict Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause:

42 USC Section 1983 and Constitutional Provisions

Plaintiff was an state legislator in Arizona and was wrongfully prosecuted and served with process.
DEMAND $ CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER

CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE
DATE

SIGNATURE OF ATTORNEY OF RECORD

11/14/2013
FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/12)

Case 4:13-cv-01779-BGM Document 1-1 Filed 11/14/13 Page 2 of 2

Authority For Civil Cover Sheet

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

(b)

(c)

II.

III.

IV.

V.

VI.

VII.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.