Complaint For Damages, Filed 9/8/14

COMPLAINT FOR DAMAGES - 1
MUENSTER & KOENIG

14940 SUNRISE DRIVE NE
BAINBRIDGE ISLAND, WASHINGTON 98110
(206) 501-9565
FAX: (206) 855-1027

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.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT TACOMA

MORGAN F. WEIMER,

Plaintiff,

v.

THE CITY OF SEQUIM, a
municipal corporation,

Defendant.

NO.

COMPLAINT FOR DAMAGES

INTRODUCTION
1. This is a civil action seeking damages against the above-named
defendant. The civil claims include common law tort causes of action,
statutory causes of action, and offenses committed under color of law
resulting in a deprivation of rights secured by the Constitution and laws of the
United States of America.

JURISDICTION AND VENUE
2. This Court has personal and subject matter jurisdiction over
plaintiffs federal civil rights claims under Title 42, United States Code,
1983, and Title 28, United States Code, 1331 and 1343(a)(3).
Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 1 of 10


MUENSTER & KOENIG
(206) 501-9565
FAX: (206) 855-1027

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3. This Court has pendent jurisdiction over plaintiffs state law
claims and over defendant as to said claims, pursuant to Title 28, United
States Code, 1367 (Judicial Improvements Act of 1990), Public Law No.
101-650, 104 Stat. 5089 (1990).
4(a). The acts and omissions complained of herein occurred in city of
Sequim, Washington.
4(b). Defendant city of Sequim is a municipal corporation located
within the State of Washington.
5. Plaintiff Morgan Weimer is a resident and citizen of the state of
Washington.
6. Venue in this Court is proper pursuant to Title 28, United States
Code, 1391.

PARTIES

7. Plaintiff Morgan F. Weimer is a citizen of the United States and a
citizen and resident of the state of Washington.
8. Defendant city of Sequim is a municipal corporation organized
under the laws of the State of Washington. Defendant city of Sequim is sued
directly under Title 42, United States Code, 1983 as to the federal claims, and
under the doctrine of respondeat superior as the state law claims herein.
10. Defendant city of Sequim includes, as one of its agencies, the
Sequim police department.
11. At all times material to this complaint, Grant Dennis was a police


MUENSTER & KOENIG
(206) 501-9565
FAX: (206) 855-1027

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officer employed by defendant city of Sequim. At all times material to this
complaint, Mr. Dennis was an agent and employee of defendant city of Sequim,
and was acting within the scope of his employment with the City of Sequim,
under color of the laws of the State of Washington.
12. Mr. Dennis is not named as a defendant in this lawsuit at this time.

FACTUAL ALLEGATIONS

13. On or about May 12, 2013, plaintiff Morgan Weimer, a local
resident, went to the Oasis Sports Bar and Grill in Sequim [the Oasis] to
enjoy dinner and music. Sequim is located in Clallam County.
14. On that date, officer Dennis [Dennis] was on patrol in Sequim.
He went to the Oasis.
15. While standing at the bar listening to the live music, Mr. Weimer
and a friend were bumped and taunted by other patrons for several minutes.
16. Mr. Weimer told them to knock it off.
17. Mr. Weimer moved his elbow to distance himself from the taunters.
18. Officer Dennis, who was in the bar, grabbed Mr. Weimer with his
hands.
19. Dennis pushed Mr. Weimer to the outside entry.
20. Dennis forcibly pushed Mr. Weimer onto a large planter box outside
the Oasis.
21(a). Mr. Weimer lay on the planter box on his stomach, face down.
21(b). Mr. Weimer was unarmed.


MUENSTER & KOENIG
(206) 501-9565
FAX: (206) 855-1027

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22. Mr. Weimer was held down by two other Sequim officers.
23. While Mr. Weimer lay on his stomach on the planter, Dennis
clenched his hand into a fist and struck a blow to Mr. Weimers lower back in
the area of his kidneys.
24. While Mr. Weimer lay on his stomach on the planter, face down in
the dirt, Dennis struck a second blow to Mr. Weimers lower back in the area of
his kidneys.
25. While Mr. Weimer lay on his stomach, face down, Dennis struck a
third blow to Mr. Weimers lower back in the area of his kidneys.
26. The incident was recorded by an onlooker on his cell phone.
27. The video was posted on social media.
28. The incident was also recorded by a surveillance camera.
29. Mr. Weimer was handcuffed by the Sequim officers.
30. The blows struck by Dennis to Mr. Weimers lower back
proximately caused bodily injury, pain and suffering.
31. Mr. Weimer incurred medical expenses and lost wages.
32. During the incident, Mr. Weimer did not touch, or try to touch, any
of the officers.
33. Mr. Weimer was not told he was under arrest.
34. Mr. Weimer did not resist arrest.
35. Mr. Weimer did not attempt to evade arrest by flight.
36. Mr. Weimer did not pose an immediate threat to officer Dennis.
37. Mr. Weimer did not pose an immediate threat to Dennis
while Dennis struck the blows to Mr. Weimers lower back.


MUENSTER & KOENIG
(206) 501-9565
FAX: (206) 855-1027

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38. Mr. Weimer did not pose an immediate threat to the other officers.
39. Dennis gave no warning to Mr. Weimer before he began the battery
of blows to Mr. Weimers lower back.
40. The city of Sequims policies were a proximate cause of the beating
of Mr. Weimer.
41. At the time of the acts and omissions complained of, Bill
Dickinson was the Chief of the Sequim Police Department and, as such, had
executive and supervisory responsibility for the acts of officer Dennis. Mr.
Dickinson possessed final policy-making and decisional authority regarding
issues of law enforcement, discipline and training within the Sequim Police
Department. He was responsible for the policies, practices and customs of the
Sequim police department, as well as the hiring, screening, training,
supervising, disciplining, counseling and control of the police officers under his
command, including officer Dennis.
42. Mr. Dickinson is not named as a defendant in this lawsuit at this
time.
43. Pursuant to city of Sequim policy, custom and/or usage, Chief
Dickinson approved, acquiesced, ratified and condoned the actions of officer
Dennis in this matter.
44. The actions of defendant city of Sequim and officer Dennis were
done pursuant to and in accordance with city of Sequim policy, custom and/or
usage.
45. The beating of Morgan Weimer was unnecessary under the
circumstances.


MUENSTER & KOENIG
(206) 501-9565
FAX: (206) 855-1027

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46. The beating of Morgan Weimer was unreasonable under the
circumstances.
FIRST CAUSE OF ACTION:
VIOLATION OF FOURTH AMENDMENT PROHIBITION AGAINST THE
USE OF UNREASONABLE FORCE
47. Plaintiff hereby incorporates and re-alleges as if fully set forth
herein each and every allegation of paragraphs 1 through 46.
48. The acts and omissions of defendant Sequim and officer Dennis
herein were done under color of state law, custom or usage.
49. Morgan Weimer was seized, for purposes of the Fourth
Amendment to the United States Constitution, by the acts and omissions of
defendant Sequim and officer Dennis as set forth herein.
50. Morgan Weimer had a federally-protected right, under the Fourth
Amendment, not to be subjected to the use of unreasonable force against his
person.
51. The acts and omissions of defendant Sequim and officer Dennis
herein proximately caused the deprivation of Morgan Weimers Fourth
Amendment rights.
52. As a proximate result of the acts and omissions of defendant
Sequim and officer Dennis and deprivation of his Fourth Amendment rights,
Morgan Weimer suffered personal injuries including, but not limited to, bodily
injury, pain and suffering, fear, emotional distress, medical costs and other
consequential damages.


MUENSTER & KOENIG
(206) 501-9565
FAX: (206) 855-1027

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SECOND CAUSE OF ACTION:
MUNICIPAL LIABILITY OF THE CITY OF SEQUIM

53. Plaintiffs hereby incorporate and re-allege as if fully set forth herein
each and every allegation of paragraphs 1 through 52.
54. At all times material to this complaint, defendant city of Sequim, by
and through its chief of police, Kenneth Dickinson, had in effect certain explicit
and de facto policies, practices and customs which were applied to the beating
of Morgan Weimer.
55. The use of force policy of defendant city of Sequim provided that
officer Dennis could beat Mr. Weimer while Mr. Weimer lay on his stomach
on the planter face down in the dirt, as described above.
56. For the purpose of the beating of Mr. Weimer, it was the policy,
custom and practice of defendant city of Sequim to utilize excessive force in
violation of the Fourth Amendment rights of the plaintiff, as set forth
hereinabove.
57. It was further the policy of city of Sequim, by and through its chief
of police, Kenneth Dickinson, to approve, acquiesce, condone and ratify the use
of unreasonable force in violation of the Fourth Amendment rights of the
plaintiff set forth hereinabove.
58. For purposes of liability for said policies, practices and/or customs,
chief of police Kenneth Dickinson was the authorized policy maker on police
matters, and his decisions, explicit and de facto, were and are binding on
defendant city of Sequim.


MUENSTER & KOENIG
(206) 501-9565
FAX: (206) 855-1027

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59. The policy, practice and custom of approving, acquiescing in,
condoning and/or ratifying the use of unreasonable force in violation of the
Fourth Amendment rights of the plaintiff was a deliberate choice by defendant
city of Sequim, by and through its chief of police.
60. Pursuant to the city of Sequims policy approving, acquiescing in,
condoning and ratifying the use of unreasonable force in violation of the Fourth
Amendment rights of the plaintiff, no disciplinary action was taken by police
chief Dickinson against officer Dennis.
61. These policies, practices and customs were maintained with
deliberate, reckless and/or callous indifference to the constitutional rights of the
plaintiff as set forth hereinabove.
62. The above-described policies, practices and customs of defendant city
of Sequim proximately caused the deprivation of the Fourth Amendment rights
of the plaintiffs.
63. As a proximate result of the above-described policies, practices and
customs of defendant city of Sequim, and as a result of the deprivation of
plaintiffs Fourth Amendment rights, plaintiff suffered personal injuries as set
forth hereinabove.

THIRD CAUSE OF ACTION:
ASSAULT AND BATTERY
64. Plaintiff hereby incorporates and re-alleges, as if fully set forth herein,
each and every allegation of paragraphs 1 through 63.


MUENSTER & KOENIG
(206) 501-9565
FAX: (206) 855-1027

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65. Officer Dennis assaulted and battered Plaintiff Morgan Weimer
while he lay on the planter on his stomach, face down in the dirt.
66. Defendant City of Sequim is liable for the actions of officer Dennis
under the doctrine of respondeat superior. Officer Dennis is not being sued
individually in this cause of action at this time.
67. As a direct, proximate and foreseeable result of the wrongful actions
described hereinabove, plaintiff has been damaged in an amount in excess of the
minimum jurisdiction of this Court.

JOINT AND SEVERAL LIABILITY

68. Defendant city of Sequim is responsible for the fault of officer Grant
Dennis, because officer Dennis was acting as an agent, employee or servant of
the city.

PRAYER FOR RELIEF

WHEREFORE, plaintiff prays for relief as follows:
69. Compensatory Damages: The defendant city of Sequim should be
required to pay compensatory damages in an amount to be proven at trial.
70. Attorneys' Fees and Costs: The defendant city of Sequim should be
required to pay the plaintiffs reasonable attorneys' fees and costs pursuant to


MUENSTER & KOENIG
(206) 501-9565
FAX: (206) 855-1027

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Title 42, United States Code, 1988.

71. Other Relief: The Court should grant the plaintiff such other and
further relief as the Court deems just and equitable.
DATED this the 8th day of September, 2014.

Respectfully submitted,

MUENSTER & KOENIG

By: S/John R. Muenster
JOHN R. MUENSTER
Attorney at Law
WSBA No. 6237
jrmuenster@muensterkoenig.com

JOHN D. BLACK, PLLC

By: S/John D. Black
JOHN D. BLACK
Attorney at Law
WSBA No. 32109
jdblack@olypen.com

Of Attorneys for Plaintiff
CERTIFICATE OF SERVICE

The undersigned hereby certifies that on or about the 8th day of September, 2014, I
filed a true and correct copy of the foregoing document with the Clerk of the Court, to be
served on counsel of record via ECF.
S/ John R. Muenster
Muenster & Koenig

Complaint For Damages, Filed 9/8/14

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COMPLAINT FOR DAMAGES - 1

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