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UNITED STATES DISTRICT COURT


EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
)
ERICA MOORE as
)
Personal Representative of the
)
Estate of AIYANA STANLEY-JONES,
)
Deceased, and DOMINKA STANLEY,
)
)
Plaintiffs,
)
)
-vs)
)
OFFICER JOSEPH WEEKLY, and
)
ROBERT ROWE in their individual and
)
Official capacities, and other UNKNOWN )
MEMBERS OF THE DETROIT POLICE )
DEPARTMENT SPECIAL RESPONSE
)
TEAM, THE DETROIT POLICE
)
DEPARTMENT and
)
THE CITY OF DETROIT,
)
a Municipal corporation, jointly and
)
severally
)
)
Defendants.
)

Civil Action No._______


Hon. _________________

COMPLAINT AND JURY REQUEST


Plaintiff, by and through his attorneys, Fieger, Fieger, Kenney & Harrington,
P.C., and for his Complaint and Jury Demand, states as follows:
INTRODUCTION
1.

This is an action for money damages brought pursuant to 42 USC 1983 and

1988, and the 4th Amendment (through the 14th Amendment) to the United States
Constitution, and under the statutes and common law of the State of Michigan against
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Dertroit Police Officers Joseph Weekly, Robert Rowe and other unknown members of
the Detroit Police Department and the City of Detroit. Jurisdiction is based upon 28 USC
1331 and 1343. The amount in controversy in this case is well in excess of
$75,000.00, the jurisdiction minimum.
PARTIES
2.

Plaintiff, Erica Moore, is the duly appointed Personal Representative of the Estate

of Aiyana Stanley-Jones, Deceased. She files this lawsuit in both her individual capacity
and as her representative capacity on behalf of the Estate of Aiyana Stanley-Jones.
3.

Dominka Stanley is the mother of seven-year-old Aiyana Stanley-Jones,

deceased.
4.

Detroit Police Officer Joseph Weekly is a member of the Detroit Police

Department Special Response Team who shot and killed Aiyana Stanley-Jones.
5.

Detroit Police Officer Robert Roe is a member of the Detroit Police Department

Special Response Team who fired or threw the flash-bang grenade through the window
of the lower unit in the duplex.
6.

Defendants other unknown Members of the Detroit Police Response Team

believed to number 20 individuals and include supervisors and officers who formulated
and participated in the raid on the Lillibridge Street duplex.
7.

At all times relevant to this lawsuit, Defendant City of Detroit (City) is a

municipal corporation located in Wayne County, State of Michigan and among other
services, it provides to its residents a police agency, namely the City of Detroit Police
Department, which acts under the color of Michigan state law.
COMMON FACTUAL ALLEGATIONS

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At approximately 12:40 a.m. on May 16, 2010, the Detroit Police Department

Special Response Team arrived at a duplex at 4054 Lillibridge Street on Detroits


Eastside to serve an arrest warrant on a homicide suspect believed to be in the upstairs
unit.
9.

The Detroit Police Special Response Team tossed or fired a flash-bang grenade

through the front window of the lower unit in the duplex.


10.

The flash-bang grenade struck the decedent, seven-year-old Aiyana Stanley-

Jones, who was asleep on the couch in the downstairs unit prior to the intrusion.
11.

Police then immediately blindly fired random shots into the lower duplex from the

outside.
12.

One of the shots fired by Detroit Special Response Team struck seven-year-old

Aiyana Stanley-Jones in the neck and went into her brain, fatally injuring her.
13.

In an intentional cover-up conspiracy to hide what had happened, Detroit Special

Response Team Officer Joseph Weekly rushed into the house and made physical contact
in the front room with Mertilla Jones, Aiyana Stanley-Jones grandmother.
14.

Aiyanas father, Charles Jones, entered the front room of the lower unit in time to

see his mother, Mertilla Jones being detained and to observe his mortally wounded
daughter being carried out of the house before Charles Jones was order to the floor and
kept cuffed there for up to two hours.
15.

Detroit police have confiscated the burned Disney Princess blanket Aiyana

Stanley-Jones was sleeping with as well as the burned couch she was lying on when she
was shot and killed.

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16.

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At all times material and relevant neither Joseph Weekly, nor Robert Rowe, nor

any of the Detroit Police Department Special Response Team had any justifiable excuse
or reason to throw or shoot a flash-bang grenade into the lower unit of the duplex or to
discharge their weapons wildly into the unit where the seven-year-old Aiyana StanleyJones was sleeping.
17.

Aiyana Stanley-Jones did not die immediately, and instead suffered great

conscious pain and suffering as a direct and proximate result of the said acts of the
Defendants Weekly and Rowe and The Detroit Police Response Team. Seven-year-old
Aiyana Stanley-Jones suffered the following injuries and damages:
a. Violation of her constitutional rights under the 4th Amendment (through the
14th Amendment) to the United States Constitution including, but not limited
to, the right to be free from an unreasonable seizure of his person and/or to be
free from the unnecessary and excessive use of deadly force;
b. Loss of her life;
c. Physical pain and suffering and emotional trauma and suffering;
d. Medical, funeral and burial costs;
e. Loss of wages and/or earning capacity;
f. Loss of services, care, society, love, companionship, comfort and protection
between Aiyana Stanley-Jones and all family members and/or persons of her
Estate, as recoverable under the Michigan Wrongful Death Act, MCL
600.2922.
18.

That as a direct and proximate result of Defendants constitutional torts,

Plaintiffs have suffered, and will continue to sustain the loss of society and
companionship of their seven-year old daughter Aiyana Stanley-Jones.

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COUNT I
42 U.S.C. 1983 EXCESSIVE FORCE AND/OR UNLAWFUL USE OF DEADLY
FORCE-DEFENDANTS JOSEPH WEEKLY AND ROBERT ROWE
19.

Plaintiff incorporate by reference their allegations contained in Paragraphs 1

through 18, above, as though fully set forth herein.


20.

Plaintiff seeks damages for injuries suffered by Aiyana Stanley-Jones and the

members of her family as set forth and described above pursuant to 42 U.S.C.1983
against Defendants Joseph Weekly.
21.

Pursuant to the 4th Amendment (through the 14th Amendment) to the United

States Constitution, at all times relevant, Aiyana Stanley-Jones had the right to be free
from unlawful seizure, excessive force, and the unlawful use of deadly force.
22.

At all times relevant, as police offers acting under color of law, Defendant Joseph

Weekly, Robert Rowe and other unknown members of the Detroit Police Department
Special Response Team were required to obey the laws of the United States including
those laws identified and described in the 4th Amendment to the United States
Constitution.
23.

To the contrary, in clear violation of the United States Constitution, including but

not limited to the 4th Amendment, Defendants Joseph Weekly and Robert Rowe
unlawfully seized Aiyana Stanley-Jones, used excessive force against her and unlawfully
used deadly force thereby inflicting horrendous personal injuries and ultimately death
from which certain damages naturally followed to the members of Aiyana Stanley-Jones
family and/or Estate.
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24.

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Pursuant to 42 U.S.C. 1983, Defendants are liable for all damages allowed

under federal law and under the Michigan Wrongful Death Statute MCL 600.2922. To
the extent that the damages allowable and/or recoverable under one or both of the statutes
are deemed insufficient to fully compensate the Plaintiffs and/or to punish or deter the
Defendants, this Court must order additional damages to be allowed so as to satisfy any
and all such inadequacies.
25.

Pursuant to the unlawful and unconstitutional actions perpetrated by Defendants,

Aiyana Stanley-Jones and/or the members of her family have suffered the following
injuries and damages for which compensation is hereby demanded.
a. Reasonable medical, funeral and burial expenses;
b. Severe and permanent brain injury and death;
c. Emotional distress;
d. Loss of personal freedom and liberty;
e. Pain and suffering;
f. Fright and shock;
g. Horror, outrage and indignity;
h. Economic damages including lost wages and/or loss of earning capacity;
i. Exemplary damages;
j. Loss of love, society and companionship for the members of the Decedents Estate;
k. Loss of services, gifts and/or gratuities;
l. An award of punitive damages;
m. An award of hedonic damages;
n. Reasonable attorney fees and costs;

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o. Expenses for the administration of the Estate; and


p. All other such relief which appears reasonable and just under the circumstances.
WHEREFORE, Plaintiff requests that this Court award to the Estate and against the
Defendants the following damages and/or relief:
a. Compensation for all allowable economic damages;
b. Compensation for all allowable non-economic damages;
c. Punitive damages
d. Hedonic damages;
e. Exemplary damages;
f. Attorney fees and costs;
g. Interest on all allowable damages;
h. Any and all additional damages allowed under Michigan law including the
Wrongful Death statute, MCL 600.922.
i. Any and all additional damage allowed under 42 U.S.C. 1983 and/or federal
common law; and
j. Such other and further relief as appears reasonable and just under the
circumstances of this case.
COUNT II
42 U.S.C. 1983 VIOLATION OF CIVIL RIGHTS THROUGH
SUPERVISION CUSTOMS, POLICIES, ACQUIESCENCE, AND
TRAINING-DEFENDANTS UNKNOWN DETROIT SPECIAL RESPONSE
TEAM SUPERVISORS, DETROIT POLICE DEPARTMETN AND CITY
OF DETROIT
26.

Plaintiffs incorporate by reference their allegations contained in Paragraphs 1

through 25 above as though fully set forth herein.


27.

The Detroit Police Special Response Teams improper and unconstitutional fatal

actions in this situation were caused by the moving force of the Citys unconstitutional
training and policies and procedures which have led to the establishment of a custom of
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allowing the Citys police officers in general and the Detroit Police Department Special
Response Team, in particular, to utilize excessive and unconstitutional force against
members of the public.
28.

By these actions, Defendants have caused Aiyana Stanley-Jones to suffer fatal

injuries, including but not limited to:


a. Physical pain and suffering;
b. Mental anguish;
c. Fright and shock;
d. Loss of personal Freedom and liberty;
e. Horror, outrage, and indignity;
f. Loss of love, society and companionship for members of the Decedents Estate.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in his favor and against Defendants jointly and severally as well as award
costs, interest, attorney fees and punitive damages so wrongfully incurred.
COUNT III
1983 CONSPIRACY BY ALL DEFENDANTS
29.

Plaintiffs incorporate by reference their allegations contained in Paragraphs 1

through 28, above, as though fully set forth herein.


30.

Upon Defendants realizing that they had critically injured the seven-year-old girl,

they intentionally conspired to cover-up their unlawful acts by providing false and
fictitious information to the authorities and to the media regarding the shooting of Aiyana
Stanley-Jones, including falsely claiming that the bullet that killed her was fired from
inside the lower unit of the duplex rather than from the outside, and that the discharge of

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the firearm was the result of a physical struggle between Mertilla Jones, Aiyanas
grandmother and the Defendant members of the Detroit Police Special Response Team.
31.

Defendant acted in concert to cover-up the facts and circumstances of the fatal

shooting of Aiyana Stanley-Jones.


32.

As soon as Defendants realize that they had entered the wrong unit of the duplex

and had burned, shot and mortally wounded the innocent seven year old Aiyana StanleyJones, they mutually, either tacitly or overtly, agreed to commence a conspiracy to coverup the facts of what they had done.
33.

Defendants conspiracy sought to deprive Plaintiff Aiyana Stanley-Jones and her

family of their constitutional rights.


WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in his favor and against Defendants jointly and severally as well as award costs,
interest, attorney fees and punitive damages so wrongfully incurred.
REQUEST FOR JURY TRIAL
Plaintiffs, by and through their attorneys, Fieger, Fieger, Kenney & Harrington,
P.C., hereby request a trial by jury in the above-captioned matter.

Respectfully Submitted
/s/ GEOFFREY N. FIEGER
_________________________________
GEOFFREY N. FIEGER (P30441)
Attorneys for Plaintiff
19390 West Ten Mile Road
Southfield, MI 48075
(248) 355-5555
g.fieger@fiegerlaw.com
Dated:

April 1, 2015
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