Professional Documents
Culture Documents
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DEMETRICE SIGHTLER,
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Plaintiff,
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v.
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CITY OF SAN DIEGO,
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SDPD OFFICER DAVE NISLEIT,
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SDPD OFFICER BENJAMIN MCCURRY, )
and DOES 1-30,
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Defendants.
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JURISDICTION
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Federal jurisdiction is founded upon the existence of a federal question, the Civil
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Venue in the Southern District of California is proper because the injuries to Mr.
SIGHTLER occurred herein and further because the Defendants are believed to reside
in said district.
PARTIES
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material times mentioned herein was a resident of the City of San Diego, in the State of
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California.
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1-30, who performed all of the herein alleged acts for, and in the name of, the CITY.
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Officer Defendants) were duly constituted law enforcement officers employed by the
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SAN DIEGO POLICE DEPARTMENT and are charged with administering and
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maintaining laws in the jurisdiction of the CITY OF SAN DIEGO and STATE OF
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CALIFORNIA. Thus, they were the agents, servants, and/or employees of the CITY
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OF SAN DIEGO and in doing the acts herein alleged, were acting within the course
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and scope of their agency and/or employment, and with the permission, consent and
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authority of the CITY OF SAN DIEGO. The acts of the Defendants were also done
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under the color and pretense of the statutes, ordinances, regulations, customs and
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complained of in their individual and official capacities, in the course and scope of
The CITY OF SAN DIEGO ("the CITY"), is and was at all times mentioned
Plaintiff alleges that all the individual Defendants carried out the acts
their employment, and under color of law. All individuals Defendants are sued both in
Plaintiff which were clearly established and which they had a mandatory duty to
uphold. No reasonable official similarly situated to any of the Defendants could have
believed that his/her conduct was lawful or within the bounds of reasonable discretion.
All individual Defendants, including all individual DOE defendants, thus lack
immunity from suit or liability. This extends both to statutorily created immunity and
Regarding all actions and causes of action herein alleged and stated, all
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constitutional rights brought under 42 U.S.C. 1983 based upon Plaintiff's Monell
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cause(s) of action. The bases for the CITY's liability in this context include, but are not
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limited to, the SDPD's supervisors' ratification of the illegal and unconstitutional
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conduct of their subordinate SDPD officers, and the fact that the violation of Plaintiff's
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rights was the result of an actual or de facto policy that tolerated the violations of
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citizens' rights by SDPD officers. This liability is both direct and is based on the
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causes of action brought against any policy-making DOE Defendants who may be
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named later, (to wit, the current SDPD Chief, Assistant Chief, or any other DOE
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1983. Patsy v. Board of Regents, 457 U.S. 496 (1982); Heath v. Cleary, 708 F.2d
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Any administrative claims process set forth in California state law need not be
GENERAL ALLEGATIONS
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dynamic entry of a private home does not exempt their conduct from Fourth
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SIGHTLER resided at 3659 Lemona Avenue, San Diego California 92105. 3659
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heavy set, has long hair typically worn in a ponytail and has a beard, resided in
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Apartment #3 with his girlfriend, Kristina Baca. Apartment # 3 is located in the front
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man with short hair and a goatee, is at the back of the building.
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Lemona Avenue no less than five (5) times prior to September 9, 2015 and responded
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12.1 These calls included 3 noise complaints (California Penal Code 415) regarding
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8/7/14 @ 19:11. He was never arrested or cited during these contacts, which all
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12.2 On 8/4/14 @ 20:21, the SDPD received a call from Apartment #2 regarding a
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12.3 On 8/21/14 @ 18:44, the SDPD received a call from Apartment #5 regarding a
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12.4 Finally, on 9/9/14 @ 15:40, the SDPD received another call regarding
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SIGHTLERs girlfriend, had in fact placed this 911 call, leading to a police response to
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Apartment #5. As such, the names of the occupants of Apartment #5 and Ms.
According to official records, the SDPD has received calls for service to 3659
12.5 Plaintiff is informed and beleives and therefore alleges all these calls were
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the SDPD was told by an as yet unidentified third party that a man was holding a gun
to a womans head. Lt. Kevin Mayer, an SDPD spokesperson, later told a reporter that
the SDPD was indeed responding to a such a call. He would not discuss the source of
the information.
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The SDPD responded with a full scale SWAT response, dispatching an unknown
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number of officers responded to the scene. According to the SDPD official website, its
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14.1 Performs hostage rescues and responds to special weapons and tactics
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emergencies.
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NISLEIT, an SDPD Captain who is beleived to be the Watch Commander of the Mid
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incident, taken by a neighbor, shows several police cars parked and/or pulling up to the
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building, officers equipped with tactical gear, holding semi-automatic weapons, and a
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military rifle. In 2008, the San Diego Police Department acquired 75 M16s from the
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U.S. Department of Defense under the DODs Excess Property Program, also known as
Plaintiff is informed and believes and therefore alleges that Defendant DAVE
In the video, two officers run up the street, brandishing what look like M16s, a
the 1033 program, which has received scrutiny after reports that vehicles and weapons
police used to respond to protestors in Ferguson, Missouri, were purchased through the
program.
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with groceries, he witnessed the foregoing. He was ordered by a loud voice to step
onto his balconywhich faces the street and overlooks the apartments parking
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guns pointed at him. He also observed dancing red dots on his chest, which he
When Mr. SIGHTLER poked his head outside to see if his girlfriend needed help
From the balcony Mr. SIGHTLER counted at least four police officers with
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recognized from movies as coming from laser rifle scopes, suggesting to him that there
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were more officers that he couldnt see. He quickly came to the conclusion that he
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holds his hands in the air as he tries to explain to officers that they have the wrong
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man. An officer tells him that they are responding to a report of domestic violence. He
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name. Mr. SIGHTLER yells You have the wrong house! You are looking for
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finally acknowledged that Mr. SIGHTLER was not the person they are looking for. At
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that point, Mr. SIGHTLER becomes irate, swearing at officers who still had not
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lowered their weapons. When he looked down at the officer positioned closest to him,
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whose rifles red dot was still on his chest, he saw him laughing. Mr. SIGHTLER
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was eventually free to go back inside his apartment. Mr. SIGHTLER thought he was
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going to die, and never see his kids again. He thought I was going to get killed on my
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balcony.
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may be weapons and a victim in danger, their response was to employ heavy-duty
After more than 10 minutes of being held at gunpoint, afraid to move, the police
While it may be true that the police responded to a scene where they think there
weaponry suitable for a war zone and engage an innocent person based on very little
information.
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commanding officer on the scene, Defendant NISLEIT. Mr. SIGHTLER tried to get
more information and state his intention to lodge a Complaint. Defendant NISLEIT
instead asked whether he had a criminal history and the details thereof, but otherwise
ignored him. Mr. SIGHTLER felt intimidated by the questioning, and did not provide
that information. Defendant NISLEIT stated to him that I hope my officers dont
Mr. SIGHTLER went outside and almost immediately was contacted by the
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The alleged abuser in #5 was never arrested nor even questioned that day as far
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as Mr. SIGHTLER knows. He might not have even been home. Mr. SIGHTLER
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knows for sure the girlfriend/victim was not in the apartment, because she (Patricia
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LNU) drove up shortly after Mr. SIGHTLER had left his balcony and was talking to
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Police Station to file a complaint. They were told that Mr. SIGHTLER first needed to
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Mr. SIGHTLER and Ms. Baca that the call they received that day was like a game of
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telephone, where information had been passed along to the point of being vague. In
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other words They got a call from someone who got a call from someone. Mr.
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SIGHTLER did not feel comfortable lodging a complaint with one of the officers he
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was complaining about. Defendant NISLEIT, the stations Captain, tried to convince
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him that he did not have a valid complaint, either. Mr. SIGHTLER left the station
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obstruct or delay an officer in the performance of their official duties, disturb the
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peace, or refuse to cooperate in a manner which was not lawfully within his
Shortly after the incident, Mr. SIGHTLER and Ms. Baca went to the Mid-City
At no point in time did Mr. SIGHTLER act suspicious, give elusive answers,
constitutional rights. He did not strike, attempt to strike, resist, or take flight or
commit any illegal acts or otherwise engage in conduct which in any way justified the
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suspicion to do so. By virtue of the extreme manner in which he was held, he was in
fact and law arrested without any probable cause to believe he was subject to arrest.
have believed that Mr. SIGHTLER was subject to either arrest or a prolonged
detention.
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would have believed that they were entitled to train firearms on Mr. SIGHTLER for
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occurs even when an unintended person or thing is the object of the detention or taking,
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... but the detention or taking itself must be willful. A plaintiff is seized if there is
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warrant or was ultimately placed under arrest. Brower v. County of Inyo, 489 U.S.
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One need not be the target of a search or be the person named in an arrest
Both the decision to deploy a SWAT team as well as the manner in which the
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SWAT team carries out its duties may each violate the Fourth Amendment. Holland ex
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inescapably involves the immediate threat of deadly force. Such a show of force should
based upon what the officers know at that time. Where a person has submitted to the
officers' show of force without resistance, and where an officer has no reasonable cause
to believe that person poses a danger to the officer or to others, it is excessive and
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simply holding the weapon in a fashion ready for immediate use. Holland ex rel.
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the scene, they are liable for the alleged unconstitutional acts of their subordinates
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because Mr. SIGHTLER will be able to prove an affirmative link through facts
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See Winters v. Board of County Comm'rs, 4 F.3d 848, 855 (10th Cir.1993) (citing
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Rizzo v. Goode, 423 U.S. 362 (1976)). Such facts exist in this case.
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distress and shock and injury to his person and nervous system, all to his damages in an
In committing the acts alleged herein, the Defendants violated, without probable
A reasonably prudent officer would have known that Mr. SIGHTLER was not
By reason of the acts alleged above, Mr. SIGHTLER did sustain great emotional
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reckless and callous disregard for the rights and feelings of Mr. SIGHTLER and by
As a direct and proximate result of the acts and omissions alleged herein, Mr.
In doing the acts alleged herein the Defendants acted maliciously and with
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unreasonable." Headwaters Forest Def. v. County of Humboldt, 240 F.3d 1185, 1199
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(9th Cir.2000), vacated on other grounds, 534 U.S. 801 (2001). A reasonably prudent
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officer would have known that Mr. SIGHTLER was not subject to any, let alone
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excessive, force.
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of that civilian's face may not cause physical injury, but he has certainly laid the
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building blocks for a section 1983 claim against him. Robinson v. Solano County,
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defense, Mr. SIGHTLER clearly established constitutional right under the Fourth
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Amendment to the United States Constitution to be secure in his person from the use of
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unreasonable and excessive force, in that the force applied to arrest/detain Mr.
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any force required to address the circumstances, was grossly out of proportion to any
In committing the acts alleged herein, the Defendants violated, without any
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need for force, was not employed in good faith, and was intended and substantially
certain to cause serious bodily injury. These rights were clearly established at the
time. For these reasons, Mr. SIGHTLER is entitled to recover damages pursuant to
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distress and shock and injury to his person and nervous system, all to Mr. SIGHTLER
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By reason of the acts alleged above, Mr. SIGHTLER did sustain great emotional
As a direct and proximate result of the acts and omissions alleged herein, Mr.
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reckless and callous disregard for the rights and feelings of Mr. SIGHTLER and by
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In doing the acts alleged herein the Defendants acted maliciously and with
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Amendments to the Constitution of the United States. The actions of Defendants were
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part of a wider pattern and practice that was approved and encouraged by the SAN
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custom and practice endorsed, promulgated, and/or tolerated by the supervisory DOE
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defendants with final policy-making authority. This custom and practice, and the
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performed by rank-and-file SDPD Officers pursuant to this policy, was the moving
force behind the violation of Plaintiff's rights that occurred on September 9, 2014.
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rights by the Defendants under Monell v. Department of Social Services of the City of
New York (1978) 436 U.S. 658, and its progeny, which hold that a municipal entity
may be held liable for violations of Constitutional rights committed by its law
enforcement officers if the violation was based on either (1) a widespread practice that,
although not authorized by written law or express municipal policy, is "so permanent
and well settled as to constitute a custom or usage" with the force of law, (2) the
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decision of a person with "final policymaking authority", or (3) that the illegal and
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authority.
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policy-making authority.
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policymaking authority, not only failed to take corrective action, but ratified the illegal
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policymaking authority within it (including, but not limited to, the DOE Defendants
The violation of SIGHTLERs rights on September 9, 2014 was part and parcel
When confronted with the Plaintiffs violation of his civil rights, Defendants
Overall, the pattern and practice of the SDPD and of the individuals with final
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with final policy-making authority) was such that there was a permanent and settled
culture, policy, and/or practice, which encouraged the use of excessive force against,
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distress and shock and injury to his person and nervous system, all to Mr. SIGHTLER
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By reason of the acts alleged above, Mr. SIGHTLER did sustain great emotional
As a direct and proximate result of the acts and omissions alleged herein, Mr.
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practice and policy, failed to maintain adequate and proper training as to the
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Constitutional rights of citizens and arrestees, to prevent the consistent and systematic
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arrests without probable cause, the use of excessive force, or the appropriate manner of
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adequate training to their officers on the requirement that citizens not be confronted
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arrest.
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Defendant CITY and the DOE Policy Making Defendants, as a matter of custom,
Defendant CITY and the DOE Policy Making Defendants failed to provide
Defendant CITY and the DOE Policy Making Defendants failed to provide
Defendant CITY and the DOE Policy Making Defendants failed to provide
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adequate training to their officers on the subject of police reports: to wit, they failed to
properly train their offices in the SDPD that officers must file truthful and complete
reports that did not contain false statements and/or omissions of material facts.
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adequate training to their officers on the need to avoid any conflicts of interest
(including, but not limited to, taking complaints about actions in which the officer had
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Defendant CITY and the DOE Policy Making Defendants failed to provide
Therefore, Defendant CITY and the DOE Policy Making Defendants, with
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misconduct.
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distress and shock and injury to his person and nervous system, all to Mr. SIGHTLER
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The failure by Defendant CITY and the DOE Policy Making Defendants to
As a direct and proximate result of the acts and omissions alleged herein, Mr.
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Defendant CITY and the DOE Policy Making Defendants, as a matter of custom,
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practice and policy, failed to supervise their officers to prevent, deter and punish the
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officers on the scene who pointed loaded, high powered rifles, at SIGHTLER.
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known of the Constitutional violations committed by any officers on the scene but
failed to correct their officers' abuse of authority, or discourage their unlawful use of
authority.
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No supervising officer from the SDPD took appropriate steps to supervise any
Defendant CITY and the DOE Policy Making Defendants, knew or should have
Upon information and belief, Defendant CITY and the DOE Policy Making
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failed to supervise or discipline any officers on the scene for their misconduct with
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respect to Plaintiff.
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condoned and acquiesced in the abusive behavior of their officers by refusing to retrain
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them, discipline them, or correct their abusive behavior. Upon information and belief,
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none of the officers on the scene were ever disciplined for their unconstitutional
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been, aware that the policy regarding supervision and discipline of officers who
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violated the civil rights of the citizens and commit assault and battery was so
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inadequate that it was obvious that a failure to correct it would result in further
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distress and shock and injury to his person and nervous system, all to Mr. SIGHTLER
To the contrary, Defendant CITY and the DOE Policy Making Defendants,
Defendant CITY and the DOE Policy Making Defendants, were, or should have
The constitutionally deficient investigation and lack of discipline was done with
The lack of adequate supervision and discipline Defendant CITY and the DOE
By reason of the acts alleged above, Mr. SIGHTLER did sustain great emotional
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As a direct and proximate result of the acts and omissions alleged herein, Mr.
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to be proven at trial;
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to be proven at trial;
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For such other and further relief as the Court deems proper.
DEMAND FOR JURY TRIAL
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s/ Keith H. Rutman
KEITH H. RUTMAN
Attorney for Plaintiff
Email: krutman@krutmanlaw.com
s/ Gerald B. Singleton
GERALD B. SINGLETON
Attorney for Plaintiff
Email: gerald@geraldsingleton.com
s/ Brody A. McBride
BRODY AUSTIN MCBRIDE
Attorney for Plaintiff
Email: brody@geraldsingleton.com
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