Professional Documents
Culture Documents
Estate of Deven Guilford, who at the time of his death was a minor, pursuant to an
Order of the Eaton County Probate Court and the Letters of Authority which have
been lawfully issued.
4.
aforelisted Defendants.
5.
28 USC 1331 (federal question) and 1343(4) (civil rights). Pendant state claims
are governed by supplemental jurisdiction under 28 USC 1367.
6.
governmental subdivision organized under the laws of the State of Michigan and is
located in the Western District of Michigan.
8.
2015, PLAINTIFFs decedent, GUILFORD, was driving his girlfriend's 2010 Ford
Focus on M-43 west of Cochran Road in or near Mulliken, Michigan He had been
playing basketball at his church with his brother and was on his way to visit his
girlfriend.
10.
Sheriff Department 2015 Ford Explorer SUV vehicle and was travelling in the
opposite direction. It was his first shift driving the new vehicle.
11.
even on low-beams, inasmuch as the record reflects that at least three vehicles,
including GUILFORD, flashed their headlights at FROST, apparently attempting
to get him to dim his headlights that projected glaring oncoming rays into the eyes
of oncoming drivers.
12.
FROST effected traffic stops on all three of the vehicles who flashed
257.700) provides:
MCL 257.700(b), provides that the driver of a vehicle
approaching an oncoming vehicle within 500 feet:
"shall use a distribution of light or composite beam so aimed
that the glaring rays are not projected into the eyes of the
oncoming driver."
14.
Thus, on its face, the Michigan statute does not prohibit momentary
the flashing of headlights, but only the glaring of beams sufficient to impair the
vision of an approaching vehicle within 500 feet.
15.
Thus, the traffic stops effected by FROST on the three vehicles who
FROST had been driving with his bright (high beam) lights on, which FROST
denied.
17.
produce his driver's license, registration and proof of insurance. That was a further
illegal demand inasmuch as FROST had no legal cause to stop GUILFORD in the
first place.
18.
GUILFORD refused.
4
19.
badge number.
21.
attempted to call his girlfriend. He had left his wallet with his license at her house
and she would have had the registration and proof of insurance for her car.
22.
Without waiting for backup and without giving GUILFORD any prior
command to exit the car FROST opened the drivers side door and grabbed
GUILFORD and started pulling him out. FROST then drew his taser, pointed at
GUILFORD and told him to exit the vehicle. GUILFORD complied.
23.
GUILFORD complied.
26.
FROST claimed he had been trained to interpret as an indication that the arrestee
was going to get up and attack the officer.
27.
any other instrumentality, elevated through the force continuum and shot
GUILFORD in the back with his taser.
28.
to his feet.
29.
The entire encounter lasted just over 5 minutes and the backup
GUILFORD from the car, arresting him as if he were a felon, tasing him and then
killing him, were all separate and distinct illegal and unreasonable seizures under
the 4th Amendment.
32.
Thus, GUILFORD and his estate are entitled to all damages allowable
under the Michigan Wrongful Death Act, as well as the full amount of damages
allowable pursuant to 42 U.S.C. 1983, including, but not limited to:
A.
B.
C.
D.
E.
33.
toward GUILFORD with deliberate indifference to and callous disregard for his
health, safety and welfare, PLAINTIFF is entitled to punitive damages.
34.
unconstitutional before the date of this incident on February 28, 2015 and
Defendant FROST is therefore not entitled to qualified immunity.
7
38.
above as though fully stated herein, paragraph by paragraph, and word for word.
40.
as though fully stated herein, paragraph by paragraph, and word for word.
41.
v.
10