Case: 1:16-cv-00120-GHD-DAS Doc #: 1 Filed: 06/30/16 1 of 11 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
PEGGY SHUMPERT, INDIVIDUALLY, AND
ON BEHALF OF THE HEIRS
AND WRONGFUL DEATH BENEFICIARIES
OF ANTWUN RONNIE SHUMPERT, SR., DECEASED
AND CHARLES FOSTER

PLAINTIFFS

1:16cv120-GHD-DAS
CAUSE NO.__________________

V.

CITY OF TUPELO, MISSISSIPPPI,

MAYOR JASON SHELTON,
IN HIS OFFICIAL CAPACITY,
CHIEF BART AGUIRRE,
IN HIS OFFICIAL CAPACITY,
OFFICER TYLER COOK,
IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES,
AND JOHN DOES 1-10, ALL IN
THEIR INDIVIDUAL AND OFFICIAL CAPACITIES

DEFENDANTS

COMPLAINT
(JURY TRIAL DEMANDED)
COME NOW PLAINTIFFS, PEGGY SHUMPERT, INDIVIDUALLY, AND ON
BEHALF OF THE HEIRS AND WRONGFUL DEATH BENEFICIARIES OF
ANTWUN RONNIE SHUMPERT, SR., DECEASED AND CHARLES FOSTER
(hereinafter Plaintiffs), by and through their attorneys of record, and file this, their
COMPLAINT, and would allege the following:

PARTIES
1.

Plaintiff Peggy Shumpert is an adult resident citizen of Mississippi, residing in

Lee County, Mississippi.

2.

Plaintiff Charles Foster is an adult resident citizen of Mississippi, residing in

Union County, Mississippi.

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3.

Defendant City of Tupelo (hereinafter Defendant City) is a municipal entity

that may be served with process by service upon Kim Hannah, City Clerk, at
the office of the City Clerk, located at 71 East Troy Street, Tupelo,
Mississippi 38804.

4.

Defendant Mayor Jason Shelton (hereinafter Defendant Shelton) is an adult

resident citizen of Mississippi, employed with the City of Tupelo, and can be
served with process at Tupelo City Hall, located at 71 East Troy Street,
Tupelo, Mississippi 38804.

5.

Defendant Chief Bart Aguirre (hereinafter Defendant Aguirre) is an adult

resident citizen of Mississippi, employed with the City of Tupelo Police
Department, and can be served with process at 118 Lemons Drive, Tupelo,
Mississippi 38801.

6.

Defendant Officer Tyler Cook (hereinafter Defendant Cook) is an adult

resident citizen of Mississippi, employed with the City of Tupelo Police
Department, and can be served with process at 118 Lemons Drive, Tupelo,
Mississippi 38801.

7.

Defendant John Does 1-10 (hereinafter Defendant Does 1-10) are adult
resident citizens of Mississippi, employed with the City of Tupelo Police
Department whose true identities are currently unknown, and can be served
with process at 118 Lemons Drive, Tupelo, Mississippi 38801.

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JURISDICTION
8.

This court has jurisdiction over the subject matter herein pursuant to the
provisions of Section 9-7-81 of the Mississippi Code of 1972, annotated, as
amended in that all defendants are domiciled in Mississippi.

9.

This court has subject matter jurisdiction pursuant to 28 USC 1331, as the
events giving rise to this action involve a federal question.
VENUE

10.

Venue is proper in this Court pursuant to Section 11-11-13 of the Mississippi

Code of 1972, annotated, as amended, in that the incidents which gave rise to
these claims occurred in Lee County, Mississippi, which is located within the
Northern District of Mississippi.
UNDERLYING FACTS

11.

On or about June 18, 2016, Antwun Ronnie Shumpert, Sr. around 9:30 pm
was driving a vehicle owned by his teammate and friend, Charles Foster, with
Charles Foster sitting in the passenger seat. Shumpert and Foster were driving
to a store to pick up a shirt for Foster to wear to a party that night. While
obeying all rules of the road and driving near the Lee Acres subdivision in
Tupelo a police cruiser driven by an officer from the City of Tupelo Police
Department flashed its blue lights after following Shumpert for a short
distance. Shumpert pulled over the Foster vehicle and immediately fled the
vehicle, running behind several houses in the Lee Acres subdivision.

12.

After Shumpert fled, Officer Tyler Cook and his city assigned K9 gave
immediate chase, not knowing who they were chasing or why. Shumpert

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initially hid from the police but eventually tried to surrender voluntarily and
come from his hiding place as he heard the dog approach. As Shumpert
attempted to voluntarily surrender, the K9 viciously attacked Shumpert, biting
him in the groin, ripping his flesh leaving a gaping hole at least six inches
deep in his groin, and nearly mutilating his testicles after shredding his
scrotum. Said K9 also severely clawed Shumpert on his back and inflicted
other injuries and bruises to the person of Antwun Shumpert. Mr. Shumpert
tried to defend himself against the unlawful, excessive, and vicious attack of
the K9. While trying to defend himself against total annihilation by the K9,
Officer Tyler Cook approached the unarmed Shumpert and shot him four
times, three times to the chest and once in the abdomen. Cook also punched
Shumpert in his face and kicked or stomped Shumpert in the mouth knocking
four of his bottom teeth back towards his throat. This all occurred less than 10
minutes after the initial traffic stop and Shumpert was placed in handcuffs by
Cook after the vicious attack and shooting while Shumpert laid in a pool of
blood. The initial traffic stop was not lawful as no probable cause existed for
the stop and to this day no one with the City of Tupelo has advised Shumpert
or Foster as to the reason for the traffic stop. Shumpert and Plaintiff Foster
were the victims of racial profiling. Cook did not even know the identity of
the individual he was chasing and had no knowledge at that time of any
outstanding warrants Shumpert may or may not have had. Neither did Cook
have any reason to believe that Shumpert was armed and dangerous. In fact,

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Shumpert has never been charged with, indicted, or convicted of any violent
crime. He was a non-violent individual.
13.

Subsequently, an ambulance was eventually called to the scene, and Antwun

Shumpert was transported to North Mississippi Medical Center where he died
on Fathers Day, June 19th, around 1:20 a.m., leaving a wife and five children
to mourn his loss.

14.

As for Charles Foster he was detained unlawfully for an extended period of

time by officers of the City of Tupelo police department, wrongly arrested and
placed in handcuffs which were too tight causing extreme pain, transported to
the city jail, and finally released with no charges filed against him. All of this
after he heard his friend and teammate fatally shot four times by the police for
simply fleeing from them. Foster has suffered and continues to suffer extreme
emotional distress and mental anguish because of the actions of Defendants.

15.

As a result of the foregoing, Plaintiffs were caused to suffer physical, mental,

and/or emotional injuries.
COUNT ONE

CONSTITUTIONAL VIOLATIONS PURSUANT TO 42 U.S.C.A. 1983, DUE TO

PATTERNS, POLICIES, PRACTICES AND/OR CUSTOMS OF THE CITY OF
TUPELO, MAYOR JASON SHELTON IN HIS OFFICIAL CAPACITY, AND
CHIEF BART AGUIRRE IN HIS OFFICAL CAPACITY

16.

The Plaintiffs incorporate and adopt all prior paragraphs, averments, and

statements.
17.

The Plaintiffs allege that Defendant City of Tupelo, Shelton, and Aguirre

are liable for violating Antwun Shumpert and Charles Fosters constitutional rights,

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pursuant to 1983, as said governmental entity and officials violated decedent and
Fosters constitutional rights via official policies or customs, of which said Defendants
had actual or constructive knowledge, and said policies, customs, patterns, and/or
practices were the moving forces of the constitutional violations perpetrated by Tyler
Cook and the K9 in his charge.
18.

The reprehensible acts of the Defendants demonstrate grossly negligent,

oppressive, and reckless conduct.

These Defendants conspired to protect their own

interests and reputations, to the disregard and detriment of Plaintiffs and decedent.
19.

As a direct and proximate result of Defendants acts of reckless disregard

and unconstitutional polices, practices, patterns, and/or customs, the Plaintiffs sustained
the damages set forth herein and all damages that will be proved at trial hereon.
COUNT TWO
CIVIL ASSAULT AND BATTERY

20.

The Plaintiffs incorporate and adopt all prior paragraphs, averments, and

statements.
21.

The Defendant Tyler Cook is liable for civil assault and battery. The

Plaintiffs allege that Tyler Cook inflicted extreme physical pain and inhumane torture
upon Antwun Shumpert by attacking him with a vicious K9 and shooting him four times
with a pistol as well as other bodily assault and battery, causing harm to his person and
eventually leading to his death. The aforementioned Defendant has caused Plaintiffs to
suffer from extreme emotional distress and mental anguish, anxiety, as well as, severe
pain and suffering.

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22.

One or more of the Defendants is liable for civil assault and battery as it

relates to Charles Foster for causing him pain by putting him in handcuffs which were too
tight and unlawful, causing him unnecessary bodily injury and pain.
23.

As a direct and proximate result of aforementioned Defendants acts,

Plaintiffs sustained the damages set forth herein and all damages that will be proved at
trial hereon.
COUNT THREE
VIOLATION OF DUE PROCESS, EQUAL DIGNITY,
AND EQUAL PROTECTION,
CIVIL RIGHTS LAWS UNDER 42 U.S.C. Section 1983 and 28 U.S.C.
Section 1343 et al
24.

The Plaintiffs incorporate and adopts all prior paragraphs, averments, and

statements.
25.

Plaintiffs would show unto the Court that the Defendants intentionally,

recklessly, and/or negligently took actions to deprive Antwun Shumpert and Charles
Foster of their due process, equal dignity, and equal protection rights pursuant to the 14
Amendment, and violated other of their civil rights under federal laws and the United
States Constitution, including violating their 4th Amendment right to be free of
unnecessary and unreasonable search and seizure.
26.

The Plaintiffs suffered damages as a result of the aforementioned conduct

as set out heretofore and/or hereinafter.

27.

Antwun Shumperts right to due process was denied and he suffered

damages as a result of being denied prompt medical care by Cook or other medical
trained officers after he was attacked and shot. There was also an unreasonable and
unconstitutional delay of medical care as Tyler Cook did not immediately call for an

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ambulance after he shot and beat Antwun Shumpert and ordered and allowed his city
owned K9 to attack and mutilate Mr. Shumpert.
28.

Plaintiffs would show unto the Court that the Defendants acted with

deliberate indifference to Mr. Shumperts immediate need for medical care, in violation
of his rights under the 14th Amendment.
COUNT FOUR
EXCESSIVE FORCE
29. The Plaintiffs incorporate and adopt all prior paragraphs, averments, and
statements.
30. Plaintiffs would show unto the Court that the Defendants took actions to deprive
Mr. Shumpert and Plaintiff Foster of their Fourth Amendment protection against
excessive force.
31. The force used by officers employed by the City of Tupelo was excessive to the
need, and not objectively reasonable under the circumstances.
COUNT FIVE
WRONGFUL DEATH

32. The Plaintiffs re-allege and incorporate each and every preceding paragraph as if
fully set forth herein.
33. As a direct and proximate result of Defendants actions, negligence, carelessness,
indifference, constitutional violations, and/or reckless disregard as described
above, Antwun Ronnie Shumpert, Sr., sustained injuries which proximately
caused his death on June 19, 2016.
34. As the direct and proximate result of the foregoing, and the death of Antwun

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Ronnie Shumpert, Sr., Plaintiff Peggy Shumpert as well as the five children of
Antwun Ronnie Shumpert have been deprived of their kind and loving husband
and fathers, Antwun Ronnie Shumpert, Sr., care, comfort, society, protection,
love, companionship, affection, solace, moral support, financial assistance,
consortium, and/or physical assistance in the operation and maintenance of the
home. Ronnie also experienced pre-death pain and suffering prior to expiring
from the dog bites, body blows, and gunshot wounds he sustained at the hands of
one or more Defendants.
PRAYER FOR APPROPRIATE RELIEF
35.

Plaintiffs incorporate and adopt all prior paragraphs, averments, and

statements.
36.

As a result of the acts of the Defendants named herein whether intentional,

as a result of negligence, gross negligence, negligence per se or reckless disregard for the
safety and well-being of decedent and/or Foster, Plaintiffs have suffered severe damages
for which the Defendants should be held jointly and vicariously liable.
37.

All Defendants are jointly and severally liable to the Plaintiffs for the

following damages: past, present and future pain, suffering and mental and emotional
anguish; past, present and future loss of mobility and capacity; loss of enjoyment of lifes
normal activities; loss of society, lost wages, loss of wage earning capacity, loss of
consortium, and all other damages to be proved at trial.
38.

The Plaintiffs bring this action against all Defendants and demand

judgment and compensatory damages as a result of the unlawful acts in an amount to be

determined by this Court.

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39.

The acts of the Defendants enumerated herein were so grossly negligent

and reckless; utterly offensive; and were committed with such utter disregard for the
rights of Plaintiffs, and others similarly situated, as to amount to willful, wanton and/or
intentional misconduct, thereby entitling Plaintiffs to an award of punitive damages to be
determined by the Court, with this amount being sufficient to deter these Defendants
from continuing this conduct in the future.
WHEREFORE, THE ABOVE BEING CONSIDERED, the Plaintiffs
respectfully pray for judgment against all Defendants including compensatory damages,
Veasley damages, punitive damages, and injunctive relief, any and all damages allowed
by federal law, attorneys fees, pre-judgment interest, post judgment interest, and all costs
of this proceeding, with such final amount being at least $35,000,000.00.
This the 30th day of June, 2016.
RESPECTFULLY SUBMITTED,
PEGGY SHUMPERT, ET AL.
PLAINTIFFS
By: s/Carlos E. Moore
______________________________
CARLOS E. MOORE, MS#100685

OF COUNSEL:
MOORE LAW GROUP, P.C.
306 Branscome Drive
P.O. BOX 1487
GRENADA, MS 38902
(662)227-9940 (PHONE)
(662)227-9941(FAX)
carlos@carlosmoorelaw.com
www.CarlosMooreLaw.com

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