Professional Documents
Culture Documents
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CITY OF BAKERSFIELD;
BAKERSFIELD POLICE
DEPARTMENT; OFFICER CHAD
GARRETT, an individual; OFFICER
RICK WIMBISH, an individual; and
DOES 1-50,
Case No.:
COMPLAINT FOR DAMAGES:
1. VIOLATION OF CIVIL
RIGHTS 42 U.S.C. 1983
2. VIOLATION OF CIVIL
RIGHTS MONELL CLAIM
3. VIOLATION OF CIVIL
RIGHTS-FAMILIAL
RELATIONSHIP
4. VIOLATION OF CIVIL
RIGHTS FAMILIAL
RELATIONSHIP (MONELL)
5. VIOLATION OF CIVIL CODE
52.1
6. WRONGFUL DEATH NEGLIGENCE
DEMAND FOR JURY TRIAL
Defendants.
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investigation and without engaging in any de-escalation protocol. Now, his two infant
sons and mother bring this suit against the City of Bakersfield, the Bakersfield Police
Department, and the officers named above, as a result of Mr. Aldermans wrongful
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Plaintiff Judy Edens is the mother and heir to Decedent Jason Alderman.
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Plaintiff A.K. is the son and heir to Decedent Jason Alderman. His claim
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Plaintiff S.A. is the son and heir to Decedent Jason Alderman. His claim
governmental entity organized and existing under the laws of the State of California.
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(BPD) was a governmental entity organized and existing under the laws of the State
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of California.
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named herein as DOES 1 through 50, inclusive, and therefore sue said Defendants by
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such fictitious names. Plaintiffs will seek leave of court to amend this complaint to
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allege true names and capacities of said Defendants when the same are ascertained.
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Plaintiffs are informed and believe and thereon allege that each of the aforesaid
factiously names Defendants are responsible in some manner for the happenings and
occurrences hereinafter alleged, and the Plaintiffs damages and injuries as herein
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This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331
and 1343 because it is a civil rights action arising under the Constitution and laws of
common law and state claims pursuant to 28 U.S.C. 1367. Venue is proper in this
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Court pursuant to 28 U.S.C. 1391 because a substantial part of the events giving rise
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California Government Code section 910, Plaintiffs and each of them submitted a
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2016.
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The instant action is timely brought within 6 months from the City of
FACTUAL BACKGROUND
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Pursuant to
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shot in the side and back by BPD officers Rick Wimbish and Chad Garrett as he was
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with his back turned to the officers when he was struck by their gunfire.
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California. The entire duration of the incidentfrom when Mr. Alderman entered the
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At the time of the shooting, BPD officers Garrett and Wimbish were not
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responding to a call at the Subway. Rather, the officers were conducting an entirely
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separate investigation when they suddenly arrived at the Subway and, within a 2-
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and executioner in their interaction with Bakersfield citizens, treating the use of lethal
force as their first option during a civilian encounter and disregarding de-escalation
protocol, establishing perimeters, calling for backup, and using non-lethal force.
Jorge Ramirez and 22-year-old James DeLarosa, whose corpse was subsequently
manipulated by another BPD officer who stated that he loved tickling the corpses of
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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
BPD officers Garrett and Wimbish have divined themselves judge, jury,
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contradict BPD statements made to the public that Mr. Alderman exited the subway
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and pointed a BMW carjack at the officers, which they mistook for a gun.
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2, 2015, found back-to-front entry wounds, confirming that Mr. Alderman was shot in
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Initially, BPD denied the existence of video footage capturing the killing.
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Upon the discovery of functioning video surveillance capabilities at the time of the
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incident by the Alderman family attorneys, BPD acknowledged video existed but
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stated it would not be released for the dignity of the Alderman family.
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Alderman family thereafter demanded to see the video and sent an investigator to
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BPD headquarters to retrieve it. BPD again stated that it would not turn over the
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video, and reiterated that its refusal was meant to help the Alderman family.
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The
Nearly 6 months after Mr. Aldermans murder, and after multiple formal
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requests by Alderman family attorneys, BPD released the video of the shooting to the
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media before providing it to the Alderman family. The BPD eventually gave the
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Alderman family a non-functioning DVD. The video played by the media contradicts
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BPD reports that Alderman exited the Subway and presented an imminent threat to the
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lives of BPD officers. The video shows Alderman crouching with his back turned to
BPD officers when he was shot in the back and side and killed.
BPDs Critical Incident Review Board cleared BPD Officers Garrett and
confirming the news. However, at the time BPD cleared itself, the investigation into
the murder of Jason Alderman was far from complete. In the rush to clear itself at all
findings of fact before the Coroners investigation report was complete. In fact, the
Coroners investigation is dated November 2, 2015, more than a month after BPD
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GERAGOS & GERAGOS, APC
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which had not been prepared when BPD cleared itself of wrongdoing on September
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29, 2015, clearly demonstrates the efforts by BPD to cover up the facts surrounding
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initially reported after the incident that Alderman exited the Subway, wearing a
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black mask, and raised a black colored object at the officers outside of the Subway.
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According to the initial reports from BPD officers, Alderman ran back into the
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references a communication with BPD Detective Ken Sporer which took place nearly
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a week later on November 7, 2015, further calling into question the veracity and
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authenticity of any document relating to the Alderman investigation. In any event, the
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November 2, 2015 autopsy investigation report states that on November 6, 2015, BPD
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Detective Sporer stated that he completed his investigation and for the first time
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provided the coroner with further information, that Alderman never exited the
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business. According to the Coroners report, this new information came from the
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video surveillance.
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Far from posing any threat to officers, the autopsy investigation report,
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which was completely ignored by BPDs Critical Incident Review Board, reveals what
can be seen on the video surveillance Jason Alderman was shot in the back in a non-
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Defendants were, at all relevant times, law enforcement officers with the
City of Bakersfield Police Department who were acting under color of state law.
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Plaintiffs bring this claim for relief in their capacities as the successors-
The foregoing claim for relief arose in decedents favor, and decedent
would have been the plaintiff with respect to this claim for relief had he lived.
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rights, privileges, and immunities secured by the Constitution and laws of the United
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States, including those enumerated in and secured by the Fourth, Fifth, and Fourteenth
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The wrongful acts alleged herein above of Defendant police officers were
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each of them, the Decedent sustained general damages, including pain and suffering,
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and a loss of the enjoyment of life and other hedonic damages, in an amount in
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acted in reckless and callous disregard for the constitutional rights of Decedent. The
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wrongful acts, and each of them, were wilful, oppressive, fraudulent and malicious,
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thus warranting the award of punitive damages against each individual Defendant in
required to incur attorneys' fees and will continue to incur attorneys' fees, and
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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
Due to the conduct of Defendants, and each of them, Plaintiffs have been
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in the preceding paragraphs of this complaint, as though fully set forth herein.
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Plaintiffs bring this claim for relief in their capacities as the successors-
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citizens, maintain and permit an official policy and custom of permitting the
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These policies and customs include, but are not limited to, the
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deliberately indifferent training of its law enforcement officers in the use of excessive
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force, the express and/or tacit encouragement of excessive force, the ratification of
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Plaintiffs are informed and believe, and thereon allege, that the customs
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and policies were the moving force behind the violations of Plaintiffs and Decedents
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rights. Based upon the principles set forth in Monell v. New York City Dept. of Social
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Services, the City of Bakersfield and Does 25 through 50 are liable for all of the
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each of them, the Decedent sustained general damages, including pain and suffering,
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and a loss of the enjoyment of life and other hedonic damages, in an amount in
Due to the conduct of Defendants, and each of them, Plaintiffs have been
required to incur attorneys' fees and will continue to incur attorneys' fees, and
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GERAGOS & GERAGOS, APC
43.
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in the preceding paragraphs of this Complaint, as though fully set forth herein.
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unjustified force, causing injuries which resulted in the Decedents death, all without
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provocation, all in violation of rights, privileges, and immunities secured by the First
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them, Plaintiffs sustained general damages, including grief, emotional distress and
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pain and suffering and loss of comfort and society, and special damages, including
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acted in reckless and callous disregard for the Constitutional rights of Plaintiffs when
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oppressive, fraudulent, and malicious, thus warranting the award of punitive damages
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Due to the conduct of Defendants, and each of them, Plaintiffs have been
required to incur attorneys' fees and will continue to incur attorneys' fees, and
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in the preceding paragraphs of this Complaint, as though fully set forth herein.
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and with gross negligence, maintain and permit official policies and customs which
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allow the occurrence of the types of wrongs set forth hereinabove and below, all in
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These policies and customs include, but are not limited to, the
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deliberately indifferent training of its law enforcement officers in the use of excessive
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force, the express and/or tacit encouragement of excessive force. Further, the Citys
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Decedents rights, or verify misconduct and discipline officers for the misconduct.
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Plaintiff are informed and believe, and thereon allege, that the customs and policies
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were the moving force behind the violations of Plaintiffs and decedents rights.
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Based upon the principles set forth in Monell v. New York City Dept. of Social
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Services, the City of Bakersfield is liable for all of the injuries sustained by Plaintiffs
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Aldermans demise and the resulting loss to Plaintiffs, thereby causing Plaintiffs to be
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required to incur attorneys' fees and will continue to incur attorneys' fees, and
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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
Due to the conduct of Defendants, and each of them, Plaintiffs have been
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in the preceding paragraphs of this complaint, as though fully set forth herein.
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Defendants Wimbish, Garrett, and Does 1-50, acting within the scope of
their duties as City of Bakersfield employees, caused the death of Jason Alderman.
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are liable for the acts, omissions and conduct of its employees, including Defendants
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herein, whose negligent conduct was a cause in the death of the Decedent, pursuant to
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910 et seq. As those claims having been rejected within the past six months, this
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action is timely.
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and on behalf of the decedent pursue the claims of the decedent based on a violation
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of his rights.
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decedent Jason Alderman of rights secured by the Constitution of laws of the United
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interference with Decedent's rights to be secure in his person and free from the use of
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excessive force under the Fourth Amendment and Cal. Const. Art. 1 sec. 13 as well as
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Cal. Civ.Code 43, and the right of protection from bodily restraint and harm.
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to California Civil Code 52.1 were violated, causing injuries and damages in an
required to incur attorneys' fees and will continue to incur attorneys' fees, and
pursuant to California Civil Code 52.1 are entitled to recovery of said fees.
(Negligence-Wrongful Death)
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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
Due to the conduct of Defendants, and each of them, Plaintiffs have been
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in the preceding paragraphs of this complaint, as though fully set forth herein.
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Defendants Wimbish, Garrett, and Does 1-25, acting within the scope of
their duties as City of Bakersfield employees, caused the death of Jason Alderman.
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are hereby liable for the acts, omissions and conduct of their employees, including
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Defendants herein, whose negligent conduct was a cause in the death of the Decedent,
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910 et seq. Those claims having been rejected within the past six months, this action
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is timely.
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Plaintiffs are the proper party with standing pursuant to Cal. Civ. Proc.
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Code 377.60 and hereby pursue their remedies for wrongful death against
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Defendants, and each of them, including pecuniary loss and other compensable
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injuries resulting from the loss of the society, comfort, attention, services, and support
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of the decedent.
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The negligence of Defendants was also responsible in part for the death
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of Jason Alderman by acts or omissions contributing to his demise including, but not
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limited to, the deliberately indifferent training of its law enforcement officers in the
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use of excessive force, the express and/or tacit encouragement of excessive force, the
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Decedent was a loving father and his loss has and will continue to cause
great and severe damages to his children, the Plaintiffs in this action, all in an amount
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and/or reckless disregard for the safety of decedent, Defendants, and each of them,
Plaintiffs have incurred funeral and burial expenses in an amount according to proof at
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For such other and further relief as the Court deems just and proper.
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By:
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and through his Guardian ad litem NENA CHAVEZ, and S.A., by and through his
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By:
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