Case 1:17-cv-02972-REB-KLM Document 1 Filed 12/11/17 USDC Colorado Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.

WILLIE WATLINGTON

Plaintiff,

v.

TIM BROWNE

Defendant.
_______________________________________________________________________

COMPLAINT AND JURY DEMAND

_______________________________________________________________________

Plaintiff, Willie Watlington, by and through his attorney, Raymond K. Bryant of

the Civil Rights Litigation Group, PLLC, hereby states and alleges as follows:

INTRODUCTION

1. This is a civil rights action seeking damages against a Colorado Springs

Police K-9 Officer for dog bite injuries suffered when the officer unjustifiably ordered

his police dog to viciously seize Plaintiff, without justification, as Plaintiff walked out of

local tavern. The dog repeatedly chomped down on Plaintiffs leg for 5-10 seconds, and

then clamped down and dragged him along the ground, during which time the officer

failed to intervene to prevent or stop the animal from attacking the innocent man.

2. At the time of the seizure, the officer was looking for a different suspect,

a middle-aged white man, who objectively looked nothing like Plaintiff. But upon seeing

Plaintiff, a young black man, leave the bar, Defendant overzealously ordered the police

dog to attack and seize Plaintiff, without cause.

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3. Plaintiff seeks compensation for the physical, dignitary, emotional, and

economic injuries that he suffered, including temporary and permanent injuries from the

dog bite, scarring and deformation, emotional trauma, medical bills, and punitive

sanctions to punish the officer for his flagrant disregard of Plaintiffs rights and safety.

JURISDICTION AND VENUE

4. This action arises under the Constitution and laws of the United States,

and 42 U.S.C. 1983. Jurisdiction is proper pursuant to 28 U.S.C. 1331.

5. Venue is proper in the District of Colorado because the incidents and

resulting injuries to the Plaintiff giving rise to this action occurred in Colorado Springs,

Colorado.

PARTIES

6. Plaintiff incorporates by reference, as though fully set forth herein, each

and every allegation contained in the preceding paragraphs of this Complaint.

7. Plaintiff Willie Watlington was at all times relevant to the claims set forth

herein a resident of the State of Colorado. At the time of the incident, Plaintiff

Watlington was a young, 24-year-old black male.

8. Defendant Tim Browne was, at all times relevant to the subject matter of

the claims in this action, employed as a K-9 Police Handler of a German Shephard

named Blitz by Colorado Springs Police Department, and acted under color of state

law at the time of the incident. He is identified in his individual capacity.

FACTUAL BACKGROUND

9. Plaintiff incorporates by reference, as though fully set forth herein, each

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and every allegation contained in the preceding paragraphs of this Complaint.

10. On December 11, 2015, Plaintiff was enjoying a night out at the Peak

Tavern, located at 2001 Platte Ave., in Colorado Springs, Colorado.

11. The Defendant Officer arrived at the tavern, in full police uniform, with

approximately four to five other officers - all looking for an older, white, male suspect in

his 50s or 60s.

12. Four or five officers went into the tavern through the front door and the

Defendant K-9 officer waited outside the back door.

13. Plaintiff finished his drink and exited the tavern through the back door,

which led almost immediately to an adjacent apartment complex, where Plaintiff lived.

14. Upon exiting the tavern, Plaintiff immediately headed toward his

apartment complex. In his peripheral vision, he saw a man or a vehicle about 40 yards

away, but did not take any particular notice as he walked toward his home.

15. Plaintiff heard some muffled shouts, but no indication that the man was a

police officer or that Plaintiff was being commanded.

16. Defendant Officer Browne saw Plaintiff leave the bar and yelled toward

him. Upon seeing Plaintiff continue to walk away, Defendant Browne ordered his K-9

unit, Blitz to seize Plaintiff by biting him.

17. Plaintiff turned toward the source of the yelling in time to see the officer

point toward him and the animal run in his direction. Plaintiff immediately dropped to

the ground and curled up into a ball.

18. After about four to five seconds, the dog ran up to Plaintiff and chomped

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down on Plaintiffs leg multiple times, for approximately 5-10 seconds, and then

clamped down and held/dragged Plaintiff along the ground, during which time the

officer did not attempt to command the animal to stop, physically intervene to prevent

the dog from biting or dragging, or otherwise cease the attack.

19. Eventually, Defendant Officer Browne walked over and removed the dog

from the hold the dog had on Plaintiffs leg.

20. With the K-9 at Defendants side, Defendant Officer Browne, and other

officers who joined him, began asking Plaintiff questions and demanded Plaintiffs

drivers license. The officer ran Plaintiffs identification and Plaintiff heard the officers

discuss that there were no warrants.

21. EMTs eventually arrived on scene and provided medical attention. They

indicated that Plaintiff would need to be transported to the hospital and would need

stitches to mend the gaping wounds.

22. At Penrose St. Francis Hospital, doctors sutured several puncture

wounds and one large gaping wound made by the K-9, as well as abrasions on both of

Plaintiffs palms caused by being dragged by the animal.

23. While being treated, Defendant Brownes K-9 Supervisor, Brian

Cummings arrived and asked Plaintiff questions about the incident. He informed

Plaintiff that the officers had been looking for a white male in his 50s or 60s, and that

Plaintiff obviously did not fit the description. He acknowledged that the K-9 should not

have been used to bite him and that Defendant Browne had violated CSPD protocol.

24. Defendant Cummings brought Defendant Browne into the room.

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Defendant Cummings apologized for Defendant Brownes and the dogs actions.

Defendant Brown did not apologize.

25. Plaintiff asked Defendant Browne for his first name, but Defendant

Browne vaguely and deceptively avoided providing a real answer, telling him only

Officer.

26. Afterward, Plaintiff went back to see physicians on three more occasions

for follow up treatment over the next two months and to get the stitches removed.

Plaintiff suffered physical pain and suffering, he endured emotional trauma from the

unexpected and violent attack, he was forced to walk on crutches for approximately six

to eight weeks, and he continues to tolerate ugly scars from the dog attack that remain to

this day.

FIRST CLAIM FOR RELIEF

42 U.S.C. 1983 Fourth Amendment Violations Wrongful Stop/Detention
(Against Defendant Browne)

27. Plaintiff hereby incorporate by reference, as though fully set forth herein,

each and every allegation contained in the preceding Paragraphs of this Complaint.

28. Defendant Officer Browne wrongfully seized, detained, and confined

Plaintiff Watlington by ordering his K-9 unit, Blitz to attack and hold Plaintiff, outside

of the Peak Tavern, and then continued to detain, question, and hold Plaintiff against his

will, after the K-9 released him and the dog stood menacingly beside the officer, while

being compelled to answer questions - wounded and bleeding on the ground.

29. At the time Defendant seized, detained, and otherwise confined Plaintiff,

he did not have reasonable suspicion or probable cause to believe Plaintiff had engaged

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in any crime, had no basis to arrest him, and no justification to inflict injury. From his

perspective, Plaintiff Watlington, had, at most, left the tavern, as any other patron might

do, and attempted to walk home while the officer was waiting for a different person.

Plaintiff Watlington obviously did not fit the description of the suspect the officer

sought, as Plaintiff was a young, 24-year-old, black man, and the suspect the officers

sought was a middle-aged white man. Thus, there was no legal basis to stop, detain,

question, or harm him.

30. During the encounter, Plaintiff was confined by the Defendant within a

limited space, and was not able to leave, enforced by violent acts and implicit threats,

after being attacked.

31. The actions as described herein of Defendant officer, under color of state

law, deprived Plaintiff of the rights, privileges, liberties, and immunities secured by the

Constitution of the United States of America, including the right to freedom from

unreasonable seizure as guaranteed by the Fourth Amendment to the Constitution of the

United States of America, made actionable pursuant to 42 U.S.C. 1983, and were the

proximate cause of Plaintiffs injuries, including loss of liberty, physical and emotional

harm, economic costs, and dignitary injuries.

SECOND CLAIM FOR RELIEF

42 U.S.C. 1983 Fourth Amendment Violation Excessive Force
(Against Defendant Browne)

32. Plaintiff hereby incorporate by reference, as though fully set forth herein,

each and every allegation contained in the preceding Paragraphs of this Complaint.

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33. Defendant Officer Browne intentionally and knowingly, applied

unnecessary, unreasonable, and excessive force to Plaintiff Watlington by ordering his

K-9 Unit to attack and seize Plaintiff, and by failing to timely intervene to stop/prevent

the dog from chomping multiple times, dragging Plaintiff along the ground, and biting

Plaintiffs leg in a holding bite until the officer walked near. Defendant Browne did not

identify himself as a police officer, or issue audible commands or warnings before

resorting to force.

34. The actions detailed above were performed without legal justification or

purpose; they were not necessary for any legally justifiable seizure. There was no legal

basis for the officers to seize or injure Plaintiff.

35. Even if the conduct described above were used in conjunction with a

legally cognizable stop or detention, the force used was wholly unnecessary and reached

a quantum above and beyond that needed to effectuate any legally recognizable

detention.

36. The actions as described herein of Defendant Browne, while acting under

color of state law, deprived Plaintiff of the rights, privileges, liberties, and immunities

secured by the Constitution of the United States of America, including the right to

freedom from unreasonable seizure as guaranteed by the Fourth Amendment to the

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Constitution of the United States of America, made actionable pursuant to 42 U.S.C

1983, and was the motivating and proximate cause of Plaintiffs injuries, including

physical, emotional, economic, and dignitary harms.

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in

his favor and against all Defendants for compensatory damages, as referenced above, for

punitive damages, for interest as allowed by law, for costs, expert witness fees, and

reasonable attorney fees as allowed by statute or as otherwise allowed by law, and for

any other and further relief that this Court shall deem just and proper.

PLAINTIFF DEMANDS TRIAL TO

A JURY ON ALL ISSUES SO TRIABLE.

Respectfully submitted this 11th day of December, 2017.

Civil Rights Litigation Group, PLLC
s/ __Raymond K. Bryant________
Raymond K. Bryant
1543 Champa St., Suite 400
Denver, CO 80202
P: 720-515-6165
F: 720-465-1975
Raymond@rightslitigation.com

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 Case 1:17-cv-02972-REB-KLM Document 1-1 Filed 12/11/17 USDC Colorado Page 1 of 2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3
Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts
362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters
Medical Malpractice Leave Act 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights
Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION Brief description of cause:

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes
No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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 Case 1:17-cv-02972-REB-KLM Document 1-1 Filed 12/11/17 USDC Colorado Page 2 of 2
JS 44 Reverse (Rev. 06/17)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 1:17-cv-02972-REB-KLM Document 1-2 Filed 12/11/17 USDC Colorado Page 1 of 2

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)
)
Plaintiff
)
v. ) Civil Action No.
)
)
Defendant
)

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 1:17-cv-02972-REB-KLM Document 1-2 Filed 12/11/17 USDC Colorado Page 2 of 2

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

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