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Kathleen E. Martoncik, #023982 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ALAN PATRICK WOODS, Plaintiff, v. EDWARD S. DOBBERTIN, in his individual and official capacity as Police Chief of the Town of Patagonia; JANE DOE DOBBERTIN, a married individual; DALE L. STEVENSON in his individual and official capacities; JANE DOE STEVENSON, a married individual; PATAGONIA POLICE DEPARTMENT and the TOWN OF PATAGONIA; Defendants. COMPLAINT (TORT: Non-motor vehicle) (JURY TRIAL DEMANDED) No. ________________________
Plaintiff, Alan Patrick Woods, (hereinafter Mr. Woods or Plaintiff) for his Complaint against the Defendants, alleges as follows:
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JURISDICTION
1.
This action is brought pursuant to 42 U.S.C. 1983 and the Fourth and
5 U.S.C. 1331 and 1343(3) and (4) and the aforesaid statutory and constitutional provisions. 6 7 8 9 10
2.
Defendants a Notice of Claim more than sixty (60) days prior to the date of the filing of this Complaint. Defendants have not responded to the Notice of Claim.
3.
Venue is proper because the events at issue occurred in Santa Cruz County,
11 Arizona. 12 13 14
PARTIES
4.
Plaintiff Alan Patrick Woods is, and was at all times mentioned, a resident of
5.
a political subdivision of the State of Arizona, and a person within the meaning of 42 U.S.C. 1983.
6.
political subdivision of the State of Arizona, and a person within the meaning of 42 U.S.C. 1983.
7.
Arizona. At the time of the events in question, Defendant Dobbertin was the Chief of the Patagonia Police Department, or Town Marshall of the Town of Patagonia, Arizona. He
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1 was dismissed from that position in October 2010, in part due to the events described herein. 2 3 4
Defendant Dobbertin caused events to take place in Santa Cruz County, Arizona and was at all relevant times acting in furtherance of his marital community. He was the official
5 policymaker for the police department of the Town of Patagonia. Additionally, Defendant 6 Dobbertin, the Patagonia Police Department and the Town of Patagonia are vicariously 7 8 9 10
liable for the actions of their agents, officers, and employees. Defendant Dobbertin is named herein in his individual and official capacities.
8.
Arizona. At the time of the incidents at issue, Defendant Stevenson was employed by Defendant Town of Patagonia, through the Patagonia Police Department. Defendant
15 Stevenson caused events to take place in Santa Cruz County, Arizona and was at all relevant 16 times acting in furtherance of his marital community. 17 18 19
conduct of Defendant Stevenson as described herein were undertaken due to his employment with the Town of Patagonia and the Patagonia Police Department and under
GENERAL ALLEGATIONS
9.
Defendant Stevenson was a certified police officer with the Tucson Police
Department prior to the incidents at issue in this case. Defendant Stevensons certification
25 as a police officer lapsed in 2002, following his retirement from the Tucson Police 26 Department. 27
10.
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11.
officer in the Patagonia Police Department on September 8, 2009. Stevenson was issued a badge, uniform, and firearm during the first week of September 2009; he had keys to the
5 police station and access to its computer system; and he drove a police vehicle or otherwise 6 performed the official duties of a peace officer from that time forward. 7 8 9
12.
10 result of that call, Officer Ramsey and Defendant Stevenson arrested the Plaintiff. 11 12 13 14
13.
the time of the arrest and also carried a firearm and badge.
14.
Plaintiff was not combative at the time of his arrest. He was handcuffed with
15.
police station, which was less than half a mile away from where the arrest occurred.
16.
The Patagonia police station is, and was at the time, a trailer that is over 20
20 years old, roughly 50 feet long, and does not contain a holding cell. 21 22 23
17.
Plaintiff was instructed to sit on a couch in the Patagonia police station and
complied with this instruction. The locked entryway door to the station was approximately
24 10 feet in front of him. Defendant Stevenson sat at a desk 10 feet in front of Plaintiff and 30 25 feet to his left. While sitting at the desk, Defendant Stevenson faced in the same direction as 26 27
Plaintiff, away from Plaintiff and toward the wall in front of him.
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18.
Officer Ramsey left the trailer to interview witnesses at two locations nearby.
He returned approximately every 30 minutes. Plaintiff saw Officer Ramsey lock the front door every time before he left.
19.
20.
Defendant Stevenson sought permission from Defendant Dobbertin to move the handcuffs
10 from back to front. Because Plaintiff had been very cooperative, the request was granted. 11 Defendant Stevenson moved Plaintiffs handcuffs from his back to his front, and Plaintiff 12 13 14 15 hours. 16 17 18
21.
Defendant Stevenson and Plaintiff then sat in the trailer for approximately two
22. 23.
At the time of the arrest, Plaintiff had a history of attempted suicide. While Plaintiff was at the police station, four full Coors Light beer bottles
24.
Plaintiff stood and picked up one of the Coors Light bottles, intending to
break it and then use the broken bottle to cut his own throat.
25.
At that time, Plaintiff did not see Defendant Stevenson, who was behind him
24 30 feet and 10 feet to the side. Plaintiff never turned towards Defendant Stevenson at any 25 time with the bottle in his hand. 26 27
1 2 3 4 5 6 throat. 7 8 9 10
26.
Plaintiff tried to break the bottle three times on the desk. Because it would not
break, Plaintiff moved past the desk toward a door jamb in the hallway, and further away from Defendant Stevenson.
27.
Plaintiff broke the bottle on the door jamb and then used it to cut his own
28.
At this time, Defendant Stevenson knocked Plaintiff to the floor and held him
in a headlock.
29.
30.
Plaintiff was taken to the hospital, where a doctor determined that the cuts had
31.
32.
The report stated that Plaintiff slashed and stabbed at Defendant Stevenson
33.
Plaintiff did not slash or stab at Defendant Stevenson with the beer bottle.
34.
Defendant Stevenson stated in his police report that Plaintiff tried to escape
35.
Plaintiff did not try to escape through the door to the station.
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36.
Dobbertin had spoken with Plaintiff before his arrest and recognized him at the time of the arrest.
37.
38.
Defendant Dobbertins report also stated that Plaintiff jumped up and ran to
39.
while engaged in the execution of official duties, a Class 2 Felony. A copy of the Complaint is attached as Exhibit A.
40. 41.
Defendant Dobbertin also charged Plaintiff with escape, a class 4 felony. Defendant Dobbertin knew that Defendant Stevenson was not a certified
police officer at the time of Plaintiffs arrest and at the time that he swore out the Complaint.
42.
Defendant Dobbertin knew or should have known that under Arizona law, no
20 person may exercise the authority or perform the duties of a peace officer unless he is 21 22 23
certified.
43.
44.
1 have understood that Defendant Stevenson was not a certified police officer until the waiver 2 3 4
45.
Defendant Dobbertin had himself applied for a waiver when he was hired by
46.
On September 24, 2009, Plaintiffs bail was set at $400,000.00, largely based
upon Defendant Dobbertins sworn complaint alleging that Plaintiff had assaulted a peace officer and attempted to escape custody.
47.
11 Defendant Stevenson was the only witness for the police. He testified that he had been a 12 13 14
48.
In fact, Defendant Stevenson was not entered onto the Citys payroll until one
49.
In addition, Defendant Stevenson was not a certified police officer until his
50.
Upon information and belief, Defendant Stevenson did not know that his
20 recertification had been approved when he testified that he was a police officer. 21 22 23 24
51.
52.
Defendant Stevenson testified that Plaintiff slashed at him with the broken
25 beer bottle and that Plaintiff tried to escape through a locked door. 26 27
53.
Based on this testimony, a justice of the peace found that there was probable
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54.
charging Plaintiff with assaulting a peace officer and escape, in addition to unrelated charges arising out of the domestic violence incident.
55.
At Plaintiffs trial on those charges, Defendant Stevenson was asked how long
6 he had been a police officer. He testified that he had been a police officer since 1979. 7 8 9 10
Defendant Stevenson failed to disclose that he was not a certified peace officer when he arrested Plaintiff.
56.
At Plaintiffs trial, Defendant Stevenson was asked how long he had been with
11 the Patagonia police department. He testified that he started with the Department in April 12 13 14
2009.
57.
Plaintiff was tried and sentenced to 20.75 years in prison on May 26, 2010. Of
15 those 20.75 years, 15 were for assault on a peace officer and an additional 3.75 were for 16 escape. The remaining two years were for unrelated convictions arising out of the domestic 17 18 19
violence incident.
58.
The only crime that Plaintiff was convicted of and that carries a mandatory
20 prison sentence under law is assault on a peace officer. If Plaintiff had not been charged 21 with and convicted of assault on a peace officer, he might have obtained a probation 22 23 24
sentence.
59.
Plaintiff had been in jail for 8 months at the Santa Cruz County Jail at the time
25 of his sentencing. Plaintiff had never been in prison before he was sentenced. 26 27
60.
After the sentence, Plaintiff was transferred to Florence prison. Due to the
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61. 62.
Plaintiff was assaulted and beaten while in the 4 yard. Sometime after Plaintiff was sentenced, it was discovered that Defendant
Stevenson was not a certified police officer at the time of the arrest. Based on that
5 information, Plaintiffs criminal defense counsel filed a Motion to Vacate his sentence. 6 7 8 9 10
63.
officer, admitting that Defendant was inappropriately tried on the charge of aggravated assault of a peace officer, inappropriately convicted and inappropriately sentenced.
64.
The Prosecutor also stated that the Patagonia Police Department misled the
11 Prosecutors office by not disclosing Stevenson was not AZPOST certified on September 12 13 14
22, 2009.
65.
15 Cruz ordered that the charges against Plaintiff for escape and assault on a police officer be 16 dismissed with prejudice. The Judge ordered Plaintiff to be released from custody, and the 17 18 19 20 21 22 23 24 25 26 27
remaining charges arising out of the domestic violence incident to be dismissed without prejudice.
66.
The Judges minute entry stated that the integrity of judicial system was
compromised with misleading and false statements; that there was a disservice to honest and hardworking peace officers; and that the case was tainted and that the integrity of [the] Court was compromised.
67.
The Court also set an Order to Show Cause as to the Town of Patagonia Police
and Defendant Dobbertin. After a hearing, the Court found that Defendants Dobbertin and
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1 Stevenson acted in a matter [sic] to obstruct the administration of justice, and Defendants 2 3 4
68.
COUNT ONE 42 U.S.C. 1983 Loss of Liberty (As Against All Defendants)
69.
Plaintiff reasserts and realleges each and every paragraph, 1 through 68,
70.
and conviction of Plaintiff without probable cause for assaulting a police officer and escape, in violation of Plaintiffs due process rights under the Fourth and Fourteenth Amendments.
71.
16 sustained damages, including but not limited to pecuniary loss, loss of liberty, mental 17 18 19
anguish, injury, and pain and suffering, all in an amount to be proven at trial.
72.
Defendants Dobbertin and Stevenson had reason to know of, and consciously
20 disregarded a substantial risk that their conduct would significantly injure Plaintiff. Plaintiff 21 therefore requests an award of punitive damages against Defendants Dobbertin and 22 23 24
Stevenson in an amount to be proven at trial. Plaintiff does not seek punitive damages against Defendant Dobbertin in his official capacity or against the Town of Patagonia or the
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73.
Plaintiff reasserts and realleges each and every paragraph 1 through 72 above
74.
Department had a duty of care to Plaintiff to employ only certified peace officers to perform the duties of police officers. Defendant Dobbertin, the Town of Patagonia and the Patagonia
10 Police Department breached this duty by employing Defendant Stevenson to perform the 11 duties of a certified police officer before he was certified. 12 13 14
75.
15 encouraging, and providing the information on which Plaintiffs criminal prosecution was 16 based. Defendants Dobbertin and Stevenson breached this duty by, among other things, not 17 18 19
76.
20 constructive knowledge that their acts and/or omissions would result in harm to the Plaintiff. 21 Defendants Dobbertin and Stevensons actions were flagrant and evince a lawless and 22 23 24
77.
The Town of Patagonia and Patagonia Police Department are responsible for
25 the actions of their individual officers and employees under the doctrine of respondeat 26 superior. 27
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78.
damages in an amount to be proven at trial. COUNT THREE Malicious Prosecution (As Against All Defendants)
79.
Plaintiff reasserts and realleges each and every paragraph, 1 through 78,
80.
10 initiated a criminal prosecution against the Plaintiff for the crimes of assaulting a police 11 officer and escape. 12 13 14
81.
Defendants had no probable cause to prosecute Plaintiff for those crimes, and
they initiated the prosecution with malice. As such, Defendants Dobbertin and Stevenson
82.
against a peace officer and escape were dismissed with prejudice on September 8, 2010.
83.
20 reponsible for the actions of their individual officers and employees under the doctrine of 21 respondeat superior. 22 23 24
84.
Plaintiff, he was convicted and sentenced to 20.75 years in prison. Of those 20.75 years,
85.
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1 2 3 4 5 6 7 8 9
86.
Plaintiff reasserts and realleges each and every paragraph, 1 through 85,
87.
including the initiation and advancement of a criminal prosecution against the Plaintiff for ulterior motives, including but not limited to diverting attention from the illegal employment
88.
Defendant Dobbertin also knew the Plaintiff and may have been motivated by
89.
The Town of Patagonia and the Patagonia Police Department are responsible
15 for the actions of their individual officers and employees under the doctrine of respondeat 16 superior. 17 18 19 20 21 22 23 24
90.
As a result, Plaintiff was damaged in an amount to be proven at trial. COUNT FIVE Intentional Infliction of Emotional Distress (As Against All Defendants)
91.
Plaintiff reasserts and realleges each and every paragraph, 1 through 90,
92.
25 extreme and outrageous, and was either intended to cause emotional distress to Plaintiff or 26 was performed in reckless disregard of the near certainty that such distress would result 27
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1 2 3 4
93.
wrongful conduct.
94.
The Defendant Town of Patagonia and the Patagonia Police Department are
5 responsible for the actions of their individual officers and employees under the doctrine of 6 respondeat superior. 7 8 9 10 11 12 13 14
95.
Plaintiff was damaged by these actions in an amount to be proven at trial. COUNT SIX Fraud/Negligent Misrepresentation (As Against All Defendants)
96.
Plaintiff reasserts and realleges each and every paragraph, 1 through 95,
97.
Defendant Stevenson represented that he was a certified peace officer with the
15 City of Patagonia at the time of the Plaintiffs arrest. Defendant Stevenson wore a Patagonia 16 police uniform, carried a badge and gun, and identified himself as a police officer at the 17 18 19
scene.
98.
Defendant Stevenson knew he was not a certified peace officer for the Town
20 of Patagonia at the time of the Plaintiffs arrest and that his representation to the contrary 21 was false. 22 23 24 25
99.
100. Plaintiff had a right to rely on Defendant Stevensons representations and was
26 ignorant of the fact that Defendant Stevenson was not a properly certified peace officer. 27
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1 2 3 4 5
102. Defendant Dobbertin knew or should have known that Defendant Stevenson
6 was not a certified peace officer at the time of the Plaintiffs arrest and Defendant 7 8 9
103. Defendant Dobbertin intended for Plaintiff to rely on his representation that
104. Plaintiff had a right to rely on Defendant Dobbertins representations and was
ignorant of the fact that Defendant Stevenson was not a properly certified peace officer.
15 his detriment in, among other things, presenting his legal defense, causing him to be 16 convicted of assault on a peace officer and escape. 17 18
106. Defendants Stevenson and Dobbertin had a duty to Plaintiff not to provide
19 false information during the conduct of official duties, including but not limited to arrest, 20 filing of reports, signing of sworn documents, and testifying in court. 21 22 23 24
108. The Defendant Town of Patagonia and the Patagonia Police Department are
25 responsible for the actions of their individual officers and employees under the doctrine of 26 27
respondeat superior.
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109. Defendants are liable to the Plaintiff for fraud and/or negligent
misrepresentation in an amount to be determined at trial. PRAYER FOR RELIEF WHEREFORE, Plaintiff Alan Woods prays for judgment against Defendants as
6 follows: 7
A.
B.
For taxable costs and pre- and post- judgment interest to the extent permitted
10 by law; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
C. D. E.
For punitive damages; For attorneys fees and costs pursuant to 42 U.S.C. 1988; and For any other relief that the Court deems just.
DATED this 29th day of June, 2011. WILENCHIK & BARTNESS, P.C. /s/Dennis UI. Wilenchik Dennis I. Wilenchik, Esq. Kathleen E. Martoncik, Esq. The Wilenchik & Bartness Building 2810 North Third Street Phoenix, Arizona 85004 admin@wb-law.com Attorneys for Plaintiff
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Original filed using the Courts Electronic Case Management system th 3 this 29 day of June, 2011:
2 4 U.S. DISTRICT COURT 5 Sandra Day O'Connor U.S. Courthouse 6 Phoenix, AZ 85003-2118 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
__/s/ K. Rhoad_
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