KEVINinTO
Thank you very much for link to the 19 page complaint.
p.2.....Parties
p.4....Introduction,
w quotes from US DOJ investigation report concluding FPD engaged in pattern or practice of unlawful conduct, routinely exhibiting bias towards AAs.
p.7...General Facts & Allegations
describing DJ's & MBs actions and DJ's, MB's & DW's interactions.
p.8... 1st C/Action = 42 USC 1983 violations. Institutional discrim.
para53.
demand for $25,000+ in damages.
p.12...2nd C/Action = Assault
More allegations re DW's actions
para
"20. On August 9, 2014, at approximately 12:00 p.m., Plaintiff Dorian Johnson was
peacefully and lawfully walking down Canfield Drive in Ferguson, Missouri with his companion
Michael Brown, Jr. Plaintiff and Brown’s actions did not impair or impede traffic."
"21. At the same time, Officer Darren Wilson was operating a marked police vehicle
on Canfield Drive. As he approached the pair, he slowed his vehicle to a stop and ordered them
to “Get the f*ck on the sidewalk.” "
"22. Officer Wilson continued to drive his vehicle several yards, then abruptly put his
vehicle into reverse and parked his vehicle at an angle so as to block the paths of Plaintiff
Johnson and Brown."
"23. When the pair was stopped by Officer Wilson without reasonable suspicion of
criminal activity, Plaintiff was then without justification and unreasonably detained."
"24. Officer Wilson stopped his vehicle just inches from Brown and forcefully opened
his door, striking Brown."
"25. Officer Wilson then reached through his window and grabbed Brown, who was
closer to Officer Wilson than Plaintiff Johnson. Officer Wilson thereafter threatened to shoot his
weapon. As Brown struggled to break free, Officer Wilson discharged his weapon twice,
striking Brown in the arm."
"26. Surprised by Officer Wilson’s use of excessive force and fearing for his life,
Plaintiff Johnson ran away from Officer Wilson simultaneously with Brown."
"27. At no point in time did Officer Wilson order Plaintiff Johnson or Brown to “stop”
or “freeze.” "
"28. Without any provocation by Plaintiff Johnson and without any legal justification,
Officer Wilson withdrew his weapon and fired it at Plaintiff Johnson and Michael Brown, Jr. as
they fled and ran away from him, striking Brown several more times." bbm
DJ's alleged injuries re assault
para 58. "As a direct and proximate result of the assault and described above, Plaintiff suffered apprehension of bodily harm, was frightened and otherwise caused to fear imminent bodily harm by Defendant's conduct."
para 59.
"As the direct and proximate cause of the mentioned acts by Defendant Wilson, Plaintiff suffered psychological injury, severe emotional distress, medical expenses, lost wages, living expenses, incurred additional expenses, and any other losses to be proven at trial." bbm
para 67.
a demand for $25,000+ in damages.
p.14...3rd C/Action = Intentional Infliction of Emotional Distress
More allegations re DW's actions
para 72
"As the direct and proximate cause of the mentioned acts of Defendant Wilson, Plaintiff suffered psychological injury, severe emotional distress, medical expenses, lost wages, living expenses, incurred additional expenses, and any other losses to be proven at trial." bbm
par 73
Seeks award of punitive damages against DW.
para 78
Seeks award of punitive damages against PC Jackson
para 80
a demand for $25,000+ in damages.
p...16. 4th C/Action = NegligentInfliction of Emotional Distress
More allegations re DW's actions
para 86
"As the direct and proximate cause of the mentioned acts of Defendant Wilson, Plaintiff suffered psychological injury, severe emotional distress, medical expenses, lost wages, living expenses, incurred additional expenses, and any other losses to be proven at trial." bbm
para 94
a demand for $25,000+ in damages.
p...18
Requests prelim & perm injunction against City
damages as mentioned ^para,s
atty fees,
court costs,
p..19
Requests jury trial.
