Hamilton et al v. City of Berkeley et al

Filing 1

COMPLAINT FOR DAMAGES against All Defendants ( Filing fee $ 400, receipt number 0971-8024562.). Filed byDe'Von Hamilton, Jacory Brown. (Attachments: # 1 Civil Cover Sheet)(Burris, John) (Filed on 9/23/2013)

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JOHN L. BURRIS ESQ., SBN 69888
DEWITT M. LACY ESQ., SBN 258789
LAW OFFICES OF JOHN L. BURRIS
AIRPORT CORPORATE CENTRE
7677 OAKPORT STREET, SUITE 1120
OAKLAND, CALIFORNIA 94621
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]

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Attorney(s) for Plaintiff

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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) Case No.:
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JACORY BROWN and DE’VON
) COMPLAINT FOR DAMAGES
HAMILTON, individuals,
) (42 U.S.C § 1983 and pendent tort claims)
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Plaintiff,
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v.
) JURY TRIAL DEMANDED
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CITY OF BERKELEY, a municipal
corporation; ‘FNU’ MILES, individually and )
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in his official capacity as Police Officer for the )
City of Berkeley Police Department and
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DOES 1-50, inclusive; individually and in
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their capacities as law enforcement officers
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and/or personnel for the Berkeley Police
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Department,
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Defendants
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INTRODUCTION
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1.

This is an action for damages brought pursuant to Title 42 U.S.C § 1983 and 1988

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and the Fourth and Fourteenth Amendments to the United States Constitution, under California
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Civil Code § 52.1 and under the common law of California. This action is against the City of
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Berkeley.
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JURISDICTION

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2.

This action arises under Title 42 of the United States Code, Section 1983.

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Jurisdiction is conferred upon this Court by Title 42 of the United States Code, Section 1331 and

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1343. The unlawful acts and practices alleged herein occurred in the City of Berkeley which is

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within this judicial district.
PARTIES

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3.

At all times relevant to this complaint, Plaintiff JACORY BROWN (hereinafter

“Plaintiff”) was and is a resident of El Sobrante, California and a United States Citizen.
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At all times relevant to this complaint, Plaintiff DE’VON HAMILTON

(hereinafter “Plaintiff”) was and is a resident of Stockton, California and a United States Citizen.
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Defendant CITY OF BERKELEY (hereinafter “Defendant”) are and at all times

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herein mentioned is a municipal entities duly organized and existing under the laws of the State

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of California. Under its supervision, the City of Berkeley operates the Berkeley Police

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Department.

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6.

Defendant “FNU” MILES (hereinafter “MILES”) is a natural person. He is being

sued in his individual and official capacity as Police Officer for the City of Berkeley.
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Plaintiffs are ignorant of the true names and/or capacities of defendants sued

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herein as DOES 1 through 25, inclusive, and therefore sue said defendants by such fictitious

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names. Plaintiffs will amend this complaint to allege their true names and capacities when

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ascertained. Plaintiffs believe and allege that each of the DOE defendants is legally responsible

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and liable for the incident, injuries and damages hereinafter set forth. Each defendant

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proximately caused injuries and damages because of their negligence, breach of duty, negligent

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supervision, management or control, violation of public policy, and false arrests. Each defendant

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is liable for his/her personal conduct, vicarious or imputed negligence, fault, or breach of duty,

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whether severally or jointly, or whether based upon agency, employment, ownership,

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entrustment, custody, care or control or upon any other act or omission. Plaintiffs will ask leave

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to amend this complaint subject to further discovery.

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course and scope of their employment.
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In doing the acts alleged herein, Defendants, and each of them acted within the

In doing the acts and/or omissions alleged herein, Defendants, and each of them,

acted under color of authority and/or under color of law.
10.

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Due to the acts and/or omissions alleged herein, Defendants, and each of them,

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acted as the agent, servant, and employee and/or in concert with each of said other Defendants

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herein.

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For State causes of action related to Federal claims, Plaintiffs are required to

comply with an administrative claim requirement under California law. Plaintiffs have complied
with all applicable requirements.
FACTS

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On September 21, 2011 at approximately 4 p.m., Plaintiff’s JACORY BROWN

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was standing in front of a friend’s house, located at 1217 Haskell Avenue, in Berkeley,

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California.

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An unmarked white van pulled up to the house and City of Berkeley Police

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Officers got out of the van, accompanied by Plaintiff, DE’VON HAMILTON. Mr. Hamilton had

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been taken into custody nearby and the officers transported him back to the 1217 Haskell house.

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The officers detained Mr. Brown and placed him into the back of a patrol car.

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One of the officers showed Mr. Brown a piece of paper with his name on it, which the officers

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claimed was a search warrant. Mr. Brown told the officers that he did not live at the residence.

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The officers placed Mr. Hamilton into the back of a patrol car.

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Officers went inside the residence and performed a search while Mr. Brown and

Mr. Hamilton remained in the patrol car.
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After searching the house, the officers took Mr. Brown and Mr. Hamilton out of

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the patrol car and brought them into the house. The officers ordered Mr. Brown and Mr.

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Hamilton to strip naked. Mr. Brown and Mr. Hamilton were humiliated but complied with the

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officers commands. During the search, the officers touched the men’s genitals and use their

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fingers to explore both of their anal cavities.

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After the strip and body cavity search, Mr. Brown and Mr. Hamiton were taken to

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the police station. Mr. Brown remained in custody for 48 hours prior to being released on bail.

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Mr. Hamilton remained in custody for one week, until he was released on his own recognizance.

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All charges were eventually dismissed.

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DAMAGES
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As a proximate result of Defendants’ conduct, Plaintiffs suffered assault, battery

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and substantial physical and emotional injuries. As a further proximate result of Defendants’

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conduct, Plaintiffs incurred damages caused by the blatant violation of their constitutionally

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protected rights. Plaintiffs suffered severe and extreme emotional distress, fear, terror, anxiety,

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humiliation, and loss of sense of security, dignity, and pride as a United States Citizen.
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The conduct of defendants was malicious, wanton, and oppressive. Plaintiffs are

therefore entitled to and aware of punitive damages against said defendants.

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CAUSES OF ACTION

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FIRST CAUSE OF ACTION

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(42 U.S.C. Section 1983)
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(Plaintiffs Against Defendants MILES and DOES 1-10)
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Plaintiffs hereby re-allege and incorporate by reference herein paragraphs 1

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through 19 of this Complaint.
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In doing the acts complained of herein, Defendants MILES and DOES 1-10,

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inclusive, and/or each of them, acted under color of law to deprive Plaintiffs of certain

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constitutionally protected rights, including, but not limited to:

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a.

The right to be free from unreasonable searches and seizures, as guaranteed by

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the Fourth and Fourteenth Amendments to the United States Constitution;

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b.

The right not to be deprived of life or liberty without due process of law, as

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guaranteed by the Fifth and Fourteenth Amendments to the United States

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Constitution;

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c.

Fourth, Fifth, and Fourteenth Amendments to the United States Constitution;

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The right to be free from the use of excessive force, which is guaranteed by the

d.

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The right to be free from interference within the zone of privacy, as protected
by the Fourth and Ninth Amendments to the United States Constitution;

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WHEREFORE, Plaintiffs pray for relief as hereinafter set forth.
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SECOND CAUSE OF ACTION

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(Assault and Battery)
(Plaintiffs Against MILES and DOES 1-10)

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Plaintiff re-allege and incorporate by reference herein paragraphs 1 through 22 of

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this Complaint.
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24.

Defendants MILES and DOES 1-10, inclusive, placed Plaintiffs in immediate

fear of bodily harm by assaulting them without any just provocation or cause. Defendants placed

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Plaintiffs in immediate fear of severe bodily harm or death without any just provocation or cause.
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Defendants and DOES 1-10, inclusive, placed Plaintiffs in immediate fear of severe bodily harm

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or death by using excessive and unwarranted force against him by strip and body cavity

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searching them without just provocation or cause.

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25.

These defendants’ conduct was neither privileged nor justified under statute or

common law.
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As a proximate result of defendants’ conduct, Plaintiffs suffered damages as

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hereinafter set forth.
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WHEREFORE, Plaintiffs pray for relief, as hereinafter set forth.

THIRD CAUSE OF ACTION

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(Intentional Infliction of Emotional Distress)
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(Plaintiffs Against Defendants MILES and DOES 1-10)

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Plaintiffs re-allege and incorporate by reference herein paragraphs 1 through 26 of

this Complaint.

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28.

The conduct of Defendants MILES and DOES 1 through 10, inclusive, as set

forth herein, was extreme and outrageous and beyond the scope of conduct which should be
tolerated by citizens in a democratic and civilized society. Defendants committed these extreme

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and outrageous acts with the intent to inflict severe mental and emotional distress upon Plaintiffs.
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29.

As a proximate result of Defendants’ willful, intentional and malicious conduct,

plaintiffs suffered severe and extreme mental and emotional distress. Therefore, Plaintiffs are
entitled to an award of punitive damages as against said defendants. Plaintiffs have suffered

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damages as hereinafter set forth.
WHEREFORE, Plaintiffs pray for relief as hereinafter set forth.

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FOURTH CAUSE OF ACTION

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(Violation of Civil Code Section 52.1)

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(Plaintiffs Against Defendants MILES and DOES 1-10)

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30.

Plaintiff re-alleges and incorporates by reference herein paragraphs 1 through 29

of this Complaint.

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31.

The conduct of Defendants, MILES and DOES 1 through 10, inclusive, as

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described herein, acting in the course and scope of their employment for Defendant City of

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Berkeley Police Department violated California Civil Code Section 52.1, in that they interfered

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with Plaintiffs’ exercise and enjoyment of their civil rights, through use of wrongful and
excessive force.

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32.

As a direct and proximate result of Defendants’ violation of Civil Code Section

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52.1. Plaintiffs suffered violation of his constitutional rights, and suffered damages as set forth
herein.
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Since this conduct occurred in the course and scope of their employment,

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Defendant is therefore liable to Plaintiffs pursuant to respondent superior.
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34.

Plaintiffs are entitled to injunctive relief and an award of their reasonable

attorney’s fees pursuant to Civil Code Section 52.1(h).

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WHEREFORE, Plaintiffs pray for relief, as hereinafter set forth.

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FIFTH CAUSE OF ACTION

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(Negligence)

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(Plaintiffs Against MILES and DOES 1-10)

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35.

Plaintiffs re-allege and incorporate by reference herein paragraphs 1 through 34 of

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this complaint, except for any and all allegations of intentional, malicious, extreme, outrageous,

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wanton, and oppressive conduct by defendants, and any and all allegations requesting punitive

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damages.

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36.

At all times herein mentioned, Defendants and DOES 1 through 10, inclusive,

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were subject to a duty of care to avoid causing unnecessary physical harm and distress to persons

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through their use of force and making of arrests. The wrongful conduct of Defendants, as set

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forth herein, did not comply with the standard of care to be exercised by reasonable persons,

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proximately causing plaintiff to suffer injuries and damages as set forth herein thereby breaching

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the duty owed. Pursuant to Government Code Section 815.2(a), Defendant is vicariously liable

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to Plaintiffs for their injuries and damages suffered as alleged herein, incurred as a proximate

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result of the aforementioned wrongful conduct of Defendants.

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37.

As a proximate result of Defendants’ negligent conduct, Plaintiffs suffered

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physical injury, severe emotional and mental distress, injury having a traumatic effect on

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Plaintiffs’ emotional tranquility, and damages.

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WHEREFORE, Plaintiff prays for relief as hereinafter set forth.
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JURY DEMAND
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Plaintiffs hereby demand a jury trial in this action.

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PRAYER
WHEREFORE, Plaintiffs pray for relief, as follows:

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1.

For general damages in a sum according to proof;

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For special damages in a sum according to proof;

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For punitive damages in a sum according to proof;

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For violation of California Civil Code Sections 52, statutory damages, and

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reasonable attorney’s fees;

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5.

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Defendant sheriffs/police, $25,000.00 for each offense and reasonable attorney’s

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For violation of California Civil Code Section 52(b), punitive damages against

fees;
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For reasonable attorney’s fees pursuant to 42 U.S.C. Section 1988;

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For cost of suit herein incurred; and

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For such other and further relief as the Court deems just and proper.

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Dated: September 21, 2013

The Law Offices of John L. Burris

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/s/ John L. Burris
John L. Burris
Attorney(s) for Plaintiff