United States of America v. Kroack

Filing 1

COMPLAINT against defendant(s) John C Kroack, filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Diaz, J.) (Fee Waived)

United States of America v. Kroack

Doc. 1

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Hon._____________

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE UNITED STATES OF AMERICA, Plaintiff, v. COMPLAINT JOHN C. KROACK, Civil Action No. _____________

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Defendant.
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Plaintiff, the United States of America, by and through its undersigned attorneys, brings this civil cause of action against Defendant, John C. Kroack under the Freedom of Access to Clinic Entrances Act ("FACE"), 18 U.S.C. ' 248 (1994), and alleges as follows: I. NATURE OF ACTION 1. On January 7, 2010, Defendant used force and physically obstructed the entrance

to a reproductive health services facility with the intent to injure, intimidate and interfere with persons seeking and providing reproductive health services. Based upon these and other actions, in bringing this action, the United States has reasonable cause to believe: (1) Defendant has committed, and is likely to continue to commit, violations of FACE; and (2) various persons are being, have been, and will continue to be injured by Defendant's conduct. Accordingly, the United States seeks, inter alia, a permanent injunction against Defendant from coming within 25 feet of the reproductive health services facility in question and a civil penalty.
UNITED STATES ATTORNEY Complaint - 1 (Civil Action No.______)
700 STEWART STREET , SUITE 5220 SEATTLE, WASHINGTON 98101-1271 [phone]

Dockets.Justia.com

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II. JURISDICTION AND VENUE 2. This Court has jurisdiction over this action pursuant to FACE, 18 U.S.C.

' 248(c)(2), and 28 U.S.C. '' 1331, 1345, and 1355. 3. Venue is proper in this judicial district pursuant to 28 U.S.C. '' 1391(b)(1) and

(b)(2), in that, upon information and belief, Defendant resides in this judicial district and all the events giving rise to this complaint occurred in this judicial district. III. PARTIES 4. Plaintiff is the sovereign United States of America, which has standing to bring

this action pursuant to FACE, 18 U.S.C. ' 248(c)(2). 5. On information and belief, Defendant resides in Mountlake Terrace, Washington. IV. FACTUAL BACKGROUND 6. The Lynnwood Health Center ("Health Center") is a reproductive healthcare clinic

located at 19505 76th Avenue in Lynnwood, Washington. 7. The employees of the Health Center provide, and the patients of the Health Center

seek, reproductive health care services. 8. On January 5, 2010, Defendant entered the Health Center waiting room and

engaged the Health Center manager in conversation about abortion services. The Defendant grew agitated and exited the Health Center without further incident. 9. Two days later, in the early morning hours of January 7, 2010, Defendant was

witnessed walking along the wooded perimeter of the Health Center property. 10. At approximately 10:30 a.m. on January 7, 2010, Defendant entered the Health

Center waiting room, and engaged the front desk employee in conversation about abortion services. 11. Defendant became agitated and attempted to open the door that separated the

waiting room from the exam room hallway. 12. When Defendant could not open the door, he kicked the door several times, and

threw his shoulder and body against the door several times. 13. As the Defendant struck the door, he yelled: "You baby killers! You are all going

to hell for being murderers."
UNITED STATES ATTORNEY Complaint - 2 (Civil Action No.______)
700 STEWART STREET , SUITE 5220 SEATTLE, WASHINGTON 98101-1271 [phone]

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Defendant's blows impacted a Health Center nurse, who had pressed his body

against the reverse side of the door in an attempt to reinforce the door against the Defendant's strikes. 15. Defendant's actions caused the Health Center manager to call 911, and then to

direct staff to take refuge in a "safe room" in the rear of the Health Center. 16. Defendant did not stop beating on the door until police arrived at the Health

Center and apprehended Defendant, placing him in handcuffs. 17. 18. Defendant told the police that they "need to watch this place." Defendant's car, which he had parked in the Health Center parking lot, contained

a machete and several "army-style" bags containing netting, rip cord, tools, and camouflage clothing. V. CAUSE OF ACTION UNDER 18 U.S.C. ' 248 19. hereof. 20. Defendant's conduct as described in paragraphs 9 through 18 hereof constitutes a The United States incorporates herein the averments of paragraphs 1 through 18

physical obstruction that intimidated and/or interfered with reproductive health service providers in violation of FACE, 18 U.S.C. § 248(a)(1). 21. Defendant's conduct as described in paragraphs 9 through 18 hereof constitutes a

use of force that intimidated and/or injured reproductive health service providers in violation of FACE, 18 U.S.C. § 248(a)(1). 22. On information and belief, unless Defendant is restrained by this Court, Defendant

will again engage in the illegal conduct averred herein, or other similar illegal conduct targeted against the Health Center. VI. PRAYER FOR RELIEF 23. The United States is authorized under 18 U.S.C. ' 248(c)(2)(B) to seek and

obtain temporary, preliminary, and/or permanent injunctive relief from this Court for Defendant's violation of FACE. 24. The United States is further authorized under 18 U.S.C. ' 248(c)(2)(B)(i) to assess

a civil penalty against a respondent no greater than $10,000.00 for a nonviolent physical obstruction.

UNITED STATES ATTORNEY Complaint - 3 (Civil Action No.______)
700 STEWART STREET , SUITE 5220 SEATTLE, WASHINGTON 98101-1271 [phone]

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WHEREFORE, the United States respectfully requests judgment in its favor and against Defendant, John C. Kroack, in the form of: A. An Order prohibiting Defendant, John C. Kroack, from coming within 25 feet of

the Health Center property; B. An Order prohibiting Defendant, John C. Kroack, and his representatives, agents,

employees and any others acting in concert or participation with him, from violating the Freedom of Access to Clinic Entrances Act; and C. A civil penalty assessment in the amount of $10,000.00.

Dated this 11th day of March, 2011.
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Respectfully submitted,
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THOMAS E. PEREZ Assistant Attorney General Civil Rights Division JONATHAN SMITH, Chief JULIE ABBATE, Deputy Chief Special Litigation Section /s/ William E. Nolan WILLIAM E. NOLAN * Senior Trial Attorney U.S. Department of Justice Civil Rights Division Special Litigation Section 950 Pennsylvania Ave., N.W. Washington, DC 20530 Phone: [phone]; Fax: [phone] Email: [e-mail] JENNY A. DURKAN UNITED STATES ATTORNEY /s/ J. Michael Diaz J. MICHAEL DIAZ, WSBA # 38100 Assistant United States Attorney United States Attorney's Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Phone: [phone]; Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff United States of America * Conditional Admission Pending
UNITED STATES ATTORNEY Complaint - 4 (Civil Action No.______)
700 STEWART STREET , SUITE 5220 SEATTLE, WASHINGTON 98101-1271 [phone]