Searls v. Grays Harbor County et al

Filing 1

COMPLAINT against defendant(s) All Defendants (Receipt # 0981-2538421), filed by Marcus R Searls. (Attachments: # 1 Civil Cover Sheet)(Rousso, Lee)

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UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON

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)
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Plaintiff,
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vs.
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GRAYS HARBOR COUNTY, THE CITY OF )
OAKVILLE, THE CITY OF ELMA, STEVE )
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LARSON, and RICHARD FLETCHER,
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Defendants.
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MARCUS SEARLS,

Cause No.
COMPLAINT FOR DAMAGES UNDER
42 U.S.C. § 1983
JURY DEMAND

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Plaintiff Marcus Searls, by and through his counsel of record, Lee H. Rousso, alleges as

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follows by way of a Complaint For Damages Under 42 U.S.C. § 1983:
PARTIES

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1.1

Plaintiff Marcus Searls (“Searls”) is a natural person residing in Elma, Grays Harbor

County, Washington. Searls is a resident of the Western District of Washington.
1.2

Defendant Grays Harbor County is a government entity duly formed under Title 36 of the

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Revised Code of Washington. Upon information and belief, Grays Harbor County provides law
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enforcement services under contract to the City of Oakville. Grays Harbor County sits in the

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Western District of Washington.

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COMPLAINT- 1

THE LAW OFFICE OF LEE H. ROUSSO
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
[phone](c)
[phone](f)

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1.3

Defendant City of Oakville is a government entity duly formed under Title 35 of the

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Revised Code of Washington. Upon information and belief, the City of Oakville does not have

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its own police department and contracts with Grays Harbor County for law enforcement services.

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The City of Oakville sits in the Western District of Washington.

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1.4

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Code of Washington. The City of Elma sits in the Western District of Washington.

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1.5

Defendant City of Elma is a government entity duly formed under Title 35 of the Revised

Defendant Steve Larson ( “Larson”) is a Grays Harbor County Sheriff’s Deputy. Upon

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information and belief, Steve Larson resides in the Western District of Washington.
1.6

Defendant Richard Fletcher (“Fletcher”) is a Lieutenant with the Elma Police

Department. Upon information and belief, Richard Fletcher resides in the Western District of

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Washington.

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II.

JURISDICTION AND VENUE

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2.1

This Court has original jurisdiction over the claims made herein under 28 U.S.C. § 1331

as these claims present a federal question.
2.2

Venue is proper in the Western District of Washington under 28 U.S.C. § 1391(b)(1) and

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28 U.S.C. § 1391(b)(2) as all defendants reside in the District and the actions giving rise to these
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claims occurred in the District.

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III.

FACTS

3.1

Plaintiff Searls resides in Elma, Washington.

3.2

From time to time, Searls places ads on the Craigslist website (www.craigslist.org)

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seeking sexual partners, both men and women.

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COMPLAINT- 2

THE LAW OFFICE OF LEE H. ROUSSO
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
[phone](c)
[phone](f)

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3.3

In January, 2011, Grays Harbor County Sheriff’s Deputy Steve Larson answered one of

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Searls’ Craigslist ads. The two men met on or about January 18, 2011, in Grays Harbor County

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and had consensual sex.

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3.4

Deputy Larson’s regular patrol area included the City of Oakville.

3.5

At this first meeting, Searls informed Larson that he planned on opening a medical

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marijuana dispensary in the City of Oakville. Larson responded by telling Searls that he could

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have Searls arrested and put in jail if he opened a dispensary. Searls believed that Larson could

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in fact cause Searls to be arrested.

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3.6

Searls also informed Larson that he did not want to have an ongoing relationship with

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him and did not want to meet again for sex. Larson responded by informing Searls that that the

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choice was not his to make, and that Searls would have to continue to provide sexual favors to

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Larson if he wanted to be in the dispensary business.

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3.7

On or about February 8, 2011, Searls opened a medical marijuana dispensary, Free World

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Enterprises, at 304 East Pine in the City of Oakville. When Searls opened the dispensary, it
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appeared that Washington would soon legalize marijuana dispensaries, although the enabling

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legislation, SB 5073, was eventually vetoed in most parts by Governor Gregoire.

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3.8

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at Searls’ residence in Elma. This usually consisted of a patrol car or cars parking across the

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After the dispensary opened, the Elma Police Department instituted regular surveillance

street from Searls’ residence for hours at a time.

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3.9

Within days of the dispensary’s opening, Larson renewed his demands for sex from

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Searls. Searls attempted to reject these demands, but Larson told Searls repeatedly that he could

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“put him in jail.”

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COMPLAINT- 3

THE LAW OFFICE OF LEE H. ROUSSO
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
[phone](c)
[phone](f)

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3.10

On approximately fifteen occasions between February 8, 2011 and June 18, 2011, Larson

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obtained sex from Searls under threat of arrest.

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3.11

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when Larson was on duty with the Grays Harbor County Sheriff’s Office. On at least one

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On at least two occasions the nonconsensual sex between Larson and Searls occurred

occasion, Larson and Searls had sex on the hood of Larson’s Grays Harbor Sheriff’s Office

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patrol car. On this occasion the sex was violent, as Larson pushed Searls’ face into the hood of

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the car with such force that it broke one of Searls’ teeth.

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3.12

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Larson usually transported Searls to remote wooded areas in Grays Harbor County for

their nonconsensual sexual encounters. He also occasionally transported Searls to motels,

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including motels in Tacoma and in Portland, Oregon.

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3.13

As Searls tried to terminate the sexual relationship with Larson, Larson intensified his

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pursuit. Larson often parked his Grays Harbor County Sheriff’s Office patrol car across the

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street from Free World Enterprises so that he could be in proximity to Searls. Searls found this

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stalking behavior to be very intimidating and frightening.
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3.14

On one occasion, Larson, in uniform, entered the dispensary during business hours and

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demanded that Searls close the shop so that Larson could transport him to another location for

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the purpose of having sex. Searls refused to do this and Larson became very angry, but

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eventually agreed to leave the store.

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3.15

On about June 1, 2011, Searls announced that he would be closing Free World

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Enterprises in response to a letter that he had received from the Grays Harbor County Sheriff.

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Searls was surprised to receive the letter, as Larson had continually assured him that the Sheriff’s

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Office would not take any action.

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COMPLAINT- 4

THE LAW OFFICE OF LEE H. ROUSSO
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
[phone](c)
[phone](f)

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3.16

However, while Searls had announced that the dispensary would be closed, he in fact

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continued to operate under what he believed was the protection of Larson. With the dispensary

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now underground, Larson had the leverage to step up his “sex or jail” demands. As the days

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passed, Searls became increasingly fearful for his safety. Searls knew he could not continue to

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have sex with Larson, but he also believed that Larson might turn violent if he rejected him.
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In order to escape Larson’s pursuit, Searls closed the dispensary for good on about June

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3.17

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18, 2011, and drove to Tumwater, Washington, where he checked into the Motel 6 at 400 Lee

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Street. However, when Larson persisted with text messages and telephone calls, Searls revealed

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his location. Larson informed Searls that he would be driving to Tumwater immediately.

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3.18

As Larson approached the Motel 6, Searls became increasingly fearful that Larson would

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commit an act of violence if Searls refused to have sex with him. Fearing for his life, Searls fled

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on foot and hid in a wooded area for hours.

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3.19

Larson continues to stalk Searls and has been seen doing so as recently as August 18,

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2011, when Larson tailed Searls as Searls drove through Elma.
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3.20

The relationship between Searls and Larson is documented by telephone records,

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including text messages.

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3.21

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On August 4, 2011, Searls was being followed through the City of Elma by a City of

Elma Police Department Vehicle driven by Lieutenant Richard Fletcher. Upon information and
belief, Fletcher recognized the plaintiff due to the plaintiff’s operation of Free World Enterprises.

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3.22

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placed Searls under arrest. Searls was charged with Disorderly Conduct in Elma Municipal

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Court, Cause No. 1Z0566444. Upon information and belief, Fletcher targeted Searls for

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harassment due to Searls’ previous involvement with Free World Enterprises.

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COMPLAINT- 5

Searls stopped his vehicle and asked Fletcher why he was being followed. Fletcher then

THE LAW OFFICE OF LEE H. ROUSSO
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
[phone](c)
[phone](f)

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3.23

Fletcher handcuffed Searls and placed him in the back seat of the police car. For

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approximately one hour, while Fletcher “investigated” the case, Searls was locked in the hot

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patrol car. The temperature outside was approximately 80 degrees; the temperature inside

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substantially hotter. The windows were closed and the air conditioning was off. Searls, who is

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asthmatic, suffered a severe asthma attack but had no access to his inhaler. As the temperature

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inside the car rose, Searls began to sweat profusely. By the time Fletcher returned to the police

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car, Searls was soaked with perspiration from head to toe and fearful for his life. Searls was also

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in excruciating pain due to a recent medical procedure.

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3.24

When Searls complained to Fletcher about the dangerous heat in the car, Fletcher

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responded by laughing at him.

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3.25

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non-enforcement of state drug laws, Larson was acting under color of state authority.

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Fletcher was acting under color of state authority.

When Larson extracted sex from Searls in exchange for non-enforcement or purported

When Fletcher maliciously exposed Searls to dangerous conditions in a locked car,

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IV.

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CAUSES OF ACTION

FIRST CAUSE OF ACTION—SEXUAL EXTORTION COMMITTED UNDER COLOR
OF STATE AUTHORITY IN VIOLATION OF 42 U.S.C. § 1983
(GRAYS HARBOR COUNTY, CITY OF OAKVILLE, STEVE LARSON)
4.1

Steve Larson extorted sex from the Searls by demanding a quid pro quo arrangement

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whereby Searls would provide sex in exchange for favorable treatment by the Grays Harbor
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County Sheriff’s Office.

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4.2

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2011. All sex acts thereafter were nonconsensual, as Larson forced himself on Searls under

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Searls did not want to have sex with Larson beyond their initial meeting on January 18,

circumstances amounting to extortion.

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COMPLAINT- 6

THE LAW OFFICE OF LEE H. ROUSSO
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
[phone](c)
[phone](f)

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4.3

When Larson demanded sex while on duty, Searls was “seized” for purposes of the

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Fourth Amendment.

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4.4

Larson committed these acts under color of state authority.

4.5

Under the doctrine of respondent superior, Grays Harbor County and/or the City of

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Oakville are liable for the torts committed by Larson while acting under color of authority.
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4.6

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Fourteenth Amendments to the United States Constitution. Searls’ rights to be free from

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unreasonable searches and seizures were violated, as were his due process rights.

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4.7

By extorting sex from Searls, Larson violated Searls rights under the Fourth, Fifth, and

Larson, Grays Harbor County, and the City of Oakville are liable for damages under 42

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U.S.C. § 1983.
SECOND CAUSE OF ACTION—ABUSE OF A DETAINED PERSON IN VIOLATION
OF 42 U.S.C. § 1983
(CITY OF ELMA, RICHARD FLETCHER)
4.8

Lieutenant Fletcher intentionally and maliciously placed Searls in a life threatening

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situation.
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4.9

By locking Searls in a hot car, Fletcher violated Searls’ right to be free from unreasonable

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searches and seizures under the Fourth Amendment to the United States Constitution.

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4.10

Larson committed these torts under color of authority.

4.11

The City of Elma is liable under the doctrine of respondeat superior for the torts

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committed by Fletcher.
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4.12

Fletcher and the City of Elma are liable for damages under 42 U.S.C. 1983.
V.

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PRAYER FOR RELIEF

Wherefore, Marcus Searls prays for the following relief:

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COMPLAINT- 7

THE LAW OFFICE OF LEE H. ROUSSO
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
[phone](c)
[phone](f)

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1. That judgment be entered in favor of the Plaintiff and against Defendants Grays Harbor

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County and the City of Oakville, both of them liable for the torts of Defendant Steve

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Larson, in an amount to be proven and trial, but not less than $15,000,000, or

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$1,000,000.00 for each nonconsensual sex act extracted from the Plaintiff;

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2. That judgment be entered in favor of the Plaintiff and against Defendant City of Elma,
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liable for the torts of Richard Fletcher, in an amount to be proven at trial, but not less than

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$1,000,000.00.

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3. That he be awarded his reasonable attorneys’ fees as allowed by statute; and
4. That the Court grant him such other relief as this Court deems fair.

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JURY DEMAND

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Plaintiff Marcus Searls hereby demands a trial by jury on claims made in this Complaint.

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DATED this the 28th day of August, 2011.

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THE LAW OFFICE OF LEE H. ROUSSO

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By ____/s Lee H. Rousso____
Lee H. Rousso, WSBA #33340
The Law Office of Lee H. Rousso
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
206-623-3818
[e-mail]
Attorney for Marcus Searls

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COMPLAINT- 8

THE LAW OFFICE OF LEE H. ROUSSO
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
[phone](c)
[phone](f)