byrnes mill mo sued for unlawful seizure, battery and false arrest
DESCRIPTION
Plaintiff Greil sued the Byrnes Mill police and chief Ed Locke for arresting him for DWI with no cause, towing his car despite the presence of someone else who could have driven it away, and battery in 2013. Case was apparently settled.TRANSCRIPT
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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JASON GREIL ) ) Plaintiff, ) ) v. ) Case No. ) CITY OF BYRNES MILL, MISSOURI ) JURY TRIAL DEMANDED
) and )
) EDWARD LOCKE, SR. ) ) Defendants. )
COMPLAINT
PRELIMINARY STATEMENT
1. Plaintiff Jason Greil was stopped by a Byrnes Mill Police Officer, arrested for
Driving While Intoxicated, charged with Driving While Intoxicated and, despite the
fact that there was a sober, competent driver immediately available to remove his
car from the side of the road, his car was towed at the direction of the Byrnes Mill
Police.
2. This is a civil action seeking damages for the deprivation of Plaintiffs rights
secured under the Fourth and Fourteenth Amendment to the United States
Constitution for which a cause of action is provided by 42 U.S.C. 1983. Plaintiff
also asserts a claim for battery under Missouri common law.
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JURISDICTION AND VENUE
3. This Court has jurisdiction pursuant to 28 U.S.C. 1343 and 28 U.S.C. 1331.
Plaintiffs claims for relief are cognizable under 42 U.S.C. 1983 and 1988, and
under Missouri state law. The Plaintiff respectfully invokes the supplemental
jurisdiction of the Court to hear and decide his claims arising under Missouri state
law.
4. Venue is appropriate in this Court pursuant to 28 U.S.C. 1391(b) because the
Defendant is located, and all incidents giving rise to this suit occurred, in this
judicial district.
PARTIES
5. Plaintiff Jason Greil is a citizen and resident of the City of Dittmer, State of
Missouri and of the United States of America.
6. At all times referred to herein, Defendant Byrnes Mill, Missouri was a municipal
corporation, organized and function pursuant to Missouri law.
7. At all times referred to herein, Edward Locke, Sr. was a law enforcement officer
employed by the Defendant Byrnes Mill, and was the Chief of Police and
policymaker for Defendant Byrnes Mill in matters of law enforcement and was
acting under color of law. Defendant Locke is sued in his individual capacity.
FACTS
8. On January 29, 2012, Plaintiff was driving on Highway 30 through within the City
Limits of Defendant Byrnes Mill when he was caused to pull over by a Byrnes Mill
Police Officer
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9. Upon stopping his vehicle, Plaintiff was contacted by an unidentified officer who
informed Plaintiff that he was speeding.
10. After Plaintiff was stopped, Defendant Locke arrived and Plaintiff was accused of
being intoxicated.
11. At the side of the road, he took two breathylyzer tests. He was then placed under
arrest at the direction of Defendant Locke.
12. Plaintiff was not intoxicated and the roadside breathylyzer tests did not indicate that
he was intoxicated.
13. While at the side of the road, Plaintiff overheard a discussion among the officers
about whether they would order that his car be towed. The officers discussed
whether any passenger was sober and could drive. Plaintiff stated to Defendant
Locke that his companion, Cyndi Fasnacht had consumed no alcohol and she was
permitted to drive his car. He made this statement to Defendant Locke prior to the
tow driver beginning the process for towing the car.
14. After Plaintiff had been removed by Defendant Locke, Plaintiffs wife, Kerry Greil
and Cyndi Fasnacht conversed with the tow truck driver and the police officers
about whether the car would be towed. A police officer made the statement that it
was up to the tow truck driver whether the car was towed. Upon hearing that,
Cyndi stated that she expected the car to be towed because of the profit motive of
the tow operator. Upon hearing that statement, the tow truck driver made a
statement to the effect that if Cyndi continued to run her mouth she would not be
able to retrieve the car for several days.
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15. The car was towed, the police officers left and Kerry Greil and Cyndi Fasnacht
were left standing on the side of Highway 30, in the early morning hours of a cold
January night and told that they could walk to a Taco Bell down the road.
16. Plaintiff was taken to the Byrnes Mill Police Department and administered a
breathylyzer that he passed. Nevertheless, he was booked by Defendant Locke and
then released on two summonses; one was for Driving While Intoxicated and the
other was for Speeding.
17. The summons for the speeding violation cited to the city ordinance that was
allegedly violated and alleged the speed at which Plaintiff was traveling and the
speed limit. It appears to have been filed out in a correct fashion. The summons
issued for the driving while intoxicated, which was signed by Defendant Locke,
contains no citation to the ordinance, and no record of the blood alcohol content
reading. Under the section that reads, Did then and there commit the following
offense. The facts supporting this belief are as follows: Defendant Locke wrote
simply, Driving while intoxicated.
18. Plaintiff was also released with documentation, including a temporary driving
permit, relative to an administrative suspension of his license.
19. The Driving While Intoxicated charge was refused and not issued and the
administrative suspension action was dismissed.
20. Plaintiff received a letter from the Missouri Department of Revenue that informed
Plaintiff that the Missouri Department of Revenue had received an arrest report
from Byrnes Mill Police Department and we are unable to take any action because
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your blood alcohol is less than the minimum required for administrative action.
(Chapter 302 RSMo).
COUNT I
VIOLATION OF FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION, COGNIZABLE UNDER 42 U.S.C. 1983 BY
DEFENDANTS BYRNES MILL, MISSOURI AND EDWARD LOCKE, SR.
For his cause of action against Defendants Byrnes Mill, Missouri and Edward
Locke, Sr., Plaintiff states:
21. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through
20 of this complaint as though fully set forth herein.
22. Defendant Locke was the policymaker for the City of Byrnes Mill, Missouri in all
matters touching upon the police function in that city.
23. Defendant Byrnes Mill had a custom and practice of making unlawful arrests,
issuing unlawful charges and seizing vehicles in an unreasonable manner. As such,
Defendant Byrnes Mill was deliberately indifferent to the rights of individuals who
encountered Byrnes Mill police officers while driving.
24. The custodial arrest of Plaintiff was unreasonable because there was no probable
cause to believe that he had committed the offense of Driving While Intoxicated.
25. The seizure of Plaintiffs car was unreasonable because there was a sober driver at
the scene and Plaintiff authorized that person to have possession of his car.
26. Defendants Locke and Byrnes Mill knew that the seizure of Plaintiffs car was a
violation of the United States Constitution.
27. Defendant Locke either acquiesced in the towing of Plaintiffs car or directed that it
be towed. As the commander in chief of the Byrnes Mill Police Department and the
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policymaker for Byrnes Mill regarding police matters, he had a duty to supervise
the officers under his command and failed in that duty by either directing or
acquiescing in the towing of Plaintiffs car.
28. As a direct and proximate result of the aforedescribed unlawful acts Plaintiff
suffered damages, including the indignity of an unlawful arrest and the cost to
defend an unlawful charge, the cost of towing and storage, lost time from work
resulting in a loss of pay, attorneys fees to defend the Driving While Intoxicated
charge and significant emotional distress.
29. The acts of Defendant Locke were intentional, wanton, malicious, oppressive,
reckless and callously indifferent to the rights of Plaintiff thus entitling Plaintiff to
an award of punitive damages against Defendant Locke.
30. If Plaintiff prevails, he is entitled to recover attorneys fees pursuant to 42 U.S.C.
1988.
WHEREFORE, Plaintiff Jason Greil prays for judgment against Defendants City
of Byrnes Mill, Missouri and Edward Locke, Sr. jointly and severally, for compensatory
damages in an amount that is fair and reasonable, against Defendant Edward Locke, Sr.
for punitive damages, for attorneys fees and the costs of litigation, and for such
additional relief as is just and proper.
COUNT II
BATTERY OF PLAINTIFF BY DEFENDANT LOCKE
COGNIZABLE UNDER STATE LAW
For his cause of action against Defendant Locke in Count II, Plaintiff states:
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31. Plaintiff incorporates the allegations contained in paragraphs 1 through 30 of this
Complaint as though fully set forth herein.
32. When Plaintiff was taken into custody and transported to the Byrnes Mill Police
Department, he was placed in handcuffs and was handled by Defendant Locke.
33. The contact and touching of Plaintiff was unwanted, uninvited and offensive to
Plaintiff.
WHEREFORE, Plaintiff prays for judgment against Defendant Locke for
compensatory and punitive damages, for attorney fees and costs and for such further
relief as is appropriate.
COUNT III
FALSE ARREST & FALSE IMPRISONMENT BY DEFENDANT LOCKE COGNIZABLE UNDER STATE LAW
For his cause of action against Defendant Locke in Count III, Plaintiff states:
34. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through
33 of this complaint as though fully set forth herein.
35. Defendant Locke, at such times as previously set forth herein, intentionally caused
the detention and restraint of Plaintiff against his will without probable cause that
he had committed any crime.
36. Defendant Locke ordered the false arrested of Mr. Greil.
37. As a direct and proximate result of Defendant Locke causing the detention and
restraint of Plaintiff as aforedescribed, he suffered emotional distress and mental
anguish.
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38. The acts of Defendant Locke as aforedescribed were intentional, wanton, malicious
and oppressive, and the result of evil motive or reckless indifference, thus entitling
Mr. Greil to an award of punitive damages against Defendant Locke.
WHEREFORE, Plaintiff prays for judgment against Defendant Locke for
compensatory and punitive damages, for attorney fees and costs and for such further
relief as is appropriate.
Respectfully Submitted
May 24, 2013
THE RYALS LAW FIRM, P.C.
By: /s/ Stephen M. Ryals Stephen M. Ryals MO34149 3120 Locust Street St. Louis, MO 63103 (314) 862-6262 phone (314) 880-2027 facsimile [email protected] email
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