in the iowa district court for polk … · 1 in the iowa district court for polk county montray...
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IN THE IOWA DISTRICT COURT FOR POLK COUNTY
MONTRAY LITTLE and JARED CLINTON,
Plaintiffs, vs. KYLE THIES, individually and in his official capacity as a law enforcement officer for the Des Moines, Iowa Police Department; NATALIE HEINEMANN, individually and in her official capacity as a law enforcement officer for the Des Moines, Iowa Police Department; DANA WINGERT, individually and in his official capacity as Chief of Police for the Des Moines, Iowa Police Department; CITY OF DES MOINES, IOWA,
Defendant.
Case No. ______________________
PETITION AT LAW and JURY DEMAND
COME NOW the Plaintiffs, Montray Little and Jared Clinton, by and through the
undersigned counsel, and for their causes of action, respectfully state the following:
PARTIES
1. Plaintiff Montray Little is an African-American United States citizen and was
a resident of Des Moines, Polk County, Iowa at all times relevant to the events complained
of herein.
2. Plaintiff Jared Clinton is an African-American United States citizen and was
a resident of Des Moines, Polk County, Iowa at all times relevant to the events complained
of herein.
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3. Defendant Kyle Thies is believed to be a citizen and resident of Iowa and
was employed as a law enforcement officer with the Des Moines, Iowa Police Department
at all times relevant to the events complained of herein.
4. Defendant Natalie Heinemann is believed to be a citizen and resident of
Iowa and was employed as a law enforcement officer with the Des Moines, Iowa Police
Department at all times relevant to the events complained of herein.
5. Defendant Dana Wingert is believed to be a citizen and resident of Iowa
and at all times relevant to the events complained of herein, was employed as the Chief
of Police of the City of Des Moines Police Department.
6. Defendant City of Des Moines, Iowa is a municipal corporation organized
and authorized to operate under the laws of Iowa and is located at 400 East First Street,
Des Moines, Polk County, Iowa. Defendant City is responsible for maintaining and
operating the Des Moines Police Department.
JURISDICTION AND VENUE
7. Venue is proper in the District Court for Polk County pursuant to Iowa Code
§669.4(1) as the district in which Plaintiff resides and/or in which the acts and omissions
complained of occurred.
8. Subject matter jurisdiction of the District Court for Polk County is proper
pursuant to Iowa Code § 602.6101.
9. The amount in controversy exceeds the jurisdictional amount.
GENERAL FACTUAL ALLEGATIONS
10. All events complained of herein occurred in Polk County, Iowa.
11. On July 15, 2018, Defendants Thies and Heinemann were on patrol for the
Des Moines Police Department in Des Moines, Iowa.
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12. That day, Defendant Thies was driving a Des Moines Police patrol vehicle
and Defendant Heinemann was riding with him in the passenger seat.
13. Also on July 15, 2018, Mr. Little was driving a rental four-door sedan on or
about East Washington Avenue, Des Moines.
14. At approximately 9:05pm on July 15, 2018, Defendants Thies and
Heinemann activated the overhead lights on their patrol vehicle, signaling to Mr. Little that
they were initiating a traffic stop.
15. At all times material hereto, Mr. Little’s vehicle had no equipment violations
and he had violated no traffic laws.
16. The traffic stop by Defendants Thies and Heinemann was pretextual and
unlawful.
17. Mr. Little stopped his vehicle in response to Defendants Thies’s and
Heinemann’s show of authority.
18. Defendant Thies approached Mr. Little at his driver’s-side window and
spoke to Mr. Little through his open window.
19. At the same time, Defendant Heinemann approached Mr. Clinton at the
passenger’s-side window and kept a flashlight trained on him while Defendant Thies
spoke with Mr. Little.
20. Mr. Clinton remained quietly seated in the vehicle with his hands visible on
his lap and his seatbelt on.
21. Defendant Thies did not identify any reason for the traffic stop.
22. Defendant Thies proceeded to question Mr. Little about his activities and
asked him multiple times if he owned the vehicle.
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23. Defendant Thies seized Mr. Little’s car keys at the outset of the stop.
24. Defendant Thies repeatedly asked Mr. Little if he had any weapons on his
person or in the car.
25. Mr. Little repeatedly informed Defendant Thies that he had no weapons and
that there were no weapons in the vehicle.
26. Defendant Thies alleged the vehicle smelled like marijuana and he could
see marijuana shake on the floor of the vehicle.
27. The vehicle did not smell like marijuana.
28. Mr. Little informed Defendant Thies that there was no marijuana in the
vehicle and no marijuana shake in the floor of the vehicle.
29. Defendant Thies stated Mr. Clinton gave him the impression he had a gun
by the way he was holding himself.
30. Defendant Thies then asked Mr. Little for identification, which Mr. Little
provided.
31. After reviewing Mr. Little’s identification, Defendant Thies directed Mr. Little
to exit the vehicle.
32. Mr. Little asked Defendant Thies why he was being asked to exit the vehicle.
33. Defendant Thies provided no legal justification, responding instead
“because I just told you.”
34. Mr. Little complied with Defendant Thies’s command and exited the vehicle.
35. Defendant Thies immediately turned Mr. Little towards the vehicle and
pulled his arms behind his back.
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36. Defendant Thies held Mr. Little’s arms behind his back and frisked Mr. Little.
Defendant Thies pulled Mr. Little’s pants down below his underwear while doing so.
37. Defendant Thies then placed Mr. Little in handcuffs but told him he was not
under arrest.
38. Mr. Little complied with being placed in handcuffs.
39. Defendant Thies falsely accused Mr. Little of pulling away from him and
resisting being handcuffed.
40. Defendant Thies walked Mr. Little back to the patrol vehicle and seated him
in the backseat.
41. Defendant Thies threatened to take Mr. Little to jail when Mr. Little
questioned why he was being placed in the patrol vehicle in handcuffs.
42. Meanwhile, Defendant Heinemann remained outside the passenger-side
door of Mr. Little’s vehicle with her flashlight trained on Mr. Clinton.
43. Defendant Heinemann asked Mr. Clinton for identification, which he
provided.
44. After Defendant Thies handcuffed Mr. Little and placed him in the vehicle,
Defendant Heinemann directed Mr. Clinton to step out of the vehicle.
45. Defendant Heinemann directed Mr. Clinton to place his hands on his head
and then frisked Mr. Clinton.
46. After placing Mr. Little in the patrol vehicle in handcuffs, Defendant Thies
thoroughly searched the front passenger side, the glovebox, the center console, the
backseat, the front driver’s side, and the trunk of Mr. Little’s vehicle without legal
justification.
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47. There were no weapons in the vehicle or in the possession of Mr. Little or
Mr. Clinton.
48. Defendants Thies and Heinemann did not collect any marijuana or
marijuana shake from Mr. Little’s vehicle.
49. There was no marijuana or marijuana shake in the vehicle.
50. While Defendant Thies searched Mr. Little’s vehicle, Defendant Heinemann
detained Mr. Clinton near the front of the patrol vehicle.
51. Defendant Heinemann interrogated Mr. Clinton and attempted to get him to
admit that he and Mr. Little had been smoking marijuana.
52. Mr. Clinton denied smoking marijuana.
53. Defendant Heinemann then lectured Mr. Clinton that he should go back to
college and told him to Google “scholarships for African-Americans with a single mom.”
Defendant Heinemann had no knowledge of Mr. Clinton’s parents or their relationship.
54. Only after searching Mr. Little’s vehicle did Officer Thies lookup Mr. Little’s
license information in the computer system in the patrol vehicle.
55. After confirming there was no marijuana in the vehicle, Defendant Thies
proceeded to interrogate Mr. Little while he was in handcuffs in the backseat of the patrol
vehicle.
56. Defendant Thies repeatedly asked Mr. Little to admit to smoking marijuana
or at least being around people who were smoking marijuana.
57. Defendant Thies threatened to file unspecified charges against Mr. Little if
Mr. Little did not admit to having marijuana shake in his vehicle.
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58. When Mr. Little maintained he had not smoked marijuana or been around
anyone smoking marijuana and that he did not have marijuana in the vehicle, Defendant
Thies released him from the patrol vehicle and removed the handcuffs.
59. At no point during the traffic stop did Defendant Thies cite any legal
justification for the detention of Mr. Little and Mr. Clinton.
60. Throughout the interaction with Defendants Thies and Heinemann, Mr. Little
and Mr. Clinton were polite, responsive, calm, and non-threatening.
61. Neither Mr. Little nor Mr. Clinton had blood-shot eyes or impaired speech.
62. Neither Defendant Thies nor Defendant Heinemann ever accused Mr. Little
or Mr. Clinton of being impaired from alcohol or marijuana.
63. No citation was issued to Mr. Little or Mr. Clinton and they were released
from police detention.
64. On information and belief, Defendants Thies and Heinemann did not
complete any report regarding their detention and search of Mr. Little and Mr. Clinton.
65. On information and belief, Defendants Thies and Heinemann did not report
the traffic stop to dispatch.
66. On information and belief, Defendants Wingert and City of Des Moines,
Iowa possess information establishing that Defendants Thies and Heinemann have a
history of unconstitutionally and disproportionately detaining African-American individuals
and charging them with criminal offenses.
67. In 2017, 50% of the bookings completed by Defendant Thies were against
African-American individuals, though African-Americans represent only 11% of the Des
Moines population.
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68. In 2016, 47% of the bookings completed by Defendant Thies were against
African-American individuals.
69. In the first six months of 2018, 42% of the people booked into the Polk
County Jail by Defendant Thies have been African-American.
70. In 2017, 27% of the bookings completed by Defendant Heinemann were
against African-American individuals, though African-Americans represent only 11% of
the Des Moines population.
71. In 2016, 29% of the bookings completed by Defendant Heinemann were
against African-American individuals.
72. Upon information and belief, Defendant Wingert and City of Des Moines,
Iowa have received multiple complaints from African-American individuals regarding
Defendant Thies’ actions while on patrol.
73. Upon information and belief, Defendant Wingert and City of Des Moines,
Iowa have received a complaint that Defendant Thies falsely accused an African-
American man with having a weapon.
74. Upon information and belief, Defendant Wingert and City of Des Moines,
Iowa have received complaints that Defendant Thies falsely accused citizens of resisting
being placed in handcuffs when they in fact were compliant with being placed in
handcuffs.
75. Upon information and belief, Defendant Wingert and City of Des Moines,
Iowa have received a complaint that Defendant Thies wrongly seized $5,800 from an
African-American, alleging that the money was from drug proceeds despite finding no
drugs or evidence of drug distribution. The money was later returned to the citizen.
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76. Upon information and belief, Defendant Wingert and City of Des Moines,
Iowa took no action against Defendant Thies based upon these complaints.
77. Upon information and belief, 32% of the individuals booked into the Polk
County Jail by Des Moines police officers in 2017 were African-American, though African-
Americans represent only 11% of the Des Moines population.
78. Upon information and belief, the percentage of African-American individuals
booked into the Polk County Jail by Des Moines police was 30% in 2014; 30% in 2015;
and 31% in 2016, though African-Americans represented approximately 11% of the Des
Moines population.
CAUSES OF ACTION
COUNT 1
PRETEXTUAL STOP CIVIL RIGHTS VIOLATION OF ARTICLE I, § 8 OF THE IOWA CONSTITUTION
RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES (Against Defendants Thies and Heinemann, Individually)
79. Plaintiffs replead paragraphs 1 through 78 as if fully set forth herein.
80. This Count is alleged against Defendants in their individual capacities.
81. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
82. On July 15, 2018, Defendants violated Mr. Little’s and Mr. Clinton’s clearly
established state constitutional rights by effectuating a pretextual warrantless automobile
stop.
83. Defendants demonstrated a deliberate indifference to and reckless
disregard of Mr. Little’s and Mr. Clinton’s civil and constitutional rights.
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84. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
of Mr. Little’s and Mr. Clinton’s civil rights, justifying an award of punitive damages.
85. Mr. Little and Mr. Clinton hereby request reasonable attorney fees and costs
associated with prosecuting this action as Defendants’ violation of their constitutional right
was oppressive, conniving, harsh, cruel, and/or tyrannical.
86. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
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COUNT 2 MR. LITTLE SEACH & SEIZURE
CIVIL RIGHTS VIOLATION UNDER 42 U.S.C § 1983 VIOLATION OF 4th AMENDMENT TO THE UNITED STATES CONSTITUTION
RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES (Against Defendants Thies and Heinemann, Individually)
87. Plaintiffs replead paragraphs 1 through 86 as if fully set forth herein.
88. Defendants Thies and Heinemann are persons for the purpose of a Section
1983 action for damages and this Count is brought against them in their individual
capacities.
89. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
90. On July 15, 2018, Defendants violated Mr. Little’s clearly established federal
constitutional rights by seizing Mr. Little; seizing Mr. Little’s car keys; searching Mr. Little;
and placing Mr. Little in handcuffs without reasonable suspicion or probable cause to do
so.
91. Defendants demonstrated a deliberate indifference to and reckless
disregard of Mr. Little’s civil and constitutional rights.
92. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
of Mr. Little’s civil rights, justifying an award of punitive damages.
93. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little was injured and is entitled to recover for what he has suffered in the
past and will suffer in the future suffer, including:
a. Deprivation of his constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
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c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs pursuant to 42 U.S.C. §1988.
WHEREFORE, Plaintiff prays for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of his constitutional rights, mental anguish, and humiliation;
c. Plaintiff’s cost in this action, including reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 1988;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 3 MR. LITTLE SEARCH & SEIZURE
CIVIL RIGHTS VIOLATION OF ARTICLE I, § 8 OF THE IOWA CONSTITUTION RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES
(Against Defendants Thies and Heinemann, Individually)
94. Plaintiffs replead paragraphs 1 through 93 as if fully set forth herein.
95. This Count is alleged against Defendants in their individual capacities.
96. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
97. On July 15, 2018, Defendants violated Mr. Little’s clearly established federal
constitutional rights by seizing Mr. Little; seizing Mr. Little’s car keys; searching Mr. Little;
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and placing Mr. Little in handcuffs without reasonable suspicion or probable cause to do
so.
98. Defendants demonstrated a deliberate indifference to and reckless
disregard of Mr. Little’s and Mr. Clinton’s civil and constitutional rights.
99. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
of Mr. Little’s and Mr. Clinton’s civil rights, justifying an award of punitive damages.
100. Mr. Little and Mr. Clinton hereby request reasonable attorney fees and costs
associated with prosecuting this action as Defendants’ violation of his constitutional right
was oppressive, conniving, harsh, cruel, and/or tyrannical.
101. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of his constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs.
WHEREFORE, Plaintiff prays for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
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b. Compensation for violation of his constitutional rights, mental anguish, and humiliation;
c. Plaintiff’s cost in this action, including reasonable attorney’s fees and costs;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 4 MR. CLINTON SEARCH & SEIZURE
CIVIL RIGHTS VIOLATION UNDER 42 U.S.C § 1983 VIOLATION OF 4th AMENDMENT TO THE UNITED STATES CONSTITUTION
RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES (Against Defendants Thies and Heinemann, Individually)
102. Plaintiffs replead paragraphs 1 through 101 as if fully set forth herein.
103. Defendants Thies and Heinemann are persons for the purpose of a Section
1983 action for damages and this Count is brought against them in their individual
capacities.
104. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
105. On July 15, 2018, Defendants violated Mr. Clinton’s clearly established
federal constitutional rights by seizing Mr. Clinton and searching Mr. Clinton without
reasonable suspicion or probable cause to do so.
106. Defendants demonstrated a deliberate indifference to and reckless
disregard of Mr. Clinton’s civil and constitutional rights.
107. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
of Mr. Clinton civil rights, justifying an award of punitive damages.
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108. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Clinton was injured and is entitled to recover for what he has suffered in the
past and will suffer in the future suffer, including:
a. Deprivation of his constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs pursuant to 42 U.S.C. §1988.
WHEREFORE, Plaintiff prays for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of his constitutional rights, mental anguish, and humiliation;
c. Plaintiff’s cost in this action, including reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 1988;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 5 MR. CLINTON SEARCH & SEIZURE
CIVIL RIGHTS VIOLATION OF ARTICLE I, § 8 OF THE IOWA CONSTITUTION RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES
(Against Defendants Thies and Heinemann, Individually)
109. Plaintiffs replead paragraphs 1 through 108 as if fully set forth herein.
110. This Count is alleged against Defendants in their individual capacities.
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111. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
112. On July 15, 2018, Defendants violated Mr. Clinton’s clearly established
state constitutional rights by seizing Mr. Clinton and searching Mr. Clinton without
reasonable suspicion or probable cause to do so.
113. Defendants demonstrated a deliberate indifference to and reckless
disregard of Mr. Clinton’s civil and constitutional rights.
114. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
of Mr. Clinton’s civil rights, justifying an award of punitive damages.
115. Mr. Clinton hereby requests reasonable attorney fees and costs associated
with prosecuting this action as Defendants’ violation of his constitutional rights was
oppressive, conniving, harsh, cruel, and/or tyrannical.
116. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Clinton was injured and is entitled to recover for what he has suffered in the
past and will suffer in the future suffer, including:
a. Deprivation of his constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs.
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WHEREFORE, Plaintiff prays for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of his constitutional rights, mental anguish, and humiliation;
c. Plaintiff’s cost in this action, including reasonable attorney’s fees and costs;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 6 EXTENSION OF STOP
CIVIL RIGHTS VIOLATION UNDER 42 U.S.C § 1983 VIOLATION OF 4TH AMENDMENT TO THE UNITED STATES CONSTITUTION
RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES (Against Defendants Thies and Heinemann, Individually)
117. Plaintiffs replead paragraphs 1 through 116 as if fully set forth herein.
118. Defendants Thies and Heinemann are persons for the purpose of a Section
1983 action for damages and this Count is brought against them in their individual
capacities.
119. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
120. On July 15, 2018, Defendants violated Mr. Little’s and Mr. Clinton’s clearly
established federal constitutional rights by extending the vehicle stop beyond what was
reasonably necessary to resolve the basis for the stop.
121. Defendants demonstrated a deliberate indifference to and reckless
disregard of Mr. Little’s and Mr. Clinton’s civil and constitutional rights.
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122. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
of Mr. Little’s and Mr. Clinton’s civil rights, justifying an award of punitive damages.
123. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs pursuant to 42 U.S.C. §1988.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 1988;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
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COUNT 7 EXTENSION OF STOP
CIVIL RIGHTS VIOLATION OF ARTICLE I, § 8 OF THE IOWA CONSTITUTION RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES
(Against Defendants Thies and Heinemann, Individually)
124. Plaintiffs replead paragraphs 1 through 124 as if fully set forth herein.
125. This Count is alleged against Defendants in their individual capacities.
126. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
127. On July 15, 2018, Defendants violated Mr. Little’s and Mr. Clinton’s clearly
established state constitutional rights by extending the vehicle stop beyond what was
reasonably necessary to resolve the basis for the stop.
128. Defendants demonstrated a deliberate indifference to and reckless
disregard of Mr. Little’s and Mr. Clinton’s civil and constitutional rights.
129. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
of Mr. Little’s and Mr. Clinton’s civil rights, justifying an award of punitive damages.
130. Mr. Little and Mr. Clinton hereby request reasonable attorney fees and costs
associated with prosecuting this action as Defendants’ violation of their constitutional right
was oppressive, conniving, harsh, cruel, and/or tyrannical.
131. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
20
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 8 VEHICLE SEARCH
CIVIL RIGHTS VIOLATION UNDER 42 U.S.C § 1983 VIOLATION OF 4th AMENDMENT TO THE UNITED STATES CONSTITUTION
RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES (Against Defendants Thies and Heinemann, Individually)
132. Plaintiffs replead paragraphs 1 through 131 as if fully set forth herein.
133. Defendants Thies and Heinemann are persons for the purpose of a Section
1983 action for damages and this Count is brought against them in their individual
capacities.
134. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
21
135. On July 15, 2018, Defendants violated Mr. Little’s and Mr. Clinton’s clearly
established federal constitutional rights by searching the vehicle without probable cause
or reasonable suspicion to do so.
136. Defendants demonstrated a deliberate indifference to and reckless
disregard of Mr. Little’s and Mr. Clinton’s civil and constitutional rights.
137. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
of Mr. Little’s and Mr. Clinton’s civil rights, justifying an award of punitive damages.
138. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 1988.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
22
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 1988;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 9 VEHICLE SEARCH
CIVIL RIGHTS VIOLATION OF ARTICLE I, § 8 OF THE IOWA CONSTITUTION RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES
(Against Defendants Thies and Heinemann, Individually)
139. Plaintiff repleads paragraphs 1 through 138 as if fully set forth herein.
140. This Count is alleged against Defendants in their individual capacities.
141. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
142. On July 15, 2018, Defendants violated Mr. Little’s and Mr. Clinton’s clearly
established state constitutional rights by searching the vehicle without probable cause or
reasonable suspicion to do so.
143. Defendants demonstrated a deliberate indifference to and reckless
disregard of Mr. Little’s and Mr. Clinton’s civil and constitutional rights.
144. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
of Mr. Little’s and Mr. Clinton’s civil rights, justifying an award of punitive damages.
145. Mr. Little and Mr. Clinton hereby request reasonable attorney fees and costs
associated with prosecuting this action as Defendants’ violation of his constitutional right
was oppressive, conniving, harsh, cruel, and/or tyrannical.
23
146. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 10 RACIALLY BIASED POLICING
CIVIL RIGHTS VIOLATION PURSUANT TO 42 U.S.C § 1983 VIOLATION OF 14th AMENDMENT TO THE UNITED STATES CONSTITUTION
(Against Defendants Thies and Heinemann, Individually)
147. Plaintiff repleads paragraphs 1 through 146 as if fully set forth herein.
24
148. Defendants Thies and Heinemann are persons for the purpose of a Section
1983 action for damages and this Count is brought against them in their individual
capacities.
149. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
150. The actions and omissions of Defendants were undertaken with the intent
to discriminate against Plaintiffs on account of their race and the color of their skin,
denying Plaintiffs their Fourteenth Amendment right to equal protection under the law.
151. Defendants singled Mr. Little and Mr. Clinton out for harassment and treated
them differently from other similarly situated persons.
152. Defendants’ differential treatment of Mr. Little and Mr. Clinton was
intentional, willful, malicious, arbitrary, irrational, motivated by ill-will and racial bias, and
exhibited a conscious disregard or reckless indifference to Plaintiffs’ rights.
153. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
25
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 1988.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 1988;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 11 RACIALLY BIASED POLICING
CIVIL RIGHTS VIOLATION OF ARTICLE I, § 6 OF THE IOWA CONSTITUTION (Against Defendants Thies and Heinemann, Individually)
154. Plaintiffs replead paragraphs 1 through 153 as if fully set forth herein.
155. This Count is alleged against Defendants in their individual capacities.
156. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
157. The actions and omissions of Defendants were undertaken with the intent
to discriminate against Plaintiffs on account of their race and the color of their skin,
denying Plaintiffs their Article I, § 6 right to equal protection under the law.
158. Defendants singled Plaintiffs out for harassment and treated them
differently from other similarly situated persons.
26
159. Defendants’ differential treatment of Plaintiffs was intentional, willful,
malicious, arbitrary, irrational, motivated by ill-will and racial bias, and exhibited a
conscious disregard or reckless indifference to Plaintiffs’ rights.
160. Mr. Little and Mr. Clinton hereby request reasonable attorney fees and costs
associated with prosecuting this action as Defendants’ violation of their constitutional right
was oppressive, conniving, harsh, cruel, and/or tyrannical.
161. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs;
d. Punitive damages; and
27
e. Any other relief the Court deems just and equitable.
COUNT 12 CONSPIRACY
CIVIL RIGHTS VIOLATION PURSUANT TO 42 U.S.C §§ 1983 and 1985 VIOLATION OF 4th, 5th & 14th AMENDMENTS TO
THE UNITED STATES CONSTITUTION (Against Defendants Thies and Heinemann, Individually)
162. Plaintiffs replead paragraphs 1 through 161 as if fully set forth herein.
163. Defendants Thies and Heinemann are persons for the purpose of a Section
1983 action for damages and this Count is brought against them in their individual
capacities.
164. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
165. Defendants Thies and Heinemann reached an agreement among
themselves to deprive Mr. Little and Mr. Clinton of their constitutional rights.
166. In furtherance of the conspiracy, each of the coconspirators committed overt
acts and was an otherwise willful participant in joint activity.
167. The misconduct described in this Count was undertaken with malice,
willfulness, and reckless indifference to the rights of others.
168. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
28
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs pursuant to 42 U.S.C. §1988.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs pursuant to 42 U.S.C. 1988;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 13 CONSPIRACY
CIVIL RIGHTS VIOLATION OF ARTICLE I, §§ 6 & 8 OF THE IOWA CONSTITUTION (Against Defendants Thies and Heinemann, Individually)
169. Plaintiffs replead paragraphs 1 through 168 as if fully set forth herein.
170. This Count is alleged against Defendants in their individual capacities.
171. At all times material hereto, Defendants’ actions and omissions were made
under the color of authority and law as law enforcement officers for the Des Moines, Iowa
Police Department.
172. Defendants Thies and Heinemann reached an agreement among
themselves to deprive Mr. Little and Mr. Clinton of their constitutional rights.
29
173. In furtherance of the conspiracy, each of the coconspirators committed overt
acts and was an otherwise willful participant in joint activity.
174. The misconduct described in this Count was undertaken with malice,
willfulness, and reckless indifference to the rights of others.
175. Mr. Little and Mr. Clinton hereby request reasonable attorney fees and costs
associated with prosecuting this action as Defendants’ violation of their constitutional right
was oppressive, conniving, harsh, cruel, and/or tyrannical.
176. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs;
30
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 14 DELIBERATELY INDIFFERENT POLICIES, PRACTICES, CUSTOMS, TRAINING
AND SUPERVISION CIVIL RIGHTS VIOLATION PURSUANT TO 42 U.S.C § 1983
VIOLATION OF 4th, 5th & 14th AMENDMENTS TO THE UNITED STATES CONSTITUTION
(Against Defendants Wingert, Individually, and City of Des Moines, Iowa)
177. Plaintiffs replead paragraphs 1 through 176 as if fully set forth herein.
178. Defendants Wingert and City of Des Moines, Iowa are persons for the
purposes of a Section 1983 action for damages.
179. At all times material hereto, Defendant Wingert’s actions and/or omissions
were made under the color of authority as the Chief of Police and this Count is made
against him in his individual capacity.
180. Defendants Wingert and City of Des Moines, Iowa are responsible for
establishing, maintaining, and enforcing the official policies, procedures, patterns,
practices, and/or customs of the Des Moines Police Department for traffic stops, detention
of citizens, handcuffing, interrogations, vehicle searches, citizen searches,
documentation of citizen/police interactions, and racially-neutral enforcement.
181. Defendant City of Des Moines, Iowa is charged with the duty to ensure that
its law enforcement officers are properly trained and supervised.
182. As Chief of Police, Defendant Wingert is ultimately responsible for the
training and supervision of his deputies.
183. Defendants violated Mr. Little’s and Mr. Clinton’s federal constitutional
rights by:
31
a. permitting City of Des Moines police officers to violate the constitutional rights of citizens;
b. ratifying and approving the unlawful stopping, seizure, detaining and searching of citizens;
c. failing to enforce policies and implement policies preventing the unlawful stopping, seizure, detaining and searching of citizens;
d. failing to properly review citizen complaints against City of Des Moines police officers;
e. tolerating, encouraging, and permitting collusive statements by involved officers in such situations;
f. failing to adopt and enforce policies to document citizen interactions that do not result in arrest or citation;
g. failing to monitor and address racially-disproportionate actions taken by City of Des Moines police officers;
h. failing to adopt a system to identify, track, and monitor problematic police behavior and patterns of unconstitutional conduct;
i. failing to take adequate disciplinary measures against City of Des Moines police officers who violate the civil rights of citizens;
j. failing to train and/or supervise properly Defendants Thies and Heinemann in the constitutional requirements for the stopping, seizing, detaining, and searching of citizens;
k. failing to conduct sufficient training or supervision with respect to the rights of citizens to be free from race-based policing; and
l. failing to implement adequate maintenance training and properly focused maintenance training.
63. Defendants policies, procedures, customs, and/or practices caused the
violations of Plaintiffs’ constitutional and federal rights as set forth herein and in the other
claims and resulted from a conscious or deliberate choice to follow a course of action
from among various available alternatives.
32
184. The need for the aforementioned training and supervision was obvious and
it was foreseeable that the inadequacy of Defendants’ training and supervision was likely
to result in the violation of constitutional rights.
185. Defendants demonstrated a deliberate indifference to and/or reckless
disregard of Plaintiffs’ constitutional rights and those similarly situated to them.
186. Defendants failure to train and supervise Defendants Thies and Heinemann
caused the violations of Plaintiffs’ constitutional and federal rights as set forth herein and
in the other claims and resulted from a conscious or deliberate choice to follow a course
of action from among various available alternatives
187. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs pursuant to 42 U.S.C. §1988.
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
33
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs pursuant to 42 U.S.C. 1988;
d. Injunctive relief enjoining Defendants from committing further constitutional violations;
e. Punitive damages; and
f. Any other relief the Court deems just and equitable.
COUNT 15 DELIBERATELY INDIFFERENT POLICIES, PRACTICES, CUSTOMS, TRAINING
AND SUPERVISION CIVIL RIGHTS VIOLATION PURSUANT TO
ARTICLE I, §§ 6 & 8 OF THE IOWA CONSTITUTION (Against Defendants Wingert, Individually, and City of Des Moines, Iowa)
188. Plaintiffs replead paragraphs 1 through 187 as if fully set forth herein.
189. At all times material hereto, Defendant Wingert’s actions and/or omissions
were made under the color of authority as the Chief of Police and this Count is made
against him in his individual capacity.
190. Defendants Wingert and City of Des Moines, Iowa are responsible for
establishing, maintaining, and enforcing the official policies, procedures, patterns,
practices, and/or customs of the Des Moines Police Department for traffic stops, detention
of citizens, handcuffing, interrogations, vehicle searches, citizen searches,
documentation of citizen/police interactions, and racially-neutral enforcement.
191. Defendant City of Des Moines, Iowa is charged with the duty to ensure that
its law enforcement officers are properly trained and supervised.
192. As Chief of Police, Defendant Wingert is ultimately responsible for the
training and supervision of his deputies.
34
193. Defendants violated Mr. Little’s and Mr. Clinton’s federal constitutional
rights by:
a. permitting City of Des Moines police officers to violate the constitutional rights of citizens;
b. ratifying and approving the unlawful stopping, seizure, detaining and searching of citizens;
c. failing to enforce policies and implement policies preventing the unlawful stopping, seizure, detaining and searching of citizens;
d. failing to properly review citizen complaints against City of Des Moines police officers;
e. tolerating, encouraging, and permitting collusive statements by involved officers in such situations;
f. failing to adopt and enforce policies to document citizen interactions that do not result in arrest or citation;
g. failing to monitor and address racially-disproportionate actions taken by City of Des Moines police officers;
h. failing to adopt a system to identify, track, and monitor problematic police behavior and patterns of unconstitutional conduct;
i. failing to take adequate disciplinary measures against City of Des Moines police officers who violate the civil rights of citizens;
j. failing to train and/or supervise properly Defendants Thies and Heinemann in the constitutional requirements for the stopping, seizing, detaining, and searching of citizens;
k. failing to conduct sufficient training or supervision with respect to the rights of citizens to be free from race-based policing; and
l. failing to implement adequate maintenance training and properly focused maintenance training.
63. Defendants policies, procedures, customs, and/or practices caused the
violations of Plaintiffs’ constitutional and federal rights as set forth herein and in the other
claims and resulted from a conscious or deliberate choice to follow a course of action
from among various available alternatives.
35
194. The need for the aforementioned training and supervision was obvious and
it was foreseeable that the inadequacy of Defendants’ training and supervision was likely
to result in the violation of constitutional rights.
195. Defendants demonstrated a deliberate indifference to and/or reckless
disregard of Plaintiffs’ constitutional rights and those similarly situated to them.
196. Defendants failure to train and supervise Defendants Thies and Heinemann
caused the violations of Plaintiffs’ constitutional and federal rights as set forth herein and
in the other claims and resulted from a conscious or deliberate choice to follow a course
of action from among various available alternatives.
197. Mr. Little and Mr. Clinton hereby request reasonable attorney fees and costs
associated with prosecuting this action as Defendants’ violation of their constitutional right
was oppressive, conniving, harsh, cruel, and/or tyrannical.
198. As a direct and proximate result of the Defendants’ illegal and unjustified
conduct, Mr. Little and Mr. Clinton were injured and are entitled to recover for what they
have suffered in the past and will suffer in the future suffer, including:
a. Deprivation of their constitutional rights;
b. Humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress;
c. Actual and Compensatory Damages;
d. Punitive damages;
e. All expenses associated with the prosecution of the instant action, including, but not limited to, court costs, anticipated discovery expenses, anticipated expert expenses, and the maximum legally allowable judgment interest; and
f. Any other expenses allowed by federal or state law, including but not limited to reasonable attorney’s fees and costs.
36
WHEREFORE, Plaintiffs pray for Judgment against the aforementioned
Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against Defendant in an amount yet to be determined;
b. Compensation for violation of their constitutional rights, mental anguish, and humiliation;
c. Plaintiffs’ cost in this action, including reasonable attorney’s fees and costs;
d. Punitive damages; and
e. Any other relief the Court deems just and equitable.
COUNT 16 NEGLIGENT SUPERVISION AND TRAINING
(Against Defendants Wingert and City of Des Moines, Iowa)
199. Plaintiff replead paragraphs 1 through 198 as if fully set forth herein.
200. Defendants Wingert and City of Des Moines, Iowa were the employers
responsible for training and/or supervising officers of Defendants Thies and Heinemann.
146. As the employers, Defendants have a duty to exercise reasonable care in
the hiring, retention and supervision of individuals who, because of their employment,
may pose a threat of injury to members of the public.
147. Defendants breached their duty in the negligent and reckless supervision
and training of Defendants Thies and Heinemann as it relates to the misconduct alleged
supra.
148. Defendants knew, or in the exercise of ordinary care should have known, of
the incompetence, unfitness, and dangerous characteristics of Defendants Thies and
Heinemann.
149. The incompetence and unfitness of Defendants Thies and Heinemann was
a cause of damage to Plaintiffs.
37
150. These Defendants’ negligence was a proximate cause of Plaintiffs’ injuries.
WHEREFORE, the Plaintiffs respectfully request judgment against the
aforementioned Defendants in an amount which will fully and fairly compensate them for
their mental and emotional injuries and damages, compensatory damages, for interest
and costs as allowed by law, and such other relief as may be just under the
circumstances.
COUNT 17 ASSAULT AND BATTERY
(Against Defendants Thies and Heinemann)
201. Plaintiffs replead paragraphs 1 through 200 as if fully set forth herein
202. Defendants Thies and Heinemann subjected Mr. Little and Mr. Clinton to
contact of an insulting and provoking nature.
203. The actions of Defendants Thies and Heinemann were undertaken without
the consent of Mr. Little and Mr. Clinton.
204. The intentional acts of Defendants Thies and Heinemann resulted in bodily
contact with Mr. Little and Mr. Clinton that a reasonable person would deem insulting or
offensive.
205. As a proximate result of Defendants’ acts and omissions, Mr. Little and Mr.
Clinton have in the past and will in the future suffer injuries and damages.
206. The actions of Defendants Thies and Heinemann were willful, wanton,
unlawful, and in gross disregard of Mr. Little’s and Mr. Clinton’s civil rights, justifying an
award of punitive damages.
207. Plaintiffs hereby request reasonable attorney fees and costs associated
with prosecuting this action as Defendants’ behavior was oppressive, conniving, harsh,
cruel, and/or tyrannical.
38
WHEREFORE, Plaintiffs respectfully request judgment against the
aforementioned Defendants in an amount which will fully and fairly compensate them for
their injuries and damages, including but not limited to compensatory and punitive, for
attorney fees, for interest and costs as allowed by law, and such other relief as may be
just under the circumstances.
JURY DEMAND
Plaintiffs hereby demand a trial by jury in this matter on all counts to which Plaintiffs
are entitled to a jury.
PARRISH KRUIDENIER DUNN BOLES GRIBBLE GENTRY BROWN & BERGMANN, L.L.P.
By: __/s/ Gina Messamer__________
Gina Messamer AT0011823 2910 Grand Avenue Des Moines, Iowa 50312 Telephone: (515) 284-5737 Facsimile: (515) 284-1704 Email: [email protected] ATTORNEY FOR PLAINTIFFS
Original Filed.