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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

FILED

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CLERK, us DISTRICT COURTHiDDLE DISTRICT OF FLOiUDA

JACKSONVILLE DISTRICT

DC CASE NO.: "5'.VU-CV-45(^-3RICHARD SHELDON,as a Personal Representativeof the Estate of Andrea Sheldon,deceased, and in his individual capacity.

Plaintiff,

vs.

THOMAS CAMERON COWARD, in hisindividualcapacity, and his capacity as a St. JohnsCounty Sheriffs Officer, SCOTT STOKES, in hisindividual capacity, and his capacity as a St. John'sCounty Sheriffs Officer, GLENN LAPPE, in hisindividual capacity, and his capacity as a St. John'sCounty Sheriffs Officer, JEREMY HUDDLESTON,in his individual capacity, and his capacity as a St. JohnsCounty Sheriffs Officer, MICHAEL R. WILLL\MS,in his individual capacity, and his capacity as a St. JohnsCounty Sheriffs Officer, TONY MATUSE, in hisindividual capacity, and his capacity as a St. Johns CountySheriffs Officer, DAVID B. SHOAR, in his capacity asSheriffof St. Johns County, ST. JOHNS COUNTYSHERIFF'S OFFICE, a law enforcement organization, andST. JOHNS COUNTY, a municipality or subdivisionof the State ofFlorida,

Defendants./

COMPLAINT AND DEMAND FOR A JURY TRIAL

Plaintiff brings this action seeking monetary damages, attorneys' fees, and costs

and alleges as follows:

Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 of 31 PageID 1

1. This is a civil action pursuant to 42 U.S.C. §§1983 and 1988 for monetary

damages, attorneys' fees, and costs for the deprivation of Plaintiffs rights secured by the

Fourth and Fourteenth Amendments to the United States Constitution as well as claims

under Florida Law,

JURISDICTION AND VENUE

2. Plaintiff invokes the jurisdiction of this Court pursuant to 42 U.S.C. §§

1983 and 1988 and 28 U.S.C. §§ 1331 and 1343, as to the Federal claims herein. The

court has supplemental jurisdiction as to the State law claims pursuant to 28 U.S.C. §

1367.

3. Venue in this district is proper pursuant to 28 U.S.C. § 1391, in that the

cause ofaction arose in this district.

parties

4. Plaintiff, Richard Sheldon, both in his personal capacity and as personal

representative of the Estate of Andrea Sheldon and as spouse of Andrea Sheldon since

October 20, 2001, is and was at all times relevant an adult resident of St. Augustine,

Florida, St. Johns County, Florida, and a citizen of the United States.

5. Defendant, Cameron Coward, is and was at all times relevant an employee

of the St. Johns County Sheriffs Office. Defendant Coward is a "person" pursuant to 42

U.S.C. § 1983 and at all times relevant to this action acted under color of law or in his

personal capacity.

6. Defendant, Scott Stokes, is and was at all times relevant an employee of

the St. Johns County Sheriffs Office. Defendant Stokes is a "person" pursuant to 42



personal capacity.

7. Defendant, Glenn Lappe, is and was at all times relevant an employee of

the St. Johns County Sheriffs Office. Defendant Lappe is a "person" pursuant to 42


personal capacity.

8. Defendant, Jeremy Huddleston, is and was at all times relevant an

employee of the St. Johns County SherifiTs Office. Defendant Huddleston is a "person"

pursuant to 42 U.S.C. § 1983 and at all times relevant to this action acted under colorof

law or in his personal capacity.

9. Defendant, Michael R. Williams, is and was at all times relevant an

employee of the St. Johns County Sheriffs Office. Defendant Williams is a "person"

pursuant to 42 U.S.C. § 1983 and at all times relevant to this action acted under color of


10. Defendant, Tony Matuse, is and was at all times relevant an employee of

the St. Johns County Sheriffs Office. Defendant Matuse is a "person" pursuant to 42


personal capacity.

11. Defendant, David B. Shoar, is and was at all times relevant an employee

and Sheriff of the St. Johns County Sheriffs Office. Defendant Shoar is a "person"


pursuant to 42 U.S.C. § 1983 and at all times relevant to this action acted under color of


12. Defendant, St. Johns County Sheriff's Office, (hereinafter "SJSO") is a

law enforcement organization funded by St. Johns County, a municipality or subdivision

of the State of Florida.

13. St. Johns County is a municipality or subdivision of the State of Florida

and the employer of Cameron Coward, Scott Stokes, Glenn Lappe, Jeremy Huddleston,

Michael R. Williams,Tony Matuse, David B. Shoar, (hereinafter"Defendant Officers").

FACTUAL ALLEGATIONS

14. On April 14, 2012, Richard Sheldon and his wife, Andrea Sheldon,

resided at 2900 block of County Road 214, lot 71, St. Augustine, FL 32084.

15. Mr. Sheldon is and was at all times relevant employed by the Jacksonville

Fire and RescueDepartment (hereinafter "JFRD").

16. Mrs. Sheldon was employed as a hospice nurse and assisted in the

operation of Hummingbird Acres, a farm and limited liability company located on the

Sheldon's residence at 2900 block of County Road 214, lot 71, St. Augustine, FL 32084.

17. Greg Roland, Chief of the JFRD location where Mr. Sheldon was

employed, spoke with Mr. Sheldon on the night of April 14, 2012, and Chief Roland

contacted the St. Johns County Sheriff's Office.


18. Mr. Sheldon left his residence located at the 2900 block of County Road

214, lot 71, and created a campsite with a campfire in the woods approximately five

miles away from his residence.

19. Mr. Sheldon's residence (lot 71) is located approximately one mile down a

dirt road from County Road 214 and is very secluded.

20. There are very few lights in the vicinity of the Sheldon's residence and it

was remote enough for the Sheldon's to keep and maintain livestock on the premises.

21. St. Johns County Sheriffs Officers, including but not limited to

Defendants, were dispatched to the 2900 block of County Road 214 at approximately

10:40 pm to conduct a welfare check.

22. Neither Defendant Officers nor any other employee of the St. Johns

County Sheriffs Office made any effort to nor did they make contact with either Mr. or

Mrs. Sheldon priorto arriving at the 2900block of County Road 214.

23. Defendants parked their patrol vehicles approximately a mile away from

the Sheldon's residence,

24. Defendants' patrol cars and their lights could not be viewed from the

Sheldon's residence.

24. Defendant Matuse remained in the roadway with the patrol vehicles.


25. Defendants Lappe, Stokes, Coward, Huddleston and Williams approached

the Sheldon's residence.

26. All Defendants were armed.

27. St. Johns County Sheriff's Office had information that Mr. Sheldon was

possibly suicidal and located in the woods.

28. St. Johns County Sheriffs Office had information that Mrs. Sheldon was

at her home and was possibly in possessionof a firearm.

29. St. Johns County Sheriffs Office sent an unreasonable number of armed

personnel to the Sheldon's residence under the circumstances, without attempting to

adequately assess the situation.

30. St. Johns County Sheriffs Office escalated circumstances by sending an

unreasonablenumber of armed personnel without contacting Mr. or Mrs. Sheldon prior to

their arrival.

31. When Defendants arrived at the Sheldon's residence, Mr. Sheldon's

vehicle was not at the residence.

32. Defendants surreptitiously approached and surrounded the Sheldon's

residence.

33. Defendant Huddleston stopped at the beginning of the Sheldon's driveway

and called Mr. Sheldon on the telephone.


34. Mr. Sheldon advised Defendant Huddleston that he was not at his

residence and was located approximately five miles away in the woods north ofhis home.

35. When Defendants arrived, there were no signs ofa domestic dispute.

36. When Defendants arrived, there was no sign ofa disturbance ofany kind.

37. Mr. Sheldon was not present at his residence when Defendants arrived.

38. Defendants Coward, Stokes, Williams and Lappe proceeded to the

Sheldon's front yard with automatic rifles and shotguns.

39. Defendants spread out and covered the front door from different angles.

40. Defendant Stokes went to the left (south) side of the home.

41. Defendant Williams to the right (north) side of the home.

42. Defendants Coward and Lappe walked up to the front door.

43. Andrea Sheldon opened the front door topless, wearing only underwear.

44. When Mrs. Sheldon opened her front door, Mr. Sheldon was on the phone

with Defendant Huddleston.

45. The telephonic conversation between Mr. Sheldon and Defendant

Huddleston was recorded.

46. At no time can any Defendant be heard announcing his presence on the

recording.


47. At no time can any Defendant be heard giving Mrs. Sheldon instructions

on the recording.

48. Gunfire can be heard on the recording.

49. After the sound of gunfire. Defendant Huddleston stated, "Oh shit!"

50. The telephonic recording captured Mr. Sheldon repeatedly asking Deputy

Huddleston why shots were fired.

51. Defendant Huddleston disconnected the call without telling Mr. Sheldon

that Mrs. Sheldon had been shot.

52. Defendant Scott Stokes was armed with a H&K .45 caliber handgun with

three magazines.

53. Defendant Coward was armed with a Bushmaster AR-15 rifle with one

magazine.

54. Defendant Lappe was armed with a H&K .45 caliber handgun with three

magazines.

55. Defendant Williams was armed with a Mossberg 500AG shotgun.

56. Defendant Williams previously failed proficiency testing with the 500AG

shotgun and was not qualified to cany it.

57. Mrs. Sheldon was shot at least eight times.

8


58. The first gunshot wound documented by Medical Examiner, Pedrag Bulic,

was characterizedas a penetrating wound of the left side of torso into Mrs. Sheldon's left

shoulder. The projectile's track was unique in that there were multiple re-exits and re-

entrances before lodging and being recovered in Mrs. Sheldon's left armpit and shoulder.

59. The medical examiner's report categorized the second bullet as a

penetrating gunshot wound the left side of the back, through the left shoulder into the

occipital scalp. The projectile did not exit Mrs. Sheldon, and was recovered lodged within

the lacerated scalp and tangled hair of the back ofher head,

60. The medical examiner's report categorized the third gunshot wound as a

perforating gunshot wound of the left flank through Mrs. Sheldon's torso. The projectile

tracked through Mrs. Sheldon's stomach, liver, diaphragm, and left chest wall.

61. The medical examiner's report categorized the fourth gunshot wound as

traveling through Mrs, Sheldon's left upper thigh into her abdomen. Specifically, the

projectile tracked through Mrs. Sheldon's left upper thigh, left quadriceps muscle, pelvic

floor, small bowel loops, and pancreas. The projectile was recovered from Mrs.

Sheldon's peripancreatic fatty tissue.

62. The medical examiner's report categorized the fifth gunshot wound as a

penetrating gunshot woimd to Mrs. Sheldon's "left middle back." This wound resulted in

extensive laceration of tlie left lung, left hemothorax, fracture of the ninth left rib and

transection of Mrs. Sheldon's spinal cord. The projectile was recovered lodged into Mrs.

Sheldon's spinal column at the T-5 vertebra.


63. The medical examiner's report notated the sixth gunshot wound was

sustained to Mrs. Sheldon's "left middle" back. The projectile tracked subcutaneously in

a diagonal direction across Mrs. Sheldon's back. This projectile was not recovered.

64. The medical examiner's report categorized the seventh gunshot wound as

a penetrating gunshot wound of the left posterolateral upper thigh into the left flank

subcutis. The projectile tracked through upward through the soft tissues of the left thigh

and hip before coming to rest under the skin and fat tissue of the left flank where it was

recovered.

65. An eighth gunshot wound was documented in the medical examiner's

report without any additional information.

66. Mrs. Sheldon died at the scene as a result of these gunshot wounds

inflicted upon her by Defendants.

67. Medical Examiner Bulic's final diagnosis and findings from his June 18,

2012, report listed the cause of death as "multiple gunshot wounds" and the manner of

death as "homicide."

68. The Florida Department of Law Enforcement (hereinafter "FDLE")

arrived and conducted an investigation into the incident at the Sheldon's residence,

approximately three hours after the incident.

69. St. Johns County Sheriffs Office was involved in several officer-involved

shootings involving excessive force prior to the death of Mrs. Sheldon.

10


70. St. Johns County Sheriffs Office was involved in several officer-involved

incidents of excessive force that did not include the discharge of a firearm prior to the

death ofMrs. Sheldon.

71. FDLE Agents Brutnell and Holycross conducted interviews of several St.

Johns County SherifFs Officers, including, but not limited to Defendants.

72. The majority of these interviews were conducted six days after Mrs.

Sheldon's death and there is no evidence that more timely interviews or investigation into

the acts or omissions ofthe Defendants was ever conducted.

73. FDLE has not conducted an interview of Mr. Sheldon.

74. FDLE agents seized a shotgun from the front porch that was routinely kept

in the living room of the Sheldon residence.

75. This shotgun had no chambered rounds.

76. There is no physical evidence that Mrs. Sheldon possessed this shotgun

when Defendants killed her.

77. Mrs. Sheldon made no verbal threats to Defendants on April 14,2012.

78. Mrs. Sheldon made no physical threats to Defendants on April 14,2012.

79. Officer involved shootings in which civilians are seized in violation of

their rights pursuant to the Fourth and Fourteenth Amendments to the United States

11


Constitution and corresponding rights under the State of Florida's Constitution have

occurred multiple times in St. Johns County prior to this killing.

80. The St. Johns County Sheriffs Office has policies and procedures for the

safe and effective handling ofdomestic disputes.

81. Defendants failed follow St. Johns County Sherriffs Office's policies for

the safe and effective handling ofdomestic disputes.

82. The St. Johns County Sheriffs Office has policies and procedures for the

safe and effective execution of Special Weapons and Tactics (hereinafter "SWAT")

investigations.

83. Defendants failed to follow St. Johns County Sheriffs Office's policies

and procedures for the safe and effective execution of SWAT investigations.

84. The St. Johns County Sheriffs Office has policies and procedures for use

ofdeadly force.

85. Defendants failed to follow St. Johns County Sheriffs Office's policies

and procedures for the use ofdeadly force.

86. Mr, and Mrs. Sheldon were married for 10 years at the time Defendants

killed Mrs. Sheldon.

87. Mr. and Mrs. Sheldon had a loving and rewarding marriage.

12


88. As a result of the death of his wife, Mr. Sheldon has suffered damages,

including but not limited to: past and future wages, severe emotional pam and suffering,

funeral expenses, and loss of consortium,

89. Mr. Sheldon has satisfied all conditions precedent to bringing this action,

including providing timely written notice of this claim pursuant to Section 768.28,

Florida Statutes.

COUNT ONE: CIVIL RIGHTS

VIOLATION PURSUANT TO 42 U.S.C. $1983 (EXCESSIVE FORCED

(DEFENDANTS COWARD. STOKES. WILLIAMS AND LAPPED

90. Paragraphs 1 through 89 are hereby incorporated by reference herein.

91. The conduct and actions of Defendants Coward, Stokes, Williams, and

Lappe, acting in concert and imder color of law, were excessive and unreasonable, were

done intentionally, willfully, maliciously, with a deliberate indifference and/or with a

reckless disregard for the natural and probable consequences of their acts, were done

vnthout lawful justification or reason, and were designed to and did cause specific and

serious physical injury and death, emotional pain and suffering in violation of Mrs,

Sheldon's rights as guaranteed under 42 U,S,C. §1983, and the Fourth and Fourteenth

Amendments to the United States Constitution, including the right to be free from

unreasonable seizure of her person and the right to be free from the use of excessive,

unreasonable, and unjustified force.

92. As a direct and proximate result of the Defendants excessive force, Mr.

Sheldon, as personal representative of Mrs, Sheldon's estate, and Mrs, Sheldon suffered

13


damages, including, but not limited to: death, catastrophic physical injury, pain and

suffering, severe emotional distress, loss ofconsortium,and lost wages.

WHEREFORE, Plaintiff humbly requests a judgment against Defendants

Coward, Williams, Stokes, and Lappe for:

(a) Actual and compensatory damages;

(b) An award ofattorney fees and costs for this litigation;and

(c) Any other relief this HonorableCourt deemsjust and proper.

COUNT TWO: MUNICIPAL LIABILITY

FOR CONSITUTIONAL VIOLATIONS MONELL CLAIM

AGAINST ST. JOHNS COUNTY PURSUANT TO 42 U.S.C. S1983


94. St. Johns County directly caused the constitutional violations suffered by

Mrs. Sheldon, and is liable for the damages suffered by Mrs. Sheldon as a result of the

conduct of Defendants Coward, Stokes, Williams, and Lappe.

95. The conduct of Defendants Coward, Stokes, Williams, and Lappe was a

directconsequence of policies and practices of St. Johns County.

96. At all times relevant, St. Johns County, acting through the St. Johns

County Sheriffs Office, had in effect policies, practices, and customs that condoned and

fostered the unconstitutional conduct of Defendants Coward, Stokes, Williams, and

Lappe, and were a direct and proximate cause of the damages and injuries complained of

herein by Mrs. Sheldon and Mr. Sheldon.

14


97. At all times relevant, St. Johns County, acting through the St. Johns

County Sheriffs Office, had in effect inadequate policies for officers responding to

domestic disputes, officers responding to incidents were civilians may be suicidal,

incidents where citizens may be armed and the use of deadly force may be necessary,

and/or incidents that may require SWAT and were a direct and proximate cause of the

damages and injuries complained of herein by Mrs. Sheldon and Mr. Sheldon.

98. At all times relevant, St. Johns County, has final policy making authority

with respect to its law enforcement officers.

99. At all times relevant, St. Johns County knew or should have known of the

use of excessive force by Defendants Coward, Stokes, Williams, and Lappe, and/or other

officers, and their propensity to engage in misconduct of the type alleged herein prior to

April 14,2012.

100. At all times relevant, St. Johns County knew or should have known that

the use of excessive force was prevalent among the law enforcement officers under its

employ, including Defendants, and despite this knowledge or negligence, St. Johns

Coimty failed to take remedial action.

101. At all times relevant, it was St. Johns County's policy and/ or custom to

inadequately investigate police misconduct, including the use of excessive force of its

law enforcement officers, and the use of excessive for and/or police misconduct was

mstead tolerated and/or ignored by St. Johns County.

15


102. At all times relevant, it was St. Johns County's policy and/ or custom to

inadequately investigate police misconduct, including the failure of its law enforcement

officers to follow its policies and procedures, including Defendants.

103. At all times relevant, it was St. Johns County's policy and/or custom to

inadequately train, supervise, and discipline its officers, including Defendants Coward,

Stokes, Williams, and Lappe, thereby failing to discourage or sanction further

constitutional violations on the part of its law enforcement officers.

104. St. Johns County did not require appropriate in-service training or re

training of officers who were known to have engaged in police misconduct and/or

excessive force.

105. As a result of the above described policies and customs, law enforcement

officers of St. Johns County*, including Defendants Coward, Stokes, Williams, and Lappe,

believed that their actions and omissions would not be properly monitored by supervisory

officers and that misconduct and/or the use of excessive force would be tolerated and/or

ignored by St. Johns County.

106. St. Johns County's wrongful policies, practices, customs, and/or usages

pled herem, demonstrated a deliberate indifference on the part of policymakers of St.

Johns County to the constitutional rights of the persons within its boundaries, including

Mr. and Mrs. Sheldon, and were tlie direct and proximate cause of the violations of Mr.

and Mrs. Sheldon's rights alleged herein.

WHEREFORE, Plaintiff humbly requests a judgment against Defendant St.

Johns County for;

16



(b) An award of attorney fees and costs for this litigation; and

(c) Any other relief this Honorable Court deems just and proper.

COUNT THREE: CIVIL RIGHTS VIOLATION

PURSUANT TO 42 U.S.C. 81983. UNREASONABLE SEIZURE

fPEFENPANTS COWARD. STOKES. WILLIAMS. & LAPPED

107. Paragraphs 1 through 89 are hereby incorporatedby reference herein.

108. The Fourth Amendment to the United States Constitution prohibits

unreasonable seizures of people.

109. A person has been seized within the meaning of the Fourth Amendment if,

in view of all of the circumstances surrounding (he incident, a reasonable person would

have believed that he or she was not free to leave.

110. Shooting and killing an individual on the front porch of his or her home is

a seizure under the Fourth Amendment.

111. Defendants Coward, Stokes, Williams, and Lappe unreasonably seized

Mrs. Sheldon when they shot and killed her on the front porch of her home.

112. At the time of the seizure. Defendants Coward, Stokes, Williams, and

Lappe did not have a reasonable belief tliat Mrs. Sheldon had committed a crime.


Lappe did not have a reasonable belief that any illegal activity occurred or was occurring

at the Sheldon's residence.

17



Lappe did not have a reasonable belief that Mrs. Sheldon posed a threat to their well-

being.

115. At the time of the seizure, Defendants Coward, Stokes, Williams, and

Lappe had no reasonable belief that deadly force against Mrs. Sheldon was necessary.

116. Defendants Coward, Stokes, Williams, and Lappe did not have a warrant

to arrest or seize Mrs. Sheldon.

117. Defendants Coward, Stokes, Williams, and Lappe did not have probable

cause to arrest or seize Mrs. Sheldon.

118. Defendants Coward, Stokes, Williams, and Lappe's seizure of Mrs.

Sheldon was illegal and unconstitutional.

119. Defendants Coward, Stokes, Williams, and Lappe's use of force in

shooting and killing Mrs. Sheldon was excessive force and is part of this claim for

unreasonable seizure.

120. Any force used in an illegal seizure is excessive and is part of this claim

for illegal seizure.

121. All force used by Defendants Coward, Stokes, Williams, and Lappe was

unjustified and excessive.

122. Defendant Coward, Stokes, Williams, and Lappe's conduct was

deliberately indifferent to Mrs. Sheldon's clearly established rights.

123. As a direct, proximate, and foreseeable result of the acts and omissions of

Defendants Coward, Stokes, Williams, and Lappe, Mrs. Sheldon was subjected to death.

18


great physical and emotional pain and humiliation, was deprived of her liberty, and was

otherwise damaged and injured.

WHEREFORE, Plaintiff humbly requests a judgment against Defendant St.

Johns County for:




COUNT FOUR; BATTERY (STATE COURT CLAIlVn

(DEFENDANTS ST. JOHNS COUNTY. ST. JOHNS COUNTY SHERIFF'S

OFFICE. SHERIFF DAVID SHOAR & DEFENDANTS STOKES.

COWARD. WILLIAMS & LAPPED


125. At all relevant times. Defendants Williams, Lappe, Coward, and Stokes

acted within the scope of their employment as law enforcement officers for the St. Johns

County Sheriff's Office.

126. Defendants Williams, Stokes, Coward, and Lappe intentionally committed

harmful or offensive contact against the person of Mrs. Sheldon, by shooting her eight

times and taking her life without her consent.

127. St. Johns County, the St. Johns County Sheriffs Office, and Sheriff David

Shoar are vicariously liable for the intentional torts of their employees, the Defendants.

128. As a direct and proximate result of the Defendant Officers' battery upon

Mrs. Sheldon, Richard Sheldon, as personal representative of Mrs. Sheldon's estate, and

19


Mrs. Sheldon suffered damages, including, but not limited to: death, catastrophic physical

injury,pain and suffering, severe emotional distress, loss of consortium, funeral expenses

and economic loss.

WHEREFORE, Plaintiff humbly requests judgment against St. Johns County, St.

Johns County SherifiTs Office, Sheriff David Shoar, and Defendants Stokes, Williams

Coward and Lappe for:


(b) An awrard of attorney fees and costs for this litigation; and


COUNT FIVE: BATTERY (STATE COURT CLAHVD

(DEFENDANTS COWARD. STOKES. WILLIAMS. & LAPPE IN THEIR

INDIVIDUAL CAPACITIES^

129. Paragraphs 1through 89 are hereby incorporated by reference herein.

130. Defendants Coward, Williams, Stokes, and Lappe, in their individual

capacities, committed harmful or offensive contact against the person of Mrs. Sheldon by

shooting her eight times and taking her life, without her consent.

131. As a direct and proximate result of the Defendant Officers' battery upon

Mrs. Sheldon, and Mr. Sheldon, as personal representative of Mrs. Sheldon's estate, Mrs.

Sheldon suffered damages, including, but not limited to: death, catastrophic physical

injury, pain and suffering, severe emotional distress, lossof consortium, funeral expenses

and economic loss.

20


WHEREFORE, Plaintiff humbly requests judgment against the Defendants

Coward, Williams, Stokes, and Lappe, in their individualcapacities, for;


(b) An award ofattorney fees and costs for this litigation;and


COUNT SIX: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(STATE COURT CLAIM) (DEFENDANTS ST. JOHNS COUNTY. ST. JOHNSCOUNTY SHERIFF'S OFFICE)

132. Paragraphs 1 through89 are hereby incorporated by reference herein.

133. Defendants Huddleston, Stokes, Williams, Coward, and Lappe, in their

capacity as law enforcement officers for St. Johns County, knew or should have known

that the unreasonable and unjustified killing of Andrea Sheldon would result in the

infliction of severe emotional distress upon Mr. Sheldon.

134. The acts or omissions of the Defendant Officers in connection with Mrs.

Sheldon's death were either intentional or rcckless and constitute extreme and outrageous

conductbeyondall boundsofdecency which was atrocious and intolerable.

135. Mr. Sheldon's severe emotional distress is directly to the actions and

omissions of Defendant Officers Huddleston, Coward, Williams, Stokes, and Lappe.

136. St. Johns County, the St. Johns County Sheriff's Office, and Sheriff David

Shoar are vicariously liable for the intentional torts of their employees. Defendants

Coward, Williams, Stokes, and Lappe.

21


137. As a direct and proximate result of Defendants Huddleston, Coward,

Williams, Stokes, and Lappe's acts or omissions inflicted upon severe emotional distress

upon Mr. Sheldon, and Mr. Sheldon suffered damages, including, but not limited to:

mental anguish and severe emotional distress.

WHEREFORE, Plaintiff humbly requests judgment against Defendants

Huddleston, Coward, Williams, Stokes, Lappe, St. Johns County, St. Johns County

Sheriff's Office, and Sheriff David Shear for:


(b) An award ofattorney fees and costs for this litigation; and


COUNT SEVEN: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

rSTATE COURT CLAIMS DEFENDANTS HUDDLESTON. COWARD.

WILLIAMS. STOKES. & LAPPE IN THEIR INDIVIDUAL CAPACITIES)


139. Defendants Huddleston, Coward, Williams, Stokes, and Lappe in their

individual capacity, knew or should have known that the unreasonable and luijustified

killingof Andrea Sheldon would result in the inflictionof severe emotional distress upon

Mr. Sheldon.

140. The acts or omissions of Defendants Huddleston, Coward, Williams,

Stokes, and Lappe in connection with Mrs. Sheldon's death were either intentional or

reckless and constitute extreme and outrageous conduct beyond all bounds of decency

which was atrocious and intolerable.

22


141. Mr. Sheldon's severe emotional distress is the direct result of the actions

and omissions of Defendants Huddleston, Stokes, Coward, Williams, and Lappe.

142. As a direct and proximate result of Defendants Huddleston, Coward,

Williams, Stokes, and Lappe's acts or omissions severe emotional distress was inflicted

upon Mr. Sheldon, and he suffered damages, including, but not limited to: mental

anguish, and severe emotional distress.


Huddleston, Coward, Williams, Stokes, and Lappe for:




COUNT EIGHT: NEGLIGENCE (STATE COURT CLAIM)

(ST. JOHNS COUNTY. ST. JOHNS COUNTY SHERIFF^S OFFICE

& SHERIFF DAVID B. SHOAR)


144. St. Johns County, the St. Johns County Sheritrs Office and Sheriff David

Shoar are vicariously liable for the actions and omissions of the law enforcement officers

under its employ.

145. St. Johns County, the St. Johns County Sheriffs Office and Sheriff David

B. Shoar owe a duty to all individuals they police, protect, and serve, including the

Sheldons.

23


146. St. Johns County, the St. Jolins Count\' Sheriff's Office and Sheriff David

B. Shoar breached their duty as reasonably prudent employers of the Defendant Officers

when they failed to adequately train Defendants Coward, Stokes, Williams, Lappe and

other officers to avoid the use of unreasonable and excessive force.

147. St. Johns County, the St. Johns County Sheriff's Office and Sheriff David

B. Shoar breached their duty as reasonably prudent employers of the Defendants when

they allowed at least one Defendant to carry a weapon for which he had not passed the

requisite proficiency training or testing.



Defendants Coward, Stokes, Williams, Lappe and Huddleston failed to announce their

presence as law enforcementofficers to Mrs. Sheldon.

149. St. Johns County, the St. Johns County Sheriff s Office and Sheriff David


Defendants failed to follow the proper protocols of welfare checks, including domestic

violence and suicide checks



Defendants Coward, Stokes, Williams and Lappe failed to follow proper SWAT

protocols.



24


they failed to prevent Defendants Coward, Stokes, Williams, and Lappe from

unreasonably seizing Mrs. Sheldon.



they failed to prevent Defendants Coward, Stokes, Williams, and Lappe from

imreasonably creating this situation where excessive force was used.

153. These breaches of duty are the direct and proximate cause of the injuries

sustamed by both Mr. and Mrs. Sheldon.

154. As a result of the negligence of St. Johns County, the St. Johns County

Sheriffs Office, and Sheriff David Shoar, Mr. and Mrs. Sheldon suffered damages

including, but not limited to: death, severe catastrophic physical injuries, mental anguish,

severe emotional distress, loss ofconsortium, funeral expenses, and economic loss.

WHEREFORE, Plaintiff humbly requests judgment against St. Johns County,

the St. Johns County Sheriff's Office, and SheriffDavid Shoar for:




COUNT NINE: NEGLIGENCE ESTATE COURT CLAIMS

fPEFENDANTS HUDDLESTON. COWARD. WILLIAMS.

STOKES. LAPPE. & MATUSE IN THEIR INDIVIDUAL CAPACITIES^


25


156. Defendants Huddleston, Coward, Williams, Stokes, Lappe, and Matuse, in

their capacity as individuals, owed Richard and Andrea Sheldon a duty of care to govern

themselves as reasonably prudent individuals.


their capacity as individuals, breached their duty to be reasonably prudent individuals

when at least one Defendant carried a weapon for which he had not passed the requisite

proficiency training or testing.



when Defendants responded to the Sheldon's residence without callmg ahead to assess

the situation, or any potential dangers or lack thereof before arriving.



when Defendants unreasonably created this situation where excessive force was used.

160. These breaches of duty on behalf of the Defendants are the direct and

proximate causeof the injuries sustained by bothMr. and Mrs. Sheldon.

161. As a resuh of the negligence of the Defendants in their capacity as

individuals, Mr. and Mrs. Sheldon suffered damages including, but not limited to: death,

catastrophic physical injuries, mentalanguish, severeemotional distress, funeral expenses

and economic loss.


Huddleston, Coward, Williams, Stokes, Lappe, and Matuse for:

26





COUNT TEN: NEGLIGENT HIRING. RETENTION AND/OR

SUPERVISION fPEFENDANTS ST. JOHNS COUNTY. ST. JOHNS

COUNTY SHERIFF'S OFFICE &SHERIFF DAVID B. SHOAR)

162. Paragraphs 1through 89 are hereby incorporated by reference herein.

163. Defendants Coward, Stokes, Williams, Lappe, Matuse, and Huddleston

were employed by and under the supervision of St. Johns County, St. Johns Coimty

SherifiPs Office, and Sheriff David B. Shoar.

164. St. Johns County, St. Johns County Sheriffs Office, and Sheriff David B.

Shoar knew or should have known that Defendants Coward, Stokes, Williams, Lappe,

Matuse, and Huddleston had engaged in wrongful conduct in the past.

165. St. Johns County Sheriffs Office documented this wrongful conduct and

St. Johns County, the St. Johns County Sheriffs Office, and Sheriff David Shoar knew or

should have known of Defendant Coward, Coward, Stokes, Williams, Lappe, Matuse, and

Huddleston violated St. Johns County's policies and procedures related to excessive force

and/or violations of civil rights.

166. At all relevant times, St. Johns County, the St. Johns County Sheriffs

Office, and Sheriff David Shoar had the ability and authority to discharge, further

supervise, and/or retrain Defendants Coward, Stokes, Williams, Lappe, Matuse, and

Huddleston.

27



constitutes negligence or grossnegligence did not receive any rehabilitative training prior

to Mrs. Sheldon's death.

168. St. Johns County, St. Johns County SherifiPs Office, and Sheriff David

Shoar's lack of supervision of Defendants Coward, Stokes, Williams, Lappe, Matuse, and

Huddlestonconstitutes negligence or gross negligence.

169. St. Johns County, St. Johns County Sheriffs Office, and Sheriff David

Shoar's hiring of Defendants Coward, Stokes, Williams, Lappe, Matuse, and Huddleston

constitutes negligence or gross negligence.

170. St. Johns County, St. Johns County Sheriffs Office, and Sheriff David

Shoar's retention of Defendants Coward, Stokes, Williams, Lappe, Matuse, and

Huddleston constitutes negligence or gross negligence.


violated Federal law, Florida law, and the policies and procedures of the St. Johns County

Sheriff's Office.

172. St. Johns County, St. Johns County Sheriff's Office, and Sheriff David

Shoar knew or should have known Defendants Coward, Stokes, Williams, Lappe, Matuse,

and Huddleston repeatedly violated the law and the St. John's County Sheriffs Office's

policies and procedures, yet did nothing to remedy Defendantsconduct.

173. As a direct, proximate, and foreseeable result of the acts or omissions of

St Johns County, St. Johns County Sheriff's Office, and Sheriff David Shoar, Mr. and

28


Mrs. Sheldon suffered damages, including but not limited to: death, catastrophic physical

injuries, mental anguish, severe emotional distress, fimeral expenses and economic loss.






COUNT ELEVEN; LOSS OF CONSORTIUM (STATE COURT CLAIMS

rPEFENDANTS STOKES. WILLIAMS. COWARD. LAPPE. SHERIFF DAVID

SHOAR. ST JOHNS COUNTY SHERIFF'S OFFICE. ST. JOHNS COUNTY^


175. Richard and Andrea Sheldon were married on October 20,2001.

176. Richard and Andrea Sheldon had been married for 10 years at the time

Defendants killed Mrs. Sheldon.

177. Richard and Andrea Sheldon had a loving and caring marriage.

178. Andrea Sheldon assisted Mr. Sheldon in everyday life by helping to cook,

clean, and run Hummingbird Acres, a farm and limited liability corporation located at the

2900 block of County Road 214, lot 71.

179. Mr. Sheldon was deprived of the services listed in paragraph 178 and 180,

as well as an intimate partnership with Mrs. Sheldon when Defendants killed her.

180. Andrea Sheldon was gainfully employed as a hospice nurse at the time

she was killed by Defendants.

29


181. Mr. Sheldon's loss of consortium is a direct and proximate cause

Defendants negligence and intentional torts against Mrs. Sheldon when they killed her.

182. As a result of Defendants' negligence and intentional torts, Mr. Sheldon

suffered damages including, but not limited to: lost wages, future earnings, pain and

suffering, sever emotional distress, loss of companionship, and loss of sexual intimacy

with Mrs. Sheldon.






DEMAND FOR A JURY TRIAL

Plaintiff demands a trial by jury on all triable issues. DATED this 12th day of

April, 2016.

Respectfully submitted,

30

BY: /s/Gonzalo Andux

Gonzalo Andux,Florida Bar No.: 0525286

Finneli, McGuinness, Nezami& Andux, P.A.2114 Oak Street

Jacksonville, FL 32204


31

Phone: (904)791-1101Fax:(904)[email protected]

BY:/s/AnnE. Finnell

Ann E. Finnell,Florida Bar No.: 0270040

Finnell, McGuinness, Nezami& Andux, P.A.2114 Oak Street

Jacksonville, FL 32204Phone: (904) 791-1101Fax:(904)791-1102AFinnell@fmnlawyersxom


IS 44 (Rev. 12/12)

rhe JS 44civil cover slwet and the inrormation contained herein neither rg>lacc nor wppjement the nUngand serviMby local rules orcourt. This form, approved by the Judicial Conference ofthe United States inSeptember r)finiliating the civil docket sheet (SKHINsmUCriONSONNEXTPAaHOFTHlSFOm)

CIVIL COVER SHEET J \Steis as required by law, except as: ofthe Cletk ofCourt for the

l.(a) PLAINTIFFS ft ^ , , r

fM County ofResidenceofFirstListed Plaintiir

(HXChXriNUXPUINTItTCASa^

(C) Attorneys (h'lmName, Address, andTelephone Number)

DEFENDANTS 'TVy.d>'Uv\<^5 Coua?.«t:5-,J««ei/VNvJ les+i^^, AA.rciui.^ \

S^Jo>A.wO J<sVlIa.!3Countv of Residence of First Listed Defendant

(tN as. piAiNnFFCAsesoNLY)NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OF '

THE TRACT OF LAND INVOLVED.

Attorneys (IfKnmn^

II. BASIS OF JURISDICTION (I'laeean -jriaOneBoxOnly)

3 1 U.S.Govemnwnt Federal (JuesUon

D 2 U.S. Government O 4 DiversityI}efcndanl (IndicoU CIllseniMp ofParlies in ItemUt)

in. CITIZENSHIP OF PRINCIPAL PARTIES (7»/oce«i -X'ln One Haxfor Plaintiff(Far Diversity CasesOnly) ondOneBacforDefindant)

PTF DEP PTF DEP

Citizen of ThisState 1 ' Incorpontedor Principal Place O 4 0 4ofBusiness In This Suie

Citizenof AnotherState • 2 • 2 IncorporatedonrfPrincipal Place O 5 0 5ofBusiness In Anodter State

Citizen orSubject ofa OS 0 3 Foreign Nation • 6 • 6Foieicn Counnv

IV. NATURE OF SUIT ff'towan "X"la Ota Box Only)c;0NTRA<7r>'Hr.>.tn)'

• llOlnsuiance

• 120 MarineO 130 Miller Ad• 140NegotiableItumuncnta ISORecoveiyofOvapiynicnl

& EnfiHCcmenl ofjudement• IS1 MedicaioAct

• IS2 Recovery of [>e&ulledStudent Loans(lixcludet Veterans)

D 153RecoveryofOveipaymeniofVeteran's Beneiitt

a 160 Stockholders'Suits• 190 Olher Connaci

• 19SConlracl Product Liabtlilya 196 Franchise

PERSONAL INJURY

• 310 Airplane• 315Airplane Pniduct

Liability• 320 Assault, UbelA

Slander

• 330 Fedenl Employers'Liability

• 340 Marine• 345 Marine Product

Uability• 350 Motor Vehicle• 3SS Motor Vehicle

Product Uability• 360 Other Personal

Injuiy• 362 PersonalIiiiuiy-

PERSONAL INJURY

• 365 Personal litjury •Product Liability

• 367 Health Care/PhonttoeuticalPersonil li\juryProduct Liability

• 368 Asbestos PertanilInjaiyProductLiability

PERSONAL PROPERTY• 370 Other Fraud• 371 Truth in Lending• 380 Other Personal

Prapeity Danuge• 385 PropertyDamage

Product Liability

FQRPEITURPPENALTV-1»-|.«tte'.<'«BA> IN-t II i;. ifii'SJ'iPBa 111 y i U i ir.Vi liTagEBSH

• 625 Dnig Related SeizureofFroperty21USC83t

• 690 Other

• 422 Appeal28 USC1S8• 423 WithdiBwal

28 use 157

BSTJiwif^nnraTrwrra^sa

• 820 Copyrights• 830 Patent

• 840Trtdemaifc

•M I— m. I u B1: n I-«wt'gjajBB H71.-I. • ^ n u.~i V d I r I •JN^.-.rna

O 710 Fair Labor StandardsAct

• 720 Labor/ManagcmcnlRelations

a 740 Railway Labor Act• 751 Familyand Medical

Leave Act

• 790 Other Labor LiliBation• 791 EmployeeRetirement

IncomeSecurity Act

O 861 HIA(l395fl)• 862 Black Lung(^)• 863 DIWC/DIWW (405(g))• 864 SSID Title XVI• 865 RSI(405(s))

375 False Clauns An

400 State Reapportionment410 Antitnist

430 Banksand Banking450 Commerce

460 Deportation• 470 Racketeer Influenced and

Corrupt (480 Consumer <490 Cable/Sat TV850 Secttrilies/Commodiliet'

Exchapflg390 Other Statuloiy Actions391 Agricultural Aett .393 Enviromnenlal Matters

895 Freedom of Inrormation

Act

896 Arbitration

899 Administrative Procedure

Act/Reviewor AppealofAgency Decision

950 Constitutionality ofState Statutes

HEALPROPERTYV .«<YCIV1L-RIGHTS a

Stj40 OlhsrCivil Rights• 441 Voting• 442 Eoiploynisnt• 443 Housing/

Accommodations

• 445 Amer. w/DisabilitieS'Employment

• 446 Amer. w/DiiabiUties'Other

• 448 Education

PRISONER PETITIONS •

Habeas Corpusi• 463 Alien Detainee• 510 Motions to Vacate

Sffnicnro

• 530 Oencral• 535 Death Penalty

Otben• 540 Mandamus & Otbcr• 550avilRi8btt• 555 Prison Condition• 560 Civil Detainee-

Conditions ofCanfinement

>!.BFEDERAIi.TAXStlITSaa.%

• 870 Taxes (US. Plamtiifor Defendant)

• 871 IRS—Third Party26 use 7609

• 210 Land Condenuistion• 220 Foreclosure

• 230 Rent Lease & Ejectment• 240 Tors to Land• 24S Ton Product UsblliiyO 290 All OUier Real Prop^ '• ? IMMIGRATIONtM?)?

• 462 Naturalization Application• 465 Other Immigration

Actions

V. ORIGIN (I'lanan "X"InOiuBoxOn/yJKl 1 ^rioinoi n 9 Rcmnved from • 3 Remanded from O 4 Reinstated or O S Transferred from • O 6 Multidistrict^ PrSing sSTecSSr Apge Court Reopened

VI. CAUSE OF ACTION

Cite the U.S.CivilStatuteunderwhichyou are filing (DoniatUeJiirlsdlalmalsaiuiaunlea<llvmtiy):• 0^<L.

VII, REQUESTED INCOMPLAINT;

Brief description ofcause;

• CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23. F.R.CV.P.

Vlll. RELATED CASE(S)IF ANY

(SeeImlrvcllons):JUDGE

DEMANDS

DATE SIGNATURE OF/OtTORNEY

FOR OKFICE USE ONLY

RECElIAPPLYING IFP

CHECK YES only

JURY DEMAND

fifdemand^i; gj/ea

DOCKET NUMBER

in complaint:

'es • No

3 1 MAG. JUDGE OJUDGE

Case 3:16-cv-00436-BJD-JBT Document 1-1 Filed 04/13/16 Page 1 of 1 PageID 32

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