Case: 3:15-cv JZ Doc #: 1 Filed: 04/28/15 1 of 24. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Transcription

1 Case 315-cv JZ Doc # 1 Filed 04/28/15 1 of 24. PageID # 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION JOSEPH COLLINS, CIVIL ACTION NO. INDIVIDUALLY AND AS ADMINISTRATOR OF THE Judge ESTATE OF LARRY COLLINS 7006 Mela Court Springboro, OH COMPLAINT and INJUNCTIVE RELIEF REQUESTED J. BART COLLINS, 7006 Mela Court JURY DEMAND Springboro, OH and JESUP COLLINS, PMB 870 Ste N. Marine Dr. Tamuning, Guam Plaintiffs v. CITY OF TOLEDO, One Government Center 640 Jackson, Suite 2200 Toledo, OH and MICHAEL NAVARRE, Individually and in his Official Capacity As a Former Employee of the City of Toledo c/o Oregon Police Department 5330 Seaman Road

2 Case 315-cv JZ Doc # 1 Filed 04/28/15 2 of 24. PageID # 2 Oregon, OH and GEORGE KRAL, In his Official Capacity as Chief and as an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and DAVID O'BRIEN, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and JAMES MAWER, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and LEO EGGERT, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and NORMAN GIESIGE, Individually and in his Official Capacity As an Employee of the City of Toledo! 2

3 Case 315-cv JZ Doc # 1 Filed 04/28/15 3 of 24. PageID # 3 c/o Toledo Police Department 525 N. Erie Street Toledo, OH and RONALD PARTON, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and RANDY PEPITONE, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and GEOFF GLOVER, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and JOHN PALMER, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and! 3

4 Case 315-cv JZ Doc # 1 Filed 04/28/15 4 of 24. PageID # 4 BRENT SCOBLE, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and KEVIN SMITH, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and WILLIAM BERK, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and DAN HANUS, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and BRIAN LEWANDOWSKI, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH 43604! 4

5 Case 315-cv JZ Doc # 1 Filed 04/28/15 5 of 24. PageID # 5 and DONALD NACHTRAB, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and GARY RABBITT, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and JOEL SCHERER, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH and CURTIS STONE, Individually and in his Official Capacity As an Employee of the City of Toledo c/o Toledo Police Department 525 N. Erie Street Toledo, OH Defendants! 5

6 Case 315-cv JZ Doc # 1 Filed 04/28/15 6 of 24. PageID # 6 I. PRELIMINARY STATEMENT 1. This is a civil rights action, accompanied by state law tort claims, against the City of Toledo, as well as its former police chief, current police chief, and individual police officers, seeking damages for the violation of Plaintiffs' decedent Larry Collins s constitutional rights as well as rights and claims guaranteed under state law to Plaintiffs and their decedent. As set forth in detail below, in a high-speed, wrong-way, unsupervised, chaotic vehicle pursuit, Defendants caused Larry Collins s excruciating pain, catastrophic personal injury, and death through the use of excessive force under the Fourth Amendment and deprived him of his right not to be deprived of his life without due process and equal protection of the laws guaranteed by the Fourteenth Amendment. Defendants' actions also proximately caused the death of Larry Collins and resulted in the loss of support, society, services, and mental anguish to Plaintiffs, the sons of Larry Collins. II. JURISDICTION 2. Jurisdiction over claims arising from Defendants' violation of the Civil Rights Act is conferred upon this Court by 28 U.S.C and Jurisdiction over the state law claims is authorized under 28 U.S.C Jurisdiction over all claims in this matter is proper insofar as they were previously voluntarily dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a) and subject to refiling under the Ohio savings statute, O.R.C ! 6

7 Case 315-cv JZ Doc # 1 Filed 04/28/15 7 of 24. PageID # 7 3. Venue is proper in this district and division under 28 U.S.C. 1391, as the defendant city of Toledo is organized in this district and all of the contested actions take place in this district. III. THE PARTIES 4. Plaintiff Joseph Collins is a citizen of the State of Ohio. He brings this action as administrator of the estate of Larry Collins on behalf of Larry Collins on the civil rights claims and wrongful death claims, and on his own behalf with respect to the wrongful death and loss of consortium claims. 5. Plaintiff J. Bart Collins is a citizen of the State of Ohio. He brings this action on his own behalf. 6. Plaintiff Jesup Collins is a citizen of the United States residing in the territory of Guam. He brings this action on his own behalf. 7. Defendant City of Toledo is a municipal corporation organized under the laws of the State of Ohio. It is an entity or person subject to federal jurisdiction. 8. Defendant Michael Navarre was at all times relevant to this action the Police Chief of the Toledo Police Department ( Toledo PD or TPD ) employed by the City of Toledo. He is sued individually and in his official capacity only with respect to the facts stated herein and actions taken while Chief of Police in Toledo. No claims are asserted against Mr. Navarre with regard to his actions as Police Chief of the City of Oregon, Ohio. At all times herein, Defendant Navarre was a state actor, acting under color of state law.! 7

8 Case 315-cv JZ Doc # 1 Filed 04/28/15 8 of 24. PageID # 8 9. Defendant George Kral is the current Police Chief of the Toledo Police Department employed by the City of Toledo. He is sued in his official capacity only for injunctive and declaratory relief. At all times herein, Defendant Kral was a state actor, acting under color of state law. 10. Defendant David O'Brien was at all times relevant to this action a police officer in the City of Toledo Police Department employed by the City of Toledo. He is sued individually and in his official capacity. At all times herein, Defendant O Brien was a state actor, acting under color of state law. 11. Defendant James Mawer was at all times relevant to this action a police officer in the City of Toledo Police Department employed by the City of Toledo. He is sued individually and in his official capacity. At all times herein, Defendant Mawer was a state actor, acting under color of state law. 12. Defendants Leo Eggert, Norman Giesige, Ronald Parton, Randy Pepitone, Geoff Glover, John Palmer, Brent Scoble, Kevin Smith, William Berk, Dan Hanus, Brian Lewandowski, Donald Nachtrab, Gary Rabbitt, Joel Scherer, and Curtis Stone were at all times relevant to this action police officers in the City of Toledo Police Department employed by the City of Toledo. They are each sued individually and in their official capacities. At all times herein, these Defendants were state actors, acting under color of state law. Along with Chief Navarre, Officer Mawer, and Officer O Brien, collectively these are referred to herein as the Pursuit Defendants.! 8

9 Case 315-cv JZ Doc # 1 Filed 04/28/15 9 of 24. PageID # 9 IV. THE FACTS 13. On or about September 3, 2011, the first day of the Labor Day holiday weekend, Plaintiffs' decedent Larry Collins was traveling northbound on Interstate 75 in the City of Toledo. 14. On that same day, Toledo police, including the Pursuit Defendants, were on the second day of a manhunt for a suspect named Brian Lipp. Toledo police had engaged Lipp in a vehicle pursuit the previous day and failed to apprehend him when he crossed into Michigan. Defendants were aware that Lipp had engaged them in a vehicle pursuit and of the possibility that he would do so again. 15. Defendant Navarre personally green-lighted and approved the manhunt for Lipp, making his apprehension a department imperative. 16. Toledo police failed on multiple occasions to apprehend Lipp. In addition to the failed pursuit, Toledo officers who encountered him failed to arrest him and take him into custody, although they had legal justification and opportunity. Toledo PD disciplined an officer who failed to apprehend Lipp prior to September 3, On the morning of September 3, 2011, Toledo police, including the Pursuit Defendants, resumed the chase for Lipp, pursuant to Chief Navarre's directive. Once they encountered his vehicle, numerous Toledo police department cruisers staffed by the Pursuit Defendants pursued Lipp throughout industrial and residential sections of the city. 18. The pursuit was chaotic and uncontrolled. Despite the involvement of numerous Toledo PD cruisers and officers, including the Pursuit Defendants, the pursuit was not controlled or halted using means customarily available to law enforcement! 9

10 Case 315-cv JZ Doc # 1 Filed 04/28/15 10 of 24. PageID # 10 officers and agencies. Defendants Navarre, Eggert, Giesige, Parton, and Pepitone all had authority to control, supervise, administer, and terminate the pursuit but failed to do so. 19. The very first line of the Toledo PD policy on pursuits in effect on September 3, 2011 stated unequivocally, A VEHICLE PURSUIT SHALL BE TERMINATED WHENEVER THE LEVEL OF DANGER CREATED BY THE PURSUIT OUTWEIGHS THE IMMEDIATE CONSEQUENCES OF THE SUSPECT S ESCAPE. (emphasis original). 20. In other relevant provisions, the Toledo PD policy states 1.2 CONSIDERATION OF ENVIRONMENTAL FACTORS No officer shall initiate, or otherwise engage in, a vehicle pursuit without first evaluating all environmental conditions and other external factors that reasonably could be considered to impact on the pursuit s outcome. These factors include but are not limited to The nature and seriousness of the offense. The weather and the roadway conditions. The presence and volume of vehicular and pedestrian traffic. Time of day. The presence of passengers in the pursued vehicle. The officer s familiarity with the area. The availability of assistance. The likelihood of the suspect s apprehension. The speed and evasive maneuvers of the suspect. Condition and capabilities of the police vehicle. 21. The Toledo PD policy also sets speed restrictions for pursuits, stating that speeds shall be reasonable and Pursuits shall not be initiated, or if initiated, shall not be continued, when the speeds involved present a clear danger to the public, the occupants of the pursued vehicle or the pursuing officers. (a) A clear danger exists when speeds hazardously exceed that of the flow of traffic, or when the presence of vehicular or pedestrian traffic necessitates the unsafe maneuvering of the suspect s or officer s vehicles! 10

11 Case 315-cv JZ Doc # 1 Filed 04/28/15 11 of 24. PageID # 11 to avoid such traffic, or when unsafe maneuvering would be required regardless of the presence of other traffic. 22. Section 2.8 of the Toledo PD policy, MANDATORY TERMINATION, echoes the very first line with the exception of the placement of the word immediate A VEHICLE PURSUIT SHALL BE TERMINATED WHENEVER THE LEVEL OF DANGER CREATED BY THE PURSUIT OUTWEIGHS THE CONSEQUENCES OF THE SUSPECT S IMMEDIATE ESCAPE. (emphasis original). This provision also provides for termination by the primary unit s operator, a sector sergeant, a supervisory officer of superior rank, or onduty communications bureau supervisor. 23. Defendants failed to follow any of these provisions in their stated policy. Instead, Toledo police supervisors failed to control or terminate the pursuit, even though it was required by their pursuit policy. Despite the high risk and the pursuit the previous day, Toledo police supervisors, including Defendants Navarre, Eggert, Giesige, Parton, and Pepitone, did not control, supervise, administer, or terminate the pursuit. 24. Federal agents participating in the search for Lipp monitored radio traffic during the pursuit. They describe nothing short of chaos, with no TPD supervisory presence directing TPD officers. 25. During the pursuit, a cruiser driven by Defendant O'Brien, accompanied by Defendant Mawer, joined the chase. The O Brien-Mawer cruiser participated in the chase throughout industrial and residential areas of Toledo for a very significant amount of time, sufficient to evaluate the pursuit and to terminate it as in violation of policy.! 11

12 Case 315-cv JZ Doc # 1 Filed 04/28/15 12 of 24. PageID # O'Brien and Mawer pursued Lipp onto an access road and thereafter onto an exit ramp from Interstate 75 Northbound. Traveling in the wrong direction, they consciously, deliberately, negligently, wantonly, recklessly, and with deliberate indifference chose to pursue Lipp onto the major freeway through Toledo in the wrong direction at freeway speeds. Other units staffed by Pursuit Defendants followed, consciously, deliberately, negligently, wantonly, recklessly, and with deliberate indifference choosing to pursue Lipp onto the major freeway through Toledo in the wrong direction at freeway speeds. 27. Within approximately thirty seconds, the O'Brien-Mawer cruiser, traveling in the wrong direction on Interstate 75 at high speed, struck the vehicle driven by Larry Collins in a direct impact. The closing speed of the two vehicles was recorded at 115 mph. Mr. Collins sustained catastrophic injuries and was killed as a direct result of the high-speed collision with the O'Brien-Mawer cruiser. Defendant O'Brien was driving the cruiser, and it was at all times under his control and direction. Defendant Mawer, although the passenger, failed to advise O'Brien that the pursuit was unsupervised, uncontrolled, and unconstitutional, and should therefore be discontinued. The remaining Pursuit Defendants failed to discontinue the pursuit despite the fatality, and the other collisions they caused, consciously, deliberately, negligently, wantonly, recklessly, and with deliberate indifference continuing to pursue Lipp on a major freeway in the wrong direction at freeway speeds, endangering unknown thousands of wholly innocent holiday weekend travelers.! 12

13 Case 315-cv JZ Doc # 1 Filed 04/28/15 13 of 24. PageID # The actions of Defendants in initiating, continuing, failing to supervise or control, and failing to terminate the pursuit affirmatively created or increased the risk that Mr. Collins would be injured or killed. Those actions placed Mr. Collins, and not simply the overall general public in Toledo, at risk. The Defendants knew or should have known that their actions specifically endangered Mr. Collins. Mr. Collins was safer before the Defendants actions than after them. 29. Officers at the scene, including Defendants O'Brien, Mawer, and certain other Pursuit Defendants, failed to provide any assistance to Mr. Collins after the collision, despite his obvious distress and catastrophic injuries. After the impact, Mr. Collins was in the care, custody, and control of these Defendants, and they demonstrated deliberate indifference to him by nonetheless failing to provide him any assistance. 30. The City of Toledo, Chief Navarre, and each of the Pursuit Defendants created a chaotic, uncontrolled, unconstitutional pursuit. Continuing a pursuit in the wrong direction at freeway speed created an almost certain probability of a civilian or officer fatality. The chaos and overwhelming danger created by the actions of the City, Chief Navarre, and each of these Defendants directly caused the death of Larry Collins. It constitutes deliberate indifference to the rights of Mr. Collins and other innocent bystanders, and shocks the conscience. 31. The uncontrolled pursuit and impact by a TPD cruiser into Larry Collins's vehicle directly caused his death. The uncontrolled pursuit and impact constituted excessive force and deadly force. The uncontrolled pursuit in the wrong direction at freeway speed on a highway was wanton and reckless at best, and was substantially! 13

14 Case 315-cv JZ Doc # 1 Filed 04/28/15 14 of 24. PageID # 14 equivalent in risk to discharging a firearm into a crowd. It constitutes deliberate indifference to the rights of Mr. Collins and other innocent bystanders, and shocks the conscience. 32. Defendants City and Navarre conducted only a cursory investigation of Mr. Collins's death, treating it as nothing more than a traffic incident. The City and Chief Navarre cleared all officers and returned Defendants O'Brien and Mawer to duty within fewer than four weeks. The City also destroyed all physical evidence, despite the request of Mr. Collins s family, by selling the vehicle for scrap almost immediately. 33. Adding insult to injury, no member of the Toledo Police Department or City Administration ever contacted the Collins family to express regrets or to offer assistance of any kind. Defendant Navarre attended Mr. Collins's viewing in plain clothes, and emphatically -- and outrageously -- stated to the Collins family that he was there as "Mike Navarre the man, not the police chief, " and expressed no regret on behalf of the police department or City. 34. On information and belief, Defendant City did not conduct an internal affairs, policy compliance, homicide, or professional standards investigation into the circumstances that surrounded Mr. Collins's death. Also, on information and belief, the City did not refer the matter for investigation to the Lucas County grand jury, the Ohio Attorney General, the BCIS, or any other law enforcement entity. To date, despite multiple requests, the City has never produced a single record demonstrating any review of Mr. Collins s death as anything other than a traffic accident, or by any external agency.! 14

15 Case 315-cv JZ Doc # 1 Filed 04/28/15 15 of 24. PageID # Defendant Navarre personally approved the manhunt and search for Brian Lipp, and was the policy maker responsible for the decision not to investigate the death of Larry Collins. 36. Defendant City of Toledo has written policies regarding the use of force, the use of deadly force, and the use of vehicle pursuits. 37. Despite written policies to the contrary, the custom and practice of Defendant City is to tolerate the use of excessive force and deadly force in vehicle pursuits, and to tolerate the use of vehicle pursuits without oversight or supervision, despite obvious risks. 38. It is also a custom and practice of Defendant City to justify such unconstitutional conduct by alleging that it was justified and necessary, and to blame the victims of its customs and policies for their consequences. The crash report and public statements by Defendant Navarre outrageously blame Mr. Collins, who was behaving lawfully in driving in the correct lane and direction on Interstate 75, for impacting the O'Brien-Mawer cruiser, which was traveling recklessly in the wrong direction at high speed. 39. Defendant City has tolerated, acquiesced in, ratified and been deliberately indifferent to the above-mentioned practices by members of the TPD. 40. The City was deliberately indifferent to Mr. Collins and to other motorists in Toledo by failing to supervise its police officers in a manner that would expose and correct the practices that are the subject of this lawsuit, and shocks the conscience.! 15

16 Case 315-cv JZ Doc # 1 Filed 04/28/15 16 of 24. PageID # The need for effective supervision and limits in vehicle pursuits has been evident for thirty years and the failure to establish an effective system for supervision for vehicle pursuits continues to create unconstitutional conditions in TPD policing. 42. Toledo police officers are inadequately trained and/or supervised in how to properly and safely conduct vehicle pursuits. 43. Defendant City of Toledo through its policy makers, including the past and present chiefs of police, acquiesced and/or ratified the failure to properly train and/or supervise police officers who have committed these constitutional violations. 44. Defendant City of Toledo through its policy makers, including the past and present chiefs of police, acquiesced and/or ratified the failure to properly investigate these incidents and to properly discipline or retrain police officers involved in these incidents. 45. The actions of the individual defendants were taken pursuant to the policy and practice of the City of Toledo. Such actions constitute deliberate indifference and shock the conscience. Defendant Chief Navarre, then the City s policymaker on these issues, even outrageously commended the individual Defendants as an outstanding example for the rest of the department. 46. As a direct and proximate result of Defendants' actions and omissions under color of state law, Larry Collins was deprived of rights secured by the Fourth and Fourteenth Amendments to the federal constitution.! 16

17 Case 315-cv JZ Doc # 1 Filed 04/28/15 17 of 24. PageID # As a direct and proximate result of Defendants' actions and omissions under color of state law, Larry Collins suffered serious mental anguish and emotional distress, physical injuries, pain and suffering, and death. V. FIRST CLAIM 42 USC 1983 (ALL DEFENDANTS) 48. Defendants have, under color of state law, deprived Mr. Collins of rights, privileges, and immunities secured by the United States Constitution including the Fourth and Fourteenth Amendments to the United States Constitution. VI. SECOND CLAIM FOURTH AMENDMENT EXCESSIVE FORCE AND DEADLY FORCE (DEFENDANTS O BRIEN AND MAWER) 49. The actions of Defendants O Brien and Mawer in striking Mr. Collins s vehicle constitute a seizure and excessive force against an innocent civilian not the subject of any criminal investigation or police action, and were grossly in excess of that which would be objectively reasonable in violation of rights guaranteed by the Fourth Amendment to the U.S. Constitution. Their failure to provide appropriate treatment or attention to his injuries was objectively unreasonable in violation of rights guaranteed by the Fourth Amendment to the U.S. Constitution. No force was appropriate under the circumstances.! 17

18 Case 315-cv JZ Doc # 1 Filed 04/28/15 18 of 24. PageID # 18 VII. THIRD CLAIM FOURTEENTH AMENDMENT -- SUBSTANTIVE DUE PROCESS (ALL DEFENDANTS) 50. Defendants used force against an innocent civilian not the subject of any criminal investigation or police action, in a manner that shocks the conscience in violation of rights guaranteed by the Fourteenth Amendment to the U.S. Constitution. No force was appropriate under the circumstances. Their failure to provide appropriate treatment or attention to his injuries was also deliberately indifferent to his rights guaranteed by the Fourteenth Amendment to the U.S. Constitution. 51. Defendants created the risk of injury or death to Mr. Collins, placed Mr. Collins specifically at risk, and were aware that their actions specifically endangered Mr. Collins, all in violation of his Fourteenth Amendment rights. VIII. FOURTH CLAIM FOURTEENTH AMENDMENT -- SUBSTANTIVE DUE PROCESS (DEFENDANTS CITY OF TOLEDO, NAVARRE, AND KRAL) 52. Defendants City of Toledo, Navarre, and Kral at all times had a duty to train and supervise Toledo police officers in the constitutional use of vehicle pursuits. Their failure to adequately train or supervise officers on these pursuits constitutes a policy or custom, and constitutes a failure to train, in deliberate indifference to the rights guaranteed to Mr. Collins by the Fourteenth Amendment to the U.S. Constitution.! 18

19 Case 315-cv JZ Doc # 1 Filed 04/28/15 19 of 24. PageID # 19 IX. FIFTH CLAIM FOURTEENTH AMENDMENT -- SUBSTANTIVE DUE PROCESS (DEFENDANTS CITY OF TOLEDO AND NAVARRE) 53. Defendants City of Toledo and Navarre at all times had a duty to train and supervise Toledo police officers in the constitutional use of vehicle pursuits. The creation of ad hoc policy by Defendant Navarre constitutes policymaking by the Defendant City of Toledo. It overrode stated policy and training specifically laid out by written TPD policy, and caused the circumvention of policy and training that directly caused the constitutional violations described therein. It ignored as irrelevant all resulting collateral damage as of no consequence whatsoever. Such action is the equivalent of official policy of Defendants Navarre and City of Toledo. Accordingly, Defendants Navarre and City of Toledo violated rights guaranteed to Mr. Collins by the Fourteenth Amendment to the U.S. Constitution. X. SIXTH CLAIM FOURTEENTH AMENDMENT -- FAILURE TO TRAIN (DEFENDANTS CITY OF TOLEDO AND NAVARRE) 54. Defendants City of Toledo and Navarre at all times had a duty to train and supervise Toledo police officers in the constitutional use of vehicle pursuits. The creation of ad hoc policy by Defendant Navarre constitutes policymaking by the Defendant City of Toledo. It overrode stated policy and training specifically laid out by written TPD policy, and caused the circumvention of policy and training that directly caused the! 19

20 Case 315-cv JZ Doc # 1 Filed 04/28/15 20 of 24. PageID # 20 constitutional violations described therein. It ignored as irrelevant all resulting collateral damage as of no consequence whatsoever. 55. A reasonable policy-maker knew or should have known that his or her employee police officers would commit constitutional violations if they were not appropriately trained in the use of force, use of deadly force, and vehicle pursuits. Defendants Navarre and City of Toledo failed to do so. 56. The custom, pattern, or practice of the City of Toledo demonstrates an obvious need for appropriate training on the appropriate use of force, deadly force, and vehicle pursuits, such that the Defendants Navarre and City of Toledo knew or should have known. 57. Accordingly, Defendants Navarre and City of Toledo acted with deliberate indifference and violated rights guaranteed to Mr. Collins by the Fourteenth Amendment to the U.S. Constitution. XI. SEVENTH CLAIM FOURTEENTH AMENDMENT -- MONELL (DEFENDANTS CITY OF TOLEDO, NAVARRE, AND KRAL) 58. The actions of Defendants City of Toledo, Navarre, and Kral are responsible for and did establish policy on deadly force, the use of force, and the constitutional use of vehicle pursuits. The creation of ad hoc policy by Defendant Navarre as well constitutes policymaking by the Defendant City of Toledo. It overrode stated policy and training specifically laid out by written TPD policy and directly caused the constitutional violations described therein.! 20

21 Case 315-cv JZ Doc # 1 Filed 04/28/15 21 of 24. PageID # The failure to investigate, discipline, or retrain in any meaningful way any of the actions of any of the participants in this unconstitutional vehicle pursuit that killed Larry Collins was egregious. It constitutes ratification and approval of the unconstitutional custom and policy of the City of Toledo by is policymakers. 60. Accordingly, Defendants Navarre, Kral, and City of Toledo violated rights guaranteed to Mr. Collins by the Fourteenth Amendment to the U.S. Constitution. XII. EIGHTH CLAIM FOURTEENTH AMENDMENT -- PUNITIVE DAMAGES (DEFENDANT NAVARRE) 61. The actions of Defendant Navarre responsible for and did establish policy on deadly force, the use of force, and the constitutional use of vehicle pursuits. 62. The creation of ad hoc policy by Defendant Navarre as well constitutes policymaking by the Defendant City of Toledo. It overrode stated policy and training specifically laid out by written TPD policy and directly caused the constitutional violations described therein. 63. The failure to investigate, discipline, or retrain in any meaningful way any of the actions of any of the participants in this unconstitutional vehicle pursuit that killed Larry Collins was egregious. It constitutes ratification and approval of the unconstitutional custom and policy of the City of Toledo by Defendant Navarre. 64. Accordingly, Defendant Navarre violated rights guaranteed to Mr. Collins by the Fourteenth Amendment to the U.S. Constitution.! 21

22 Case 315-cv JZ Doc # 1 Filed 04/28/15 22 of 24. PageID # 22 XIII. NINTH CLAIM WRONGFUL DEATH, O.R.C (DEFENDANTS O'BRIEN, MAWER, NAVARRE, AND PURSUIT DEFENDANTS) 65. The wanton and reckless acts and omissions of Defendants O'Brien, Mawer, Navarre, and the Pursuit Defendants directly and proximately caused the death of Larry Collins, and Larry Collins's death resulted in the loss of support, society, services, and mental anguish to his three sons, Plaintiffs Joseph, Bart, and Jesup Collins. XIV. TENTH CLAIM LOSS OF CONSORTIUM (DEFENDANTS O'BRIEN, MAWER, NAVARRE, AND PURSUIT DEFENDANTS) 66. The negligent and/or intentional acts and omissions of Defendants O'Brien, Mawer, Navarre, and the Pursuit Defendants directly and proximately caused injury to Larry Collins. As a direct and proximate result of the negligent and/or intentional acts which caused the fatal injury to Larry Collins, he is no longer capable of giving love, affection, society, comfort, and support to his three sons, Plaintiffs Joseph, Bart, and Jesup Collins. XV. PRAYER FOR RELIEF WHEREFORE, Plaintiffs request this Court to award them A. Compensatory damages in an amount to be shown at trial, including but not limited to the pain and suffering of the deceased; B. Compensatory damages against all parties, in an amount to be shown at trial, and punitive damages against the individual defendants in an amount to be shown at! 22

23 Case 315-cv JZ Doc # 1 Filed 04/28/15 23 of 24. PageID # 23 trial, for their civil rights claims; medical, burial, and funeral costs and expenses for Larry Collins incurred as a result of his wrongful death; C. Compensatory damages against all parties, in an amount to be shown at trial, and punitive damages against the individual defendants in an amount to be shown at trial, for Plaintiffs' loss of consortium, pain, and suffering; D. Costs incurred in this action; E. Attorney fees pursuant to 42 U.S.C. 1988; F. Prejudgment interest; G. Trial by jury; H. Injunctive and declaratory relief against Defendant City of Toledo and all official capacity Defendants declaring its unconstitutional policies, training, customs, and practices unconstitutional, and enjoining their further use; I. Such other and further relief as the Court may deem just and proper. /s/ Scott T. Greenwood Scott T. Greenwood ( ) Trial Attorney for Plaintiffs 1600 Scripps Center 312 Walnut Street Cincinnati, OH (v) law@scottgreenwood.com! 23

24 Case 315-cv JZ Doc # 1 Filed 04/28/15 24 of 24. PageID # 24 JURY DEMAND Plaintiffs hereby demand a trial by jury of all issues triable by a jury. /s/ Scott T. Greenwood Scott T. Greenwood ( ) Trial Attorney for Plaintiffs! 24