Case 4:15-cv A Document 1 Filed 05/20/15 Page 1 of 8 PageID 1

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1 Case 4:15-cv A Document 1 Filed 05/20/15 Page 1 of 8 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION BOBBIE WATERS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JONATHAN PAUL, DECEASED v. Plaintiff, CITY OF ARLINGTON, TEXAS, WILL JOHNSON, and JOHN DOE OFFICER Defendants. CIVIL ACTION NO. PLAINTIFF S ORIGINAL COMPLAINT TO THE HONORABLE UNITED STATES DISTRICT COURT: Plaintiff Bobbie Waters, Individually and as Representative of the Estate of Jonathan Paul, Deceased, files suit against Defendant City of Arlington, Texas ("Arlington"), Defendant Police Chief Will Johnson in his individual and official capacity, and Defendant Unknown Arlington Correctional Officer ( Officer ) in his or her individual and official capacity, and alleges the following: I. NATURE AND PURPOSE OF THE ACTION 1.01 Decedent Jonathan Paul was incarcerated in the Arlington City Jail on March 9, The defendant officer(s) actions at that time violated Jonathan Paul's constitutional right to 1) Due Process of Law, 2) freedom from excessive force and unlawful restraint, 3) freedom from punishment as a pretrial detainee, and constituted 4) deliberate indifference to a pretrial detainee s safety and wellbeing Additionally, the Defendants had a duty to implement policies, practices, and procedures PLAINTIFF S ORIGINAL COMPLAINT PAGE 1

2 Case 4:15-cv A Document 1 Filed 05/20/15 Page 2 of 8 PageID 2 which respected and preserved Jonathan Paul's constitutional rights. Defendants failed to implement such policies and/or the policies implemented by Defendants were constitutionally inadequate Defendants actions, and their failure to implement constitutionally required policies, and/or implementation of unconstitutional policies, deprived Jonathan Paul of his rights under the United States Constitution and caused him unwarranted physical and mental anguish and death Bobbie Waters brings this action under 42 U.S.C and 1988, the Fourth, Fifth and Fourteenth Amendment to the United States Constitution, Tex. Civ. Prac. & Rem. Code , and all other applicable constitutional provisions and laws of the United States. II. JURISDICTION AND VENUE 2.01 This Court has original jurisdiction over this action pursuant to 28 U.S.C and 1343 since Bobbie Waters is suing for relief under 42 U.S.C Venue is appropriate in the United States District Court; Northern District of Texas, Fort Worth Division, since Tarrant County is the location of the events made the basis of this cause of action. III. PARTIES 3.01 Plaintiff Bobbie Waters resides in Dallas, Dallas County, Texas Defendant City of Arlington is a City located in Tarrant County in the State of Texas. Arlington funds and operates the Arlington City Jail. Defendant Arlington is responsible for the implementation of the policies, procedures, practices, and customs, as well as the acts and omissions, challenged by this suit. Defendant Arlington is also responsible for ensuring that all of its facilities, including the Arlington City Jail, are, in compliance with federal and state law, PLAINTIFF S ORIGINAL COMPLAINT PAGE 2

3 Case 4:15-cv A Document 1 Filed 05/20/15 Page 3 of 8 PageID 3 department or agency policies, rules, and regulations, and related standards of care. Defendant Arlington is the employer of the unidentified Defendant Officer and is responsible for the acts and/or omissions of Defendant Officer. The City of Arlington may be served by serving its Mayor, Clerk, Secretary or Treasurer, who may be found at Arlington City Hall located at 101 W. Abram Street, Arlington, TX see CPRC (b) Defendant Will Johnson is the Chief of Police for the City of Arlington and is responsible for supervising and overseeing, the personnel, policies, and operations of Arlington City Jail, as well as creating and implementing the jail s policies. Defendant Johnson may be served at the Arlington Police Department, 620 W Division St., Arlington, TX or wherever he may be found The unidentified Defendant Officer, John Doe, is believed to have killed Jonathan Paul and may be served wherever he or she may be found. IV. STATE ACTION 4.01 Defendants were at all times and in all material matters herein acting under color of state law when they subjected Jonathan Paul to the wrongs and injuries hereinafter set forth. V. FACTS PARTICULAR TO PLAINTIFF'S CLAIMS 5.01 Jonathan Paul was a 42 year old male who was incarcerated in the Arlington City Jail on March 9, 2015 as a pretrial detainee. While incarcerated, it is believed that Defendants transferred Mr. Paul into isolation, allegedly because Jonathan Paul was causing a disturbance in his jail cell. At some point during the transfer and/or while in the isolation cell, the unidentified Defendant Officer or officers are believed to have used excessive and undue force by physically restraining Jonathan Paul around the neck and compressing his airways, which caused him to stop PLAINTIFF S ORIGINAL COMPLAINT PAGE 3

4 Case 4:15-cv A Document 1 Filed 05/20/15 Page 4 of 8 PageID 4 breathing. Plaintiff further believes that once it became apparent to Defendants that Jonathan Paul was unable to breathe and his life was in jeopardy due to a serious medical condition caused by the Defendants, Defendants were deliberately indifferent to Jonathan Paul s serious medical needs and they denied him life-saving medical care. Upon information and believe, the unconstitutional or inadequate policies and customs implemented at Arlington City Jail caused Jonathan Paul s injuries and deprived him of the minimally necessary medical care to have saved his life while he was incarcerated in Arlington City Jail as a pretrial detainee. Moreover, the inadequate supervision of the unknown Officer resulted in the Plaintiff s injury and death and/or was constitutionally inadequate to safeguard his rights. VI. CAUSES OF ACTION 6.01 Plaintiff re-alleges all preceding paragraphs with regard to all causes of action Pursuant to the terms of (b), et seq., Tex. Civ. Prac. & Rem. Code, Bobbie Waters has a right to bring this survival action to recover for Jonathan Paul s personal injuries, pain and suffering, mental anguish, medical expenses, lost wages, loss of earning capacity, and other damages Defendants had actual notice of the injuries and death to Jonathan Paul. All conditions precedent, if any, have occurred, been performed, or have been waived. A. FAILURE TO IMPLEMENT CONSTITUTIONALLY ADEQUATE POLICIES 6.04 On information and belief, Defendants Arlington and Johnson, with deliberate, callous, and conscious indifference to the constitutional rights of Jonathan Paul, and all other detainees in the Arlington City Jail, failed to implement policies, procedures, and practices necessary to provide constitutionally adequate protections to ensure safe, humane, and decent conditions to Jonathan Paul during his incarceration in the Arlington City Jail in violation of his PLAINTIFF S ORIGINAL COMPLAINT PAGE 4

5 Case 4:15-cv A Document 1 Filed 05/20/15 Page 5 of 8 PageID 5 constitutionally protected 4 th, 5 th & 14 th Amendment rights. B. IMPLEMENTING UNCONSTITUTIONAL POLICIES 6.05 On information and belief, Defendants Arlington and Johnson, with deliberate, callous, and conscious indifference to the constitutional rights of Jonathan Paul, and all other detainees in the Arlington City Jail, developed or permitted the continuation of unconstitutional or constitutionally deficient policies, procedures, and practices which violated Mr. Paul s rights and failed to provide a constitutionally adequate level of safety, care, and security to Jonathan Paul during his incarceration in the Arlington City Jail, in violation of constitutionally protected 4 th, 5 th & 14 th Amendment rights. C. FAILURE TO TRAIN AND SUPERVISE 6.06 On information and belief, Defendants Arlington and Johnson, acting through official policies, practices, and customs, and with deliberate, callous, and conscious indifference to the constitutional rights of Jonathan Paul, were grossly negligent or otherwise constitutionally deficient in their failure to adequately train and/or supervise their subordinates at Arlington City Jail who violated the Plaintiff s rights. D. INADEQUATE MEDICAL CARE AND FAILURE TO REMEDY A CONSTITUTIONAL VIOLATION 6.07 On information and belief, all Defendants were consciously indifferent to the constitutional rights of Jonathan Paul, by denying him minimally adequate care for his serious medical needs, and by failing to remedy the violation of his rights upon learning of the violation. E. EXCESSIVE USE OF FORCE 6.08 On information and belief, Defendant John Doe Officer, acting in accordance with official policies, practices, and customs, and with deliberate, callous, and conscious indifference to the PLAINTIFF S ORIGINAL COMPLAINT PAGE 5

6 Case 4:15-cv A Document 1 Filed 05/20/15 Page 6 of 8 PageID 6 constitutional rights of Jonathan Paul, used excessive force on Jonathan Paul, causing him severe injuries and death in violation of constitutionally protected 4 th, 5 th & 14 th Amendment rights Defendants, acting under color of law and acting pursuant to customs, practices, and policies of the City of Arlington deprived Jonathan Paul of his rights and privileges secured to him by the 4 th, 5 th, and 14 th Amendments to the United States Constitution, and by other laws of the United States, in violation of 42 U.S.C and related provisions of federal law In making the above stated actions and/or omissions, Defendants knew or should have known that they were acting against the clear dictates of current law, and knew or should have known that as a direct consequence of their deliberate decisions, the very situation that occurred - -i.e., injury and death to a prisoner - in all reasonable probability would occur Defendants, through these actions, proximately caused the deprivation of Jonathan Paul's rights to due process of law and right to be free from cruel or unusual punishment subjecting him to periods of pretrial incarceration under unduly painful, horrifying, and dangerous conditions resulting in his serious injury and death. Defendants actions were singularly, or in combination, the legal cause of injuries and damages to Jonathan Paul. VII. REQUESTED RELIEF 7.01 Bobbie Waters re-alleges paragraphs 1.01 to 6.11, inclusive, with regard to all requests for relief Bobbie Waters is entitled to recover and hereby requests the award of the following damages within the jurisdictional limits of this Court: a. Physical and mental pain and suffering; b. Reasonable burial and funeral expenses; c. Pain and suffering and mental anguish suffered by Jonathan Paul prior to his PLAINTIFF S ORIGINAL COMPLAINT PAGE 6

7 Case 4:15-cv A Document 1 Filed 05/20/15 Page 7 of 8 PageID 7 death; d. Lost wages and loss of earning capacity; and e. Past medical expenses Bobbie Waters is also entitled to recover and hereby requests the award of exemplary damages, reasonable attorneys' fees, and costs of court Pursuant to 42 U.S.C. 1988, and other applicable laws, Bobbie Waters should be awarded attorney's fees for the preparation and trial of this cause of action, and for its appeal, if required. VIII. JURY DEMAND 8.01 Bobbie Waters respectfully demands a trial by jury. IX. PRAYER 9.01 Bobbie Waters prays that Defendants be cited to appear and answer herein and that, upon final hearing, Bobbie Waters has the following relief: a. Recovery of damages consistent with the allegations of this Complaint; b. Recovery of reasonable attorney's fees for the preparation and trial of this cause of action, and for its appeal, if required; c. Recovery of costs herein expended; d. Pre-judgment interest and post-judgment interest as permitted by law; and e. Such other and further relief to which Plaintiff may be entitled at law or in equity. PLAINTIFF S ORIGINAL COMPLAINT PAGE 7

8 Case 4:15-cv A Document 1 Filed 05/20/15 Page 8 of 8 PageID 8 Respectfully submitted, THE BARTOLOMEI FIRM /s/ Luis P. Bartolomei Luis P. Bartolomei State Bar No luis@thebartolomeifirm.com Ramez F. Shamieh State Bar No ramez@thebartolomeifirm.com 3710 Rawlins Street, Suite 1420 Dallas, Texas Telephone Facsimile ATTORNEY FOR PLAINTIFF PLAINTIFF S ORIGINAL COMPLAINT PAGE 8

9 Case 4:15-cv A Document 1-1 Filed 05/20/15 Page 1 of 2 PageID 9 JS 44-TXND (Rev. 12/12) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Bobbie Waters, Individually and as Representative of the Estate of City of Arlington, Texas, Will Johnson and John Doe Officer Jonathan Paul, Deceased (b) County of Residence of First Listed Plaintiff Dallas (EXCEPT IN U.S. PLAINTIFF CASES) County of Residence of First Listed Defendant Tarrant (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Luis P. Bartolomei & Ramez F. Shamieh, The Bartolomei Firm, 3710 Rawlins St., Suite 1420, Dallas, TX II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an X in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC Withdrawal 400 State Reapportionment 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC Antitrust 140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce & Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations Student Loans 340 Marine Injury Product 480 Consumer Credit (Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/ of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters 196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice 790 Other Labor Litigation 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS Third Party 950 Constitutionality of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes 245 Tort Product Liability Accommodations 530 General 290 All Other Real Property 445 Amer. w/disabilities Death Penalty IMMIGRATION Employment Other: 462 Naturalization Application 446 Amer. w/disabilities Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an X in One Box Only) 1 Original 2 Removed from Proceeding State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): VI. CAUSE OF ACTION 42 USC 1983 and 1988 Brief description of cause: Plaintiff is suing Defendants for Relief under 42 USC 1983 VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ COMPLAINT: UNDER RULE 23, F.R.Cv.P. VIII. RELATED PENDING OR CLOSED CASE(S) (See instructions): IF ANY JUDGE DATE FOR OFFICE USE ONLY SIGNATURE OF ATTORNEY OF RECORD 05/20/2015 /s/ Luis P. Bartolomei 6 Multidistrict Litigation CHECK YES only if demanded in complaint: JURY DEMAND: Yes No DOCKET NUMBER RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

10 JS 44-TXND Reverse (Rev. 12/12) Case 4:15-cv A Document 1-1 Filed 05/20/15 Page 2 of 2 PageID 10 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c) II. III. IV. Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C and Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section When this box is checked, do not check (5) above. VI. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If a related case exists, whether pending or closed, insert the docket numbers and the corresponding judge names for such cases. A case is related to this filing if the case: 1) involves some or all of the same parties and is based on the same or a similar claim; 2) involves the same property, transaction, or event; 3) involves substantially similar issues of law and fact; and/or 4) involves the same estate in a bankruptcy appeal. Attorney Signature. Date and sign the civil cover sheet.

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