4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 1 of 9 Pg ID 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

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1 4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 1 of 9 Pg ID 1 DOMINIQUE RONDEAU, individually; UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION -v- Plaintiff, No. Hon. DETROIT PUBLIC SCHOOLS, a municipal division; FREDDY WILSON, in his individual capacity; and FLOYD JENKINS, in his individual capacity; Defendants. WOLFGANG MUELLER (P43728) Mueller Law Firm Attorneys for Plaintiff 2684 West Eleven Mile Road Berkley, MI (248) wolf@wolfmueller.com COMPLAINT AND JURY DEMAND NOW COMES the Plaintiff, DOMINIQUE RONDEAU, individually, by and through his attorneys, MUELLER LAW FIRM, by WOLFGANG MUELLER, and does hereby complain against the Defendants, FREDDY WILSON ( WILSON ), in his individual capacity; FLOYD JENKINS ( JENKINS ), in his individual capacity; and the DETROIT PUBLIC SCHOOLS ( DPS ), a municipal division of the City of Detroit, in this civil action, stating unto this Court as follows: 1. This is an action for damages brought pursuant to 42 USC 1983 and 1998, the Fourth and Fourteenth Amendments to the United States Constitution and under the statutory and common law of the State of Michigan against the above-named

2 4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 2 of 9 Pg ID 2 Defendants. Jurisdiction is founded upon 28 USC 1331 and 28 USC 1343 and upon the pendent jurisdiction of this Court to adjudicate claims arising under Michigan law. 2. Venue is proper based on the situs of the incident, which occurred in the City of Detroit. 3. That at all pertinent times Plaintiff, DOMINIQUE RONDEAU was a resident of the City of Detroit, and a citizen of the State of Michigan. 4. That the Defendants, WILSON and JENKINS, were citizens of the State of Michigan and, at all times relevant hereto, were employed as police officers for the DPS Police Department ( DPSPD ), a department of the DPS. 5. That at the time of the events alleged in this Complaint, the individual Defendants were at all times acting in their individual capacities and within the scope of their employment as police officers employed by the DPSPD, and under color of law. 6. That at all times relevant hereto, the Defendant, DPS was the employer of the individual Defendants. GENERAL ALLEGATIONS 7. On December 16, 2013, at approximately 3:15 p.m., Defendants, WILSON and JENKINS, were on assignment as police officers at East English Village High School in Detroit. 8. Defendant, WILSON, returned to his patrol car, parked outside in the front of the school, and noticed his windshield had been cracked. He immediately assumed the damage to the windshield had been caused by a snowball, as he had seen students throwing snowballs at each other in front of the school. 2

3 4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 3 of 9 Pg ID 3 9. Neither Defendant, WILSON, nor Defendant, JENKINS, saw anyone throw a snowball at their vehicle. 10. WILSON and JENKINS contacted DPS security and claimed to have reviewed security video in front of the school. They claimed they could identify Plaintiff, Dominique Rondeau, a 10 th -grade student at the school, as the perpetrator of the alleged crime of malicious destruction of property. 11. The videotape did not show anyone throwing a snowball at Defendants police car, a fact that would become painfully obvious to the Defendants and the prosecutor at Plaintiff s Juvenile Court hearing on February 26, WILSON and JENKINS were familiar with Plaintiff, an emotionallyimpaired student who transferred to East English Village High School from Turning Point School, a school for Special Needs students. WILSON and/or JENKINS had been heard referring to Plaintiff as retarded. 13. WILSON and JENKINS then drove approximately 14 blocks in their patrol car, arriving at Plaintiff s residence on Haverhill St. 14. WILSON and JENKINS knocked on the front door of Plaintiff s house. Plaintiff s brother answered the door. Plaintiff was in the kitchen. Plaintiff s brother asked Defendants why they were at the house. 15. As soon as WILSON and JENKINS saw Plaintiff, they barged into the house, without a warrant and without consent, and placed Plaintiff in handcuffs, dragging him out of the house without his shoes or a coat. Plaintiff was taken to Juvenile Detention facilities in Detroit. 3

4 4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 4 of 9 Pg ID Based upon false statements and material misrepresentations by Defendants, WILSON and JENKINS, in order to manufacture probable cause, Plaintiff was charged with malicious destruction of police property and assigned a bond of $20,000/10%, which Plaintiff s family could not pay. 17. Plaintiff remained in jail from December 16, 2013 through February 26, 2014, when a juvenile hearing was held. 18. At the hearing, both WILSON and JENKINS were called to testify. Both men were pressed by Judge Levy to identify Plaintiff as the individual who threw a snowball that struck the police car s windshield. To the chagrin and embarrassment of the prosecutor, after watching the video of several minutes, neither WILSON nor JENKINS could identify anyone who threw a snowball that struck their vehicle s windshield. 19. Judge Levy granted Plaintiff s counsel s motion to dismiss the case. 20. Due to the conduct of defendants, WILSON, JENKINS, and the DPS, as set forth below, Plaintiff, DOMINIQUE RONDEAU has suffered the following injuries and damages: A. Being wrongfully arrested in front of family members and incarcerated for a period of 72 days, including Christmas and New Year s Day; B. Severe emotional distress for the period from Dominique s arrest to the present; C. Physical manifestations of emotional distress including, but not limited to, sleeplessness, irritability, loss of appetite, headaches, and other symptoms; D. Fright, shock, indignity, humiliation and embarrassment of being wrongfully charged and jailed for a crime he did not commit; 4

5 4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 5 of 9 Pg ID 5 E. Physical injuries from being assaulted by other detainees while he was jailed; F. Many of Plaintiff s injuries and damages are likely to be permanent; G. Other damages which may be revealed through discovery. COUNT I CONSTITUTIONAL VIOLATIONS BY ALL DEFENDANTS 21. Plaintiff incorporates by reference each preceding paragraph as if fully stated herein. 22. The individual Defendants were under a legal obligation, secured by the United States Constitution, and particularly the Fourth Amendment, to refrain from unlawfully seizing and arresting DOMINIQUE RONDEAU without probable cause and entering his home for the purpose of arresting him, without an arrest warrant, without consent, and absent exigent circumstances. They were under further legal duty to refrain from making false statements or material omissions of important facts in a request for an arrest warrant, which would be relied upon by the prosecutor and magistrate judge in making probable cause determinations for an arrest warrant to be issued. 23. Defendants violated DOMINIQUE RONDEAU s constitutionally-protected rights, including his right to liberty protected by the Due Process clause of the Fourteenth Amendment to the U. S. Constitution, as well as his right to be free from unlawful detention without probable cause, guaranteed by the Fourth Amendment, by the following conduct: A. Defendants, WILSON and JENKINS, wrongfully seized and arrested DOMINIQUE RONDEAU without probable cause, and entered Plaintiff s home for the purpose of arresting DOMINIQUE 5

6 4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 6 of 9 Pg ID 6 RONDEAU, without probable cause, without consent, and absent exigent circumstances; B. Defendants, WILSON and JENKINS are liable for federal malicious prosecution, a violation of the Fourth Amendment, as they deliberately made false statements and/or material omissions in their police reports, in order to manufacture probable cause, which was lacking. Defendants further made, influenced, or participated in the decision to prosecute Plaintiff; there was a lack of probable cause for the prosecution; and, as a result of the prosecution, Plaintiff suffered a deprivation of liberty, as set forth above. C. Defendant, DPS, created policies, practices and customs, including a failure to provide adequate training to its police officers, including the individual defendants, regarding the police department s constitutional obligation to arrest an individual only with probable cause, and to refrain from entering an individual s home for the purpose of arrest, without first having an arrest warrant, or consent of the homeowner, or exigent circumstances; or to be truthful with the prosecutor in participating in the initiation of criminal charges; all of which demonstrated deliberate indifference to the constitutional rights of its citizens, and was the moving force behind the individual Defendants violations of Plaintiff's constitutional rights; D. Other acts of constitutional violations that will be discovered through the process of discovery. 24. The constitutional rights which were violated by Defendants, as set forth above, were clearly established before December 16, That as a direct and proximate result of the Defendants willful violation of DOMINIQUE RONDEAU's constitutionally protected rights, Plaintiff was detained without probable cause, charged with a crime he did not commit, and jailed, causing him to suffer the injuries and damages set forth above. WHEREFORE, Plaintiff, DOMINIQUE RONDEAU, prays for such compensatory damages as are available pursuant to federal law. Plaintiff further seeks punitive 6

7 4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 7 of 9 Pg ID 7 damages pursuant to 42 USC 1983 as to the individual Defendants, together with prejudgment interest, costs and attorney fees in an amount to be determined by the Court. COUNT II COMMON LAW MALICIOUS PROSECUTION BY DEFENDANTS, WILSON and JENKINS 26. Plaintiff incorporates by reference each preceding paragraph as if fully stated herein. 27. Defendants, WILSON and JENKINS, initiated criminal prosecution against Plaintiff in state juvenile court. 28. The criminal proceedings ultimately terminated in Plaintiff s favor with a dismissal of the charges in state court. 29. WILSON and JENKINS initiated the prosecution by deliberately stating false and misleading facts in their police reports, which were relied upon by the Wayne County Prosecutor s Office. WILSON and JENKINS showed a reckless disregard for the truth; namely, that no one could be identified on the video as having thrown a snowball that struck Defendants police vehicle. Defendants, WILSON and JENKINS, knew that disclosing the information about the video to the prosecutor would result in a finding of lack of probable cause to arrest Plaintiff, whom they had already arrested without a warrant. 30. The prosecution was undertaken without probable cause, as well as with malice, not with the intention of bringing Plaintiff to justice for having committed the alleged robbery. Defendants malice can be inferred from the lack of probable cause 7

8 4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 8 of 9 Pg ID 8 and their animosity toward Plaintiff, with whom they had previous encounters, and whom they referred to as retarded. 31. As a direct and proximate result of Defendants malicious prosecution, Plaintiff was charged with a crime he did not commit, causing him to suffer the injuries and damages set forth above. WHEREFORE, Plaintiff, DOMINIQUE RONDEAU, prays for such compensatory and exemplary damages as are available pursuant to the common-law of the State of Michigan, together with pre-judgment interest, costs and attorney fees in an amount to be determined by the Court. COUNT III COMMON LAW FALSE ARREST BY DEFENDANTS WILSON and JENKINS 32. Plaintiff incorporates by reference each preceding paragraph as if fully stated herein. 33. Defendants, WILSON and JENKINS, entered Plaintiff s home without consent or an arrest warrant, and arrested Plaintiff without probable cause. 34. As a direct and proximate result of Defendants false arrest, Plaintiff suffered the injuries and damages set forth above. WHEREFORE, Plaintiff, DOMINIQUE RONDEAU, prays for such compensatory and exemplary damages as are available pursuant to the common-law of the State of Michigan, together with pre-judgment interest, costs and attorney fees in an amount to be determined by the Court. 8

9 4:15-cv TGB-EAS Doc # 1 Filed 05/29/15 Pg 9 of 9 Pg ID 9 Dated: May 29, 2015 MUELLER LAW FIRM s/wolfgang Mueller Wolfgang Mueller (P43728) Attorneys for Plaintiff 2684 West Eleven Mile Road Berkley, MI (248) wolf@wolfmuellerlaw.com JURY DEMAND Plaintiff, DOMINIQUE RONDEAU, by and through his attorneys, MUELLER LAW FIRM, hereby demands a jury trial in this matter. MUELLER LAW FIRM s/wolfgang Mueller Wolfgang Mueller (P43728) Attorneys for Plaintiff 2684 West Eleven Mile Road Berkley, MI (248) wolf@wolfmuellerlaw.com Dated: May 29,