Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

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1 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA JEAN PAVLOV, individually and as Personal Representative of the Estate of MATTHEW POLLOW, deceased, for the benefit of Jean Pavlov, surviving parent, and the Estate of MATTHEW POLLOW, Plaintiff, Civil Action No. v. RIC L. BRADSHAW, in his official capacity as Sheriff of Palm Beach County, Florida; and Deputy EVAN ROSENTHAL, in his individual capacity, Defendants. / COMPLAINT Plaintiff, JEAN PAVLOV, individually and as Personal Representative of the Estate of MATTHEW POLLOW, for the benefit of Jean Pavlov, surviving parent, and the Estate of MATTHEW POLLOW, hereby sues RIC L. BRADSHAW, in his official capacity as Sheriff of Palm Beach County, Florida; and Deputy EVAN ROSENTHAL, in his individual capacity, and as grounds therefore alleges as follows: I. PARTIES 1. Plaintiff, JEAN PAVLOV, is the sole surviving parent of Matthew Pollow, deceased, and is duly appointed as the Personal Representative of Matthew Pollow s Estate. (Letter of Administration is attached hereto as Exhibit A. ) 2. The potential beneficiaries of the Estate of Matthew Pollow in this action and the relationship of each to the decedent are as follows: a. Jean Pavlov, surviving parent; and

2 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 2 of 16 b. Estate of Matthew Pollow. Page 2 3. At all times relevant hereto, and at the time of his death on April 2, 2014, Matthew Pollow, deceased, was a citizen of the United States and a resident of the City of Boca Raton, the County of Palm Beach, and the State of Florida. 4. At all times relevant hereto, and at the time of her son s death on April 2, 2014, Plaintiff, JEAN PAVLOV, Personal Representative of the Estate of Matthew Pollow, was a citizen of the United States and a resident of the City of Boca Raton, the County of Palm Beach, and the State of Florida. 5. At all times relevant hereto, Defendant, RIC L. BRADSHAW, was the Sheriff of, and a resident of, Palm Beach County, Florida, a political subdivision of the State of Florida. 6. At all times relevant hereto, Defendant, Deputy EVAN ROSENTHAL, was a police officer employed by the Palm Beach County Sheriff and was a resident of Palm Beach County, Florida. 7. At all times relevant hereto, Defendant, Deputy EVAN ROSENTHAL, was acting within his scope of employment as a deputy employed by the Palm Beach County Sheriff and was acting under color of state law, ordinance, and/or regulation. II. JURISDICTION AND VENUE 8. This is a civil action arising out of the wrongful death of Matthew Pollow and asserting causes of action against Defendants for wrongful death and violations of Matthew Pollow s civil rights under the United States Constitution, specifically the Fourth and Fourteenth Amendments thereto; violations of 42 U.S.C. 1983, 1988; and violations of Florida Statutes and common law, as well as negligent infliction of emotional distress in violation of Florida law.

3 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 3 of 16 Page 3 9. This action seeks monetary damages against Defendants in excess of $75,000.00, exclusive of interest, attorney s fees and costs claim. 10. This Court has original jurisdiction pursuant to 28 U.S.C over Plaintiff s 11. This Court has supplemental jurisdiction over Plaintiff s state claims under 28 U.S.C because these claims are so related to Plaintiff s 1983 claims that they form part of the same case or controversy. 12. On June 11, 2014, Plaintiff provided notice of her claims pursuant to section , Florida Statutes, to Sheriff Ric Bradshaw and the Florida Department of Financial Services. waived. 13. All conditions precedent to the filing of this action have either been performed or III. FACTUAL ALLEGATIONS 14. On information and belief, on April 2, 2014, at approximately 9:10 p.m., Matthew Pollow ( Matthew ), placed a 911 call from his mother, Jean Pavlov s cellular phone. At the time he placed this call, Matthew was in the parking lot of his mother s residential apartment complex, located at Camino Del Mar, Boca Raton, Florida. 15. Matthew was not feeling well, and wanted to be examined by licensed mental health physicians. As it was late at night and past normal business hours for licensed mental health physicians, Matthew placed the 911 call in order to obtain help that evening. 16. Matthew spoke with the dispatch operator from the Palm Beach County Sheriff s Office for approximately nine (9) minutes. During that call Matthew gave the dispatch operator

4 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 4 of 16 Page 4 his location and explained that he wanted to Baker Act himself. Matthew ended the call and returned the phone to Plaintiff, Jean Pavlov. Both Matthew and Jean Pavlov remained in the parking lot. 17. At approximately 9:32 p.m., Jean Pavlov received a call on her cell phone, but the identity of the caller was blocked or otherwise unknown. 18. Unbeknownst to Jean Pavlov at the time, the 9:32 p.m. phone call was from a Palm Beach County Sheriff s Office dispatch operator, who refused to identify herself. 19. Jean Pavlov identified herself as Matthew s mother, but did not reveal her name because she was unaware of the identity of the caller. 20. The dispatch operator, after not receiving a satisfactory response from Jean Pavlov regarding her name, then said so you re playing sick games like your son you ll see when the Sheriff gets there, and terminated the call. 21. Within a short period of time, two Palm Beach County Sheriff s Office vehicles arrived, speeding through the front gates of the apartment complex. 22. The Deputies who were operating these vehicles, parked in the parking lot of the apartment complex. One of the Deputies utilized the spot light located on the exterior of his vehicle to shed a bright light on Matthew, who was standing peacefully outside of Jean Pavlov s vehicle. Matthew was more than sufficiently illuminated for people to see him. 23. Matthew was not violent, was not committing any crimes, nor accused of committing any crimes, lawfully in a place he had the right to be, and was not presenting a danger to himself or others. Matthew did not have any weapons in his possession. He was a slender, well groomed young man weighing approximately 180 pounds.

5 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 5 of 16 Page Matthew, as the responsible caller to 911 seeking help for himself, calmly walked toward one of the Palm Beach County Sheriff s Office vehicles, while displaying his empty hands. Therefore, Defendant Rosenthal knew that Matthew was unarmed. 25. Matthew identified himself by name, and stated he was the person who called 911. At no point in time was Matthew even remotely within reach of any of the Deputies, and therefore posed no harm to members of law enforcement who were present. 26. Without placing Matthew under arrest, without reading him his Miranda rights, without giving any verbal warnings, commands, or instructions, and without utilizing any nonlethal methods, Defendant Rosenthal, who was positioned approximately thirty (30) feet behind Matthew, unexplainably aimed his department issued firearm at Matthew, and fired several shots, striking Matthew at least three (3) times in his back and killing him. 27. Defendant Rosenthal used excessive force without justification to shoot and kill Matthew, despite the fact that Matthew had broken no laws, had not been placed under arrest, was in a place he was legally permitted to be, and was unarmed. 28. At the time Defendant Rosenthal shot and killed Matthew, Defendant Rosenthal had in his possession and on his person at least two (2) non-lethal weapons, to wit: pepper spray and a taser, neither of which were utilized at any point in time on the night of the subject incident. 29. As a result of the gunshot wounds, Matthew was pronounced dead at approximately 9:50 p.m. The Death Certificate lists homicide as the probable manner of death, with the cause of death attributed to multiple gunshot wounds to the back.

6 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 6 of 16 Page Crime Scene Investigators and other members, employees, and/or agents of the Palm Beach County Sheriff s Office subsequently arrived on scene in order to conduct an investigation. 31. On information and belief, these members, employees, and/or agents of the Palm Beach County Sheriff s Office picked up Matthew s body, placed it on a stretcher, and relocated Matthew s body to a position in closer proximity to one of the Deputies vehicle, in an attempt to compromise the crime scene. 32. In committing the acts alleged in the preceding paragraphs, Defendant Rosenthal, Crime Scene Investigators, and their support staff were members of, and acting as agents and employees of the Palm Beach County Sheriff s Office, and were acting at all relevant times within the course and scope of his employment and under color of law. 33. At all times relevant hereto, Matthew Pollow was unarmed and posed no threat of substantial harm to Defendant Rosenthal, to any law enforcement officers who were present at the scene, or to the public. COUNT I-VIOLATION OF 42 USC 1983 (POLICY, CUSTOM, OR USAGE OF PALM BEACH COUNTY SHERIFF) 34. Plaintiff hereby repeats and incorporates the allegations contained in paragraphs 1 through 33 as if fully stated herein. 35. This is an action for damages against Defendant Ric L. Bradshaw, in his official capacity as the Sheriff of Palm Beach County, for the deprivation of Matthew Pollow s Fourth and Fourteenth Amendment rights in violation of 42 USC 1983.

7 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 7 of 16 Page At all times material hereto, the employees, agents and/or officers of Sheriff Bradshaw, including Defendant Rosenthal, were acting under the color of state law and pursuant to the policy, custom and/or usage of the Palm Beach County Sheriff. 37. The Palm Beach County Sheriff created and allowed a policy, custom or usage whereby its police officers detained individuals without probable cause, and used excessive force when doing so. 38. The Palm Beach County Sheriff created and allowed a policy, custom or usage whereby it failed to adequately supervise, discipline and train his employees, agents and officers, including Defendant Rosenthal, in the appropriate use of force. 39. The Palm Beach County Sheriff, through its policy, custom or usage, also hired officers who were substandard and who were not properly trained and disciplined, including Defendant Rosenthal who lacked sufficient defensive tactics training on the proper use of firearms, communication skills, and decision making skills. 40. The Palm Beach County Sheriff ratified the misconduct of Defendant Rosenthal against Matthew Pollow including the use of excessive force, by failing to discipline Defendant Rosenthal; failing to conduct an adequate shooting investigation; and/or covering up Defendant Rosenthal s misconduct. 41. The failure of the Palm Beach County Sheriff to: properly supervise officers; properly discipline officers; properly train officers; properly hire and retain officers; and/or prevent the use of excessive force during detentions or encounters, constitutes deliberate indifference, willful conduct, and knowing conduct towards the public in general and specifically towards Matthew Pollow.

8 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 8 of 16 Page The employees, agents and officers of the Palm Beach County Sheriff, including Defendant Rosenthal, through their above-described actions, deprived Matthew Pollow of his rights, privileges and immunities secured by the Fourth Amendment of the Constitution of the United States including the right to be secure in their persons against unreasonable seizures including the use of excessive force. 43. As a direct and proximate foreseeable result of the Fourth Amendment violations and misconduct of the employees, agents and police officers of the Palm Beach County Sheriff, as set forth herein, Matthew Pollow suffered injuries that caused his death. 44. The employees, agents and police officers of the Palm Beach County Sheriff, through the actions described above, deprived Matthew Pollow of his rights, privileges and immunities secured by the Fourteenth Amendment of the Constitution of the United States, including the right to liberty, the right to substantive and procedural due process, the right to be free from unlawful detention and imprisonment, the right to be free from unlawful seizure, and those fundamental rights of due process, liberty and life as guaranteed by the Constitution. 45. As a direct, proximate and foreseeable result of the Fourteenth Amendment violations and misconduct of the employees, agents and police officers of the Palm Beach County Sheriff, as set forth above, Matthew Pollow suffered injuries that caused his death. 46. As a direct and proximate result of the above-mentioned violations of Matthew Pollow s constitutional rights in accordance with the policy, custom or usage of the Palm Beach County Sheriff, Matthew Pollow suffered physical injury, pain, suffering, emotional distress, disability and death.

9 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 9 of 16 Page As a result of Matthew Pollow s injury and death, Plaintiff is entitled to recover all damages allowable for violation of 42 USC 1983 including compensatory damages, all costs incurred in prosecuting this action and attorney s fees pursuant to 42 USC WHEREFORE, Plaintiff Jean Pavlov, as Personal Representative of the Estate of Matthew Pollow, deceased, for the benefit of his Estate and his statutory survivors, demands judgment for damages against the Defendant, Ric L. Bradhsaw in his official capacity as the Sheriff of Palm Beach County, Florida, for the constitutional violations, civil rights violations, and acts and omissions as set forth herein and for all damages allowed by law including compensatory damages, costs and attorney s fees and further demands trial by jury on all issues so triable. COUNT II VIOLATION OF 42 U.S.C AGAINST DEFENDANT ROSENTHAL 48. Plaintiff repeats and incorporates the allegations contained in paragraphs 1 through 33 as if fully stated herein. 49. This is an action for damages against Defendant Deputy Evan Rosenthal for the deprivation of Matthew Pollow s Fourth and Fourteenth Amendment rights in violation of 42 USC At all times material hereto, Defendant Rosenthal was acting under the color of state law and pursuant to the policy, custom and/or usage of the Palm Beach County Sheriff. 51. Defendant Rosenthal, through the actions described above, deprived Matthew Pollow of his rights, privileges and immunities secured by the Fourth Amendment of the Constitution of the United States including the right to be free from unreasonable seizures and excessive force against his person.

10 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 10 of 16 Page As a direct and proximate foreseeable result of the violations of the Fourth Amendment and the misconduct of Defendant Rosenthal, as set forth above, Matthew Pollow suffered injuries that caused his death. 53. Defendant Rosenthal, through the actions described above, deprived Matthew Pollow of his rights, privileges and immunities secured by the Fourteenth Amendment of the Constitution of the United States, including the right to liberty, the right to substantive and procedural due process, the right to be free from unlawful detention and imprisonment, the right to be free from unlawful seizure, and those fundamental rights of due process, liberty and life as guaranteed by the Constitution. 54. As a direct and proximate foreseeable result of the violations of the Fourteenth Amendment and the misconduct of Defendant Rosenthal, as set forth above, Mathew Pollow suffered injuries that caused his death. 55. As a direct and proximate result of the above-mentioned violations of Matthew Pollow s constitutional rights, Matthew Pollow suffered physical injury, pain, suffering, emotional distress, disability and death. 56. As a result of Matthew Pollow s injury and death, Plaintiff is entitled to recover all damages allowable for violation of 42 USC 1983 including compensatory damages, all costs incurred in prosecuting this action and attorney s fees pursuant to 42 USC Plaintiff is also seeking punitive damages against Defendant Rosenthal because the conduct set forth above constitutes deliberate indifference, willful conduct, and intentional conduct towards the public in general and specifically Matthew Pollow and this conduct caused injuries resulting in his death.

11 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 11 of 16 Page 11 WHEREFORE, Plaintiff Jean Pavlov, as Personal Representative of the Estate of Matthew Pollow, deceased, for the benefit of his Estate and his statutory survivors, demands judgment for damages against the Defendant, Evan Rosenthal, whose constitutional violations, civil rights violations, misconduct, and acts and omissions as set forth herein and for all damages allowed by law including compensatory damages, punitive damages, costs and attorney s fees and further demands trial by jury on all issues so triable. COUNT III WRONGFUL DEATH ACTION PURSUANT TO , FLORIDA STATUTES, AGAINST PALM BEACH COUNTY SHERIFF 58. Plaintiff repeats and incorporates the allegations contained in paragraphs 1 through 33 as if fully stated herein. 59. This is an action for damages against Defendant Ric L. Bradshaw in his official capacity as the Sheriff of Palm Beach County, Florida, for the wrongful death of Matthew Pollow. 60. As a direct and proximate result of the negligent or intentional misconduct of Defendant Rosenthal described above, including the use of excessive force, Matthew Pollow suffered fatal injuries. 61. The Defendant Palm Beach County Sheriff is vicariously liable for the negligent or intentional misconduct of Defendant Rosenthal, its employee, agent, and/or police officer. 62. As a direct and proximate result of the negligent or intentional misconduct of Defendant Rosenthal, Matthew Pollow died, and Defendant, Ric L. Bradshaw, in his official capacity as the Sheriff of Marion County, is responsible for his death and damages as set forth below:

12 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 12 of 16 Page 12 a. Jean Pavlov, surviving parent of Matthew Pollow, has suffered and will continue to suffer the loss of her son s support and services and companionship, and has experienced mental pain and suffering in the past and will continue to suffer such pain in the future; b. The Estate of Matthew Pollow has lost prospective net accumulations and has incurred medical and funeral expenses due to Matthew Pollow s injury and death. WHEREFORE, Plaintiff Jean Pavlov, as Personal Representative of the Estate of Matthew Pollow, deceased, for the benefit of his Estate and his statutory survivors, demands judgment for damages against the Defendant Ric L. Bradshaw, in his official capacity as the Sheriff of Palm Beach County, for all damages allowed by law including compensatory damages and costs, and further demands trial by jury on all issues so triable. COUNT IV WRONGFUL DEATH ACTION PURSUANT TO , FLORIDA STATUTES, AGAINST DEFENDANT ROSENTHAL 63. Plaintiff repeats and incorporates the allegations contained in paragraphs 1 through 33 as if fully stated herein. 64. This is an action for damages against Defendant Rosenthal for the wrongful death of Matthew Pollow. 65. At all times material hereto, Defendant Rosenthal was acting under color of State law and under color of his authority as a police officer. 66. As a direct and proximate result of the misconduct of Defendant Rosenthal, as described above, Matthew Pollow suffered fatal injuries. 67. Defendant Rosenthal s misconduct was committed in bad faith or with malicious

13 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 13 of 16 Page 13 purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 68. As a direct and proximate result of the misconduct of Defendant Rosenthal, Matthew Pollow died, and Defendant Rosenthal is responsible for his death and damages as set forth below: a. Jean Pavlov, surviving parent of Matthew Pollow, has suffered and will continue to suffer the loss of her son s support and services and companionship, and has experienced mental pain and suffering in the past and will continue to suffer such pain in the future; b. The Estate of Matthew Pollow has lost prospective net accumulations and has incurred medical and funeral expenses due to Matthew Pollow s injury and death. 69. Plaintiff is also seeking punitive damages against Defendant Rosenthal because the conduct set forth above constitutes deliberate indifference, willful conduct, and intentional conduct towards the public in general and specifically Matthew Pollow and this conduct caused injuries resulting in his death. WHEREFORE, Plaintiff Jean Pavlov, as Personal Representative of the Estate of Matthew Pollow, deceased, for the benefit of his Estate and his statutory survivors, demands judgment for damages against the Defendant Evan Rosenthal, for all damages allowed by law including compensatory damages, punitive damages, and costs, and further demands trial by jury on all issues so triable.

14 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 14 of 16 COUNT V NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AGAINST DEFENDANT ROSENTHAL Page Plaintiff repeats and incorporates the allegations contained in paragraphs 1 through 33 as if fully stated herein. 71. This is an action for negligent infliction of emotional distress brought by Plaintiff Pavlov in her individual capacity against Defendant Rosenthal. 72. Plaintiff Pavlov is the biological mother of Matthew Pollow. 73. Plaintiff Pavlov, who was nearby at the time while waiting with her son for the police to arrive in response to his telephone call to 911, witnessed Defendant Rosenthal negligently shoot and/or kill her son Matthew Pollow. 74. As a direct and proximate cause of the actions of Defendant Rosenthal, Plaintiff Pavlov has suffered psychological trauma, resulting in physical injury, as well as pain, suffering, and emotional distress. 75. When shooting and killing Matthew Pollow, Defendant Rosenthal acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 76. Plaintiff is also seeking punitive damages against Defendant Rosenthal because the conduct of Defendant Rosenthal in shooting and killing Matthew Pollow without cause or provocation amounts to gross negligence in that the conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of Matthew Pollow.

15 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 15 of 16 Page 15 WHEREFORE, Plaintiff Jean Pavlov, individually, demands judgment for damages against the Defendant, Evan Rosenthal, for compensatory damages, punitive damages, and costs, and further demands trial by jury on all issues so triable. COUNT VI NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AGAINST PALM BEACH COUNTY SHERIFF 77. Plaintiff repeats and incorporates the allegations contained in paragraphs 1 through 33 as if fully stated herein. 78. This is an action for negligent infliction of emotional distress brought by Plaintiff Pavlov in her individual capacity against Defendant Ric L. Bradshaw, in his official capacity as Sheriff of Palm Beach County. 79. Plaintiff Pavlov is the biological mother of Matthew Pollow. 80. Plaintiff Pavlov, who was nearby at the time while waiting with her son for the police to arrive in response to his telephone call to 911, witnessed Defendant Rosenthal negligently shoot and/or kill her son Matthew Pollow. 81. As a direct and proximate cause of the actions of Defendant Rosenthal, Plaintiff Pavlov has suffered psychological trauma, resulting in physical injury, as well as pain, suffering, and emotional distress. 82. The Defendant Palm Beach County Sheriff is vicariously liable for the negligent conduct of Defendant Rosenthal, its employee, agent, and/or police officer. WHEREFORE, Plaintiff Jean Pavlov, individually, demands judgment for damages against the Defendant, Ric L. Bradshaw, in his official capacity as Sheriff for Palm Beach County, for

16 Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 16 of 16 Page 16 compensatory damages and costs, and further demands trial by jury on all issues so triable. Respectfully submitted, /s/ Theodore J. Leopold THEODORE J. LEOPOLD, ESQ. Florida Bar No.: tleopold@cohenmilstein.com ADAM J. LANGINO, ESQ. Florida Bar No.: alangino@cohenmilstein.com NICHOLAS C. JOHNSON, ESQ. Florida Bar No.: njohnson@cohenmilstein.com 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL (561)