Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

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1 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION RAFAEL and JULIA TREVIÑO, on behalf of themselves and their three minor children, A.T., D.T., and E.T., v. Plaintiffs, THOMAS CLAYTON SCHROEDER II, STEVEN SCHROEDER, BRAD JACOBSON, DERAE A. BETTIN, TYSON D. BETTIN, BRANDI DROST, JEFF ROTH, and both A.W. STAPLES and TED HELMICH, in their individual and official capacities as police officers for the municipalities of WALL LAKE and LAKE VIEW, IOWA, No. C DEO Civil Action Defendants. FIRST AMENDED COMPLAINT This is a civil action to redress a hate crime. Plaintiffs are a migrant farm worker from South Texas, and his family. Defendants include a group of young people who kidnapped the farm worker from his apartment at night, transported him to a remote location outside Wall Lake, Iowa, and savagely beat him. Defendants also include city police and others who helped the assailants attempt to cover up the crime. 1

2 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 2 of 14 PARTIES 1. Plaintiffs Rafael and Julia Treviño are married adult Hispanic residents of Hidalgo County, Texas. They are of Mexican national origin. 2. Plaintiffs Rafael and Julia Treviño are natural parents of three minor children, A.T. (age 12), D.T. (age 11), and E.T. (age 9). Plaintiffs bring this lawsuit on behalf of themselves and their minor children. 3. The following nine Defendants are Caucasian individual adults who all reside in Sac County, Iowa: a. Thomas Clayton Schroeder II, also known as Tommy Schroeder; b. Steven Schroeder; c. Brad Jacobsen; d. DeRae A. Bettin; e. Tyson D. Bettin; f. Brandi Drost; and g. Jeff Roth. 4. Defendant A.W. Staples, also known as Lanny Staples, is employed as a police officer by the Lake View Police Department. He is sued in his official and individual capacities. Officer Staples is a Caucasian male who resides in Sac County, Iowa. 5. Defendant Ted Helmich is the Chief of Police for the Lake View Police Department. He is sued in his official and individual capacities. Chief Helmich is a Caucasian male who resides in Sac County, Iowa. 2

3 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 3 of The Lake View Police Department serves two municipal corporations: Wall Lake, Iowa and Lake View, Iowa. Both municipal corporations are Defendants because they jointly employ Chief Ted Helmich and Officer A.W. Staples as police, and are jointly and severally responsible for the official misconduct of Chief Helmich and Officer Staples. JURISDICTION 7. This Court has jurisdiction of this action pursuant to: a. 28 U.S.C (federal question); b. 28 U.S.C (diversity); and c. 28 U.S.C (supplemental jurisdiction). VENUE 8. Venue is proper in this Court pursuant to 28 U.S.C. 1391(a)(2). FACTS 9. In June 2009, a labor crew consisting of about twenty migrant farmworkers from South Texas moved into apartments near the center of Wall Lake, Iowa. 10. The crew lived in two adjacent apartment buildings, one located on West 3rd Street, and one located on Summit Street. The buildings share a back yard. 11. The crew leader was Jose Villanueva, who contracted with ConAgra Foods, Inc. to supply labor necessary to detassel corn in nearby fields for about ten weeks. 12. Most members of the crew spoke only Spanish, and the entire crew was of Hispanic race and Mexican national origin. 3

4 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 4 of Few if any other residents of Wall Lake, Iowa were of the same race or national origin as the crew. 14. By the beginning of August 2009, the crew s work was nearly done and many crew members had already returned to Texas. Only about ten members of the crew remained in Wall Lake, Iowa to finish the work. 15. Plaintiff Rafael Treviño was one of the members of the labor crew whom Jose Villanueva had selected to stay and finish the work. At all times Mr. Treviño s family had remained at their home in South Texas. A. The Kidnapping and Beating 16. On the evening of August 3, 2009, Rafael Treviño and another member of the crew went to a bar called Doc s Place two blocks away from their apartments, played pool, and then returned to their apartments. 17. After returning from the bar, Mr. Treviño ate dinner inside his apartment with several members of the crew. 18. After eating dinner, Mr. Treviño went outside to his back yard to call his wife Julia. 19. Just as Mr. Treviño sat down on a stump to dial his wife s telephone number, he saw a white pickup truck with a crew cab speed into his back yard and knock over a barbeque grill. 20. One or more Defendants listed in Paragraph 3, including without limitation Tommy Schroeder, Steven Schroeder, and Brad Jacobsen, exited the white truck, immediately grabbed Mr. Treviño, and forced him into the bed of the truck. 4

5 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 5 of One or more Defendants listed in Paragraph 3 used their knees to hold Mr. Treviño down in the pickup truck bed. 22. Tommy Schroeder then drove the white pickup truck to a remote location on the outskirts of Wall Lake, Iowa. 23. When the white truck arrived at the remote location, other vehicles were already parked there with their headlights on, and people in addition to those in the white pickup truck were present. 24. On information and belief, the group of people at the remote location included all or most of the Defendants listed in Paragraph When Tommy Schroeder stopped the truck at the remote location, one or more of the Defendants listed in Paragraph 3 dragged Mr. Treviño out of the bed of the truck by his ankles so that Mr. Treviño dropped over two feet and landed on his head and shoulders in the dirt. 26. The group, including males and females, then surrounded Mr. Treviño. 27. The group then beat Mr. Treviño, repeatedly making contact with his body by striking him with their fists and kicking him. Some people wore boots when they kicked Mr. Treviño. 28. During the beating described in the above paragraph, Mr. Treviño suffered: a. head trauma (he was repeatedly beaten unconscious); b. a broken nose; c. a broken rib; d cuts, bruises, and swelling to much of his body; and 5

6 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 6 of 14 e. blows to his genital and kidney area, resulting in urination of blood. 29. Some members of the group shouted kill him and f**king Mexican, while the group beat Mr. Treviño. 30. The group assaulted and beat Mr. Treviño because of Mr. Treviño s actual or perceived race, color, ancestry, or national origin. 31. The Defendants listed in Paragraph 3 conspired to administer the beating described above, and were motivated to do so by animus against Mr. Treviño because of his race, color, ancestry, or national origin. Nothing but a prior agreement could explain the group s presence in a remote field late at night in multiple vehicles where no legitimate activities were taking place there and then. 32. The Defendants listed in Paragraph 3 intended to cause Mr. Treviño harm, physical pain, bodily injury, and emotional distress of a serious nature. 33. The Defendants listed in Paragraph 3 intended to make and did make insulting or offensive physical contact with Mr. Treviño. 34. The Defendants listed in Paragraph 3 acted with apparent ability to execute the act of beating Mr. Treviño. 35. Mr. Treviño gave no consent to anyone to confine him, transport him to the remote location, drop him, touch him, punch him, kick him, or otherwise beat him. 36. The beating was unrelated to any sporting or educational activity. 37. As a foreseeable consequence of the beating described above, Mr. Treviño suffered serious bodily harm that has required repeated hospital treatment. 38. The beating described above foreseeably caused Mr. Treviño these damages: 6

7 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 7 of 14 a. medical bills; b. physical pain and suffering; c. mental pain and suffering; d. disfigurement; e. lost wages; f. physical impairment; g. loss of services; h. loss of consortium; and i. related expenses. 39. Mr. Treviño will suffer further damages of these types in the future. 40. As a foreseeable consequence of the beating described above, the family of Mr. Treviño, including Julia Treviño and the Treviños minor children, have suffered and will continue to suffer some of the same damages listed above. 41. The Defendants listed in Paragraph 3 conspired to direct, and directed, the beating specifically at Mr. Treviño. 42. The Defendants listed in Paragraph 3 conspired to direct, and directed, the beating of Mr. Treviño in willful and wanton disregard of the rights or safety of Mr. Treviño and his family. B. The Cover-Up 43. Tommy Schroeder decided to cover-up the beating by falsely alleging that he tackled Mr. Treviño after he caught Mr. Treviño breaking into Jeff Roth s pickup truck and stealing several specific items. 7

8 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 8 of Mr. Treviño did not break into anyone s vehicle or steal anything. 45. Chief Ted Helmich considers himself a personal friend of Tommy Schroeder and the Schroeder family. 46. Tommy Schroeder did not call the police department to report the alleged theft. Instead Tommy Schroeder called Chief Helmich at home late at night on August 3, 2009, and did so from the remote location where the beating occurred. 47. Chief Helmich instructed Tommy Schroeder to return Mr. Treviño to Doc s Place bar where Tommy Schroeder had seen Mr. Treviño play pool earlier that evening. 48. Chief Helmich then dispatched Officer A.W. Staples to the bar. 49. When Officer Staples arrived at Doc s Place bar, he went to the alley behind the bar and saw Mr. Treviño badly beaten and underneath Tommy Schroeder s pickup truck. 50. Officer Staples immediately called an ambulance and secured a lights and sirens eight-minute response from the ambulance. 51. Officer Staples then went to investigate the scene of the alleged theft, and concluded that the crime scene had been staged. 52. Even so, Officer Staples understood that Chief Helmich expected Officer Staples to charge Mr. Treviño and clear Tommy Schroeder. 53. Consequently, when Mr. Treviño told Officer Staples through a translator that he had been taken to a remote location and beaten, Officer Staples did not investigate this explanation for Mr. Treviño s obvious injuries. 8

9 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 9 of Also consequently, Officer Staples filed criminal charges against Mr. Treviño even though Officer Staples knew, or was deliberately indifferent to, these facts: a. the physical evidence was inconsistent with the charges; and b. the witness statements upon which the charges were based were not credible. 55. Iowa prosecutors dismissed all criminal charges against Mr. Treviño on January 12, Neither Officer Staples nor Chief Helmich ever charged Tommy Schroeder with a crime despite their actual knowledge of conclusive evidence that Tommy Schroeder had committed a serious crime. 57. Chief Helmich and Officer Staples at all relevant times acted under color of Iowa law, and within the scope of their duties as police officers for Wall Lake and Lake View, Iowa. 58. All Defendants knew that Officer Staples and Chief Helmich acted under color of Iowa law when they decided whether and how to conduct law enforcement activities with regard to the incidents described above. 59. Defendants, including without limitation Tommy Schroeder, DeRae Bettin, Jeff Roth, Officer Staples, and Chief Helmich, conspired to cover up Mr. Treviño s kidnapping and beating, and dissuade Mr. Treviño from seeking criminal or civil redress, by pursuing unfounded criminal charges against Mr. Treviño. 60. Chief Helmich is the final decisionmaker who is responsible for establishing law enforcement policies and procedures, training municipal law enforcement 9

10 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 10 of 14 employees, and supervising all municipal law enforcement in Wall Lake and Lake View, Iowa. 61. Chief Helmich, acting in his official capacity, established a policy, custom, practice, or usage of biased law enforcement, including the use of unfounded criminal charges and ignoring obvious criminal conduct, in ways that: a. protected the Schroeder family specifically; b. protected powerful people in the cities generally; and c. discriminated against racial and ethnic minorities. 62. Chief Helmich exhibited reckless or callous indifference to the federally protected rights of Mr. Treviño. 63. Officer Staples followed what he understood to be the policy, custom, practice, or usage expected of him by Chief Helmich when Officer Staples conducted law enforcement activities with regard to Mr. Treviño. 64. At all times Officer Staples acted pursuant to what he understood to be the policy, custom, practice, and usage expected of him in law enforcement by the Lake View Police Department. 65. Chief Helmich and Officer Staples conspired with each other and with the other Defendants to violate, and violated, Mr. Treviño s well-established constitutional rights by: a. intentionally or recklessly failing to investigate Mr. Treviño s accusation against the group who kidnapped and beat him; 10

11 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 11 of 14 b. intentionally or recklessly investigating Tommy Schroeder s accusation against Mr. Treviño to support false charges against Mr. Treviño; c. failing to withdraw criminal charges against Mr. Treviño once the officers gained actual knowledge of the falsity of the accusations made against Mr. Treviño; d. manipulating evidence to support charging Mr. Treviño with crimes; e. arresting Mr. Treviño without probable cause; f. denying Mr. Treviño meaningful access to the courts; g. using criminal process for the primary purpose of deterring Mr. Treviño from exercising his constitutional rights; and h. denying Mr. Treviño equal protection of the laws. 66. Mr. Treviño suffered injuries as a result of the unconstitutional acts of Officer Staples and Chief Helmich, including without limitation: a. injuries from the beating itself, because the decisions of Tommy Schroeder and others to beat Mr. Treviño were influenced by their expectation that municipal police would accept their version of events; b. emotional distress caused by unfounded criminal charges; and c. physical pain and exacerbation of injuries caused by arrest and pretrial detention. CAUSES OF ACTION BASED ON THE ABOVE FACTS 67. Hate Crime. The Defendants listed in Paragraph 3 conspired to commit and committed a hate crime against Plaintiff Rafael Treviño as defined in Iowa Code 11

12 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 12 of A.2 because a substantial factor in their assault and battery of Mr. Treviño was Mr. Treviño s Hispanic race, Mexican national origin, color, or ancestry, and these Defendants are therefore liable for the relief specified in Iowa Code 729A Assault. The Defendants listed in Paragraph 3 conspired to commit and committed assault against Plaintiff Rafael Treviño under Iowa law, including without limitation Iowa Code and 708.2C, and are therefore liable for relief as provided by Iowa law. 69. Battery. The Defendants listed in Paragraph 3 conspired to commit and committed battery against Plaintiff Rafael Treviño, and are therefore liable for relief as provided by Iowa law. 70. False Imprisonment. The Defendants conspired to subject and deliberately subjected Plaintiff Rafael Treviño to false imprisonment by confining him to a bounded area, and are therefore liable for relief as provided by Iowa law. 71. Malicious Prosecution. The Defendants conspired to maliciously prosecute Plaintiff Rafael Treviño for crimes that they knew he did not commit, and did so in an attempt to cover up a crime against Mr. Treviño, and they are therefore liable for relief as provided by Iowa law. 72. Abuse of Process. The Defendants conspired to subject and subjected Plaintiff Rafael Treviño to arrest, criminal charges, and prosecution primarily for an improper purpose, namely to cover up the beating described above, and are therefore liable for damages resulting from their abuse of process under Iowa law. 12

13 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 13 of Civil Rights. Acting under color of Iowa law, Officer Staples and Chief Helmich, in their individual and official capacities, violated and conspired with other Defendants to violate Plaintiff Treviño s rights under the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution. All conspirators are therefore individually liable for the damages so caused under 42 U.S.C Civil Rights Conspiracy. The Defendants conspired to deprive Plaintiff Rafael Treviño of equal protection of the laws and acted in furtherance of the object of the conspiracy, which caused Plaintiff to be injured in his person and property, and are therefore liable for damages under 42 U.S.C. 1985(3). JURY Plaintiffs respectfully demand a jury trial. PRAYER WHEREFORE, Plaintiffs pray the Court to enter judgment against Defendants as follows: a. for compensatory damages against all Defendants found liable for one or more causes of action above, jointly and severally in an amount that is fair as shown by the evidence; b. for punitive damages in an amount that is fair as shown by the evidence and in accord with federal and Iowa law, including Iowa Code 668A.1 (Plaintiffs do not seek punitive damages against Lake View or Wall Lake, Iowa); c. for the costs incurred to pursue this litigation, including reasonable attorney fees; 13

14 Case 5:11-cv DEO Document 11-1 Filed 07/12/11 Page 14 of 14 d. for interest on the total judgment from the date of suit until paid; e. for injunctive relief as needed to ensure that municipal police respect the constitutional rights of all people in Wall Lake and Lake View, Iowa; and f. for all further legal and equitable relief that the Court deems just. Respectfully submitted, July 12, 2011 Jerome Wesevich Marinda van Dalen Texas RioGrande Legal Aid 531 East Saint Francis Street Brownsville, Texas (956) Patricia M. Hulting Law Office of Patricia Hulting 2649 Beaver Avenue Des Moines, Iowa (515) Attorneys for Plaintiffs CERTIFICATE OF SERVICE I certify that on the date stated next to my signature above I provided a true and correct copy of the foregoing document with all referenced attachments to counsel of record for all defendants by as follows: DReinschmidt@mrdlaw.net David L. Reinschmidt Munger, Reinschmidt & Denne, L.L.P. 600 Fourth Street, 303 Terra Centre Sioux City, Iowa Jerome Wesevich 14