Case 3:12-cv Document 1 Filed 11/15/12 Page 1 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 1 of 17 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA LASHONN WHITE, Plaintiff, vs. No. COMPLAINT CITY OF TACOMA, RYAN KOSKOVICH, MICHAEL YOUNG, MICHAEL LIM, CAROL KRANCICH, PIERCE COUNTY, JOHN AND/OR JANE DOE, NUMBERS 1 THROUGH 10, Defendants. The PLAINTIFF alleges as follows: I. INTRODUCTION LaShonn White was the victim of an assault in her own home. She called Tacoma Police for help; instead, she was tasered and humiliated. The Tacoma Police Department failed to provide basic accommodation for Ms. White s deafness, used unreasonable force against her, denied her medical care, and wrongfully arrested her without probable cause. COMPLAINT - Page 1 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 2 of 17 Following Ms. White s wrongful arrest, the Pierce County Jail denied Ms. White access to effective communication and denied her adequate medical care. Ms. White was unnecessarily and wrongfully imprisoned for nearly three days. The outrageous and discriminatory conduct of the defendants caused Ms. White physical pain and suffering, loss of her freedom, and severe emotional distress. II. PARTIES 1. LaShonn White is the Plaintiff in this action. She is a resident of Pierce County, Washington. 2. Defendant City of Tacoma is a government entity located in this judicial district, functioning under the laws of the State of Washington. It employs the officers of the Tacoma Police Department, including the officers who were involved in the events giving rise to these claims. 3. Pursuant to RCW 4.96, the Plaintiff has served the City of Tacoma with a claim for damages. 4. More than 60 days have elapsed since the Plaintiff s claim for damages was served on the City of Tacoma. 5. Plaintiff, therefore, has properly exhausted her claims against the City of Tacoma. 6. Defendant Ryan Koskovich was an Officer of the Tacoma Police Department at the time of the events giving rise to this claim. On information and belief, Defendant Koskovich is a resident of this judicial district. COMPLAINT - Page 2 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 3 of 17 7. Defendant Michael Young was an Officer of the Tacoma Police Department at the time of the events giving rise to this claim. On information and belief, Defendant Young is a resident of this judicial district. 8. Defendant Michael Lim was a Sergeant of the Tacoma Police Department at the time of the events giving rise to this claim. On information and belief, Defendant Lim is a resident of this judicial district. 9. Defendant Carol Krancich was a Sergeant of the Tacoma Police Department at the time of the events giving rise to this claim. On information and belief, Defendant Krancich is a resident of this judicial district. 10. Defendant Pierce County is a government entity located in this judicial district, functioning under the laws of the State of Washington. It employs the staff of the Pierce County Detention and Corrections Center ( Pierce County Jail or Jail ), including the staff members who were involved in the events giving rise to these claims. 11. Pursuant to RCW 4.96, the Plaintiff has served Pierce County with a claim for damages. 12. More than 60 days have elapsed since the Plaintiff s claim for damages was served on Pierce County. 13. Plaintiff, therefore, has properly exhausted her claims against Pierce County. 14. Defendants Jane or John Does 1-10 were staff members of the Pierce County Jail during Ms. White s incarceration, who failed to provide Ms. White with an adequate means of communication or adequate medical care. They are believed to be residents of this judicial district. COMPLAINT - Page 3 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 4 of 17 III. JURISDICTION AND VENUE 1. This action is brought pursuant to 42 U.S.C. 1983; 42 U.S.C. 12132; 28 U.S.C. 794; and various state statutes and common law claims. 2. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. 1331, 1332, 1343, and 1367. 3. Venue is properly set within this district pursuant to 28 U.S.C. 1391. 4. The events upon which this suit is based occurred in this judicial district. 5. Plaintiff is informed and believes, and on that basis alleges, that each of the named defendants resides in this judicial district. IV. OPERATIVE FACTS 1. On April 6, 2012, Ms. White was the victim of an assault. 2. Because Ms. White was born Deaf and does not speak, she used a video sign-language interpreter service to call 911 for help. 3. Through the interpreter, Ms. White gave the dispatcher the name and description of the woman who assaulted her, Sophia Johnson. 4. This information was recorded in the computer aided dispatch log for responding officers. 5. Eventually, Officers Young and Koskovich responded. Outside the building, they encountered Sophia Johnson, the woman who had assaulted Ms. White. 6. Ms. Johnson matched the description given by Ms. White of her attacker. 7. Because Ms. White lives in a secure building, Officers Young and Koskovich were not able to get inside. COMPLAINT - Page 4 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 5 of 17 8. At the request of Officers Young and Koskovich, the 911 dispatcher instructed her to walk out of her apartment to meet the officers at the main door. 9. Ms. White complied, hurrying to meet the officers and waving to them. 10. Despite having been informed that Ms. White was the one who called for help and that she is Deaf, the officers attempted to use only verbal commands to tell Ms. White to stop and stay away from them. 11. Almost immediately, Officer Koskovich escalated by shooting Ms. White with a taser. 12. Because of the tasing, Ms. White to fell and suffered additional injuries before even getting within arm s reach of the officers and Ms. Johnson. 13. The officers then handcuffed Ms. White s hands behind her back, depriving her of her only method of communication. 14. Officer Koskovich s use of a taser on Ms. White violated the written use of force policy of the Tacoma Police Department. 15. As soon as she was able, Ms. White wrote a request for an American Sign Language (ASL) interpreter. 16. Written communication was difficult for Ms. White under the circumstances, because her hands were bleeding all over the paper she was using. 17. Staff of the Tacoma Fire Department (TFD) arrived on the scene after Ms. White had been tasered and suffered abrasions from her fall to the pavement. 18. Officers Young and Koskovich instructed TFD staff to treat Ms. Johnson instead of Ms. White, and did not permit them to treat Ms. White. COMPLAINT - Page 5 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 6 of 17 19. Tacoma Police Sergeant Michael Lim arrived at the scene after Ms. White was handcuffed, presumably to review the use of force against her by Officers Young and Koskovich. 20. Ms. White again asked for a qualified ASL interpreter. 21. Sergeant Lim did not arrange for a qualified interpreter and made no genuine effort to even communicate with Ms. White 22. Sergeant Lim simply accepted at face value the officers story justifying their tasing and arrest of Ms. White. 23. Tacoma Police Sergeant Carol Krancich arrived at the scene after Ms. White was handcuffed, purportedly to assist the other officers in conducting an interview of Ms. White. 24. Sergeant Krancich is not a qualified ASL interpreter and was unable to communicate with Ms. White. 25. At no point did any of Sergeant Lim, Sergeant Krancich, Officer Young or Officer Koskovich provide Ms. White with a qualified or effective sign language interpreter. 26. Ms. White did not understand what they were trying to communicate to her in the absence of such an interpreter, nor was she able to effectively communicate to them. 27. Despite the fact that Ms. White was the victim of the crime they had been dispatched to investigate, Officers Young and Koskovich booked her into jail and tried to have her charged with assault and obstruction. 28. Officers Young and Koskovich made the choice to arrest and incarcerate Ms. White, rather than Ms. Johnson, because Ms. White did not hear their instructions to stop. 29. At no point did either Sergeant Lim, Sergeant Krancich or the two officers run a background check of Ms. Johnson. COMPLAINT - Page 6 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 7 of 17 30. Such a background check would have revealed that Pierce County Superior Court had issued a warrant for Ms. Johnson s arrest. 31. The bench warrant stemmed from a criminal assault prosecution against Ms. Johnson. 32. In that assault prosecution, Ms. Johnson was accused of strangling her own mother--similar to the assault she committed against Ms. White. 33. Given Ms. White s visible injuries to her neck, information about Ms. Johsnon s other recent assault would have corroborated Ms. White s complaint. 34. After their arrest of Ms. White without probable cause, Defendants Koskovich and Young booked Ms. White into the Pierce County Jail. 35. In doing so, Defendants Koskovich and Young were following written policy of the Tacoma Police Department that mandates a custodial arrest of any person against whom an officer uses physical force. 36. Officers Koskovich and Young submitted a statement in support of criminal charges including criminal assault and obstructing against Ms. White. In the document, the officers omitted any mention of several material facts, and included several false statements of material facts. 37. On her arrival at the jail, Ms. White was known to be Deaf and unable to speak. 38. Despite knowing that Ms. White was Deaf, Jail staff never provided Ms. White with a qualified ASL interpreter. 39. The Jail also failed to provide a functional video/audio communication service (TTY), or any other functional assistive communication device. COMPLAINT - Page 7 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 8 of 17 40. Jail records show that Ms. White repeatedly attempted to use a broken TTY machine at the Jail but was unable to communicate with anyone. 41. Brazenly, the Jail attempted to bill her to use their broken TTY device. 42. Because Ms. White was never provided with an interpreter after her arrival at the jail, no one ever properly explained to her the process to post the modest bail that would have secured her release. 43. Because Ms. White had never been to jail before, she did not know how to arrange for bail, or even if it was possible to do so in her case. 44. When Ms. White arrived at the jail, she had injuries sustained when she was tasered by Tacoma Police. 45. These injuries were noted on her medical screening form, as well as multiple other chronic problems. 46. Due to the lack of a qualified interpreter, Ms. White was never able to describe the symptoms she was experiencing from her chronic medical conditions. 47. As a result of the inability to communicate, she did not receive adequate care. 48. On April 7, 2012 at 8:00 A.M., a Jail employee visited Ms. White. 49. Crassly, despite the knowing that Ms. White is Deaf and cannot speak, the Jail employee recorded that Ms. White was voicing no complaints at this time. 50. The Jail staff did not give Ms. White the opportunity to communicate in writing or provide an interpreter. 51. Ms. White was not seen again by medical staff for 24 hours. 52. On April 8, 2012 at 8:00 A.M., jail medical staff saw Ms. White. COMPLAINT - Page 8 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 9 of 17 53. Again, Jail staff failed to give Ms. White any means of effective communication, either by writing or through an interpreter. 54. During the meeting with jail medical staff on April 8, 2012, Ms. White used gestures and vocalizations to indicate that she was experiencing pain and swelling in her right hand. 55. Ms. White was apparently scheduled for an urgent [appointment] for follow-up. 56. Ms. White was finally released from custody in the afternoon of April 9, 2012, before the scheduled appointment. 57. On April 9, 2012, the Tacoma City Attorney s office formally declined to file charges against Ms. White. 58. Ms. White was released hours later that afternoon. 59. Jail staff never explained, through a qualified interpreter or by any other means, how or why she was being released, leaving her to wonder if she would be arrested again at any time. 60. Ms. White was released because the Tacoma City Attorney s refused to file the baseless charges pursued by Defendants Young and Koskovich. 61. Due to the inadequate care she received in the Pierce County Jail, Ms. White suffered infections in the wounds from her arrest. 62. She now has scars from those wounds. 63. Due to her continued incarceration, lack of adequate medical care, and the Jail s failure to provide an interpreter, Ms. White experience physical pain and suffering as well as extreme emotional distress. COMPLAINT - Page 9 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 10 of 17 V. CAUSES OF ACTION A. EXCESSIVE USE OF FORCE PURSUANT TO 42 U.S.C. 1983 AGAINST DEFENDANT KOSKOVICH 1. In committing the acts of complained of, Defendant Koskovich acted under color of state law with deliberate indifference to deprive Plaintiff of her constitutionally protected rights to be free from the excessive use of force. 2. The actions of Defendant Koskovich were the direct and proximate cause of damages to Ms. White as alleged in this Complaint. B. MUNICIPAL LIABILITY CLAIM PURSUANT TO 42 U.S.C. 1983 AGAINST DEFENDANT CITY OF TACOMA: FAILURE TO TRAIN 1. Tacoma Police Officers Young and Koskovich, acting under color of state law with deliberate indifference, deprived the Plaintiff of her rights to be free from excessive force and wrongful arrest; 2. The City of Tacoma s training policies were not adequate to train its police officers to handle the usual and recurring situations with which they must deal; 3. The City of Tacoma was deliberately indifferent to the obvious and foreseeable consequences of its failure to train its police officers adequately; and 4. The failure of the City of Tacoma to provide adequate training caused the deprivation of the Plaintiff s rights by the Defendant s police; that is, the Defendant s failure to train is so closely related to the deprivation of the Plaintiff s rights as to be the moving force that caused the ultimate injury. COMPLAINT - Page 10 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 11 of 17 C. MUNICIPAL LIABILITY CLAIM PURSUANT TO 42 U.S.C. 1983 AGAINST DEFENDANT CITY OF TACOMA: FAILURE TO SUPERVISE 1. Tacoma Police Officers Young and Koskovich, acting under color of state law with deliberate indifference, deprived the Plaintiff of her rights to be free from excessive force and wrongful arrest; 2. The City of Tacoma s supervision of Officers Young and Koskovich was not adequate to ensure that they were able to properly handle the usual and recurring situations with which they must deal; 3. The City of Tacoma s failure to supervise Officers Young and Koskovich was deliberately indifferent to the obvious and foreseeable consequences of its failure to supervise its police officers adequately; and; 4. The failure of the City of Tacoma to provide adequate supervision caused the deprivation of the plaintiff s rights by Officers Young and Koskovich; that is, the City of Tacoma s failure to supervise is so closely related to the deprivation of the plaintiff s rights as to be the moving force that caused the ultimate injury. D. WRONGFUL ARREST PURSUANT TO 42 U.S.C. 1983 AGAINST DEFENDANTS YOUNG AND KOSKOVICH 1. Defendants Young and Koskovich, acting under color of law with deliberate indifference, arrested and confined Ms. White without probable cause. 2. This wrongful arrest was without justification and deprived Ms. White of her constitutionally protected right to be free from unreasonable search and seizure, and was the direct and proximate cause of damages to Ms. White as alleged in this Complaint. COMPLAINT - Page 11 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 12 of 17 E. MUNICIPAL LIABILITY CLAIM UNDER 42 U.S.C. 1983 AGAINST THE CITY OF TACOMA: POLICY, CUSTOM, OR PRACTICE REQUIRING ARREST OF ALL USE-OF-FORCE SUBJECTS 1. The Tacoma Police Department s written policy, custom and practice, is that its officers must perform a custodial arrest of any citizen against whom its officers use physical force; 2. Tacoma Police Officers Young and Koskovich acted under color of law; 3. The actions of Officers Young and Koskovich deprived the Plaintiff of her rights under the United States Constitution to be free from arrest without probable cause; and 4. Officers Young and Koskovich acted pursuant to the expressly adopted official policy or a longstanding practice or custom of the Defendant. F. DISABILITY DISCRIMINATION CLAIM PURSUANT TO 42 U.S.C. 12132 et seq. AGAINST DEFENDANTS CITY OF TACOMA AND PIERCE COUNTY 1. Ms. White is a qualified disabled person as defined in the Americans with Disabilities Act ( ADA ), 42 U.S.C. 12132 et seq.; 2. Employees of Defendants City of Tacoma and/or Pierce County discriminated against Ms. White by reason of her disability; and/or 3. Employees of Defendants City of Tacoma and/or Pierce County failed to provide reasonable accommodation of Ms. White s disability; and furthermore 4. Defendants violated Plaintiff s rights under the ADA with deliberate indifference to those rights. G. REHABILITATION ACT CLAIM PURSUANT TO 29 U.S.C. 794 AGAINST DEFENDANTS CITY OF TACOMA AND PIERCE COUNTY 1. Pierce County, the Pierce County Jail, the City of Tacoma, and the Tacoma Police Department receive federal financial assistance; COMPLAINT - Page 12 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 13 of 17 2. Ms. White is a qualified disabled person as defined in the Rehabilitation Act, 29 U.S.C. 794 et seq.; 3. Ms. White was discriminated against by officers of the Tacoma Police Department and staff members of the Pierce County Jail; and/or 4. Employees of Defendants City of Tacoma and/or Pierce County failed to provide reasonable accommodation of Ms. White s disability; and furthermore 5. The discrimination was by reason of Ms. White s disability; and furthermore 6. Defendants violated Plaintiff s rights under the Rehabilitation Act with deliberate indifference to those rights. H. MALICIOUS PROSECUTION PURSUANT TO 42 U.S.C. 1983 AGAINST DEFENDANT YOUNG 1. Defendant Young instituted a criminal prosecution against Plaintiff; 2. There was no probable cause for the institution or continuation of the prosecution; 3. The prosecution was instituted or continued through malice; 4. The prosecution was instituted or continued for the purpose of depriving Plaintiff of her rights under the First, Fourth, and/or Fourteenth Amendments to the United States Constitution; 5. The prosecution terminated on the merits in favor of Plaintiff, or were abandoned; and 6. Plaintiff suffered injury or damage as a result of the prosecution. I. MALICIOUS PROSECUTION PURSUANT TO STATE LAW AGAINST DEFENDANT YOUNG 1. Defendant Young instituted a criminal prosecution against Plaintiff; 2. There was no probable cause for the institution or continuation of the prosecution; COMPLAINT - Page 13 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 14 of 17 3. The prosecution was instituted or continued through malice; 4. The prosecution terminated on the merits in favor of Plaintiff, or were abandoned; and 5. Plaintiff suffered injury or damage as a result of the prosecution. J. STATE LAW CLAIM OF OUTRAGE AGAINST DEFENDANTS YOUNG, KOSKOVICH, JOHN OR JANE DOE DEFENDANTS, CITY OF TACOMA, AND PIERCE COUNTY 1. Defendants directed extreme and outrageous conduct toward the Plaintiff; 2. Defendants conduct intentionally or recklessly inflicted on Plaintiff extreme emotional distress, amounting to the tort of outrage. K. VIOLATION OF RCW 2.42.120 CLAIM AGAINST DEFENDANTS YOUNG, KOSKOVICH, LIM, KRANCICH AND CITY OF TACOMA 1. Ms. White is hearing-impaired, and Defendants were aware of her disability; 2. Defendants conducted a criminal investigation involving an interview of Ms. White, and/or Defendants arrested Ms. White; and 3. Defendants did not arrange for the services of a qualified interpreter whose only duties are interpreting for the hearing-impaired; and 4. Ms. White suffered harm as the result of Defendants violations of RCW 2.42.120. L. VIOLATION OF WASHINGTON LAW AGAINST DISCRIMINATION, RCW 49.60 ET SEQ, CLAIM AGAINST DEFENDANTS YOUNG, KOSKOVICH, CITY OF TACOMA, JOHN OR JANE DOES 1-10, AND PIERCE COUNTY 1. Ms. White is a disabled person as defined in the Washington Law Against Discrimination, RCW 49.60 et seq.; 2. Ms. White was discriminated against by officers of the Tacoma Police Department and/or staff of the Pierce County Jail; COMPLAINT - Page 14 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 15 of 17 3. The discrimination was by reason of Ms. White s disability; and 4. Ms. White suffered harm as the result of the discrimination. M. DELIBERATE INDIFFERENCE TO MEDICAL NEEDS CLAIM PURSUANT TO 42 U.S.C. 1983 AGAINST DEFENDANTS YOUNG AND KOSKOVICH AND JOHN AND/OR JANE DOE DEFENDANTS 1. Defendants Young, Koskovich, and John and/or Jane Doe, acting under color of state law and with deliberate indifference to Ms. White s medical needs, denied LaShonn White constitutionally adequate medical care, in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution; and 2. This deliberate indifferent behavior was the direct and proximate cause of damages to Ms. White as alleged in this Complaint. N. MUNICIPAL LIABILITY CLAIM PURSUANT TO 42 U.S.C. 1983 AGAINST DEFENDANT PIERCE COUNTY: FAILURE TO TRAIN 1. Staff members of the Pierce County Jail, acting under color of state law, deprived the Plaintiff of her right to Constitutionally adequate medical care; 2. The Pierce County Jail s training policies were not adequate to train its staff to handle the usual and recurring situations with which they must deal, specifically that they must provide an adequate method of communication for a Deaf inmate such as Ms. White; 3. Pierce County s failure to train its staff was deliberately indifferent to the obvious and foreseeable consequences of its failure to train its staff adequately; and 4. The failure of Pierce County to provide adequate training caused the deprivation of the Plaintiff s rights by the Defendant s staff; that is, the Defendant s failure to train is so COMPLAINT - Page 15 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 16 of 17 closely related to the deprivation of the Plaintiff s rights as to be the moving force that caused the ultimate injury. O. MEDICAL MALPRACTICE CLAIM PURSUANT TO STATE LAW AGAINST DEFENDANTS JOHN AND/OR JANE DOES 1. Defendants conduct fell below the applicable standard of medical care, thus constituting the tort of medical malpractice; and 2. Defendants medical malpractice caused harm to Ms. White in the form of emotional distress and physical pain, injury, and suffering. P. MEDICAL MALPRACTICE CLAIM PURSUANT TO STATE LAW AGAINST DEFENDANT PIERCE COUNTY 1. Defendant Pierce County is legally responsible for the administration of the Pierce County Jail, which is a health care provider as defined in RCW 7.70.020; and 2. Defendants conduct fell below the applicable standard of medical care and/or constituted a negligent failure to properly train and supervise its staff involved in medical care, thus constituting the tort of medical malpractice; and 3. Defendants medical malpractice caused harm to Ms. White in the form of emotional distress and physical pain, injury, and suffering. VI. JURY DEMAND Pursuant to Fed. R. Civ. P. 38, the Plaintiff hereby demands a trial by a jury. VII. PRAYER FOR RELIEF Having stated her claims against the defendants, Plaintiff prays for the following relief: COMPLAINT - Page 16 of 17

Case 3:12-cv-05987 Document 1 Filed 11/15/12 Page 17 of 17 1. Judgment against the defendants for compensatory damages in an amount to be proven at trial; 2. Judgment against the defendants for punitive damages; 3. An award of costs and attorney s fees, as provided by applicable provisions of federal and state statutory and common law; 4. Injunctive relief to correct the policies and practices of the Defendants that violate applicable Federal and Washington State statutes; and 5. For such other relief as the Court may deem just and equitable. Dated: November 15, 2012. CARNEY GILLESPIE ISITT PLLP /S/Christopher Carney Christopher Carney, WSBA No. 30325 Sean Gillespie, WSBA No. 35365 Kenan Isitt, WSBA No. 35317 Attorneys for Plaintiff LaShonn White COMPLAINT - Page 17 of 17