Case Case 2:08-cv-02695-STA-tmp 2:08-zz-09999 Document Document 806 1 Filed Filed 10/15/2008 Page Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION TATIA THOMPSON individually, ) and on behalf of JUSTIN THOMPSON vs Plaintiff(s), ) SHELBY COUNTY, SHELBY COUNTY ) SCHOOL BOARD and SHELBY COUNTY SHERIFF S DEPARTMENT ) No. Defendant(s). ) COMPLAINT Comes now the Plaintiff, Tatia Thompson (hereinafter Ms. Thompson or Plaintiff ) and Justin Thompson (hereinafter Justin ), and for cause of action would show the following: INTRODUCTION 1. This action is brought pursuant to 28 U.S.C. 1346(b)(1), Governmental Tort Liability Act and 42 U.S.C. 1983. 2. This action is also brought pursuant to the Tennessee Human Rights Act, T.C.A. 4-21-401, et seq. 3. This action alleges negligence, false arrest, false imprisonment, negligent Courthouse News Service infliction of emotional distress and intentional infliction of emotional distress. PARTIES 4. Plaintiff, Tatia Thompson, is and at all times pertinent herein, has been, a resident citizen of Memphis, Shelby County, Tennessee.
Case Case 2:08-cv-02695-STA-tmp 2:08-zz-09999 Document Document 806 1 Filed Filed 10/15/2008 Page Page 2 of 25 5. Plaintiff, Justin Thompson, a sixteen (16) year old minor child, is and at all times pertinent herein, has been, a resident citizen of Memphis, Shelby County, Tennessee. 6. Defendant, Shelby County School Board is responsible for the administration and governance of schools located in Shelby County, Tennessee. 7. Defendant, Shelby County Sheriff s Department is a law enforcement agency located in Memphis, Shelby County, Tennessee. 8. The facts and occurrences hereinafter set forth took place in Shelby County, Tennessee. FACTS In November, 2007, Justin Thompson was a student at Southwind High School. During the month of November, Justin was walking home from school with a neighbor when he was attacked by several male students that attended the same school. Justin telephoned his mother immediately to tell her that he had just gotten beaten by several male students. Plaintiff, Tatia Thompson, immediately went to Southwind High School to advise the school security officer, the school security officer and the principal that Justin had been beaten by some fellow students while walking home from school. The school security officer and the principal advised Ms. Thompson that there was nothing that the school could do to address the situation since the incident did not occur on school grounds. The principal further suggested to Ms. Thompson that since some of the students at the school are rough, she needed to pick Justin up from school each day. Plaintiff immediately made arrangements to have Justin receive a ride from school each day. In 2008 Plaintiff transferred Justin to Arlington High School for his safety. In February 2008 a YouTube video of Justin s beating was released on local television stations. Shortly after the airing of the video, Shelby County Sheriff s deputies arrived at Arlington High School and arrested
Case Case 2:08-cv-02695-STA-tmp 2:08-zz-09999 Document Document 806 1 Filed Filed 10/15/2008 Page Page 3 of 35 Justin while he was sitting in class. Justin was transported to the Shelby County Juvenile Detention Center and placed in a cell. The Shelby County School Board immediately suspended Justin indefinitely. A photograph of Justin and allegations that he was affiliated with local gangs were aired on local television stations. After a short period in custody Justin was released and allowed to return home. After reviewing the circumstances, the School Board realized that Justin had been arrested for an offense for which he was the victim. Therefore, Justin was allowed to return to school. As a result of Justin s public arrest and incarceration, he has suffered severe mental anguish, embarrassment and harassment from other students at Arlington High. Furthermore, he required psychological counseling for depression and nightmares as a result of the aforementioned acts. Furthermore, as a result of Justin s public arrest and incarceration, Ms. Thompson has also had to undergo psychological counseling and has suffered economic losses. NEGLIGENCE 1. Plaintiff alleges that Defendant, Shelby County School Board was negligent in that they failed to take corrective action when Tatia Thompson first reported that Justin had been assaulted by other classmates. 2. Plaintiff alleges that Defendant, Shelby County Sheriff s Department was negligent arresting and incarcerating Justin at school without any justification or any investigation. 3. Plaintiff further alleges that Defendant, Shelby County was negligent in that they failed to provide adequate training for the Sheriffs deputies. FALSE ARREST and FALSE IMPRISONMENT 3
Case Case 2:08-cv-02695-STA-tmp 2:08-zz-09999 Document Document 806 1 Filed Filed 10/15/2008 Page Page 4 of 45 1. On or about November, 2007, an unknown deputy, was employed by defendants, Shelby County and Shelby County Sheriff s Department. 2. On said date Justin Thompson was arrested by the unknown deputy, against his will, and without any justification. 3. In detaining Justin, the deputy was engaged in the regular course of and within the scope of his employment for Shelby County Sheriff s Department. As such, Shelby County and the Shelby County Sheriff s Department are vicariously liable for the actions of the deputy. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 1. Plaintiff alleges that Defendants negligent conduct in failing to take immediate corrective action when the incident was initially reported and subsequently arresting the victim of the offense despite having videotaped evidence, is an act that so shocks the conscious of the ordinary reasonable behavior and thus caused intentional infliction of emotional distress. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 1. Plaintiff alleges that Defendants intentional and or reckless conduct in failing to take immediate corrective action when the incident was initially reported and subsequently arresting the victim of the offense despite having videotaped evidence, is an act that so shocks the conscious of the ordinary reasonable behavior and thus caused intentional infliction of emotional distress. DAMAGES 1. As a direct and proximate result of the defendants actions, plaintiff has suffered 4
Case Case 2:08-cv-02695-STA-tmp 2:08-zz-09999 Document Document 806 1 Filed Filed 10/15/2008 Page Page 5 humiliation, indignity, disgrace, fright, shame, mortification, injury to plaintiffs feelings and reputation, mental and physical suffering, and has incurred medical and rehabilitative expenses, lost wages, pain and suffering, and loss of enjoyment of life. RELIEF SOUGHT WHEREFORE, Plaintiff prays for judgment against Defendants, as follows: 1 Compensatory damages in the amount of $750,000. 2 Punitive damages in the amount of $750,000. 3 Reasonable attorney s fees, pursuant to 28 U.S.C. 1988, cost of litigation and expenses. 4 Such other and further relief as is consistent with law, fairness and equity and respectfully pray for a trial by jury on all issues of fact. Respectfully Submitted, /s/ Paul J. Springer Paul J. Springer (#021267) Attorney for the Plaintiff 301 Washington, Suite 302 Memphis, TN 38103 (901) 528-8391 Phone (901) 528-8393 Fax No. 5