Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID #
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLIONIS ALEXANDER BRICKHOUSE, Individually, And AVIANNE LEE KHALIL, Individually, Plaintiffs vs. JOHN REDSTONE, Individually And In His Official Capacity; RICHARD DAWES, Individually And In His Official Capacity; CITY OF GRANITE; And JOHN DOE OFFICERS I-XXX. CASE NO. --DRH-PMF Hon. David R. Herndon COMPLAINT (Civil rights: unlawful and excessive force; unconstitutional arrest) JURY TRIAL DEMAND Defendants. LAW OFFICES OF HAYTHAM FARAJ Haytham Faraj, Esq. () MASON STREET Suite 0-A Dearborn, Michigan PHONE: ()-0 FAX: () - ATTORNEY FOR PLAINTIFFS PLAINTIFFS COMPLAINT FOR VIOLATIONS OF U.S.C. - FOURTH AMENDMENTAND FOURTEENTH AMENDMENT, FAILURE TO INTERVENE, CONSPIRACY, CONCERT OF ACTION, ASSAULT, BATTERY, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, AND FALSE IMPRISONMENT NOW COMES the Plaintiffs ALEXANDER BRICKHOUSE ( Alexander or Brickhouse ) and AVIANNE KHALIL ( Ms. Khalil ) mother of Plaintiff Mr. Brickhouse, by and through their attorney HAYTHAM FARAJ, for their Complaint against Defendants, CITY OF GRANITE ( City of Granite ), THE CITY OF GRANITE, Officer JOHN REDSTONE SAAD-00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - ( Officer Redstone ) and Officer RICHARD DAWES ( Officer Dawes ) and JOHN DOES OFFICERS I-XX (the John Does ) hereby alleging the following: INTRODUCTORY STATEMENT This is an action for money damages pursuant to U.S.C. for the events occurring on May,. At the time of this offense, Mr. Alexander Brickhouse was a 0 pounds, eighteen () years old high school student who resided with his mother, Ms. Avianne Khalil in the City of Granite, State of Illinois. On or about May,, Plaintiff, Alexander Brickhouse was involved in a motor vehicle collision that resulted in him being transported from the scene of the accident to the Granite City Hospital. At the hospital, an argument ensued between Defendants police officers, Redstone and Dawes on the one hand, and Plaintiff Avianne Khalil Alexander s mother- on the other hand, after Plaintiff Khalil advised the Defendant officers that her son would no longer answer questions. In response to Khalil s statement, the Defendant officers made offensive and derogatory comments directed at Plaintiff Khalil. Upon release of Alexander from the hospital, Plaintiff Khalil went to the Granite City Police Station to file a complaint. Upon requesting a complaint form, Defendant Redstone hearing Khalil from a backroom, went to Khalil s vehicle removed Plaintiff Alexander from the vehicle, assaulted and handcuffed him. Redstone took Plaintiff Alexander into the police station where he kicked beat and slammed the handcuffed and non-resistant Alexander s head into a metal door and the metal bars in the holding cell causing Alexander severe physical and emotional injuries JURISDICTION AND VENUE BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. Plaintiffs file this action under U.S.C. for violations of due process under the Fourth and Fourteenth Amendments to the United States Constitution.. This Court has subject matter jurisdiction over Plaintiffs claims for violations of federal Constitutional Rights pursuant to U.S.C. and U.S.C... Venue is proper in this Court pursuant to U.S.C. (b), in as much as the unconstitutional, unlawful, and wrongful conduct alleged was committed in this District, one or more of the Defendants reside in this District, and the Plaintiffs reside in this District.. This Court has supplemental jurisdiction over Plaintiffs pendent state law claims pursuant to U.S.C. and under the doctrine of pendent jurisdiction as set forth in United Mine Workers v. Gibbs, U.S. (). PARTIES. At all times pertinent to this Complaint, Mr. Alexander Brickhouse resided in the City of Granite, County of Madison, and State of Illinois. At all times pertinent to this Complaint, Ms. Avianne Khalil resided in the City of Granite, County of Madison, and State of Illinois.. At all times pertinent to this Complaint, Defendant John Redstone was and is a law enforcement officer working under color of law for the City of Granite. Defendant Redstone is sued in his individual and official capacity.. At all times pertinent to this Complaint, Defendant Richard Dawes was and is a law enforcement officer working under color of law for the City of Granite. Defendant Dawes is sued in his individual and official capacity.. At all times pertinent to this Complaint, Defendant City of Granite was and is a municipal corporation duly organized and carrying on government functions in the City of BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - Granite, County of Madison, and State of Illinois. Defendant City of Granite is a suable person under U.S.C... At all times pertinent to this Complaint, the Defendant John Doe Officers were employed by the Defendant City of Granite and were acting under color of law.. The Defendant John Does are individuals whose exact identities are unknown to Plaintiffs. The Defendant John Does are employed by the Defendant City of Granite via its police department as law enforcement officers. The Defendant John Does may further be agents or employees of the Defendant City of Granite. At all times time pertinent to this Complaint, the Defendant John Does were acting under color of law for the Defendant City of. The Defendant John Does are sued in their official and individual capacities. At such times when the identities of the Defendant John Does are known to Plaintiffs they will substitute the real party in interest for the named Defendant John Doe.. All Defendants have acted under color of state law at all times pertinent to this Complaint.. Plaintiffs are entitled to an award of attorneys fees and costs, pursuant to U.S.C.. FACTUAL BACKGROUND A. Police Officers from The City of Granite Committed Egregious and Severe Violations of Plaintiffs Constitutional Rights. Plaintiffs incorporate, re-allege, and adopt by reference paragraphs - as though fully set forth herein.. On or about Sunday May,, Plaintiff, Alexander was involved in a motor vehicle collision that resulted in his being transported from the scene of the incident to the BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - Granite City Hospital via an ambulance. Alexander was not cited for any violations of the law at the scene of the accident by any law enforcement officer.. Upon admission to the hospital and during Alexander s medical examination at the Granite City Hospital, he was observed as sustaining no physical contusions or abrasions or any significant or notable injuries as a result of the collision. Alexander was discharged from the Granite City Hospital in the early afternoon of May, with a minor mark from the deployment of the airbag.. Soon after Alexander was admitted to the Granite City Hospital, Ms. Khalil his mother- arrived at the hospital to check on her son.. When Khalil arrived at her son s room, she noticed two Granite City police officers, officer Redstone and officer Dawes, in the room, questioning her son.. The two Officers Redstone and Dawes questioned Alexander regarding the incident and they issued him a citation for: ) failing to yield on a green light; ) failing to avoid the accident; ) failure to wear a seat belt (though Alexander had a seatbelt on during the incident); and ) failure to have insurance (though Alexander has proof of insurance). The officers continued to question Alexander, despite his being in a hospital bed, scared and confused.. Ms. Khalil began to feel uncomfortable with the officer s tactics. She interjected to tell them to stop questioning her son and directed her son to stop answering questions until an attorney could assist him.. The two officers began told Khalil it is none of her business and that he is an years old adult. She told them that he is still in high school and as her son she had a right to advise him. The officers then threatened to arrest Khalil. Ms. Khalil She ignored their threats BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - and told them to leave. As the officers began to leave, Officer Redstone said stupid Muslim bitch. Khalil responded that she would complain about his language. Redstone uttered more expletives and took on an aggressive posture. Khalil backed up and went to her son s bed.. Upon Alexander s release from the Hospital, Khalil decided to immediately go to the police station to file a complaint against the officers for their conduct, offensive and abusive statements, and to protests the unjustified citations issued to her son. Upon arrival at the police station, Khalil went inside to file the complaint. Alexander remained in the car.. Khalil went to the front desk which was occupied by a desk sergeant, John Doe I. Khalil asked told she wanted to file a complaint about officers Redstone and Dawes. She was overheard by Defendant Redstone who happened to be present in the station in a room behind the front desk.. Redstone stepped out of the room and saw Khalil. He then angrily, briskly and deliberately walked outside to where Khalil s vehicle was parked. Redstone banged on the window of the car to get Alexander s attention who was sitting in the vehicle listening to music on his IPod.. When Alexander opened the door, Defendant Redstone with unlawful force and violence pulled the boy from the vehicle and threw him against the car.. The unwitting and unaware teenager was shocked and confused by what was happening. He was in a panicked state as the much larger police officer rough handled him out of the car and threw him against the side saying your bitch mother isn t going to cause me to lose my job or similar other words. Defendant Redstone slammed the boy against the car pulled his arms back and handcuffed him. He deliberately and unnecessarily tightened the handcuffs intending to injure Alexander. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. Defendant Redstone then forcefully dragged and pushed the terrified Alexander into the station and in front of his mother. He took him to a metal door that separates the holding cells from the outer reception area. When they arrived at the door, Redstone intentionally slammed Alexander s head into the metal door. Redstone continued to the holding cell where he again slammed Alexander s head against the metal cell bars. Alexander fell to the floor into a fetal like position to protect his body and limit further abuse.. Defendant Redstone then intentionally, violently and aggressively kicked Alexander Brickhouse in the ribs and other parts of his body, as Alexander screamed and pleaded for him to stop.. Redstone then lifted Alexander using the handcuffs which caused Alexander s arms to pull back in an unnatural manner causing Alexander sever pain in his shoulders. The pain caused him to scream in agony. Redstone forcefully and illegally searched the handcuffed Alexander. Once he completed the search, he uncuffed him and locked him in the cell. Alexander suffered lacerations, contusions and bruises to his hands and body. He felt terrible fear and isolation. He sat in his cell in pain uncertain as to why he had been subjected to such violence. 0. Ms. Khalil watched in terror and experienced severe emotional distress as Redstone dragged her teenage son into the station and then slammed his head against the metal door. She could not offer any assistance or intercede to defend him. As she heard his screams, she pleaded with the desk sergeant, John Doe and either Defendant Dawes or John Doe #, to please stop Redstone from assaulting her son. Either Defendants John Doe # and # or Defendant Dawes looked at the other and stated I don t hear anything, do you? BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. Ms. Khalil was forced to experience the abuse of her teenage son and to listen to him as he screamed in pain while Defendant police officers acted under color of law to unlawfully assault him. When she cried for assistance, Defendant police officers failed to intervene despite their duty to do so.. After placing Alexander in the jail cell, Officer Redstone emerged from the back. Crying, Plaintiff Khalil demanded to know what he did to her son and why he arrested him. Redstone replied it is because you had to be a stupid bitch or Muslim bitch or similar language and words that were equally offensive and insulting.. Ms. Khalil left the police station and immediately called her former husband, Alexander s father, Mr. Earl Brickhouse. She explained to him what had happened. He then went to the police station to secure the release of his son.. At the police station Mr. Brickhouse was told that he would have to post a bond for his son which he did.. Upon release from the police station, Earl Brickhouse and Avianne Brickhouse immediately went to Christian Hospital Northeast to seek medical attention and treatment for the injuries suffered by their son at the hands of Defendant Police Officers.. Alexander was admitted to the hospital and examined by a number of medical professionals. Alexander complained of pain in his chest, face and ribs. Alexander was observed as having lacerations and abrasions to the left and right wrists where he was handcuffed by Officer Redstone as well as various other laceration, scratches and contusions to his body.. Alexander suffered contusions to the chest wall, contusions to the face and abrasion to the right forearm from the assaults inflicted by Defendant law enforcement officers. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. On May,, Alexander s father Earl Brickhouse- went to the police station to pursue the matter further with the appropriate authorities regarding the incident on Sunday May,. He received a police report stating the Alexander was arrested at the scene of the accident. The police report intentionally misrepresented the actual facts of the arrest. COUNT ONE U.S.C. VIOLATION OF FOURTH AND FOURTEENTH AMENDMENTS (Unconstitutional Use of Excessive Force) (Defendant Redstone and the John Does). Plaintiffs incorporate, re-allege, and adopt by reference paragraphs - as though fully set forth herein. 0. Alexander Brickhouse is entitled to be free, and is protected, from the unconstitutional use of excessive force by, and pursuant to, the parameters of the Fourth and Fourteenth Amendments to the United States Constitution.. Defendant Redstone s acts violated Alexander Brickhouse s protected rights and were extreme, excessive, and unjust, and were objectively unreasonable based on the totality of the circumstances and violated the rights held by Alexander to his life, liberty, person and integrity, those rights fully protected by the Fourth and Fourteenth Amendments to the United States Constitution.. The specific acts of Defendants Redstone, Dawes and the john Does, individually, and acting in concert with each other that plaintiffs allege to be objectively unreasonable are more particularly set forth below: i. Defendants Redstone and Dawes unlawfully attempted to coerce and question Alexander into making false admissions. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - ii. iii. iv. Defendant Redstone purposefully, maliciously, recklessly, unjustly, and unreasonably held Alexander captive when he pulled him from the vehicle without probable cause or a warrant that was based upon any articulable facts or reasonable suspicion. While holding Alexander, Defendant Redstone threatened the innocent and unarmed Plaintiff in retaliation for the conduct of his mother for attempting to file a complaint. Defendant Redstone forcefully and unlawfully dragged Alexander into the police station in front of his mother in violation of Alexander s constitutionally protected rights. v. Defendant Redstone, without a warrant or consent, physically removed the Plaintiff from his vehicle; such menacing movements towards Plaintiff caused Plaintiff Alexander to fear for his safety and well being. vi. vii. viii. Defendant Redstone physically injured the helpless Alexander while he was handcuffed and unable to defend himself in the presence of his mother, Plaintiff Khalil. Redstone physically assaulted, beat and kicked Alexander with unlawful and excessive force and violence without any legal justification or excuse. Redstone, and Defendant John Doe # and Defendant Dawes illegally and against his will imprisoned Plaintiff Alexander Brickhouse without any authority or legal justification and absent a warrant or probable cause to arrest and detain him. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - ix. Defendants collectively conspired to cover up the unlawful conduct by creating false official reports and making false statements on those reports.. Defendant Redstone committed the foregoing acts under color of Illinois state law while on active duty as a law enforcement officer for the City of Granite.. As a consequence of the violations of the Constitutional standards set forth herein, Alexander suffered pain, physical and emotional harm. He continues to live in a perpetual state of fear, terror and anxiety.. As further consequence of the violations of the Constitutional standards set forth herein, Alexander suffered and continues to suffer embarrassment, shame, humiliation, and indignity and refrains from contact with members of the public and family who have come to hear of the incident.. As further consequence of the violations of the Constitutional standards set forth herein, Alexander suffered and continues to suffer fear and terror.. As further consequence of the violations of the Constitutional standards set forth herein, Alexander s medical condition has and was aggravated.. As a consequence of these Constitutional violations to Alexander and the resulting injuries that were inflicted upon him, Alexander seeks compensation as set forth more specifically in the section of this Complaint entitled Prayer For Relief. COUNT TWO U.S.C. VIOLATIONS OF FOURTH AMENDMENT (Unlawful and Unreasonable Seizure) (Defendants Redstone, Dawes and John Doe #). Plaintiffs incorporate, re-allege, and adopt by reference paragraphs - as though fully set forth herein. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - 0. Alexander is entitled to be free and is protected from unlawful seizure of his person by and pursuant to the parameters of the Fourth and Fourteenth Amendments to the United States Constitution.. Defendants Redstone s, Dawes and the John Does acts violated Alexander s protected rights and were an extreme, excessive, unjust, and unreasonable seizure of his person without probable cause, were objectively unreasonable based on the totality of the circumstances and violated the rights held by Alexander to life, liberty, and integrity, those rights fully protected by the Fourth and Fourteenth Amendments to the United States Constitution.. The specific acts of Defendants Redstone, Dawes and the john Does, individually, and acting in concert with each other that plaintiffs allege to be objectively unreasonable are more particularly set forth below: i. Defendant Redstone unlawfully and with a criminal intent approached Alexander while in the vehicle outside of the police station and under color of authority induced Alexander to open the car door. ii. iii. iv. Redstone purposefully, maliciously, recklessly, unjustly, and unreasonably held Alexander captive by pulling and dragging him out of the vehicle. Defendants Redstone, Dawes and the John Does purposefully, maliciously, recklessly, unjustly, and unreasonably restricted Alexander s movement and freedom. Defendant Redstone unlawfully seized Alexander without a warrant, consent or probable cause from the vehicle in which he was sitting. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - v. Defendants Redstone, Dawes and other John Doe officers imprisoned Alexander under false pretenses and without a warrant, consent or probable cause.. Defendants Redstone, Dawes and other John Doe officer committed the foregoing acts under color of Illinois state law while on active duty as law enforcement officer(s).. As a consequence of the violations of the Constitutional standards set forth herein, Alexander suffered pain, physical and emotional harm. He continues to live in a perpetual state of fear, terror and anxiety.. As further consequence of the violations of the Constitutional standards set forth herein, Alexander suffered and continues to suffer embarrassment, shame, humiliation, and indignity and refrains from contact with members of the public and family who have come to hear of the incident.. As further consequence of the violations of the Constitutional standards set forth herein, Alexander suffered and continues to suffer fear and terror.. As further consequence of the violations of the Constitutional standards set forth herein, Alexander s medical condition has and was aggravated.. As a consequence of these Constitutional violations to Alexander and the resulting injuries that were inflicted upon him, Alexander seeks compensation as set forth more specifically in the section of this Complaint entitled Prayer For Relief. COUNT THREE U.S.C. VIOLATION OF FOURTH AND FOURTEENTH AMENDMENTS (Failure to Intervene) (City of Granite and Defendant Police Officers) BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. Plaintiffs incorporate, re-allege, and adopt by reference paragraphs - as though fully set forth herein. 0. City of Granite and Granite Police Department officers and John Doe officers that were present while the events described herein occurred.. City of Granite and Granite Police Department officers and John Doe officers that observed the events described herein by aiding in the acts alleged herein and/or acquiescing thereto.. City of Granite and Granite Police Department officers and John Doe officers knew or witnessed uniformed officer(s) using excessive force against Alexander.. City of Granite and Granite Police Department officers and John Doe officers witnessed uniformed law enforcement officers violating Alexander s constitutionally protected rights.. City of Granite and Granite Police Department officers and John Doe officers witnessed uniformed law enforcement officers unlawfully and maliciously harassing, intimidating, threatening, and terrorizing a citizen who was acting in accordance with his constitutional and statutory rights, privileges, and immunities as a citizen. City of Granite and Granite Police Department officers and John Doe officers had a realistic opportunity to prevent the uniformed law enforcement officer(s) from (i) using excessive force, (ii) violating Alexander s constitutionally protected rights, and (iii) otherwise harassing, intimidating, threatening and terrorizing Alexander.. As a consequence of the City of Granite and Granite Police Department officers and the John Doe officers failure to intervene, Alexander s Constitutional Rights have been BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - violated and seeks compensation for his injuries incurred as set forth more specifically in the section of this Complaint entitled Prayer For Relief. COUNT FOUR U.S.C. ILLIONIS COMMON LAW CIVIL CONSPIRACY AND CONCERT OF ACTION (City of Granite, Granite Police Department, Defendant Redstone, John Does) (Collectively, the Conspirator Defendants ). Plaintiffs incorporate, re-allege, and adopt by reference paragraphs - as though fully set forth herein.. Upon information and belief, the Conspirator Defendants acted in concert pursuant to a common design to unconstitutionally, unlawfully, and wrongfully create false official reports containing false statements intended to obstruct justice and cover up Defendants wrongful and illegal acts.. Upon further information and belief, Defendants Redstone, Dawes and John Doe # knowingly and voluntarily acted in furtherance of this unconstitutional, unlawful and wrongful conspiracy immediately prior to and during the events on or about Sunday,, described herein. 0. The specific acts of Defendants Redstone, Dawes and John Doe # that are alleged to be in furtherance of this unlawful conspiracy and which occurred on or about Sunday,, are more particularly set forth below: i. Defendant Redstone and Dawes sought to force Alexander into making false admissions. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - ii. iii. iv. Defendants Redstone s, Dawes' and John Doe # s failure to follow departmental procedures was unreported to any senior official for internal investigation. Upon further information and belief, Defendant Redstone did not have any probable cause, consent or a search warrant upon which to seize Alexander and his person from the vehicle. Defendant Redstone detained Alexander under false pretenses of color of law and in clear retaliation of Plaintiff Khalil s exercise of her right to file a complaint against officer Redstone. v. The retaliatory detention and violence visited by Redstone upon Alexander and witnessed by John Doe who covered up and aided and abetted Redstone in the cover-up in furtherance of the unconstitutional and unlawful conspiracy resulted in substantial physical and emotional harm to Alexander and Ms. Khalil,.. As a direct and proximate result of the conspiracy and concerted action described herein, the Conspirator Defendants violated Alexander s and Ms. Khalil s Constitutional Rights to be free from excessive force, unreasonable seizure, the right to their life, liberty, and integrity, those rights fully protected by the Fourth and Fourteenth Amendments to the United States Constitution.. As a direct and proximate result of the conspiracy and concerted action described herein, Alexander and Ms. Khalil suffered and continue to suffer living in a perpetual state of fear, terror and anxiety. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. As a direct and proximate result of the conspiracy and concerted action described herein, Alexander and Ms. Khalil suffered and continue to suffer embarrassment, shame, humiliation, indignity, and refrain from contact with members of the public and family who have come to hear of the incident.. As a direct and proximate result of the conspiracy and concerted action described herein, Alexander and Ms. Khalil suffered and continue to suffer fear and terror.. As a direct and proximate result of the conspiracy and concerted action described herein, Alexander s medical condition has and was aggravated.. As a direct and proximate result of conspiracy and concerted action described herein, Alexander and Ms. Khalil seek compensation as set forth more specifically in the section of this Complaint entitled Prayer For Relief.. Defendants Redstone, Dawes and the John Doe # committed the foregoing acts deliberately, maliciously, willfully and wantonly.. Defendants Redstone s, Dawes and John Doe # s actions demonstrated their reckless disregard for Alexander s life, health, safety, and welfare.. Alexander and Ms. Khalil are, therefore, entitled to recover exemplary damages in addition to compensatory damages. COUNT FIVE ASSAULT (Defendants Redstone, Dawes and John Doe #) 0. Plaintiffs incorporate, re-allege, and adopt by reference paragraphs - as though fully set forth herein.. Alexander is a peaceful teenager; this is visible and apparent by his appearance. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. Defendant Redstone purposefully placed Alexander in apprehension of immediate physical harm by aggressively pulling him from the vehicle in which he was quietly and peacefully seated listening to music, as Redstone communicated threats of physical harm in retaliation for Khalil s putative complaint.. Redstone s threatening and retaliatory conduct towards Alexander was intended to place Alexander in immediate apprehension for his safety that an imminent offensive touching would occur.. Alexander felt in imminent apprehension of his safety.. Redstone committed the foregoing acts deliberately, purposefully, maliciously, violently, willfully, intentionally and wantonly.. Defendant Redstone s actions demonstrated reckless disregard for Alexander s life, health, safety, and welfare, resulting in apprehension and caused injury to Alexander.. Alexander is therefore entitled to recover exemplary damages in addition to compensatory damages. COUNT SIX BATTERY (Defendants Redstone, Dawes and John Doe #). Plaintiffs, re-allege, and adopt by reference paragraphs - as though fully set forth herein.. Defendant Redstone used the guise of legal authority with the intention of unlawfully touching the non-resistant Alexander by pulling him from the vehicle and dragging him into the police station. 0. Alexander did not in anyway consent to the illegal physical touching by Officer Redstone. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. As a result of the forceful and offensive touching, Alexander suffered numerous physical and mental injuries requiring medical treatment.. Officer Redstone committed the foregoing act, deliberately, maliciously, violently, willfully, and wantonly.. Officers Redstone, Dawes and John Doe # s actions demonstrated their reckless disregard for Alexander s life, health, safety, and welfare.. Alexander is therefore entitled to recover exemplary damages. COUNT SEVEN INTENTIONAL/RECKLESS INFLICTION OF EMOTIONAL DISTRESS (Defendants Redstone, Dawes and John Doe #). Plaintiffs incorporate, re-allege, and adopt by reference paragraphs - as though fully set forth herein.. Alexander is a peaceful teenager weighing 0 pounds and standing about tall.. Officer Redstone unlawfully threatened, assaulted, arrested, beat and maltreated the non-resistant Alexander, in the immediate presence of his mother, Ms. Khalil, by unlawfully dragging him from the parked vehicle into the police station, slamming the helpless and cuffed Alexander into the floor and a metal door resulting in injuries to his person and being, slamming the helpless and cuffed Alexander into metal and steel objects head on, kicking him repeatedly in the ribs.. Defendant Redstone s conduct was intentional.. Defendant Redstone s conduct by any reasonable standards was extreme and outrageous against a non-resistant and non-threatening person. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - 0. The events described above resulted in recurring emotional stress and psychological episodes.. The emotional distress suffered by Plaintiffs manifested itself in symptoms including, without limitation: i. Tremors; ii. iii. iv. Sleeplessness; Increased anxiety; Crying spells; v. Nightmares; vi. vii. viii. Loss of appetite; Dizziness; and Such other injuries and physical manifestations as may appear during the course of discovery and at trial in this matter.. As a consequence of Defendant Redstone s intentional and reckless infliction of emotional distress, Plaintiffs seek compensation for such injuries, but not limited to, their mental anguish embarrassment and humiliation. COUNT EIGHT NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (Defendants Redstone, Dawes and John Doe #). Plaintiffs incorporate, re-allege, and adopt by reference paragraphs - as though fully set forth herein.. Ms. Khalil witnessed her son being dragged, kicked, and battered by law enforcement officer(s). BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. Ms. Khalil heard the cries of pain from her son as he was being dragged, kicked, and battered by Defendant Redstone during the entire duration while at the police station.. Ms. Khalil heard the cries of pain from her son as he suffered physical abuse at the hands of Defendant Redstone and while he was handcuffed, which handcuffs were purposefully and maliciously, applied in a manner intended to cause injury and bleeding.. The events described above resulted in emotional distress.. The events described above caused severe emotional distress to Ms. Khalil.. The emotional distress suffered by Ms. Khalil physically manifested itself in symptoms, including, but not limited to: ix. Tremors; x. Sleeplessness; xi. xii. xiii. xiv. xv. xvi. Increased anxiety; Crying spells; Nightmares; Loss of appetite; Dizziness; and Such other injuries and physical manifestations as may appear during the course of discovery and at trial in this matter.. As a consequence Defendant Redstone s intentional and reckless infliction of emotional distress, Plaintiffs seek compensation for such injuries, but not limited to, there mental anguish, embarrassment and humiliation. COUNT NINE FALSE IMPRISONMENT (Defendants Redstone, Dawes and John Doe #) BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. Plaintiffs, re-allege, and adopt by reference paragraphs - as though fully set forth herein.. Defendants Redstone, Dawes and the John Does used the guise of legal authority with the intention of confining Alexander within fixed boundaries.. Their acts directly resulted in Alexander s confinement.. Alexander was conscious of the confinement.. The specific acts of Defendants Redstone, Dawes and John Doe # directly resulted in Alexander s conscious confinement are more particularly set forth below: i. Defendant Redstone blockaded Alexander s person and body. ii. iii. iv. Defendant Redstone maliciously, recklessly, unjustly, and unreasonably held Alexander captive when he removed him from the vehicle. Defendant Redstone unlawfully imprisoned Alexander in a prison. Defendants Redstone, Dawes and John Doe # committed the foregoing acts under color of Illinois state law while on active duty as law enforcement officers.. Defendants Redstone, Dawes and John Doe # committed the foregoing acts deliberately, maliciously, violently, willfully, and wantonly.. The Defendant Police officer s actions demonstrated their reckless disregard for Alexander s life, health, safety, and welfare.. Alexander is therefore entitled to recover exemplary damages. PRAYER FOR RELIEF. Plaintiffs incorporate, re-allege, and adopt by reference paragraphs - as though fully set forth herein. BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - - 0. Defendants Redstone, Dawes, City of Granite, and the John Does actions and omissions related to this Complaint were tortious, wrongful, objectively unreasonable, deliberately indifferent, negligent, grossly negligent, oppressive, malicious, reckless and outrageously indifferent to a highly unreasonable risk of harm, consciously indifferent to Plaintiffs health, safety and welfare, in reckless disregard of Plaintiffs rights, motivated by evil motive or intent, and recklessly or callously indifferent to Plaintiffs federally protected rights; said actions and omissions directly and proximately caused Plaintiffs injuries. WHEREFORE, Plaintiffs, respectfully request this Honorable Court grant Judgment in their favor and against Defendants for the following:. Compensatory damages in an amount consistent with the allegations contained herein and to be proven at trial;. Exemplary damages in an amount consistent with the allegations contained herein and to be proven at trial;. Punitive damages in a reasonable amount sufficient to adequately punish Defendants Redstone, Dawes and the John Does in their individual capacities, and to deter future conduct of the type alleged in this pleading, as allowed by law in U.S.C., in an amount to be proved at trial;. Deterrence damages of FIVE MILLION DOLLARS ($,000,000.00) to deter these types of acts and omissions in the future by the parties involved and others similarly situated;. Attorneys fees as allowed by law in U.S.C. ; and BRICKHOUSE COMPLAINT PLEADING -00C
Case :-cv-00-drh-pmf Document Filed 0/0/ Page of Page ID # - -. Such other and further relief as may be just, proper, equitable and allowable, including, pre-judgment and post-judgment interest and costs of this suit. RESPECTFULLY SUBMITTED this th day of May, Law Offices of Haytham Faraj /S/ Haytham Faraj, Esq. () Mason Street Suite 0-A Dearborn, Michigan Attorney for Plaintiffs ORIGINAL of the foregoing filed this th day of May with: Clerk of the Court United States District Court, Southern District of Illinois BRICKHOUSE COMPLAINT PLEADING -00C