Case 1:13-cv-00672-RDB Document 1 Filed 03/04/13 Page 1 of 42

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

TRAEE DARAN LEE, P.O. Box 142 Grasonville, Maryland 21638 Plaintiff, v. QUEEN ANNES COUNTY, MD, a municipal corporation Serve: Patrick E. Thompson, Esq., County Attorney 102 East Main St., Suite 203 Stevensville, Maryland 21666 and DEPUTY VERNELL JOHNSON Individually and in his Official Capacity as a former Queen Annes County Deputy Sheriff Queen Annes County Office of the Sheriff 505 Railroad Avenue Centreville, Maryland 21617 and STATE OF MARYLAND Serve: Nancy K. Kopp State of Maryland Treasurer's Office 80 Calvert Street Goldstein Treasury Building Annapolis, Maryland 21401 Defendants.

*Jury Trial Demanded*

Civil Case No. ____________

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COMPLAINT AND JURY DEMAND COMES NOW, Plaintiff Traee Daran Lee, by and through his attorney, Cary J. Hansel and the law firm of Joseph, Greenwald & Laake, P.A., and sues Defendants, Queen Annes County, Maryland, Deputy Sheriff Vernell Johnson, and the State of Maryland, and as cause therefor states the following: INTRODUCTION 1. This is a civil action brought pursuant to 42 U.S.C. 1983 seeking damages

against the Defendants for violating Plaintiffs civil rights. Because of the Defendants egregious wrongdoing, Traee Daran Lee was forced to spend more than forty days in jail for a crime that he did not commit. 2. Plaintiff Traee Daran Lee also seeks damages against the Defendants for

intentional wrongdoing and acts of negligence under common law. JURISDICTION AND VENUE 3. This action is brought pursuant to 42 U.S.C. 1983, 1985, and 1986, and the

Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. Jurisdiction is proper pursuant to 28 U.S.C. 1331 and 28 U.S.C. 1343, and 28 U.S.C. 1367(a). 4. Venue is proper pursuant to 28 U.S.C. 1391(b). The events giving rise to this

action occurred in Queen Annes County in the District of Maryland. 5. The instant action is filed within three years of the cause of action. PARTIES 6. 7. Plaintiff Traee Daran Lee (Mr. Lee) is an adult Maryland citizen. Defendant Queen Annes County, Maryland is a municipal corporation organized

under the provisions of Art. XI-A of the Maryland Constitution. At all times mentioned,

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Defendant Queen Annes County employed Defendant Deputy Vernell Johnson as a Queen Annes County deputy sheriff. 8. Defendant Deputy Vernell Johnson (Deputy Johnson) was employed by Queen

Annes County as a deputy sheriff and at all times relevant hereto was acting in his individual capacity and in his official capacity as a Queen Annes County deputy sheriff. 9. Defendant State of Maryland has waived any applicable sovereign immunity in

accordance with the Maryland State Tort Claims Act. 10. All other unidentified Queen Annes County sheriff deputies whose conduct is

referred to herein were at all times relevant hereto employed by Queen Annes County as deputies, acting in their official capacities as Queen Annes County sheriff deputies. FACTS COMMON TO ALL COUNTS 11. 12. The amount in controversy exceeds Fifty Thousand Dollars ($50,000.00). On or about March 4, 2010, Deputy Johnson stopped a motor vehicle for driving

through a stop-sign in Grasonville, Maryland. 13. Even though Plaintiff was not driving this vehicle, Deputy Johnson testified under

oath that Plaintiff was driving the vehicle and that the vehicle drove through a stop-sign. Each of these assertions was unequivocally false. 14. On or about April 5, 2010, a warrant was improperly issued for Plaintiffs arrest.

After learning of the arrest warrant, Plaintiff promptly surrendered to the authorities. 15. 16. Plaintiff was incarcerated and released on or about April 7, 2010. During the next two months, Deputy Johnson continually harassed Plaintiff and

his family. This harassment culminated in Plaintiffs arrest on or about June 14, 2000.

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17.

On June 17, 2010, Deputy Johnson provided false testimony during a trial on the

charges for which Plaintiff had been arrested. 18. Based on this false testimony, the judge found Plaintiff guilty of fraud, failure to

stop, and driving while revoked. Relying on Deputy Johnsons false testimony, the judge pronounced, in open court, that the Plaintiffs conduct had been pretty low. The judge sentenced Plaintiff to two months in the Queen Annes County jail. 19. As result of Deputy Johnsons false testimony, Plaintiff was maliciously

prosecuted, falsely convicted, and unlawfully incarcerated. 20. After his second malicious prosecution, Plaintiffs mother, Roberta Roy,

requested an investigation of these two incidents. The resulting investigation revealed material inconsistencies in the States case against Plaintiff. Dashboard video camera evidence suggests that Deputy Johnson perjured himself in the criminal trial. 21. On July 28, 2010, as a result of these inconsistencies, the Queen Annes County

States Attorney entered an order of nolle prosequi for each charge against Plaintiff (Case Number: 0M00018795). 22. During that hearing, the States Attorney is quoted as saying that the dashboard

camera revealed that the recorded events were contrary to what the officer testified to in his police report. The States Attorney also states that there was actually no probable cause for the traffic stop. Given this new evidence, the States Attorney concedes, the State would not have proceeded with the matter. 23. Plaintiff was finally released from custody on or about July 28, 2010, meaning

that he had been unlawfully incarcerated for approximately 41 days.

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24.

As a result of the Defendants actions, Plaintiff has suffered, and continues to

suffer, mental anguish, emotional pain and suffering, and financial loss. 25. 26. excuse. 27. At all times relevant hereto, Defendants acted with an evil and rancorous motive, Defendants actions were outrageous and beyond the bounds of decency. At all times relevant hereto, Defendants acted without legal justification or

influenced by hate, the purpose being to deliberately and willfully injure Mr. Lee. 28. At all times relevant hereto, Defendants acted deliberately, with ill will, improper

motive, and actual malice. 29. At all times relevant hereto, Defendants acted under color and pretense of law,

and under color of statutes, customs, and usages of the State of Maryland. 30. At all times relevant hereto, Defendants acted within the scope of his employment

as a Queen Annes County deputy sheriff. Queen Annes County is therefore vicariously liable for the tortious conduct of its officers. 31. Queen Annes County is vicariously liable for the tortious actions of Deputy

Johnson. Deputy Johnson is liable for his own constitutional and common law torts, including but without limitation: violations of Articles 24 and 26 of the Maryland Declaration of Rights; false arrest; malicious prosecution; false imprisonment; civil conspiracy; invasion of privacy; abuse of process; intentional infliction of emotional distress; gross negligence; and general negligence. Mr. Lee additionally has been receiving medical treatment from the psychiatrist for anxiety and depression, including but not limited to prescription therapy and counseling. Mr. Lee struggles with sleeping and avoids socializing with other people due to his emotional distress from Defendants conduct.

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32.

In the alternative, at all times relevant hereto, the Defendants acted with

negligence and/or gross negligence in violation of the lawful duties owed Mr. Lee. 33. As a direct and proximate result of the aforesaid conduct, actions, and inactions of

Defendants, as well as those stated elsewhere herein, Mr. Lee was caused to suffer and continues to suffer physical pain and mental pain and suffering, including but not limited to, undue emotional distress, mental anguish, humiliation, embarrassment, loss of respect, loss of society, shame, and loss of enjoyment of life. Mr. Lee was caused to suffer and continues to suffer from economic damages, including, but not limited to, lost time and wages from work, lost earning capacity, tuition expenses, and medical bills, all to his great detriment. 34. Plaintiff further alleges that all of his injuries, losses and damages past, present,

and prospective were caused solely by the actions of Defendants, as set forth above, without any negligence, want of due care, or provocation on the part of Plaintiff, either directly or indirectly. COUNT I (Violation of the 4th Amendment to the United States Constitution, 42 U.S.C. 1983 as against all Defendants) 35. Plaintiff adopts and incorporates by reference each and every allegation contained

elsewhere herein verbatim with the same effect as if herein fully set forth. 36. Mr. Lee has, and at all relevant times had, a legitimate claim of entitlement to the

rights in question under the United States Constitution. 37. 42 U.S.C. 1983 provides in pertinent part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an

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action at law, suit in equity, or other proper proceeding for redress. 38. 39. 40. At all times relevant to this matter, Defendants acted under color of law. Mr. Lee was in fear of his safety and life as a result of Defendants acts. A reasonable person in Mr. Lees position would not have believed that he was

able to the leave the encounter. 41. 42. Defendants acts abused their power and were used to oppress Mr. Lee. Defendants acts shocked the conscience and amounted to an inhumane abuse of

power, thereby subjecting Mr. Lee to a deprivation of his rights and privileges as secured by the U.S. Constitution. 43. This action arises under the United States Constitution, particularly under the

provisions of the Fourth Amendment to the United States Constitution, and under federal law, particularly the Civil Rights Act, 42 U.S.C. 1983. 44. Defendants deprived Mr. Lee of rights and privileges secured by the Constitution

and laws of the United States, including his rights under the Fourth Amendment to the United States Constitution, within the meaning of 42 U.S.C. 1983. 45. Defendants engaged in activity that violated Plaintiffs rights as protected under

the Fourth Amendment to the United States Constitution. Mr. Lee had a right to ignore unlawful orders given by the Defendant Deputy. Defendants actions without probable cause infringed those rights. 46. By the actions detailed herein, including, but not limited to, the excessive force

against Plaintiff, the arrest of Plaintiff without probable cause, and the malicious prosecution of Plaintiff, Defendants deprived Plaintiff of his rights under the Fourth Amendment to the United States Constitution.

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47.

Through the conduct described above, Defendants interfered with Mr. Lees

exercise or enjoyment of rights secured by the laws and Constitution of the United States. 48. Defendants and/or any other unnamed officers described above deprived Mr. Lee

of his constitutional rights under the Fourth Amendment to the United States Constitution by arresting him without probable cause, searching him without probable cause, and subjecting him to excessive and unreasonable force. 49. Defendants and/or any other unnamed officers described above committed each of

the wrongful acts alleged in this complaint, and they committed these wrongful acts under the color and pretense of state law, including statutes, ordinances, regulations, customs, and usages of the United States and Maryland, and under the apparent authority of their office as deputy sheriffs and agents for the Sheriffs Office. 50. At all times relevant hereto, Defendants and/or any other unnamed officers

described above were, as part of their regular and official employment, officers of the Sheriffs Office. 51. At all times relevant hereto, Defendants subjected Mr. Lee to the deprivation of

his rights with actual or implied malice, in an unreasonable and unnecessary fashion. 52. As a direct and proximate result of the aforesaid conduct, actions, and inactions of

Defendants, Mr. Lee was caused to suffer and continues to suffer mental pain and suffering, including but not limited to, undue emotional stress, mental anguish, humiliation, embarrassment, loss of respect, shame, loss of enjoyment of life and liberty, economic damages including, but not limited to, past and future medical bills and expenses, past and future lost time and wages from work, past and future lost earning capacity, and unnecessary attorneys fees, all to his great detriment.

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53.

As a direct and proximate result of the false arrest made in front of Mr. Lees

girlfriend and a large group of bystanders, Mr. Lee suffered extreme embarrassment, degradation, and emotional anguish. 54. As a direct and proximate result of Defendants unconstitutional acts, Mr. Lee

suffered humiliation and extreme mental and post-traumatic emotional distress. 55. As a direct and proximate result of Defendants unconstitutional acts, Mr. Lee

suffered physical injury, pain, and anguish. 56. As a further proximate result of Defendants unconstitutional acts, Mr. Lee

incurred expenses, and lost income as a result of his inability to transact his usual business. 57. 58. Defendants acts were a foreseeable cause of the injuries sustained by Mr. Lee. The Sheriffs Office is vicariously liable for the constitutional violations of its

deputy sheriffs. 59. At no time did Mr. Lee cause or contribute to his injuries, search, seizure,

imprisonment, or abuse. 60. All of Mr. Lees injuries, losses, and damages past, present and prospective

were caused solely by the conduct, actions, inactions of Defendants, as set forth herein, without any negligence, want of due care, or provocation on the part of Plaintiff, either directly or indirectly. 61. Defendants and/or any other unnamed officers described above committed each of

the acts knowingly, intentionally, and maliciously. As a result, Mr. Lee is entitled to an award of compensatory and punitive damages. WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually, jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus

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interest, costs, and attorneys fees, and punitive damages, in an amount to be determined at trial, but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further relief as the nature of the case requires. COUNT II (42 U.S.C. 1983 14th Amendment Due Process as against all Defendants) 62. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 63. This cause of action is brought by the Plaintiff against the Defendants for the

deprivation of his constitutional rights, within the meaning of 42 U.S.C. 1983. 64. The Defendants deprived Lee of rights and privileges secured by the Constitution

and laws of the United States, within the meaning of 42 U.S.C. 1983. 65. As a direct and proximate result of the Defendants unconstitutional acts, Lee

suffered deprivations of his civil rights, mental and emotional damages, and financial damages. 66. Through the conduct described above, the Defendants interfered with Lees

exercise or enjoyment of rights secured by the laws and Constitution of the United States. 67. This action arises under the United States Constitution, particularly under the

provisions of the Fourteenth Amendment of the United States Constitution, and under federal law, particularly the Civil Rights Act, 42 U.S.C. 1983. 68. The Defendants deprived Lee of his constitutional rights under the Fourteenth

Amendment of the United States Constitution by arresting him without probable cause, maliciously prosecuting him, harassing him, and falsely imprisoning him for more than forty days, depriving him of due process of law. 69. The Defendants described above committed each of the wrongful acts alleged in

this complaint, and they committed these wrongful acts under the color and pretense of state law,

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including statutes, ordinances, regulations, customs, and usages of the United States and the State of Maryland, and under the apparent authority of their office as officers and agents of Queen Annes County. 70. imprisonment. 71. Queen Annes County and the State of Maryland are vicariously liable for the At no time did Traee Daran Lee cause or contribute to his arrest, seizure, or

constitutional violations of its law enforcement officers. 72. Deputy Johnson committed each of the acts knowingly, intentionally, and

maliciously. As a result, Plaintiff is entitled to an award of compensatory and punitive damages. 73. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT III (42 U.S.C. 1983 Monell Claim as against all Defendants) 74. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 75. The Queen Annes County Sheriffs Office failed to adequately train, supervise,

and discipline its officers. The Queen Annes County Sheriffs Office failed to adequately train and supervise its officers in proper conduct.

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76.

The failure to properly train, supervise, and discipline officers demonstrates a

gross disregard for the constitutional rights of the public and those of Traee Daran Lee, and was a proximate cause of Mr. Lees injuries. 77. The Queen Annes County Sheriffs Office has instituted and maintained formal

and informal customs, policies, and practices that foster, promote and encourage deputies to engage in misconduct and to deprive individuals of their constitutional rights. Without any limitation whatsoever, among the facts supporting a pattern and practice of the type of unlawful behavior here are the following statements and examples: a. On May 12, 2011, Queen Annes County deputy John Dennis Hofmann pled guilty to second-degree assault after groping a woman inside his patrol car in August 2009. Deputy Hofmann is the brother of the Queen Annes County Sheriff, Gary Hofmann. Hofmann remains employed by the Queen Annes Sheriffs Office. b. In August 2007, the Queen Annes County Sheriffs Office suspended three deputies for misconduct that occurred during a traffic stop. The misconduct concerned violations of departmental policies and procedures having to do with vehicle searches. After the investigation, all three deputies were reinstated even though two deputies had been found to have violated policies and procedures. c. On March 17, 2004, Queen Annes County Deputy Sheriff Mark Barbre shot and paralyzed Andrew Pope, III during a traffic stop. Deputy Barbre had signaled for Pope to stop and pull over, but Pope continued to drive his vehicle until he reached his house, where he exited his vehicle and raised his hands in surrender. Deputy Barbre shot his firearm at Pope, striking him in the neck, paralyzing him. 78. The policies and customs of the Queen Annes County Sheriffs Office, as set

forth herein, demonstrate a gross disregard for the constitutional rights of the public and Traee Daran Lee. At the time of the injury to Traee Daran Lee, the Queen Annes County Sheriffs Office was operating under unconstitutional customs, policies, and procedures. These customs, policies, and procedures were a direct and proximate cause of the injuries and damages at issue in this Complaint.

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79.

Traee Daran Lee spent over forty days in jail for a crime he never committed, and

was subjected to continuing harassment by a deputy of the Queen Annes County Sheriffs Office. These actions were a direct and proximate result of the Defendants misconduct as detailed herein, which misconduct was in keeping with the policies, as evidenced by the pattern and practice outlined above, of the Queen Annes County Sheriffs Office. 80. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT IV (42 U.S.C. 1985 - Conspiracy as against all Defendants) 81. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 82. The Defendants each conspired with the other to violate the constitutional rights

of Traee Daran Lee, and to directly and proximately cause his injuries and violate his constitutional rights, as well as the other damages at issue here. 83. The Defendants each took affirmative steps towards the conspiracy by unlawfully

arresting, harassing, maliciously prosecuting, and wrongfully imprisoning Lee based upon discriminatory animus.

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84.

Queen Annes County and the Queen Annes County Sheriffs Office took

affirmative steps towards the conspiracy by failing and refusing to properly train and supervise its officers, creating an environment in which the conspiracy here was permitted. 85. This conspiracy denied the Plaintiff his due process rights, equal protection and

equal privileges and immunities under the law. 86. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT V (42 U.S.C. 1986 Neglect to Prevent Conspiracy as against all Defendants) 87. Plaintiff adopts and incorporates by reference each and every allegation contained

elsewhere herein verbatim with the same effect as if herein fully set forth. 88. Defendants conspired with others to violate the constitutional rights of Mr. Lee

and to directly and proximately cause his injuries, as well as the other damages at issue here. 89. Defendants and other officers had knowledge that failing to discipline, properly

train, and/or fire the Defendant Deputy Sheriff for his propensity to escalate petty slights into violent confrontations, thereby created an environment in which the conspiracy was permitted. 90. The Sheriffs Office had knowledge that its officers requested a warrant under

false pretenses, that they physically assaulted Mr. Lee, that they conducted a false arrest, that

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they falsely imprisoned Mr. Lee for more than 40 days, that they permitted the application of false charges, and finally, that they attempted to cover up the entire affair. 91. The Sheriffs Office had the power to prevent or aid in preventing the conspiracy

through proper training, hiring, and retention policies for employees. 92. conspiracy. 93. This conspiracy denied Mr. Lee equal protection and equal privileges and The Sheriffs Office neglected or refused to prevent or aid in preventing the

immunities under the law. 94. As a direct and proximate result of the aforesaid conduct, actions, and inactions of

Defendants, Mr. Lee was caused to suffer and continues to suffer mental pain and suffering, including but not limited to, undue emotional stress, mental anguish, humiliation, embarrassment, loss of respect, shame, loss of enjoyment of life and liberty, economic damages including, but not limited to, past and future medical bills and expenses, past and future lost time and wages from work, past and future lost earning capacity, and unnecessary attorneys fees, all to his great detriment. WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually, jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus interest, costs, and attorneys fees, and punitive damages, in an amount to be determined at trial, but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further relief as the nature of the case requires.

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COUNT VI (Violation of Maryland Declaration of Rights Article 24 as against all Defendants) 95. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 96. Defendants engaged in activity that violated Mr. Lees rights as protected under

the Maryland Constitution. 97. Defendants unlawfully seized Plaintiff without legal justification or excuse,

thereby injuring Plaintiff by depriving him of his liberty, without due process of law, in violation of Article 24 of the Maryland Declaration of Rights. 98. By the actions detailed herein, Defendants deprived Plaintiff of his rights under

Article 24 of the Maryland Declaration of Rights, including, but not limited to: (a) freedom from imprisonment and seizure of freehold, liberty and privilege without due process, and without judgment of her peers; (b) freedom from the deprivation of liberty without due process of the law, and without the judgment of her peers; (c) freedom from the deprivation of property without due process of the law, and without the judgment of his peers; (d) (e) 99. freedom from the abuse of power by the police; and freedom from summary punishment.

Mr. Lee has a protected property and liberty interest in his freedom, his ability to

exercise his free will and domain over his person, his ability to free from unlawful and excessive police force, and his ability to practice his chosen profession and earn a living thereby.

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100. interests. 101.

Defendants deprived Mr. Lee of numerous protected property and liberty

Defendants afforded Mr. Lee less process than was due under law by depriving

him of the rights in question. 102. 103. Plaintiff was deprived of numerous protected property interests by Defendants. Plaintiff was afforded less process than was due under law by Defendants in

depriving him of the rights in question. 104. Defendants falsely arrested Mr. Lee for a crime he did not commit thus depriving

him of his constitutional rights under Article 24 of the Maryland Declaration of Rights, including, but not limited to, freedom from abuse of power by the police. 105. Defendants, at all times relevant hereto, acted under the color of State law and in

a manner which was not objectively reasonable. 106. interests. 107. Defendants afforded Mr. Lee less process than was due under the law by Defendants deprived Mr. Lee of numerous protected property and liberty

depriving him of the rights in question. 108. As a direct and proximate result of Defendants conduct, Mr. Lee suffered the

emotional injuries, physical injuries, and financial damages described above. 109. Plaintiff further alleges that all of his injuries, losses and damages past, present,

and prospective were caused solely by the actions of Defendants, as set forth above, without any negligence, want of due care, or provocation on the part of Plaintiff, either directly or indirectly.

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WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually, jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus interest, costs, and attorneys fees, and punitive damages, in an amount to be determined at trial, but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further relief as the nature of the case requires. COUNT VII (Violation of Maryland Declaration of Rights Article 26 as against all Defendants) 110. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 111. Defendants engaged in activity that violated Mr. Lees rights as protected under

the Maryland Constitution. 112. Defendants unlawfully searched and seized Plaintiff in violation of Mr. Lees

rights under Article 26 of the Maryland Declaration of Rights to be free from unlawful seizures. 113. Defendants engaged in activity that violated Mr. Lees rights as protected under

the Maryland Constitution. 114. Defendants actions, including, but not limited to, the use of excessive force and

the impounding of Plaintiffs vehicle, deprived Plaintiff of his rights under the Maryland Declaration of Rights, including, but not limited to: (a) freedom from imprisonment and seizure of freehold, liberty and privilege without due process, and without judgment of his peers; (b) freedom from the deprivation of liberty without due process of the law, and without the judgment of his peers;

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(c)

freedom from the deprivation of property without due process of the law, and without the judgment of his peers;

(d) (e) 115.

freedom from the abuse of power by the police; and freedom from summary punishment.

Mr. Lee has a protected property and liberty interest in his freedom, his ability to

exercise his free will and domain over his person, his ability to be free from unlawful and excessive police force, and his ability to practice his chosen profession and earn a living thereby. 116. Defendants falsely arrested Mr. Lee for a crime he did not commit thus depriving

him of his constitutional rights under Article 26 of the Maryland Declaration of Rights, including, but not limited to, freedom from abuse of power by the police. 117. Defendants, at all times relevant hereto, acted under the color of State law and in

a manner which was not objectively reasonable. 118. interests. 119. Defendants afforded Mr. Lee less process than was due under the law by Defendants deprived Mr. Lee of numerous protected property and liberty

depriving him of the rights in question. 120. As a direct and proximate result of Defendants conduct, Mr. Lee suffered the

emotional injuries, physical injuries, and financial damages described above. 121. Plaintiff further alleges that all of his injuries, losses and damages past, present,

and prospective were caused solely by the actions of Defendants, as set forth above, without any negligence, want of due care, or provocation on the part of Plaintiff, either directly or indirectly.

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WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually, jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus interest, costs, and attorneys fees, and punitive damages, in an amount to be determined at trial, but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further relief as the nature of the case requires. COUNT VIII (False Arrest as against all Defendants) 122. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 123. Deputy Johnson caused an arrest warrant to be improperly issued on or about

April 5, 2010. Upon learning of this warrant, Plaintiff promptly surrendered to the authorities. 124. On or about June 14, 2010, Plaintiff was arrested without probable cause to

support the arrest. 125. 126. Each of these two actions amounted to the false arrest of Plaintiff. The conduct of the individual defendant, Deputy Johnson, was extreme and

outrageous and beyond the bounds of decency in society. 127. 128. 129. The Defendants conduct was willful and intentional. Each of the two arrests unlawfully caused the false imprisonment of Plaintiff. The above-described false arrests were an abuse of the privilege of detention, and

Deputy Johnson and/or other state and county officials, acting within the scope of his/their employment, acted in detaining Plaintiff without the proper right to do so. 130. Plaintiff was forced by agents, servants, officers and employees of Queen Annes

County and the State of Maryland, through the action of Deputy Johnson, to submit to such arrest and detention, as well as the indignities and humiliations described above.

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131.

Defendants failed to follow normal and accepted police practices and procedures

in the false arrest of Plaintiff. 132. his liberty. 133. 134. Plaintiff did not consent to the restraint of his liberty. The deprivation of Plaintiffs liberty was without any legal justification and was Defendants intentionally and unlawfully restrained Plaintiff and deprived him of

done deliberately. 135. 136. The Defendants aforesaid acts were undertaken deliberately. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT IX (False Imprisonment as against all Defendants) 137. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 138. Defendants restrained Plaintiffs liberty by acts including, but not limited to,

physically taking hold of his person, applying handcuffs to him, and arresting and imprisoning him.

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139.

Defendants actions caused Plaintiff to be unlawfully deprived of his liberty on

two separate occasions. First, on or about April 7, 2010. Second, from June 17, 2010, until July 28, 2010. 140. occasion. 141. each occasion. 142. 143. Defendants confinement of Plaintiff was complete on each occasion. Defendants acted with the specific intent to deprive Plaintiff of his physical Plaintiff was conscious of and harmed by the unlawful restriction of his liberty on Plaintiff did not consent to the deprivation of his liberty by Defendants on either

freedom and liberty and to imprison him on each occasion. 144. 145. Defendants had no legal authority to arrest Plaintiff on either occasion. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT X (Malicious Prosecution as against all Defendants) 146. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.

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147.

Defendants initiated and continued a criminal proceeding against Plaintiff without

proper justification. 148. The criminal case terminated in favor of Plaintiff. On July 28, 2010, the Queen

Annes County States Attorney entered an order of Nolle Prosequi for each charge against Plaintiff. 149. against him. 150. The prosecution of Plaintiff in the criminal case was undertaken with malice There was no probable cause for Plaintiffs arrest, detention or the criminal case

and/or a purpose other than bringing Plaintiff to justice. 151. Defendants caused the criminal prosecution of Plaintiff by falsely asserting that

he had committed various crimes, which Defendants knew that Plaintiff had not committed. 152. 153. 154. 155. Defendants relied on perjured testimony in their criminal prosecution of Plaintiff. Defendants actions constituted malicious prosecution. Defendants aforesaid acts were undertaken deliberately. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs.

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COUNT XI (Abuse of Process as against all Defendants) 156. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 157. Deputy Johnson took advantage of the ordinary criminal process to harass

Plaintiff and his family, for a period of two months. 158. 159. 160. 161. Deputy Johnsons actions were willful. This type of harassment is not contemplated by law. Deputy Johnson engaged in this harassment for ulterior motives and out of ill will. Plaintiff was damaged by Deputy Johnsons perverted use of the criminal process

by being subject to unwanted harassment over a two-month period. 162. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XII (Invasion of Privacy as against all Defendants) 163. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.

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164.

Deputy Johnson invaded Plaintiffs privacy by continually harassing him and his

family over a two-month period. 165. This harassment constituted an unreasonable intrusion upon the seclusion and

private affairs of Plaintiff and his family. 166. 167. person. 168. As a direct and proximate result of the aforesaid conduct, actions and inactions of Defendant Johnsons actions were intentional. Defendant Johnsons harassing conduct would be highly offensive to a reasonable

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XIII (Civil Conspiracy as against all Defendants) 169. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 170. Defendants, by agreement and understanding, agreed to and did jointly commit

the unconstitutional, unlawful and tortious conduct described herein by unlawful and tortious means, including but not limited to: conducting a traffic stop without probable cause to support the stop, using false testimony to swear out an arrest warrant, harassing P and his family for two continuous months, arresting Plaintiff without probable cause, maliciously prosecuting Plaintiff

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with false charges filed against him, using Deputy Johnsons perjured testimony at trial, and convicting and incarcerating Plaintiff under false pretenses. 171. conspiracy. 172. Plaintiff suffered, and continues to suffer, actual legal damage as a direct and Each Defendant took at least one unlawful action in knowing furtherance of the

proximate result of Defendants actions. 173. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XIV (Intention Infliction of Emotional Distress as against all Defendants) 174. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 175. Deputy Johnson and/or other state and county officials arrested Plaintiff under

false pretenses, engaged in malicious prosecution, provided perjured testimony during trial, falsely convicted Plaintiff, falsely imprisoned Plaintiff, and harassed Plaintiff and his family over a two-month period, violating Plaintiffs constitutional rights. This conduct was intentional or reckless. These tortious acts and egregious violations of Plaintiffs constitutional rights are certain or substantially certain to result in severe emotional distress.

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176.

Defendants conduct in assaulting, harassing, falsely arresting, maliciously

prosecuting, falsely convicting, falsely and pretextually imprisoning Plaintiff, and violating Plaintiffs constitutional rights, was extreme and outrageous. Defendants conduct is beyond all possible bounds of decency and utterly intolerable in a civilized society. 177. Plaintiff has suffered mental and emotional distress of a severe nature, as

demonstrable by continuing physical and emotional symptoms. 178. There is a causal connection between the Defendants and/or other state and

county officials wrongful conduct and the Plaintiffs emotional distress. 179. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XV (Negligent Hiring) 180. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 181. At all times relevant hereto, Deputy Johnson was employed by Queen Annes

County as a deputy sheriff, and was acting in his official capacity as a Queen Annes County deputy sheriff.

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182. deputies. 183.

Defendant Queen Annes County owed the Plaintiff a duty to hire competent

Defendant Queen Annes County breached its duty to hire competent deputy

sheriffs who would not violate citizens civil rights. Deputy Johnsons and/or other Queen Annes County deputy sheriffs violation of Plaintiffs and other citizens civil rights demonstrated that they were incompetent to provide law enforcement services. Defendant Queen Annes County hired Queen Annes County deputy sheriffs that would violate citizens civil rights. 184. Defendant Queen Annes County knew or should have known, at the time of

hiring Deputy Johnson and/or other Queen Annes County deputy sheriffs who violated Plaintiffs rights, of these individuals propensity to violate citizens civil rights. 185. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XVI (Negligent Training and Supervision) 186. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 187. At all times relevant hereto, Deputy Johnson and/or other Queen Annes County

deputy sheriffs were employed by Queen Annes County as deputy sheriffs.

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188.

Defendant Queen Annes County had a duty to train and supervise competent

deputy sheriffs. 189. Defendant Queen Annes County breached its duty to train and supervise

competent deputy sheriffs such that they would not violate Plaintiffs and other citizens civil rights and/or commit tortious acts against them. Deputy Johnsons and/or other Queen Annes County deputy sheriffs violations of Plaintiffs and other citizens civil rights and the commission of tortious acts against Plaintiff and other citizens demonstrated that they were improperly trained and supervised to provide law enforcement services. Defendant Queen Annes County trained and supervised Queen Annes County deputy sheriffs such that these deputies would violate citizens civil rights. 190. The State has failed and refused to properly train and supervise Deputy Johnson

and/or other Queen Annes County deputy sheriffs regarding the rights of Maryland citizens to be secure from false arrest, malicious prosecution, perjured testimony, false conviction, and false imprisonment. 191. The State has failed and refused to properly train and supervise Deputy Johnson

and/or other Queen Annes County deputy sheriffs not to commit the wrongs alleged elsewhere herein. 192. The State has a duty to individuals such as Plaintiff to properly train and supervise

deputies such that they do not violate the rights of citizens. 193. The State breached its duty to Plaintiff and others by failing and refusing to

properly train and supervise Deputy Johnson and/or other Queen Annes County deputy sheriffs. 194. As a direct and proximate result of the States negligent training and supervision

of Deputy Johnson and/or other Queen Annes County deputy sheriffs, Deputy Johnson and/or

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other Queen Annes County deputy sheriffs committed the other wrongs alleged in this case against Plaintiff. 195. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XVII (Negligent Retention) 196. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 197. At all times relevant hereto, Deputy Johnson and/or other Queen Annes County

deputy sheriffs were employed by Queen Annes County as deputy sheriffs. 198. sheriffs. 199. Defendant Queen Annes County breached its duty to retain only competent Defendant Queen Annes County had a duty to retain only competent deputy

deputies. Defendant Queen Annes County knew or should have known of Deputy Johnsons and/or other Queen Annes County deputy sheriffs propensity to commit tortious acts and/or violate citizens civil rights. Deputy Johnsons and/or other Queen Annes County deputy sheriffs propensity to commit tortious acts and/or violate citizens civil rights rendered them incompetent to act as Queen Annes County deputy sheriffs. Defendant Queen Annes County was negligent in failing to discharge officers it knew or should have known had a propensity to

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violate citizens civil rights and commit tortious acts such that Deputy Johnsons and/or other Queen Annes County deputy sheriffs would not violate Plaintiffs civil rights and/or commit tortious acts against him. 200. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XVIII (Unlawful Custom, Pattern, or Practice of Improper Conduct as against all Defendants) 201. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 202. The false arrest, malicious prosecution, use of perjured testimony during criminal

trials, false conviction, and false imprisonment of detainees occurs so frequently that it has become accepted manner by Defendants. This is a result of the Defendants failure to establish effective procedures, rules, orders, guidelines and practices to ensure that such actions will not occur and to ensure that allegations of wrongdoing will be thoroughly investigated and appropriately punished when found to have occurred. As a result of this failure, there has been a regular pattern and practice of false arrest, malicious prosecution, use of perjured testimony during criminal trials, false conviction, and false imprisonment of detainees. This pattern and practice has been manifested in other prior incidents with Queen Annes County deputy sheriffs.

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203.

Queen Annes County has failed to effectively instruct officers that they have a

duty to prevent and report false arrests, malicious prosecutions, the use of perjured testimony during criminal trials, false convictions, and the false imprisonment of detainees when it occurs. 204. The policies and customs of Queen Annes County, as set forth herein,

demonstrate a gross disregard for the constitutional rights of the public and the Plaintiff. At the time of the injury to Plaintiff, Deputy Johnson and/or other Queen Annes County deputy sheriffs were operating under unconstitutional customs, policies, and procedures of Queen Annes County. These customs, policies, and procedures were a proximate cause of the Plaintiffs injuries. 205. As a direct and proximate result of the aforesaid conduct, actions and inactions of

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XIX (Gross Negligence as against all Defendants) 206. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth. 207. Deputy Johnson acted with a wanton and reckless disregard for Plaintiffs civil

rights by conducting an illegal traffic stop, causing an improper warrant to issue, harassing

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Plaintiff and his family during a two-month period, by committing perjury during Plaintiffs criminal trial, and by causing Plaintiff to be falsely convicted and imprisoned. 208. Deputy Johnson intentionally failed to perform his duties as a deputy sheriff by

conducting an illegal traffic stop, causing an improper warrant to issue, by harassing Plaintiff and his family during a two-month period, by committing perjury during Plaintiffs criminal trial, and by causing Plaintiff to be falsely convicted and imprisoned. 209. Deputy Johnsons conduct demonstrated a thoughtless disregard of the

consequences of his actions and he showed no effort to avoid these consequences. 210. Deputy Johnsons conduct demonstrated an indifference to Plaintiffs civil rights

to the point where he acted as if such rights did not exist. 211. conduct. 212. As a direct and proximate result of the aforesaid conduct, actions and inactions of Deputy Johnson intentionally inflicted injuries on Plaintiff through his wrongful

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XX (General Negligence as against all Defendants) 213. Plaintiff adopts and incorporates by reference each and every allegation contained

in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.

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214. 215.

Deputy Johnson owed Plaintiff a duty of care. Deputy Johnson breached that duty of care by conducting an illegal traffic stop,

causing an improper warrant to issue, harassing Plaintiff and his family during a two-month period, by committing perjury during Plaintiffs criminal trial, and by causing Plaintiff to be falsely convicted and imprisoned. 216. duty of care. 217. As a direct and proximate result of the aforesaid conduct, actions and inactions of Plaintiff suffered damages as a direct result of Deputy Johnsons breach of his

Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues to suffer the mental, emotional and economic damages described above. WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants, Queen Annes County, Maryland, Deputy Johnson, and the State of Maryland, jointly and severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys fees, interest and costs. COUNT XXI (Negligent Entrustment) 218. Plaintiff adopts and incorporates by reference each and every allegation contained

in the foregoing paragraphs verbatim with the same effect as if herein fully set forth. 219. Defendant Queen Annes County had a duty to use reasonable care to select

officers who are competent and fit to perform the duties of a Queen Annes County Deputy Sheriff. 220. The Defendant Deputy Sheriff was an employee of Queen Annes County at the

time of the events described herein.

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221.

Defendant Queen Annes County armed the Defendant Deputy Sheriff by

supplying him with weapons and the authority to arrest. 222. The Defendant Deputy Sheriff, armed by Queen Annes County, employed those

weapons against Plaintiff in an unlawful, unconstitutional, and tortious manner. 223. Defendant Queen Annes County had constructive and/or actual knowledge of

Defendants tendencies for violence and unlawful and unconstitutional behavior. 224. Because of his tendencies and conduct, Queen Annes County knew or reasonably

should have known that the Defendant Deputy Sheriff would be likely to use those that authority in a manner involving unreasonable risk of physical harm to the public and to Mr. Lee. 225. Defendant Queen Annes County knew or reasonably should have known that the

public and Mr. Lee would be endangered by arming the Defendant Deputy Sheriff with the weapons and authority supplied to them by Queen Annes County. 226. Defendant Queen Annes County knew or reasonably should have known of

Defendants propensity for violence, lack of control, and dangerous behavior. 227. As a direct and proximate result of the Defendants acts and omissions in this

case, Mr. Lee was caused to sustain injuries including, but not limited to temporary and permanent physical injuries, physical pain and suffering, mental pain and suffering, including but not limited to, undue emotional distress, mental anguish, humiliation, embarrassment, loss of respect, shame, loss of enjoyment of life and disability, and economic damages. 228. Had Defendants employer, Queen Annes County, exercised reasonable diligence

and care, it would have known that the Defendant Deputy Sheriff were capable of inflicting this type of harm on the unsuspecting public, including Mr. Lee.

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229.

Queen Annes County failed to use proper care in entrusting the Defendant

Deputy Sheriff with weapons and the authority to arrest. 230. Furthermore, since Queen Annes County knew and/or reasonably should have

known that the Defendant Deputy Sheriff would come into contact with the public, it should have made reasonable inquiry before supplying the Defendant Deputy Sheriff with weapons and the authority to arrest in order to ascertain his fitness to carry his duties in a lawful and proper manner. 231. 232. 233. Defendants aforesaid acts were undertaken deliberately. At all times relevant hereto, Defendants acted with ill will and actual malice. As a direct and proximate result of Defendants conduct, Mr. Lee suffered the

emotional injuries, physical injuries, and financial damages described above. 234. Plaintiff further alleges that all of his injuries, losses and damages past, present,

and prospective were caused solely by the actions of Defendants, as set forth above, without any negligence, want of due care, or provocation on the part of Plaintiff, either directly or indirectly. WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendant Queen Annes County, MD and the State of Maryland in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus interest, costs, and attorneys fees, and punitive damages, in an amount to be determined at trial, but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further relief as the nature of the case requires.

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COUNT XXII (Violation of the 5th Amendment to the United States Constitution, 42 U.S.C. 1983 as against all Defendants) 235. Plaintiff adopts and incorporates by reference each and every allegation contained

elsewhere herein verbatim with the same effect as if herein fully set forth. 236. 42 U.S.C. 1983 provides in pertinent part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. 237. This action arises under the United States Constitution, particularly under the

provisions of the Fifth Amendment to the United States Constitution, and under federal law, particularly the Civil Rights Act, 42 U.S.C. 1983. 238. Defendants deprived Mr. Lee of rights and privileges secured by the Constitution

and laws of the United States, including his rights under the Fifth Amendment to the United States Constitution, within the meaning of 42 U.S.C. 1983. 239. Mr. Lees Fifth Amendment rights were violated when he was subjected to

interrogation, while in custody, before and after he received his Miranda rights. 240. Through the conduct described above, Defendants interfered with Mr. Lees

exercise or enjoyment of rights secured by the laws and Constitution of the United States 241. The Defendant Deputy Sheriff and/or any other unnamed officers described above

deprived Mr. Lee of his constitutional rights under the Fifth Amendment to the United States Constitution by depriving him of due process of law. 242. The Defendant Deputy Sheriff and/or any other unnamed officers described above

committed each of the wrongful acts alleged in this complaint, and they committed these

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wrongful acts under the color and pretense of state law, including statutes, ordinances, regulations, customs, and usages of the United States and the State of Maryland, and under the apparent authority of their office as Deputy Sheriffs and agents for the Queen Annes County Office of the Sheriff. 243. At the above time and place, the Defendant Deputy Sheriff and/or any other

unnamed officers described above were, as part of their regular and official employment, officers of the Queen Annes County Office of the Sheriff. 244. As a direct and proximate result of Defendants unconstitutional acts, Mr. Lee

suffered humiliation and extreme mental and post-traumatic emotional distress. 245. As a direct and proximate result of Defendants conduct and actions, Mr. Lee will

continue to endure mental anguish in the future. 246. As a further proximate result of Defendants unconstitutional acts, Mr. Lee

incurred expenses, and lost income as a result of his inability to transact his usual business. 247. At no time did Mr. Lee cause or contribute to his injuries, search, seizure,

imprisonment, or abuse. 248. The Defendant Deputy Sheriff and/or any other unnamed officers described above

committed each of the acts knowingly, intentionally, and maliciously. As a result, Mr. Lee is entitled to an award of compensatory and punitive damages. 249. Plaintiff further alleges that all of his injuries, losses and damages past, present,

and prospective were caused solely by the actions of Defendants, as set forth above, without any negligence, want of due care, or provocation on the part of Plaintiff, either directly or indirectly.

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WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually, jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus interest, costs, and attorneys fees, and punitive damages, in an amount to be determined at trial, but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further relief as the nature of the case requires. COUNT XXIII (Reckless Endangerment as against all Defendants) 250. Plaintiff adopts and incorporates by reference each and every allegation contained

elsewhere herein verbatim with the same effect as if herein fully set forth. 251. 252. and welfare. 253. Defendants action of recklessly assaulting Mr. Lee and the actions of the Queen Defendants recklessly acted with intent to seriously injure Mr. Lee. Defendants actions were taken in reckless disregard for Mr. Lees health, safety,

Annes County Office of the Sheriff employees who allowed this to occur placed Mr. Lee in imminent fear for his life. 254. Defendants actions and those of the actors complicity involved who allowed this

to occur were intentional, reckless, and done with a callous disregard for the safety of Mr. Lee. 255. As a direct and proximate result of the conduct and actions of Defendants,

Plaintiff was caused to lose considerable time and wages from work, and to suffer great mental anguish, humiliation, embarrassment, loss of respect, shame, loss of enjoyment of life, disability and loss of earning capacity, all to his detriment. 256. As a direct and proximate result of Defendants conduct and actions, Plaintiff will

continue to endure mental anguish in the future.

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257.

As a further direct and proximate result of the conduct and actions of Defendants,

Plaintiff suffered, and will continue to suffer, severe and extreme emotional distress, lost time and wages from work, mental anguish, humiliation, embarrassment, loss of respect, shame, loss of enjoyment of life, disability and loss of earning capacity, all to his detriment. 258. Plaintiff further alleges that all of his injuries, losses and damages past, present,

and prospective were caused solely by the actions of Defendants, as set forth above, without any negligence, want of due care, or provocation on the part of Plaintiff, either directly or indirectly. WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually, jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus interest, costs, and attorneys fees, and punitive damages, in an amount to be determined at trial, but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further relief as the nature of the case requires. JURY DEMAND Plaintiff demands a jury trial as to all claims so triable.

Respectfully submitted, JOSEPH, GREENWALD & LAAKE, P.A.

______/s/______________________________ Cary J. Hansel (Bar No. 14722) 6404 Ivy Lane, Suite 400 Greenbelt, Maryland 20770 (301) 220-2200 (O) (301) 220-1214 (F) chansel@jgllaw.com Counsel for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

TRAEE DARAN LEE, P.O. Box 142 Grasonville, Maryland 21638 Plaintiff, v. QUEEN ANNES COUNTY, MD, a municipal corporation Serve: Patrick E. Thompson, Esq., County Attorney 102 East Main St., Suite 203 Stevensville, Maryland 21666 and DEPUTY VERNELL JOHNSON Individually and in his Official Capacity as a former Queen Annes County Deputy Sheriff Queen Annes County Office of the Sheriff 505 Railroad Avenue Centreville, Maryland 21617 and STATE OF MARYLAND Serve: Nancy K. Kopp State of Maryland Treasurer's Office 80 Calvert Street Goldstein Treasury Building Annapolis, Maryland 21401 Defendants.

*Jury Trial Demanded*

Civil Case No. ____________

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LINE REGARDING SUMMONSES SIR/MADAM CLERK: Kindly accept the attached Complaint and Jury Demand for filing, issue summonses thereon, and return to undersigned counsel for service by private process.

Respectfully submitted, JOSEPH, GREENWALD & LAAKE, P.A.

______/s/________________________ Cary J. Hansel (Bar No. 14722) 6404 Ivy Lane, Suite 400 Greenbelt, Maryland 20770 (301) 220-2200 (O) (301) 220-1214 (F) chansel@jgllaw.com Counsel for Plaintiff

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