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vs.
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56.Plaintiff has suffered damages including, but not limited to, pain and
suffering relating to being arrested, embarrassment, damage to
property, and loss of liberty as a result of the Defendants unlawful
conduct.
57.Plaintiff sues defendant Dawson in his individual and official
capacities.
58.Defendant John Wilson has an obligation to adequately train his
deputy sheriffs so as to avoid a policy, custom, or practice of violating
the rights of citizens.
59.Defendant Clare County has an obligation to adequately train its
deputy sheriffs so as to avoid a policy, custom, or practice of violating
the rights of citizens.
60.Clare County has failed to adequately train Defendant Dawson
regarding the Fourth Amendment.
61.Defendant Wilson has failed to adequately train Defendant Dawson.
62.A reasonable officer with adequate training would have known that
the actions of Defendant Dawson complained of herein would violate
the rights of Plaintiff.
COUNT I FOURTH AMENDMENT VIOLATION (CURTILAGE)
63.Plaintiff alleges and realleges the preceding paragraphs with the same
force and effect as if fully set forth herein.
64.Plaintiffs constitutionally protected rights include the right to be
secure in his home from unreasonable searches and seizures as
provided for by the Fourth Amendment, made actionable by 42 U.S.C.
1983.
65.Defendant Dawsons trespass onto the curtilage and looking into the
windows without the benefit of a search warrant or a valid exception
to the warrant requirement was a violation of Plaintiffs rights.
66.Reasonable police officers should have known of these rights, and
therefore, Defendants are not cloaked with qualified immunity.
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for the injuries and damages, compensatory and punitive, so wrongfully sustained
by Plaintiff together with interest, costs, and attorney fees under 42 USC 1988.
COUNT III FOURTH AMENDMENT VIOLATION (FALSE
IMPRISONMENT)
75.Plaintiff alleges and realleges the preceding paragraphs with the same
force and effect as if fully set forth herein
76.Plaintiffs constitutionally protected rights include the right to be
secure in his home and person from unreasonable searches and
seizures as provided for by the Fourth Amendment, made actionable
by 42 U.S.C. 1983.
77.Defendant Dawson arrested Plaintiff without probable cause to
believe he had committed a crime or had violated his probation.
78.Defendant Dawson was without lawful authority to detain Plaintiff.
79.Defendant detained Plaintiff without cause.
80.The seizure of Plaintiff by Defendants was a violation of Plaintiffs
rights.
81.Reasonable police officers should have known of these rights, and
therefore, Defendants are not cloaked with qualified immunity.
82.As a direct and proximate result of Defendants actions, Plaintiff
suffered a loss of his liberty, suffered humiliation, and other damages.
WHEREFORE, Plaintiff requests this Court enter Judgment against
Defendants, jointly and severally, in whatever amount is fair, just, and equitable
for the injuries and damages, compensatory and punitive, so wrongfully sustained
by Plaintiff together with interest, costs, and attorney fees under 42 USC 1988.
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92.
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96.
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Respectfully submitted,
/s/ Joshua A. Blanchard
______________________________
Joshua Blanchard (P72601)
MIEL & CARR, PLC
Attorneys for Plaintiff
309 S. Lafayette St., Ste 208
PO Box 938
Greenville, MI 48838
(989) 831-5208
(989) 831-8854 (fax)
josh@mielcarr.com
JURY DEMAND
Plaintiff requests a jury for all issues so triable in this case.
Respectfully submitted,
/s/ Joshua A. Blanchard
____________________________
Joshua Blanchard (P72601)
MIEL & CARR, PLC
309 S. Lafayette St., Ste 208
PO Box 938
Greenville, MI 48838
(989) 831-5208
(989) 831-8854 (fax)
josh@mielcarr.com
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