Вы находитесь на странице: 1из 47

Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.

1 Page 1 of 31

UNITED STATES DISTRICT COURT


FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DAVID EDWARD SHAW,

Plaintiff, U.S. District Court No.:


HON.:

vs.

CITY OF FERNDALE, CHIEF TIMOTHY D. COLLINS,


DETECTIVE JOHN THULL, OFFICER JAMES FARRIS,
OFFICER JASON WHITE, OFFICER CHRISTOPHER WIACEK,
SERGEANT DAVID SPELLMAN, OFFICER HEATHER THIBODEAU,
LINDSAY MARIE MARACLE, KATHERINE CAROLINE JOHNSTON,
SHAWN MACQUILLAN, EMILY LYNNE SZEWC,
JENNIFER LYNN TRAINOR, and ALLISON E. MARACLE,
in their individual and official capacities, jointly and severally,

Defendants. JURY TRIAL DEMANDED

_____________________________________________________________________/
The Law Office of Pamela M. Sossi, PLLC
PAMELA M. SOSSI (P75251)
Counsel for Plaintiff
400 Monroe Street, Ste 280
Detroit, Michigan 48226
(313) 962-0000 (office)
(313) 318-5992 (cell)
(313) 962-0766 (facsimile)
_____________________________________________________________________/

THERE ARE NO OTHER PENDING OR RESOLVED CIVIL ACTIONS


ARISING OUT OF THE TRANSACTION OR OCCURANCE
ALLEGED IN THIS COMPLAINT

VERIFIED COMPLAINT
GENERAL ALLEGATIONS

NOW COMES Plaintiff, DAVID EDWARD SHAW (“Mr. Shaw”), by and through his legal

counsel, THE LAW OFFICE OF PAMELA M. SOSSI, PLLC, and for Plaintiff’s Complaint

against the CITY OF FERNDALE, (“Defendant Ferndale”); CHIEF TIMOTHY D.

1|Page
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.2 Page 2 of 31

COLLINS, (“Defendant Collins”); DETECTIVE JOHN THULL, (“Defendant Thull”);

OFFICER JAMES FARRIS, (“Defendant Farris”); OFFICER JASON WHITE, (“Defendant

White”); OFFICER CHRISTOPHER WIACEK, (“Defendant Wiacek”); SERGEANT

DAVID SPELLMAN, (“Defendant Spellman”); OFFICER HEATHER THIBODEAU,

(“Defendant Thibodeau”), (collectively “Defendant Officials”); LINDSAY MARIE

MARACLE, (“Defendant Lindsay Maracle”); KATHERINE CAROLINE JOHNSTON,

(“Defendant Johnston”); SHAWN MACQUILLAN, (“Defendant MacQuillan”); EMILY

LYNNE SZEWC, (“Defendant Szewc”); JENNIFER LYNN TRAINOR, (“Defendant

Trainor”); and ALLISON E. MARACLE, (“Defendant Allison Maracle”), (collectively

“Defendant Individuals”), states the following to the Honorable Court:

1. Plaintiff is a resident of the County of Oakland, in the State of Michigan.

2. Defendant Ferndale is a municipal corporation and governmental subdivision

organized and existing under the laws of the State of Michigan.

3. Defendant Collins is and/or was a police officer employed by the Ferndale

Police Department and was acting under color of law, in his individual and

official capacities, and within the course and scope of his employment at all

times mentioned herein.

4. Defendant Thull is and/or was a police officer employed by the Ferndale Police

Department and was acting under color of law, in his individual and official

capacities, and within the course and scope of his employment at all times

mentioned herein.

5. Defendant Farris is and/or was a police officer employed by the Ferndale Police

Department and was acting under color of law, in his individual and official

2|Page
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.3 Page 3 of 31

capacities, and within the course and scope of his employment at all times

mentioned herein.

6. Defendant White is and/or was a police officer employed by the Ferndale Police

Department and was acting under color of law, in his individual and official

capacities, and within the course and scope of his employment at all times

mentioned herein.

7. Defendant Wiacek is and/or was a police officer employed by the Ferndale

Police Department and was acting under color of law, in his individual and

official capacities, and within the course and scope of his employment at all

times mentioned herein.

8. Defendant Spellman is and/or was a police officer employed by the Ferndale

Police Department and was acting under color of law, in his individual and

official capacities, and within the course and scope of his employment at all

times mentioned herein.

9. Defendant Thibodeau is and/or was a police officer employed by the Ferndale

Police Department and was acting under color of law, in his individual and

official capacities, and within the course and scope of his employment at all

times mentioned herein.

10. Upon information and belief, Defendant Lindsay Maracel is a resident of the

County of Oakland, State of Michigan.

11. Upon information and belief, Defendant Johnston is a resident of the County of

Oakland, State of Michigan.

3|Page
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.4 Page 4 of 31

12. Upon information and belief, Defendant MacQuillan is a resident of the County

of Oakland, State of Michigan.

13. Upon information and belief, Defendant Szewc is a resident of the County of

Oakland, State of Michigan.

14. Upon information and belief, Defendant Trainor is a resident of the County of

Oakland, State of Michigan.

15. Upon information and belief, Defendant Allison Maracel is a resident of the

County of Oakland, State of Michigan.

16. All relevant events giving rise to this lawsuit occurred within the City of

Ferndale, County of Oakland, State of Michigan.

17. This lawsuit arises out of Defendants’ violations of Plaintiff’s federal

constitutional rights as secured by the Fourth Amendment as it applies to the

States through the Fourteenth Amendment of the United States Constitution,

and the Fourth Amendment Due Process Clause, and consequently, Plaintiff

has a viable claim for damages under 42 U.S.C. §§ 1981, 1983 and 1985.

Plaintiff also has viable state law claims.

18. Jurisdiction and venue are both proper in the Court pursuant to the Revised

Judicature Act, as amended, as all causes of action set forth herein accrued

within the County of Oakland, in the State of Michigan.

19. Jurisdiction and venue are also both proper in the Court because it is a court

of general jurisdiction and there is no cause of action contained herein that

entails exclusive federal jurisdiction, and therefore the Court may address all

of Plaintiff’s asserted federal claims.

4|Page
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.5 Page 5 of 31

20. Jurisdiction is also proper in the Court because the amount in controversy,

excluding interest, costs and fees, exceeds seventy-five thousand dollars

($75,000.00).

STATEMENT OF FACTS

21. Plaintiff restates and reincorporates by reference each and every allegation set

forth above in paragraphs 1-21.

22. On or about January 24, 2016, Plaintiff was working as a driver for the

company, “Uber.”

23. While working the night of January 24, 2016, Plaintiff received an uber request

from Defendant Johnston to be picked up at the bar, Rosie O’Grady’s, in

Ferndale, Michigan.

24. After receiving the request, Plaintiff drove to Rosie O’Grady’s to pick up

Defendant Johnston.

25. Shortly after receiving the request from Defendant Johnston, Plaintiff arrived at

Rosie O’Grady’s, and began waiting for Defendant Johnston.

26. When Plaintiff initially arrived at Rosie O’Grady’s, he accidently stopped his

vehicle at a “no-standing zone.” When a local police officer pulled behind

Plaintiff to notify him of being in a “no-standing zone,” Plaintiff momentarily

moved his vehicle from the spot to comply with the officer and the traffic laws.

5|Page
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.6 Page 6 of 31

27. At this time, Defendant Johnston called Plaintiff on his cell phone and began

belligerently screaming at Plaintiff to “get your ass back here!”1 Plaintiff then

explained the situation regarding the “no-standing zone to Defendant Johnston.

28. Defendant Johnston thereinafter got into the front passenger seat of Plaintiff’s

vehicle, and Defendants Lindsay Maracle and Alison Maracle got into the

backseat of Plaintiff’s vehicle.

29. Once in Plaintiff’s vehicle, Defendants Johnston, Lindsay Maracle and Alison

Maracle began belligerently screaming and yelling at Plaintiff to “not leave the

bar yet” because all of their friends had had not yet gotten into Plaintiff’s vehicle.

30. Thereinafter, Defendants MacQuillan, Szewc and Trainor also jumped into the

back of Plaintiff’s vehicle with Defendants Johnston, Lindsay Maracle and

Alison Maracle (collectively “Defendant Individuals”).

31. Upon information and belief, Defendant Individuals were all highly intoxicated

while in Plaintiff’s vehicle on the night in issue.

32. With seven total (7) people in his vehicle, Plaintiff left Rosie O’Grady’s and

began to drive Defendant Individuals to their selected destination.

33. While Plaintiff was driving, however, Defendant Individuals began screaming

and yelling profanities at Plaintiff; including screaming racial profanities such

as “nigger” and “black son of a bitch” at Plaintiff.

34. As a result of the belligerent behavior of Defendant Individuals, Plaintiff pulled

his vehicle off to the side of the road and told Defendant Individuals that he was

1DefendantJohnston had Plaintiff’s cell phone number because she was given the
number when she requested the ride through Uber.
6|Page
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.7 Page 7 of 31

ending the ride. Plaintiff then instructed Defendant Individuals to exit his

vehicle.

35. Visibly upset, Defendant Individuals exited Plaintiff’s vehicle and then began

banging and kicking on the back of Plaintiff’s vehicle, causing damage to the

vehicle.

36. When Plaintiff’s repeated attempts to tell Defendant Individuals to stop

damaging his vehicle, the Plaintiff then exited his vehicle to assess the damage

being done by Defendant Individuals.

37. Upon exiting his vehicle to assess the damage done by the Defendant

Individuals, Plaintiff was punched in the face by Defendant Alison Maracle.

38. Defendants Lindsay Maracle and Johnston then joined Defendant Alison

Maracle and also began physically assaulting Plaintiff. Defendants MacQuillan

and Szewc also joined in the physical assault of Plaintiff.

39. Plaintiff defended himself against the physical attack of Defendant Individuals

(Exhibit 1, Video of Incident.)

40. While Plaintiff defended himself, Defendant Individuals continued to scream

and physically assault Plaintiff. (See id.)

41. Specifically, Defendant Lindsay Maracle ran after Plaintiff and choked Plaintiff

by the neck with her hands. (Id.)

42. During the assault, Plaintiff attempted to call 911 for help on his cell phone.

43. While Plaintiff tried to contact 911, Defendant Lindsay Maracle continued to

attempt to physically assault Plaintiff. Other Defendant Individuals attempted to

7|Page
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.8 Page 8 of 31

restrain Defendant Lindsay Maracle from continuing to physically attack

Plaintiff at this time. (Id.)

44. Before Plaintiff could get through to 911 to explain his emergency, Defendant

Individuals contacted the police, stating that they were being attacked by their

Uber driver/the Plaintiff.

45. Shortly after 911 was contacted, Ferndale Police Department police officers

arrived at the scene with Plaintiff and Defendant Individuals.

46. Defendants Farris, White and Wiacek of the Ferndale Police Department were

the responding police officers to the scene with Plaintiff and Defendant

Individuals.

47. Once Defendants Farris, White and Wiacek arrived at the scene, Plaintiff

attempted to explain to the police what had transpired with the Defendant

Individuals. Specifically, Plaintiff attempted to explain to the responding officers

that the Defendant Individuals: (a) were drunk and belligerent; (b) had damaged

Plaintiff’s vehicle; and (c) had physically assaulted Plaintiff. Plaintiff went on to

tell Defendants Farris, White and Wiacek that he had to defend himself from

the physical assault of the Defendant Individuals. (See Ex. 2, Case Report at

9.)

48. Instead of listening to Plaintiff while at the scene, Defendants Farris, White and

Wiacek focused their interactions with Defendant Individuals; taking written

statements from all of the Defendant Individuals. (See id. at 6-8.)

49. Specifically, Defendant Johnston interrupted the Plaintiff and lied to Defendants

Farris, White and Wiacek, about what had transpired with Plaintiff; specifically

8|Page
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.9 Page 9 of 31

telling Defendants Farris, White and Wiacek that she was a personal

investigator and that Plaintiff had attacked her and her friends. (See id. at 7.)

50. Defendant Lindsay Maracle also lied to Defendants Farris, White and Wiacek,

when he stated that Plaintiff struck her in the head three (3) times before the

police arrived. (Id. at 8.)

51. Defendant Alison Maracle also lied to Defendants Farris, White and Wiacek,

when she stated that she witnessed Plaintiff had struck her sister, Defendant

Lindsay Maracle, multiple times in the face before the police arrived on the

scene. (Id. at 8.)

52. Defendant MacQuillan also lied to Defendants Farris, White and Wiacek, when

he stated that he witnessed Plaintiff strike Defendant Lindsay Maracle in the

head. (Id. at 8.)

53. Defendant Trainer also lied to Defendants Farris, White and Wiacek, when he

stated that Plaintiff pushed her during the incident (Id. at 8.)

54. Defendant Szewc also lied to Defendants Farris, White and Wiacek, when she

stated that she: (a) witnessed Plaintiff swinging at Defendant Lindsay Maracle;

and (b) she herself was struck down by Plaintiff when having to defend

Defenday Lindsay Maracle from Plaintiff. (Id. at 8.)

55. Defendants Farris, White and Wiacek then surrounded Plaintiff and began

interrogating Plaintiff based on the information received from Defendant

Individuals.

56. Instead of listening to Plaintiff about just being physically assaulted by six (6)

individuals, Defendant Farris put Plaintiff in handcuffs and transported Plaintiff

9|Page
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.10 Page 10 of 31

to a holding cell at the Ferndale Police Department. Defendant Farris, however,

failed to: (i) communicate to Plaintiff that he was in-fact under arrest; (ii)

communicate to Plaintiff the charges the Plaintiff was being arrested for; and

(iii) read Plaintiff his Miranda Rights.

57. Despite Plaintiff informing Defendants Farris, White and Wiacek that he had

just been physically assaulted by six (6) individuals, none of said Defendants

police officers offered or provided Plaintiff with any medical attention or

treatment.

58. Plaintiff was then booked by Defendant Farris and was placed in a holding cell

for many hours without ever being informed as to why he was being held in the

first place.

59. Thereinafter, Plaintiff’s vehicle was impounded by Defendant White. (See Ex.

2 at 9.)

60. After many hours of being held in lock-up and after repeated requests from

Plaintiff as to why he was being held, Plaintiff was finally told that being

criminally charged with assault and battery and possession of marijuana for the

incident with Defendant Individuals.2

61. Thereinafter, Defendants Farris, White and Wiacek, falsified their police reports

regarding their interrogation of Plaintiff by claiming Plaintiff reported that he was

alone in his car on the night of the incident and “felt” the need to “defend”

2While in lock-up, Plaintiff gave Defendant Farris his valid Michigan Medical Marijuana
Cards.

10 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.11 Page 11 of 31

himself when he felt his car was kicked and decided to engage the Defendant

Individuals. (See id. at 8.)

62. Defendants Farris, White and Wiacek also falsified their police report by failing

to document any details given to them by the Plaintiff about the physical assault

that Plaintiff had sustained from Defendant Individuals. (See id. at 8-9.)

63. A few days following the incident, Plaintiff was officially criminally charged for

the assault that had occurred on him, and was charged for possession of

marihuana; despite having valid Michigan Medical Marijuana cards.

64. Specifically, Plaintiff was ultimately charged with: (a) one (1) count of Assault

and Battery, as against Defendant Lindsay Maracle, in violation of MCL §

750.81; and (b) one (1) count of possession of marihuana, in violation MCL §

333.7403(2)(D).

65. Plaintiff was prosecuted in the Ferndale District Court on the two (2) fabricated

charges. (See Ex. 3, Misdemeanor Complaint.)

66. As he was innocent, Plaintiff fought the criminal charges in the Ferndale

District Court for approximately ten (10) months.3

67. Plaintiff took the fabricated criminal charges to a jury trial on September 21,

2016, and was subsequently acquitted by the jury of the criminal charge of

assault and battery.

68. Despite the acquittal of Plaintiff’s criminal charges, Defendants violated

Plaintiff’s federal constitutional rights, state constitutional rights and civil rights:

3The possession of marijuana charge was ultimately dismissed against Plaintiff during a pre-trial
conference at the Ferndale District Court. The possession of marijuana charged was dismissed against
Plaintiff because Plaintiff had valid Michigan Medical Marijuana cards.

11 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.12 Page 12 of 31

a. Defendants Farris, White and Wiacek had no probable cause to arrest

Plaintiff on or about January 24, 2016.

b. Defendants Farris, White and Wiacek assaulted and battered Plaintiff

when they forcefully grabbed him and handcuffed him, without any

cause, and arrested Plaintiff on false, trumped up charges.

c. While at the scene, Plaintiff told Defendants Farris, White and Wiacek

that he had just been physically assaulted by six (6) intoxicated

individuals and that he was not okay.

d. Despite being physically assaulted, none of the Defendant Officials

offered or provided Plaintiff with any needed medical treatment or

assistance.

e. Defendant Officials knew that Plaintiff had not committed any crime and

knew they had no justification to arrest Plaintiff, and conspired to falsely

arrest and detain him, and imprison Plaintiff.

69. Defendant Officials continued violating Plaintiff’s civil rights by failing to provide

him with needed medical treatment and with pursuing the false arrest, false

imprisonment, and denying Plaintiff medical treatment, all while knowing that

Plaintiff had not committed any crimes.

70. Instead of being given medical treatment, Plaintiff was handcuffed, and was

taken to the Ferndale Police Department.

71. Defendant Collins and Defendant Thull knew that Defendants Farris, White and

Wiacek had no probable cause to arrest Plaintiff for any crime, and knew that

Plaintiff had not committed a crime, but allowed the continued detainment of

12 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.13 Page 13 of 31

Plaintiff at the Ferndale Police Department, without any authority and without

providing him with medical assistance or treatment.

72. Plaintiff was not offered any medical treatment while detained at the Ferndale

Police Department.

73. Although Plaintiff had not committed any crimes, all Defendant Officials

conspired to falsely charge Plaintiff with Assault and Battery and Possession

of Marijuana.

74. Defendants Farris, White and Wiacek then conspired to, and did falsify the

police report by stating that when Plaintiff “felt that his car was kicked, he exited

his car and engaged the others,” all of which was false. (See Ex. 2 at 8.)

75. Such charges were fabricated and brought without probable cause in order to

cover up the Defendants’ wrongful actions, as described above, and in

furtherance of a conspiracy and vendetta against Plaintiff because of Plaintiff’s

race.

76. As a result of Defendants’ violation of Plaintiff’s civil rights and of state law,

including the bringing of unjustified and fabricated charges, Plaintiff suffered

significant physical and emotional injuries and damages, including, but not

limited to physical injuries, emotional injuries, fright, shock, financial damages,

humiliation, embarrassment and pain and suffering, which continue today.

COUNT I
VIOLATION OF THE FOURTH AMENDMENT, 42 U.C.S SECTION 1983,
FALSE ARREST AND IMPRISONMENT
(Defendants Ferndale, Collins, Thull, Farris, White, Wiacek,
Spellman and Thibodeau)

13 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.14 Page 14 of 31

77. Plaintiff restates and reincorporates by reference each and every allegation set

forth above in paragraphs 1-78.

78. The Civil Rights Act, 42 U.S.C. § 1983, provides for civil liability for the

deprivation of any right, privilege or immunity secured by the Constitution and

the laws of the United States, while committed under color of law.

79. Defendant Officials, by virtue of their purported authority unlawfully and without

probable cause, and all the while knowing that no crime had been committed,

falsely arrested, imprisoned and detained Plaintiff, although Plaintiff had

committed no crime and was clearly the victim of a crime.

80. Defendant Officials lacked probable cause and intentionally falsified the police

reports in order to falsely arrest and imprison Plaintiff.

81. Defendant Officials are not entitled to qualified immunity because Defendant

Officials continued the seizure, detainment and imprisonment of Plaintiff, when

they knew or should have known that they lacked probable cause to arrest,

detain and/or continue to detain and imprison Plaintiff, which was all in violation

of clearly established law.

82. The actions of Defendant Officials described above were also intentional.

83. The Defendant Officials’ intentional seizure, restraint, detention, confinement

and imprisonment of Plaintiff deprived him of his personal liberty and/or

freedom of movement against his will.

84. As a direct and proximate result of Defendant Officials’ actions, Plaintiff was

confined and imprisoned against his will.

14 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.15 Page 15 of 31

85. Defendant Officials are not entitled to qualified immunity as Defendant Officials’

actions, in addition to being in violation of clearly established law, were

objectively unreasonable under the totality of the circumstances.

86. As a direct and proximate result of Defendant Officials subjecting Plaintiff to

deprivation and violation of his rights, Plaintiff has suffered and will continue to

suffer mental and emotional anguish, physical and emotional pain and

suffering, loss of enjoyment of life, humiliation, degradation, fright, shock,

economic and consequential damages, financial damages, and physical

injuries and other damages that may be discovered throughout the course of

this lawsuit.

WHEREFORE, Plaintiff, by and through its legal counsel, respectfully

requests the Honorable Court to enter a judgment in its favor and against the

Defendants, CITY OF FERNDALE, CHIEF TIMOTHY D. COLLINS, DETECTIVE

JOHN THULL, OFFICER JAMES FARRIS, OFFICER JASON WHITE, OFFICER

CHRISTOPHER WIACEK, SERGEANT DAVID SPELLMAN and OFFICER

HEATHER THIBODEAU, in their individual and official capacities, jointly and

severally, for injuries and damages, compensatory and punitive, in an amount in

excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest,

costs, and attorney fees, pursuant to 42 U.S.C. § 1988.

15 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.16 Page 16 of 31

COUNT II
VIOLATION OF THE FOURTH AND FOURTEENTH AMENDMENTS, 42 U.C.S
SECTION 1983, DELIBERATE INDIFFERENCE TO SERIOUS MEDICAL NEEDS,
WRONGFUL DETENTION AND UNCONSTITUTIONL CONDITIONS
(Defendants Ferndale, Collins, Thull, Farris, White, Wiacek,
Spellman and Thibodeau)

87. Plaintiff restates and reincorporates by reference each and every allegation set

forth above in paragraphs 1-86.

88. As an arrestee prior to arraignment, Plaintiff can be considered to be under the

Fourth Amendment of the United States Constitution, as he was subject to a

continuing seizure.

89. As a pre-trial detainee, Plaintiff can be considered under the Fourteenth

Amendment of the United States Constitution as a person possessed of certain

due process rights.

90. Defendant Officials violated Plaintiff’s substantive due process rights imposed

on the State of Michigan by the Fourteenth Amendment by:

a. Ignoring Plaintiff’s serious medical needs by showing deliberate

indifference and callous disregard thereto;

b. Failing to give Plaintiff necessary medical treatment;

c. Failing to allow Plaintiff to be conveyed to a hospital for his medical

needs;

d. Failing to record and document Plaintiff’s injuries; and

e. Wrongfully detaining Plaintiff in a holding cell while isolated from his

family and while suffering from the aftermath of a physical assault.

16 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.17 Page 17 of 31

91. Defendant Officials deprived Plaintiff of his right to medical care by subjecting

him to cruel and unusual punishment and unconstitutional conditions pursuant

to the Fourth and Fourteenth Amendments of the United States Constitution.

92. Defendant Officials are not entitled to qualified immunity as Defendant Officials’

actions, in addition to being in violation of clearly established law, were

objectively unreasonable under the totality of the circumstances.

93. As a direct and proximate result of Defendant Officials subjecting Plaintiff to

deprivation and violation of his rights, Plaintiff has suffered and will continue to

suffer mental and emotional anguish, physical and emotional pain and

suffering, loss of enjoyment of life, humiliation, degradation, fright, shock,

economic and consequential damages, financial damages, physical injuries

and other damages that may be discovered throughout the course of this

lawsuit.

WHEREFORE, Plaintiff, by and through its legal counsel, respectfully requests

the Honorable Court to enter a judgment in its favor and against the Defendants,

CITY OF FERNDALE, CHIEF TIMOTHY D. COLLINS, DETECTIVE JOHN THULL,

OFFICER JAMES FARRIS, OFFICER JASON WHITE, OFFICER

CHRISTOPHER WIACEK, SERGEANT DAVID SPELLMAN and OFFICER

HEATHER THIBODEAU, in their individual and official capacities, jointly and

severally, for injuries and damages, compensatory and punitive, in an amount in

excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest,

costs, and attorney fees, pursuant to 42 U.S.C. § 1988.

17 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.18 Page 18 of 31

COUNT III
CIVIL CONSPIRACY TO VIOLATE PLAINTIFF’S
CIVIL RIGHTS, 42 U.S.C. § 1983
(Defendants Ferndale, Collins, Thull, Farris, White, Wiacek,
Spellman and Thibodeau)

94. Plaintiff restates and reincorporates by reference each and every allegation set

forth above in paragraphs 1-93.

95. Defendant Officials acted in conspiracy, and with concerted effort, in violation

of Plaintiff’s Fourth and Fourteenth Amendment rights by:

a. Refusing to acknowledge that they detained, arrested and imprisoned

Plaintiff without justification;

b. Intentionally fabricating and falsifying criminal charges against Plaintiff;

c. Failing to provide Plaintiff with needed and requested medical treatment;

d. Unjustifiably detaining Plaintiff in a holding cell for many hours; and

e. Prosecuting Plaintiff on two (2) fabricated charges in the Ferndale

District Court.

96. All of the Defendant Officials have conspired to lie and acted in the manner set

forth above intentionally, maliciously and sadistically, and in part due to the

race of Plaintiff.

97. As a direct and proximate result of Defendant Officials’ civil conspiracy to

violate Plaintiff’s civil rights, Plaintiff has suffered and will continue to suffer

mental and emotional anguish, physical and emotional pain and suffering, loss

of enjoyment of life, humiliation, degradation, fright, shock, economic and

consequential damages, financial damages, and physical injuries and other

damages that may be discovered throughout the course of this lawsuit.

18 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.19 Page 19 of 31

WHEREFORE, Plaintiff, by and through its legal counsel, respectfully requests

the Honorable Court to enter a judgment in its favor and against the Defendants,

CITY OF FERNDALE, CHIEF TIMOTHY D. COLLINS, DETECTIVE JOHN THULL,

OFFICER JAMES FARRIS, OFFICER JASON WHITE, OFFICER

CHRISTOPHER WIACEK, SERGEANT DAVID SPELLMAN and OFFICER

HEATHER THIBODEAU, in their individual and official capacities, jointly and

severally, for injuries and damages, compensatory and punitive, in an amount in

excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest,

costs, and attorney fees, pursuant to 42 U.S.C. § 1988.

COUNT IV
MALICOUS PROSECUTION
(Defendants Ferndale, Collins, Thull, Farris, White, Wiacek,
Spellman and Thibodeau)

99. Plaintiff restates and reincorporates by reference each and every allegation set

forth above in paragraphs 1-98.

100. As a result of the acts of Defendant Officials, as described above, Plaintiff

was charged with two (2) misdemeanor counts and was prosecuted in the

Ferndale District Court for approximately 10 months, without justification.

101. Defendant Officials did not have probable cause to believe that Plaintiff

committed any crime.

102. Defendant Officials purposely submitted inaccurate, misleading, and

deceitful information to the prosecutor’s office in an effort to have Plaintiff

prosecuted.

103. Plaintiff had a right to both substantive and procedural due process but was

denied his rights by Defendant Officials.

19 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.20 Page 20 of 31

104. Defendant Officials had an ulterior purpose in arresting and filing the

charges against Plaintiff; that is to cover up their illegal, unlawful and unjustified

actions.

105. Plaintiff fought the criminal charges against him for approximately 10

months. Plaintiff was acquitted by a jury in the Ferndale District Court in

September 2016.

106. By engaging in the above described conduct, Defendant Officials violated

Plaintiff’s constitutional rights and state law rights not to be maliciously

prosecuted.

107. As a direct and proximate result of Defendant Officials acts or omissions,

Plaintiff suffered a loss of freedom, legal costs, invasion of privacy, physical

and mental pain and suffering, loss of social pleasure and enjoyment, fright,

shock, fear, mental anguish, emotional distress, anxiety, humiliation and

embarrassment.

WHEREFORE, Plaintiff, by and through its legal counsel, respectfully requests

the Honorable Court to enter a judgment in its favor and against the Defendants,

CITY OF FERNDALE, CHIEF TIMOTHY D. COLLINS, DETECTIVE JOHN THULL,

OFFICER JAMES FARRIS, OFFICER JASON WHITE, OFFICER

CHRISTOPHER WIACEK, SERGEANT DAVID SPELLMAN and OFFICER

HEATHER THIBODEAU, in their individual and official capacities, jointly and

severally, for injuries and damages, compensatory and punitive, in an amount in

excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest,

costs, and attorney fees, pursuant to 42 U.S.C. § 1988.

20 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.21 Page 21 of 31

COUNT V
CITY OF FERNDALE’S CONSTITUTIONAL VIOLATIONS
(Defendant Ferndale)

108. Plaintiff restates and reincorporates by reference each and every allegation

set forth above in paragraphs 1-107.

109. The Fourth Amendment to the United States Constitution prohibits

unreasonable searches and seizures, forbids police officers from arresting

lawful abiding citizens without probable cause, and protects individuals from

unreasonable force.

110. The Fourteenth Amendment to the United States Constitution requires that

pre-trial detainees receive immediate medical treatment for serious medical

needs.

111. Plaintiff was denied medical care without any justification.

112. Defendant Ferndale permitted customs, practices, and/or policies that

resulted in violations of Plaintiff’s constitutional rights as articulated/complained

of herein.

113. These customs, practices and/or policies included, but were not limited to,

the following:

a. Failing to adequately train and/or supervise its police officers so as to

prevent violations of citizens’ constitutional rights;

b. Failing to adequately train and/or supervise police officers regarding the

arrests of individuals, specifically, the arrest of African American

individuals;

21 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.22 Page 22 of 31

c. Failing to adequately train and/or supervise police officers regarding

providing medical treatment to injured arrestees;

d. Failing to adequately train and/or supervise police officers regarding

proper basis for arrests and pursuing criminal charges;

e. Failing to adequately supervise, review, and/or discipline police officers

whom Defendant Ferndale knew, or should have know, were violating,

or were prone to violate, citizens’ constitutional rights, thereby permitting

and/or encouraging its police officers to engage in illegal conduct,

including but not limited to, arresting individuals without probable cause,

fabricating charges, attempting to bribe arrestees and family members,

and acting in a revengeful manner; and

f. Failing to adequately train and/or supervise its police officers in the

proper policies and procedures for establishing probable cause to arrest

and the proper policies and procedures for effectuating an arrest and

providing medical treatment.

114. Defendant Ferndale’s conduct was so reckless so as to demonstrate a

substantial lack of concern for whether an injury resulted.

115. Defendant Ferndale’s acts and/or indifference and/or omissions were the

direct and proximate cause of Plaintiff’s injuries.

116. The facts as set forth above in the preceding paragraphs constitute a

violation of Plaintiff’s Fourth Amendment rights, and pursuant to 42 U.S.C. §§

1981, 1983 and 1985, Plaintiff has a viable claim for compensatory damages,

punitive damages, costs and attorney fees, as set forth in 42 U.S.C. § 1988.

22 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.23 Page 23 of 31

WHEREFORE, Plaintiff, by and through its legal counsel, respectfully requests

the Honorable Court to enter a judgment in its favor and against the Defendants,

CITY OF FERNDALE, CHIEF TIMOTHY D. COLLINS, DETECTIVE JOHN THULL,

OFFICER JAMES FARRIS, OFFICER JASON WHITE, OFFICER

CHRISTOPHER WIACEK, SERGEANT DAVID SPELLMAN and OFFICER

HEATHER THIBODEAU, in their individual and official capacities, jointly and

severally, for injuries and damages, compensatory and punitive, in an amount in

excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest,

costs, and attorney fees, pursuant to 42 U.S.C. § 1988.

COUNT VI
ASSAULT AND BATTERY
(Defendants Defendants Farris, White, Wiacek, Lindsay Maracle, Johnston,
MacQuillan, Szewc, Trainor and Allison Maracle.)

117. Plaintiff restates and reincorporates by reference each and every allegation

set forth above in paragraphs 1-116.

118. The acts of named Defendants were not undertaken in good faith and were

not discretionary, but were undertaken with malice and for the purpose of

physically and emotionally harming Plaintiff.

119. At all material times herein, Defendants, including Defendants Lindsay

Maracle, Johnston, MacQuillan, Szewc, and Allison Maracle, threatened,

conspired, and/or caused Plaintiff to be threatened with involuntary,

unnecessary and/or unwanted physical contact.

120. At all material times herein, Defendants, including Defendants Lindsay

Maracle, Johnston, MacQuillan, Szewc, and Allison Maracle, intentionally

23 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.24 Page 24 of 31

caused imminent fear and apprehension of contact and harm to Plaintiff, as

described in the above paragraphs.

121. At all material times herein, Defendants, including Defendants Lindsay

Maracle, Johnston, MacQuillan, Szewc, and Allison Maracle, had the apparent

present ability to accomplish the contact with Plaintiff, and did in fact make

unpermitted contact with Plaintiff.

122. Plaintiff did in fact experience imminent fear and apprehension of harm

because of Defendants’ actions.

123. At all material times herein, the physical contact and/or threat of physical

contact referred to herein was inflicted upon Plaintiff by the named Defendants.

124. The physical contact and/or threat of physical contact exerted upon Plaintiff

by Defendants was unnecessary and excessive, and was without any legal

justification.

125. The actions of all named Defendants were so egregious and so outrageous

that Plaintiff’s damages were heightened and made more severe.

126. Defendants Farris, White and Wiacek are not entitled to governmental

immunity as their actions were not in good faith, and were done with a

substantial lack of concern as to whether an injury and/or further injury resulted

to Plaintiff.

127. As a direct and proximate result of the assaults and batteries, and failure to

intervene and stop the unnecessary threat and/or use of force as described

above that was inflicted upon Plaintiff by the named Defendants, Plaintiff

sustained serious injuries and damages as are described above.

24 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.25 Page 25 of 31

128. Defendants Lindsay Maracle, Johnston, MacQuillan, Szewc, and Allison

Maracle, are liable, jointly and severally with the other named Defendants, for

Plaintiff’s injuries and damages.

WHEREFORE, Plaintiff, by and through its legal counsel, respectfully requests

the Honorable Court to enter a judgment in its favor and against the Defendants,

CITY OF FERNDALE, CHIEF TIMOTHY D. COLLINS, DETECTIVE JOHN THULL,

OFFICER JAMES FARRIS, OFFICER JASON WHITE, OFFICER

CHRISTOPHER WIACEK, SERGEANT DAVID SPELLMAN, OFFICER

HEATHER THIBODEAU, LINDSAY MARIE MARACLE, KATHERINE CAROLINE

JOHNSTON, SHAWN MACQUILLAN, EMILY LYNNE SZEWC, JENNIFER LYNN

TRAINOR, and ALLISON E. MARACLE, in their individual and official capacities,

jointly and severally, for injuries and damages, compensatory and punitive, in an

amount in excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of

interest, costs, and attorney fees.

COUNT VII
FALSE ARREST/FALSE IMPRISONMENT
(Defendants Ferndale, Collins, Thull, Farris, White, Wiacek,
Spellman and Thibodeau)

129. Plaintiff restates and reincorporates by reference each and every allegation

set forth above in paragraphs 1-128.

130. The wrongful arrest of Plaintiff, as well as the imprisonment, detention and

search of Plaintiff was without probable cause and without reasonable

suspicion that Plaintiff had or was about to engage in any criminal act.

25 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.26 Page 26 of 31

131. The search, arrest and detainment of Plaintiff physically restrained him and

deprived him of his personal liberty and freedom of movement for an

unreasonable period of time.

132. Plaintiff was unlawfully arrested, as he was arrested without proper

probable cause, and transported by Defendants to police headquarters, where

Plaintiff was searched, photographed, subjected to interrogation, and detained

for an unreasonable and unjustified time.

133. The arrest and imprisonment of Plaintiff was unreasonable and against

Plaintiff’s will.

134. The acts and conduct of the named Defendants, acting individually and as

employees of Defendant Ferndale, and acting in the course of their

employment as police officers, constituted false arrest and/or imprisonment of

Plaintiff.

135. The named Defendants are not entitled to governmental immunity as their

actions were not in good faith and were done with a substantial lack of concern

as to whether a lawful arrest and lawful imprisonment took place.

136. As a direct and proximate result of the named Defendants’ acts and/or

omissions, Plaintiff suffered a loss of freedom, invasion of privacy by manner

and method of search, physical and mental pain and suffering, loss of social

pleasure and enjoyment, fright, shock, fear, mental anguish, emotional

distress, anxiety, humiliation and embarrassment.

WHEREFORE, Plaintiff, by and through its legal counsel, respectfully requests the

Honorable Court to enter a judgment in its favor and against the Defendants, CITY

26 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.27 Page 27 of 31

OF FERNDALE, CHIEF TIMOTHY D. COLLINS, DETECTIVE JOHN THULL,

OFFICER JAMES FARRIS, OFFICER JASON WHITE, OFFICER

CHRISTOPHER WIACEK, SERGEANT DAVID SPELLMAN, and OFFICER

HEATHER THIBODEAU, in their individual and official capacities, jointly and

severally, for injuries and damages, compensatory and punitive, in an amount in

excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest,

costs, and attorney fees.

COUNT VIII
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(All named Defendants)

137. Plaintiff restates and reincorporates by reference each and every allegation

set forth above in paragraphs 1-136.

138. All named Defendants intentionally caused extreme, outrageous, harmful,

offensive and unpermitted direct contact with Plaintif.

139. All named Defendants intentionally caused imminent fear and apprehension

of contact and harm to Plaintiff, as described in the above paragraphs.

140. All named Defendants had the apparent present ability to accomplish the

contact with Plaintiff, and did in fact make unpermitted contact with Plaintiff.

141. Plaintiff did in fact experience imminent fear and apprehension of harm

because of Defendants’ actions.

142. Defendants’ unjustified and illegal use of force on Plaintiff was utterly

intolerable, atrocious, horrific and shocking in a civilized community.

27 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.28 Page 28 of 31

143. Defendant Officials are not entitled to governmental immunity as their

actions were not in good faith, and were done with a substantial lack of concern

as to whether an injury and/or further injury resulted to Plaintiff.

144. Defendants Lindsay Maracle, Johnston, MacQuillan, Szewc, and Allison

Maracle, are liable, jointly and severally with the other named Defendants, for

Plaintiff’s injuries and damages.

145. As a direct and proximate result of Defendants’ actions, Plaintiff has

suffered and continues to suffer from mental and emotional anguish, pain and

suffering, loss of enjoyment of life, humiliation, degradation, fright, shock,

economic and consequential damages, physical injuries and other damages

that may be discovered throughout the course of discovery.

WHEREFORE, Plaintiff, by and through its legal counsel, respectfully requests

the Honorable Court to enter a judgment in its favor and against the Defendants,

CITY OF FERNDALE, CHIEF TIMOTHY D. COLLINS, DETECTIVE JOHN THULL,

OFFICER JAMES FARRIS, OFFICER JASON WHITE, OFFICER

CHRISTOPHER WIACEK, SERGEANT DAVID SPELLMAN, OFFICER

HEATHER THIBODEAU, LINDSAY MARIE MARACLE, KATHERINE CAROLINE

JOHNSTON, SHAWN MACQUILLAN, EMILY LYNNE SZEWC, JENNIFER LYNN

TRAINOR, and ALLISON E. MARACLE, in their individual and official capacities,

jointly and severally, for injuries and damages, compensatory and punitive, in an

amount in excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of

interest, costs, and attorney fees.

28 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.29 Page 29 of 31

COUNT IX
GROSS NEGLIGENCE
(Defendants Ferndale, Collins, Thull, Farris, White, Wiacek,
Spellman and Thibodeau)

146. Plaintiff restates and reincorporates by reference each and every allegation

set forth above in paragraphs 1-145.

147. The named Defendants owed Plaintiff the duty to act prudently and with

reasonable care, and to otherwise avoid grossly negligent conduct.

148. The named Defendants breached the above duties in a grossly negligent,

willful, and reckless manner, and demonstrated a substantial lack of concern

for whether harm or injury would result to Plaintiff. More specifically, the named

Defendants breached the duties owed to Plaintiff in one or more of the following

ways:

a. Failure to use reasonable care in the identification and apprehension of

a suspect, according to common and accepted police policy, guidelines

and procedure;

b. Failure to cease an unlawful detention, seizure, arrest, and

imprisonment, when Defendants knew or should have known, that they

did not have probable cause to continue and no crime had been

committed by Plaintiff;

c. Failure to provide medical treatment to an injured arrestee;

d. Failure to document truthful facts in the police report and instead

conspiring to falsify such reports;

e. Any and all additional acts of gross negligence and/or willful and wanton

misconduct as may become known throughout the course of discovery.

29 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.30 Page 30 of 31

149. The named Defendants’ gross negligence was the direct and proximate

cause of Plaintiff’s damages and injuries.

150. Governmental immunity is not available to the named Defendants because

their conduct described above amounts to gross negligence that was the

proximate cause of Plaintiff’s injuries and damages.

151. As a direct and proximate result of Defendants’ gross negligence, Plaintiff

has suffered and will continue to suffer mental and emotional anguish, pain and

suffering, loss of enjoyment of life, humiliation, degradation, fright, shock,

economic and consequential damages, physical injuries and other damages

that may be discovered throughout the course of discovery.

WHEREFORE, Plaintiff, by and through its legal counsel, respectfully requests

the Honorable Court to enter a judgment in its favor and against the Defendants,

CITY OF FERNDALE, CHIEF TIMOTHY D. COLLINS, DETECTIVE JOHN THULL,

OFFICER JAMES FARRIS, OFFICER JASON WHITE, OFFICER

CHRISTOPHER WIACEK, SERGEANT DAVID SPELLMAN and OFFICER

HEATHER THIBODEAU, in their individual and official capacities, jointly and

severally, for injuries and damages, compensatory and punitive, in an amount in

excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest,

costs, and attorney fees.

Respectfully Submitted,

/s/Pamela M. Sossi
By: Pamela M. Sossi
Attorneys for Plaintiff
400 Monroe St., Ste. 280
Dated: August 12, 2018 Detroit, MI 48226

30 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1 filed 09/21/18 PageID.31 Page 31 of 31

PLAINTIFF’S JURY DEMAND

NOW COMES Plaintiff, DAVID EDWARD SHAW, by and through her attorney,

THE LAW OFFICE OF PAMELA M. SOSSI, PLLC, and hereby demands a trial by jury

on all issues of fact related to the Complaint lawsuit.

Respectfully submitted,

/s/Pamela M. Sossi
Law Office of Pamela M. Sossi, Pllc
By : Pamela M. Sossi (P75251)
Attorney for Plaintiff
400 Monroe Street, Suite 280
Detroit, MI 48226
Dated: August 12, 2018

31 | P a g e
Case 2:18-cv-12973-DML-EAS ECF No. 1-1 filed 09/21/18 PageID.32 Page 1 of 1

Plaintiff’s Exhibits to Complaint

1. Video of January 2016 Incident.

2. Case Report.

3. Misdemeanor Complaint.
Case 2:18-cv-12973-DML-EAS ECF No. 1-2 filed 09/21/18 PageID.33 Page 1 of 1

Exhibit 1
(Available via Discovery/Upon Request)
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.34 Page 1 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.35 Page 2 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.36 Page 3 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.37 Page 4 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.38 Page 5 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.39 Page 6 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.40 Page 7 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.41 Page 8 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.42 Page 9 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.43 Page 10 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-3 filed 09/21/18 PageID.44 Page 11 of 11
Case 2:18-cv-12973-DML-EAS ECF No. 1-4 filed 09/21/18 PageID.45 Page 1 of 3
Case 2:18-cv-12973-DML-EAS ECF No. 1-4 filed 09/21/18 PageID.46 Page 2 of 3
Case 2:18-cv-12973-DML-EAS ECF No. 1-4 filed 09/21/18 PageID.47 Page 3 of 3