IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI MICHAEL AMICK AND SARA AMICK, Plaintiffs, v. OREGON COUNTY, MISSOURI; ALTON, MISSOURI; SAM BARTON; KASS BRAZEAL; MICHAEL JOHNSON; ERIC KING; DARRIN SORRELL; TIM WARD; and RUSTY WARREN, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES AS LAW ENFORCEMENT OFFICIALS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) JURY TRIAL DEMANDED COMPLAINT Plaintiffs, MICHAEL AMICK and SARA AMICK, by their attorneys, LOEVY & LOEVY, complain of Defendants, OREGON COUNTY, MISSOURI; ALTON, MISSOURI; SAM BARTON; KASS BRAZEAL; MICHAEL JOHNSON; ERIC KING; DARRIN SORRELL; TIM WARD; and RUSTY WARREN as follows: INTRODUCTION 1. Plaintiff Michael Amick was wrongfully convicted of murdering his wife’s grandmother, Leona Maxine Vaughan, and burning down the house where she was living. 2. Mr. Amick was innocent of these crimes. 3. Nonetheless, Defendants created false police reports, fabricated evidence, and destroyed exculpatory evidence. Case 6:17-cv-03391-BP Document 1 Filed 12/08/17 Page 1 of 25
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IN THE UNITED STATES DISTRICT COURT FOR THE … › stl...Jackie Risner, as well as other relatives, at Jackie Risner’s home in Myrtle, Missouri (the “Risner house”). 30. Vaughan
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IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
MICHAEL AMICK AND SARA AMICK,
Plaintiffs,
v.
OREGON COUNTY, MISSOURI;
ALTON, MISSOURI; SAM BARTON;
KASS BRAZEAL; MICHAEL
JOHNSON; ERIC KING; DARRIN
SORRELL; TIM WARD; and RUSTY
WARREN, INDIVIDUALLY AND IN
THEIR OFFICIAL CAPACITIES AS
LAW ENFORCEMENT OFFICIALS,
Defendants.
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JURY TRIAL DEMANDED
COMPLAINT
Plaintiffs, MICHAEL AMICK and SARA AMICK, by their attorneys, LOEVY
& LOEVY, complain of Defendants, OREGON COUNTY, MISSOURI; ALTON,
MISSOURI; SAM BARTON; KASS BRAZEAL; MICHAEL JOHNSON; ERIC KING;
DARRIN SORRELL; TIM WARD; and RUSTY WARREN as follows:
INTRODUCTION
1. Plaintiff Michael Amick was wrongfully convicted of murdering his
wife’s grandmother, Leona Maxine Vaughan, and burning down the house where
she was living.
2. Mr. Amick was innocent of these crimes.
3. Nonetheless, Defendants created false police reports, fabricated
evidence, and destroyed exculpatory evidence.
Case 6:17-cv-03391-BP Document 1 Filed 12/08/17 Page 1 of 25
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4. Mr. Amick was convicted as a direct result of Defendants’ egregious
misconduct.
5. Defendants’ misconduct resulted in Mr. Amick being wrongfully
convicted and sentenced to life in prison.
6. After approximately eight years in prison, Mr. Amick was finally
vindicated, and he was released from prison in December 2016.
7. While he was in prison, Mr. Amick was deprived of a normal life,
separated from his wife and his young children.
8. His wife, Plaintiff Sara Amick, a schoolteacher and military veteran,
was similarly deprived of a normal life with her husband because of Defendants’
misconduct.
9. Plaintiffs now bring this action to obtain justice and redress for the
devastating injuries that Defendants caused.
JURISDICTION AND VENUE
10. This action is brought pursuant to 42 U.S.C. § 1983 to redress
Defendants’ deprivation of Plaintiffs’ rights secured by the U.S. Constitution.
11. This Court has jurisdiction over the federal claims pursuant to 28
U.S.C. § 1331 and supplemental jurisdiction over the state law claims pursuant to
28 U.S.C. § 1367.
12. Venue is proper under 28 U.S.C. § 1391(b). The events and omissions
giving rise to Plaintiffs’ claims occurred within this judicial district, and many if not
all of the Defendants reside in this judicial district.
Case 6:17-cv-03391-BP Document 1 Filed 12/08/17 Page 2 of 25
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PARTIES
13. Plaintiffs Michael Amick and Sara Amick are lifelong residents of
Oregon County, Missouri. They are married and have three young children.
14. At all times relevant hereto, Defendants Eric King, Darrin Sorrell, and
Tim Ward were law enforcement officers employed by Oregon County, Missouri,
acting under the color of law and within the scope of their employment with Oregon
County.
15. Defendant Tim Ward was Sheriff of Oregon County from 1993-2008.
16. Defendant Eric King is the current Sheriff of Oregon County.
17. Defendants King, Sorrell, and Ward are sued in their individual and
official capacities.
18. Defendant Oregon County, Missouri, is a county in the State of
Missouri and operates the Oregon County Sheriff’s Office.
19. At all times relevant hereto, Defendants Sam Barton and Rusty
Warren were law enforcement officers employed by Alton, Missouri, acting under
the color of law and within the scope of their employment with Alton.
20. At all relevant times, Defendant Warren was the Alton police chief.
21. Defendants Barton and Warren are sued in their individual and official
capacities.
22. Defendant Alton, Missouri, is a municipal corporation in the State of
Missouri and operates the Alton, Missouri, police department.
Case 6:17-cv-03391-BP Document 1 Filed 12/08/17 Page 3 of 25
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23. Defendant Kass Brazeal is an investigator with the Missouri Fire
Marshall’s Office and a former employee of the Oregon County Sheriff’s
Department.
24. Defendant Michael Johnson is a retired former investigator with the
material exculpatory evidence, and ignored evidence of Mr. Amick’s innocence.
Case 6:17-cv-03391-BP Document 1 Filed 12/08/17 Page 21 of 25
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147. The misconduct described in this Count was undertaken with malice,
willfulness, and reckless indifference to Mr. Amick’s rights.
148. As a direct and proximate result of this misconduct, undertaken within
the scope of Defendants’ employment, Mr. Amick suffered injuries, including but not
limited to severe emotional distress, as is more fully alleged above.
Count VII – State Law Claim
Civil Conspiracy
149. Plaintiffs repeat and re-allege all of the paragraphs in this Complaint
as if fully set forth herein.
150. Plaintiff Michael Amick brings this claim against all Defendants.
151. As described more fully in the preceding paragraphs, each of the
individual Defendants, acting in concert with one another and other co-conspirators,
known and unknown, conspired to accomplish an unlawful purpose by unlawful
means.
152. In furtherance of the conspiracy, Defendants committed overt acts and
were otherwise willing participants in joint activity.
153. As a direct and proximate result of this misconduct, Mr. Amick
suffered injuries, including but not limited to severe emotional distress, as is more
fully alleged above.
Count VIII – State Law Claim
False Arrest
154. Plaintiffs repeat and re-allege all of the paragraphs in this Complaint
as if fully set forth herein.
155. Plaintiff Michael Amick brings this claim against all Defendants.
Case 6:17-cv-03391-BP Document 1 Filed 12/08/17 Page 22 of 25
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156. As described more fully in the preceding paragraphs, each of the
Individual Defendants, unlawfully arrested Mr. Amick and/or caused Mr. Amick to
be arrested.
157. As a direct and proximate result of this misconduct, Mr. Amick
suffered injuries, including but not limited to severe emotional distress, as is more
fully alleged above.
Count IX – State Law Claim
Abuse of Process
158. Plaintiffs repeat and re-allege all of the paragraphs in this Complaint
as if fully set forth herein.
159. Plaintiff Michael Amick brings this claim against all Defendants.
160. Defendants’ misconduct in falsely implicating Mr. Amick for
murdering Maxine Vaughan and burning down the Risner house constituted an
improper use of process that was neither warranted nor authorized by the process.
161. Defendants abused legal process as described above, for an illegal
purpose and with an illegitimate and collaborative objective, and acted willfully and
with an ulterior motive in their use of legal process, by using their authority and
office as police officers for purposes other than legitimately investigating and
prosecuting criminal acts.
162. As a direct and proximate result of this misconduct, Mr. Amick
suffered injuries, including but not limited to severe emotional distress, as is more
fully alleged above.
Case 6:17-cv-03391-BP Document 1 Filed 12/08/17 Page 23 of 25
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Count X – State Law Claim
Loss of Consortium
163. Plaintiffs repeat and re-allege all of the paragraphs in this Complaint
as if fully set forth herein.
164. Plaintiffs Michael Amick and Sara Amick bring this claim against all
Defendants.
165. In the manner described more fully above, the Defendants tortiously
caused each of the Plaintiffs to be deprived of the services, society, support, felicity,
and companionship of one another, all without justification.
166. The misconduct described in this Count was objectively unreasonable
and was undertaken intentionally, with reckless and deliberate indifference to the
rights of others, and in total disregard of the truth and of Mr. Amick’s innocence.
167. As a result of Defendants’ misconduct described in this Count,
Plaintiffs suffered great mental anguish, humiliation, degradation, pain and
suffering, and other grievous and continuing injuries and damages.
Count XI – State Law Claim
Respondeat Superior
168. Plaintiffs incorporate each paragraph of this Complaint as if fully
restated here.
169. In committing the acts alleged in the preceding paragraphs, the
Individual Defendants were members and agents of the Oregon County Sheriff’s
Department, part of Oregon County, or the Alton Police Department, part of Alton,
Missouri, and they were acting at all relevant times within the scope of their
employment and under color of law.
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170. Defendants Oregon County and Alton are liable as principal for all
torts committed by their agents.
WHEREFORE, Plaintiffs, Michael Amick and Sara Amick, respectfully
request that this Court enter judgment in their favor and against Defendants
OREGON COUNTY, MISSOURI; ALTON, MISSOURI; SAM BARTON; KASS
BRAZEAL; MICHAEL JOHNSON; ERIC KING; DARRIN SORRELL; TIM WARD;
and RUSTY WARREN, awarding compensatory damages, costs, and attorneys’ fees
against all Defendants, and punitive damages against each of the Individual
Defendants in their individual capacities, as well as such further and additional
relief as this Court deems just and appropriate.
JURY DEMAND
Plaintiffs, Michael Amick and Sara Amick, hereby demand a trial by jury
pursuant to Federal Rule of Civil Procedure 38(b) on all issues so triable.
RESPECTFULLY SUBMITTED:
/s/ Josh Loevy
Attorney for Michael Amick and Sara Amick
Arthur Loevy*
Jon Loevy*
Scott Rauscher*
Josh Loevy
LOEVY & LOEVY
311 N. Aberdeen St., 3rd floor
Chicago, IL 60607
(312) 243-5900
Attorneys for Plaintiffs
* Pro hac vice application forthcoming
Case 6:17-cv-03391-BP Document 1 Filed 12/08/17 Page 25 of 25
12/8/2017 Missouri Western Civil Cover Sheet
1/2
JS 44 (Rev 09/10)
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI
CIVIL COVER SHEET
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information containedherein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized foruse only in the Western District of Missouri.
The completed cover sheet must be saved as a pdf document and filed as an attachment to the Complaintor Notice of Removal.
Basis of Jurisdiction: 3. Federal Question (U.S. not a party) Citizenship of Principal Parties (Diversity Cases Only) Plaintiff: N/A Defendant: N/A Origin: 1. Original Proceeding Nature of Suit: 440 All Other Civil RightsCause of Action: 42 U.S.C. § 1983 - Wrongful conviction Requested in Complaint Class Action: Not filed as a Class Action
Monetary Demand (in Thousands): Jury Demand: Yes Related Cases: Is NOT a refiling of a previously dismissed action
Signature: Josh Loevy
Date: 12/8/2017
If any of this information is incorrect, please close this window and go back to the Civil Cover Sheet Input form to make the correction and generate the updatedJS44. Once corrected, print this form, sign and date it, and submit it with your new civil action.
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