/1 17 tV( ;, 18 19 20 21 22 23 24 25 26 Plaintiffs TAMECA SHELTON, NASHAY TRICE FAY YOUNG, EMMA JEAN () /- --\ - j '-r,itED 1 ROBERT D. CONAWAY (SBN 119657) LAW OFFICE OF ROBERT D. CONAWAY 2 12127 Mall Blvd, Suite A-363 3 Victorville, California 92392 Telephone: (760) 617-8305 4 E-Mail: [email protected]5 Attorneys for Plaintiffs 6 zaiii APR" AM 10: o~' CLERK U.S. DISTRICT COUll CLNTRAL DIST. OF Cl.lf. " ,l9RIVERSIDE 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION C Ol EDCV14 = 00711 JGB 0\ . 11 TAMECA SHELTON, NASHAY TRICE, FAY YOUNG, EMMA JEAN YOUNG, 12 individuals, CASE No. 13 14 15 16 V. COMPLAINT FOR DAMAGES & INJUNCTIVE RELIEF 1. 42 USC 1983 (RETALIATION) 2.42 USC 1983 (4th Amendment) 3.42 USC 1985(3) (CONSPIRACY) 4. Calif.Const. Article 1,7 & 13 5. Calif. Civil Code 51.7(RALPH Act) 6. Calif. Civil Code 52.1 (BANE Act) 7. Calif. Civil Code 1714 (Negligence) 8. Common Law Battery Plaintiffs, JOHN McMAHON, SAN BERNARDINO COUNTY SHERIFF's DEPARTMENT COUNTY of SAN BERNARDINO, DOES 1-10~. Defendants DEMAND FOR JURY TRIAL 27 YOUNG, individuals, TAMECA SHELTON & NASHAY TRICE ("Plaintiffs") allege: 28 -1- Case 5:14-cv-00711-JGB-SP Document 1 Filed 04/11/14 Page 1 of 23 Page ID #:5
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/1 17tV( ;, 18
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26 Plaintiffs TAMECA SHELTON, NASHAY TRICE FAY YOUNG, EMMA JEAN
() /- --\- j'-r,itED
1 ROBERT D. CONAWAY (SBN 119657)LAW OFFICE OF ROBERT D. CONAWAY
2 12127 Mall Blvd, Suite A-363
3 Victorville, California 92392Telephone: (760) 617-8305
20 from interfering by force or by threat of violence with federal or state constitutional or
21statutory rights.
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2370. The conduct of each Defendant as described above was done for the purpose
24 f interfering with and attempting to interfere with Plaintiffs' right to be free from
25 unreasonable invasions of their privacy and to be accorded due process under Article
261 Sections 1,7 and 13 of the California Constitution, and for that reason violated
27 Plaintiff's rights under California Civil Code 52.1 (b).
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Case 5:14-cv-00711-JGB-SP Document 1 Filed 04/11/14 Page 17 of 23 Page ID #:21
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SEVENTH CLAIM FOR RELIEFNegligence/Civil Code 1714
(ALL PLAINTIFFS vs ALL DEFENDANTS)
71. Plaintiffs incorporate paragraphs 1-70 above.
72. The conduct of each defendant in doing or failing to do the other wrongful acts
6 herein alleged was done as a result of the negligence of all Defendants. The County of
7San Bernardino is liable for the negligence of its employees, including each of the
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Defendants named herein under Government Code 815.2.
73. Plaintiffs are informed and believe and thereon allege that John McMahon
11 and other Doe employees of the County of San Bernardino and its Sheriff's Department
12 were negligent in their hiring, training, supervision and discipline of employees of the
13 County of San Bernardino and that such negligence was a legal cause of the injuries
14and damages Plaintiffs suffered.
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EIGHTH CLAIM FOR RELIEFBattery/Civil Code by anyone who is not a County Employee
(ALL PLAINTIFFS vs DOE DEFENDANTS)
74.
75.
Plaintiffs incorporate paragraphs 1-73 above.
Due to the unwillingness of the County to identify the assailants, Plaintiff
20 TAMECA and NASHA Y make this alternative allegation against Doe Defendants to the
21 extent they are not peace offcers and subject to a government code claim requirement
22 for the injuries sustained from the unconsented to and unprovoked physical attack on
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December 7, 2013.
WHEREFORE each PLAINTIFF requests against each
Defendant except as stated hereafter:
1. Restraining order in the form of appropriate preliminary and permanent
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injunctive relief and a mandatory injunction to screen, educate and enforce
race neutral field investigative, public contact and administrative record
release policies;
2. General damages according to proof;
3. Special damages according to proof
4. Statutory damages as provided in California Civil Code 52(b), 52.1 (b) and any
other applicable statute or actual damages, whichever is greater;
5. Punitive damages as allowed under applicable state law against individual
Defendants;
6. Costs, interest and attorney fees as allowed under federal and state law,
Including but not limited to 42 USC 1988 and the California Civil Code 51 et seq
7. Such other relief as is just and proper;
DEMAND for JURY TRIAL
All Plaintiffs demand a jury trial on each claim for relief & as
against each defendant named & to be named upon ascertainment & verification.
Date: April 10, 2014
laintiffs
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Case 5:14-cv-00711-JGB-SP Document 1 Filed 04/11/14 Page 19 of 23 Page ID #:23
. , () ()UNITED S'l nfES DISTRICT COURT, CENTRAL DISTRICT OF- ~ALIFORNIA
CIVIL COVER SHEET
I. (a) PLAINTIFFS ( Check box if you are representing yourself D ) DEFENDANTS ( Check box if you are representing yourself 0 )
TAMECA SHELTON, NASHAY TRICE, FAY YOUNG, EMMA JEAN YOUNG, individuals JOHN McMAHON, SAN BERNARDINO COUNTY SHERIFF's DEPARTMENT, COUNTY of
SAN BERNARDINO, DOES 1-100.
(b) County of Residence of First Listed Plaintiff San Bernardino(EXCEPT IN U.s. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address and Telephone Number) If you are
representing yourself, provide the same information.ROBERT D. CONAWAY (SBN 1196S7)LAW OFFICE OF ROBERT D. CONAWAY
12127 Mall Blvd, Suite A-363Victorville, California 92392 Ph: (760) 617-8305
II. BASIS OF JURISDICTION (Place an X in one box only.)
County of Residence of First Listed Defendant
(IN u.S. PLAINTIFF CASES ONL Y)
Attorneys (Firm Name, Address and Telephone Number) If you arerepresenting yourself, provide the same information.
D 1. U.s. GovernmentPlaintiff
¡: 3. Federal Question (U.s.
Government Not a Party)
II. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only(Place an X in one box for plaintiff and one for defendant)
Citizen ofThis State ër 1 'OF 1 Incorporated or Principal Placeof Business in this State
Citizen of Another State 0 2 0 2 Incorporated and Principal Place
of Business in Another State
PTF
o 4
o 5
DEF
o 4
o S
D 2. U.s. GovernmentDefendant
D 4. Diversity (Indicate Citizenshipof Parties in Item III)
Citizen or Subject of aForeign Country o 3 0 3 Foreign Nation o 6 0 6
IV. ORIGIN (Place an X in one box only.)
'X 1. Original D 2. Removed from D 3. Remanded from~ Proceeding State Court Appellate Court4 R . d 6. Multi-
D . einstate or D 5. Transferred from Another 0 DistrictReopened District (Specify) Litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: ¡: Yes D No (Check "Yes" only if demanded in complaint.)
CLASS ACTION under F.R.Cv.P. 23: DYes ¡: No ¡: MONEY DEMANDED IN COMPLAINT: $ as per proof
VI. CAUSE OF ACTION (Cite the U.s. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)42 U5C 1983 (RETALIATION), 42 USC 1983 (4th Amendment),42 USC 1985(3) (CONSPIRACYJ--Case is about a race-based/motivated assault & battery on 2 African Americanwomen by peace officer and possibly an attorney for the County of San Bernardino & direct personal involvement of Sheriff to cover up or suppress evidence & chill claim
VII. NATURE OF SUIT (Place an X in one box only).
0 375 False Claims Act
D 400 State 120 Marine Reapportionment
D 410 Antitrust o 130 Miller Act
D 430 Banks and Banking o 140 NegotiabieInstrument
D 450 Commerce/ICC150 Recovery of
Rates/Etc.o Overpayment & 0
D 460 Deportation Enforcement of
470 Racketeer Influ-Judgment 0
D enced & Corrupt Org. 0 151 Medicare Act 0D 480 Consumer Credit 152 Recovery of
D 490 Cable/Sat TV0 Defaulted Student 0
Loan (ExcJ Vet.)
D 850 Securities/Com-153 Recovery of
0modities/Exchange
o Overpayment of 0D 890 Other Statutory Vet. Benefits
Actions160 Stockholders' 0
D 891 Agricultural Acts 0 Suits DD 893 Environmental 0 190 Other
Matters Contract 0D 895 Freedom of Info.
o 195 ContractAct Product Liability 0D 896 Arbitration o 196 Franchise 0
899 Admin. Procedures
D Act/Review of Appeal of 0 210 Land 0Agency Decision Condemnationo 220 Foreclosure
Case 5:14-cv-00711-JGB-SP Document 1 Filed 04/11/14 Page 20 of 23 Page ID #:24
, , (\/\\ Î \ )UNITED 5. ",TES DISTRICT COURT, CENTRAL DISTRICT OF I.ALlFORNIA
CIVIL COVER SHEET
VII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will most likely be initially assigned. This initial assignmentis subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of RemovaL.
Question A: Was this case removed fromstate court?
o Yes ~ No
If "no, " go to Question B. If "yes," check thebox to the right that applies, enter thecorresponding division in response toQuestion D, below, and skip to Section IX.
o Los Angeles
o Ventura, Santa Barbara, or San Luis Obispo
o Orange
o Riverside or San Bernardino
Western
Western
Southern
Eastern
o Yes ~ No
Question B: Is the United States, or one 0its agencies or employees, a party to thisaction?
If "no, " go to Question c. If "yes," check the 0 Los Angeles 0 Los Angeles
box to the right that applies, enter the0 Ventura, Santa Barbara, or San Luis Ventura, Santa Barbara, or San Luis
corresponding division in response to Obispo 0 ObispoQuestion D, below, and skip to Section IX. 0 Orange 0 Orange
0 Riverside or San Bernardino 0 Riverside or San Bernardino
0 Other 0 Other
Western
Western
Southern
Eastern
Western
C.l. Is either of the following true? If so, check the one that applies:
D 2 or more answers in Column C
D only 1 answer in Column C and no answers in Column D
C.2. Is either of the following true? If so, check the one that applies:
l8 2 or more answers in Column D
D only 1 answer in Column D and no answers in Column C
If none applies, answer question C2 to the right. ..
Your case will initially be assigned to theEASTERN DIVISION.
Enter "Eastern" in response to Question D, below.
If none applies, go to the box below. l
Your case will initially be assigned to theSOUTHERN DIVISION.
Enter "Southern" in response to Question D, below.
Your case will initially be assigned to theWESTERN DIVISION.
Enter "Western" in response to Question D below.
Enter the initial division determined by Question A, B, or C above: ..
CV-71 (11/13) CIVIL COVER SHEET Page20f3
Case 5:14-cv-00711-JGB-SP Document 1 Filed 04/11/14 Page 21 of 23 Page ID #:25
. . () (jUNITED 5. ATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
If yes, list case number(s):
IX(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? DYES¡g NO
IX(b). RELATED CASES: Have any cases been previously fied in this court that are related to the present case?
If yes, list case number(s):
¡g NO DYES
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or
o B. Call for determination ofthe same or substantially related or similar questions of law and fact; or
o C. For other reasons would entail substantial duplication of labor if heard by different judges; or
o D. Involve the same patent, tr øne of the factors identified abQlIe-in.â;6.~r c also is present.~~...~...-..
X. SIGNATURE OF ATTORNEY
(OR SELF-REPRESENTED LITIGANT):
/'
DATE: April 11, 2014
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained her neither replace nor supplement the filing and service of pleadings orother papers as required by law. This form, approved by the Judicial Conference ofthe United St in September 1974, is required pursuant to Local Rule 3-1 is not filedbut is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil d et sheet. (For more detailed instructions, see separate instructions sheet).
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation
861 HIA
862 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
Substantive Statement of C use of ActionAll claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also,include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program.(42 U.5.c. 1935FF(b))
All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.5.c.923)
All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plusall claims filed for child's insurance benefits based on disabilty. (42 U.5.c. 405 (g))
All claims filed for widows or widowers insurance benefits based on disabilty under Title 2 of the Social Security Act, asamended. (42 U.5.c. 405 (g))
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, asamended.
All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended.(42 U.5.c. 405 (g))
CV-71 (11/13) Page30f3CIVIL COVER SHEET
Case 5:14-cv-00711-JGB-SP Document 1 Filed 04/11/14 Page 22 of 23 Page ID #:26
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES
This case has been assigned to District Judge
Magistrate Judge is Sheri PymJesus G. Bernal and the assigned
The case number on all documents fied with the Court should read as follows:
EDCV14-711 JGB(SPx)
Pursuant to General Order 05-07 of the United States District Court for the Central District of
California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge.
Clerk, U. S. District Court
April 11,2014
Date
By Angelique Dominguez
Deputy Clerk
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintifs).
Subsequent documents must be fied at the following location:
D Western Division312 N. Spring Street, G-8Los Angeles, CA 90012
D Southern Division411 West Fourth St., Ste 1053Santa Ana, CA 92701
rR Eastern Division3470 Twelfth Street, Room 134Riverside, CA 92501
Failure to fie at the proper location wil result in your documents being returned to you.
CV-18 (0811) NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES
Case 5:14-cv-00711-JGB-SP Document 1 Filed 04/11/14 Page 23 of 23 Page ID #:27