Robin C. McDermott,

City of Springfield, Missouri

Officer T.D. Royal

Officer Doug Wilson

Officer Darren Whisnant

Defendants
 
 
 

The plaintiff, Robin C. McDermott, complaining of the defendants, City of Springfield, Officer T.D. Royal, Officer Doug Wilson, and Officer Darren Whisnant, respectfully shows to this Court, pursuant to 42 U.S.C. Sec. 1983 and U.S. Supreme Court Rule 2, and alleges:

FIRST: Upon information and belief, that at all times hereinafter mentioned, the defendant THE CITY OF SPRINGFIELD was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the State of Missouri.

SECOND: Upon information and belief, that at all times hereinafter mentioned, the defendant the CITY OF SPRINGFIELD its agents, servants and employees operated, maintained and controlled the Police Department of the City of Springfield, including all the police officers thereof.

THIRD: Upon information and belief, that at all times hereinafter mentioned, and on or prior the 23^rd day of January, 1998, Police Officer T. D. Royal DSN #635, was employed by the defendant, the CITY OF SPRINGFIELD, as a police officer.

FOURTH: Upon information and belief, that at all times hereinafter mentioned, and on or prior to the 23^rd day of January, 1998, Police Officer Doug Wilson DSN #817, was employed by the defendant, THE CITY OF SPRINGFIELD, as a police officer.

FIFTH: Upon information and belief, that at all times hereinafter mentioned, and on or prior to the 23^rd day of January, 1998, Police Officer Darren Whisnant DSN #604, was employed by the defendant, THE CITY OF SPRINGFIELD, as a police officer.

SIXTH: That this action is commenced within one year after the cause of action arose.

SEVENTH: The plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs marked first through sixth with the same force and effect as if more fully set forth herein.

EIGHTH: That on or about the 23^rd day of January, 1998, at or about 1:00 a.m. of that day, in front of, contiguous to and adjacent to premises known and designated as 1601 N. Waverly, Springfield, in the County of Greene, City of Springfield and State of Missouri, the defendants, their agents, servants and employees, wrongfully, wickedly, maliciously, and falsely arrested, imprisoned and detained plaintiff, Robin C. McDermott, without any right or grounds therefor.

NINETH: That on the 23^rd day of January, 1998, the defendants wrongfully, maliciously and falsely accused the plaintiff, Robin C. McDermott, of obstructing justice in violation of Springfield City Ordinance Chapter 26, Section 17, of the code of the City of Springfield.

TENTH: That the said arrest and imprisonment was caused by the defendants, their agents, servants, and employees, without any warrant or other legal process, and without authority of the law and without any reasonable cause or belief that the plaintiff, Robin C. McDermott, was in fact guilty of such crimes.

ELEVENTH: That of the aforesaid date, time and place, the plaintiff, who had been then and there was duly and legally licensed to do so, was in conformity with the provisions of said statutes of the State of Missouri, and in a proper place and manner in the City of Springfield, County of Greene, State of Missouri, lawfully exercising her first Amendment Rights to Freedom of Speech as protected by the Constitution of the United States of America and Article 1 Section 8 of the Missouri Constitution.

TWELFTH: While the plaintiff was so engaged, as aforesaid, the defendants, their agents, servants, and employees, wrongfully and unlawfully, against the plaintiff’s wish, without probable cause, and on the sole charge, then made, that plaintiff was violating Springfield City Ordinance Chapter 26, Section 17, by enforcing her rights as a citizen, they forcibly and violently seized, assaulted and laid hold of and compelled her to go with the said defendant police officers to Cox North Hospital Emergency Room, 1423 N. Jefferson Av., 65802, for treatment of injuries inflicted upon the plaintiff by the defendants, and then to the Municipal Jail located at 321 E. Chestnut Expressway , 65802 and to be detained and imprisoned in or near premises known and designated as City Jail in the City of Springfield, County of Greene, State of Missouri, and continuing to other divers places and times, including but not limited to Central Booking and the Criminal Court of the City of Springfield, where the plaintiff was further detained and imprisoned even though the defendants, their agents, servants and employees, who, acting within the scope of their authority, had opportunity to know or should have known, that the matters herein before alleged, wrongfully, unlawfully and without a sufficient charge having been made against the plaintiff, directed that the plaintiff be searched and placed in confinement at said locations.

THIRTEENTH: That the plaintiff was wholly innocent of the said criminal charges and did not contribute in any way to the conduct of the defendants, their agents, servants and employees and was forced by the defendants to submit to the aforesaid arrest and imprisonment thereto entirely against her will.

FOURTEENTH: That as a result of the aforesaid accusations made by the defendants, their agents, servants and employees acting under their employment and within the scope of their authority, made falsely, publicly, wickedly and maliciously, the plaintiff was compelled to appear before a Judge James Grey of the Municipal Court of the City of Springfield, Greene County and be arraigned on or about the 4^th day of February, 1998.

FIFTEENTH: That the defendants, their agents, servants and employees, as set forth aforesaid on the aforementioned date, time and place, intended to confine the plaintiff; in that the plaintiff was conscious of the confinement; plaintiff did not consent to the confinement; and, that the confinement was not otherwise privileged.

SIXTEENTH: That by reason of the false arrest, imprisonment and detention of the plaintiff, she was subjected to great indignities, humiliation and ridicule, in being so detained, charged and prosecuted with various crimes, and greatly injured in her credit and circumstances and was then and there prevented and hindered from performing and transacting her necessary affairs and business, and she was caused to suffer much pain in both mind and body, the loss of employment and the loss of employment opportunities.

SEVENTEENTH: That by reason of the aforesaid, the plaintiff has been damaged in the sum of ONE MILLION ($1,000,000.00) DOLLARS.

EIGHTEENTH: Plaintiff repeats, reiterates and re-alleges each and every allegation contained in paragraphs marked FIRST through SEVENTEENTH with the same force and effect as if more fully and at length set forth herein.

NINETEENTH: That on or about the 23^rd day of January, 1998, at approximately 1:00 a.m. of that day, while the plaintiff was lawfully and properly at or near premises known and designated as 1601 N. Waverly, in the County of Greene, City of Springfield, and State of Missouri, the defendants, their agents, servants, and employees, without just cause or provocation and with great force and violence, violently seized, assaulted and laid hold of the plaintiff, Robin C. McDermott, including but not limited to intentionally, forcefully and violently laying hold of her about her arms, neck and back, causing her face and head to come into contact with the ground at which time the defendant’s dog, Ceasar, began attacking the plaintiff causing serious bodily harm there at and placing handcuffs upon the wrists of the plaintiff in a very tight and painful fashion.

TWENTIETH: That the defendants, their agents, servants and employees, acting as agents and on behalf of the defendants and within the scope of their employment, intentionally, willfully and maliciously assaulted, battered, and subjected plaintiff, Robin C. McDermott, to the attack of the dog, Ceasar, which was in the control of the defendant, in that they had the real or apparent ability to cause imminent harmful and /or offensive bodily contact and intentionally did violent and/or menacing act which threatened such contact to the plaintiff, and defendants, in a hostile and/or offensive manner touched, battered, and inflicted dog bites upon the plaintiff, without her consent and with the intention of causing harmful and/ or offensive bodily contact to the plaintiff and caused such battery in and about her head, neck, back, body and limbs.

TWENTY-FIRST: That by reason of the aforesaid intentional assault and battery committed by the defendants, their agents, servants and employees, acting within the scope of their authority, and without probable or reasonable cause, the plaintiff suffered great bodily injury in and about her head, neck, back, body, and limbs and was rendered sick, sore, lame and disabled, and among other things, she suffered conscious pain and suffering, and that she was otherwise damaged.

TWENTY-SECOND: That by reason of the aforesaid, the plaintiff has been damaged in the sum of ONE MILLION ($1,000,000.00) DOLLARS.

TWENTY-THIRD: Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs marked FIRST through TWENTY-SECOND with the same force and effect as if more fully and at length set forth herein.

TWENTY-FOURTH: That on or about the 23^rd day of January, 1998, at approximately 1:00 a.m. of that day, plaintiff, Robin C. McDermott, was lawfully and properly at her residence at 1601 N. Waverly, County of Greene, City of Springfield, State of Missouri, more particularly on the front porch thereat, at which time and place defendants then and there were at as part of their regular and official employment as police officers for the defendant, City of Springfield.

TWENTY-FIFTH: As plaintiff was lawfully and properly thereat her residence, she was approached by the aforementioned police officers, who having the real and apparent ability to cause imminent harmful and offensive bodily contact and the power and authority to arrest and imprison the plaintiff did so threaten these acts upon the plaintiff, who, after continuing her lawful activity, was approached by the defendants, Police Officer T.D. Royal DSN #635, Police Officer Doug Wilson DSN #817, while Police Officer Darren Whisnant DSN #604, failed to maintain control of said police dog, Ceasar, on the aforementioned date, time and place.

TWENTY-SIXTH: Plaintiff identified herself and notified the defendants of her property rights but the aforementioned defendants, their agents, servants and employees falsely arrested and imprisoned the plaintiff, severely assaulted and battered the plaintiff and deprived her of her rights and liberties as set forth in the Constitutions of the United States and of the State of Missouri, handcuffed her and threatened plaintiff with the possible use of firearms and weapons and the use of physical force; in that they continued to assault and batter the plaintiff and to imprison her without any conduct on the part of the plaintiff to so warrant; to wit:

1. in that all of the actions of the defendants, their agents, servants, and employees, were committed with the intention to cause bodily and mental injury to the plaintiff, to arrest, restrain and imprison the plaintiff without her consent, the plaintiff was at all times conscious of her arrest, did not consent to the false arrest and the false arrest and imprisonment were not otherwise privileged; and
2. the arrest and imprisonment were not justified by probable cause or other legal privilege; defendants, their agents, servants and employees, acting under the color of statute, ordinances, regulations, customs and usage’s of the State of Missouri, County of Greene, City of Springfield, and under the authority of their office as police officers for said City, falsely charged the plaintiff with violating Chapter 26 Section 17 Springfield City Code, although the defendants, acting in such capacity knew that such charges were false; and,
3. in that the defendants, their agents, servants and employees caused an assault and battery when they in a hostile and/or offensive manner threatened, touched and beat the plaintiff without her consent and with the intention of causing harmful and/or offensive bodily contact to the plaintiff, all without warrant, probable cause or any lawful cause whatever; and,
4. that the defendants, their agents, servants and employees permitted the use of policy and/or drafted policy that was violative of the constitutional rights of the above named plaintiff; and, in that each and all of the acts of the defendants, their agents, servants and employees alleged herein were done not as individuals but under the color and pretense of the statutes, ordinances, regulations, customs and usage’s of the State of Missouri, the City of Springfield, and the County of Greene, and under the authority of their office as police officers for said city and county.

TWENTY-SEVENTH: Plaintiff did not commit, either before or at the time she was falsely arrested and imprisoned, and assaulted and battered and deprived of her constitutional rights as set forth in the Constitution of the United States, particularly 42 U.S.C. Sec. 1983 and the Constitution of the State of Missouri, any illegal act.

TWENTY-EIGHTH: As a direct result of the illegal actions and conduct on the part of the defendants, their agents, servants and employees, plaintiff was falsely arrested and imprisoned, assaulted and battered, and compelled to be arraigned and appear in Criminal Court in the City of Springfield, County of Greene, State of Missouri.

TWENTY-NINTH: That at all times hereinafter mentioned, the defendants were employed in their respective capacities by the defendant THE CITY OF SPRINGFIELD and were acting under the color of their official capacity and their acts were performed under the color of the policies, statutes, ordinances, rules and regulations of the City of Springfield.

THIRTIETH: That at all times hereinafter mentioned, defendants, POLICE OFFICERS THOMAS D. ROYAL DSN#635, AND DOUG WILSON, DSN #817, AND DARREN WHISNANT, DSN #604, were acting pursuant to orders and directives from the defendant THE CITY OF SPRINGFIELD.

THIRTY-FIRST: That during all times hereinafter mentioned, the defendant police officers, and each of them, separately, and in concert, acted under color and pretense of law, to wit: under color of the statutes, ordinances, regulations, customs and usage’s of the City of Springfield and the defendants here, separately and in concert, engaged in the illegal conduct here mentioned to the injury of the plaintiff, Robin C. McDermott, and deprived plaintiff of the rights, privileges and immunities secured to her by the First and Fourteenth Amendments to the Constitution of the United States and the laws of the United States.

THIRTY-SECOND: The Police Officers of the defendant THE CITY OF SPRINGFIELD and its individual members who are agents, servants and employees of defendants, together with persons unknown to plaintiffs, acting under color law, have subjected plaintiff and other persons to a pattern of conduct consisting of illegal harassment, assault and battery, and false imprisonment’s and arrests at the time said persons is lawfully and properly at her residence in the County of Greene, City of Springfield, State of Missouri, in denial of rights, privileges and immunities guaranteed plaintiff, Robin C. McDermott, and other citizens by the Constitution of the United States.

THIRTY-THIRD: This systematic pattern of conduct consists of a large number of individual acts of violence, intimidation, false arrest and false imprisonment visited on plaintiff, Robin C. McDermott, and other citizens by members of the police department of defendant, THE CITY OF SPRINGFIELD, acting in concert with persons unknown to plaintiff and under color of law and said acts, while carried out under color of law, have no justification or excuse in law and are instead illegal, improper and unrelated to any activity in which police officers may appropriately and legally engage in the course of protecting persons or property or ensuring civil order.

THIRTY-FOURTH: Although defendants knew or should have known of the fact that this pattern of conduct was carried out by their agents, servants and employees, the defendant THE CITY OF SPRINGFIELD has not taken any steps or made any efforts to halt this course of conduct, to make redress to the plaintiff or other citizens injured thereby, or to take any disciplinary action whatever against any of their employees or agents.

THIRTY-FIFTH: The unlawful and illegal conduct of the defendants, their agents, servants and employees and each of them, deprived plaintiff of the following rights, privileges and immunities secured to her by the Constitution of the United States and of the State of Missouri:

1. The right of plaintiff to be secure in her person and effects against unreasonable search and seizure under the Fourth and Fourteenth Amendments to the Constitution of the United States: and,
2. The right of plaintiff to be informed of the nature and cause of the accusation against her as secured to her under the Sixth and Fourteenth Amendments of the Constitution of the United States; and,
3. The right of plaintiff not to be deprived of life, liberty or property without due process of law, and the right to the equal protection of the laws secured by the Fourteenth Amendment to the Constitution of the United States.

THIRTY-SIXTH: That by reason of the aforesaid violations, false arrest and false imprisonment, and assault and battery, caused by the defendants, their agents, servants and employees who conspired together to enter into a nefarious scheme to wrongfully deprive the plaintiff and compel her to abandon her rights and privileges as provided her in the Constitution of the United States of America, and provided her in the Constitution of the Missouri, and laws thereto, the defendants, their agents, servants and employees violated 42 U.S.C. sec. 1983 in that the defendants, their agents, servants and employees acted as persons who under color of any statute, ordinance, regulation, custom or usage of the City of Springfield, subjected or caused to be subjected, a citizen of the United States or other persons within the jurisdiction, particularly the plaintiff, Robin C. McDermott, thereof to be deprived of her rights, privileges or immunities received by the Constitution and laws of the United States of America and of the State of Missouri; was subjected to great indignities and humiliation, and pain and distress of mind and body and was held up to scorn and ridicule, injured in her character and reputation, was prevented from attending her usual business and vocation and was injured in her reputation in the community and the acts aforementioned were committed with the aim of injuring and damaging plaintiff.

THIRTY-SEVENTH: That by reason of the aforesaid intentional assault and battery and the false arrest and false imprisonment, deprivation of her rights and liberties as guaranteed by the aforementioned constitutions, by the defendants, their agents, servants and employees, acting within the scope of their authority, and without any probable or reasonable cause, the plaintiff suffered great bodily injury in and about her head, neck, back, body and limbs and was rendered sick, sore, lame and disabled, and among other things, she suffered conscious pain and suffering, and that she was otherwise damaged.

THIRTY-EIGHTH: That by reason of the aforesaid, the plaintiff requests the following relief:

1. Compensatory damages in the sum of ONE MILLION ($1,000,000.00) DOLLARS;
2. Punitive damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS;
3. An award of reasonable attorney’s fees, costs and disbursements;
4. Plaintiff requests a trial by jury of all issues involved in this complaint;
5. Such other and further relief as this court may deem just, meet and proper under the circumstances.

AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF

THIRTY-NINTH: Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs marked FIRST through THIRTY-EIGHTH WITH THE SAME FORCE AND EFFECT AS IF MORE FULLY AND AT LENGTH SET FORTH HERIN.

FORTIETH: That by reason of the aforesaid false arrest and imprisonment, vicious assault and battery caused willfully and maliciously by the defendants, their agents, servants and employees, the plaintiff was wrongfully deprived of her rights, privileges and benefits as provided to her under the Constitution of the United States of America and the Constitution of the State Missouri; sustained severe, serious and upon information and belief permanent injuries to her head, neck, back, body and limbs, was rendered sick, sore, lame and disabled and confined to bed and home and she was subjected to great indignities and humiliation, and pain and distress of mind and body, and was held up to scorn and ridicule, injured in her character and reputation, was prevented from attending her usual business and vocation, was injured in her reputation in the community and the acts aforementioned were committed with the aim of injuring and damaging the plaintiff.

FORTIETH-FIRST: That by reason of the aforesaid, plaintiff demands punitive damages in the amount of FIVE MILLION ($5,000,000.00) DOLLARS.

WHEREFORE, plaintiff demands judgment against the defendants in the sum of ONE MILLION ($1,000,000.00) DOLLARS on the First Cause of Action; ONE MILLION ($1,000,000.00) DOLLARS on the Second Cause of Action; The sum of ONE MILLION ($1,000,000.00) DOLLARS as and for Compensatory Damages, the sum of FIVE MILLION ($5,000,000.00) DOLLARS as and for Punitive Damages, and reasonable attorney’s fees on the Third Cause of Action; the sum of FIVE MILLION ($5,000,000.00) DOLLARS on the Fourth Cause of Action, together with costs and disbursements of this action.

Dated: Springfield, Missouri

October 1 , 1998

Robin C. McDermott

1601 N. Waverly

Springfield, Missouri 65803