SOUTHERN DIVISION KATHERINE THOMAS, ) individually, and as the administrator ) of the estate of CHRISTOPHER ) JEROME THOMAS; ) ) Plaintiff, ) CAFN: 1:13-cv-920-WHA-SRW ) v. ) ) DARREN MOODY, ) in his individual capacity; ) ) And ) ) CITY OF DOTHAN, ALABAMA ) ) JURY DEMANDED Defendants. )
FIRST AMENDED COMPLAINT Plaintiff KATHERINE THOMAS, as the administrator of the estate of CHRISTOPHER JEROME THOMAS (Decedent), and through her undersigned attorney, files this Complaint. Ms. Thomas will use 42 U.S.C. 1983 as the vehicle to vindicate her rights under the Fourth and Fourteenth Amendments to the United States Constitution, to redress the deprivation of the Decedents Constitutional rights by Officer DARREN MOODY, a Defendant in this action. Ms. Thomas will also seek to hold Defendant Moody liable under Alabama law for the wrongful death of her son. Regarding the City of Dothan, Ms. Thomas will use Case 1:13-cv-00920-WHA-SRW Document 23-1 Filed 05/13/14 Page 1 of 18 2
Alabama state law to vindicate her rights against the City. In support of her First Amended Complaint, the Mrs. Thomas alleges the following: INTRODUCTION On June 28 2012, Defendant Moody shot and killed a person he admittedly mistook for a criminal suspect. On that date, Moody followed the Decedent while initially believing the Decedent was another person, Booty Bop, suspected of a crime. Moody even called in Booty Bops real name on his dispatch radio as he pulled behind the Decedents car. Moody, however, should have known that the vehicle he was following was not the same vehicle Moodys suspect, Booty Bop, drove. Further, the Decedent and Booty Bop look nothing alike--except the fact that both are African-American. Nevertheless, Moody shot and killed the Decedent as the Decedent sat in a stopped vehicle. At the time of the shooting, the Decedent posed no threat to Moody or to any other person, nor was the Decedents car aimed at Moody or anyone else. Moodys objectively unreasonable use of deadly force violated the Decedents Constitutional right to be free from an unreasonable seizure. Moodys unreasonable use of deadly force also directly and proximately caused the Decedents wrongful death. Therefore, the Plaintiff files this action on Decedents behalf.
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PARTIES 2. At all times relevant to this Complaint Katherine Thomas was a citizen of the United States and a resident of Midland City, Alabama. Ms. Thomas is the natural mother of the Decedent and is the administrator of the Decedents estate. At all times relevant to this Complaint the Decedent had clearly established legal rights under state and federal law and the United States Constitution. Ms. Thomas submits herself to the jurisdiction and venue of this Court and is entitled to bring this action on the Decedents behalf under state and federal law for all general, special, compensatory, punitive, and any other permissible damages. 3. At all times relevant to this Complaint Darren Moody was a United States citizen, an Alabama resident, and a sworn officer of the Dothan Police Department. At all relevant times to this Complaint Defendant Moody was acting under the color of state law. At all relevant times, Defendant Moody was subject to the laws of the State of Alabama and the Constitution of the United States. At all relevant times, Moody was responsible for knowing and acting in accordance with all policies, procedures, orders, special orders, general orders, guidelines and regulations of the Dothan City Police Department, while upholding his responsibility to patrol the streets of Dothan, Alabama as a Dothan City police Case 1:13-cv-00920-WHA-SRW Document 23-1 Filed 05/13/14 Page 3 of 18 4
officer. When Moody first saw the Decedent, Moody called in the license plate of the vehicle the Decedent was driving. Moody had reason to know, within seconds of pulling behind the Decedents car, that the Decedents car was not the car of the suspect, Booty Bop, that Moody was looking for. Moody pursued the Decedent nevertheless. The Decedent and Moodys vehicle entered a spacious and nearly empty parking lot. At that point, Moody misstated over his vehicle radio that the Decedent was trying to ram cars. When the Decedents car stopped while in the parking lot, Moody existed his car and circled around the back of his own patrol car. From the rear right side of his own patrol car, Moody approach the left driver side window of the Decedents car, and at that time, the Decedents car was completely stopped. Moody was several feet away from the subject driver side window while the Decedents car was stopped and not facing or moving toward Moody in any manner, and not facing or moving toward anyone in any manner. At that point, Moody saw that (1) the Decedent was unarmed and that (2) the Decedent was not Booty Bop, the suspect who Moody was looking for. Moody never gave the Decedent adequate time to obey any alleged command. Instead, Moody shot the Decedent multiple times, including gunfire to the side of the Decedents neckall while the Decedents car was not moving and not facing (endangering) anyone, including Moody. Ms. Thomas is using 42 U.S.C 1983 as Case 1:13-cv-00920-WHA-SRW Document 23-1 Filed 05/13/14 Page 4 of 18 5
the vehicle to sue Moody in his individual capacity regarding federal claims. Moody has been served in this case. 4. The City of Dothan, Alabama is a municipality organized and existing under the laws of the State of Alabama, County of Houston, and has been so for a period preceding six months prior to the filing of this case. Also, at the time of the subject event that has given rise to this lawsuit, the City of Dothan was the public employer of Defendant Moody. JURISDICTION AND VENUE 5. This Court has original subject matter jurisdiction over the federal claim in this action in accordance with 28 U.S.C. 1331 because the claim raises a federal question under the laws and Constitution of the United States. 6. This Court has supplemental subject matter jurisdiction over the state claim in this action under 28 U.S.C. 1367(a) because the state and federal claims form part of the same case or controversy under Article III of the United States Constitution.
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7. This Court has personal jurisdiction over the Defendant because he is domiciled in Alabama. 8. Venue is proper in the Middle District of Alabama under 28 U.S.C. 1391(b)(1) because the Defendant resides in this district and under 28 U.S.C. 1391(b)(2) because a substantial part of the events giving rise to the claims occurred in this district. FACTS COMMON TO ALL COUNTS 9. When Defendant Moody pursued Christopher Thomas on June 28 2012, Moody was engaged in official law enforcement duties on behalf of the City of Dothan. 10. The firearm that Moody used to fatally shoot the Decedent was a government issued firearm. 11. On June 28 2012, an official duty of Defendant Moody, in his capacity as a Peace Officer for the City of Dothan, was to enforce traffic and criminal laws through his power of arrest. Case 1:13-cv-00920-WHA-SRW Document 23-1 Filed 05/13/14 Page 6 of 18 7
12. When Defendant Moody aimed his firearm at the Decedent, Moody was engaged in law enforcement duties, within the course and scope of his employment, as a peace officer for the City of Dothan. 13. When Defendant Moody discharged his firearm on June 28 2012, he was engaged in law enforcement duties, within the course and scope of his employment, as a peace officer for the City of Dothan. 14. When Defendant Moody shot Christopher Thomas on June 28 2012, Moody was engaged in official law enforcement duties on behalf of the City of Dothan. 15. On June 28 2012, when Defendant Moody was communicating with dispatch while following behind the car being drove by the Christopher Thomas, Moody was engaged in law enforcement duties, within the course and scope of his employment, as a peace officer for the City of Dothan. 16. From the time Moody began pursuing the car Christopher Thomas was driving through the time Moody shot Christopher Thomas, Moody was acting Case 1:13-cv-00920-WHA-SRW Document 23-1 Filed 05/13/14 Page 7 of 18 8
within the course and scope of his employment as a peace officer for the City of Dothan. 17. On June 28, 2012 Defendant Moody was an employee of the City of Dothan. 18. On June 28, 2012, Defendant Moody had an encounter with an individual known as Booty Bop in Dothan, Alabama. 19. On June 28 2012, the Defendant Moody was patrolling the streets of Dothan when he passed the Decedents white SUV going in the opposite direction. Moody mistakenly believed that the driver of the white SUV was Booty Bop. In fact, the driver of the white SUV was the Decedent. 20. At the point the Moody mistakenly believed the Decedent was Booty Bop, the Decedent had not committed any crimes in the Defendants presence, and the Defendant had no reason to believe that the Decedent had committed any crimes outside of his presence. 21. In light of the facts above in paragraph 20, Moody nevertheless followed the Decedent into a virtually empty parking lot. Case 1:13-cv-00920-WHA-SRW Document 23-1 Filed 05/13/14 Page 8 of 18 9
22. While in the parking lot, Moody misreported the event on his police radio, stating that the Decedent had tried to ram an unmarked car. 23. While still in the parking lot, the Decedent stopped his vehicle. 24. Moody stopped his patrol car to the left of the Decedents vehicle. Moody then exited his patrol car and moved around its back. From the back right rear of his Patrol car, Moody approached the left side drivers window of the Decedents car. 25. Moody approached the Decedents drivers side window with his gun drawn, standing at a distance of several feet from the subject driver side window. At this point, Moody saw, and thus knew, that the Decedent was unarmed. 26. The Decedents vehicle had come to a complete stop, he was unarmed, and neither the Defendant nor any other person was in a position to be struck or otherwise harmed by the Decedent.
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27. With his gun drawn, Moody saw the face of the Decedent while approaching the Decedents stopped vehicle. At that moment, Moody knew and had every reason to know that the Decedent was not Moodys suspect, Booty Bop. Nevertheless, and before giving the Decedent any time to respond to any alleged command, Moody immediately opened fire on the Decedent, while knowing the subject vehicle was not aimed at (or moving towards) him in any manner, and while knowing the subject vehicle was stopped and not aimed at (or moving toward) anyone. 28. Moodys gunfire struck the Decedent five times (twice in the side of the Decedents neck), killing him. 29. At no time prior to, during, or after Moody fatally shot the Decedent, did the Decedent aim his car at Moody or any other police officer or pedestrian. 30. The Decedents autopsy report demonstrates that all five shots entered the Decedent on a left-to-right trajectory (two in the neck from left to right). The trajectory and angle of Moodys gunfire is consistent with the allegation that Case 1:13-cv-00920-WHA-SRW Document 23-1 Filed 05/13/14 Page 10 of 18 11
Moody fatally shot the Decedent while standing to the side of the Decedents vehicle out of harms way. COUNT ONE (FEDERAL CLAIM) 42 U.S.C. 1983FOURTH AMENDMENT VIOLATION (Against Moody) 31. The Plaintiff hereby reiterates and incorporates by reference the allegations contained in paragraphs 1-30 as if set forth fully herein. 32. At all times relevant to this Complaint the Decedent had a clearly established right under the Fourth Amendment to the United States Constitution to be free from unreasonable seizure by government agents such as the Defendant. 33. Based on all facts that have been incorporated to support this Count, Moody violated the Decedents clearly established right to be free from unreasonable seizure by using deadly force on the Decedent when the Decedent posed no threat to the Defendant or to any other person. 34. Because of Moodys objectively unreasonable conduct, the Plaintiff therefore seeks all damages permitted by law, including punitive damages, against Case 1:13-cv-00920-WHA-SRW Document 23-1 Filed 05/13/14 Page 11 of 18 12
the Defendant, in an amount to be determined by the enlightened conscience of a jury, together with interest and any costs this Court deems just. COUNT TWO (STATE CLAIM) ALA. CODE 6-5-410WRONGFUL DEATH (Against Moody) 35. The Plaintiff hereby reiterates and incorporates by reference the allegations contained in paragraphs 1-34 as if set forth fully herein. 36. The Plaintiff is the natural mother of the Decedent and the administrator of the Decedents estate. 37. Based on the incorporated facts and claim to support this Count, and while working within the scope of his employment with the City of Dothan, Moody wrongfully killed the deceased by violating the City of Dothans policy/regulation regarding the use of deadly force against Dothan residents such as the Decedent. Also, while working within the scope of his employment with the City of Dothan, Moody violated the Decedents clearly established Fourth Amendment right to be free from unreasonable seizure.
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38. Moodys wrongful conduct, as demonstrated above, directly and proximately caused the Decedents death. 39. Because the Defendants wrongful act caused the death of the Decedent, the Plaintiff is entitled to bring this survival action pursuant to ALA. CODE 6-5-410. 40. The Plaintiff has complied with all Notice of Claim requirements. 41. The Plaintiff therefore seeks all damages permitted by law, including punitive damages, against the Defendant, in an amount to be determined by the enlightened conscience of a jury, together with interest and any costs this Court deems just. COUNT THREE (STATE CLAIM) ALA. CODE 11-47-190NEGLECTFULNESS, UNSKILLFULNESS OR CARELESSNESS AGAINST THE CITY OF DOTHAN 42. The Plaintiff hereby reiterates and incorporates by reference the allegations contained in paragraphs 1-41 as if set forth fully herein.
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43. Defendant Moody , agent of the city of Dothan Police Department, carried out his duties on the subject date and at the time in a neglectful, unskillful, and/or careless manner. Indeed, based on the incorporated facts that support this Count, and while working within the scope of his employment with the City of Dothan, Moody violated detailed policies/regulations of the City of Dothan to a degree that resulted in the absolute unnecessary and unlawful death of the Decedent. The facts incorporated to support this Count also demonstrate that Defendant Moodys negligent use of deadly force arose from unskillfulness, neglect and carelessness related to the violation of specific internal policies and regulations. 44. Also, the facts incorporated into this Count demonstrate that the neglectfulness, unskillfulness, and carelessness of Defendant Moody, in relation to detailed policies/regulations, ultimately caused Moody to commit the act of negligent assault and battery against the Decedent, and thus the City of Dothan is potentially liable to Plaintiff for the Decedents death. 45. For the above reasons in this Count, the City of Dothan is liable to Plaintiff for the neglectfulness, unskillfulness, or carelessness of Defendant Moody.
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COUNT FOUR (STATE CLAIM) NEGLIGENT HIRING
46.
The City of Dothan is liable to Mrs. Thomas because the City hired Moody in a negligent manner, by failing to follow detailed rules and regulations that would have placed the City on clear notice of conduct by Moody that the City itself deems unacceptable for police candidates, such as (1) Moodys suspension from the Pensacola Police Department, in 1996, for violating Floridas battery statute when he punched his then girlfriend in the eye while at a public establishment; (2) Moodys resignation, in 2003, while being investigated (and recommended for termination) for violating moral character standards (characterized by his then Chief as scandalous and disgraceful conduct while on or off duty) related to beating up a different girlfriend; (3) internal allegations of Moody violating policies regarding control of evidence; (4) internal allegations of Moody violating reporting requirements; (5) Moodys proclivity to make trivial traffic stops and turn them into full blown search and seizures based on unlawful grounds; (6) Moodys more than experimental use of marijuana; (7) Chiefs demand that Moody undergo evaluation and counseling for anger management and also a different recommendation, by a different police official, that Moody take diversity training; and more.
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47. By failing to follow detailed rules regarding the hiring of Moody, the City of Dothan placed an officer who never worked as a peace officer in Florida again after 2003 on to the streets of Dothan, Alin 2008with a license to use deadly force. Had the City followed its own hiring practices, the City would not (and should not) have hired Moody. If the City of Dothan had not hired Moody, we know for sure that Moody would not have fatally shot the Decedent in the capacity of a Dothan Police Officer. Consequently, the City of Dothan is liable to Mrs. Thomas for the Decedents death in the form of all damages allowable under controlling law. ATTORNEY FEES 48. Plaintiff is entitled to reasonable attorney fees under applicable federal and state law. PUNITIVE DAMAGES 49. The wrongful conduct of Moody arose to a level that entitles Mr. Thomas to punitive damages under applicable law regarding Plaintiffs wrongful death claim.
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PRAYER FOR RELIEF WHEREFORE, the Plaintiff respectfully prays for the following relief: 1. That this Court exercise jurisdiction over this case and grant a jury trial; 2. That this Court decide, as a matter of law, all issues not required to be determined by a jury; 3. That this Court award all permissible damages recoverable from the Defendant, including general, special, compensatory, punitive, and any other damages deemed appropriate, in an amount to be determined at trial; 4. That this Court permit recovery of reasonable attorneys fees and costs in an amount to be determined by this honorable Court under applicable law; and 5. That this Court grant any additional relief that this Honorable Court deems appropriate under the circumstances. Respectfully submitted this 12 th day of May 2013, s/MARIO WILLIAMS Mario Williams GA Bar No.: 235254 Williams Oinonen, LLC 44 Broad Street, NW, Suite 200 Atlanta, Georgia 30303 (404) 654-0288 Telephone (404) 592-6225 Facsimile Case 1:13-cv-00920-WHA-SRW Document 23-1 Filed 05/13/14 Page 17 of 18 18
Counsel for Mrs. Thomas s/ M. ADAM JONES______ M. Adam Jones (JON 126) Al Bar No: ASB-7342-J63M
M. Adam Jones & Associates, LLC 206 N. Lena St. Dothan, AL 36303 Phone: (334) 699-5599 fax: (334) 699-5588
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