Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 1 of 15

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GERAGOS & GERAGOS

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A PROFESSIONAL CORPORATION
LAWYERS

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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
Telephone (213) 625-3900
Facsimile (213) 232-3255
Geragos@Geragos.com

MARK J. GERAGOS SBN 108325
BEN J. MEISELAS
SBN 277412
Attorneys for Plaintiffs CINDY HAHN
AND BRANDON HAHN

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

GERAGOS & GERAGOS, APC

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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CINDY MICHELLE HAHN, individual;
BRANDON HAHN, an individual,

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Case No. 3:15-CV-02007-DMS-BGS
FIRST AMENDED COMPLAINT
FOR DAMAGES:

Plaintiffs,

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vs.

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1. VIOLATION OF CIVIL
RIGHTS (42 USC §1983);
2. VIOLATION OF CIVIL
RIGHTS - MONELL;
3. VIOLATION OF CIVIL CODE
§52.1;
4. NEGLIGENCE;
5. BATTERY
6. LOSS OF CONSORTIUM

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CITY OF CARLSBAD; OFFICER J.
KNISLEY; OFFICER KENYATTE
VALENTINE; OFFICER KARCHES;
CORPORAL GALANOS; OFFICER
SEAPKER; and DOES 1 through 50,

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Defendants.

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DEMAND FOR JURY TRIAL

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FACTUAL BACKGROUND

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1.

Plaintiffs Cindy Hahn and her husband Brandon Hahn are compelled to

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bring this First Amended Complaint (“FAC”) because the Defendants, the City of

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Carlsbad and the Defendant Police Officers, argue that the allegations pled against

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them previously in the Original Complaint were uncertain and vague. This, despite

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the fact that Defendants have previously been confronted with video evidence of the
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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 2 of 15

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Defendant Police Officers brutally beating and attacking the unarmed and defenseless

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40 year old Ms. Hahn in front of her 11 year old and 7 year old children, as they were

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leaving the birthday party of a friend. Since Defendants are apparently incapable of

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recognizing their videotaped misconduct, Plaintiff provides additional specificity in

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response to Defendants’ feigned ignorance:

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2.

The facts and conduct giving rise to the FAC occurred on July 31, 2013.

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3.

The senseless act of egregious police brutality and unlawful conduct by

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Defendants was in retaliation for Ms. Hahn calling a civilian police hotline moments

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before she was beat, to complain that a Carlsbad Police Officer, Officer Kenyatte

GERAGOS & GERAGOS, APC

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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Valentine appeared mentally unstable.
4.

Ms. Hahn, the daughter of a reserve police officer herself, asked Officer

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Valentine why he was standing in front of a vehicle and doing nothing while the

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vehicle’s alarm sounded.

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business.” Ms. Hahn complained of this conduct to the nonemergency police hotline

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since she felt harassed and intimidated by Officer Valentine. Attached hereto as

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Exhibit “A” is true and correct copy of the iPhone snapshot of the phone call made

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by Ms. Hahn to the nonemergency Carlsbad Police hotline.

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5.

Officer Valentine responded: “mind your f******

After Ms. Hahn complained, and she got in the car to drive home, Officer

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Valentine followed Ms. Hahn in his police vehicle and immediately pulled her over on

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the pretextual grounds that the driver of the vehicle had a seatbelt violation (the driver

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was not cited for any purpose). Officer Valentine had Ms. Hahn exit the vehicle and

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began attacking her in front of her children who were in the back seat of the car.

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While she was being beaten and pummeled, Ms. Hahn was crying out for help.

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6.

Shortly thereafter, another Carlsbad patrol vehicle arrived at a high and

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reckless rate of speed, traveling in reverse. Rather than help Ms. Hahn or extract

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Officer Valentine who was straddling on top of Ms. Hahn, Carlsbad Police Officer

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Knisley got out of the vehicle and escalated the situation by joining in the attack on

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Ms. Hahn. Officer Knisley began punching Ms. Hahn with a closed fist to the face
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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 3 of 15

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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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Ms. Hahn was transported to the emergency room where she was

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diagnosed with head and brain contusions and subsequently diagnosed with a

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concussion based on the Defendant Police Officer’s violence. Ms. Hahn suffers

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permanent memory loss and brain trauma as well as other physical and emotional

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injuries from the beating.

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GERAGOS & GERAGOS, APC

until she was limp on the floor. Ms. Hahn’s clothes were almost ripped off.

8.

To cover up their malicious and wanton conduct – not realizing the brutal

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attack on Ms. Hahn was caught on tape – the Defendant City of Carlsbad and the

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Defendant Police Officers fabricated police reports which led to Ms. Hahn being

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charged with felony violations of Penal Code Section 69 – Felony Resisting Arrest,

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as well as Penal Code Section 243(c) (2) Felony Battery on a Peace Officer with

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Injury. Attached hereto as Exhibit “B” is a true and correct copy of the Felony

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Criminal Complaint.

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9.

The false and fraudulently prepared and submitted police reports – with

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the support and assistance of the Sergeant of the Carlsbad Police Department– portray

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Ms. Hahn as a dangerous individual engaging in criminal conduct in the presence of

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police officers fearing for their safety. The video of the incident flatly contradicted

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these accounts

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10.

As Ms. Hahn suffered through her physical and emotional injuries from

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the attack, her damages were compounded as she was compelled to endure a sordid

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ordeal for her freedom as the Defendant Police Officer attackers lied under oath in the

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criminal proceeding about what actually took place. The charges pending against Ms.

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Hahn exposed her to State prison and a strike conviction. The criminal case against

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Ms. Hahn lasted approximately 2 years.

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11.

All criminal counts against Ms. Hahn were dismissed when the District

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Attorney’s Office was confronted with video evidence showing that the Police

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Officers had lied in their reports and testimony. The video shows the police brutally

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beating Ms. Hahn. The felony criminal case against Ms. Hahn was dismissed on July
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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 4 of 15

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19, 2015.

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12.

Pursuant to California Government Code Section 945.3, Ms. Hahn’s civil

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claims for damages against the Defendants were stayed and tolled during the period in

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which she was maliciously prosecuted by Defendants. This tolling period was from

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July 31, 2013 through July 19, 2015.

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13.

The video of the brutal assault on Ms. Hahn can be viewed at the

following link: https://www.youtube.com/watch?v=yLeGnJzRO5U
THE PARTIES

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GERAGOS & GERAGOS, APC

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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14.

Plaintiff Cindy Hahn, at all relevant times, was a resident of Los Angeles

County, California.
15.

Plaintiff Brandon Hahn, at all relevant times, was a resident of Los

Angeles County, California.
16.

At all times herein mentioned, the City of Carlsbad (the “City”), was a

governmental entity organized and existing under the laws of the State of California.
17.

At all times herein mentioned, J. Knisley (“Knisley”) was a law

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enforcement officer employed by the City of Carlsbad Police Department and acting

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in the course and scope of his employment and acting under the color of law.

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18.

At all times herein mentioned, Kenyatte Valentine (“Valentine”) was a

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law enforcement officer employed by the City of Carlsbad Police Department and

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acting in the course and scope of his employment and acting under the color of law.

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19.

At all times herein mentioned, Officer Karches (“Karches”) was a law

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enforcement officer employed by the City of Carlsbad Police Department and acting

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in the course and scope of his employment and acting under the color of law.

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20.

At all times herein mentioned, Corporal Galanos (“Galanos”) was a law

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enforcement officer employed by the City of Carlsbad Police Department and acting

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in the course and scope of his employment and acting under the color of law.

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21.

At all times herein mentioned, Officer Seapker (“Seapker”) was a law

enforcement officer employed by the City of Carlsbad Police Department and acting
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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 5 of 15

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in the course and scope of his employment and acting under the color of law.
22.

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named herein as DOES 1 through 50, inclusive, and therefore sues said Defendants by

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such fictitious names. Plaintiff will seek leave of court to amend this Complaint to

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allege the true names and capacities of said Defendants when the same are

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ascertained. Plaintiff is informed and believes and thereon alleges that each of the

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aforesaid fictitiously named Defendants is responsible in some manner for the

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happenings and occurrences hereinafter alleged, and the Plaintiff’s damages and

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injuries as herein alleged were caused by the conduct of said Defendants.
23.

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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GERAGOS & GERAGOS, APC

Plaintiff is unaware of the true names and capacities of the Defendants

Specifically, Plaintiff alleges that Does 1 through 50 were law

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enforcement officers acting under color of law. It is further alleged that Does 1

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through 50 were acting in the course and scope of their employment at all relevant

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times.
JURISDICTION AND VENUE

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24.

This Court has jurisdiction over the entire action by virtue of the fact that

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this is a civil action wherein the matter in controversy, exclusive of interest and costs,

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exceeds the jurisdictional minimum of the Court. Jurisdiction is conferred upon this

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Court by Section 1983, Title 42, United States Code. Concurrent jurisdiction was

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granted to this court under Williams vs. Horvath (1976) 16 Cal.3d 834, 837. Also, this

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Court has jurisdiction to award damages pursuant to Article VI, Section 10 of the

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California Constitution.

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25.

On September 10, 2015, Defendants removed this matter to the United

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States District Court, Southern District of California on the grounds of Federal

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Question jurisdiction.

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26.

On January 13, 2014 Plaintiffs Cindy Hahn and Brandon Hahn timely

submitted claims under California Government Code Section 910 within 6 months

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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 6 of 15

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from the date of incident of July 31, 2013.1
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GERAGOS & GERAGOS, APC

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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Pursuant to California Government Code Section 945.3, the claims by

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Ms. Hahn were tolled during the period she was being maliciously criminally

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prosecuted which concluded on July 19, 2015 when the District Attorney dismissed all

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criminal counts.

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28.

The State law claims of Brandon Hahn for loss of consortium have not

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expired based on, among the reasons, the fact that the injury sustained was continuing

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through the malicious prosecution period at which point Brandon Hahn’s claim

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ripened on July 19, 2015. Further, Defendants engaged in a fraudulent scheme and

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practice from the date of the incident through the date of dismissal of the felony

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criminal charges, by submitting false police reports and giving perjurious testimony in

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connection with that act to portray Ms. Hahn as a criminal to the community.

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FIRST CAUSE OF ACTION

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Violation of Civil Rights

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(42 U.S.C. § 1983)

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Plaintiff against Defendants Knisley, Valentine, Karches, Galanos,

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Seapker and Does 1 through 5
29.

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Plaintiff realleges and incorporates by reference each and every

allegation contained in the preceding paragraphs as if fully set forth herein.
30.

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At all times material to this Complaint, Defendants were acting under

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color of the law in violating Plaintiff’s constitutional rights as herein alleged under the

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Fourth Amendment to the Constitution of the United States. The Fourth Amendment

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is made applicable to the States pursuant to 42 U.S.C. §1983.

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Plaintiffs’ minor children John Doe (11 years old at time of incident) and Jane Doe (7 years
old) similarly submitted Government Tort Claims pursuant to Section 910 on January 13,
2014. The claims relate to negligent infliction of emotional distress based on witnessing the
Defendant Police Officers attack their mother in their presence. As minors, John and Jane
Does claims have been tolled on account of their age. John and Jane Doe intend to join this
action by and through their proposed guardian ad litem Cindy Hahn subject to the Court’s
approval.
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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 7 of 15

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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

Defendants Knisley and Valentine deprived Plaintiff of rights, privileges,

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and immunities secured to her by the Fourth Amendment to the Constitution of the

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United States by, inter alia, subjecting Plaintiff to excessive, unreasonable and

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unnecessary force when Plaintiff was struck in the face with a closed fist on multiple

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occasions and restrained by way of a knee to Plaintiff’s head and neck.

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GERAGOS & GERAGOS, APC

31.

32.

Defendants Knisley, Valentine, Karches, Galanos, Seapker, and Does 1-5

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deprived Plaintiff of rights, privileges, and immunities secured to her by the Fourth

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Amendment to the Constitution of the United States by, inter alia, subjecting Plaintiff

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to an unlawful search and seizure of her person, causing her to be arrested for a

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violation of Penal Code 243(c)(1) and Penal Code 148(a)(1), conspiring to deprive

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Plaintiff of her constitutionally protected rights, submitting reports with material

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omissions, providing falsehoods to secure an arrest and the filing of criminal charges

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and continued prosecution which was dismissed.

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33.

The Defendants and each of them directly participated and/or aided and

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abetted in the assault, battery, and excessive force against Ms. Hahn in the presence of

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her children and/or engaged in efforts to cover up said conduct by providing false

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testimony, preparing or authorizing or approving false police reports, and/or aiding

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and abetting in the preparation, authorization or approval of false police reports to

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maliciously prosecute Ms. Hahn for felony criminal charges. Each of the named

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Defendants is a co-conspirator and/or and aider and abettor in the conduct designed to

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physically and emotionally harm Ms. Hahn through the brutal physical assault caught

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on videotape and to cover up the conduct of Officer Valentine and Officer Knisley

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through the common scheme to submit false reports leading to felony charges against

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Ms. Hahn which were ultimately dismissed.

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34.

Further, Corporal Galanos asserted his presence during the assault on Ms.

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Hahn to block and prevent those who were witnessing the assault to help and render

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aid. Corporal Galanos attempted to block and conceal the other police officers as they

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brutally beat Ms. Hahn.
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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 8 of 15

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which was made without probable cause and also a seizure which was fraught with

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false information to secure the seizure, as alleged herein.
36.

Plaintiff has a constitutional right to be free from the use of excessive

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force by law enforcement officers. The conduct and actions of Officers Knisley and

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Valentine resulted in Plaintiff sustaining injuries to her face, abdomen, chest and

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memory, all of which required medical attention. No use of force against her person

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was necessary or reasonable. Plaintiff has a constitutional right to be free from

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malicious prosecution based on the submission of false reports.

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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

Plaintiff has a constitutional right to be free from an unreasonable seizure

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GERAGOS & GERAGOS, APC

35.

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37.

Due to the conduct of Defendants, and each of them, Plaintiff has

suffered general damages and special damages, all in a sum to be proved at trial.
38.

Due to the conduct of Defendants, and each of them, Plaintiff has been

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required to incur attorneys' fees and will continue to incur attorneys' fees, all to

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Plaintiff’s damage in a sum to be proved at trial and recoverable pursuant to 42 U.S.C.

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§1988.

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39.

The individual defendants acted with a conscious disregard of Plaintiff’s

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rights conferred upon her by Section 1983, Title 42 of the United States Code, the

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Fourth Amendment to the United States Constitution and California Civil Code

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Section 3333, by intentional causing her injury and arresting her without probably

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cause. Defendants, and each of them, had an interest in seeing Plaintiff charged with

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criminal conduct to detract from Defendants Knisley and Valentines’ excessive and

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unnecessary force. Such conduct constitutes malice, oppression and/or fraud under

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California Civil Code Section 3294, entitling Plaintiff to punitive damages against the

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individual Defendants in an amount suitable to punish and set an example of said

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Defendants.

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FIRST AMENDED COMPLAINT

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SECOND CAUSE OF ACTION

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Violation of Civil Rights- Monell

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Plaintiff against the City of Carlsbad and Does 6 through 15

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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

Plaintiff realleges and incorporates by reference the allegations contained

in the preceding paragraphs of this complaint, as though fully set forth herein.
41.

Defendants, the City of Carlsbad and Does 6 through 15, knowingly, with

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gross negligence, and in deliberate indifference to the Constitutional rights of citizens,

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maintain and permit an official policy and custom of permitting the occurrence of the

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types of wrongs set forth hereinabove and hereafter.

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GERAGOS & GERAGOS, APC

40.

42.

Plaintiff has a constitutional interest pursuant to the Fourth and

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Fourteenth Amendments to the United States Constitution to be free from an arrest

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without probable cause and incarceration and criminal charges based upon the City’s

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policies of allowing arrests without probable cause. These policies and customs

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include, but are not limited to, the deliberately indifferent training of its law

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enforcement officers in making lawful arrests.

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include the express and/or tacit encouragement of arrests without probable cause, the

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ratification of police misconduct, and the failure to conduct adequate investigations of

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police misconduct such that future violations do not occur.

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43.

These policies and customs also

Specifically, Plaintiff alleges that the City of Carlsbad has an actual

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custom or policy of promoting the conduct by the Defendants in this action against

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Ms. Hahn.

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individuals who complain against Carlsbad Police Officers. Here, Ms. Hahn called

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the official nonemergency hotline for the Carlsbad Police Department to complain

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about an officer cursing at her and her children. She was thereafter followed by the

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same Police Officer in her car, pulled over for a bogus traffic violation (for which

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there were never any citations issued) and then physically assaulted. The way the

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assault of Ms. Hahn was carried out evidences a systematic custom and practice for

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engaging in this type of unlawful excessive force conduct against individuals by the

Specifically, the custom and practice is one of retaliation against

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FIRST AMENDED COMPLAINT

GERAGOS & GERAGOS, APC

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 10 of 15

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Department. Specifically, the video depicts one Police Officer standing in a “guard

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position” – as if in formation – to block off the public and attempt to conceal the

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“beating” of Ms. Hahn. The assault on Ms. Hahn does not appear random and isolated

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among the Carlsbad Police Department as the assaulters are carrying out the assault in

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a manner that utilizes official formations and positions to conceal the beating.

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Further, evidence of a broader custom and practice of depriving individuals of their

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constitutional rights is demonstrated through the fact that there are multiple Defendant

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Police Officers who had a part in this assault, either directly through the actual battery

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and assault of Ms. Hahn, through the failure to take any action and to attempt to

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conceal the beating as it was taking place, and through the processing and/or

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approving of false police reports which fabricated facts that led to felony charges

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against Ms. Hahn. The false police reports were approved at the Sergeant level with

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reckless disregard for the rights of Ms. Hahn. Upon information and belief, the

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systemic deconstruction of the truth to cover up for Carlsbad Police Officers who

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engage in excessive force is systemic, is engrained in the culture of the Carlsbad

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Police Department, and has been carried out in numerous other instances other than

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this action.

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44.

Upon information and belief, the Defendant Officers in this action have

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been involved in numerous other acts of misconduct and excessive force in other

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instances, in which the Carlsbad Police Department has taken similar efforts to cover-

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up and to frame the victim by ginning up false felony charges.

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45.

Upon information and belief, the custom and practice of permitting and

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tolerating unlawful excessive force against the public – as in the case of Ms. Hahn – is

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rampant within the Carlsbad Police Department, is learned and taught in officer

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training academy, and the conduct is covered up at a systematic and systematic level

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at the highest levels of the Carlsbad Police Department by instructing Officers to

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prepare false police reports that lead to criminal charges against innocent victims such

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as Ms. Hahn.
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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 11 of 15

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and policies were the moving force behind the violations of Plaintiff’s rights. Based

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upon the principles set forth in Monell v. New York County Dept. of Social Services,

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the County and Does 6 through 15 are liable for all of the injuries sustained by

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Plaintiff as set forth above.
47.

In acting as alleged herein, the County and Does 6 through 15, and each

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of them, caused Plaintiff general and special damages, in an amount to be determined

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at the time of trial.

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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

Plaintiff is informed and believes, and thereon alleges, that the customs

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GERAGOS & GERAGOS, APC

46.

48.

Due to the conduct of the County and Does 6 through 15, and each of

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them, Plaintiff has been required to incur attorneys' fees and will continue to incur

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attorneys' fees, all to Plaintiff’s damage in a sum to be proved at trial and recoverable

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pursuant to Title 42, Section 1988 of the United States Code.

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THIRD CAUSE OF ACTION

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Violation of California Civil Code § 52.1 et. seq.

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Plaintiff against all Defendants

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49.

Plaintiff realleges and incorporates by reference the allegations contained

in the preceding paragraphs of this complaint, as though fully set forth herein.
50.

Defendants were acting within the scope of their duties as City of

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Carlsbad Police Officers. Pursuant to California Government Code Section §815.2,

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the City is liable for the acts, omissions, and conduct of its employees, including

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Defendants Knisley, Valentine, Karches, Galanos, Seapker, and Does 1 through 20

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herein, whose tortious conduct, was the cause in the damages and injuries to Plaintiff.

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51.

The conduct of Defendants constituted interference by threats,

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intimidation, or coercion, or attempted interference, with the exercise of enjoyment by

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Plaintiff’s rights secured by the Constitution of laws of the United States, or secured by

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the Constitution or laws of the State of California, including interference with their

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right to be secure in her person and free from the use of excessive force under the

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Fourth and Fourteenth Amendments and California Constitution, Article 1, Section 13
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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 12 of 15

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as well as California Civil Code Section 43, and the right of protection from bodily

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restraint and harm.

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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

As a direct cause of Defendants’ conduct, Plaintiff’s rights pursuant to

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California Civil Code Section 52.1 were violated, causing injuries and damages in an

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amount to be proved at the time of trial.

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GERAGOS & GERAGOS, APC

52.

53.

Due to the conduct of Defendants, and each of them, Plaintiff has been

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required to incur attorneys' fees and will continue to incur attorneys' fees. Pursuant to

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California Civil Code Section 52.1, Plaintiff is entitled to recover said fees.

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FOURTH CAUSE OF ACTION

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NEGLIGENCE

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Plaintiff Against all Defendants

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54.

Plaintiff realleges and incorporates by reference the allegations contained

in the preceding paragraphs of this complaint, as though fully set forth herein.
55.

Defendants Knisley, Valentine, Karches, Galanos, and Seapker had a

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duty of care not to use excessive force on Ms. Hahn to effectuate an arrest.

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Defendants Knisley, Valentine, Karches, Galanos, and Seapker breached these duties

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when they caused Ms. Hahn to be struck in the face multiple times and restrained by

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way of a knee to Plaintiff’s head and neck.

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56.

As a proximate and direct cause of Defendants Knisley, Valentine,

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Karches, Galanos, and Seapker’s breaches, Ms. Hahn was arrested, incarcerated, and

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charged with criminal counts.

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57.

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the time of trial.

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58.

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Ms. Hahn sustained injuries and damages in an amount to be proven at

The City is liable for the acts, omissions and conduct of its employees

pursuant to California Government Code Section 815.2.

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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 13 of 15

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FIFTH CAUSE OF ACTION

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BATTERY

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Plaintiff Against Defendants Valentine, Knisley and the City of Carlsbad

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5
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in the preceding paragraphs of this Complaint, as though fully set forth herein.
60.

Defendant Valentine and Knisley’s use of force on Plaintiff, and

specifically striking Plaintiff in the face with a closed fist, constituted a battery on

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Plaintiff as the conduct was unwanted and unnecessary.

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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

Plaintiff realleges and incorporates by reference the allegations contained

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GERAGOS & GERAGOS, APC

59.

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61.

The City is liable for the acts, omissions and conduct of its employees

pursuant to California Government Code §815.2.
62.

As a direct cause of Defendant Knisley’s conduct, Plaintiff sustained

general and special damages, in an amount to be proved at the time of trial.
63.

Defendant Knisley’s conduct was done so with conscious disregard of

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Plaintiff’s rights and safety, constituting malice, oppression and/or fraud under

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California Civil Code Section 3294, entitling Plaintiff to punitive damages against

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Defendant Knisley in an amount suitable to punish and set an example of said

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Defendant.

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SIXTH CAUSE OF ACTION

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LOSS OF CONSORTIUM

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Brandon Hahn Against All Defendants

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64.

Plaintiffs incorporate all proceeding paragraphs herein by reference.

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65.

As a direct consequence of the injuries sustained by Ms. Hahn because of

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the conduct of the police officers described herein, Mr. Hahn has been deprived of the

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normal companionship, company, affection, regard, assistance, comfort, relations, and

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emotional stability of his wife Ms. Hahn.

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66.

These physical and emotional consequences of the injuries have

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negatively impacted the quality of and caused undue hardship to the marriage

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relationship. Mr. Hahn continues to be denied the full enjoyment of his marital
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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 14 of 15

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relationship.
67.

The date of injury for Mr. Hahn was continuing from the date his wife

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was attacked through the malicious prosecution period which ended July 19, 2015.

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The injuries to Mr. Hahn were compounded by the submission of fraudulent reports

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by the Defendant Police Officers attempting to portray his wife as a violent criminal.

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68.

Mr. Hahn suffered special and general damages in an amount to be

proven at trial
PRAYER FOR RELIEF

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GERAGOS & GERAGOS, APC

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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WHEREFORE, Plaintiffs prays for judgment as follows:

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1.

For general damages in an amount to be determined by proof at trial;

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2.

For special damages in an amount to be determined by proof at trial;

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3.

For punitive and exemplary damages against the individual defendants

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where applicable;

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4.

For costs of suit;

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5.

For reasonable attorneys’ fees and costs as provided by statute; and

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6.

For such other and further relief as the Court deems just and proper.

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GERAGOS & GERAGOS, APC

DATED: October 2, 2015

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By: /s/_MARK J. GERAGOS_______
MARK J. GERAGOS
Attorneys for Plaintiffs
CINDY HAHN and BRANDON
HAHN

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FIRST AMENDED COMPLAINT

Case 3:15-cv-02007-DMS-BGS Document 6 Filed 10/02/15 Page 15 of 15

DEMAND FOR JURY TRIAL

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Plaintiffs Cindy Hahn and Brandon Hahn hereby demand a jury trial.

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GERAGOS & GERAGOS, APC

DATED: October 2, 2015

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By: /s/_MARK J. GERAGOS_______
MARK J. GERAGOS
Attorneys for Plaintiffs
CINDY HAHN and BRANDON
HAHN

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GERAGOS & GERAGOS, APC

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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FIRST AMENDED COMPLAINT

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