IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CINCINNATI

TIFFANY BECKER c/o Cornelius Carl Lewis, Esq. The Lewis Law Firm, Inc., LPA 119 East Court Street Cincinnati, Ohio 45202 Plaintiff, -vsP.O. JEREMIE KEENE In his individual and official capacities c/o Village of Addyston 235 Main Street Addyston, Ohio 45001 Defendant.

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CASE NO:_________________________

HON. JUDGE:_______________________ : : : : : : : : I. PRELIMINARY STATEMENT 1. This is an action for damages brought pursuant to 42 U.S.C. 1983 and state law. COMPLAINT AND JURY DEMAND

Specifically, Plaintiff Tiffany Becker (Ms. Becker) was assaulted, battered, falsely arrested and wrongfully prosecuted by Defendant P.O. Jeremie Keene (Officer Keene) filed a false and fraudulent police report claiming that Ms. Becker spit on, hit and resisted arrest with full knowledge that Ms. Becker did not spit on, hit or resists Officer Keene. Ms. Becker complied with Officer Keenes commands following a traffic stop for failing to stop at a stop sign when she was subjected to excessive force by Officer Keene while sitting in her vehicle attempting to

retrieve her drivers license. Without provocation and in full compliance of Officer Keenes commands Ms. Becker was violently and forcefully grabbed by Officer Keene, yanked from the drivers seat of her vehicle, thrown to the ground and handcuffed her for no reason in the course of an unlawful arrest and further wrongfully charged and prosecuted her for disorderly conduct and resisting arrest. II. JURISDICTION AND VENUE 2. 3. Plaintiff re-alleges and incorporates paragraph 1 as if fully restated herein. This action is brought pursuant to 42 U.S.C. 1983 to redress injuries suffered by

Plaintiff for deprivation under color of state law of rights secured by the Fourth and Fourteenth Amendments to the United States Constitution. This court has jurisdiction pursuant to 28 U.S.C. 1331. This court has supplemental jurisdiction of the state law claims pursuant to 28 U.S.C. 1367(a). 4. Venue in the United States District Court, Southern District of Ohio, is proper

pursuant to 28 U.S.C. 1391(b) because the acts that give rise to Plaintiffs claims occurred in this district. Additionally, Plaintiff brings her State statutory tort claims against Defendant pursuant to Ohio law. III. PARTIES. 5. 6. Plaintiff re-alleges and incorporates paragraphs 1-4 as if fully restated herein. Plaintiff, Tiffany Becker (Ms. Becker), is a resident of Cincinnati, Ohio,

Hamilton County. 7. At all relevant times Defendant, Jeremie Keene (Officer Keene) was a

police officer in and for the Village of Addyston and acted under color of state law. He is sued in his individual and official capacities.

IV.

FACTS. 8. 9. Plaintiff re-alleges and incorporates paragraphs 1-7 as if fully restated herein. On February 10, 2012 Ms. Becker was lawfully operating her automobile with

her boyfriend in the front passenger seat and her four year old daughter in the rear passenger seat when she was stopped by Officer Keene for allegedly failing to stop at a stop sign located at the intersection of Dinning and Main Streets in the village of Addyston, Ohio. 10. Officer Keene approached the drivers side of Ms. Beckers vehicle and

told her that you rolled through a stop sign back there. 11. Ms. Becker denied that she rolled through any stop sign and Officer Keene then

said, Thats it. He then opened the drivers side door and violently and aggressively grabbed Ms. Becker, yanked her out of the car and threw her to the ground, all of which was captured on Officer Keenes dash mounted video recorder of his police cruiser. 12. While Ms. Becker was faced down on the concrete not resisting in any way,

Officer Keene placed his knee on her back and placed handcuffs on her, all in the view of her boyfriend and her four year old daughter who was screaming in fear for her mother. 13. Officer Keene then placed Ms. Becker in his police cruiser and charged her with

resisting arrest and disorderly conduct and transported her to the Addyston Police station and then to the Hamilton County Justice Center. 14. In an effort to cover up his illegal actions Officer Keene filed a false police report

claiming, among other things, that Ms. Becker spit on him and resisted arrest, all of which he knew to be false.

15.

On or about March 9, 2012 the Hamilton County Prosecutors Office, having

reviewed Officer Keenes police cruiser dash mounted video of the incident and reading his false police report determined that Officer Keene used excessive force on Ms. Becker and that there was no probable cause to charge her with disorderly conduct or resisting arrest requested that all charges against Ms. Becker be dismissed. 16. The State of Ohio has initiated a criminal investigation against Officer Keene to

determine if he should face criminal prosecution for his actions against Ms. Becker. 17. Prior to Defendants outrageous actions Ms. Becker had never been handcuffed,

arrested, booked in jail or faced criminal prosecution before. 18. Ms. Becker was shamed, humiliated, degraded and demoralized by Defendants

willful, malicious and outrageous actions. 19. Defendants conduct was willful, wanton, malicious, and/or in reckless

disregard of Plaintiffs Constitutional and/or State law rights. FIRST CLAIM FOR RELIEF 42 U.S.C. 1983: Fourth Amendment Claims for Unreasonable Search and Seizure; False Arrest. 20. 21. Plaintiff re-alleges and incorporates paragraphs 1-19 as if fully restated herein. Defendant had no right to seize Plaintiff and Plaintiff did not consent

to the seizure and arrest. 22. 23. Defendant had no authority, right or probable cause to detain and arrest Plaintiff. The illegal detention and arrest of Plaintiff was and is a false arrest.

24.

Defendant has, under color of state law, deprived Plaintiff of rights, privileges

and immunities secured by the United States Constitution, including, inter alia, the Fourth and Fourteenth Amendment to the United States Constitution. SECOND CLAIM FOR RELIEF 42 U.S.C. 1983: Fourth Amendment Claim for Malicious Prosecution.

25. 26.

Plaintiff re-alleges and incorporates paragraphs 1-24 as if fully restated herein. Defendant willfully and maliciously charged and prosecuted Plaintiff while

there existed no legal basis to initiate and proceed with any criminal charges. 27. Defendant has, under color of state law, deprived Plaintiff of rights, privileges

and immunities secured by the United States Constitution, including, inter alia, the Fourth and Fourteenth Amendment to the United States Constitution. THIRD CLAIM FOR RELIEF 42 U.S.C. 1983 Fourth Amendment Claim for Excessive Use of Force

28. 29. by Defendant. 30.

Plaintiff re-alleges and incorporates paragraphs 1-27 as if fully restated herein. Plaintiff was subjected to violent, aggressive and potentially fatal excessive force

The severe and extremely painful assault by Defendant on Plaintiffs person

without provocation, necessity, reason or purpose other than to inflict serious and severe pain, injury and damage constitutes excessive use of force by Defendant. 31. Defendant has, under color of state law, deprived Plaintiff of rights, privileges

and immunities secured by the United States Constitution, including inter alia, the Fourth and Fourteenth Amendment to the United States Constitution.

FOURTH CLAIM FOR RELIEF 42 U.S.C. 1983 Fourth Amendment Claim for Abuse of Process 32. 33. Plaintiff re-alleges and incorporates paragraphs 1-31 as if fully restated herein. Defendant has, under color of state law, deprived Plaintiff of rights, privileges

and immunities secured by the United States Constitution, including inter alia, the Fourth and Fourteenth Amendment to the United States Constitution by perverting the legal proceedings against Plaintiff to accomplish an ulterior purpose for which the proceedings were not designed and thereby directly damaged Plaintiff from the wrongful use of process. FIFTH CLAIM FOR RELIEF State Law Claim for Malicious Prosecution 34. 35. Plaintiff re-alleges and incorporates paragraphs 1-33 as if fully restated herein. Defendant maliciously instituted and/or continued to prosecute Plaintiff

without probable cause to do so. 36. Defendant willfully and maliciously prosecuted Plaintiff to cover up Defendants

illegal excessive force. SIXTH CLAIM FOR RELIEF State Law Claim for False Arrest 37. 38. consent. 39. Defendants actions are a violation of the State of Ohios laws against false Plaintiff re-alleges and incorporates paragraphs 1-36 as if fully restated herein. Defendant unlawfully detained and restrained Plaintiff without her

arrest/imprisonment.

SEVENTH CLAIM FOR RELIEF State Law Claim for Battery

40. 41.

Plaintiff re-alleges and incorporates paragraphs 1-39 as if fully restated herein. Defendant intentionally engaged in unconsented, harmful and painful

contact with Plaintiff. 42. Defendant caused injury and harm to Plaintiff as a direct result of the

unconsented contact. EIGHTH CLAIM FOR RELIEF State Law Claim for Abuse of Process

43. 44.

Plaintiff re-alleges and incorporates paragraphs 1-42 as if fully restated herein. Defendant perverted the legal proceedings against Plaintiff to accomplish an

ulterior purposes for which the proceedings were not designed and thereby directly damaged Plaintiff form the wrongful use of process. NINTH CLAIM FOR RELIEF State Law Claim for Intentional and/or Negligent Inflection of Emotional Distress 45. 46. 47. Plaintiff re-alleges and incorporates paragraphs 1-44 as if fully restated herein. Defendant committed these acts against Plaintiff in public. Defendants outrageous actions caused great humiliation, embarrassment and

degradation to Plaintiff in the eyes of others, including her family, friends and community. 48. As a direct result of Defendants actions Plaintiff has suffered and continues to

suffer great apprehension and fear of law enforcement and she suffers constant and continuous anxiety and great physical, mental and emotional pain and distress.

PRAYER FOR RELIEF WHEREFORE, Plaintiff prays this Honorable Court: a. Grant compensatory damages against Defendant in an amount to be determined at trial; Grant punitive damages against Defendant in an amount to be determined at trial; Award her reasonable attorneys fees and costs pursuant to 42 U.S.C. 1988; Grant Plaintiff a trial by jury; and, Award such other and further relief as is just and necessary. Respectfully submitted, /s/ Cornelius Carl Lewis Cornelius Carl Lewis (#0055700) THE LEWIS LAW FIRM, INC., L.P.A. 119 East Court Street Cincinnati, Ohio 45202 (513) 632-9542/Office (513) 721-5824/Fax (513) 371-4520/Cell Thelewislawfirm@aol.com Counsel for Plaintiff JURY DEMAND Plaintiff respectfully demands a trial by jury. /s/ Cornelius Carl Lewis__________________ Cornelius Carl Lewis (#0055700)

b.

c.

d. e.