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Michael Smitg 566 Rico Avenue Cleveland, California 90210 mrprosmoth1@gmail.com In Propria Persona/ Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ORANGE DIVISION ***** ) Case No. MICHAEL Smitg ) ) ) Plaintiff, ) ) COMPLAINT FOR DAMAGES AND vs. ) INJUNCTIVE RELIEF BASED ON COUNTY OF ORANGE, COMMUNITY ) CIVIL RIGHTS VIOLATIONS AND REGIONAL MEDICAL CENTER, an entity of ) unknown form; CITY OF CLEVELAND, ) COMMON LAW TORTS CLEVELAND POLICE DEPARTMENT and, ) Does 1 through 100, inclusive, ) DEMAND FOR JURY TRIAL ) ) Defendants. ) INTRODUCTORY STATEMENT This is an action for damages sustained and equitable relief by a citizen of the

1.

United States against: (1) The County of Orange, Regional Medical Center, City of Cleveland, Cleveland Police Department Officers, and Does 1 through 100, inclusive, whom are sued as persons under 42 U.S.C. 1983, 1985, 1988, the Fourteenth Amendment including denial of due process and California Civil Code 52, 54, 56, et seq., among other pendent state claims, for the loss of use of real property, unconstitutionality of a state statute, and other related damages. On June 10, 2010 plaintiff mailed via the U.S. Postal Service a Notice of Claim of Unconstitutionality of a State Statute, California Vehicle Code section 4760, was served on the California Attorney General as required by the local rules. 1
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2.

This is also an action for damages sustained by a citizen of the United States

against the County of Orange, the City of Cleveland, police officers of the Cleveland Police Department, who unlawfully detained, arrested, assaulted, and harassed Plaintiff, whom are sued as persons under 42 U.S.C. 1983 and 1985 and California Civil Code 52, et seq., among other pendent state claims. FEDERAL JURISDICTION AND VENUE This action is brought pursuant to the 42 U.S.C. 1395dd, 42 U.S.C. 12182 (which

incorporates by reference 42 U.S.C. 2000a-3(a)), 42 U.S.C. 1983 and 1988 and the First, Fourth, Eighth, and Fourteenth Amendments to the United States Constitution. 4. The jurisdiction of this Court is predicated on 28 U.S.C. 1331, 1343, 1345, and

The proper venue for this case is the Orange Division of the Northern District of

California, United States District Court, because all of the acts, omissions, violations, events, and conduct alleged herein occurred in Cleveland, California. PARTIES Plaintiff Michael Smitg is, and at all times relevant to the allegations of this Complaint was, a

resident of Cleveland, California and a citizen of the United States (hereinafter plaintiff or MR. SMITG). 7. The County of Orange is a municipal corporation within the State of California and, at

all relevant times, it employed all of the defendants named herein from the DEPARTMENT OF GENERAL SERVICES, SECURITY SERVICES DIVISION, PARKING CITATION SERVICES CENTER (hereinafter COUNTY OF ORANGE). 8. Based on information and belief, Community Regional Medical Center is medical

service provider participating in the Medicare and medical programs located in Orange, California at all relevant times, which employed or contracted with Dr. JOHN DOE and Nurse JANE DOE, and based on information and belief receives County, State, and Federal funding (hereinafter MEDICAL CENTER). 9. The defendant City of Cleveland is a municipal corporation within the State of 2
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California and, at all relevant times, it employed all of the Cleveland City Police defendants named herein (hereinafter CLEVELAND). 10. At all times relevant hereto, defendant SUPERVISORY OFFICER JOHN DOE

AND JOHN DOE OFFICER 2 were Cleveland Police Officers employed by the City of Cleveland Police Department to perform duties in the City of Cleveland. At all relevant times, they were acting in such capacity as the agents, servants, and employees of CLEVELAND. They are sued individually and in their official capacities (hereinafter CPD or SUPERVISORY OFFICER JOHN DOE AND JOHN DOE OFFICER 2). 11. At all times relevant hereto and in all their actions described herein, all of the

foregoing defendants were acting under color of law and pursuant to their authority as police personnel for CLEVELAND and as medical professionals at the direction of Cleveland Police Department and under their control as it relates to the withholding of medical services from a prisoner. 12. Plaintiff is unaware of the true identities or capacities of DOES 1 through 100 and on

that basis sue them under fictitious names. Plaintiff is informed and believes and thereon alleges that each defendant sued herein fictitiously is responsible in some manner for the events and occurrences referred to herein. Once Plaintiff discovers the true identity and capacities of DOES 1 through 100, Plaintiff will amend the Complaint to identify them by their true names and capacities. 13. Plaintiff is further informed and believe and thereon allege that at all times referred to

herein, each defendant, including DOES 1 through 100, inclusive, was the principal, agent, employer, or employee, of each of the other defendants, and was acting within the course and scope of that agency or employment and under color of law at all times relevant hereto. Further, the acts of defendants, and each of them were ordered, approved, adopted, ratified, or acquiesced in by the remaining defendants, and each of them. FACTUAL ALLEGATIONS 14. Plaintiff has personal knowledge that defendant COUNTY OF ORANGE has a well-

formed plan to act in a manner that will surely cause plaintiff and all the citizens within the Counties 3
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jurisdiction to suffer the loss of their federally protected constitutional rights and property without due process under color of law. 15. The planned act complained of is illegal withholding of the plaintiffs California

Vehicle Registration and the impound of plaintiffs 1998 Ford Van, Vehicle License Number 4CJP388, Vehicle Identification Number 2FMZA5145WBD86159, and the illegal use of a state government agency to violate the plaintiffs protected rights and deny him a process to which he was entitled. 16. The threatened harm is Orange County has and continues to unlawfully withhold

plaintiffs California Vehicle Registration having refused unlawfully to provide plaintiff a due process hearing to wit the plaintiff alleges he was entitled to under state law and the Fourteenth Amendment that was timely requested in writing by the plaintiff. 17. The hereinabove described actions and omissions, engaged in under color of state

authority by the defendants, including defendant CLEVELAND, sued as a person, responsible because of its authorization, condoning, and ratification thereof for the acts of its agents, deprived plaintiff of rights secured to him by the Constitution of the United States, including, but not limited to, his First Amendment rights to freedom of expression and association, their Fourth Amendment right to be free from unlawful seizure of their persons, his Fourteenth Amendment freedom of association, and his Eighth amendment right to be free from cruel and unusual punishment. 18. Plaintiff received a parking ticket from the County of Orange on or about April 21,

2009. Plaintiff followed the rules proscribed in California Vehicle Code (herein after CVC) Section 40215, and timely mailed an initial request to dismiss said parking citation ticket number 14124572, dated 4-21- 2009, at 2:53:25. 19. The County of Orange denied the initial request to dismiss and stated there was

insufficient evidence to dismiss. Brian Varela, agent or employee on behalf of the County signed the Administrative Decision dated May 26, 2009. 20. The "Envelope" that the defendants' sent the Administrative Decision in is post-

marked as May 29, 2009 for the date of mailing. 21. The County of Orange has denied plaintiff a due process hearing while acting under 4
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color of law and authority causing the plaintiff harm and injury. 22. Plaintiff has timely complied with all of the provisions of law as it relates to the

parking ticket which is the underlying basis for Orange County and the California Department of Motor Vehicles (herein after DMV) withholding of plaintiffs vehicle registration. Plaintiff hereby alleges that the use of CVC section 4760 is unconstitutional in its operation whereas it does not contain any provision or reasonable procedural safeguards to protect the plaintiff or others from abuse in the application of said code section or any redress for intentional mis-use and abuse of this state statute. 23. The County of Orange admits receiving plaintiff's request for a hearing and that

request was post-marked on June 16, 2009. Plaintiff had until midnight June 19, 2009, to request an administrative hearing and he did file and serve said request. 24. Plaintiff had 21 days in which to request the hearing and the 21 day rule is set forth

in CVC Section 40215 and as such Plaintiff is entitled to equal protection and application under the California Constitution and the Fourteenth Amendment. 25. On or about June 15, 2009, plaintiff received notice from the County that the fine

had doubled to $70.00 and that plaintiffs vehicle registration may be withheld. This notice had an effective date of June 15, 2009, and when plaintiff subtracted 21 days from the June 15 date it was May 26. It is plaintiffs belief based on the evidence presented that the County began counting the 21 days from the date of the "notice" and not the "date of mailing" as required by CVC Section 40215. The post-marked envelope states the notice was mailed on May 29, 2009. On or about July 17, 2009, plaintiffs registration expired and he attempted to get new registration from the DMV. Plaintiff alleges that the County intentionally mis-calculates the 21 day rule so they can benefit from doubling the fine. 26. Plaintiff was told by DMV that I could not re-register his vehicle unless plaintiff

paid the County fine pursuant to CVC Section 4760. Plaintiff again objected to DMV and requested an administrative hearing from the enforcing agency DMV. Plaintiff informed DMV that the registration was being illegally withheld by procedures not meeting the requirements of due process under color of law and therefore he was requesting a hearing from the enforcing agency DMV. 5
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Plaintiffs request for a hearing from DMV was denied. 27. Plaintiff went on further and respectfully "demanded" an administrative hearing from the

enforcing agency (DMV) and explained that his registration was wrongly, illegally being withheld. Plaintiff further offered to the DMV representative, Barbara Helm-Mendez, copies of his timely request for an administrative hearing as an "offer of proof" to support his contentions that he had been wronged by the County. DMV declined to make any copies or even review my papers and stated that the DMV was a "collection agency" and that "they did this all the time". Plaintiff again objected and renewed his respectful demand for an administrative hearing but was again denied. The DMV gets a portion of any fines collected and therefore the plaintiff alleges that the DMV has a vested interest in NOT providing any type of hearing process because of the benefit they receive from the defective process. 28. Unable to obtain any due process hearing on the unlawful withholding of my vehicle

registration plaintiff continued to operate his vehicle relying on the Constitution and the U.S. Supreme Court's holding in Shuttlesworth, 394 U.S. 147. Plaintiff was eventually pulled over and stopped by Cleveland City Police on September 6, 2009, and cited for Driving on an Expired Vehicle Registration, a violation of CVC Section 4000 (a) (1). Plaintiff was falsely arrested and his vehicle towed. 29. Plaintiff declares that he has sought administrative relief from the County, the DMV, and the

Superior Court. Thus far plaintiff has been unable to gain any administrative, judicial, or quasijudicial review of the "process used" to withhold plaintiffs vehicle registration. 30. Plaintiff had a court trial in the California Superior Court, Cleveland Branch, in re the

vehicle registration citation/infraction however the lower court refused allow plaintiff to present testimony from Brian Varela who signed the Administrative Decision that resulted in the withholding of the his vehicle registration or from Barbara Helm-Mendez, expert witness from the DMV that was enforcing the hold on his vehicle registration. 31. Plaintiff has made numerous attempts to contact the County to resolve these issues both

before and after the towing of my vehicle and the County has never responded to any of my letters. On September 1, 2009 plaintiff file a Claim For Damages with the County and that Claim was 6
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denied on December 10, 2009. 32. Plaintiff is being held in abeyance by the County with regards to his vehicle registration and he is unable to do anything further legally and therefore seek equitable relief from this court in the form of a preliminary injunction to stop the ongoing harms and injuries. Plaintiff has been denied the use of his vehicle that was desperately needed for continuing necessary medical treatment and monitoring of a pancreatic condition and this caused plaintiff emotional harm and injury. It further constitutes the existence of irreparable harm and the imminent likelihood of a continuing irreparable harm and injury if the injunction is not issued. 33. Plaintiff further declares that the loss of his property and the loss of use of his property and

additional harms threatened to the him and his health significantly outweigh any substantial harm to the County whereas plaintiff cannot obtain valid registration until the County releases the hold they have placed on his vehicle with DMV without due process under color of law. 34. No amount of money can cure the vehicle registration as long as the County is using the

DMV to withhold my registration. I declare that any post-hearing remedies will not make me whole again if I lose an internal organ while waiting. Such relief will only occur after the harm has occurred and will not restore the loss or threatened loss of continuing medical treatment, monitoring, or possibly the loss of use of his body parts. 35. Plaintiff declares that there are no plain, speedy or adequate remedies available for plaintiff

to obtain relief. The defendant provides no other hearing procedures and plaintiff could only appeal the County defendant's judgment to the superior court if he had an administrative hearing in the first instance. Plaintiff did not have any administrative hearing, thus he has no avenue of review. Furthermore plaintiff declares that there are no reasonable procedural safeguards available in the CVC or other provisions of state law for him to seek any relief regarding the denial of due process relating to his original parking ticket and request for an administrative hearing with DMV regarding the hold on plaintiffs vehicle registration. 36. Plaintiff has received an additional parking citation from the County of Orange and

is aware of another citizen that has received a parking citation and both plaintiff and County of 7
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Orange citizen SUE DOE have requested administrative hearings within 21 days of the date of mailing of the two denials to dismiss the parking citations. Plaintiff has discovered a pattern of practice used by the County of Orange to intentionally deny citizens administrative hearings by improperly calculating the 21 days as from the date of mailing as set forth in CVC section 40215 and instead use the date of their decision. This process violates the plaintiffs and Sue Does due process rights under color of law. Plaintiff believes the County of Orange has used this unconstitutional process on other citizens and therefore plaintiff will seek leave to amend this complaint to include the additional two parking tickets that the plaintiff and Sue Doe have received as well as move for class certification making this a class action on behalf of those similarly situated and victimized by this unconstitutional process that continues. 37. Plaintiff has a substantial likelihood of success based on the allegations set forth

herein and that the facts alleged are likely to be proven and are not merely speculative based on an examination of the post-marked envelope and CVC 40215 and related documents associated herewith and the defendants, and each of them, cannot dispute these ultimate conclusive facts. 38. While in CPD custody for declining to sign a traffic infraction for illegal vehicle

code violations perpetrated by the County of Orange plaintiff was denied medication that was in his possession, removed by CPD, including pain med's prescribed by a physician to be taken at specific times to control and manage severe pain relating to plaintiffs physical disability. Plaintiff informed CPD and hospital staff of his disability condition and the need for physician prescribed medication on numerous occasions. Plaintiff continuously requested medication or that a doctor or nurse provides medication for the entire 14 hours. Plaintiff was also denied his insulin for his diabetes. Plaintiff requested his medication numerous times and his insulin and pain med's were available. Plaintiff never had any medication or treatment for his painful conditions while in custody that he was entitled to as a disabled person, as an emergency patient, and as a prisoner. 39. Plaintiff declares and alleges the he was being physically held in cuffs on a gurney in

the downtown Community hospital as torture all the while the attending nurses and CPD Officers were aware of plaintiffs disability and the need for his medication and did nothing. 40. Defendants Community Hospital and CPD used plaintiffs physical disability 8
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against the plaintiff causing great physical pain and suffering to the plaintiff all the while repeating sign the ticket and you can have your medications. Plaintiff requested to file a complaint and CPD refused to allow any complaints stating We know how to handle you. Plaintiff was denied any medical treatment while in CPD custody and was continuously told to sign the ticket. The official police action violates the Eighth Amendment as cruel punishment. 41. Plaintiff finally signed the ticket because the pain and the feeling of hyperglycemic

from no insulin. Plaintiff was getting light-headed and nauseous. Plaintiff was in fear of passing out and if that happened he would be totally under the control of CPD and others which terrified plaintiff so he signed the ticket to obtain his medication to control his disability condition and avoid falling prey to the control of the defendants. Plaintiff wrote a statement to this event and facts on the ticket itself before signing it. Plaintiff protested the signing of the ticket during the signing event. Once plaintiff signed the ticket his medication was immediately returned and a doctor appeared stating that plaintiff had a "serious medical condition. Plaintiffs med's were withheld to induce him into signing the ticket and he was tortured and abused as a disabled person until he signed the ticket in violation of the Americans With Disability Act. 42. While experiencing the above-described injuries and abuses as well as the denial of

reasonable medical care while incarcerated plaintiff made numerous requests and further respectfully demanded that he be allowed to make a telephone call to his attorneys to stop the torture by CPD of withholding plaintiffs medication and denial of emergency medical treatment. Plaintiff was denied any phone call while in custody violating plaintiffs constitutionally protected rights. Plaintiff was denied the right to make a phone call to his attorneys or anyone at all for the entire period of incarceration. Plaintiff suffered nominal, consequential and actual damages to his person and property, personal injury and property damage. A Claim For Damages was timely filed with the City of Cleveland and that Claim was denied. Plaintiff has filed this action timely. First Cause of Action (42 U.S.C. 1395dd against MEDICAL CENTER, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 10 9
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for violations of Emergency Medical Treatment and Active Labor Act (EMTALA)) 43. The allegations set forth in paragraphs 1 through 42 are incorporated herein by this

reference as if set forth fully verbatim. 44. MR. SMITG came to MEDICAL CENTERs emergency department as alleged above

and requested examination and treatment for a medical condition while in CPD custody. 45. DR. DOE was responsible for the examination and treatment of MR. SMITG. Plaintiff

further alleges that CPD owed disabled plaintiff a duty of care far beyond that of which they provided and that lack of care was due to CITY and CPD official policy and lack of proper training resulting in harm and injury to the plaintiff. 46. Under 42 U.S.C. 1395dd(a), MEDICAL CENTER had a duty to provide for an

appropriate medical screening examination within the capability of its emergency department, including ancillary services routinely available to its emergency department, to determine whether or not an emergency medical condition existed. Plaintiff received no treatment to stabilize his condition. 47. In violation of that duty, MEDICAL CENTER and CPD failed and refused to provide

plaintiff with an examination comparable to one offered to other patients or prisoners presenting similar symptoms because plaintiff refused to sign the traffic infraction ticket. Second Cause of Action (42 U.S.C. 12182 against MEDICAL CENTER, CITY OF CLEVELAND, CLEVELAND POLICEDEPARTMENT OFFICERS and DOES 1 through 10 for violations of the Americans with Disabilities Act) 48. The allegations set forth in paragraphs 1 through 47 are incorporated herein by this

reference as if set forth fully verbatim. 49. 42 U.S.C. 12188(a)(1) does not incorporate 42 U.S.C. 2000a-3(c) and therefore MR.

SMITG is not required to provide notice to any state or local agency as a prerequisite to the filing of this lawsuit in federal court. See Botosan v. Paul McNally Realty (9th Cir. 2000) 216 F.3d 827. 50. 51. MR. SMITG is a individual within the meaning of 42 U.S.C. 12182(b) (1) (A) (iv). MEDICAL CENTER and DOES 1 through 10 are a public accommodation within 10
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the meaning of 42 U.S.C. 12181(7) (F). 52. The operations of MEDICAL CENTER and CITY OF CLEVELAND, CLEVELAND

POLICE DEPARTMENT OFFICERS and DOES 1 though 100 affect commerce within the meaning of 42 U.S.C. 12181(1) and are commercial facilities within the meaning of 42 U.S.C. 12181(2). 53. At all times relevant hereto, MR. SMITG is an individual with a ''disability'' within the

meaning of 42 U.S.C. 12102. MR. SMITG has a physical impairment that substantially limits one or more of his major life activities, has a record of such impairment, and is regarded by MEDICAL CENTER and DOES 1 through 100 as having such impairment. 54. Refusing emergency medical examination and treatment as well as withholding

medication from a disabled person on the basis of his disability as alleged above constitutes discrimination under 42 U.S.C. 12182(a) and violations of 42 U.S.C. 12182(b)(1)(A)(i-iii) and 42 U.S.C. 12182(b)(2)(A)(i-iii). 55. MEDICAL CENTER, CITY OF CLEVELAND, CLEVELAND POLICE

DEPARTMENT OFFICERS and DOES 1 thorough 100 acted with reckless indifference MR. SMITGs constitutional rights in committing the acts and omissions alleged above. 56. MR. SMITG has suffered, is suffering, and will continue to suffer severe and

irreparable injury by virtue of said defendants' acts, policies, and practices as set forth herein. Plaintiffs fundamental rights have been violated and will continue to be violated. MR. SMITG has no plain, adequate, or complete remedy at law to redress these violations of his rights, and this action for injunction and declaratory judgment is his only means of securing complete and adequate relief. No other remedy would offer MR. SMITG substantial and complete protection from continuation of said defendants' unlawful acts, policies, and practices. WHEREFORE, Plainitff prays for relief as requested below. Fourth Cause of Action (First Amendment Violations against COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 11-40) 57. The allegations set forth in paragraphs 1 through 56 are incorporated herein by this 11
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reference as if set forth fully verbatim. 58. Throughout the above alleged occurrences, MR. SMITG was peaceably exercising his

rights guaranteed by the First Amendment to the Constitution of the United States, including the right to complain and file formal complaints. 59. The actions of the COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND

POLICE DEPARTMENT OFFICERS, and DOES 11-40, their agents, and employees described above in this cause of action were willfully and maliciously designed to and had the effect of chilling, deterring, preventing, and inhibiting MR. SMITG from the free exercise of their rights of speech, petition, assembly, and association under the First Amendment of the Constitution of the United States and directly interfered with the exercise of those rights. 60. The malicious actions of said defendants, their agents, and employees described above

in this cause of action violated MR. SMITGs rights under the First, Fourth, and Fourteenth Amendments to the Constitution of the United States and the California Constitution. 61. MR. SMITG has suffered, is suffering, and will continue to suffer severe and

irreparable injury by virtue of said defendants' acts, policies, and practices as set forth herein. Plaintiffs fundamental constitutional rights have been violated and will continue to be violated, and the acts of defendants are chilling and deterring the free exercise of rights of speech, association, assembly, privacy, movement, petition, and press. MR. SMITG has no plain, adequate, or complete remedy at law to redress these violations of his constitutional rights, and this suit for injunction, declaratory judgment, and damages is his only means of securing complete and adequate relief. No other remedy would offer MR. SMITG substantial and complete protection from continuation of said defendants' unlawful and unconstitutional acts, policies, and practices. WHEREFORE, Plainitff prays for relief as requested below. Fifth Cause of Action (42 U.S.C. 1983 against the COUNTY OF ORANGE, MEDICAL CENTER, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 10 through 20 for Supervisory Liability based on Misconduct of CPD OFFICER and DOES 1 through 100) 12
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62.

The allegations set forth in paragraphs 1 through 61 are incorporated herein by this

reference as if set forth fully verbatim. 63. COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND POLICE

DEPARTMENT OFFICERS, and DOES 1 through 100 acted under color of law. 64. The above alleged acts of COUNTY OF ORANGE, MEDICAL CENTER, CITY OF

CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100 as the subordinates of JOHN DOE OFFICER 2, and DOES 11 through 100, deprived the MR. SMITG of his particular rights secured to them by the Constitution of the United States, including, but not limited to, his First Amendment right to freedom of expression and association, his Fourth Amendment right to be free from unlawful seizure of his person, his Fourteenth Amendment rights to freedom of association, and his Eighth amendment right to be free from cruel and unusual punishment; 65. COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND POLICE

DEPARTMENT OFFICERS, and DOES 1 through 100 directed their subordinates in the acts that deprived MR. SMITG of these rights; 66. COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND POLICE

DEPARTMENT OFFICERS, and DOES 1 through 100 set in motion a series of acts by their subordinates that they knew or reasonably should have known would cause the subordinates to deprive MR. SMITG of these rights; 67. COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND POLICE

DEPARTMENT OFFICERS, and DOES 1 through 100 knew, or reasonably should have known, that their subordinates were engaging in these acts and that their conduct would deprive the MR. SMITG of these rights, but failed to act to prevent their subordinates from engaging in such conduct; 68. The conduct of said defendants as alleged herein was the direct and proximate caused

of plaintiffs harm and was malicious, oppressive or in reckless disregard of the plaintiffs rights entitling plaintiff to punitive damages. WHEREFORE, Plainitff prays for relief as requested below. 13
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Sixth Cause of Action (42 U.S.C. 1983 against SUPERVISORY OFFICER JOHN DOE AND JOHN DOE OFFICER 2, and DOES 1 through 100 for Violations of Civil Rights) 69. The allegations set forth in paragraphs 1 through 68 are incorporated herein by this

reference as if set forth fully verbatim; 70. SUPERVISORY OFFICER JOHN DOE AND JOHN DOE OFFICER 2, and

DOES 1 through 100 acted under color of law; 71. The above alleged acts of said defendant officers deprived MR. SMITG of his

particular rights secured to him by the Constitution of the United States, including, but not limited to, his First Amendment right to freedom of expression and association, his Fourth Amendment right to be free from unlawful seizure of their persons, his Fourteenth Amendment rights to freedom of association, and his Eighth amendment right to be free from cruel and unusual punishment; 72. The conduct of said defendants as alleged herein was the direct and proximate caused

of plaintiffs harm and was malicious, oppressive or in reckless disregard of the plaintiffs rights entitling plaintiff to punitive damages. WHEREFORE, Plainitff prays for relief as requested below. Seventh Cause of Action (Violations of Unruh Civil Rights Act [Cal. Civ. Code 51, 52] against MEDICAL CENTER, CITY OF CLEVELAND, SUPERVISORY OFFICER JOHN DOE AND JOHN DOE OFFICER 2, and DOES 1 through 100) 73. The allegations set forth in paragraphs 1 through 72 are incorporated herein by this

reference as if set forth fully verbatim; 74. By engaging in the acts or omissions alleged above, MEDICAL CENTER, CITY OF

CLEVELAND, SUPERVISORY OFFICER JOHN DOE and JOHN DOE OFFICER 2, and DOES 1 through 100 denied MR. SMITG full and equal accommodations, advantages, facilities, privileges, and services because of his disability and medical condition. 75. Said defendants thereby denied, aided, and incited a denial of, discriminated, and made

a distinction that denied full and equal accommodations, advantages, facilities, privileges, and 14
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services to MR. SMITG. 76. A motivating reason for the conduct of said defendants was their perception of MR.

SMITG's disability and medical condition. 77. As a direct and proximate result of that conduct, MR. SMITG was harmed.

WHEREFORE, Plainitff prays for relief as requested below. Eighth Cause of Action (Violations of Disabled Persons Act [Cal. Civ. Code 54.1, 54.3] against MEDICAL CENTER, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100) 78. The allegations set forth in paragraphs 1 through 76 are incorporated herein by this

reference as if set forth fully verbatim. 79. By engaging in the acts or omissions alleged above, COUNTY OF ORANGE, CITY

OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100 denied MR. SMITG full and equal access to medical facilities and the privileges associated therewith. 80. Said defendants thereby denied and interfered with his admittance to or enjoyment of

MEDICAL CENTERs facilities as specified in Civil Code 54.1 and otherwise interfered with the rights of MR. SMITG as a disabled person under 54.1 and 54.2 81. A motivating reason for the conduct of said defendants was their perception of MR.

SMITG's disability and medical condition. 82. As a direct and proximate result of that conduct, MR. SMITG was harmed.

WHEREFORE, Plainitff prays for relief as requested below. Eleventh Cause of Action (False Arrest against COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100) 83. The allegations set forth in paragraphs 1 through 82 are incorporated herein by this

reference as if set forth fully verbatim; 84. Plaintiff timely caused a written verified Notice of Claim to be filed with and served 15
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upon the proper officers, agents, and employees of the COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100 pursuant to the statutes in such cases made and provided. 85. COUNTY OF ORANGE and CITY OF CLEVELAND, served a Notice of Rejection

of Claim on Plaintiff after which this lawsuit was timely filed. 86. COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND POLICE

DEPARTMENT OFFICERS, and DOES 1 through 40, while acting under color of law, arrested MR. SMITG without a warrant by restricting his freedom of movement as alleged above for an unreasonable period of time. 87. The law assumes that MR. SMITG was harmed and he is entitled to nominal damages

in addition to actual damages. 88. 89. Plaintiff was actually harmed. The conduct of said defendant officers was a substantial factor in actually and

proximately causing Plaintiffs harm. 90. Defendants conduct as alleged herein was malicious, oppressive or in reckless

disregard of the plaintiffs rights entitling plaintiff to punitive damages. WHEREFORE, Plainitff prays for relief as requested below. Twelfth Cause of Action (False Imprisonment against COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100) 91. The allegations set forth in paragraphs 1 through 90 are incorporated herein by this

reference as if set forth fully verbatim. 92. Defendants COUNTY OF ORANGE, CITY OF CLEVELAND, CLEVELAND

POLICE DEPARTMENT OFFICERS, and DOES 1 through 100) intentionally deprived Plaintiff of his freedom of movement by use of physical barriers, force, threats of force, including deadly force, menace, fraud, deceit, and unreasonable duress. 93. Plaintiff did not consent to these acts. 16
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94.

The law assumes that Plaintiff was harmed and he is entitled to nominal damages in

addition to actual damages. 95. 96. Plaintiff was actually harmed. The conduct of said defendants was a substantial factor in actually and proximately

causing Plaintiff harm. 97. Defendants conduct as alleged herein was malicious, oppressive or in reckless

disregard of the plaintiffs rights entitling plaintiff to punitive damages. WHEREFORE, Plainitff prays for relief as requested below. Fourteenth Cause of Action (Intentional Infliction of Emotional Distress against COUNTY OF ORANGE, MEDICAL CENTER, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100) 99. The allegations set forth in paragraphs 1 through 53 are incorporated herein by this

reference as if set forth fully verbatim; The conduct of COUNTY OF ORANGE, MEDICAL CENTER, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100) was outrageous in falsely arresting, falsely imprisoning, and refusing to provide emergency medical treatment as alleged above; 100. Said defendants each acted with reckless disregard of the probability that Plaintiff

would suffer emotional distress as a result of this conduct. 101. 102. Plaintiff suffered severe emotional distress. The conduct of said defendants was a substantial factor in actually and proximately

causing Plaintiff harm. 103. Defendants conduct as alleged herein was malicious, oppressive or in reckless

disregard of the plaintiffs rights entitling plaintiff to punitive damages. WHEREFORE, Plainitff prays for relief as requested below. Fifteenth Cause of Action (Violations of the Bane Act [California Civil Code 52.1] against CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100) 17
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104.

The allegations set forth in paragraphs 1 through 53 are incorporated herein by this

reference as if set forth fully verbatim. CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100) each interfered with or attempted to interfere with Plaintiffs constitutional rights by threatening or committing violent acts as alleged above. 105. Plaintiff reasonably believed that if he exercised his right to seek emergency

medical treatment, right against unreasonable searches and seizures, right against cruel and unusual punishment, and rights of association, among others, as alleged above said defendants would commit violence against him. 106. Said defendants injured Plaintiff to prevent him from exercising the right to seek

emergency medical treatment, right against unreasonable searches and seizures, right against cruel and unusual punishment, and rights of association, among others, as alleged above, or retaliate against Plaintiff for having exercised his rights, as alleged above. 107. 108. Plaintiff was harmed. The conduct of said defendants was a substantial factor in actually and proximately

causing Plaintiff harm. 109. Defendants conduct as alleged herein was malicious, oppressive or in reckless

disregard of the plaintiffs rights entitling plaintiff to punitive damages. WHEREFORE, Plainitff prays for relief as requested below. Sixteenth Cause of Action (Civil Conspiracy to Violate Civil Rights and Commit Torts against All Defendants) 110. The allegations set forth in paragraphs 1 through 109 are incorporated herein by

this reference as if set forth fully verbatim; 111. Each defendant named herein was aware that each other said defendant planned to

violate Plaintiff(s) civil rights and commit the torts against Plaintiff(s) as alleged above. 112. Each said defendant agreed or joined with the other said defendants and intended

that the violations of civil rights and torts be committed as alleged above. 113. Plaintiff was harmed. 18
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114.

The conduct of said defendants was a substantial factor in actually and proximately

causing Plaintiff harm. 115. Defendants conduct as alleged herein was malicious, oppressive or in reckless disregard of the plaintiffs rights entitling plaintiff to punitive damages. WHEREFORE, Plainitff prays for relief as requested below. Seventeenth Cause of Action (Aiding and Abetting Violations of Civil Rights and Commission of Torts against All Defendants) 116. The allegations set forth in paragraphs 1 through 115 are incorporated herein by

this reference as if set forth fully verbatim. 117. Each defendant named herein knew that the above-alleged violations of civil rights

and torts was being or was going to be committed by each other defendant against Plaintiff. 118. Each defendant named herein gave substantial assistance or encouragement to each

other defendant. 119. 120. Plaintiff was harmed. The conduct of said defendants was a substantial factor in actually and proximately

causing Plaintiff harm. 121. Defendants conduct as alleged herein was malicious, oppressive or in reckless

disregard of the plaintiffs rights entitling plaintiff to punitive damages. WHEREFORE, Plainitff prays for relief as requested below. Eighteenth Cause of Action (Injunctive Relief against All Defendants) 122. The allegations set forth in paragraphs 1 through 121 are incorporated herein by

this reference as if set forth fully verbatim. Defendants' wrongful conduct, unless and until enjoined and restrained by order of this Court, will cause great and irreparable injury to Plaintiff, and those in the general public that are similarly situated as Plaintiff, as the wrongful acts and omissions of the defendants that resulted in a deprivation of Plaintiff(s) constitutional rights as alleged above of United States Citizens who come into contact with COUNTY OF ORANGE, MEDICAL CENTER, 19
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CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100, as alleged above, is a manifestation of the ongoing and continuing policy and practice of the defendants. 123. Plaintiff has no adequate remedy at law for the injuries currently being suffered or

that are threatened as it will be impossible for plaintiff, or those similarly situated, to determine the precise amount of damage that he or she will suffer if defendants' conduct is not restrained and plaintiff, or those similarly situated, will be forced to institute a multiplicity of suits to obtain adequate compensation for injuries resulting from the ongoing and continuing deprivation of the constitutional rights of United States Citizens who some into contact with MEDICAL CENTER and CLEVELAND. 124. As a proximate result of defendants' wrongful conduct, plaintiff has been damaged

in an amount to be proven at trial. WHEREFORE, Plainitff prays for relief as requested below. PRAYER FOR RELIEF WHEREFORE, Plaintiff(s) demand the following relief jointly and severally, against all the defendants, individually, jointly and severally: A. B. Compensatory damages in the amount to be proven at trial Civil penalty under 42 U.S.C. 1395dd(d)(1)(A) and 1395dd(d)(1)(B) in the amount

of no more than $50,000 per violation against each defendant in violation. C. Treble damages and statutory penalties under California Civil Code pursuant to 52.1,

54.3. 56.101, and 56.36 of at least $25,000 per violation against each defendant in violation. D. E. Punitive damages. Attorney's fees and costs pursuant to 42 U.S.C. 1988, 12188 and 2000a-3 and the

California Civil Code 52.1, 54.3, 56.101, and 56.36, which is intended to protect and benefit the public against violations of rights. F. For an order requiring defendants to show cause, if any they have, why they should not

be enjoined as set forth in this Complaint, during the pendency of this action; G. For a temporary restraining order, a preliminary injunction, and a permanent 20
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injunction, all enjoining defendants, and each of them, and their agents, servants, and employees, and all persons acting under, in concert with, or for them: 1. From refusing to treat persons presenting themselves for emergency medical

service based on a persons disability or medical condition. 2. From unlawfully seizing and searching persons and their property and using

lawful force in violation of the constitutional rights of any person; require COUNTY OF ORANGE, MEDICAL CENTER, CITY OF CLEVELAND, CLEVELAND POLICE DEPARTMENT OFFICERS, and DOES 1 through 100 to a) meaningfully train all its personnel, officers, agents, employees, etc. on proper emergency medical treatment procedure and search and seizure procedure so that no persons constitutional rights are violated; (b) issue quarterly reports for three years from the date the injunction is issued concerning the efforts made to comply with any order issued pursuant to this request; and (c) actively review and supervise the training of its personnel on proper procedure to comply with any order issued pursuant to this request. H. Such other and further relief as this Court may deem appropriate under the

circumstances. DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial of this action. Dated: June 9, 2010 ________________________________ MICHAEL SMITG IN PROPRIA PERSONA/PLAINTIFF

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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF BASED ON EMTALA AND CIVIL RIGHTS VIOLATIONS AND COMMON LAW TORTS