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Case 2:12-cv-08915 Document 1 Filed 12/13/12 Page 1 of 11 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON MATTHEW COLE, individually and PATRICIA COLE,as next friend of MATTHEW COLE, vs. Plaintiffs, Civil Action No. : 2:12-8915

NICHOLAS D. HALL, ROBERT V. NEAL, JAMES K. SIZEMORE, DANA C. WYSONG, in their individual capacities, and FAYETTE COUNTY COMMISSION, a political subdivision of the State of West Virginia, Defendants. COMPLAINT This complaint, brought pursuant to 42 U.S.C. Section 1983, the Fourth

Amendment to the United States Constitution, arises out of the Defendants use of excessive force on the Plaintiff on or about December 14, 2010 in the town of Victor, Fayette County, West Virginia, within the Southern District of West Virginia. JURISDICTION This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331 and 1343. PARTIES 1. The Plaintiff, Matthew Cole, was at all times relevant hereto a resident of

Ansted, Fayette County, West Virginia, within the Southern District of West Virginia. 2. The Plaintiff, Patricia Cole, was at all times relevant hereto a resident of

Ansted, Fayette County, West Virginia, and is a plaintiff in the capacity as next friend for her son, Matthew Cole, who is mentally disabled.

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3.

Defendant Nicholas D. Hall is and was at all times relevant hereto, a

resident of Fayetteville, Fayette County, West Virginia, having a last known address of P.O. Box 463, Fayetteville, West Virginia 25840 and is employed by the Fayette County Sheriffs Department. He is named in his individual capacity. 4. Defendant Robert V. Neal is and was at all times relevant hereto, a

resident of Hico, Fayette County, West Virginia, having a last known address of P.O. Box 126 Hico, West Virginia 25854 and is employed by the Fayette County Sheriffs Department. He is named in his individual capacity. 5. Defendant James K. Sizemore is and was at all times relevant hereto, a

resident of Ansted, Fayette County, West Virginia, having a last known address of 105 Downey Ridge Road, Ansted, West Virginia 25812 and is employed as a Captain in the Fayette County Sheriffs Department. He is named in his individual capacity. 6. Defendant Dana C. Wysong is upon information and belief a resident of

the town of Windsor, Isle of Wight County, Virginia, having a last known address of 13 E. Grifn Street, Windsor, Virginia 23487-9425. He was at all times relevant hereto a resident of the town of Lookout, Fayette County, West Virginia and was employed by the Fayette County Sheriffs Department. He is named in his ofcial capacity. 7. Defendant Fayette County Commission (FCC) is a political subdivision of

the State of West Virginia, and as such, is liable for the negligent conduct of its agents and employees, including the Sheriff, the Sheriffs Department, and the employees of the Sheriffs Department, so long as that conduct was carried out within the scope of their employment. See West Virginia Governmental Tort Claims and Insurance Reform Act, W. Va. Code 29-12A-1, et seq.

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8.

The conduct alleged herein to have been committed by employees and/or

agents of Defendant FCC are hereby alleged to have been committed by said agents and/or employees acting in the scope of their employment and authority. The causes of action asserted herein against Defendant FCC refer to acts performed by agents and employees of said Defendant political subdivision, rather than the formulation and implementation of policy related to how law enforcement and police protection are provided. FACTS 9. On February 13, 1993 the Plaintiff, Matthew Cole, suffered a traumatic

brain injury in a vehicle accident, which resulted in a left frontotemporal craniotomy. He was in a coma for eighteen days and was hospitalized for four months. 10. On May 26, 2006, Mr. Cole was involved in another vehicle accident

where he suffered further head trauma. 11. As a result of the vehicle accidents, Mr. Cole has a history of

posttraumatic seizures and remains with a residual right hemiparesis, right hemi sensory decit and persistent diplopia. He is permanently disabled - both physically and mentally. His parents, in particular his mother, Plaintiff Patricia Cole, cares for him and assists him in living an independent lifestyle. However, he has severe limitations. 12. On December 14, 2010 the Plaintiff, Matthew Cole, was visiting his cousin,

Jesse Pike, now deceased, of Victor, West Virginia. Mr. Pike got into a domestic dispute with his signicant other. She called law enforcement and reported, apparently falsely, that she had been shot in the face with a .357 caliber hand gun by Mr. Pike.

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13.

Prior to the arrival of law enforcement, Mr. Pike took Matthew Cole outside

of the residence with him and instructed him to hide from approaching law enforcement. The plaintiff did what he was told. He was not involved - nor alleged to be involved - in the domestic altercation. 14. Defendants Hall, Neal, Wysong and Sizemore, arrived at the residence

and began to approach the home. Thereupon they discovered Mr. Pike and the Plaintiff hiding in the driveway. Defendant Sizemore was a Captain and was the supervisor for deputies Hall, Neal and Wysong. 15. The said deputies detained Matthew Cole and Jesse Pike and seized Mr.

Pikes handgun from beneath a nearby parked car. Mr. Pike was advised his Miranda rights and was placed under arrest. 16. At some point prior to, or during the detainment of Matthew Cole, the said

defendants struck Matthew Cole in the face, head, legs and chest. 17. At the time Mr. Cole was struck, he was not resisting or assaulting the

deputies. 18. At some point, upon information and belief, Defendant Wysong recognized

Mr. Cole and informed the other deputies that he was disabled. 19. Matthew Cole was then taken to his mothers home by Deputy Wysong

and dropped off in the driveway. Deputy Wysong did not speak with Mr. Coles mother, nor did he ensure that Mr. Cole was able to get inside the home. There was snow on the ground and the weather was cold. Up to that point Matthew Cole was not given any medical treatment or care.

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20.

Patricia Cole, Matthews mother, observed her son being dropped off

outside, and upon opening the door for him immediately observed physical injuries to her sons body and called 9-1-1 for an ambulance. Photographs were then taken which depict injuries to Matthew Coles face, head and legs. While speaking to the 9-1-1 operator, Mrs. Cole requested that the deputy she observed return to speak with her about what happened. However Fayette County 9-1-1 refused to send a deputy, and refused to give her the name of the deputy who transported her son. Mr. Cole was taken, by ambulance to the Summersville Regional Medical Center emergency room where he was treated for injuries to his head, legs and chest. 21. Matthew Cole was never charged with a criminal violation, nor was he

taken into custody other than being seized at the scene and being taken to his mothers home. 22. Since Mr. Cole suffered the beating on December 14, 2010, he began

having seizures again, and underwent additional medical treatment. 23. Since the beating, Mr. Cole has suffered from severe anxiety and post

traumatic stress disorder. He has become depressed and obsessed with the beating. The experience has penetrated every aspect of his daily life. He seizure activity has increased dramatically since December 14, 2010. COUNT ONE - EXCESSIVE FORCE UNDER 42 U.S.C. 1983 VIOLATION OF THE FOURTH AMENDMENT 24. Plaintiff incorporates by reference all the allegations contained in the

previous paragraphs.

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25.

Defendants Hall, Neal, Wysong and Sizemore, under color of state law,

used excessive force against Matthew Cole, as described above, on December 14, 2010. 26. When the defendants struck Matthew Cole in the head, legs and chest, no

objectively reasonable ofcer could have perceived Mr. Cole as posing an immediate threat to the safety of the ofcers or others. 27. Matthew Cole was neither armed nor suspected by the defendants of

being armed at the time he was beaten. 28. Matthew Cole was not resisting arrest at the time that force was being

used on him. 29. Matthew Cole had not committed any crime at the time force was used on

him, and was never charged with any criminal allegation. 30. The said defendants actions were objectively unreasonable, unlawful,

unwarranted, and in violation of Matthew Coles clearly established procedural and substantive rights, including the Fourth Amendment of the United States Constitution. 31. The said defendants actions were willful, wanton, intentional, malicious

and done with a callous and reckless disregard for Matthew Coles Fourth Amendment right to be free from excessive force. 32. Matthew Cole suffered harm, including personal injuries, extreme

emotional distress, medical expenses, severe pain, and continues to suffer damages, and is entitled to recover damages for the same.

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COUNT TWO - EXCESSIVE FORCE UNDER 42 U.S.C. 1983 VIOLATION OF THE FOURTEENTH AMENDMENT 33. Plaintiff incorporates by reference all the allegations contained in the

previous paragraphs. 34. In the event that this Court nds that Matthew Cole was a pretrial detainee

at the time that he was struck by the defendants, Mr. Cole pleads a violation of the Fourteenth Amendment Due Process Clause, in the alternative. 35. The defendants, under color of state law, used excessive force against

Matthew Cole as described above, which inicted unnecessary and wanton pain and suffering on the Plaintiff. 36. At the time Mr. Cole was struck, there was no need for force to be applied,

and even if there was a need for force to be applied, the defendants used an excessive amount of force, as evidenced by Mr. Coles physical injuries. 37. The said use of force was not applied in a good faith effort to maintain and

restore discipline, but rather was applied maliciously and sadistically for the purpose of causing harm. 38. The defendants actions were objectively unreasonable, willful, wanton,

intentional, malicious and done with a callous disregard for the Plaintiffs clearly established Fourteenth Amendment right to be free from excessive force. 39. Plaintiff suffered harm, including personal injuries, extreme emotional

distress, medical expenses, severe pain, and continues to suffer damages, and is entitled to recover damages for the same.

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COUNT THREE - STATE LAW CLAIM FOR NEGLIGENCE 40. Plaintiff incorporates by reference all the allegations contained in the

previous paragraphs. 41. Defendant FCC specically owed Matthew Cole a duty of reasonable care.

It was reasonably foreseeable to the defendants that Matthew Cole would be harmed as a result of their actions of striking him in the head, legs and chest, in violation of the U.S. Constitution. Upon information and belief, there was at least one ofcer at the scene who knew the identity of Matthew Cole, and who knew of his mental and physical disability. Furthermore, it was obvious, or should have been obvious, to the defendants that they were interacting with a disabled person. 42. Defendant FCC, by and through their Sheriffs Department, breached that

duty as detailed above and incorporated herein, and furthermore by: a. b. c. d. e. 43. negligently training, retaining, and supervising the defendants who struck Matthew Cole; negligently allowing the defendants who struck Matthew Cole to use excessive force in violation of the U.S. Constitution; negligently failing to comply with federal constitutional standards for the use of force against a suspect and/or a pretrial detainee; negligently training the defendants who struck and transported Matthew Cole to interact with persons who are mentally disabled; negligently depriving the Plaintiff of medical treatment for his injuries. As a direct and proximate result of the Defendants negligence, Matthew

Cole suffered harm, including personal injuries, extreme emotional distress, medical

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expenses, severe pain, and continues to suffer damages, and is entitled to recover damages for the same. COUNT FOUR - SUPERVISORY LIABILITY UNDER 42 U.S.C. 1983 44. 45. Plaintiff incorporates all allegations contained in previous paragraphs. On December 14, 2010 Defendant James K. Sizemore was a Captain in

the Fayette County Sheriffs Department and was the supervisor for defendants Hall, Neal and Wysong. 46. Defendant Sizemore had actual or constructive knowledge that his

subordinates were engaged in conduct that posed a pervasive and unreasonable risk of constitutional injury to the plaintiff; namely using excessive force. Defendant Sizemores knowledge is documented by his presence at the scene of Matthew Coles beating. 47. The said supervisors response to that knowledge was so inadequate as

to show deliberate indifference to, or tacit authorization of, the practice of using excessive force. 48. As a direct and proximate result of the said supervisors inaction the

Plaintiff suffered constitutional violations and was damages, as described above, for which he is entitled to recover. COUNT FIVE - DENIAL OF MEDICAL CARE UNDER 42 U.S.C. 1983 49. 50. Plaintiff incorporates all allegations contained in previous paragraphs. Matthew Cole had a serious medical need following his being struck in the

head, legs and chest by defendants Hall, Neal, Wysong and Sizemore, as described above; namely treatment for his physical injuries and medication.

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51.

The said defendants were aware of Matthew Coles serious need for

medical care and medication, since had knowledge that they struck him and that he was visibly injured. 52. The said defendants, with deliberate indifference, failed to provide the

medical care or direct that medical care be provided within a reasonable amount of time. They did not call an ambulance for Mr. Cole. Nor did they transport him to the hospital. They merely dropped him off outside his mothers home, in the snow. 53. As a direct and proximate result, Matthew Cole was injured, including

prolonged and unnecessary suffering without treatment and medication for his physical injuries. 54. During this time, Matthew Cole was in the custody of the defendants after

having been seized at the scene of the arrest of Jesse Pike, and therefore was a pretrial detainee during his transport to his mothers home. 55. The defendants were acting under the color of state law.

PRAYER WHEREFORE, based on the above stated facts, the Plaintiff respectfully

requests that this Honorable Court award: 1. Damages against the Defendants in an amount to be determined at trial

which will fairly and reasonably compensate the Plaintiff for: a. b. c. Past, present and future medical expenses; Past, present and future pain and suffering; Loss of enjoyment of life;

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d. e. f. g. h. i. j. k.

Psychological and emotional distress; Any other compensatory damages to be proven at trial; Punitive damages against the individual Defendants in an amount to be determined at trial; Reasonable attorney fees and costs; Any other relief that this Court deems is just and fair; All other damages provided by law; Injunctive relief requiring appropriate training, supervision and discipline in order to remedy all constitutional deprivations which the Plaintiff suffered; Declaratory judgment relief establishing the Defendants above-described conduct violates the Plaintiffs clearly established constitutional rights.

PLAINTIFF DEMANDS A TRIAL BY JURY

MATTHEW COLE and PATRICIA COLE, By Counsel

/s John H. Bryan John H. Bryan (WV Bar No. 10259) Martha J. Fleshman (WV Bar No. 8542) JOHN H. BRYAN, ATTORNEYS AT LAW 611 Main Street P.O. Box 366 Union, WV 24983 (304) 772-4999 Fax: (304) 772-4998 jhb@johnbryanlaw.com for the Plaintiff

!JS 44 (Rev. 11/04)

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CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS MATTHEW COLE, individually and PATRICIA COLE, as next friend of MATTHEW COLE (b) County of Residence of First Listed Plaintiff

Fayette

DEFENDANTS NICHOLAS D. HALL, ROBERT V. NEAL, JAMES K. SIZEMORE, DANA C. WYSONG, in their individual capacities and FAYETTE COUNTY COMMISSION, Fayette County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number) John H. Bryan, Martha J. Fleshman, John H. Bryan, Attorneys at Law 611 Main Street, P.O. Box 366, Union, WV 24983, (304) 772-4999 II. BASIS OF JURISDICTION
"1
U.S. Government Plaintiff U.S. Government Defendant (Place an X in One Box Only)

Attorneys (If Known)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff


(For Diversity Cases Only) PTF Citizen of This State " 1

" !3

Federal Question (U.S. Government Not a Party)

DEF " 1

and One Box for Defendant) PTF DEF Incorporated or Principal Place " 4 "4 of Business In This State

"2

" 4 Diversity
(Indicate Citizenship of Parties in Item III)

Citizen of Another State Citizen or Subject of a Foreign Country

" 2 " 3

" 2 " 3

Incorporated and Principal Place of Business In Another State Foreign Nation

" 5 " 6

" 5 " 6

IV. NATURE OF SUIT


CONTRACT

(Place an X in One Box Only) TORTS

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

" " " " " " " " " " " " " " " " " "

110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

" " " " " " " " " " " " " " " " !

PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights

PERSONAL INJURY " 362 Personal Injury Med. Malpractice " 365 Personal Injury Product Liability " 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY " 370 Other Fraud " 371 Truth in Lending " 380 Other Personal Property Damage " 385 Property Damage Product Liability PRISONER PETITIONS

" 610 Agriculture " 620 Other Food & Drug " 625 Drug Related Seizure " " " " " " " " " " "
of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

" 422 Appeal 28 USC 158 " 423 Withdrawal


28 USC 157 PROPERTY RIGHTS

" 820 Copyrights " 830 Patent " 840 Trademark


SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS " 870 Taxes (U.S. Plaintiff or Defendant) " 871 IRSThird Party 26 USC 7609

" " " " " " " " " " " " " " " " " " "

" " " " "

" 510 Motions to Vacate " " " " "


Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

" !1

V. ORIGIN
Original Proceeding

" 2

(Place an X in One Box Only)

Transferred from " 6 Multidistrict another district Removed from Remanded from Reinstated or (specify) State Court Appellate Court Reopened Litigation Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

" 3

"4

" 5

" 7

Appeal to District Judge from Magistrate Judgment

VI. CAUSE OF ACTION

42 U.S.C. Section 1983

Excessive Force DEMAND $ " CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 Jury Award COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE SIGNATURE OF ATTORNEY OF RECORD

Brief description of cause:

CHECK YES only if demanded in complaint: " Yes " No JURY DEMAND: DOCKET NUMBER

12/13/12
FOR OFFICE USE ONLY RECEIPT # AMOUNT

s/ John H. Bryan
APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 11/04)

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44


Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the defendant is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section (see attachment). II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an X in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

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