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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Elizabeth Fair, Trustee for the Estate of Edmond Fair, deceased; Plaintiff, COMPLAINT v. (JURY TRIAL DEMANDED) Ryan Soliday, individually and in his official capacity as a Minneapolis Police Officer; Defendant. Case No.__________________

INTRODUCTION 1. The ability to safely, calmly, and professionally interact with the public without violence is an intrinsic and basic part of law enforcement. During the events described in this Complaint, Defendant showed a complete lack of these essential skills, a blatant disrespect for the laws of the United States, and an abhorrent disregard for civil rights and human life. 2. In the early morning hours of August 23, 2013, during a routine traffic stop, and without any justification or defense, Defendant Ryan Soliday shot and killed a defenseless and handcuffed Edmond Fair. 3. On December 17, 2013, the Honorable Regina M. Chu, Judge of the Fourth Judicial District for the State of Minnesota, appointed Mr. Fairs mother, Elizabeth Fair, as Trustee for the purpose of commencing this action.

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4. Pursuant to the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution and Title 42 U.S.C. 1983 and 1988, Plaintiff brings this action against Defendant for violating Mr. Fairs rights, including procedural due process, the right to be free from unreasonable search and seizure, and the right not to be subjected to excessive and deadly force. Plaintiff seeks compensatory and punitive damages, as well as statutory fees and attorneys fees. 5. Pursuant to Minn. Stat. 573.02, Plaintiff also brings this action against Defendant for Mr. Fairs wrongful death. Plaintiff seeks compensatory and punitive damages, as well as statutory fees and attorneys fees. JURISDICTION AND VENUE 6. This Court has original and supplemental jurisdiction over this matter pursuant to 28 U.S.C. 1331 and 1367, as Plaintiffs claims are based on Mr. Fairs rights under the United States Constitution, state law and common law. 7. Venue in this Court is appropriate since the unlawful practices alleged herein occurred within this State and District. PARTIES 8. Edmond Fair was born on December 28, 1988 in Greenwood, Mississippi, County of Leflore. At all times relevant to this complaint, Mr. Fair was a resident and

domiciliary of Minneapolis, Minnesota, County of Hennepin. On August 23, 2013, Mr. Fair died by homicide when Defendant shot and killed him in Brooklyn Center, Minnesota.

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9. Mr. Fair is survived by the following heirs and next-of-kin: Mother Elizabeth Fair; Sister Cassandra Fair; Brother Carl Fair, Jr.; Brother Eddrick King; Sister Jennifer Stancil; Sister J.J-K.; Sister L.K-B.; and Brother O.K. 10. Mr. Fairs mother, Elizabeth Fair, has been appointed by the Hennepin District Court as Trustee for purposes of commencing this action. 11. Upon information and belief, Defendant Ryan Holiday was and still is a Police Officer for the city of Brooklyn Center and is a resident and domiciliary of Minnesota. 12. Defendant is a person acting, at all times relevant to this Complaint, under the color of state law and in the scope of his official duties, as within the meaning of Title 42 U.S.C. 1983. FACTUAL BACKGROUND 13. On August 22, 2013, Edmond Fair spent the evening with several of his friends at the Motel 6 in Brooklyn Center, where one of his friends had rented a motel room. They spent time together and played games until approximately 2:00 a.m., when a hotel staff member knocked on their room door and informed them that the group had to leave because they were making too much noise. 14. Mr. Fair and the others complied with the staff members request and proceeded to pack their belongings into their vehicle. Their plan was to drive back to one of their homes. Mr. Fair began driving the group away from the motel. 15. Defendant arrived at the hotel as Mr. Fair and his friends were leaving. He turned on his squad cars flashing lights and pulled over Mr. Fair near the intersection of Shingle Creek Parkway and Freeway Blvd.
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16. Defendant approached the driver side of the vehicle and asked Mr. Fair for his name and identification. Mr. Fair stated his name and said that he did not have his identification with him. 17. Defendant then asked Mr. Fair to step out of the vehicle. Mr. Fair complied, and Defendant searched him. Defendant found no drugs or weapons on Mr. Fairs person. After the search, Defendant walked Mr. Fair around to the back of the vehicle and sat Mr. Fair on the curb. Defendant then handcuffed Mr. Fair. 18. After being handcuffed, Mr. Fair began pleading with Defendant, saying that he did not want to be taken to jail. 19. Mr. Fair tried to stand up, and Defendant responded by wrapping his arms around Mr. Fairs upper body and neck. Defendants partner approached and used a Taser on Mr. Fair. Mr. Fair struggled as he attempted to remove the Taser darts from his side. 20. As Mr. Fair struggled to remove the Taser darts from his side, Defendant pulled Mr. Fair farther away from the vehicle. Mr. Fair began calling out for help. 21. In an abhorrently unwarranted and overzealous display of force that proved deadly, and without any warning or notification, Defendant removed his gun from its holster and fired a shot into the chest of Mr. Fair, who fell to the ground in that instant. 22. Mr. Fair, who was still in handcuffs, posed no threat to the Defendant, nor did he pose a threat to anyone else. Mr. Fair had no weapons on him, nor had he made any threatening statements or gestures. 23. After Mr. Fair was shot and fell to the ground, additional officers were called to the scene.
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24. Once the additional officers arrived, Defendant and his partner were removed from the scene. 25. Mr. Fairs friends, who were witness to the atrocious and unjustifiable killing of their friend, were then removed from the vehicle and each moved into a separate squad car where they were questioned. 26. Defendant acted deliberately, intentionally, with malice, in bad faith, and with a clearly reckless disregard of rights, dignity, and human life as he committed the above described acts, which resulted in the homicide of Mr. Fair. 27. Defendants actions have no semblance of legitimate justification or defense; his brutal and horrific use of force so far exceeds the bounds of law and morality that he immediately began fabricating a version of the evenings events in a desperate attempt to account for his actions. 28. As a direct and proximate result of Defendants conduct, Mr. Fair lost his life, and Plaintiff and Mr. Fairs heirs and next-of-kin have suffered extreme emotional distress, pecuniary loss, and the loss of his aide, comfort, companionship, guidance, and protection. COUNT 1 EXCESSIVE FORCE/UNREASONABLE SEARCH AND SEIZURE THE UNITED STATES CONSTITUTIONTITLE 42 U.S.C. 1983 29. Plaintiff incorporates the allegations set forth in each of the preceding paragraphs as if fully set forth herein.

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30. Title 42 U.S.C. 1983 prohibits, inter alia, state actors from depriving persons of rights, privileges, or immunities secured by the United States Constitution, including the right to be free from excessive force and unreasonable search and seizures as guaranteed by the Fourth Amendment and incorporated through the Fourteenth Amendment. This right was clearly established at all times relevant to this Complaint. 31. In violation of Title 42 U.S.C. 1983, Defendant, acting under the color of state law, deprived Mr. Fair of rights, privileges and immunities secured by the Constitution by using excessive, unreasonable, and deadly force, resulting in Mr. Fairs death. 32. Defendants actions were not objectively reasonable under the Fourth Amendment or for the purposes of qualified immunity under the totality of circumstances. 33. As a direct and proximate result of Defendants actions, Plaintiff, Mr. Fair and his heirs and next-of-kin have been injured, suffering his wrongful death, physical, mental, and emotional pain, discomfort, embarrassment, fear, anxiety, apprehension,

sleeplessness, public scorn, a generally diminished sense of personal and family safety, outrage, attorney and investigative fees, and the costs of bringing suit. Further, Plaintiff and Mr. Fairs heirs and next-of-kin have suffered pecuniary and other losses, including, but not limited to, economic damages, the loss of his aide, comfort, companionship, guidance, and protection. 34. Defendant, as a result of his outrageous and illegal behavior, is liable to Plaintiff, Mr. Fair and his heirs and next-of-kin for the aforementioned injuries as well as punitive damages.

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35. Total damages suffered are in excess of $1,000,000 to be further determined at trial. 36. Punitive damages are also properly awardable against Defendant and are hereby claimed as a matter of federal common law, Smith v. Wade, 461 U.S. 30 (1983), and, as such, are not subject to the pleading requirements or the differing standard of proof set forth in Minn. Stat. 549.20. COUNT 2 WRONGFUL DEATH 2013 MINN. STAT. 573.02 37. Plaintiff incorporates the allegations set forth in each of the preceding paragraphs as if fully set forth herein. 38. Minn. Stat. 573.02 provides a cause of action for a decedents estate when a death is caused by the wrongful act or omission of any person or corporation. 39. It is well established in Minnesota and Federal common law, statutory law, Constitutional law, police officer protocol, and virtually every known iteration of moral decency, that the use of deadly force should be a last resort and reserved for the direst of circumstances, such as those involving a grave threat of great bodily harm or death. 40. Defendants use of deadly force was extreme, outrageous, and totally unwarranted in light of the circumstances. His wrongful acts and omissions constitute wrongful conduct resulting in the wrongful death of Mr. Fair for which Minn. Stat. 573.02 allows recovery.

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41. As a direct and proximate result of Defendants actions, Plaintiff, Mr. Fair and his heirs and next-of-kin have been injured, suffering his wrongful death, physical, mental, and emotional pain, discomfort, embarrassment, fear, anxiety, apprehension,

sleeplessness, public scorn, a generally diminished sense of personal and family safety, outrage, attorney and investigative fees, and the costs of bringing suit. Further, Plaintiff and Mr. Fairs heirs and next-of-kin have suffered pecuniary and other losses, including, but not limited to, economic damages, the loss of his aide, comfort, companionship, guidance, and protection. 42. Defendant, as a result of his outrageous and illegal behavior, is liable to Plaintiff, Mr. Fair and his heirs and next-of-kin for the aforementioned injuries as well as punitive damages. 43. Total damages suffered are in excess of $1,000,000 to be further determined at trial. PRAYER FOR RELIEF WHEREFORE, Plaintiff requests that this Court: Enter a judgment in favor of Plaintiff and against Defendant as follows: A. An order granting Plaintiff joint and severable judgments against Defendant; B. An order granting Plaintiff compensatory damages in such amount as a jury may determine but not less than $1,000,000; C. An order granting Plaintiff punitive damages in such amount as a jury may determine but not less than $1,000,000; D. An order for Defendant to pay Plaintiffs costs, interest, and attorney fees; and
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E. An order for Defendant to pay any and all further relief available, such as any relief this Court may consider equitable or appropriate. Plaintiff demands a jury trial. Dated: January 7, 2014 MADIA LAW LLC

s/J. Ashwin Madia______________ J. Ashwin Madia, MN#0321187 345 Union Plaza 333 Washington Avenue North Minneapolis, Minnesota 55401 612.349.2723 Fax: 612.235.3357 jamadia@madialaw.com ATTORNEY FOR PLAINTIFF

JS 44 (Rev. 12/12)

CASE 0:14-cv-00070-DSD-JJK Document 1-1 Filed 01/07/14 Page 1 of 2

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 NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
Elizabeth Fair, Trustee for the Estate of Edmond Fair, deceased
(b) County of Residence of First Listed Plaintiff

DEFENDANTS
Ryan Soliday, individually and in his official capacity as a Brooklyn Center Police Officer;
County of Residence of First Listed Defendant
NOTE: (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

Hennepin

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Madia Law LLC, J. Ashwin Madia, #0321187, Joshua A. Newville, #395221, 345 Union Plaza, 333 Washington Avenue North, Minneapolis, MN 55401

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1 U.S. Government Plaintiff U.S. Government Defendant 3 Federal Question (U.S. Government Not a Party) Diversity (Indicate Citizenship of Parties in Item III)

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

(For Diversity Cases Only) PTF Citizen of This State 1 Citizen of Another State Citizen or Subject of a Foreign Country 2 3 DEF 1 2 3 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 6 5 6

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT 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 (Excludes 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 TORTS 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 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical 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 Habeas Corpus: 463 Alien Detainee 510 Motions to Vacate Sentence 530 General 535 Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) OTHER STATUTES 375 False Claims Act 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 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions

V. ORIGIN (Place an X in One Box Only)

1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District
(specify)

6 Multidistrict Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause:

42 USC 1983

Excessive force, unreasonable search and seizure and wrongful death.

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

CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE
DATE

SIGNATURE OF ATTORNEY OF RECORD

01/07/2014
FOR OFFICE USE ONLY RECEIPT # AMOUNT

s/J. Ashwin Madia

APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/12)

CASE 0:14-cv-00070-DSD-JJK Document 1-1 Filed 01/07/14 Page 2 of 2

Authority For Civil Cover Sheet

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

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. 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.) 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)". Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.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; NOTE: federal question actions take precedence over diversity cases.) 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. 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 clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. Origin. Place an "X" in one of the six 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. 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 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 actual dollar amount 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.

(b)

(c)

II.

III.

IV.

V.

VI.

VII.

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.