Professional Documents
Culture Documents
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JEROME HILL
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vs.
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Defendants.
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JURISDICTION
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This action arises under Title 42 of the United States Code, 1983. Jurisdiction is conferred
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upon this Court by Title 28 of the United States Code, 1331 and 1343. The unlawful acts and
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practices alleged herein occurred in the City of Fairfield, Solano County, California, which is within
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PARTIES
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At all times mentioned herein, the Plaintiff Jerome Hill (hereinafter Plaintiff) is an
individual, over the age of eighteen and a resident within the Northern District of California. He is a
veteran of the United States Armed Forced]s. He served in the United States Army for six years
during the Iraq War. He was honorably discharged with the rank of sergeant after serving two tours
of combat duty.
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police agency operated in and for the City of Fairfield in the County of Solano. Defendant
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DEPARTMENT during the time of the alleged unlawful acts and practices herein. BELK was and at
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all times during the times herein alleged employed by the DEPARTMENT in the capacity as a police
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DEPARTMENT during the time of the alleged unlawful acts and practices herein. AMBROSE was
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and at all times during the times herein alleged employed by the DEPARTMENT in the capacity as a
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inclusive, and therefore sues these defendants by such fictitious names. Plaintiff is informed and
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believes and thereon alleges that each Defendant so named is responsible in some manner for the
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injuries and damages sustained by Plaintiff as set forth herein. Plaintiff will amend his complaint to
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state the names and capacities of DOES 1-50, inclusive, when they have been ascertained.
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and DOES 1-25 acted under the color of law and in the course and scope of their employment with
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AMBROSE and DOES 1-25 exceeded the authority vested in them as police officers under the
Defendant REBECCA BELK (hereinafter BELK) is and was an officer for the
Defendant MICHAEL AMBROSE (hereinafter AMBROSE) is and was an officer for the
Plaintiff continues to be ignorant of the true names and capacities of Defendants, DOES 1-50,
In engaging in the conduct described herein, Defendant police officers BELK, AMBROSE
United States Constitution and as police officers employed by Defendant DEPARTMENT and
FAIRFIELD.
STATEMENT OF FACTS
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parked legally across the street from their home in Fairfield, California. While working in the
capacity as police officers for Defendant DEPARTMENT, Defendants BELK and AMBROSE
detained Plaintiff and the vehicle's occupants without probable cause or reasonable suspicion.
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On June 2, 2014, Plaintiff Jerome Hill, his brother and a female friend were sitting in a car
During the detention, Defendants BELK and AMBROSE confirmed through dispatch that the
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Plaintiff did in fact live across the street and that none of the occupants of the car were on probation
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or parole. Thereafter, Defendant BELK put on her gloves and ordered Plaintiff to exit the car.
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Without any legal cause, she reached into the car and put Plaintiffs left wrist in a wrist lock (causing
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Plaintiff severe pain). She then ordered Plaintiff to place his right hand on the back of his head and to
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get out of the car. He compliedall the while, in pain from Defendant BELKs wrist lock.
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slam him down onto the street pavement. Defendants BELK and AMBROSE then fired their Taser
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guns at Plaintiff deploying electrical current into Plaintiff's body multiple times. Plaintiff was shot by
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Defendants BELK and AMBROSEs Tasers in his left eyeball, back and thigh. While Plaintiff was
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face down on the ground screaming in pain and covering his bleeding left eye, Defendants fired their
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Tasers into Plaintiffs buttocks. Defendant AMBROSE then placed Plaintiff in handcuffs. Seized by
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the electrical current, Plaintiff lay on the asphalt street with blood oozing from his left eye.
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for medical services. Defendants BELK and AMBROSE delayed in calling for medical aid and
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allowed Plaintiff to lie on the streetthe Taser dart still barbed and dangling from his left eyeball and
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bleeding therefrom.
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California. The Taser dart was surgically removed from Plaintiffs left eye. Plaintiffs left eye was
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Once outside of the car, Defendant AMBROSE grabbed Plaintiff by the head and attempted to
While in handcuffs and lying on the street, Plaintiff repeatedly cried out in pain and pleaded
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In addition to the loss of his left eye, Plaintiff suffered multiple injuries due to Defendant
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FAIRFIELD and DOES 26-50, inclusive, breached their duty of care to the public in that they have
failed to discipline Defendants BELK, AMBROSE and DOES 1-25 inclusive, for their respective
misconduct and involvement in the incident described herein. Their failure to discipline Defendants
BELK, AMBROSE and DOES 1-25 inclusive, demonstrates the existence of an entrenched culture,
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policy or practice of promoting, tolerating and/or ratifying with deliberate indifference the making of
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improper detentions and arrests, the use of racial profiling, the use of excessive and/or deadly force
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and the fabrication of official reports to cover up Defendants BELK, AMBROSE and DOES 1-25s
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inclusive, misconduct.
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including, but not limited to, Defendants BELK, AMBROSE and/or DOES 1-25 and/or each of them,
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have individually and/or while acting in concert with one another, engaged in a repeated pattern and
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practice of using excessive, arbitrary and/or unreasonable force against individuals, including, but not
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limited to Plaintiff.
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primarily the minority citizens who live in the City of FairfieldDefendants DEPARTMENT and
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FAIRFIELD has long allowed its citizens, such as the plaintiff to be abused by its police officers,
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including by and Defendant BELK, AMBROSE or DOES 1-25 and/or each of them, individually
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have a history of using excessive force to carry out corrupt schemes and motives. This is evidenced
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by DEPARTMENT police officers having pleaded guilty to obstruction of justice, bribery, and other
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related crimes. Defendants DEPARTMENT and FAIRFIELD have failed to discipline, or retrain any
Defendants DOES 1-25 also were present at the scene and participated in the unreasonable
Plaintiff is informed and believes and therein alleges that Defendants DEPARTMENT,
Plaintiff is informed and believes and therein alleges that members of the DEPARTMENT,
Plaintiff is further informed and believes and therein alleges that as a matter of official
Plaintiff is informed and believes and therein alleges that DEPARTMENT police officers
of the officers who used excessive force for corrupt purposes. Defendants DEPARTMENT and
FAIRFIELDs failure to discipline or retrain any of the involved officers is evidence of an official
policy, entrenched culture and posture of deliberate indifference toward protecting citizens rights
and the resulting false arrests and injuries is a proximate result of the Defendants DEPARTMENT
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FAIRFIELD knew, had reason to know by way of actual or constructive notice of the aforementioned
policy, culture, pattern and/or practice and the complained of conduct and resultant
injuries/violations.
Plaintiff is informed and believes and therein alleges that Defendants DEPARTMENT and
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Defendants BELK, AMBROSE and DOES 1-25. Plaintiff was falsely imprisoned, and mentally and
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Plaintiff sustained serious personal injuries, emotional harm and property damage.
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The assault and battery on Plaintiff described herein was brutal, malicious, and done without
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any just provocation or cause, proximately causing Plaintiffs injuries and resulting damages.
Plaintiff was detained without any just provocation, warrant, or probable cause, by
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DAMAGES
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As a further proximate result of Defendants conduct, Plaintiff suffered severe and extreme emotional
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distress, fear, terror, anxiety, humiliation, and loss of his sense of security, dignity, and pride.
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Plaintiff was mentally and emotionally injured and damaged as a proximate result of this incident.
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oppressive. Plaintiff is therefore entitled to an award of punitive damages against said Defendants.
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under the law. Plaintiff is therefore entitled to an award of all attorneys fees incurred in relation to
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As a proximate result of Defendants conduct, Plaintiff suffered pain and physical injuries.
The conduct of Defendants BELK, AMBROSE and DOES 1-25 were malicious, wanton, and
Plaintiff found it necessary to engage the services of private counsel to vindicate his rights
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this Complaint.
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inclusive, and/or each of them, acted under color of law to deprive plaintiff of certain constitutionally
In doing the acts complained of herein, Defendants BELK, AMBROSE and DOES 1-25,
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The right to be free from unreasonable searches and seizures, as guaranteed by the
Fourth and Fourteenth Amendments to the United States Constitution;
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The right not to be deprived of life or liberty without due process of law, as guaranteed
by the Fifth and Fourteenth Amendments to the United States Constitution;
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The right to be free from the use of excessive force by police officers, which is
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guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the United States
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Constitution;
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The right to equal protection of the laws, as guaranteed by the Fourteenth Amendment
to the United States Constitution; and/or,
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The right to be free from interference within the zone of privacy, as protected by the
Fourth and Ninth Amendments to the United States Constitution;
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this Complaint.
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DEPARTMENT and FAIRFIELD, including high ranking deputy supervisors, such as Defendants
Plaintiff is informed and believes and thereon alleges that high ranking officials of Defendants
DOES 26-50, and/or each of them, knew and/or reasonably should have known about the repeated
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Defendants DEPARTMENT, FAIRFIELD and DOES 26-50, and/or each of them, approved, ratified,
condoned, encouraged and/or tacitly authorized the continuing pattern and practice of misconduct
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indifference, reckless and/or conscious disregard of the misconduct by Defendants DOES 1-25 and/or
each of them, Defendants DEPARTMENT, FAIRFIELD and DOES 26-50, and/or each of them,
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encouraged these officers to continue their course of misconduct, resulting in the violation of the
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officials of Defendants DEPARTMENT, FAIRFIELD, including Defendants DOES 26-50, and each
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of them resulted in the deprivation of Plaintiffs constitutional rights including, but not limited to, the
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following:
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Despite having such notice, Plaintiff is informed and believes and thereon alleges that
Plaintiff is further informed and believes and thereon alleges that as a result of the deliberate
The aforementioned acts and/or omissions and/or deliberate indifference by high ranking
a. The right to be free from unreasonable searches and seizures, as guaranteed by the Fourth
and Fourteenth Amendments to the United States Constitution;
b. The right not to be deprived of life or liberty without due process of law, as guaranteed by
the Fifth and Fourteenth Amendments to the United States Constitution;
c. The right to be free from the use of excessive force by police officers, which is
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guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the United States
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Constitution;
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d. The right to equal protection of the laws, as guaranteed by the Fourteenth Amendment to
the United States Constitution; and/or,
e. The right to be free from interference within the zone of privacy, as protected by the
Fourth and Ninth Amendments to the United States Constitution;
WHEREFORE, Plaintiff prays for relief as hereinafter set forth.
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this Complaint.
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DEPARTMENT, FAIRFIELD and Plaintiff further alleges that the acts and/or omissions alleged in
the Complaint herein are indicative and representative of a repeated course of conduct by members of
the DEPARTMENT tantamount to a custom, policy or repeated practice of condoning and tacitly
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encouraging the abuse of police authority, and disregard for the constitutional rights of citizens.
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alleged herein are the direct and proximate result of the deliberate indifference of Defendants DOES
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26-50, and each of them, to repeated acts of police misconduct which were tacitly authorized,
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encouraged or condoned by the Defendants DEPARTMENT, FAIRFIELD and DOES 26-50, and
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each of them.
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alleged herein were the direct and proximate result of municipal customs and/or policies of deliberate
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Plaintiffs damages and injuries were caused by customs, policies, patterns or practices of Defendants
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DEPARTMENT, FAIRFIELD and DOES 26-50, and each of them, of deliberate indifference in the
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training, supervision and/or discipline of Defendants DOES 1-25 and/or each of them.
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FAIRFIELD and DOES 26-50, and each of them, resulted in the deprivation of Plaintiffs
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Plaintiff is further informed and believes and thereon alleges that the acts and omissions
The injuries and damages to Plaintiff as alleged herein was the foreseeable and proximate
Plaintiff is further informed and believes and thereon alleges that the damages sustained as
Plaintiff is further informed and believes and upon such information and belief alleges that
a. The right to be free from unreasonable searches and seizures, as guaranteed by the Fourth
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by the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution;
d. The right to equal protection of the laws, as guaranteed by the Fourteenth Amendment to
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JURY DEMAND
Plaintiff hereby demands a jury trial in this action.
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PRAYER
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For such other and further relief as the Court deems just and proper.
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Paul L. Alaga
Paul L. Alaga,
Lewis Romero,
Attorneys for Plaintiffs
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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
DEFENDANTS
JEROME HILL
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
DEF
1
Citizen or Subject of a
Foreign Country
Foreign Nation
TORTS
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
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
FORFEITURE/PENALTY
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
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
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
2 Removed from
State Court
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):
42 USC 1983
DEMAND $
25,000,000.00
DOCKET NUMBER
05/28/2015
,;',9,6,21$/$66,*10(17&LYLO/5
(Place an X in One Box Only)
( ) SAN FRANCISCO/OAKLAND
Save As...
( ) SAN JOSE
( ) EUREKA
Reset
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)".
II.
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.)
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 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.
V.
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 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.
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.