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Case3:15-cv-02380 Document1 Filed05/28/15 Page1 of 9

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LEWIS ROMERO, CASBN 197231


PAUL ALAGA, CASBN 221165
885 Bryant Street, Suite 202
San Francisco, California 94103
415-581-0885 Tel.
415-581-0887 Fax.
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEROME HILL

Case No. 15-cv-2380


Plaintiff,

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vs.

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COMPLAINT FOR PERSONAL INJURIES


AND DAMAGES FOR VIOLATION OF
CIVIL RIGHTS.

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FAIRFIELD POLICE DEPARTMENT; CITY


OF FAIRFIELD, a municipal corporation;
REBECCA BELK, individually and as a Police
Officer for the CITY OF FAIRFIELD;
MICHAEL AMBROSE, individually and as a
Police Officer for the CITY OF FAIRFIELD;
and DOES 1-50,

JURY TRIAL DEMANDED

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Defendants.

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JURISDICTION

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1.

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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this judicial district.

Complaint for Violations of Civil RightsHill v. Fairfield Police Department et al.


Case Number 15-cv-2380

Case3:15-cv-02380 Document1 Filed05/28/15 Page2 of 9

PARTIES

2.

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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organized and existing under the laws of the State of California.

4.

Defendant City of Fairfield (hereinafter FAIRFIELD) is a municipal corporation, duly

The defendant Fairfield Police Department (hereinafter DEPARTMENT) is a municipal

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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 operates under the authority of Defendant FAIRFIELD.

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5.

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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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officer for the DEPARTMENT.

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6.

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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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police officer for the DEPARTMENT.

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7.

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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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8.

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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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Defendant DEPARTMENT. In engaging in the conduct described herein, Defendants BELK,

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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

Complaint for Violations of Civil RightsHill v. Fairfield Police Department et al.


Case Number 15-cv-2380

Case3:15-cv-02380 Document1 Filed05/28/15 Page3 of 9

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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also removed as it was pulverized by the barbed Taser electrode.

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

Eventually an ambulance arrived and took Plaintiff to an Emergency Room in Fairfield,

Complaint for Violations of Civil RightsHill v. Fairfield Police Department et al.


Case Number 15-cv-2380

Case3:15-cv-02380 Document1 Filed05/28/15 Page4 of 9

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In addition to the loss of his left eye, Plaintiff suffered multiple injuries due to Defendant

BELK and AMBOSEs conduct.

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and unlawful detention of Plaintiff.

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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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policyrooted in an entrenched posture of deliberate indifference to the constitutional rights of

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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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and/or while acting in concert with one another.

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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

Complaint for Violations of Civil RightsHill v. Fairfield Police Department et al.


Case Number 15-cv-2380

Case3:15-cv-02380 Document1 Filed05/28/15 Page5 of 9

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

and FAIRFIELDs failure to properly supervise its Police Officers.

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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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emotionally injured and damaged as a proximate result of this incident.

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Plaintiff sustained serious personal injuries, emotional harm and property damage.

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23.

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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this action for violation of their civil rights.

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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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Complaint for Violations of Civil RightsHill v. Fairfield Police Department et al.


Case Number 15-cv-2380

Case3:15-cv-02380 Document1 Filed05/28/15 Page6 of 9

FIRST CAUSE OF ACTION

(42 U.S.C. 1983)

(Against Defendant Officers BELK, AMBROSE and DOES 1-25)

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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

protected rights, including, but not limited to:

Plaintiff hereby re-alleges and incorporates by reference herein paragraphs 1 through 26 of

In doing the acts complained of herein, Defendants BELK, AMBROSE and DOES 1-25,

a.

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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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b.

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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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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;
d.

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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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e.

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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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WHEREFORE, Plaintiff prays for relief as hereinafter set forth.

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SECOND CAUSE OF ACTION

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(42 U.S.C. 1983)

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(Against Defendants DEPARTMENT, FAIRFIELD and DOES 26-50)

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29.

Plaintiff hereby re-alleges and incorporates by reference herein paragraphs 1 through 28 of

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this Complaint.

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30.

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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

Complaint for Violations of Civil RightsHill v. Fairfield Police Department et al.


Case Number 15-cv-2380

Case3:15-cv-02380 Document1 Filed05/28/15 Page7 of 9

DOES 26-50, and/or each of them, knew and/or reasonably should have known about the repeated

acts of misconduct by Defendants DOES 1-25, and/or each of them.

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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

and/or civil rights violations by said Defendants DOES 1-25.

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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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Plaintiffs rights as alleged herein.

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33.

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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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Complaint for Violations of Civil RightsHill v. Fairfield Police Department et al.


Case Number 15-cv-2380

Case3:15-cv-02380 Document1 Filed05/28/15 Page8 of 9

THIRD CAUSE OF ACTION

(42 U.S.C. 1983)

(Against Defendants DEPARTMENT, FAIRFIELD and DOES 26-50)

34.

Plaintiff hereby re-alleges and incorporates by reference herein paragraphs 1 through 33 of

this Complaint.

35.

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

As against Defendants DOES 26-50 in their capacity as policy-makers for Defendants

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encouraging the abuse of police authority, and disregard for the constitutional rights of citizens.

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36.

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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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37.

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result of said customs, policies, patterns and/or practices of Defendants DEPARTMENT,

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FAIRFIELD and DOES 26-50, and each of them.

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38.

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alleged herein were the direct and proximate result of municipal customs and/or policies of deliberate

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indifference in the training, supervision and/or discipline of members of the DEPARTMENT.

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39.

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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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40.

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FAIRFIELD and DOES 26-50, and each of them, resulted in the deprivation of Plaintiffs

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constitutional rights including, but not limited to, the following:

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

The aforementioned customs, policies or practices of Defendants DEPARTMENT,

Complaint for Violations of Civil RightsHill v. Fairfield Police Department et al.


Case Number 15-cv-2380

Case3:15-cv-02380 Document1 Filed05/28/15 Page9 of 9

a. The right to be free from unreasonable searches and seizures, as guaranteed by the Fourth

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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

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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 guaranteed

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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the United States Constitution; and/or,


e. The right to be free from interference within the zone of privacy, as protected by the

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Fourth and Ninth Amendments to the United States Constitution.


WHEREFORE, Plaintiff prays for relief as hereinafter set forth.

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JURY DEMAND
Plaintiff hereby demands a jury trial in this action.

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PRAYER

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WHEREFORE, Plaintiff JEROME HILL prays for relief, as follows:

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1.

For general damages in a sum of 25,000,000.00;

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2.

For special damages in a sum according to proof;

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3.

For punitive damages in a sum according to proof;

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4.

For reasonable attorneys fees pursuant to 42 U.S.C. Section 1988;

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5.

For cost of suit herein incurred; and

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6.

For such other and further relief as the Court deems just and proper.

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Dated: May 28, 2015

Paul L. Alaga
Paul L. Alaga,
Lewis Romero,
Attorneys for Plaintiffs

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Complaint for Violations of Civil RightsHill v. Fairfield Police Department et al.


Case Number 15-cv-2380

JS 44 (Rev. 12/12) cand rev (1/15/13)

Case3:15-cv-02380 Document1-1 Filed05/28/15 Page1 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

DEFENDANTS

JEROME HILL

Fairfield Police Department; City of Fairfield, a municipal corporation;


Rebecca Belk; Michael Ambrose, Does 1-50

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

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

Attorneys (If Known)

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


1

U.S. Government
Plaintiff

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

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

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

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


CONTRACT

(For Diversity Cases Only)


PTF
Citizen of This State
1

DEF
1

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

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

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

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

625 Drug Related Seizure


of Property 21 USC 881
690 Other

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

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))

FEDERAL TAX SUITS


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

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

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

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

VI. CAUSE OF ACTION Brief description of cause:

Violation of Fourth Amendment

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

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:

DEMAND $

25,000,000.00

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

05/28/2015
,;',9,6,21$/$66,*10(17 &LYLO/5
(Place an X in One Box Only)

Print

( ) SAN FRANCISCO/OAKLAND

Save As...

( ) SAN JOSE

( ) EUREKA

Reset

JS 44 Reverse (Rev. 12/12)

Case3:15-cv-02380 Document1-1 Filed05/28/15 Page2 of 2

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)
(b)
(c)

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.

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.

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.

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