Case3:15-cv-04092 Document1 Filed09/09/15 Page1 of 10

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KEKER & VAN NEST LLP

AJAY S. KRISHNAN - # 222476
akrishnan@kvn.com
DAVID W. RIZK - # 284376
drizk@kvn.com
ANJALI SRINIVASAN - # 304413
asrinivasan@kvn.com
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188

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ACLU FOUNDATION OF NORTHERN CALIFORNIA

CHRISTINE P. SUN - # 218701
csun@aclunc.org
NAYNA GUPTA - # 299272
ngupta@aclunc.org
39 Drumm Street
San Francisco, CA 94111
Telephone:
415 621 2493
Facsimile:
415 255 1478

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Attorneys for Plaintiff TRAVIS IAN HALL

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRAVIS IAN HALL,

Case No.

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Plaintiff,

COMPLAINT

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v.
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Demand for Jury Trial

CITY AND COUNTY OF SAN
FRANCISCO; SAN FRANCISCO POLICE
DEPARTMENT; GISELLE TALKOFF;
ANTHONY MONTOYA; JOSHUA
CABILLO; and DOES 1 through 5, in their
individual capacities,
Defendants.

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COMPLAINT
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Plaintiff Travis Ian Hall (Mr. Hall) brings this action against defendants the City and

County of San Francisco (the City); the San Francisco Police Department (SFPD); SFPD

Sergeant Anthony Montoya (Sergeant Montoya); and SFPD Officers Giselle Talkoff (Officer

Talkoff), Joshua Cabillo (Officer Cabillo), and SFPD Officer Does 15 (Does 15)

(collectively Defendants), and alleges as follows:

I.

INTRODUCTION
1.

This is a civil rights case challenging a persistent and intractable problem that

plagues SFPD and police departments throughout our nation: the profiling of and use of excessive

force against Black people. Plaintiff Travis Hall is a 23-year-old African-American graphic

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designer and San Francisco native, who was completing his final semester of college at the time

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of the incident in question. On the night of April 10, 2015, Mr. Hall was in a parked car, with his

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friends, being dropped off at home, when undercover SFPD officers pulled up behind them and

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began aggressively and unjustifiably questioning Mr. Hall and his friends. Although Mr. Hall and

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his friends repeatedly asked for some explanation for the stop and detention since they had done

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nothing wrong, the officers refused to provide any legitimate explanation for their actions and

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ultimately dragged Mr. Hall from the car and beat him when he tried to call his mother for help.

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The officers then arrested Mr. Hall for pretextual reasons, and as a result, he was forced to spend

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the night in a jail cell based on charges manufactured to cover up the officers unlawful acts. The

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charges were quickly dropped by the District Attorneys office.

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2.

As a consequence of Defendants actions, Mr. Hall suffered a concussion, swelling

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and bruising on the back of his neck, bruising and cuts all over his body, and lasting

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psychological and emotional trauma. He was treated by his family physician immediately upon

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being released. To this day, Mr. Hall continues to receive treatment for the emotional harm he

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suffered as a result of the unlawful detention and assault.

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3.

Unfortunately, Mr. Halls experience exemplifies that of all too many Black men

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here in San Francisco. Indeed, concerns about the gross racial disparities in arrests of Black

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people have plagued SFPD for years and have yet to be abated. A recent study commissioned by

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the San Francisco Reentry Council verifies that racial profiling by the SFPD continues to be a
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serious problem. Using data gathered from all arrests by the SFPD in 2013, the study found

among other disturbing trendsthat a Black adult in San Francisco was seven times more likely

to be arrested by SFPD than a White adult, and 11 times more likely to be booked into jail.

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With this lawsuit, Mr. Hall seeks to vindicate his rights, and recover for his loss of

personal liberty, as well as for the physical, emotional, and dignitary injuries Defendants caused

him.

II.

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PARTIES
5.

Plaintiff Travis Hall is, and at all relevant times was, a resident of the State of

California, and a resident of the City and County of San Francisco, California.
6.

Defendant Officer Giselle Talkoff, sued here in her individual capacity is, and at

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all relevant times was, a resident of the State of California, and an Officer of SFPD. All actions

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taken by Officer Talkoff described herein were taken while acting in the course and scope of her

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employment, and under color of state law.

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7.

Defendant Sergeant Anthony Montoya, sued here in his individual capacity is, and

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at all relevant times was, a resident of the State of California, and a Sergeant of SFPD. All

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actions taken by Sergeant Montoya described herein were taken while acting in the course and

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scope of his employment, and under color of state law.

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8.

Defendant Officer Joshua Cabillo, sued here in his individual capacity is, and at all

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relevant times was, a resident of the State of California, and Officer of SFPD. All actions taken

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by Officer Cabillo described herein were taken while acting in the course and scope of his

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employment, and under color of state law.

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9.

Defendant SFPD is a local government law enforcement agency and is responsible

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for the training, maintenance, control, and supervision of its employees, and for establishing the

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policies, procedures, and customs by which its employees conduct their official duties.

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10.

Defendant City and County of San Francisco is a charter city and county organized

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under the laws of the State of California and is responsible for the training, maintenance, control,

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and supervision of the SFPD and for establishing the policies, procedures, and customs by which

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its employees conduct their official duties.

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On information and belief, Does 15 are residents of the State of California and

are officers or employees of SFPD or some other law enforcement agency. Does 15 were at all

times relevant acting in the course and scope of their employment, and under color of state law.

On information and belief, each of Does 15 participated in the stop, search, detention, and

assault of Mr. Hall and caused his injuries. In due course, Mr. Hall will amend this Complaint to

identify these Defendants true names when they have been ascertained.

III.

JURISDICTION, VENUE AND INTRADISTRICT ASSIGNMENT

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This case is brought pursuant to 42 U.S.C. 1983. The United States District

Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1343. The Court has

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supplemental jurisdiction over the state law claims in this Complaint pursuant to 28 U.S.C.

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1367.

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Pursuant to California Government Code 910, Mr. Hall has served notice of his

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claims on the governing board of the City and County of San Francisco, and the San Francisco

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Police Department.

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All events giving rise to the claims alleged in this Complaint occurred in the City

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and County of San Francisco, California. Venue therefore lies in the United States District Court

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for the Northern District of California pursuant to 28 U.S.C. 84(a) and 1391(b)(2).

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15.

This action is properly assigned to the San Francisco or Oakland Division of the

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United States District Court for the Northern District of California pursuant to Civil Local Rule

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3-2(c), as all events giving rise to the claims alleged in this Complaint arose in the City and

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County of San Francisco.

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IV.

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GENERAL ALLEGATIONS
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On the evening of April 10, 2015, Mr. Hall, and his friends Jamil and Jovan, and

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Jamils girlfriend, Rachelle, were returning home from music practice. Mr. Hall and Jamil and

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Jovan are Black. Rachelle is White, and was driving. Mr. Hall sat in the rear passenger-side seat

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of the car.

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Mr. Hall grew up at 95 McCoppin Street, in the South of Market neighborhood,

and was living there with his mother while he took classes at the University of San Francisco
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toward his final semester of college. Mr. Hall graduated from Fordham University in May with a

degree in Fine Arts with a concentration in graphic design.

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When they arrived at Mr. Halls home on McCoppin Street, Rachelle pulled over

to let Mr. Hall out. As he prepared to exit the car to unload some music equipment, an unmarked

vehicle pulled up behind their car. In the vehicle were the Defendants. Defendants did not flash

police lights or a siren.

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Defendants then quickly exited their vehicle and approached Mr. Hall and his

friends as they sat inside their car. From behind, the officers directed their flashlights at the

interior of the car, obscuring the occupants view of them. Defendants ordered everyone to stay

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in the car.

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Mr. Hall was scared and confused by Defendants hostile actions towards him and

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his friends. Mr. Hall followed the Defendants order to remain in the car, and at no time felt free

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to leave or otherwise terminate the encounter with Defendants.

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Defendants began to aggressively question Mr. Hall and his friends about their

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activities that evening. Mr. Hall and his friends repeatedly asked why they were being detained,

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but Defendants did not respond.

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Deeply concerned and fearful for his safety, Mr. Hall tried to call his mother, Ms.

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Leigh Stackpole, on his cellphone. Ms. Stackpole is White, and Mr. Hall believed that the

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Defendants would behave more respectfully and reasonably if she came downstairs, and that they

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would understand that he lives there.

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As Mr. Hall attempted to call his mother, he told the officers that he was scared

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and was calling his mom. Officer Talkoff then seized Mr. Hall and pulled him from the car.

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Together with Sergeant Montoya, Officer Talkoff violently threw Mr. Hall to the ground, causing

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him to hit his head on the concrete curb. Approximately around this time, additional unidentified

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SFPD officers arrived at the scene.

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Defendants jerked Mr. Hall off the ground and then slammed him back down to

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the ground with excessive force multiple times. Defendants punched him, twisted his arm, and

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threatened to break his arm in addition to other threats against him. Defendants caused Mr. Hall
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numerous injuries to his head, face, neck, and body.

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In the course of restraining and attacking Mr. Hall, Defendants also needlessly

pulled his pants down, causing him severe embarrassment. Defendants also searched Mr. Halls

person and backpack.

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Defendants reaction to Mr. Halls attempt to call his mother was unreasonable

given the circumstances and likely driven by an implicit bias against Black men and stereotypes

about their predilections for violent behavior.

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During the unlawful detention, assault, and search, Mr. Hall and his friends

repeatedly asked Defendants to explain the reason for the stop. One Defendant officer suggested,

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troublingly, that Mr. Hall was attacked and arrested in light of the Arabic writing on his

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sweatpants.

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After the incident, another Defendant officer told Mr. Halls mother that Mr. Hall

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and his friends had been stopped for failing to signal as they pulled over to parkcontrary to

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SFPD policy, which forbids plainclothes officers from conducting traffic stops.

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Defendants did not have the requisite reasonable suspicion or probable cause that

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Mr. Hall or any of his friends were involved in any criminal activity to justify their search and

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seizure.

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30.

After the attack, the officers hauled Mr. Hall off the ground and into the back of

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the police car and transported him to the Mission District Police Station, where he was booked on

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pre-textual and trumped up charges that were dropped shortly thereafter by the San Francisco

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District Attorney. Mr. Hall was unlawfully held against his will at the Mission District Police

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Station late into the night, then was transferred to another custodial facility, and eventually

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released, many hours later, the next morning.

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As a direct result of the unlawful attack, Mr. Halls suffered significant physical

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injuries to his head, face, neck, and body. He sought and received treatment from his personal

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physician immediately upon being released the next day. Mr. Hall also suffered headaches for

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weeks and his injuries almost jeopardized his academic career and graduation, causing him severe

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emotional distress and anxiety. Mr. Hall continues to receive treatment for the emotional harm
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caused by Defendants.

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As a result of Defendants unlawful conduct, Mr. Hall suffered physical injuries,

extreme emotional distress and trauma, deprivation of his personal liberty, and other violations of

his legal rights.

V.

CLAIMS AND RELIEF

FIRST CAUSE OF ACTION

Violation of 42 U.S.C. 1983 Use of Excessive Force in Violation of the
Fourth Amendment of the United States Constitution
(Against Defendants Talkoff, Cabillo, Montoya, and Does 15)

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Mr. Hall incorporates by reference all preceding paragraphs.

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34.

Officers Talkoff and Cabillo, Sergeant Montoya, and Does 15 used excessive

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force in stopping, searching, arresting, and detaining Mr. Hall.

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Officers Talkoff and Cabillo, Sergeant Montoya and Does 15 acted intentionally,

willfully, maliciously, in bad faith, and in reckless disregard of Mr. Halls rights.
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As a direct and proximate result of the aforesaid conduct of Officers Talkoff and

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Cabillo, Sergeant Montoya and Does 15, Mr. Halls Fourth Amendment rights were violated and

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he was emotionally and physically harmed.

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These actions constitute an excessive use of force in violation of the Fourth

Amendment of the United States Constitution and 42 U.S.C. 1983.

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Accordingly, Mr. Hall seeks damages pursuant to 42 U.S.C. 1983, in an amount

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to be proven at trial, in addition to punitive damages against Officers Talkoff and Cabillo,

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Sergeant Montoya, and Does 15, as well as attorneys fees and costs pursuant to 42 U.S.C.

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1988.

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SECOND CAUSE OF ACTION

Violation of 42 U.S.C. 1983 Unreasonable Search and Seizure and Unlawful
Arrest in Violation of the Fourth Amendment of the United States Constitution
(Against Defendants Talkoff, Cabillo, Montoya, and Does 15)
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Mr. Hall incorporates by reference all preceding paragraphs.

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Officers Talkoff and Cabillo, Sergeant Montoya, and Does 15 stopped, searched,

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arrested, and detained Mr. Hall, and searched his backpack, without reasonable suspicion, a
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warrant, or probable cause.
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Officers Talkoff and Cabillo, Sergeant Montoya, and Does 15 acted intentionally,

willfully, maliciously, in bad faith, and in reckless disregard of Mr. Halls rights.

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As a direct and proximate result of the aforesaid conduct of Officers Talkoff and

Cabillo, Sergeant Montoya, and Does 15, Mr. Halls Fourth Amendment rights were violated

and he was emotionally and physically harmed and deprived of his freedom.

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Fourth Amendment of the United States Constitution and 42 U.S.C. 1983.

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These actions constitute an unreasonable search and seizure in violation of the

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Accordingly, Mr. Hall seeks damages pursuant to 42 U.S.C. 1983, in an amount

to be proven at trial, in addition to punitive damages against Officers Talkoff and Cabillo,

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Sergeant Montoya, and Does 15, as well as attorneys fees and costs pursuant to 42 U.S.C.

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1988.

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THIRD CAUSE OF ACTION

Violation of California Civil Code 52.1 (Bane Act)
(Against All Defendants)

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Mr. Hall incorporates by reference all preceding paragraphs.

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46.

Officers Talkoff and Cabillo, Sergeant Montoya, and Does 15 interfered with Mr.

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Halls rights under the Constitution and laws of the United States, by threatening, intimidating,
and committing violent acts against Mr. Hall in the course of in detaining, attacking, and arresting
him.

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47.

Mr. Hall reasonably believed that if he exercised his statutory or constitutional

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rights, Officers Talkoff and Cabillo, Sergeant Montoya, and Does 15 would in fact commit

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violence against him.

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48.

The conduct of Officers Talkoff and Cabillo, Sergeant Montoya, and Does 15

caused Mr. Hall emotional and physical harm.

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49.

Officers Talkoff and Cabillo, Sergeant Montoya, and Does 15 acted intentionally,

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deliberately, spitefully, willfully, maliciously, in bad faith, and in reckless disregard of Mr. Halls

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rights.

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50.

Defendants above-described conduct interfered with plaintiffs exercise and

enjoyment of rights secured by the Constitutions and laws of the United States and the State of
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California, in violation of California Civil Code 52.1.

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The City and SFPD are derivatively liable for such violation of California Civil

Code 52.1(b) pursuant to California Government Code 815.2.

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Accordingly, Mr. Hall seeks compensatory (actual) and exemplary damages,

penalties, and injunctive relief, pursuant to California Civil Code 52.1(b) and 52, in an amount

to be proven at trial, as well as attorneys fees and costs and California Civil Code 52.1(h),

against Officers Talkoff and Cabillo, Sergeant Montoya, Does 15, the City, and SFPD.

FOURTH CAUSE OF ACTION

False Arrest and False Imprisonment
(Against All Defendants)

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53.

Mr. Hall hereby incorporates by reference all preceding paragraphs.

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54.

By the use of threats, duress, and actual force, Officers Talkoff and Cabillo,

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Sergeant Montoya, and Does 15 intentionally confined Mr. Hall without his consent for an

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appreciable length of time, without any lawful privilege or legal process. Mr. Hall was conscious

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of such confinement and the confinement was not otherwise privileged.

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As a direct and proximate result of the conduct of Officers Talkoff and Cabillo,

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Sergeant Montoya, and Does 15, Mr. Halls legal rights were violated and he suffered emotional

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and physical harm.

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These actions constitute false arrest and false imprisonment.

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The City and SFPD are derivatively liable for such false and arrest and

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imprisonment pursuant to California Government Code 815.2.

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Accordingly, Mr. Hall seeks nominal, compensatory, and punitive damages

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pursuant to California Civil Code 3294, 3333, and 3360, in an amount to be proven at trial,

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against all Defendants, as well as attorneys fees and costs, pursuant to California Civil Code

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1021.

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PRAYER FOR RELIEF

Wherefore, Mr. Hall respectfully requests the Court enter judgment in his favor against all
Defendants for:
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Compensatory (actual) damages, in an amount to be proven at trial;

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Punitive (exemplary) damages;

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Statutory damages pursuant to California Civil Code 52.1(b) and 52;

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Nominal damages;

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Attorneys fees and costs; and any other relief as the Court determines just and
appropriate.

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JURY DEMAND
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Mr. Hall hereby demands a jury trial as to all issues triable before a jury.

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Dated: September 9, 2015

KEKER & VAN NEST LLP

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By:

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/s/ Ajay S. Krishnan

AJAY S. KRISHNAN
DAVID W. RIZK
ANJALI SRINIVASAN
CHRISTINE P. SUN
NAYNA GUPTA
ACLU OF NORTHERN CALIFORNIA
39 Drumm Street
San Francisco, CA 94111
Telephone:
415 621 2493
Facsimile:
415 255 1478

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Attorneys for Plaintiff TRAVIS IAN HALL

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