Professional Documents
Culture Documents
Nataniel Hanson,
vs.
NOTICE OF REMOVAL
TO:
The Clerk of the United States District Court, District of Minnesota, Minneapolis,
Minnesota.
PLEASE TAKE NOTICE that on November 24, 2015, undersigned counsel for
Defendants City of Richfield, Dustin Schwarze, Nate Kinsey and Aric Gallatin removed
the above-captioned action from the District Court of Hennepin County, Fourth Judicial
District, Minnesota, to the United States District Court for the District of Minnesota,
Minneapolis, Minnesota. Removal is proper on the following grounds:
1.
Defendants City of Richfield, Dustin Schwarze, Nate Kinsey and Aric Gallatin in the
District Court, Fourth Judicial District, County of Hennepin, State of Minnesota, by
service of a Summons and Complaint upon one of the named Defendants. This is the
only process, pleadings or orders which have been served upon Defendants to date in the
Hennepin County District Court action. A copy of the Summons and Complaint is
attached hereto as Exhibit A. Defendants City of Richfield, Dustin Schwarze, Nate
Kinsey and Aric Gallatin are the only Defendants named in the above-entitled civil
action.
2.
Court has original jurisdiction under the provisions of 28 U.S.C. 1331, in that it is a
civil action arising under the laws of the United States and involves a federal question,
as Plaintiff alleges in his complaint violations of Federal Constitution-False Arrest, 42
U.S.C. 1983 (Count I); and Federal Constitution-Excessive Force, 42 U.S.C. 1983
(Count II). As such, this action may be removed to this Court by Defendants pursuant
to the provisions of 28 U.S.C. 1331 and 1441.
3.
This Notice of Removal is filed within 30 days after the first named
Defendant was served with the Summons and Complaint as required by 28 U.S.C.
1446.
s/ Daniel P. Kurtz
Daniel P. Kurtz (#387858)
LEAGUE OF MINNESOTA CITIES
145 University Avenue West
St. Paul, MN 55103-2044
Telephone: (651) 281-1276
Facsimile: (651) 281-1298
Email: dkurtz@lmc.org
Attorneys for Defendants
DISTRICT COURT
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Nataniel Hanson,
Plaintiff,
TO:
City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Dustin Schwarze
Address unknown
Nate Kinsey
Address unknown
Aric Gallatin
Address unknown
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against
you. The Plaintiff's Complaint against you is attached to this summons. DoYou
not
throw these
papers
away.
They
that
must respond to this lawsuit even though it may not yet be filed with the Court
and there may be no court file number on this summons.
You must give or mail to the person who signed this summons a
written response called an Answer within 20 days of the date on which you
received this Summons. You must send a copy of your Answer to the person
who signed this summons to the address below.
should
not
be
given
everything
asked
the Complaint,
you must
EXHIBIT A
asked
for in the
complaint.
want to contest the claims stated in the complaint, you do not need to respond.
A default judgment can then be entered against you for the relief requested in
the complaint.
5. LEGAL
ASSISTANCE. You
may
wish
to
get
legal
help
from
lawyer.
If
you do not have a lawyer, the Court Administrator may have information about
places
get
legal
assistance.
you must still provide a written Answer to protect your rights or you may
lose the case.
6.
RESOLUTION.
ALTERNATIVE DISPUTE
of
Rules
the Minnesota General
of
Practice.
written response to the Complaint even if you expect to use alternative means
of resolving this dispute.
DISTRICT COURT
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Nataniel Hanson,
Plaintiff,
COMPLAINT
vs.
City
of
THE PARTIES
1.
2.
adults who at all times relevant to the allegations set forth in this Complaint
were acting under color of state law in their capacities as law enforcement
officers
employed
by
the
City
of
Richfield, Minnesota.
3.
Minnesota.
times
relevant
to this
action.
conduct
liability
of
and pursuant
to Minn. Stat.
Defendants Schwarze,
Kinsey,
and
Gallatin.
Richfield is the
Richfield has
established
and
implemented,
or
delegated the
being
sued
directly
seizures and
pursuant
the
use of
to Monell
v.
force.
1978).
4.
1988.
U. S. C.
1983
pursuant
County,
and
Minnesota
pursuant
et
seq.
et
5.
at or around
2: 27
a. m.,
Plaintiff was a
7.
8.
vehicle that if they exited the vehicle, he would " beat the shit out of them.
9.
Taser at Plaintiff.
10.
11.
so Plaintiff did not know whether Sergeant Steen was ordering him to exit or
daring him to exit and have Officer Schwarze Taser or " beat the shit out of
him.
12.
13.
14.
Plaintiff was prone on the ground and his hands were above his
15.
head.
more times.
16.
Officer Schwarze removed the cartridge from his Taser, held the
left leg.
19.
When the cartridge is removed, the Taser may be operated in " drive stun"
mode and used as
a pain compliance
tool.
electrical probes are applied directly to the person, causing incapacitating pain.
3
I
i
21.
Plaintiff was arrested for, but not convicted of, felony fourth degree
22.
Jail.
COUNT I
DEPRIVATION OF CIVIL RIGHTS IN VIOLATION OF 42 U. S. C.
1983 AND
23.
without a warrant.
25.
supported
by
probable cause."
Borgman v. Kedley,
27.
1983 AND
28.
29.
Plaintiff.
30.
32.
force.
that the Fourth Amendment guarantees the right to be free from unreasonable
seizures, which includes the right to be free from excessive force by police
officers.
33.
they witnessed one or more other officers using excessive force against Plaintiff.
34.
by
1983);
36.
37.
1.
an amount
including litigation
2.
3.
1983;
4.
punitive damages with respect to his claims under federal law, the
exact amount to be proven at trial;
S.
6.
including
attorney
and expert
fees,
pursuant
to 42 U. S. C.
1988;
7.
8.
Grant any other relief the Court deems just and equitable.
fees,
and witness
under
jwilliams@jrwilliamslaw.com
2836 Lyndale Avenue S, Suite 160
Minneapolis, Minnesota 55408
612) 486- 5540
STATE OF MINNESOTA
COUNTY OF HENNEPIN
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Case Type: Civil Rights
Court File No.
Nataniel Hanson,
Plaintif,
VS
Defendant.
TO:
PLEASE TAKE NOTICE that aNotice of Removal of the above-entitled action from the
District Court of Hennepin County, Minnesota, Fourth Judicial District, to the United States
District Court for the District of Minnesota (a copy of the Notice is annexed hereto) was duly
filed on November 24,2015, with the Clerk of the United States District Court for the District of
Minnesota. All further proceedings with respect to this action shall be before said Court.
Dated:
l/ - 9 -aat
Kurtz (# 878s8)
145 University Avenue V/est
St. Paul, MN 55103-2044
65r.281.1241
Attorney for Defendants
EXHIBIT B
Nataniel Hanson,
Plaintiffs,
NOTICE OF REMOVAL
VS.
TO
The Clerk of the United States District Court, District of Minnesota, Minneapolis,
Minnesota.
District, Minnesota, to the United States District Court for the District of Minnesota,
Minneapolis, Minnesota. Removal is proper on the following grounds:
1
Defendants City of Richfield, Dustin Schwarze, Nate Kinsey and Aric Gallatin in the
only process, pleadings or orders which have been served upon Defendants to date in the
Hennepin County District Court action. A copy of the Summons and Complaint is
attached hereto as Exhibit
Kinsey and Aric Gallatin are the only Defendants named in the above-entitled civil
action
2.
Court has original jurisdiction under the provisions of 28 U.S.C. $ 1,331, in that it is
civil action arising under the laws of the United States and involves a federal question,
as
U.S.C. $ 1983 (Count I); and Federal Constitution-Excessive Force, 42 U.S.C. S 1983
(Count
II).
3.
This Notice of Removal is filed within 30 days after the first named
Defendant was served with the Summons and Complaint as required by 28 U.S.C
$l
446.
s/ Daniel P. Kurtz
Daniel P. Kurtz (#387858)
DISTRICT COURT
STATE OF MINNESOTA
Nataniel Hanson,
Plaintiff,
VS
TO
City of Richfield
67OO Portland Avenue
Richfietd, MN 55423
Dustin Schwarze
Address unknown
Nate KinseY
Address unknown
Aric Gallatin
Address unknown
t.'YoUAREBEINGSUED'ThePlaintiffhasstartedalawsuitagainst
-o^pt^irt against you is attached to this summons' Do not
you. The plaintiff,s
papers that affect your rights' You
throw these papers away. They tr" otri"iul may not yet be filed with the court
it
must respond to this lawsuit even thougrr
this summons'
on
number
and ther may be no court file
TO PROTECT YOUR
2. YOU MUST REPLY WITHIN 20 DAYS
who signed this summons a
RIGHT*. vu.,, ,,'rrut give or mail to the person
writtenfesponsecalledanAnswerwithin20daysofthedateonwhichyou
receivedthisSummons'YoumustsendacopyofyourAnswertotheperson
below'
who signed this summons to the address
S.YoUMUSTRESPoNDToEACHCLAIM.TheAnswerisyourwritten
responsetothePlaintiffsComplaint.InyourAnsweryoumuststatewhether
youagreeordisagreewithea"hpu,ao"onof-theComplaint'Ifyoubelievet}re
sked for in the Complaint' you must
plaintiff should not be given
",rrty,ftlg
EXHIBIT A
4.YoUWILLLoSEYOURcAsEIFYoUDoNoTSENDAWRITTEN
REsPoNsEToTHECOMPLAINTToTHEPERSoNwHoSIGNEDTHIS
sUMMoNs'IfyoudonotAnswerwithin20days,youwilllosethiscase.You
may decide against you
will not get to teli your side of the story, and the Court
complaint' If you do not
and award the Plaintiff everything askld for in the
placeswhereyo,,"..'gerlegalassistance.Evenifyoucannotgetlegalhelp'
your rights of you may
you must still provid a *iittett Answer to protect
lose the case'
6.ALTERNATrVEDISPUTERESoLUTION.Thepartiesmayagreetoor
dispute resolution process under
be ordered to participate in an alternative
You must still send your
Rule 114 of the Minesota General Rules of Practice'
writtenresponsetotheComplaintevenifyouexpecttousealternativemeans
of resolving this disPute'
,1l,y
Dated: November 3, 2015
STATE OF MINNESOTA
ISTRICT COURT
COUNTY OF HENNtrPTN
Civil File
Nataniel Hanson,
No.
Plaintiff,
COMPLAINT
VS
THE PARTIPS
l.PiaintiffisanadultmalewhoresidesinMinnesota'
2.DefendantsDustinSchwarze,NateKinsey,andAricGallatinare
in this complaint
adults who at all times relevant to the allegations set forth
as law enforcement
were acting under color of state law in their capacities
Plaintiff is suing them in
officers employed by the city of Richfield, Minnesota'
3.
of the state of
Defendant city of Richfield is a political subdivision
of respondeat superior or
and also, on a1 relevant claims, On the theories
vicariousliabilityandpursuanttoMinn'Stat'$466'O2fortheunlawful
conductofDefendantsSchwarze,Kinsey,andGallatin'Richfietdisthe
political subdivision charged with training and supervising
1aw enforcement
officers.Richfieldhasestablishedandimplemented,ordelegatedthe
4.
U.S.C, SS i983 and 1988. This Court has jurisdiction over this matter
5.
6.
Z.
8.
vehicle that if they exited the vehicie, he would "beat the shit out of' them'
Taser at Plaintiff.
10.
1.
daring him to exit and have Officer Schwarze Taser or "beat the shit out of'
him.
72.
13,
14.
Piaintiff was prone on the ground and his hands were above his
15.
head,
more times.
76.
Officer Schwarze removed the cartridge from his Taser, held the
17,
18.
left leg.
1g.
20.
When the cartridge is removed, the Taser may be operated in "drive stun"
mode and used as pain compliance tool. In drive stun mode, the Taser's
electrical probes are pplied directly to the person, causing incapacitating pain
1
.)
2I.
Plaintiff was arrested for, but not convicted of, felony fourth degree
22. Plaintiff
Jail,
CO-UNT I
DEPRTVATION OF CrvIL RIGHTS IN VTOLATION O 42 U.S.C. S 1983 AND
TH FOURTH AND FOURTEENTH AI/IENDMENTS. FALSE ARREST
23.
24.
without a warrant.
25.
26.
couNLII
DpRrvATroN oF cIVru RIGHTS IN VIOLATION OF 42 U.S.C. S 1983
THE FOURTH AND FOURTEENTH AMENDMENTS
28.
AND
EXCESSIVE FORCE
29.
Plaintiff.
30.
31,
32.
force,
that the Fourth Amendment ggarantees the right to be free from unreasonable
seizures, which includes the right to be free from excessive force by police
officers,
33,
they witnessed one or more other officers using excessive force against Plaintiff
94.
by one or more other officers, Webb u. Higkel, T13 F.2d 405, 408 (8th Cir.
1983); Putman u. Gerloff,639 F,2d
1981).
'
35.
36,
37.
Plaintiff demands
jury trial'
trial;
2
u.s,c. s i9B3;
.)
Grant Plaintiff
al1
Grant any other relief the Court deems just and equitable.
;l\*
\
'F
Hanson v. Richfield
STATE OF MINNESOTA
)
ss.
COUNTY OF RAMSEY
Linda J. Durrence, being first duly sworn on oath, deposes and says that on November
24, 2015, she served the following:
1.
by depositing a copy of said documents in an envelope, postage prepaid, at St. Paul, Minnesota,
addressed as follows:
Tim M. Phillips
Joshua R. Williams
K_
Subscribed and sworn to before me
this
24th
Notary Publ.
ESLEY R. BROWN
r Notary Public-Minnesota
M
f da J. Durre ce
N,
JS 44 (Rev. 11/04)
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Nataniel Hanson
X 3 Federal Question
(U.S. Government Not a Party)
2 U.S. Government
Defendant
4 Diversity
(Indicate Citizenship of Parties
in Item III)
Citizen or Subject of a
Foreign Country
Foreign Nation
CONTRACT
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
(Excl. Veterans)
153 Recovery of Overpayment
DEF
PTF
1 U.S. Government
Plaintiff
Plaintiff
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
of Veterans Benefits
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
820 Copyrights
830 Patent
840 Trademark
LABOR
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
810 Selective Service
850 Securities/Commodities
SOCIAL SECURITY
441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
445 Amer. w/
Disabilities Employment
OTHER STATUTES
PRISONER
PETITIONS
CIVIL RIGHTS
BANKRUPTCY
610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC
881
630 Liquor Laws
Property Damage
385 Property Damage
Product Liability
REAL PROPERTY
FORFEITURE/PENALTY
PERSONAL INJURY
362 Personal Injury
Med. Malpractice
365 Personal Injury
Product Liability
Exchange
875 Customer Challenge
12 USC 3410
890 Other Statutory Actions
891 Agricultural Acts
892 Economic Stabilization Act
446 Amer. w/
Disabilities - Other
440 Other Civil Rights
Security Act
26 USC 7609
V. ORIGIN
1
Original
Proceeding
X 2
Removed from
State Court
Remanded from
Appellate Court
Reinstated or
Reopened
Transferred from
another district
(specify)
Multidistrict
Litigation
(Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 42 U.S.C.1983
Brief description of cause: Violation of Federal Constitution-False Arrest, 42 U.S.C. 1983, violation of Federal Constitution-Excessive Force, 42 U.S.C
1983, and Civil Rights Violations under Monell v. Dept of Social Services.
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DEMAND $
(See
instructions):
JUDGE
DATE
x/Daniel P. Kurtz
DOCKET NUMBER
Appeal to District
Judge from
Magistrate
Judgment
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
EXHIBIT C
Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII.
Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the
corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.