Professional Documents
Culture Documents
Defendants.
_____________________________________________/
Solomon M. Radner (P73653)
EXCOLO LAW, PLLC
Attorneys for Plaintiff
26700 Lahser Road, Suite 401
Southfield, MI 48033
(248) 291-9719
sradner@excololaw.com
_____________________________________________/
COMPLAINT
1. This is a civil rights action in which the Plaintiffs seeks relief for the
violation of their rights secured by 42 U.S.C. 1983 and the First, Fourth, and
Fourteenth Amendments.
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U.S.C. 1391(b)(2).
4. The events that give rise to this lawsuit took place at 17046 Harper, a
PARTIES
abiding citizen of the United States and a resident of the City of Detroit, Michigan.
law-abiding citizen of the United States and a resident of the City of Detroit,
Michigan.
Police officer, badge number 971, and at all times relevant, was acting under the
Police officer, badge number 3639, and at all times relevant, was acting under the
of the State of Michigan, acting under color of state law, and is a person for the
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were personally acting under the color of state law and/or in in compliance with the
official rules, regulations, laws, statutes, customs, usages and/or practices of the
11. Each and all of the acts of the Defendants alleged herein were
committed by said Defendants while acting within the scope of their employment by
STATEMENT OF FACTS
12. On May 31, 2017 at around 1:30 AM, Plaintiffs went to a gas station,
13. The individual defendants, both of whom are unethical, abusive cops
whose reputations precede them, were already at the gas station prior to the
Plaintiffs arrival.
14. Plaintiff Craft has been harassed by these defendants many times in the
15. On this occasion, Mr. Craft simply walked into the gas station and
immediately recognized the defendants, and decided that rather than give them an
opportunity to harass him yet again, he turned around and began to walk out of the
gas station.
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16. One of the defendants then called out to Mr. Craft, You aint buying
nothing today?
17. Mr. Craft responded, Cuz I know how you are. Fuck you.
speech. Such a comment gives the police no authority to accuse the speaker of
19. The defendants then followed Mr. Craft out to his car and proceeded to
verbally harass both plaintiffs for about a minute or two, but at no point gave either
plaintiff a direct order or stated that either of them were under arrest for any reason.
20. The defendants were clearly trying to pick a fight with the plaintiffs
without any lawful basis to do so, nor could a lawful basis even be imagined.
21. Rather than allowing two immoral cops to infringe on his rights,
Plaintiff Jackson decided to get out of the car and enter the gas station to purchase
22. Plaintiff Jackson attempted to walk past Billingslea to enter the store,
but Billingslea purposely put himself in front of Jackson at the last second to induce
23. As soon as such contact was made, the defendants attacked Mr. Jackson
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24. The defendants threw Mr. Jackson to the concrete ground, face-first and
held him down, while yelling at Jackson in an aggressive and threatening manner.
25. Defendant Billingslea lied in his incident report by implying that he was
attempting to place Jackson under arrest but couldnt do so. At no point in time did
either defendant advise Mr. Jackson he was under arrest or attempt to handcuff him.
26. Billingslea falsely wrote, Because I wasnt able to place him into
27. This statement is a lie because at no point did Billingslea tell Jackson
he was under arrest or attempt to place Mr. Jacksons hands behind his back to be
handcuffed.
28. Defendant Patterson, while reaching for his handcuffs with his right
hand, used his left hand to grab Jacksons right hand and twist it behind his back.
was kneeling on top of Jackson with his right knee on Jacksons back, Billingsleas
right hand holding Jacksons neck and face against the concrete, and Billingsleas
left hand holding Jacksons left hand against the concrete. In this position,
Billingslea commanded Jackson, Dont you ever put your fuckin hands on me.
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30. Billingslea never told Jackson he was under arrest or to put his hands
behind his back, nor did he attempt to bring Jacksons left hand behind his back for
handcuffing.
followed Billingsleas lead by releasing Jacksons right hand and placing the
32. The defendants then stood over Jackson as Jackson stood back up, all
33. The defendants were acting like bullies, not like officers of the law,
34. The defendants did not attempt to place Mr. Jackson under arrest.
35. During the first assault committed by both defendants of Mr. Jackson
outside of the gas station, Mr. Craft was recording the events with this cell phone
camera.
36. Plaintiff Craft was not interfering in any way with a police investigation
37. Defendant Billingslea, upon realizing that Plaintiff Craft was recording
the unlawful assault, took a break from assaulting Plaintiff Jackson, who at the time
was lying face-first on the ground with both defendants on top of him.
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38. Plaintiff Craft was telling Plaintiff Jackson chill bro and dont say
nothing bro and similar things. Plaintiff Craft was not acting aggressive in any way.
39. Defendant Billingslea stood up and walked towards Plaintiff Craft and
40. Plaintiff Craft then did back up and Defendant Billingslea turned his
attention back to Plaintiff Jackson, whom the defendants were now permitting to
stand up while yelling at him not to put his hands on them again.
41. Plaintiff Craft then said to the defendants, in agitated manner due to
their clear hypocrisy, but its cool for you to put your hands on me?!
42. Defendant Billingslea then turned towards Plaintiff Craft and said I
didnt put my hands on you as Billingslea walked towards Craft and unlawfully
43. Plaintiff Craft then backed up and walked backwards while still keeping
the camera pointed at Defendant Billingslea who was now walking towards Plaintiff
above, Why are you walking on me? Im not doing shit to you.
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46. As defendant Billingslea made this threat, he pulled out his mace from
the left side of his belt with his left hand, transferred it to this right hand, and shook
48. Billingslea then answered, You better back your ass up! as he
49. This is after Craft had already walked backwards with Billingslea
50. Plaintiff Craft then asked, How far do you want me to back up?
52. The reason Billingslea did not answer Crafts question is simple:
Billingslea was simply trying to intimidate Craft to stop his recording, not because
53. Defendant Billingslea apparently was still feeling that he had some
54. Defendant Billingslea then walked back towards Plaintiff Jackson who
55. Defendant Billingslea pointed his right index finger at Plaintiff Jackson
only inches from Jacksons face and announced, Motherfucker, let me tell you
something. If you walk up on me like that again, Ima knock yo fuckin top off!
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Jackson turned around and walked away in an effort to avoid confrontation and
57. Instead, defendant Billingslea followed him for at least twenty feet,
repeatedly yelling the above threat, but never at any point did he nor Defendant
Patterson ever order for Mr. Jackson to stop or freeze, nor did either of them state
that Mr. Jackson was under arrest or disobeying an order of a police officer.
58. Plaintiff Jackson then went into the gas station to purchase cigarettes,
the original reason the plaintiffs went there in the first place.
59. Billingslea aggressively pursued Mr. Jackson into the gas station and
immediately confronted him again while Jackson was at the counter trying to
61. Billingslea, despite claiming in his report that he warned Jackson before
63. Despite this, Defendant Billingslea sprayed Mr. Jackson directly in the
eyes and face for several seconds, at which point Mr. Jackson turned around, facing
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toward the clerk at the counter once again. Mr. Jackson somehow maintained his
composure and stayed calm while he was being maced, and afterwards.
64. Mr. Jackson then stood still for a few seconds, reeling from the pain of
the mace in his eyes, and now with his back to Billingslea.
65. Defendant Billingslea, without any warning whatsoever, then put his
right arm around Mr. Jacksons throat, and violently spun Jackson around and body-
66. Defendant Billingslea threw Mr. Jackson down to the ground so hard
that Jackson was thrown at least 3-4 feet and landed on the floor after first slamming
67. Mr. Jackson was then lying face-down on the floor and not moving,
68. Mr. Jackson was not resisting in any way. Defendant Patterson and Mr.
Craft remained remarkably calm during this incident and Patterson then turned
towards Craft and pushed him out of the gas station while telling Craft, Im gonna
69. Plaintiff Craft initially backed up as instructed, but then entered back
into the store and stood at a distance while recording Billingsleas assault on
Jackson.
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70. During this assault, Billingslea forcefully and maliciously rammed his
knee into Mr. Jackson in the back and midsection several times, despite Jackson not
resisting in any way. Jackson was still lying face-down on the floor with Billingslea
on top of him during this kneeing, as he had remained since he was body-slammed
71. Defendant Billingslea then pointed at Mr. Craft and yelled Get the
fuck out of here! and again, Patterson pushed Craft towards the exit door.
72. Plaintiff Craft, knowing he had the right to record the assault, returned
73. Defendants knew Plaintiff Craft had recorded their unlawful actions on
his cell phone camera, and threatened that they would arrest him if he didnt hand it
over.
74. Defendant Billingslea then unlawfully took Plaintiff Crafts cell phone
was done in blatant violation of the Fourth Amendment and the First Amendment.
76. No lawful basis existed for Defendants to take Plaintiff Crafts cell
phone.
77. Defendants then spent some time viewing the contents of his Crafts
phone.
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78. The defendants appeared to be deleting things from the cell phone.
79. The defendants then slammed Mr. Crafts cell phone onto the clerks
countertop, smashing the glass screen, and proceeded to apparently throw it into a
80. A different police officer later retrieved Mr. Crafts phone form the
garbage can after learning from Mr. Craft what had happened to it, and took the
81. Plaintiff Craft was then released at the scene but his cell phone was not
82. Plaintiff Jackson was placed under arrest, though he was never told by
83. Mr. Jackson was then taken to an emergency room by ambulance for
84. Once released from the hospital later that day, unknown police officers
took Mr. Jackson to the precinct for booking and at that time he was told that he was
being charged with felony resisting arrest however, this was another lie.
85. The defendants then submitted a request to the prosecutors office for a
warrant for the arrest of Mr. Jackson and it was denied on June 1, 2017, and to date,
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86. Despite the denial of the warrant, Mr. Jackson was not released from
the defendants custody until late in the afternoon the next day, on June 2, 2017,
87. Mr. Jackson was not told at any point during those 3 days why he was
arrested, nor was he given any information upon his release, leaving him to wonder
88. Several days later, Plaintiff Craft went to the police station and
retrieved his cell phone, which was returned to him in its broken state.
89. Immediately, Mr. Craft attempted to turn his cell phone on to see if the
footage he had recorded on May 31, 2017 was preserved, but alas he could not turn
it on.
90. The defendants outrageous conduct was unlawful and malicious from
start to finish.
while acting under the color of law, exacerbated an already strained relationship
between the police and the non-police citizens of the city theyre sworn to protect,
costs and attorneys fees, and any other relief this Court deems just and proper.
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As to All Defendants
93. Plaintiffs repeat, reiterate, and re-allege each and every allegation set
94. Neither Mr. Jackson nor Mr. Craft did anything unlawful to provoke
Defendants.
privileges and immunities guaranteed to citizens of the United States by the First,
individual Defendants in their capacities as police officers, with the entire actual
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usages, practices, procedures, and the rules of the Detroit Department of Police, all
99. Defendants collectively and individually, while acting under the color
of state law, engaged in conduct that constituted a custom, usage, practice, procedure
Defendants, Plaintiff Jackson was harmed and suffers damages for his physical,
mental, and emotional injury and pain, mental anguish, humiliation, and
embarrassment.
102. Plaintiff repeat, reiterate, and re-allege each and every allegation set
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105. Plaintiff Jackson was formally arrested and taken into custody after
106. Plaintiff Craft was handcuffed and placed in the back of a police car.
Defendants ordered him to tell them the code to his cell phone or else he would be
privileges and immunities guaranteed to citizens of the United States by the First,
individual Defendants in their capacities as police officers, with the entire actual
usages, practices, procedures, and the rules of the Detroit Department of Police, all
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111. Defendants collectively and individually, while acting under the color
of state law, engaged in conduct that constituted a custom, usage, practice, procedure
and Craft.
Defendants, Plaintiffs Craft and Jackson were harmed and suffer damages for their
physical, mental, and emotional injury and pain, mental anguish, humiliation, and
embarrassment.
114. Plaintiffs repeat, reiterate, and re-allege each and every allegation set
115. Defendants knew Plaintiff Craft had recorded their unlawful actions on
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was done in blatant violation of the Fourth Amendment and the First Amendment.
118. No lawful basis existed for Defendants to take Plaintiff Crafts cell
phone.
119. Defendants then spent some time viewing the contents of his Crafts
phone.
120. The defendants then smashed the phone and dropped it into the garbage.
121. A different officer retrieved it form the garbage can and took control of
custody of it.
122. Plaintiff Craft was then released but his cell phone was not returned to
123. Days later Plaintiff Craft went to the police station and retrieved his cell
phone.
125. Plaintiffs repeat, reiterate, and re-allege each and every allegation set
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126. Defendants knew Plaintiff Craft had recorded their unlawful actions on
129. No lawful basis existed for Defendants to take Plaintiff Crafts cell
phone.
130. Even if there had been a basis to arrest Plaintiff Craft and seize his cell
phone during a search incident to arrest, the police do not have the right to SEARCH
ordered Plaintiff Craft to tell him the passcode to the cell phone or face arrest and
transportation to jail.
131. In response to this unlawful threat, Plaintiff Craft did as he was ordered
by Defendant Billingslea, and told him the passcode to unlock his cell phone.
133. This search was done without a warrant or any lawful basis.
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135. Plaintiffs repeat, reiterate, and re-allege each and every allegation set
136. Defendants knew Plaintiff Craft had recorded their unlawful actions on
139. No lawful basis existed for Defendants to take Plaintiff Crafts cell
phone.
140. There is a First Amendment right to record the police in a public place
so long as such recording does not interfere with the polices lawful activities. Not
only were the polices activities unlawful, but Plaintiff Crafts recording them in no
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142. Plaintiffs repeat, reiterate, and re-allege each and every allegation set
144. These defendants saw Craft recording their unlawful actions with his
145. These defendants unlawfully took possession of Crafts cell phone and
intentionally broke it. They only allowed it to be returned to him days later after it
had been broken while in the control and custody of the police.
146. The above acts of Defendants seizing and destroying Plaintiff Crafts
148. Plaintiffs repeat, reiterate, and re-allege each and every allegation set
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Plaintiffs when:
ground outside of the gas station and forcefully held his face against the
cement;
pushed Mr. Crafts cell phone camera out of the way, then took mace
out of his belt and threatened to use it on Mr. Craft when he was
him into a metal Hostess rack, and body-slammed him to the ground
occasions inside and/or near the exit door of the gas station.
150. All of the above physical contact with plaintiffs was initiated by the
defendants without any lawful basis and without any unlawful provocation by either
of the plaintiffs.
151. Such willful and harmful acts of force were done with the intention to
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of the Defendants, Plaintiffs Craft and Jackson were harmed and suffer damages for
their physical, mental, and emotional injury and pain, mental anguish, humiliation,
and embarrassment.
153. Plaintiffs repeat, reiterate, and re-allege each and every allegation set
154. A municipality is liable under 42 U.S.C. 1983 if the acts that violated
customs.
155. As the first alternate basis for liability against Defendant City of
Detroit, the policy maker for Defendants, the mayor, or someone else in a policy
Defendants.
City of Detroit placed the individual Defendants in a policy making position, and the
acts of the individual Defendants may fairly be said to be those of the municipality.
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157. Those acts therefore subject Defendant City of Detroit to liability for
suffered by Plaintiffs, and is liable for the damages caused as a result of the conduct
of the individual Defendants. The conduct of the individual Defendant officers was
159. At all times relevant in this complaint, direct and proximate cause of
the damages and injuries complained of were caused by policies, practices and /or
rights of the Plaintiffs. As a direct and proximate result of the acts as stated herein
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by each of the Defendants, each of the Plaintiffs constitutional rights have been
violated.
Plaintiffs suffered physical, mental, and emotional injury and pain, mental anguish,
162. Upon information and belief, the City of Detroit has a de facto
which shows the police acting like heroes. It allows for and encourages the
criminal liability.
163. Based upon this policy, Plaintiff Crafts cell phone was taken from him
by the police and destroyed. The alleged basis for this taking, according to the police
164. The police taking ones cellphone without a warrant and without
165. The police took custody and control of the surveillance video footage
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166. Upon information and belief, the police destroyed, altered, or edited the
footage from the gas station surveillance system in accordance with the above-
167. Upon information and belief, the defendants were not subjected to any
disciplinary action despite their unlawful actions, all of which were recorded on
168. Upon information and belief, the police did not attempt to extract the
video footage from Crafts cell phone before they destroyed it.
that footage has been destroyed by the defendants and can in no way ever be
recovered this was accomplished when they smashed Crafts cell phone after they
170. The video from Crafts camera presumably showed footage that would
custom.
171. Upon information and belief, the defendants do not have in their
172. Upon information and belief, the defendants do not have a copy of the
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discipline, or control its officers to prevent the actions taken by the officers as
equipment on the semi-marked scout 143802 vehicle being driven by the defendants
on the day of this incident. However, the de facto unwritten policy, procedure, or
custom indicates that officers should either turn off such recording equipment prior
by simply lying about it and saying it was not working in the event they accidentally
recorded their own unlawful actions. Therefore, upon information and belief, the
defendants will claim no such footage exists and they will either claim the equipment
was not on, was not functioning, or was recorded over by not being preserved.
responsible for the individual defendants acting the way they did as outlined in this
lawsuit.
plaintiffs and is directly responsible for the individual defendants acting the way
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Detroit, Plaintiffs Craft and Jackson were harmed and suffer damages for their
physical, mental, and emotional injury and pain, mental anguish, humiliation, and
embarrassment.
JURY DEMAND
Plaintiffs hereby demand a trial by jury of all issues so triable, pursuant to \
Fed. R.Civ. P. 38(b).
Respectfully Submitted,
EXCOLO LAW, PLLC
By: /S/ Solomon M. Radner
SOLOMON M. RADNER (P73653)
Attorney for Plaintiffs
26700 Lahser Rd, Suite 401
Southfield, MI 48033
(866) 939-2656
Dated: August 22, 2017 sradner@excololaw.com
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