IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: CATHERINE DANIELS, as Personal Representative of the Estate of her deceased son, LAVALL and MELISSA EDWARDS, as natural mother and Guardian of AARIAYAH HALL, natural daughter of LAVALL HALL, deceased, Plaintiffs, vs. STEPHEN JOHNSON, in his of?cial capacity as Chief of Police of Miami Gardens Police Department; PETER EDDO TRIMINO and THE CITY OF MIAMI GARDENS Defendants. COMPLAINT FOR WRONGFUL DEATH AND VIOLATION OF CIVIL RIGHTS COME NOW, the Plaintiffs, CATHERINE DANIELS, as Personal Representative of the Estate of her deceased son, LAVALL HALL, and MELISSA EDWARDS, as natural mother and Guardian of HALL, natural daughter of LAVALL HALL, deceased, by and through the undersigned counsel and hereby sue the Defendants, STEPHEN JOHNSON, in his of?cial capacity as Chief of Police of Miami Gardens Police Department; PETER EDDO TRIMINO and THE CITY OF MIAMI GARDENS, and in support thereof allege as follows: GOLDBERG 8. Sabadatl Financial Center- 1111 Brickell Avenue, Suite 2180 Miami. Florida 33131 MMINARY STATEMENT 1. This is a civil rights action in which the Plaintiffs seek relief from this Court for the death of Lavall Hall and for the Defendants? violation of Lavall Hall?s civil rights secured by the Civil Rights Act of 1871, 42 USC 1983, the Constitution of the United States, including its Fourth and Fourteenth Amendments, and by the laws of the State of Florida. 2. On or about February 15, 2015, Lavall Hall was shot and killed by Defendant, Trimino, in Miami Gardens, Florida without legal cause or excuse, while Defendants Trimino and Ehrlich were in the process of unreasonably seizing the decedent and while unreasonably violating his rights under the Fourth Amendment to the United States Constitution. JURISDICTION AND VENUE 3. This is an action for damages in excess of Fifteen Thousand Dollars arising from a battery in violation of Florida law, negligence resulting in the wrong?ll death of Hall, a violation of the Fourth and Fourteenth Amendments to the United States Constitution pursuant to 42 U.S.C. 1983, and a claim for attorney?s fees pursuant to 42 U.S.C. 1988. 4. This Court hasjurisdiction pursuant to Florida Statutes 26.012, and 28 USC 1343. 5. Venue is appropriate in the Court pursuant to Florida Statutes 47.011 in that the conduct that gives rise to this action took place in Miami Dade County, Florida. PARTIES 6. At all times material hereto, Lavall Hall, was an adult resident of the City of Miami Gardens, Miami Dade County, a citizen of the State of Florida, and a citizen of the United States of America. GOLDBERG RUBEN. Sabadell Financial Cantar? 1111 Avenue. Suica 2130 Miami, Ftor-ida 33131 7. Upon information and belief and at all times material, Hall was a sufferer of schizophrenia and paranoia and had recently been released from a mental health facility. 8. Catherine Daniels is the natural mother of the decedent, Lavall Hall. She is, or will be, appointed the Personal Representative of Hall?s Estate. 9. Melissa Edwards is the natural mother and guardian of Aariayah Hall, a minor, and the decedent?s only child. 10. At all times material, the Defendant, the City of Miami Gardens, was an entity authorized and created under the laws of the State of Florida. The Defendant, the City Miami Gardens, assumes the risk incidental to the maintenance of a police force and the employment of law enforcement and police of?cers. 11. At all times material, the City of Miami Gardens, was the public employer of the Defendants, Ehrlich, Trimino, and Johnson. 12. At all times material, Defendant, Stephen Johnson, was the Chief of Police of the Miami Gardens Police Department. He has since been relieved from duty after being arrested for solicitation of prostitution. The acts and omissions complained of herein occurred prior to Johnson?s termination. 13. At all times material, Defendant, Peter Ehrlich, was a Miami Gardens Police Department police of?cer, acting within the course and scope of his employment with the City of Miami Gardens and the Defendant Chief and under color of state or federal law. Of?cer Ehrlich is being sued in his individual and of?cial capacities. 14. At all times material, Defendant, Eddo Trimino, was a Miami Gardens Police Department police of?cer, acting within the course and scope of his employment with the City of Miami Gardens and the Defendant Chief and under color of state or federal law. Trimino had GOLDBERG 5 QUEEN. P.A. Sabadell Financial Cancer 1111 Bracken Avenue. Suiu32150 Miami. Florida 33131 previously shot and killed a suspect while in the line of duty in 2013. Of?cer Trimino is being sued in his individual and of?cial capacities. 15. Defendants, Johnson, Erlrich, and Trimino, are and were at all times relevant herein duly appointed and acting of?cers, servants, employees and agents of the Miami Gardens Police Department, an agency of Defendant, City of Miami Gardens. 16. At all times relevant herein, the individual Defendants were acting under color of the laws, statutes, ordinances, regulations, policies, customs and/or usages of the State of Florida and the Miami Gardens Police Department, in the course and scope of their duties and functions as of?cers, agents, servants, and employees of Defendant City of Miami Gardens, were acting for, and on behalf of, and with the power and authority vested in them by the City of Miami Gardens and the City of Miami Gardens Police Department, and were otherwise performing and engaging in conduct incidental to the performance of their lawful functions in the course of their duties. They are sued individually and in their of?cial capacity. 17. By the conduct, acts, and omissions complained of herein, Defendants Johnson, Erhlich, and Trimino violated clearly established constitutional standards under the Fourth and Fourteenth Amendments to the United States Constitution of which a reasonable police of?cer under the circumstances would have known. 18. Plaintiffs have satis?ed all conditions precedent to ?ling this lawsuit, including those imposed by Florida Statutes 768.28. 19. Plaintiffs have retained the services of the undersigned attorneys and are obligated to pay reasonable attorneys? fees and costs for such services in prosecuting the claims herein. GOLDBERG S. FIUSEN. FHA. Sabedall Financial Center 1111 Erickell Avenue. Sum: 2180 Miami. Florida 33131 FACTS APPLICABLE TO ALL COUNTS 20. Upon information and belief, on or about February 15, 2015, Lavall Hall was in his home when Defendants, Ehrlich and Trimino, were called to the home and confronted him. 21. Upon information and belief, at the time that Hall was accosted by Defendants, he had not committed a crime or offense nor was he engaged in or planning to commit a crime. Defendants did not suspect Hall to have committed any offense when they approached him. 22. Upon information and belief, Miami Gardens Police Department had previously been called to the home and the Defendants knew or should have known that Hall suffered from a mental condition and had been recently released from a mental hospital facility. 23. Upon information and belief, Defendants Ehrlich and Trimino began to loudly issue commands at Hall, displayed their badges and yelled several loud commands at Hall. 24. Upon information and belief, when Defendants began to yell commands at Hall, he manifested signs and that he had a mental handicap. Hall was unable to communicate, clearly did not understand what was going on, and was visibly scared. Hall?s reSponse to Defendants was child-like and irrational. Furthermore, when Hall attempted to speak to the Defendants, his Speech was impeded and abnormal. 25. Upon information and belief, despite Hall?s clear mental condition and/or state, Defendants Ehrlich and Trimino continued to act aggressively and threateningly toward Hall and ultimately provoked Hall. 26. Upon information and belief, Hall?s mental condition prevented him from understanding or perceiving reality and his condition also inhibited his ability to consciously control his own actions. GOLDBERG FIDSEN. P.A. Sabadall Financial Cantar' 1111 Ericka? Avenue. Suite 2130 Miami. Florida 33131 27. Upon information and belief, Defendants Ehrlich and Trimino then began to pursue Hall, further frightening and alarming him. 28. Upon information and belief, Defendants Ehrlich and Trimino next attempted to take Hall into custody by deploying their tasers at him and shocking him at least two times. Hall was unarmed. 29. Upon information and belief, Defendant Trimino then ?red approximately ?ve shots from his service ?rearm, hitting Hall twice. 30. Upon information and belief, Hall was pronounced dead at the scene. Multiple gunshot wounds ?red by Defendant, Trimino, caused his death. 31. After multiple requests, the Miami Gardens Police Department and Miami Dade County State Attorney Katherine Fernandez Rundle have refused to release the audio or video of the incident. COUNT E?w CIVIL RIGHTS VIOLATION UNDER 42 U.S.C. 1983 UNRLASONABLE SEIZURE 32. Plaintiffs re-allege paragraphs (1) through (31) as if fully set forth herein. 33. The Fourth Amendment prohibits unreasonable seizures of people. 34. A person has been seized within the meaning of the Fourth Amendment if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he or she was not free to leave. The shooting and subsequent killing of a suspect is a seizure under the Fourth Amendment. 35. Defendant Ehrlich seized the decedent, Lavall Hall, when he ?red and hit Hall with his taser. GOLDBERG 8. QUEEN. Sabadall Financial Cancer 1111 Ericka" Avanua. Suite 2150 Msami. Florida 33131 36. At the time of the seizure, Defendant, Ehrlich, did not have a reasonable belief that Plaintiff had committed a crime. 37. At the time of the seizure, Lavall Hall was unarmed and did not pose a lethal threat to the officers. 38. At the time Defendant, Ehrlich, seized Hall, Defendant did not have a warrant to arrest Hall. 39. Defendant Ehrlich?s arrest and seizure of Hall was illegal and unconstitutional. 40. Any force used in an illegal seizure is excessive and is part of the claim for illegal seizure. See Jackson v. Sauls, 206 F.3d 1156, 1171 (11th Cir. 2000). 41. All the force used by Defendant Ehrlich against Hall was illegal and excessive. 42. Defendant Ehrlich?s conduct was deliberately indifferent to Hall?s clearly established rights. 43. As a direct, proximate and foreseeable result of the acts and omissions of Defendant Ehrlich, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: a. Medical, funeral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief on Plaintiffs? civil right claim for unreasonable seizure brought pursuant to 42 U.S.C. ?1983 and ?1988z A. Judgment for compensatory damages against Defendant Ehrlich; GOLDBERG 5 QUEEN. Sabacatl Financial Cancer 1111 Ericka? Avenue. Suite 2130 Miami. Florida 33131 B. Punitive damages against Defendant Ehrlich. C. Judgment for attorney?s fees pursuant to 42 U.S.C. ?1988, tOgether with the costs and expenses of this civil action; D. A trial by jury on all issues so triable; and E. Such other and further relief that this Court may deem just, proper and appropriate. COUNT TRIMINO CIVIL RIGHTS VIOLATION UNDER 42 U.S.C. 81983 UNREASONABLE SEIZURE 44. Plaintiffs re-allege paragraphs (1) through (31) as if set forth herein. 45. The Fourth Amendment prohibits unreasonable seizures of people. 46. A person has been seized within the meaning of the Fourth Amendment if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he or she was not free to leave. The shooting and subsequent killing of a suspect is a seizure under the Fourth Amendment. 47. Defendant, Trimino, seized the unarmed decedent, Lavall Hall, when he used his taser on Hall, then subsequently ?red ?ve shots, hitting Hall twice, killing him. 48. At the time of the seizure, Defendant, Trimino, did not have a reasonable belief that Plaintiff had committed a crime. 49. At the time of the seizure, Lavall Hall was unarmed and did not pose a lethal threat to the of?cers. 50. At the time Defendant, Trimino, seized Hall, Defendant did not have a warrant to arrest Hall. Defendant Trimino?s arrest and seizure of Hall was illegal and unconstitutional. GOLDBERG S. FIDSEN. Sabadell Financial Center 1111 Br?ckoll Avanua. Suice 2181:! Miami. Florida 33131 52. Any force used in an illegal seizure is excessive and is part of the claim for illegal seizure. See Jackson v. Sauls, 206 F.3d 1156, 1171 (11th Cir. 2000). 53. All the force used by Defendant Trimino against Hall was illegal and excessive. 54. Defendant Trimino?s conduct was deliberately indifferent to Hall?s clearly established rights. 55. As a direct, proximate and foreseeable result of the acts and omissions of Defendant Trimino, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: a. Medical, ?meral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief on Plaintiffs? civil right claim for unreasonable seizure brought pursuant to 42 U.S.C. ?1983 and ?1988: A. Judgment for compensatory damages against Defendant Ehrlich; B. Punitive damages against Defendant Ehrlich. C. Judgment for attomey?s fees pursuant to 42 U.S.C. ?1988, together with the costs and expenses of this civil action; D. A trial by jury on all issues so triable; and E. Such other and further relief that this Court may deem just, proper and appropriate. GOLDBERG HDSEN. Sabadall Financial Center 1111 Ericka" Avenue. Suite 2130 Miami. Florida 33131 CIVIL RIGHTS VIOLATION UNDER 42 U.S.C. 1983 EXCESSIVE FORCE 56. Plaintiff re-allege paragraphs (1) through (31) as if fully set forth herein. 57. Count 111 is pled in the alternative to all other Counts. 58. The Fourth Amendment prohibits the unreasonable use of force by a law enforcement of?cer when he has the lawful authority to seize an individual. 59. Assmning Defendant Ehrlich had the lawful authority to seize Hall, the force he used in doing so was clearly excessive. 60. Defendant Ehrlich used his taser against Hall when he posed no threat to the Defendant or to the public. Defendant, Ehrlich, shocked Hall notwithstanding the fact that he knew or should have known that Hall suffered from mental issues. 61. The use of force by Defendant Ehrlich was blatantly excessive and deprived Hall of his Fourth Amendment right to be free from force that was excessive under the circumstances. Defendant Ehrlich could have taken I-Iall into custody without excessive or potentially deadly force and without causing Hall injuries and ultimately, death. 62. Defendant Ehrlich?s conduct was deliberately indifferent to Hall?s clearly established rights. 63. As a direct, proximate and foreseeable result of the acts and omissions of Defendant Ehrlich, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: a. Medical, ?tneral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. GOLDBERG a FIDSEN. Saba-deli Financial Cancer- 1111 Ericka" Avanua. Suite 2190 Miami. Florida {33131 c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief on Plaintiffs? civil right claim for excessive force brought pursuant to 42 U.S.C. ?1983 and ?1988z A. A Judgment for compensatory damages against Defendant Ehrlich; B. Punitive damages against Defendant Ehrlich. C. Judgment for attorney?s fees pursuant to 42 U.S.C. ?1988, together with the costs and expenses of this civil action; D. A trial by jury on all issues so triable; and E. Such other and further relief that this Court may deem just, proper and appropriate. COUNT TRIMINO CIVIL RIGHTS VIOLATION UNDER 42 U.S.C. 1983 EXCESSIVE FORCE 64. Plaintiff re-allege paragraphs (1) through (31) as if fully set forth herein. 65. Count IV is pled in the alternative to all other Counts. 66. The Fourth Amendment prohibits the unreasonable use of force by a law enforcement officer when he has the law?ll authority to seize an individual. 67. Assuming Defendant Trimino had the lawful authority to seize Hall, the force he used in doing so was clearly excessive. 68. Defendant Trimino used his taser against Hall when he posed no threat to the Defendant or to the public. Defendant, Trimino, shocked Hall notwithstanding the fact that he knew or should have known that Hall suffered from mental issues. 69. The use of force by Defendant Trimino was blatantly excessive and deprived Hall of his Fourth Amendment right to be free from force that was excessive under the circumstances. 11 GOLDBERG 5 RUBEN. Sabadell Financial Center 1111 Bricketl Avenue. Suite 2130 Miumi. Florida 33131 Defendant Trimino could have taken Hall into custody without excessive or potentially deadly force and without causing Hall injuries and ultimately, death. 70. Defendant Trimino?s conduct was deliberately indifferent to Hall?s clearly established rights. 71. As a direct, proximate and foreseeable result of the acts and omissions of Defendant Trimino, Hall was killed and the Plaintiffs have in the past and will in the ?rture suffer the following damages: a. CI cl. Medical, funeral, and burial eXpenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. Loss of net accumulations of the Estate. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief on Plaintiffs? civil right claim for excessive force brought pursuant to 42 U.S.C. ?l983 and ?l988: A. B. 72. A Judgment for compensatory damages against Defendant Ehrlich; Punitive damages against Defendant Ehrlich. . Judgment for attorney?s fees pursuant to 42 U.S.C. ?l988, together with the costs and expenses of this civil action; A trial by jury on all issues so triable; and Such other and further relief that this Court may deem just, proper and appropriate. COUNT CIVIL RIGHTS VIOLATION UNDER 42 U.S.C. 1983 FAILURE TO INTERVENE Plaintiffs re-allege paragraphs (1) through (31) as if fully set forth herein. 12 GOLDBERG S. RDSEN. P.A. Eunbadall Financial Cantar? 1111 Brickall Avanua, Suica E150 Florida 331131 73. Defendant Trimino violated Hall?s constitutional rights when he illegally seized Hall and shocked him with a taser and then proceeded to shoot and kill him. 74. Defendant Ehrlich was standing next to Defendant Trimino when Defendant Trimino seized Hall. Instead of intervening, Defendant Ehrlich took no action to stop or prevent this illegal seizure and excessive force although he was in a position to stop this escalation and had time to do so. 75. Defendant Ehrlich was standing next to Defendant Trimino when he was shocking and shooting Hall. 76. Defendant Ehrlich was in a position to stop and prevent Defendant Trimino?s violation of Hall?s Constitutional rights immediately, he failed or refused to stop or intervene on Hall?s behalf even though he had time to do so. 77. Therefore, Defendant Ehrlich is directly liable for the subsequent unreasonable applications of force applied by Defendant Trimino. 78. Defendant Ehrlich?s conduct was deliberately indifferent to Hall?s clearly established rights. 79. As a direct, proximate and foreseeable result of the acts and omissions of Defendant Ehrlich, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: a. Medical, funeral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. (1. Loss of net accumulations of the Estate. 13 GOLDBERG QUEEN. P.A. Sabadotl Financial Cancer 1111 Brickall Avenue. Suite 2130 Miami. Florida {33131 WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief on Plaintiffs? civil right claim for failure to intervene brought pursuant to 42 U.S.C. ?l983 and ?1988: 80. 81. . A Judgment for compensatory damages against Defendant Ehrlich; . Punitive damages against Defendant Ehrlich. . Judgment for attorney?s fees pursuant to 42 U.S.C. ?l988, together with the costs and expenses of this civil action; . Atrial by jury on all issues so triable; and . Such other and further relief that this Court may deem just, proper and appropriate. COUNT TRIMINO CIVIIJBIGHTS VIOLATION UNDER 42 U.S.C. ?1983 FAILURE TO INTERVENE Plaintiffs re-allege paragraphs (1) through (31) as if fully set forth herein. Defendant Erlich violated I-Iall?s constitutional rights when he illegally seized Hall and shocked him with a taser. 82. Defendant Trimino was standing next to Defendant Ehrlich when Defendant Ehrlich seized Hall. Instead of intervening, Defendant Trimino took no action to stop or prevent this illegal seizure and excessive force although he was in a position to stop this escalation and had time to do so. 83. shocking Hall. Defendant Trimino was standing next to Defendant Ehrlich when he was 14 GOLDBERG S. FIDSEN. Sabadell Financial Center 1111 Ericka" Avenue. Suite 3130 Miami, Florida 33131 84. Defendant Trirnino was in a position to stop and prevent Defendant Ehrlich?s violation of Hall?s Constitutional rights immediately, he failed or refused to stop or intervene on Hall?s behalf even though he had time to do so. 85. Therefore, Defendant Trimino is directly liable for the subsequent unreasonable applications of force applied by Defendant Ehrlich. 86. Defendant Trimino?s conduct was deliberately indifferent to Hall?s clearly established rights. 87. As a direct, proximate and foreseeable result of the acts and omissions of Defendant Trimino, Hall was killed and the Plaintiffs have in the past and will in the ?lture suffer the following damages: a. Medical, funeral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief on Plaintiffs? civil right claim for failure to intervene brought pursuant to 42 U.S.C. ?1983 and ?l988: A. A Judgment for compensatory damages against Defendant Ehrlich; B. Punitive damages against Defendant Ehrlich. C. Judgment for attomey?s fees pursuant to 42 U.S.C. ?1988, together with the costs and expenses of this civil action; D. A trial by jury on all issues so triable; and GOLDBERG Sc FIDSEN, P.A. Sabadall Financial Center 1111 Ericka? Avenue. Suite 2130 Miami. Florida 13:31:31 E. Such other and further relief that this Court may deem just, proper and appropriate. COUNT CITY OF MIAMI GARDENS STATE LAW CLAIM FOR DEATH 88. Plaintiff re-alleges paragraphs (1) through (31) as if fully set forth herein. 89. Count VII is pled in the alternative to all other counts. 90. At all times, each Defendant owed Hall the duty to act with due care or reasonable care in the execution and enforcement of any right, law, or legal obligation. 91. These general duties of reasonable care and due care owed to Hall by all Defendants include but are not limited to the following speci?c obligations: a) To refrain from seizing, detaining, or arresting Hall without ?rst having probable cause or legal authority to do so; b) To refrain from using excessive and/or unreasonable force against Hall; c) To refrain from unreasonably creating the situation where force is used; d) To refrain from abusing their authority granted them by law; e) To use tactics and force appropriate for a disabled, emotionally and/or mentally disturbed person, and i) To refrain from violating Hall?s rights guaranteed by the United States Constitutions, as set forth above, and as otherwise protected by law. 92. Defendant Ehrlich, through his acts and omissions, breached each and every one of the aforementioned duties owed to Hall. 93. Defendant Trimino, through his acts and omissions, breached each and every one of the aforementioned duties owed to Hall. 16 GOLDBERG a FIDSEN. Sabadall Financial Cancer 1111 Ericka" Avenue. Suite 2130 Miami, Florida 33131 94. Defendant, City of Miami Gardens, is responsible for the negligence committed by Defendants Ehrlich and Trimino, in that the negligent acts were committed in the course and scope of Defendants Ehrlich and Trimino employment with Defendant, City of Miami Gardens, such that respondent superior applies to this action. 95. As a direct, proximate and foreseeable result of the acts and omissions of the Defendants, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: a. Medical, funeral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. 0. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. e. All damages allowed under Florida?s Wrong?Jl Death Act. WHEREFORE, the Plaintiffs demand judgment against the Defendants for damages in a sum in excess of twenty million dollars, together with costs of this suit, and any other relief this Court deems proper, and demands a trial by jury on all issues so triable. COUNT EHRLICH STATE LAW CLAIM FOR NEGLIGENCEMRONGFUL DEATH 96. Plaintiff re?alleges paragraphs (1) through (31) as if fully set forth herein. 97. Count is pled in the alternative to all other counts. 98. At all times, each Defendant owed Hall the duty to act with due care or reasonable care in the execution and enforcement of any right, law, or legal obligation. 99. These general duties of reasonable care and due care owed to Hall by Defendant, Ehrlich include but are not limited to the following speci?c obligations: l7 GOLDBERG 5 FIDSEN. Sabadall Financial Center 1111 Ericka? Avenue. Sunte 2180 Miami. Florida 33131 a) To refrain from seizing, detaining, or arresting Hall without ?rst having probable cause or legal authority to do so; b) To refrain from using excessive and/or unreasonable force against Hall; c) To refrain from unreasonably creating the situation where force is used; d) To refrain from abusing their authority granted them by law; e) To use tactics and force appropriate for a disabled, emotionally and/or mentally disturbed person, and f) To refrain from violating Hall?s rights guaranteed by the United States Constitutions, as set forth above, and as otherwise protected by law. 100.Defendant Ehrlich, through his acts and omissions, breached each and every one of the aforementioned duties owed to Hall. 101.As a direct, proximate and foreseeable result of the acts and omissions of the Defendant, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: a. Medical, funeral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. e. All damages allowed under Florida?s Wrongful Death Act. WHEREFORE, the Plaintiffs demand judgment against the Defendant for damages in a sum in excess twenty million dollars, together with costs of this suit, and any other relief this Court deems proper, and demands a trial by jury on all issues so triable. 13 GOLDBERG RUBEN. Sabadell Financial Center 1111 Brickell Avenue. Suite 3133 Miami. Florida 33131 COUNT STATE LAW CLAIM FOR DEATH 102. Plainti? re-alleges paragraphs (1) through (31) as if fully set forth herein. 103. Count IX is pled in the alternative to all other counts. 104. At all times, Defendant owed Hall the duty to act with due care or reasonable care in the execution and enforcement of any right, law, or legal obligation. 105.These general duties of reasonable care and due care owed to Hall by Defendant Trimino include but are not limited to the following Speci?c obligations: a) To refrain from seizing, detaining, or arresting Hall without ?rst having probable cause or legal authority to do so; b) To refrain from using excessive and/or unreasonable force against Hall; c) To refrain from unreasonably creating the situation where force is used; d) To refrain from abusing their authority granted them by law; e) To use tactics and force appropriate for a disabled, emotionally and/or mentally disturbed person, and f) To refrain from violating Hall?s rights guaranteed by the United States Constitutions, as set forth above, and as otherwise protected by law. 106. Defendant Trimino, through his acts and omissions, breached each and every one of the aforementioned duties owed to Hall. 107. As a direct, proximate and foreseeable result of the acts and omissions of the Defendant, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: a. Medical, funeral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. 19 GOLDBERG FIDSEN. P.A. Sabadell Financial Center 1111 Ericka? Avenue. Suite 219:} Florida 33131 b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. c. All damages allowed under Florida?s Wrongful Death Act. WHEREFORE, the Plaintiffs demand judgment against the Defendant for damages in a sum in excess of twenty million dollars, together with costs of this suit, and any other relief this Court deems proper, and demands a trial by jury on all issues so triable. COUNT CITY OF MIAMI GARDENS 1983 MONELL CLAIM 108. Plaintiffs re-allege paragraphs (1) through (31) as if fully set forth herein. 109. Hall was deprived of at least the following rights federal rights guaranteed under the United States Constitution: a. The right not to be deprived of life, liberty, or prOperty without Due Process of Law; b. The right to be free from unreasonable searches and/or seizures, up to and including death; c. The right to enjoy civil and statutory rights. 110. Defendant City of Miami Gardens developed and maintained policies or customs exhibiting deliberate indifference to the constitutional rights of citizens it of?cers came into contact with. 111. It was the policy and or custom of the City of Miami Gardens to inadequately and improperly investigate citizen complaints of police misconduct. 112. It was the policy and or custom of the City of Miami Gardens to ignore, tolerate or inadequately discipline its of?cers when acts of misconduct occurred. 20 GOLDBERG FIOSEN. Eabadell Financial Center 1 1 1 1 Ericka? Avenue. Suite 21 80 Miami. FIDPICIB 33131 113. Prior to February 15, 2015, Defendants Trimino and/or Ehrlich had histories of misbehavior that were ignored, inadequately investigated or resulted in inadequate discipline. 114. City of Miami Gardens inadequately investigated or inadequately disciplined Defendants Trimino and Ehrlich, thereby failing to adequately discourage further misconduct. 115. City of Miami Gardens tolerated and acquiesced to the excessive use of force by Defendants Trimino and/or Ehrlich. City of Miami Gardens completely failed to adequately investigate their conduct on February 15, 2015. 116. Defendants Trimino and/or Ehrlich were not disciplined or reprimanded for violating Hall?s civil rights. City of Miami Gardens made no changes to its policies after the events of February 15, 2015, thereby ratifying Defendants Trimino and Ehrlich?s conduct. 117. The policy and or custom at City of Miami Gardens that tolerated or ignored excessive uses of force on citizens that existed on February 15, 2015 did not change after February 15, 2015 as evidenced by other claims of misconduct alleged against other City of Miami Gardens and Miami Garden Police Department of?cers. 118. Because of the policy or custom of ignoring, tolerating and improperly handing complaints of excessive use of force, Defendants Trimino and/or Ehrlich believed that their actions would not result in investigation or discipline but would be tolerated. 119. The above described policies and customs demonstrate a deliberate indifference on the part of the City of Miami Gardens to the constitutional rights of persons its officers came into contact with, and were the cause of Hall?s deprivation of his constitutionally protected rights. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief on Plaintiffs? civil right claim brought pursuant to Monell, 42 U.S.C. ?l983 and ?1988: 21 GOLDBERG FICISEN. Sabadall Financial Cancer 1111 Ericka" Avenue. Suite 2180 MlBl?T?li. Florida 33131 A. Judgment for compensatory damages against Defendant Ehrlich; B. Punitive damages against Defendant Ehrlich. C. Judgment for attomey?s fees pursuant to 42 U.S.C. ?1988, together with the costs and expenses of this civil action; D. A trial byjury on all issues so triable; and E. Such other and further relief that this Court may deem just, proper and appropriate. COUNT CITY OF MIAMI GARDENS STATE LAW CLAIM FOR ASSAULT AND BATTERY 120. Plaintiffs re-allege paragraphs (1) through (31) as if fully set forth herein. 121. Count X1 is plead in the alternative to all other counts. 122. Defendants Ehrlich and Trimino?s conduct was intentional but was not willful, wanton, or malicious. 123. Defendants Ehrlich and Trimino?s conduct, as alleged herein, was committed within the course and scepe of their employment as police of?cers with the City of Miami Gardens Police Department. 124. Defendant Trimino?s conduct constituted offensive and unprivileged touching on Hall?s person. 125. Defendant Ehrlich?s conduct constituted offensive and unprivileged touching on Hall?s person. 126. Defendant, City of Miami Gardens, is responsible for the battery committed by Defendants Ehrlich and Trimino upon Hall, in that the civil battery was intentional, but not malicious and was committed in the course and scope of Defendant, Ehrlich and Trimino?s 22 GOLDBERG Sabadail Financial Cancer 1111 Brickell Avenue. Suite 2130 Miami. Florida 33131 employment with Defendant, City of Miami Gardens, such that respondent superior applies to this action. 127.As a direct, proximate and foreseeable result of the acts and omissions of the Defendants, Hall was killed and the Plaintiffs have in the past and will in the ?lture suffer the following damages: a. Medical, ?meral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. e. All damages allowed under Florida?s Wrongful Death Act. WHEREFORE, the Plaintiffs demand judgment against the Defendants for damages in a sum in excess of the minimal jurisdictional limits of this Court, together with costs of this suit, and any other relief this Court deems proper, and demands a trial byjury on all issues so triable. COUNT STEPHEN JOHNSON CIVIL RIGHTS VIOLATION UNDER 42 U.S.C. 1983 EXCESSIVE FORCE 128. Plaintiffs re-allege paragraphs (1) through (31) as if fully set forth herein. 129. The conduct and actions of Defendant, Johnson, acting under color of law, in authorizing, directing, training, and/or otherwise failing to promulgate reasonable policies and procedures among his of?cers for the use of force was excessive and unreasonable, was done intentionally, willfully, maliciously with a deliberate indifference and/or with a reckless disregard for the natural and probable consequences of his acts, was done without law?il justi?cation or reason, and was designed to and did cause speci?c and serious physical emotional pain, physical pain, and death in violation of Hall?s rights under 42 U.S.C. 1983, and the 23 GOLDBERG St FIDSEN. Sabadall Financial Center- 1 1 1 1 Ericka? Avenue. Suite: 2130 Florida 33131 Fourth and Fourteenth Amendments to the Constitution, including the right to be free from unreasonable seizure and the right to be free from the use of excessive, unreasonable, and unjusti?ed force. 130. As a direct, proximate and foreseeable result of the acts and omissions of Defendant Johnson, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: a. Medical, funeral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief on Plaintiffs? civil right claim for excessive force brought pursuant to 42 U.S.C. ?1983 and ?1988: A. Judgment for compensatory damages against Defendant Ehrlich; B. Punitive damages against Defendant Ehrlich. C. Judgment for attomey?s fees pursuant to 42 U.S.C. ?1988, together with the costs and expenses of this civil action; D. A trial by jury on all issues so triable; and E. Such other and further relief that this Court may deem just, proper and appropriate. COUNT TRIMINO AND EHRLICH CIVIL RIGHTS VIOLATION UNDER 42 U.S.C. 1983 DENIAL OF MEDICAL CARE 131. Plaintiffs re-allege paragraphs (1) through (31) as if fully set forth herein. 132. Members of the Miami Garden Police Department have an af?rmative duty to 24 GCILDBEFIG 51 HUS-EN. Sabadall Financial Center '1 111 Ericka" Avenue. Suite E130 Miami, Flor-ids 33131 seek medical attention persons who are injured in the course of being apprehended by the police. 133. Defendants Ehrlich and Trimino were either in the immediate vicinity of, or directly involved in shocking Hall with a taser and/or shooting Hall with a ?rearm. 134. Defendants Trimino and Ehrlich were aware that Hall had been shocked with a taser and shot, and were aware that Hall was experiencing extreme physical pain as a result of both Defendant Trimino and Defendant Ehrlich?s use of excessive and unnecessary force, but took no action to provide or request medical care for Hall, disregarding the obvious risk to Hall?s health. 135. The conduct and actions of Defendants Trimino and Ehrlich, acting under color of law, in failing to timely request or obtain medical attention for Hall, was unreasonable, was done intentionally, will?Jlly, maliciously, with a deliberate indifference and/or with a reckless disregard for Hall?s serious medical needs, and was designed to and did cause Speci?c and serious physical and emotional pain and suffering in violation of Hall?s substantive due process rights as guaranteed under 42 U.S.C. ?1983, and the Fourteenth Amendment to the United States Constitution. 136. As a result of Defendants Trimino and Ehrlich?s failure to timely request or obtain medical attention after using excessive, unreasonable, and unjusti?ed force, I-Iall?s death was hastened and/or caused. 137. As a direct, proximate and foreseeable result of the acts and omissions of Defendants, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: a. Medical, funeral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. 25 GOLDBERG S. Salas-dell Financial Center 1111 Ericka" Avenue. Suite 2133 Miami. Florida 33131 b. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. c. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. d. Loss of net accumulations of the Estate. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief on Plaintiffs? civil right claim for excessive force brought pursuant to 42 U.S.C. ?1983 and ?1988: A. Judgment for compensatory damages against Defendant Ehrlich; B. Punitive damages against Defendant Ehrlich. C. Judgment for attorney?s fees pursuant to 42 U.S.C. ?1988, together with the costs and expenses of this civil action; D. A trial by jury on all issues so triable; and E. Such other and further relief that this Court may deem just, proper and appropriate. COUNT CITY OF MIAMI GARDENS NEGLIGENT HIRING, RETENTION SUPERVISION 138. Plaintiffs re-allege paragraphs (1) through (31) as if ?Jlly set forth herein. 139. Defendants, Ehrlich and Trimino, were under the control, direction and supervision of the City of Miami Gardens. 140. Defendant, City of Miami Gardens, knew or should have known that Ehrlich and Trimino had engaged in wrongful conduct in the past. 14]. Upon information and belief, Ehrlich and Trimino had multiple complaints, infractions, or reports of misconduct ?led against them in the past. 142. That as a result of such complaints, infractions, violations, and/or reports of misconduct, Defendant, City of Miami Gardens, knew or should have known that the Defendant 26 GOLDBERG 5 QUEEN. P.A. Sabadall Financial Cancer 1111 Ericka? Avenue. Suite 2130 Miami. Florida 33181 police officers had a propensity for violence, misconduct, excessive use of force, and/or violations of civil rights. 143. That Defendant, City of Miami Gardens, at all times material had the ability and authority to discharge, further supervise, and/or retrain the Defendant of?cers so that they did not pose a risk to the public and to Hall. 144. That as a direct result of the Defendant, City of Miami Gardens?, failure to further train, supervise, andfor discharge the Defendant of?cers, it was foreseeable that a member of the public, in this case Hall, would be killed. 145. Defendant, City of Miami Gardens?, supervision, hiring, and/or retention of the Defendants, Trimino and Ehrlich, constitute negligence or gross negligence. 146. The Defendant of?cers repeatedly violated Florida law, Federal law, and the policies and procedures of the Miami Gardens Police Department. 147. Defendant, City of Miami Gardens, knew or should have known that the Defendant of?cers were violating the law and the Miami Gardens Police Department?s policies and procedures, yet did nothing to remedy the situation. 148. As a direct, proximate and foreseeable result of the acts and omissions of Defendant, City of Miami Gardens, Hall was killed and the Plaintiffs have in the past and will in the ?lture suffer the following damages: e. Medical, ?meral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. f. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. g. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. h. Loss of net accumulations of the Estate. 2? GOLDBERG St FIDSEN. Sabadoll Financial Center 1111 Ericka? Avenue. Suite 3130 Miami. Florida 33131 WHEREFORE, the Plaintiffs demand judgment against the Defendant for damages in a sum in excess of the minimal jurisdictional limits of this Court, together with costs of this suit, and any other relief this Court deems proper, and demands a trial by jury on all issues so triable. COUNT STEPHEN JOHNSON NEGLIGENT HIRING, RETENTION SUPERVISION 149. Plaintiffs renallege paragraphs (1) through (31) as if fully set forth herein. 150. Defendants, Ehrlich and Trimino, were under the control, direction and supervision of Police Chief Stephen Johnson. 151. Defendant, Johnson, knew or should have known that Ehrlich and Trimino had engaged in wrongful conduct in the past. 152. Upon information and belief, Ehrlich and Trimino had multiple complaints, infractions, or reports of misconduct ?led against them in the past. 153. That as a result of such complaints, infractions, violations, and/or reports of misconduct, Defendant, Johnson, knew or should have known that the Defendant police of?cers had a propensity for violence, misconduct, excessive use of force, and/or violations of civil rights. 154. That Defendant, Johnson, at all times material had the ability and authority to discharge, ?lrther supervise, and/or retrain the Defendant of?cers so that they did not pose a risk to the public and to Hall. 155. That as a direct result of the Defendant, Johnson?s, failure to further train, supervise, and/or discharge the Defendant of?cers, it was foreseeable that a member of the public, in this case Hall, would be killed. 156. Defendant, Johnson?s, supervision, hiring, and/or retention of the Defendants, Trimino and Ehrlich, constitute negligence or gross negligence. 28 GOLDBERG S. FIDSEN, Sabadell Financial Center 1111 Erickell Avanua. Suite 2131:! Miami. Florida 33131 157. The Defendant of?cers repeatedly violated Florida law, Federal law, and the policies and procedures of the Miami Gardens Police Department. 158. Defendant, Johnson, knew or should have known that the Defendant of?cers were violating the law and the Miami Gardens Police Department?s policies and procedures, yet did nothing to remedy the situation. 159. As a direct, proximate and foreseeable result of the acts and omissions of Defendant, Johnson, Hall was killed and the Plaintiffs have in the past and will in the future suffer the following damages: i. Medical, funeral, and burial expenses that have become a charge of his Estate and/or that have been paid on behalf of the decedent. j. Loss of support and services, loss of companionship, and for mental pain and suffering resulting from the loss of Lavall Hall. k. All damages allowable under 42 U.S.C. 1983, Federal Law, and Florida Law. 1. Loss of net accumulations of the Estate. WHEREFORE, the Plaintiffs demand judgment against the Defendant for damages in a sum in excess of the minimal jurisdictional limits of this Court, together with costs of this suit, and any other relief this Court deems proper, and demands a trial byjury on all issues so triable. DEMAND FOR JURY TRIAL 160. Plaintiffs hereby demand a trial byjury on all issues so triable. DEMAND FOR FEES 161. Plaintiffs hereby demand payment of attorneys? fees pursuant to 42 U.S.C. ?1983 and 42 U.S.C. ?1988. Dated this day of March, 2015 29 GOLDBERG FIDSEN, P.A. Sabadali Financial Cancer 1111 Ericka" Avenue. Suite 2130 Miami. Florida 33131 GOLDBERG ROSEN, P.A. Counsel for Plaintiff(s) 1 1 Brickell Avenue-Suite 2180 Miami, Florida 33131 Tel:(305) 374-4200 Fax:(305) 374-8024 Eleadings@goldbergandrosen.com mails: igrsecy@goldbergandrosen.com GOLDBERG El RUBEN. Sabadall Financial Center- 1111 Ericka" Avenue. Suite 2150 Miami. Florida 3:31:31 30