Case Document 1 Filed 10/15/15 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION KHZEMAR SUVADUS JAMES, CV-2015- Plaintiff, VERIFIED COMPLAINT v. CITY OF MOBILE, ALABAMA, JURY CLAIM AS TO ALL COUNTS CITY OF MOBILE ALABAMA POLICE DEPARTMENT, CHIEF OF POLICE JAMES H. BARBER, in his of?cial and individual capacities, OFFICER KEVIN KELLEY, in his of?cial and individual capacities, Defendants. Comes now Plaintiff Khzemar Suvadus James and alleges against Defendants City Of Mobile, Alabama; City of Mobile Alabama Police Department; Chief of Police James H. Barber Kevin Kelley; and Fictitious defendants A-F Plead Pursuant To FRCP Rule 9, as follows: INTRODUCTION Khzemar Suvadus James of Mobile, Alabama hereby asserts the following claims against defendants in the above?entitled action: (1) violation of42 U.S.C. 1983: arrest, (2) violation of 42 U.S.C. 1983: detention and confinement, Case Document 1 Filed 10/15/15 Page 2 of 23 (3) violation of 42 U.S.C. 1983: conspiracy, (4) violation of 42 U.S.C. 1983: refusing or neglecting to prevent, (5) malicious abuse of process, (6) false arrest and imprisonment, (7) assault, (8) conspiracy, (9) intentional in?iction of emotional distress, (10) reserved for negligence (until 6 months after presentment), and (1 l) reserved for negligent in?iction of emotional distress (until 6 months after presentment). JURISDICTION 1. Jurisdiction of this court arises under 28 U.S.C. secs 1331, 1337, 1343(a), and 1367(a); 42 U.S.C. secs. 1983, 1985, 1986, and 1988; and 18 U.S.C. 1961- 1968. 2. Jurisdiction of this court for the pendent claims is authorized by 18(a), and arises under the doctrine of pendent jurisdiction as set forth in United Mine Workers v. Gibbs, 383 US. 715 (1966). am 3. Khzemar Suvadus James is an honorably discharged veteran of the United States Marine Corps over the age of nineteen (19) years and is a resident and citizen of Mobile County, Alabama. Case Document 1 Filed 10/15/15 Page 3 of 23 4. Defendant City of Mobile, Alabama is a Municipal Corporation, organized under the laws of the State of Alabama. It is responsible for the policies, procedures, and practices implemented through its various agencies, agents, departments, and employees, and for injury occasioned thereby. It was also the public employer of Defendants Chief of Police James H. Barber and Of?cer Kevin Kelley at all times relevant to this Complaint. 5. Defendant City of Mobile Police Department, and the duly appointed Defendant Chief of Police James H. Barber, who is a natural person and was a resident of Mobile, County, Alabama, United States of America, and a duly- appointed police of?cer in the Mobile Police Department, at all times relevant to this Complaint. He is and has been responsible for the promulgation and implementation of police policies, procedures, and practices in the City of Mobile. He is also responsible for the Mobile Police Academy, or Civilian Cadet Program, which is conducted in Mobile, Alabama. 6. Defendant Kevin Kelley who is a natural person and was a resident of Mobile, County, Alabama, United States of America, and a duly?appointed police of?cer in the Mobile Police Department and is assigned badge identi?cation number 14056, at all times relevant to this Complaint 7. Plaintiff sues all public employees in their of?cial and individual capacities. 8. At all times material to this Complaint, Defendants acted toward plaintiff under color of the statutes, ordinances, customs, and usage of the State of Alabama, City of Mobile, and the Mobile Police Department. Case Document 1 Filed 10/15/15 Page 4 of 23 FACTS 9. Plaintiff, Khzemar S. James, claim arises out of the aforementioned parties conduct causing the false arrest, false imprisonment, deprivation of liberty and violations of civil rights resulting from arrest for carrying a pistol without a permit. Said arrest occurred on November 6, 2013. Plaintiff timely ?led his notice and statement of claim on April 10, 2014. (Attached hereto as Exhibit 2 and incorporated herein as if fully set out.) 10. On November 6, 2013, at 9:45 pm. Plaintiff was pulled over by Defendant Of?cer Kelly at Adams Street and Kennedy Street in Mobile, Alabama. 11. At such time and place Plaintiff voluntarily presented Of?cer Kelley with his valid pistol permit. 12. Plaintiff informed Of?cer Kelley of the location of his pistol within Plaintiffs vehicle. 13. After securing the pistol and while in possession of Plaintiff valid pistol permit, Of?cer Kelley arrested Plaintiff for the violation of carrying a pistol without a permit. 14. Plaintiff was thereby caused to be imprisoned. 15. Plaintiff?s mug shot was then published referencing the charges levied against him in a periodical available at most gas stations and convenience stores in the City of Mobile, Alabama. (Attached hereto as Exhibit 3 and incorporated herein as i'ffully set out.) Case Document 1 Filed 10/15/15 Page 5 of 23 16. On November 8, 2013 the Mobile County District Attorney moved not to prosecute plaintiff as ?insuf?cient facts exist which will afford a reasonable expectation of conviction? to the described charges. (Attached hereto as Exhibit 4 I and incorporated herein as szully set out.) 17. Plaintiff was caused to incur damages including the costs in procuring release from imprisonment, retrieving my vehicle from impound, loss of time, physical discomfort, inconvenience, mental suffering, defamation, violations of my civil rights and deprivation of my liberty. Plaintiff, Khzemar S. James, was damaged by the negligent, reckless, willful and wanton actions and omissions of the City of Mobile, city personnel, city agents and Officer K. Kelley, 14056, on November 6, 2013. COUNT l: VIOLATIONS OF 42 U.S.C. 1983: ARREST 18. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 18 above with the same force and effect as if herein set forth. 19. At all times relevant herein, the conduct of all Defendants were subject to 42 U.S.C. secs. 1983, 1985, 1986, and 1988. 20. Acting under the color of law, Defendants worked a denial of plaintiff?s rights, privileges or immunities secured by the United States Constitution or by Federal law, 2 to wit, 2 Soto v. Flores, 103 F.3d 1056, 1061 (lst Cir. 1997); McNamara v. Honeyman, 406 Mass. 43, 52 (1989). Case Document 1 Filed 10/15/15 Page 6 of 23 by depriving plaintiff of his liberty without due process of law, by taking him into custody and holding him there against his will, County of Sacramento v. Lewis. 523 US. 833? (1998); Youngberg v. Romeo, 457 US. 307, 315 (1982); Williams v. Hartman, 413 Mass, 398, 403 (1992). by making an unreasonable search and seizure of his property without due process of law, (0) by conspiring for the purpose of impeding and hindering the due course of justice, with intent to deny plaintiff equal protection of laws, by refusing or neglecting to prevent such deprivations and denials to plaintiff, thereby depriving plaintiff of his rights, privileges, and immunities as guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States. Miga v. Holyoke, 398 Mass. 343, 349, 350 (1986) (deprivation of pretrial detainee's substantive due process rights where state seeks to impose punishment without a constitutional adjudication of guilt). Bell v. Wol?sh, 441 US. 520, 535 n. 16 (1979). 21. Plaintiff incorporates the attached Exhibits 1 and 2 into this Complaint by reference as if set forth herein. 22. Defendants City of Mobile, Chief of Police James H. Barber, and the Mobile Police Department negligently trained Defendants Officer Kevin Kelley and other of?cers party to plaintiff unlawful arrest whose identities are not yet known. Case Document 1 Filed 10/15/15 Page 7 of 23 23. Officer Kevin Kelley had an ulterior motive, namely, intentional harassment, for arresting plaintiff and charging him with crimes he had not committed. 24. The arrest was without reasonable grounds for said Defendants to believe plaintiff had committed an offense and Defendants knew they were without probable cause to arrest plaintiff. 25. No complaint, information, or indictment was ever sworn against plaintiff alleging offenses occurring prior to the moment Defendant Officer Kevin Kelley handcuffed plaintiff and told him he was under arrest. 26. As a result of their concerted unlawful and malicious arrest by Defendants Of?cer Kevin Kelley and other officers whose identities are not yet known, and plaintiff was deprived of both his liberty without due process of law and his right to equal protection of the laws, and the due course of justice was impeded, in violation of the Fifth and Fourteenth Amendments of the Constitution of the United States and 42 U.S.C. see. 1983. WHEREFORE, Plaintiff demands judgment for the false arrest against all the Defendants jointly and severally, for actual, general, special, compensatory damages in the amount of $500,000 and further demands judgment against each of said Defendants, jointly and severally, for punitive damages in the amount of $100,000, plus the costs of this action, including attorney's fees, and such other relief deemed to be just and equitable. "Punitive damages are recoverable in sec. 1983 suit where defendant's conduct is motivated by an evil motive or intent, or where it involves reckless or callous indifference to plaintiffs federally protected Case Document 1 Filed 10/15/15 Page 8 of 23 rights). Smith v. Wade, 461 US. 30, 50-51 ((1983); Clark v. Taylor, 710 F.2d 4, 14 (1st Cir. 1983). Miga, supra at 355 COUNT 2: VIOLATIONS OF 42 U.S.C. 1983: DETENTION AND CONFINEMENT 27. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 27 above with the same force and effect as if herein set forth. 28. As a result of their concerted unlawful and malicious detention and con?nement of plaintiff, Defendants Officer Kevin Kelley and other of?cers whose identities are not yet known deprived plaintiff of both his right to his liberty Without due process of law and his right to equal protection of the laws, and the due course of justice was impeded, in violation of the Fifth and Fourteenth Amendments of the Constitution of the United States and 42 U.S.C. see. 1983. WHEREFORE, Plaintiff demands judgment for the false detention and con?nement against all the Defendants jointly and severally, for actual, general, special, compensatory damages in the amount of $500,000 and further demands judgment against each of said Defendants, jointly and severally, for punitive damages in the amount of $100,000, plus the costs of this action, including attorney's fees, and such other relief deemed to be just and equitable. COUNT 3: VIOLATIONS OF 42 U.S.C. 1983: CONSPIRACY Case Document 1 Filed 10/15/15 Page 9 of 23 29. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 29 above with the same force and effect as if herein set forth. 30. As a result of their concerted unlawful and malicious conspiracy of Defendants Of?cer Kevin Kelley and other of?cers whose identities are not yet known to the plaintiff, plaintiff was deprived of both his liberty without due process of law and his right to equal protection of the laws, and the due course of justice was impeded, in Violation of the Fifth and Fourteenth Amendments of the Constitution of the United States and 42 U.S.C. see. 1983 and 1985. WHEREFORE, Plaintiff demands judgment for the conspiracy against all the Defendants jointly and severally, for actual, general, special, compensatory damages in the amount of $500,000 and further demands judgment against each of said Defendants, jointly and severally, for punitive damages in the amount of $100,000, plus the costs of this action, including attorney's fees, and such other relief deemed to be just and equitable. COUNT 4: VIOLATIONS OF 42 U.S.C. 1983: REFUSING OR NEGLECTING TO PREVENT 31. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 31 above with the same force and effect as if herein set forth. 32. At all times relevant to this Complaint, Of?cer Kevin Kelley and other of?cers whose identities are not yet known to the plaintiff, as police of?cers of the Mobile Police Department, were acting under the direction and control of Case Document 1 Filed 10/15/15 Page 10 of- 23 Defendants City Of Mobile, Alabama; City of Mobile Alabama Police Department; and Chief of Police James H. Barber. 33. Acting under color of law and pursuant to of?cial policy or custom, Defendants City Of Mobile, Alabama; City of Mobile Alabama Police Department; Chief of Police James H. Barber; Of?cer Kevin Kelley and other of?cers whose identities are not yet known to the plaintiff knowingly, recklessly, or with gross negligence failed to instruct, supervise, control, and discipline on a continuing basis Defendant police of?cers in their duties to refrain from: unlawfully and maliciously harassing a citizen who was acting in accordance with his constitutional and statutory rights, privileges, and immunities, unlawfully and maliciously arresting, imprisoning and prosecuting a citizen who was acting in accordance with his constitutional and statutory rights, privileges, and immunities, conspiring to violate the rights, privileges, and immunities guaranteed to Plaintiff by the Constitution and laws of the United States and the laws of the State of Alabama; and otherwise depriving Plaintiff of his constitutional and statutory rights, privileges, and immunities. 34. Defendants City Of Mobile, Alabama; City of Mobile Alabama Police Department; Chief of Police James H. Barber; Of?cer Kevin Kelley and other [10] Case Document 1 Filed 10/15/15 Page 11 of 23 of?cers whose identities are not yet known to the plaintiff had knowledge or, had they diligently exercised that duties to instruct, supervise, control, and discipline on a continuing basis, should have had knowledge that the wrongs conspired to be done, as heretofore alleged, were about to be committed. Defendants City Of Mobile, Alabama; City of Mobile Alabama Police Department; Chief of Police James H. Barber; Of?cer Kevin Kelley and other of?cers whose identities are not yet known to the plaintiff had power to prevent or aid in preventing the commission of said wrongs, could have done so by reasonable diligence, and knowingly, recklessly, or with gross negligence failed or refused to do so. 35. Defendants City of Mobile, Alabama; City of Mobile Alabama Police Department; Chief of Police James H. Barber; Of?cer Kevin Kelley and other of?cers whose identities are not yet known to the plaintiff directly or indirectly, under color of law, approved or rati?ed the unlawful, deliberate, malicious, reckless, and wanton conduct of Defendant police of?cers heretofore described. 36. As a direct and proximate cause of the negligent and intentional acts of Defendants City Of Mobile, Alabama; City of Mobile Alabama Police Department; Chief of Police James H. Barber; Of?cer Kevin Kelley and other of?cers whose identities are not yet known to the plaintiff as set forth in paragraphs 35-38 above, Plaintiff suffered physical injury, loss of income, and severe mental anguish in connection with the deprivation of his constitutional and statutory rights guaranteed by the Fifth and Fourteenth Amendments of the Constitution of the United States and protected by 42 U.S.C. see. 1983. I WHEREFORE, Plaintiff demands judgment against all the Defendants jointly and severally, for actual, general, special, compensatory damages in the amount of [11] Case Document 1 Filed 10/15/15 Page 12 of 23 $500,000 and further demands judgment against each of said Defendants, jointly and severally, for punitive damages in the amount of $100,000, plus the costs of this action, including attorney's fees, and such other relief deemed to be just and equitable. COUNT 5: FALSE ARREST AND IMPRISONMENT 37. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 37 above with the same force and effect as if herein set forth. 38. At all times relevant herein, the Defendants acted with the intention of con?ning Plaintiff within ?xed boundaries, the act directly or indirectly resulted in con?nement, and plaintiff was conscious of the con?nement. 39. Defendants City Of Mobile, Alabama; City of Mobile Alabama Police Department; Chief of Police James H. Barber; Of?cer Kevin Kelley; and other of?cers whose identities are not yet known to the plaintiff imposed by force or threats an unlawful restraint upon his freedom of movement, to wit by arresting and handcuf?ng his hands behind his back, transporting him to the Mobile County Metro Jail where he was detained in a cell. 40. Then, under the color of state law, Of?cer Kevin Kelley; and other of?cers whose identities are not yet known to the plaintiff, indirectly caused the unlawful imprisonment and consequential strip-search of plaintiff in the Mobile County Metro Jail. [12] Case Document 1 Filed 10/15/15 Page 13 of 23 41. As a direct and proximate result of the conduct of the Defendants, plaintiff suffered harm and damages including but not limited to the aforesaid damages. 42. Defendants City of Mobile; City of Mobile Police Department; and Police Chief James H. Barber are liable under the doctrine of respondeat superior. WHEREFORE, Plaintiff demands judgment against all Defendants for actual, special, compensatory damages, attorneys' fees and costs of the litigation in an amount deemed at time of trial to be just, fair, and appropriate. COUNT 6: ASSAULT 43. Smith repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 43 above with the same force and effect as if herein set forth. 44. Plaintiff is a reasonable person with no prior criminal convictions who is an honorably discharged veteran of the United States Marine Corps. 45. Defendant Officer Kevin Kelley and other officers whose identity are not yet known to plaintiff intentionally created an apprehension of immediate physical harm by means of overt gestures and verbal intimidation for no known purpose other than to create in plaintiff an apprehension of immediate physical harm. 46. Any reasonable person would also become apprehensive in the face of defendants? threatening conduct. 47. Defendants City of Mobile; City of Mobile Police Department; and Police Chief James H. Barber are liable under the doctrine of respondeat superior. [13] Case Document 1 Filed 10/15/15 Page 14 of 23 WHEREFORE, Plaintiff demands judgment against Defendants City of Mobile; City of Mobile Police Department; and Police Chief James H. Barber; Of?cer Kevin Kelley; and other of?cers whose identities are not yet known to plaintiff for actual, special, and compensatory damages in an amount deemed at time of trial to be just, fair, and appropriate. COUNT 7: CONSPIRACY 48. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 48 above with the same forCe and effect as if herein set forth. 49. All the Defendants had an object to be accomplished; had an agreement on the object or course of action; (0) performed one or more unlawful overt acts; and caused plaintiff damages that were a direct result of those acts. 50. In furtherance of their object, defendants did two or more overt acts against the plaintiff. Those unlawful overt acts include, but are not limited to, the following: Of?cer Kevin Kelley and other of?cers whose identities are not yet known to plaintiff knew or should have known that Of?cer Kevin Kelley had intentionally misrepresented facts about plaintiff?s possession of a handgun and pistol license; [14] Case Documentl Filed 10/15/15 Page 15-of 23 Of?cer Kevin Kelley and other of?cers whose identities are not yet known to plaintiff knew or should have known, because plaintiff presented Defendants with his valid license to carry a concealed pistol; (0) Of?cer Kevin Kelley misrepresented that plaintiff was in possession of a handgun without a permit; Of?cer Kevin Kelley and other of?cers whose identities are not yet known to the plaintiff knew that plaintiff was lawfully in possession of the handgunidenti?ed of?cers told Of?cer Kelley to ?cover himself on this one? as that of?cer knew the arrest of plaintiff was unlawful; and in concert with Of?cer Kevin Kelley and other of?cers whose identities are not yet known to plaintiff Of?cer Kevin Kelley and other of?cers whose identities are not yet known to plaintiff arrested and detained and con?ned plaintiff on the grounds that he was unlawfully in possession of a handgun without a permit; 51. The defendants agreed that the object or course of action was to arrest, detain, and con?ne Plaintiff without probable cause, and maliciously charge and prosecute him with crimes. 52. Defendants City of Mobile; City of Mobile Police Department; and Police Chief James H. Barber are liable under the doctrine of respondeat superior. [15] Case Document 1 Filed 10/15/15 Page 16 of 23 53. Plaintiff suffered harm and damages that are a direct result of those acts. WHEREFORE, Plaintiff demands judgment against all Defendants for actual, special, compensatory and punitive damages, attorney's fees, costs, expenses, and interest in an amount deemed at time of trial to be just, fair, and appropriate. COUNT 8: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 54. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 54 above with the same force and effect as if herein set forth. 55. Defendants intentionally and deliberately in?icted emotional distress on plaintiff by by abusing the lawful process by unlawful purpose, or by violating plaintiff? constitutional rights, or by falsely arresting and imprisoning the plaintiff, by conspiring against plaintiff, or by interfering with plaintiff?s state civil rights by threats, coercion, or intimidation, or knew or should have known that emotional distress was the likely result of their conduct. 56. Defendants conduct was extreme and outrageous, beyond all possible bounds of decency and utterly intolerable in a civilized community. 57. The actions of the Defendants were the cause of plaintiff? distress. 58. Plaintiff is a reasonable person with no prior criminal convictions who is an honorably discharged veteran of the United States Marine Corps. [16] Case Document 1 Filed 10/15/15 Page 17 of 23 59. The emotional distress sustained by plaintiff was severe and of a nature that no reasonable man could be expected to endure. 60. As a result of the Defendants' extreme and outrageous conduct, Plaintiff was, is, and, with a high degree of likelihood, will continue to be emotionally distressed due to the intentional acts of defendants. 61. Defendants City of Mobile; City of Mobile Police Department; and Police Chief James H. Barber are liable under the doctrine of respondeat superior. 62. As a result of the Defendants' extreme and outrageous conduct, plaintiff has suffered and will continue to suffer mental pain and anguish, severe emotional trauma, embarrassment, and humiliation. WHEREFORE, Plaintiff demands judgment, including interest, jointly and severally against Defendants City of Mobile; City of Mobile Police Department; Police Chief James H. Barber; Officer Kevin Kelley; and other of?cers whose identities are not yet known to plaintiff in an amount deemed by this Court to be just and fair and in any other way in which the Court deems appropriate. COUNT 9: RESERVED FOR NEGLIGENCE (until 6 months after presentmelm 63. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 63 above with the same force and effect as if herein set forth. [17] Case Document 1 Filed 10/15/15 Page 18 of 23 64. Defendants City of Mobile; City of Mobile Police Department; and Police Chief James H. Barber; owed a duty to supervise or train the officers and to take steps to prevent events such as occurred here, to wit, the false arrest and imprisonment and the swearing to charges without probable cause. 65. The City of Mobile Police Academy, or Civilian Cadet Program, is conducted in Mobile County, Alabama by the City of Mobile Police Department. 66. Defendants Officer Kevin Kelley; and other officers whose identities are not yet known to plaintiff owed a duty to act according to the standard of ordinary care of a police officer, to wit, to conduct a proper investigation, the failure of which was the proximate cause of palintiff?s injury. 67. Defendants City of Mobile and Police Chief James H. Barber breached that duty by failing to act as an ordinary police chief would act, to wit, by failing to perform his duties and by failing adequately to control and to supervise his officers. 68. As a result of those breaches, which were the proximate causes of plaintiffs injury, plaintiff suffered harm and damages. 69. Defendants City of Mobile; City of Mobile Police Department; and Police Chief James H. Barber are liable under the doctrine of respondeat superior. VVHEREFORE, Plaintiff demands judgment against Defendants City of Mobile; City of Mobile Police Department; and Police Chief James H. Barber for actual, [18] Case Document 1 Filed 10/15/15 Page 19 of 23 special, compensatory and punitive damages, attorney's fees, costs, expenses, and interest in an amount deemed at time of trial to be just, fair, and appropriate. COUNT 10: RESERVED FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (until 6 months after presentment) 70. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 70 above with the same force and effect as if herein set forth. 71. Defendants continually negligently inflicted emotional distress on the Plaintiff. 72. Defendants had a continuing af?rmative duty to perform their duties in such a manner as not to in?ict emotional distress on the Plaintiff. 73. Defendants breached their duties to the plaintiff. 74. The plaintiff never interfered with the defendants' obligations under the above?described duties. 75. Plaintiff suffered not only physical but also, as a consequence of the physical injury, mentally by Defendants' breach of duty. 76. Plaintiff was, is, and, with a high degree of likelihood, will continue to be in?icted with emotional distress due to the negligence of Defendants. [19] Case Document 1 Filed 10/15/15 Page 20 of 23 77. Defendants City of Mobile; City of Mobile Police Department; and Police Chief James H. Barber are liable under the doctrine of respondeat superior. 78. As a result of the Defendants? negligent conduct, plaintiff has suffered and will continue to suffer physical pain, anguish, severe emotional trauma, embarrassment, and humiliation. WHEREFORE, Plaintiff demands judgment, including interest, jointly and severally against, Defendants City of Mobile; City of Mobile Police Department; Police Chief James H. Barber; Of?cer Kevin Kelley; and other officers whose identities are not yet known to plaintiff in an amount deemed by this Court to be just and fair and in any other way in which the Court deems appropriate. COUNT 11: DEF AMATION 79. Plaintiff repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 79 above with the same force and effect as if herein set forth. 80. As a direct and proximate result of plaintiff?s false arrest and other claims herein, Defendants? caused Plaintiff?s mug shot to be published referencing the charges levied against him in a periodical available at most gas stations and convenience stores in the City of Mobile, Alabama. (Attached hereto as Exhibit 2 and incorporated herein as ifbe set out, as above. 81. Said publication casts plaintiff in a false, infamous and negative light as to be defamatory in nature and effect. [20] Case Document 1 Filed 10/15/15 Page 21 of 23 82. At no time since said publication have defendants attempted to issue a retraction as to the defamatory and false light to which they painted plaintiff. WHEREFORE, Plaintiff demands judgment, including interest, jointly and severally against Defendants City of Mobile;ICity of Mobile Police Department; . Police Chief James H. Barber; Of?cer Kevin Kelley; and other of?cers whose identities are not yet known to plaintiff in an amount deemed by this Court to be just and fair and in any other way in which the Court deems appropriate. PRAYER FOR RELEIF WHEREFORE, Plaintiff respectfully prays that this Court enters judgment against Defendants, and each of them, for: 1. Plaintiff demands judgment against all the Defendants jointly and severally, for actual, general, special, compensatory damages in the amount of $500,000; 2. Plaintiff demands judgment against each of said Defendants, jointly and severally, for punitive damages in the amount of $100,000; 3. Plaintiff demands judgment for the costs of this action, including attorney's fees; and 4. Plaintiff demands judgment for such other relief deemed to be just and equitable. i Ty, rm KHZEMAR 3. JAMES, Plaintiff [21] Case Document 1 Filed 10/15/15 Page 22 of 23 JURY TRIAL DEMAND Plaintiff hereby demands a jury trial on all issues so triable. Lg, KHZEMAR 5. JAMES, Plaintiff State of Alabama County of Baldwin VERIFICATION I, Khzemar James, the undersigned, being ?rst duly sworn, deposes and says that have ?led this, my Complaint, and that the facts stated therein are true and correct according to the best of my information, knowledge, and belief. I, r-V KHZEMAR s. JAMES Sworn to and subscri ed before me this the '30 th day of 2015 Notary Public, State at Large. Notary Public. State ofAlabama My Commiss'on ires Alabama State At Large My Commission Expires oct?RCS?ch??j?y submitted, i BERT P. NOOJIN OJB3957 Attorneys for Plainti Khezmar S. James BERT P. NOOJIN, PC NOOJIN NOOJ IN, PC Bert P. Noojin, Esq. B. Powell Noojin, Esq. PO. Box 130 airhope, AL 36533 251-928-1066~teleph0ne 866-690-8224-fax [22] Case Document 1 Filed 10/15/15 Page 23 of 23 LAW OFFICE OF SEARS SEARS, PC PO. Box 3007 Daphne, AL 36526 251-6213485 jdsears@Searslaw.net [23] Respectfully submitted, . SEARS SEARJ1750 Atto Plaintiff, Khzema . James Case Document 1-2 Filed 10/15/15 Page 1 of 6 EXHIBIT 2 Case Document 1-2 Filed 10/15/15 Page 2 of 6 2?1 NoonN NOOJIN, RC. PROFESSIONAL CORPORATIONS 5 H-F- ATTORNEYS AT LAW r? 1311 l0 pear OFFICE BOX 130 BERT POWELL NOOHN PAIRHOPE, ALABAMA 36533 E. 3. NOOJIN, JR. GRANT D. AMEY a. POWELL NOOJIN, JR. April 9, 2014. Lisa C. Lambert, City Clerk BY HAND DELIVERY and 9th Floor Government Plaza USPS CERTIFIED MAIL South Tower 70133020000226357795 PO Box 1827 Mobile, AL 36633-1827 251-208-741 1 RE: Notice and Statement of Claim by nggmar 8. James v. City of Mobile, et Lisa Lambert, City Clerk: Our firm has the pleasure of representing Khzemar 8. James regarding the statement of claim, attached hereto and referenced herein as if fully set out, against the City of Mobile. et al. We ask that you officially record Mr. James' statement of claim in the City?s records as of today, April 9, 2014, the date of filing said statement. Thereafter, we respectfully request the City?s attorney andlor insurance claim agent contact us immediateiy. Further contact regarding this matter shall be made directly and only with this firm on behalf of-Khzemar 8. James. Very Truly Yours, B. POWELL NOOJIN, JR. bPNj/me cc: Khzemar James FAX (866) 690-8224 TELEPHONE (251) 928-1066 buddyneojin?gma??om powelinoojin@gmati.com bertnoojin?gmaiicom Case Document 1-2 Filed 10/15/15 Page 3 of 6 April 9, 2014 Lisa C. Lambert, City Clerk BY HAND DELIVERY and 9th Floor Government Plaza USPS CERTIFIED MAIL South Tower PO Box 1827 70133029000226357795 Mobile, AL 36633-1827 251?208?7411 RE: Notice and Statement of Claim by themar 8. James v. City of Mobile, at Lisa Lambert, City Clerk: Our firm has the pleasure of representing Khzemar 8. James regarding the statement of claim, attached hereto and referenced herein as if fully set out, against the City of Mobile, et at. We ask that you officially record Mr. James? statement of claim in the City?s records as of today, April 9, 2014, the date of ?ling said statement. Thereafter, we respectfully request the City's attorney and/or insurance claim agent contact us immediately. Further contact regarding this matter shall be made directly and only with this firm on behalf of Khzemar 8. James. Very Truly Yours, B. POWELL NOOJIN, JR. bPNj/me cc: Khzemar James Case Document 1-2 Filed 10/15/15 Page 4 of 6 TO THE CITY CLERK OF MOBILE COUNTY, ALABAMA KHZEMAR S. JAMES, v. CITY OF MOBILE, ET AL. STATEMENT OF CLAIM Comes now Khzemar S. James, and files this sworn statement of claim in accordance with Ala. Code ??11~47~23 and 11?47?1904 92, Code of Alabama 1975), with the Clerk of the City of Mobile, Alabama. in support of this claim, the following is stated: 1. l, Khzemar S. James, was dam-aged by the negligent, reckless, willful and wanton actions and omissions of the City of Mobile, city personnel, city agents and Officer K. Kelley, lD# 14056, on November 6, 2013. This claim arises out of the aforementioned parties conduct causing the false arrest, false imprisonment, deprivation of liberty and violations of civil rights resulting from my arrest for carrying a pistol without a permit. Said arrest occurred on November 6, 2013, at 9:45 pm. at Adams Street and Kennedy Street in Mobile, Alabama. At such time and place voluntarily presented Officer Kelley with my valid pistol permit and informed Officer Kelley of the location of the pistol within my vehicle. After securing the pistol, and while in possession of my valid pistol permit, Officer Kelley arrested me for carrying a. pistol without a permit thereby causing me to be imprisoned. My mug shot was then published referencing the charges levied against me in a periodical available at most gas stations Case Document 1-2 Filed 10/15/15 Page 5 of 6 and convenience stores in the City of Mobile. My damages include the cost incurred in procuring release from imprisonment, retrieving my vehicle from impound, loss of time, physical discomfort, inconvenience, mental suffering, defamation, violations of my civil rights and deprivation of my liberty. 2, Due to the aforementioned wanton disregard of my rights, I am seeking punitive damages in addition to the compensatory damages stated above. 3. As a result of the aforementioned parties' negligent, reckless, willful and wanton actions and omissions, l, Khzemar 8. James, was injured and claim damages against the City of Mobile, its employees, agents and Of?cer K. Kelley, lD# 14056, in an amount in excess of $100,000.00. I am not able at this time to state the final amount of (was Khzeni?ar S. gates this claim. State of Alabama County of Baldwin l, Khzemar James, the undersigned, being first duly sworn, deposes and says that have filed this, my Notice and Statement of Claim, and that the facts stated therein are true and correct according to the best of my information, knowledge, and belief. I KhzemgrS. J?es subscribed before me f?i'tah?i??he? 8th day? of April, 2014 u?f'uv - a to Ni?taryg'liriublic, State at Large My Commission Expires: if; [i?ll? CLAIM FORM Lisa (3. Lambert, City Clerk PLEASE PRINT P. O. Box 1327 Mobile, AL 36633-1827 251! 208-7411 (Fax: 251! 208-7576) Send completed form or letter ta: 1. Name of Injured Person or name of preperty owner 2. Address: 3. Phone Number: Home and/or cell Werk 4. DATE OF ACCIDENT 5. Location of Accident: 6. Police Report Number: (if applicable) 7. Wimesses: name, address, phone number (if applicable) 3. Describe Accident, Injuries and/ 01' Property Damage; (attach additional sheets of paper, 9. Attach at least two (2) estimates of repair; or attach a copy of all bills related to the claim. This claim wil! be recorded the if is received cf: sent to our Legal Department who wi?fozward it to the claims ac?uster (South Alabama Claims Services) for processing. Signature of Claimant Date signed note that there is a limit of six months on ?ling claims for Case Document 1-3 Filed 10/15/15 Page 1 of 2 EXHIBIT 3 Case .1 .- Md" - A v95 mar-M". . . .. urMo-?u Huh-w- . . . .5123(wtArtgl'liwag 1x0. . 3 0? .1 'v"an31-3-71 . - A MILLER, JASON DEREK MOORE. CALVIN LOVON PISTOL-CARRYING WIOUT UNAUTHRIZED USE . .- . PERMIT, N0 N8. RANGE. . RESISTING ARREST. TAG. ROBBERY 3RD DRIVER NOT IN Poss 3, Case Document 1-4 Filed 10/15/15 Page 1 of 2 EXHIBIT 4 Case Mumm 2 STATE OF ALABAMA A . Ill/113119899 KHZEMAR JAMES A MOTION TO RELEASE gigmeus'rong Comes new the State of Alabama and moves this court tn release .KHZEMAR JAMES from custody with regard be his arrest on I ?6.4 3 for ONE count of CARRYING A PISTOL WITHOUT A PERMIT. Mobile Police Department offense report number M13110899. KHZEMAR JAMES was arrested on 111?6/1 3 for ONE count of CARRYING A PISTOL WITHOUT A PERMIT. Howeven fmther investigation has shown that inenf?cient facts exist which will a?'erd a reasonable expectation of conviction to the above describe charges; Therefore, the Slate elects not?to prosecute KHZEMAR AMES for the above describe . charge at this time. Respectfully submitted, f? .. WW GIAREENA ASSISTANT DISTRICT ATTORNEY ORDER The Court hereby ORDERS that KHZEMAR AMES be releaSed immediately from any hold or custody pertaining ?to his arrest en lle? 113 for CARRYING A PISTOL. WITHOUT A Mobile County Police Department effense report number M13110899. DONE this clay of Ni? 2613. DISWCT COURT JUDGE Case Document 1-5 Filed 10/15/15 Page 1 of 1 IS 44 (Rev. 12.512) The IS 44 civil cover sheet and the infomiation contained hereinneither replace nor supraement the ?lling and service of pleadings or other papers as re uired by law, except as provided by local rules of_court, This form, approved by the Judicial Con erence of the nited States in September 1974, 15 required for the use of the Ierk of Court for the purpose of initiating the (:1th docket sheet. ON NEXT PAGE OF THIS I. PLAINTIFFS DEFENDANT City of Mobile, City of Mobile. AL Police Dept; Chief of Police KHZEMAR SUVADUS JAMES James H. Barber. in his of?cial and individual capacities; Officer Kevin Kelley, in his official and individual capacities County of Residence of First Listed Plaintiff MOBILE County of Residence of First Listed Defendant (rm NV US. (asap (iv U. S. PLAINTIFF CASES (JNL r; NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (C) Attorneys {Firm Name, Address, and Tei?ephone Nrmiberj Attorneys B. Powell Noojin, Jr, PO Box 130, Fairhope. AL 36533? 251.928.1066 Bert P. Noojin, Sr., PO Box 130, Fairhope, AL 36533, 251.928.1066 James D. Sears, PO Box 3007, Daphne, AL 36526, 251.621.3485 (Place an in One Hour Unix) (Piece on in One Box?JJ'Plainfiff (for Diversity loses Univ) and One Boxfor Defendmigi Cl 1 US. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (HS. Government Not a Party Citizen of This State G: incorporated or Principal Place 4 4 othtsiness In This State 2 US. Govet?mnent Cl 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place El 5 Cl 5 Defendant (Indicate Citizenship ome-ites in Item of Business In Another State Citizen or Subject ofe CI 3 El 3 Foreign Nation El 6 6 Foreign Country IV. NATURE OF SUIT (Piece cm in One Box Oniy) COV TRACT 10A11 TILS I El 110 Insurance PERSONAL INJURY PERSONAL INJURY CI 625 Drug Related Seizure El 422 Appeal 28 USC 158 CI 375 False Claims Act El 120 Marine CI 310 Airplane El 365 Personal Injury - of Property 21 USC 881 423 Withdrawal CI 400 State Reapportionment 130 Miller Act 315 Airplane Product Product Liability El 690 Other 28 USC 157 410 Antitrust CI 140 Negotiable Instrument Liability CI 367 Health Care' El 430 Banks and Banking El 150 Recovery of Overpayment El 320 Assault, Libel Pharmaceutical PROPER RIGHTS Cl 450 Commente Enforcement of Judgment Slander Personal Injury CI 820 Copyrights El 460 Deportation 15] Medicare Act 330 Federal Employers? Product Liability 830 Patent El 470 Racketeer In?uenced and I3 152 Recovery of Defaulted Liability El 368 Asbestos Personal 840 Trademark Corrupt Organizations Student Loans 340 Marine Injury Product El 480 Consumer Credit {Excludes Veterans) CI 345 Marine Product Liability LABOR 50?. 1M. El 490 Cable'Sat TV I3 153 Recovery of Overpayment Liability PERSONAL PROPERTY CI 710 Fair Labor Standards CI 861 HIA (139511") El 850 SecuritiesCommodities!r of Veteran?s Bene?ts El 350 Motor Vehicle El 370 Other Fraud Act CI 862 Black Lung (923) Exchange El 160 Stockhoiders? Suits El 355 Motor Vehicle El Truth in Lending F1 720 Labor Management CI 863 DIWCJ DIWW (405(g)) El 890 Other Statutory Actions I3 190 Other Contract Product Liability CI 380 Other Personal Relations CI 864 SSID Title XVI Cl 891 Agricultural Acts I3 195 Contract Product Liability 360 Other Personal Property Damage El 3?40 Railway Labor Act CI 865 R51 {405(8)} Cl 893 Environmental Matters CI 196 Franchise Injury 385 Property Damage 751 Family and Medical Cl 895 Freedom of Information 0 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice 790 Other Labor Litigation CI 896 Arbitration I REAL IS PF. I 110% 791 Employee Retirement FEEDER SI HS - -- 1' CI 899 Administrative Procedure 210 Land ondenmation 13 440 Other Civil Rights Habeas Corpus: Income Security Act CI 870 Taxes (US Plaintiff ActiReview or Appeal of CI 220 ForecIOSure 441 Voting El 463 Alien Detainee or Defendant) Agency Decision 230 Rent Lease Ejectment 442 Employment El 510 Motions to Vacate El 87] IRS?Third Party 950 Constitutionality of CI 240 Torts to Land CI 443 Housirtgir Sentence 26 USC 7609 State Statutes El 245 Tort Product Liability Accommodations 530 General El 290 All Other Real Property CI 445 Amer. Disabilities - 535 Death Penalty - HHIIUR Employment Other: CI 462 Naturalization Application CI 44-6 Amer. vt Disabilities - El 540 Mandamus Other 465 Other Iirunigration Other 550 Civil Rights Actions El 448 Education CI 555 Prison Condition El 560 Civil Detainee - Conditions of Con?nement V. {Piece an in One Hour ()nfy) 1 Original 2 Removed from 3 Remanded from El 4 Reinstated or Cl 5 Transferred from 6 Multidisttict Proceeding State Court Appellate Court Reopened District Litigation Spec: 2 (Epic LtlJieSU under which you are ?ling (De not Cirejuris'dic?mrrd unless diversity: CAUSE OF ACTION Brief description of cause: Deprivation of Liberty; False Arrest; False Imprisonment VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND CIIECK YES only if demanded in complaint: UNDER RULE 23, 600.000.00 JURY DEMAND: >31 Yes Ci No RELATED IF ANY {See iirstrircrioiisj: DOCKET NUMBER FOR OFFICE USE ONLY min; rTu OF to//5//5 (Hg/bless RECEIPT it AMOUNT APPLYING JUDGE MAG. JUDGE