CASE Documentl Filed 02/03/11 Dem 379 UNITED STATES DISTRICT COURT a DISTRICT OF MINNESOTA Plaintiff(s), vs. Case No. (To be assigned by Clerk of District Court) O?F?Flt?r 3t.? CnS?f?. l/me Lehman Dng?tn Th? (fix DENLAND FOR JURY TRIAL YESQE no; Defendant(s). (Enter the full name(s) of ALL defendants in this lawsuit. Please attach additional sheets if necessary). COMPLAINT PARTIES 1. List your name, address and telephone number. Do the same for any additional plaintiffs. a. Plaintiff Ed CLO of Name 3 2 Cam Street Address 01:) (Z, f; f? County? City .5 StateSaZipCode W- iflj {l 3 lell Telephone Number 1' Il" CASE Document 1 Filed 02/03/11 Page 2 of 8 2. List all defendants. You should state the full name of the defendant, even if that defendant is a government agency, an organization, a corporation, or an individual. Include the address where each defendant may be served. Make sure that the defendant(s) listed below are identical to those contained in the above caption. 3.. Defendant No. 1 Name Siren 56F StreetAddress :30 FAY \Q?g Ade County, City Hf, WM 2 6 id State a Zip Code Name Mano Lebm Street Address PO r-T' Cm A _A\l Q. County, City Hgmw} lcmcag State& Zip Code MN 0. Defendant No. 3 Name a StreetAddress County,City Han?) State&ZipCode NOTE: IF THERE ARE ADDITIONAL PLAINTIFFS OR DEFENDANTS, PLEASE PROVIDE THEIR NAl?leS, ADDRESSES ON A SEPARATE OF PAPER. Check here if additional sheets of paper are attached: Please label the attached sheets of paper to correspond the appropriate numbered paragraph above (eg. Additional Defendants etc.) CASE Document 1 Filed 02/03/11 Page 3 of 8 JURISDICTION Federal courts are courts of limited jurisdiction. Generally, two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. 1331, a case involving the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. 1332, a case in which a citizen of one state sues a citizen of another state and the amount of damages is more than $75,000 is a diversity of citizenship case. 3. What is the basis for federal courtjurisdiction? (check that apply) ?lFederal Question DDiversity of Citizenship 4. If the basis for jurisdiction is Federal Question, which Federal Constitutional, statutory or treaty right is at issue? If more than one, list each. 5. If the basis for jurisdiction is Diversity of Citizenship, what is the state of citizenship of each party? Each Plaintiff must be diverse from each Defendant for diversity jurisdiction. Plainti?" Name: State of Citizenship: Defendant No. 1: State of Citizenship: Defendant No. 2: State of Citizenship: Attach additional sheets of paper as necessary and label this information as paragraph 5. Check here if additional sheets of paper are attached. 6. What is the basis for venue in the District of Minnesota? (check :11! that appfy) Defendant(s) reside in Minnesota l:lFacts alleged below primarily occurred in Minnesota Other: explain STATEMENT OF THE CLAIM Describe in the space provided below the basic facts of your claim. The description of facts should i1\clude a Specific explanation of how, where, and when each of the defendants named in Uo?cwm ?Roi warrant. CASE Document 1 Filed 02/03/11 'Page 4 of 8 the caption violated the law, and how you were harmed. Each paragraph must be numbered separately, beginning with number 7. Please Write each single set of circumstances in a separater numbered paragraph. 7' (adieul?/ an). l?cre 53m mt Attach additional sheets of paper as necessary. Check here if additional sheets of paper are attached: Please label the attached sheets of paper to as Additional Facts and continue to number the paragraphs consecutively. REQUEST FOR RELIEF State What you want the Court to do for you and the amount of monetary compensation, if any, you are seeking. 613* Lil Olg, 61+ lo (abet. CASE Document 1 Filed 02/03/11 Page 5 of 8 Signed this 15th day of January, 2009. Signature of Plaintiff 61% MC 5 Mailing Address 0 aloe ?ee, bf. lth?dQl/m 493 Telephone Number Note: All plaintiffs named in the caption of the complaint must date and Sign the complaint and provide hisfher mailing address and telephone number. Attach additional sheets of paper as necessary. CASE Document 1 Filed 02/03/11 Page 6 of 8 UNITED STATES DISTRICT COURT OF MINNESOTA Billy McCoy, Plaintiff, v. Of?cer Bill Stanger, Of?cer Kevin Lehman, Of?cer Schwarze, and the City of Rich?eld Defendants. Complaint Alleging Unlawful Arrest 1. Plaintiff Billy E. McCoy is a resident of Rich?eld Minnesota. Defendants Of?cer Bill Stanger, Kevin Lehman, and Dustin Schwarze are employed as police of?cers by the city of Rich?eld Minnesota. 2. This action is brought for damages and other appropriate relief under 42 1983 for violation of the Plaintiffs? civil rights under the color of state law. 3. Jurisdiction is conferred upon this court by 28 and 28 U.S.C (3). Venue of this action is proper under 28 1391(b). 4. On or about April 10, 2009 at approximately 2:40 pm, the said of?cers forcibly entered the resident of a third-party without a search warrant, without arrest warrant, and without third party consent and arrested Plaintiff for trespassing. Plaintiff was taken by Defendants to the Hennepin County jail where Plaintiffs? detention lasted approximately seventeen hours. 5. Plaintiff was discharged for lack of probable cause and no further criminal proceedings are pending against plaintiff. CASE Document 1 Filed 02/03/11 Page 7 of 8 6. Plaintiff allege that he was arrested without probable cause by Defendants who, under available facts, abused their position as of?cers of the law in order to forcibly recruit Plaintiff as a police informant, despite Plaintiff expressed refusal. When Plaintiff complained to Defendants? superiors, these Defendants began a malicious campaign of threats, harassment, random searches, and arrests to pressure Plaintiff into such role. 7. Defendants further targeted Plaintiffs? friends, falsi?ed police reports, and conspired with a private citizen in a continuous and unbroken sequence of unlawful searches, intimidation and phone threats lasting for over three years. 8. Plaintiff alleges that such arrests were a pretext for the purpose of recruiting Plaintiff into the role of police informant, and when Plaintiff re?ised, Defendant arrested, harassed, illegally searched the residence of Plaintiffs? associates questioned Plaintiffs? neighbors and made multiple threats, randomly and wantonly Visited Plaintiffs? home for the said purpose for exerting state pressure. 9. As a result of the above described police actions and customs, police of?cers of the city of Rich?eld, including the Defendant of?cers, believed that their actions would not be properly monitored by supervisory of?cers and that misconduct would not be investigated or sanctioned, but would be tolerated. 10. Plaintiff explicitly complained to Defendant of?cer?s superiors; the gross indifference on the part of the policy makers of the city of Rich?eld demonstrated indifference to the constitutional rights of person within the city and were the cause of the violation of Plaintiff rights alleged herein. 11. Plaintiff has and continues to suffer loss of wages, humiliation, public ridicule, loss of personal reputation, emotional trauma and fear of these Defendants and their superiors as a consequence of being unlaw?Jlly arrested on criminal charges. CASE Document 1 Filed 02/03/11 Page 8 of 8 12. Wherefore, Plaintiff pray that as a matter of law, judgment be found against these defendants in the amount of $95,000 for compensatory damages as well as punitive damages together with such other relief as the Court may deem appropriate to deter similar misconduct. Damil?bml time/5% Billy 900 Rae 8 Rich?eld Minnesota 55423 612-559-5348 CASE Document 1-1 Filed 02/03/11 mm (mm CIVIL COVER SHEET 09W The 13 44 civil cover sheet and the information contained herein neither Ic lace nor supplement the ?ling and service of pleadin or other apers as re uired by law, exceptas provided by local rules of court. This form, approved by the Judicial Conference the United the civ1l docket sheet INSTRUCTIONS ON THE REVERSE OF THE FORM.) tates in September 1974, is requued for use of Clerk of unit for the purpose of initiating I. PLAINTIFFS DEFENDANT C.) ?11 County of Residence of First Listed Plaintiff 0 County of Residence of First Listed Defendant (EXCEPT us. murmurs (IN us. PLAINTIFF NOTE: IN LAND COWMATION magni?er: THE LUCA THE I 3? is") LAND in": r" fl I. Attorney?s (Firm Name. Address, and Telephone Number) Attorneys (IfKnown) 5 0 (3, af?x?, Cf Q, 0.9! a II. BASIS OF JURISDICTION an in One Box Only) CITIZENSHIP 0F PRINCIPAL Box for Plain??' (For Diversity Cases Only) and One Box for Defendant) 1 us. Government Federal Question - PTF DEF Plaintiff (US. GOVemment Not a Party) Citizen of This Sta: Incorporated or Principal Plane 4 4 of Business In This State Cl 2 U.S. Government [3 4 Diversity Citizen ofAnother State Cl 2 E3 2 Incorporated andPrincipal Place 5 Cl 5 Defendant [Indium Ci . hip of Pm?cs in ?cm In] of Busmess In Ano?rer State Citizen or Subjed of a 3 3 Foreign Nation 6 Cl 6 Foreign Country seesaw 4-4 . . PERSONAL INJURY El 610 Agricululrc Cl 422 Appeal 28 USC 153 400 State Reapportionment 120 Marine 310 Airplane El 362 Personal Injury - CI 620 Other Food Drug 423 Withdrawal Cl 410 Antitrust 130 Miller Act 315 Airplane Product Med. Malpractice El 625 Drug Related Seizure 28 use 157 430 Banks and Banking 140 Negotiable Instrument Liability El 365 Personal Injury - of Property,r 21 USC 381 El 450 Commerce 150 Recovery of Overpayment CI 320 Assault, Libel Sc Product Liability [3 630 Liquor Laws ., . . CI 450 Deportation SeEn?JreementofJudgment Slander 368 Asbestos Personal CI 640 RR. ?5 Truck 820 Copyrights 470 Racketeer In?uenced and El 151 Medicare Act El 330 Federal Employers? Injury Product El 650 Airline Regs. Cl 830 Patmt . Corrupt Organizations 152 Recovery of Defaulted Liability Liability CI 660 Oeeupa?oml 840 Trademark CI 430 Consumer Credit CI 340 Marine PERSONAL PROPERTY Safetnyicalth El 490 Cable-Eat TV [ExeL Veterans) 345 Marine Product 3'70 Diner Fraud Cl 690 Other El 819 Selective Service 153 Recovery ovaerpayment Liability [1 371Tru1h inLeoding .- .. .. . i -- El 350 Securi?estommodi?tiesa? ofVeternn' 5 Bene?ts 350 Motor Vehicle Cl 330 Other Personal Cl 7 10 Fair Labor Standards 851 (139511) Exchange Cl 150 Stockholder-5? Suits Cl 355 Motor Vehicle Property Damage Act Cl 362 Black Lung (923) El 875 Customer Challenge CI 190 Other Contact Product Liability Cl 385 Property Damage Cl 720 laborthan Relations 353 (405(5)) 12 USC 3410 195 Conn-act Product Liability 360 Other Personal Product Liabth 730 CI 864 SSID Title El 890 O?Haer Seneca-y Actions 196 Franchise 3L Disclosure Act 865 R31 405 El 891 Apr-in?nite] Acts . . . . - . CI 740 Railway Labor Act 4 .. -. El 892 Economic Stabiliza?on Act 210 Land Condemnati 441 SID Motions to El 790 Odie-r Labor Litigation 870 Taxes (US. Plainti? El 893 Emv-imnmental Matters 220 Foreclosure Cl 442 Employment Sentence [3 791 Empl. Ret. Inc. or Defendant) El 394 Energy A?oca?on Act El 230 Rent Lease IS: Ejectlnent El 443 Housing} Habeas Corpus: Security Act El 871 [RS-mm Party I3 895 Freedom of Information 240 Torts to Land. Accommodations Cl 530 Genenl 26 USC 7609 Act El 245 Tort Product Liala'lity Cl 444 Welfare [1 535 Death Penalty .. 1:1 9DDAp'pcnl of Fee Determination 290 All Other Real Property CI 445 Amer. w/Disabili?ties - 540 Niandamns Other 462 tion Application Under Equal Access Employment 13 550 Civil Rights 463 Haheas Corpus - to Justice El 446 er. Wa?Disabilities 555 Prison Condition Alien Detainee El 950 Constinitionality of 465 Other Immigration State seams 440 Other Civil Rights Actions V. IN (Place an in One Box Only) AP cal to Dishict Original 2 Removed from {3 3 Remanded from [3 4 Rentstated or :1 5 l3 5 Multidistrict 7 1 SF Proceeding State Court Appellate Court Reopened 336551;) 15mm; Litigation ?ag? Cite ?re US. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description ofcause: EL a 5? AK. 0 V11. REQUESTED IN I3 CHECK IF THIS IS A CLASS ACTION DOD CHECKYES only if dammed plaint: COMPLAINT: UNDER 23 JURY DEMAND: e5 [3 No RELATED IF ANY mummy JUDGE Slag); CA DOCKETNUMBER Val?) ?smiq?gtti?iiwcm 0? VI. CAUSE OF ACTION 1103 OFFICE USE ONLY RECEIPT ii! AMOUNT APPLYING IFP JUDGE 1 MAG. JUDGE I I lo '5 a i "12.33510? on: or Me: .