Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 1 of 11 PageID #: 6 EXHIBIT A This summary sheet and the information contained herein neither replace nor supplement the tiling and service of pleadings or other papers us required by the Maine Rules of Court or by law. This form is required for the use of the Clerk of Court for the purpose of initiating or updating the civil docket. (SEE INSTRUCTIONS ON REVERSE) I. County of Filing or District Court Jurisdiction: KENNEBEC II. CAUSE OF ACTION (Cite the primary civil statutes under which you are filing, if any.) Pro se plaintiffs: If unsure, leave blank.' III. 1v V. ❑ C3 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1•1111•1010.0•10111.•••••••• NATURE OF FILING g Initial Complaint ❑ Third-Party Complaint ❑ Cross-Claim or Counterclaim ❑ If Reinstated or Reopened case, give original Docket Number (If filing a second or subsequent Money Judgment Disclosure, give docket number of first disclosure) TITLE TO REAL ESTATE IS INVOLVED MOST DEFINITIVE NATURE OF ACTION. (Place an X in one -boX only ) Pro se plaintiffs: If unsure, leave blank. GENERAL (CV) Contract C3 ❑ Contract ❑ Declaratory/Equitable Relief 0 ❑ General Injunctive Relief ❑ ❑ Declaratory Judgment 0 ❑ Other Equitable Relief C❑ Constitutional/Civil Rights ❑ ❑ Constitutional/Civil Rights Statutory Actions 0 ❑ Unfair Trade Practices ❑ Freedom of Access C3 ❑ Other Statutory Actions 0 Miscellaneous Civil 0 Drug Forfeitures CHILD PROT. CTIVE CUSTODY (PC1 Personal Injury Tort Property Negligence Auto Negligence Medical Malpractice duct Liability Assault/Battery Domestic Torts O• ther Negligence Other Personal Injury Tort Non-Personal Injury Tort Libel/Defamation Auto Negligence Other Negligence Other Non-Personal Injury Tort Other Forfeitures/Property Libels Land Use Enforcement(80K) Administrative Warrant HIV Testing Arbitration Awards Appointment of Receiver Shareholders' Derivative Actions Foreign Deposition Pre-action Discovery Common Law Habeas Corpus Prisoner Transfers Foreign Judgments Minor Settlements Other Civil Non-DHS Protective Custody SPECIAL ACTIONS (SA) Money Judgment ❑ Money Judgment Request Disclosure ❑ ❑ ❑ ❑ Title Actions Quiet Title E• minent Domain Easements B• oundaries 0 G• overnmental Body(80B) VI. REAL ESTATE(RE) Foreclosure Misc. Real Estate ❑ Foreclosure for Non-pmt(ADR exempt) ❑ Equitable Remedies ❑ Nuisance ❑ Mechanics Lien ❑ Abandoned Roads ❑ Foreclosure - Other Trespass ❑ Partition ❑ Other Real Estate ❑ Trespass ❑ Adverse Possession APPEALS (AP)(To be filed in Superior Court) (ADR exempt) ❑ Administrative Agency (80C) ❑ Other Appeals M.R.Civ.P. 16B Alternative Dispute Resolution (ADR): I certify that pursuant to M.R.Civ.P. 1613(b), this case is exempt from a required ADR process because: ❑ It falls within an exemption listed above (i.e., an appeal or an action for non-payment of a note in a secured transaction). ❑ The plaintiff or defendant is incarcerated in a local, state or federal facility. ❑ The parties have participated in a statutory prclitigation screening process with (name of neutral) on (date). ❑ The parties have participated in a formal ADR process with (name of neutral) on (date). ❑ This is a Personal Injury action in which the plaintiffs likely damages will not exceed $30,000, and the plaintiff requests an exemption from ADR. C.V.061 Rev 01 KO Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 2 of 11 PageID #: 7 VII, (a)0 PLAINTIFFS (Name & Address including county) or [3Third -Party, ❑ Counterclaim or Cross-Claim Plaintiffs The plaintiff is a prisoner in a local, state or federal facility. Blake Harwood 63 Middle Street Hallowell (Kennebec) ME 04347 (b) Attorneys(Name, Bar number, Firm name,Address, Telephone Number) If all counsel listed do NOT represent ail plaintiffs, (If pro se plaintiff, leave blank) specify wbo the listed attorney(s) represent. Stephen C. Smith Bar No. 8720 LIPMAN & KATZ,PA PO Box 1051 Augusta, ME 04332-1051 207-622-3711 VIII,( Ti DEFENDANTS (Name & Address including county) and/or Third-Party, El Counterclaim or El Cross-Claim Defendants ❑ The defendant is a prisoner in a local, state or federal facility. City. of Waterville One Common Street Waterville, ME 04901 Brian Gardiner, individually and as Police Officer Waterville Police Department 10 Colby Street Waterville, ME 04901 Joseph Massey, individually and as Chief of Police Waterville Police Department 10 Colby Street Waterville, ME 04901 Adam Sirlos, individually and as Police Officer Waterville Police Department 10 Colby Street Waterville, ME 04901 (b) Attorneys(Name, Bar number, Firm name, Address, Telephone Number) (If known) IX. RELATED CASE(S) IF ANY Assigned Judge/Justice Date: January 5. 2016 Docket Number Ste•hen C. Smith Name of Lead Attome Signature c: If all counsel listed do NOT represent all defendants, specify who the listed attorney(s) represent. ttomey or Pro se Party ro se Party Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 3 of 11 STATE OF MAINE KENNEBEC,ss PageID #: 8 SUPERIOR COURT CIVIL ACTION DOCKET NO. BLAKE HARWOOD,an individual residing in Hallowell, County of Kennebec, State of Maine, Plaintiff v. Complaint CITY OF WATERVILLE, JOSEPH MASSEY,in his official and individual capacity; BRIAN GARDINER,in his individual capacity; ADAM SIROIS,in his individual capacity; Defendants NOW COMES,Plaintiff Blake Harwood, by and through his attorney, Stephen C. Smith, Esq., and hereby submits the following complaint against Brian Gardiner, et al: L PRELIMINARY STATEMENT 1. Blake Harwood brings this action seeking relief for violations of his civil rights after being falsely arrested, subjected to excessive force, and malicious prosecution by the Waterville Police Department and Page 1 of7 Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 4 of 11 PageID #: 9 Officers Brian Gardiner and Adam Sirois; as result of these violations of his rights, Mr. Harwood was incarcerated, suffered physical injuries, emotional distress and fear, and incurred legal and medical expenses. II. PARTIES 2. At all times relevant to these claims, Blake Harwood was over the age of 18 and a resident ofthe State of Maine. 3. At all times relevant to these claims, the City of Waterville was a municipality in the State of Maine and the employer of the defendant police officers. 4. At all times relevant to these claims, Joseph Massey was the Chief of Police for the Waterville Police Department and the final policymaker for the Waterville Police Department, and responsible for the training and supervision of the police force. 5. At all times relevant to these claims, Joseph Massey was acting under the color oflaw as the Chief of Police for the Waterville Police Department and is sued in his official and individual capacity. 6. At all times relevant to these claims, Brian Gardiner was a police officer for the City of Waterville and acting under the color of state law as a police officer, and is sued in his individual capacity. 7. At all times relevant to these claims, Adam Sirois was a police officer for the City of Waterville and acting under the color of state law as a police officer, and is sued in his individual capacity. III. JURISDICTION 8. The Court has jurisdiction under 42 U.S.C. §1983,5 M.R.S. §4681 et seq., along with the common law and statutory law of the State of Maine. Page 2 of7 Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 5 of 11 9. PageID #: 10 All incidents alleged within this complaint occurred within Kennebec County, Maine. Iv. STATEMENT OF FACTS 10. Plaintiff Blake Harwood (hereinafter,"Plaintiff') is an individual residing in Hallowell, County ofKennebec, State of Maine. 11. Defendant Brian Gardiner (hereinafter,"Defendant Gardiner") is a police officer employed in that capacity with the city of Waterville, County of Kennebec, State of Maine. 12. Defendant Inland Hospital (hereinafter,"Defendant Inland") is a corporation with a principal place of business in Waterville, County of Kennebec, State of Maine. 13. Defendant John Doe (hereinafter,"Defendant Doe")is a currently unknown individual to the Plaintiff who is appropriately employed in the emergency room of Defendant Inland. 14. On or about August 5th,2014, Plaintiff went to Maine General Hospital in Augusta, Maine seeking treatment for an eye infection, fungal rash, shortness of breath, dizziness and nausea. 15. While at Maine General Hospital Plaintiff was initially seen by nurse Jenna Marie Boulrissie. 16. After being maltreated by nurse Boulrissie and locked in a room at the hospital without legal authority and subsequently released. Plaintiff decided to go to Defendant Inland's facility in Waterville Maine. 17. Upon arriving at Defendant Inland's Emergency Room at approximately 9pm,Plaintiff was unable to locate anyone to assist him. 18. Feeling overwhelmed by his medical condition Plaintiff lay down on the floor ofthe Emergency Room. 19. John Doe, a person apparently employed by Defendant Inland in the Emergency Room found the Plaintiff. Page 3 of7 Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 6 of 11 PageID #: 11 20. Upon finding Plaintiff on the floor, Doe stated words to the effect of"If you don't get offthe floor, fuck yourself'. 21. Shortly after being spoken to by Doe, Defendant Gardiner and Officer Adam Sirois arrived in uniform,in his capacity as a Waterville Police Officer. 22. Immediately after arriving on the scene and, without provocation from the Plaintiff, Defendant Gardiner assaulted the Plaintiff by kicking him and kneeing him in the neck while calling him a "pussy". 23. As the Defendant's cuffed the Plaintiff, Defendant Gardiner unnecessarily tightened the handcuffs saying words to the effect of"is that tight enough pussy?" 24. In placing the Defendant in the car Defendant Gardiner threatened the Plaintiff by stating "don't cry pussy or I will mace you". 25. Defendant City of Waterville failed to adequately supervise Defendant Gardiner. 26. Defendant City of Waterville was negligent in training Defendant Gardiner. 27. Plaintiff suffered injuries to his neck and wrist as a result of Defendant's negligence. 28. Plaintiff suffered as a result ofthe Defendant's violation of his civil rights. 29. Plaintiff suffered injuries to his mental health. Page 4 of7 Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 7 of 11 PageID #: 12 V. CLAIMS FOR RELIEF COUNT ONE FALSE ARREST (Pursuant to 42 U.S.C.§1983 and Fourth Amendment of U.S. Constitution and 5. M.R.S.§4682 and Article 1 §5 ofthe State ofMaine Constitution) 30. The Plaintiff incorporates all previously alleged paragraphs as if alleged herein. 31. Officers Gardiner and Sirois arrested Mr. Harwood without a warrant or any probable cause to believe he committed any crime. 32. The Waterville Police Department and Joseph Massey failed to properly train and supervise Officer Gardiner and Officer Sirois in the proper procedure and determination ofprobably cause before making an arrest. 33. As a direct and proximate result of the false arrest, Mr. Harwood's right to be free from arrest absent probable cause was violated, and he suffered a loss of liberty, pain and suffering, physical injuries, medical expenses, legal expenses, fear and anxiety, and emotional distress. COUNT TWO EXCESSIVE FORCE (Pursuant to 42 U.S.C.§1983 and Fourth Amendment of U.S. Constitution and 5. M.R.S.§4682 and Article 1 §5 ofthe State ofMaine Constitution) 34. The Plaintiff incorporates all previously alleged statements as if alleged herein. 35. Officer Gardiner and Officer Sirois used an excessive and unreasonable level offorce against Mr. Harwood in conducting the arrest. Page 5 of7 Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 8 of 11 PageID #: 13 36. Mr. Harwood was not resisting arrest or using or threatening any physical force against the officers at any point during their encounter. 37. The Waterville Police Department and Joseph Massey failed to properly train and supervise Officer Gardiner and Officer Sirois in the proper use offorce in effectuating an arrest. 38. As a direct and proximate result ofthe excessive use offorce, Mr. Harwood's right to be free from the excessive and unreasonable use of force was violated, and he suffered a loss ofliberty, pain and suffering, physical injuries, medical expenses, legal expenses, fear and anxiety, and emotional distress. COUNT THREE MALICOUSPROSECUTION (Pursuant to 42 U.S.0 S 1983 and Fourth Amendment of United States Constitution and Common Law ofthe State ofMaine) 39. The Plaintiff incorporates all previously alleged statements as if alleged herein. 40. The Defendant police officers acted maliciously in charging Mr. Harwood with criminal conduct in this matter as the officers knew or should have known there was no probably cause to support the charges. 41. The Waterville Police Department and Joseph Massey failed to implement a policy or custom to review the charges brought by its officers to assure probable cause existed before the charged proceeded. 42. As a direct and proximate result of the excessive use offorce, Mr. Harwood's right to be free from the excessive and unreasonable use of force was violated, and he suffered a loss of liberty, pain and suffering, Page 6 of7 Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 9 of 11 PageID #: 14 physical injuries, medical expenses, legal expenses, fear and anxiety, and emotional distress. VI. REQUEST FOR RELIEF 43. As a result of the above constitutional violations the Plaintiff requests the following relief: i. Compensatory damages; ii. Punitive damages; iii. Attorney fees and costs pursuant to 42 U.S.C. § 1988, and 5 M.R.S. § 4683; iv. And all other monetary and equitable relief the Court finds appropriate. DATED: January 5, 2016 n C. Smith Bar No. 8720 Attorney for Plaintiff LIPMAN & KATZ,PA P.O. Box 1051 Augusta, Maine 04332 (207)622-3711 Page 7 of7 Case 1:16-cv-00039-NT Document 1-2 Filed 01/26/16 Page 10 of 11 PageID #: 15 SMAI