IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
XAVIER HOWARD,
Plaintiff
v.
CHRIS KENNEDY, Individually,
CITY OF ROCKWOOD,
SARGEANT RANDY KEAHY,
Individually and in his
official capacity,

)
)
)
)
)
)
)
)
)
)
)
)

CASE NO:
JURY TRIAL DEMANDED

The law is reason free from passion. Aristotle
COMPLAINT FOR DAMAGES
COMES NOW, Plaintiff Xavier Howard, by and through undersigned counsel,
and files this, his Complaint for Damages.
PARTIES, JURISDICTION AND VENUE
I.

PLAINTIFF

1.

At all times material hereto, Plaintiff Xavier Howard, a college student on

scholarship, was living in Roane County, Tennessee, and lawfully on the premises
leased to Brandy Harris at Meadows Place Apartments, Rockwood, Roane County,
Tennessee 37854.
II.

DEFENDANTS

2.

At all times material hereto, Defendant City of Rockwood was a political

governmental entity in Tennessee with its principal place of business being Municipal
Services Building, 110 N. Chamberlain Avenue, Rockwood, Roane County, Tennessee
37854.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 1 of 18 PageID #: 1

 3.

At all times material hereto, the City of Rockwood maintained a police

department, which operated out of Rockwood Police Department,
115 N. Front St., Rockwood, TN 37854 and whose jurisdiction included the Meadows
Place Apartments in Rockwood, Tennessee. That Police Department maintained certain
Policies and Procedures, attached hereto and incorporated herein as Exhibit “A”.
4.

At all times material hereto Sargeant Randy Keahy was on the scene and

was Defendant Chris Kennedy’s immediate supervisor. Sargeant Keahy was employed
by the City of Rockwood Police Department/City of Rockwood and acting under color of
law.
5.

At all times material hereto, Chris Kennedy was employed by the City of

Rockwood Police Department/City of Rockwood and acting under color of law.
6.

At all times material hereto, Kennedy and Keahy were in uniform and

equipped with “body cams” which recorded their encounter with Plaintiff Howard and his
girlfriend, Brandy Harris.
VENUE AND JURISDICTION
7.

This is a civil action for money brought under the Fourth and Fourteenth

Amen Fourteenth Amendments to the United States Constitution; under Federal Law
pursuant to the Civil Rights Act of 1964 as amended, 42, U.S.C.A. § 1983 et seq. for
violations of the Constitutional Rights of Plaintiff Xavier Howard. This Court has original
Federal question jurisdiction over Plaintiff’s 42 U.S.C. § 1983 claims pursuant to 28
U.S.C.§ 1331
8.

The actions and failures to act giving rise to Plaintiff’s claims all occurred

in Roane County, in the Eastern District of Tennessee, making venue in the Eastern

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 2 of 18 PageID #: 2

 District of Tennessee the proper venue as to all defendants pursuant to 28 U.S.C. §
1391 (b) and therefore this Court has jurisdiction over these claims and are within the
jurisdictional limits of this Court.
9.

Venue is proper in this Court because the cause of action arose in Roane

County, in the Eastern District of Tennessee.
WAIVER OF IMMUNITY
10.

Immunity of City of Rockwood has been waived pursuant to T.C.A. 29-20-

205 for certain negligent acts or omissions of its employees. As to other enumerated
acts of negligence or omission set forth in T.C.A. 29-20-205 (1) through (9), such
immunity has not been waived and therefore the employee has no immunity. The
employees have no immunity under the GTLA for civil rights violations.
11.

There is no immunity for conduct by a municipal employee, which arises

out of misrepresentation by that employee whether negligent or intentional, or is willful,
wanton or the equivalent of gross negligence. T.C.A. 29-20-205 (6). There is no
immunity for individuals for their own criminal conduct, or for conduct that is willful or
malicious.
GENERAL FACTUAL ALLEGATIONS
12.

At all times material hereto, Plaintiff was a twenty plus year old black

student at Roane State Community College, attending on a basketball scholarship.
Without a scholarship, Plaintiff was unable to afford to attend college.
13.

At all times material hereto, Plaintiff’s girlfriend, Brandy Harris, was also a

student at Roane State Community College, and worked part time in a nursing home.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 3 of 18 PageID #: 3

 14.

On July 4, 2015, Plaintiff and Brandy Harris had been at Plaintiff’s

grandmother’s home all evening.
15.

After midnight, on July 5, 2015, Plaintiff and his girlfriend returned to

Harris’ apartment.
16.

At just after midnight on July 5, 2015, a caller called 911 to report people

in the complex arguing. Defendant Chris Kennedy went to apartment 206, as he had
been advised, knocked on the door of 206 and identified himself as a police officer;
when no one answered the door, Defendant Kennedy went up to the next floor asking
residents if anyone up on that floor was fighting. Upon receiving a report by residents
that no one there was fighting Defendant Kennedy went to the ground floor of Harris’
apartment building while wearing a “body cam” that was activated.
17.

As Defendant Kennedy approached the door of Harris’ apartment, a small

dog was heard barking.
18.

Kennedy knocked on the door and Harris partially opened the door. Within

moments, Kennedy had pushed Harris’ door all the way open, ordered Harris out of the
way, and when she stepped to Kennedy’s left trying to explain the situation to him,
Kennedy pepper-sprayed Plaintiff, despite the fact that Plaintiff had done nothing, had
complied with Kennedy’s commands while attempting to shield his eyes from the
flashlight Kennedy pointed directly into Plaintiff’s eyes.
19.

Despite the fact that Plaintiff had done nothing wrong, and despite the fact

that Harris had advised Kennedy that Plaintiff had done nothing to her and they were
having a “stupid argument”, and in spite of the fact that Harris had no signs of injury,
Kennedy handcuffed Plaintiff and placed Plaintiff in the police car.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 4 of 18 PageID #: 4

 20.

When asked why he was being handcuffed, Plaintiff was told by Kennedy

that it was because Plaintiff was “resisting”.
21.

Approximately 7:45 minutes from the time of Kennedy’s arrival, Plaintiff

was in the back of Kennedy’s patrol car and when Plaintiff asked what was he being
arrested for, Kennedy advised Plaintiff “I’m gonna figure it out”.
22.

After conferring with Defendant Keahy, Kennedy’s supervisor who had

arrived on the scene, Keahy advised that Plaintiff was under arrest for domestic
violence, in spite of the fact that Harris has specifically advised that Plaintiff had done
nothing to her.
23.

Nine and a half minutes from the time that he arrived at the complex,

Kennedy began the cover-up of his unlawful actions. Kennedy lied to Keahy about
Plaintiff’s actions immediately prior to Keahy’s arrival, claiming that Plaintiff was
charging at Kennedy with his hands up when Kennedy sprayed Plaintiff with what is
often referred to as Pepper Spray, but which is referred to in the Rockwood Police
Department Manual as “OC” (oleoresin capscicum)
24.

Twelve and a half minutes from the time of Kennedy’s arrival at the

apartment complex, he can be heard to ask his supervisor, Defendant Keahy “what can
I get him for?”
25.

Even though Defendant Keahy had reason to know that Defendant

Kennedy had intentionally misled him about a part of the “story”, Keahy never himself
spoke to Plaintiff about what happened nor would he listen and allow Harris to tell
Keahy what had happened prior to his arrival on the scene.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 5 of 18 PageID #: 5

 26.

It was Defendant Keahy who instructed that Plaintiff be arrested for

domestic violence and taken to jail.
27.

When Plaintiff was booked into the Roane County Jail, he was charged

with Domestic Violence and Underage Consumption of Alcohol. At arraignment the
Domestic Violence charge was dismissed and Plaintiff was required to post a Seven
Hundred and Fifty Dollar ($750.00) Bond in order to get out of jail. See Attached Exhibit
“B” incorporated herein.
28.

Plaintiff was required to hire a criminal attorney to defend him on the

charges at a cost of Five Thousand Dollars ($5,000.00).
29.

As a result of this incident, Plaintiff lost his scholarship and when neither

he nor his family could continue to afford his tuition, Plaintiff was forced to drop out of
college.
30.

Throughout this encounter, Harris continued to attempt to get the police

officers to listen to her and she continually advised them that Plaintiff was on a
basketball scholarship and would lose his scholarship if arrested.
31.

During the course of handcuffing Plaintiff, Defendant Kennedy forced

Plaintiff down and placed a knee in Plaintiff’s back, causing injury.
32.

As Plaintiff was being dragged/pushed up the stairs and to Kennedy’s

patrol car, Plaintiff’s foot was injured requiring medical treatment and recuperation when
he was released from jail.
Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the state wherein they reside. No state

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 6 of 18 PageID #: 6

 shall make or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
COUNT I
VIOLATION OF PLAINTIFF’S FOURTEENTH AMENDMENT DUE PROCESS RIGHTS
BY DEFENDANT KENNEDY
33.

Plaintiff re-alleges the allegations contained in paragraphs 1-32, inclusive.

34.

There was not only no probable cause to arrest Plaintiff for Domestic

Violence, there was affirmative evidence available to Defendant Kennedy that probable
cause did not exist at the time that he placed Plaintiff in custody and subsequently
under arrest.
35.

Notwithstanding the clear lack of probable cause, Defendant Kennedy

arrested Plaintiff and booked him into the jail.
36.

This arrest was a pretext to cover the fact that the Defendant had used

excessive force on Plaintiff prior to the “arrest” and Defendant Kennedy lied in his report
in an attempt to justify the arrest and to cover up Defendant Kennedy’s own
unconstitutional conduct. Defendant Kennedy knew at the time that he placed Plaintiff
under arrest for Domestic Violence that there was no evidence to support that charge
and therefore he falsified his report and version of events in an attempt to justify the
arrest to cover the fact that he had unlawfully pepper-sprayed Plaintiff. Such a
fabrication was a constitutional tort in that it violated Plaintiff’s right to due process, and
such right to be free from falsified evidence was a clearly established right as of July 5,
2015.
37.

Defendant Kennedy claimed that he pepper sprayed Plaintiff because

Plaintiff was “charging at me”, when the truth was exactly the opposite as borne out by

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 7 of 18 PageID #: 7

 the video from Kennedy’s body camera. Discharging a chemical weapon under the
circumstances present at the time was a clear violation of the written policies and
procedures established by Kennedy’s employer, and constituted the excessive use of
force. Kennedy lied in his report to cover up those facts, a clear indication that he
understood that his conduct was unlawful and unconstitutional.
38.

On July 5, 2015 Defendant Kennedy by his sworn lies, caused a Warrant

to issue for the arrest of “Underage Consumption” when there was no probable cause to
believe that the Plaintiff had consumed alcohol and such charge was predicated on the
false statements by Defendant Kennedy and plainly a pretext. See attached Exhibit “C”
incorporated herein. On July 6, 2015, Defendant Kennedy again perjured himself in his
“Affidavit of Complaint” in order to ensure that Plaintiff would be forced to face charges
for something by repeating the lies Defendant Kennedy had told the day before. See
attached Exhibit “D” incorporated herein.
39.

As a result of Kennedy’s lies, Plaintiff was arrested for Domestic Violence

and when the Domestic Violence charge was dropped Defendant Kennedy charged with
“Underage Consumption” causing Plaintiff to incur damages in the form of costs of bail,
costs of an attorney and the loss of a valuable scholarship to college, without which he
was unable to afford to attend college and was forced to drop out.
40.

According to the U.S. Census Bureau, American Community Survey,

2010-2014, the value of a bachelor’s degree versus some college was $50,515 per year
versus $33,988 per year.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 8 of 18 PageID #: 8

 41.

In addition to his financial losses, Plaintiff has suffered humiliation and

shame at being wrongly arrested, as well as loss of the capacity for the enjoyment of
life.
WHEREFORE, Plaintiff demands judgment against Defendant Kennedy,
individually for subjecting him to a false arrest based upon false information provided by
Defendant Kennedy. Plaintiff demands judgment in the amount of $731,000 for the loss
of his college scholarship and his earnings over his work life, $5,750 for the costs of his
criminal defense, and $500,000.00 for his humiliation and suffering caused by his false
arrest, costs of this action and reasonable attorneys fees pursuant to 42 U.S.C. § 1988,
prejudgment and post judgment interest.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.
COUNT II
EXCESSIVE USE OF FORCE BY DEFENDANT KENNEDY
42.

Plaintiff re-alleges the allegations contained in paragraphs 1-32, inclusive.

43.

During the encounter between Plaintiff and Defendant Kennedy, while in

the uniform of the City of Rockwood Police Department and acting under color of State
law, Defendant Kennedy willfully, and maliciously sprayed “pepper spray” into Plaintiff’s
eyes, nose and mouth, blinding Plaintiff and causing his immediate inability to breath
without pain.
44.

The unwarranted use of pepper spray constitutes a constitutional violation

of the rights of a citizen; the constitutional right not to be subject to an unreasonable

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 9 of 18 PageID #: 9

 search and seizure by the unwarranted use of chemical weapons was clearly
established at the time of the events set forth in this complaint and any reasonable
officer would have known that the use of a chemical weapon under these circumstances
was unreasonable and unconstitutional.
45.

At the time that Plaintiff was sprayed with the chemical weapon, he was

not under arrest, he was not resisting arrest, there was no probable cause to arrest him,
nor did he present any danger to Defendant Kennedy or any other person and thus the
use of the chemical weapon was unreasonable as demonstrated by the videotape of the
encounter recorded by Defendant Kennedy’s body camera. As a result, Defendant
Kennedy is not entitled to qualified immunity for these unconstitutional actions.
46.

Within three minutes of arriving at the apartment complex, Defendant

Kennedy had used the chemical weapon on Plaintiff and when asked by Plaintiff
thereafter if Plaintiff was under arrest, Defendant Kennedy said “I’m gonna figure it out.”
During the process of handcuffing Plaintiff, Defendant Kennedy forced Plaintiff to the
ground and drove his knee into Plaintiff’s back causing Plaintiff injury. During the
process of pushing, dragging Plaintiff to the police vehicle, Defendant Kennedy caused
Plaintiff to injure his foot requiring medical care and attention for which Plaintiff was
required to pay.
47.

Such use of force was unnecessary and unconstitutional.

48.

Later, Defendant Kennedy’s supervisor, Defendant Keahy, arrived and

was told by Defendant Kennedy that Plaintiff had charged at Kennedy, forcing him to
utilize the chemical weapon, which was a lie.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 10 of 18 PageID #: 10

 49.

Defendant Kennedy, nearly ten minutes after utilizing the chemical

weapon on Plaintiff, consulted with Defendant Keahy to find out “what can I get him
for?” However, Defendant Kennedy had already placed Plaintiff under arrest and so his
statement demonstrates his understanding that he did not have probable cause to make
the arrest of Plaintiff.
50.

Plaintiff suffered temporary blindness, pain in his mouth, nose, and lungs,

fear of what could happen to him with his senses disabled at the hands of Defendant
Kennedy, who was prepared to lie and physically abuse the Plaintiff in order to make an
arrest for something to cover his unlawful actions.
WHEREFORE Plaintiff demands judgment against Defendant Kennedy for
battery in the amount of $50,000.00 dollars in compensatory damages and $500,000.00
in punitive damages, costs of this action and reasonable attorneys fees pursuant to 42
U.S.C. § 1988, prejudgment and post judgment interest.
COUNT III
FAILURE TO TRAIN AND/OR SUPERVISE
BY DEFENDANT RANDY KEAHY
51.

Plaintiff re-alleges the allegations contained in paragraphs 1-32, inclusive.

52.

As Defendant Kennedy’s direct supervisor on the night in question,

it was Defendant Keahy’s obligation to train and/or supervise Defendant Kennedy’s
actions during the encounter with Plaintiff so as to avoid the use of excessive force and
the gratuitous infliction of pain on a suspect.
53.

Defendant Keahy was made aware immediately upon arrival that

Defendant Kennedy had pepper sprayed Plaintiff.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 11 of 18 PageID #: 11

 54.

The policies and procedures for the City of Rockwood Police Department

required that:
a.

Suspects who had been pepper sprayed should be
continuously monitored for indications of medical problems
and “shall not be left alone while in police custody”; and

b.

Officers should provide assurance to suspects who
have been sprayed that the effects are temporary; and

c.

Once the suspect has been restrained the officer “shall
assist him by rinsing and drying the exposed area”.

55.

Defendant Keahy knew that Defendant Kennedy had placed Plaintiff in the

back of a police car, leaving him alone, after having pepper sprayed him.
56.

Defendant Keahy knew that Plaintiff was begging for someone to wipe his

face or give him water to wash his face after having been sprayed, and yet not only did
Defendant Keahy ignore those pleas, he stood by and allowed Defendant Kennedy to
ignore those pleas in direct violation of the mandates of the policies and procedures
manual for the City of Rockwood Police Department.
By his failure to act or intervene to alleviate the suffering of Plaintiff, Defendant Keahy
implicitly authorized, approved or knowingly acquiesced in the unconstitutional conduct
of Defendant Kennedy.
57.

Defendant Keahy knew that Plaintiff was suffering as a result of the

pepper spraying, and that he was handcuffed and in a police vehicle alone. Keahy’s
failure to order Defendant Kennedy to comply with the requirements of the policies and
procedures set forth above in paragraph 54 or to himself comply with that portion of the

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 12 of 18 PageID #: 12

 policies and procedures, amounted to the willful, gratuitous infliction of pain and
suffering on Plaintiff which was malicious and sadistic.
58.

Defendant Keahy had ample opportunity to consider/deliberate his actions

and inactions before electing to allow Plaintiff to continue to suffer.
59.

Such gratuitous infliction of pain by a law enforcement officer shocks the

conscience and violates the Fourteenth Amendment to the Constitution of the United
States. Further it was malicious, and willful sufficient to support the imposition of
punitive damages.
60.

The gratuitous infliction of pain on a suspect was a clearly established

constitutional violation at the time of the events set forth in this complaint, and a
reasonable officer would have known that at the time.
61.

As a result of Keahy’s failure to supervise or train Defendant Kennedy,

Plaintiff suffered physical injury and pain, economic losses and shame, humiliation, fear
and self-loathing.
WHEREFORE Plaintiff demands judgment against Defendant Keahy in the
amount of $50,000.00 dollars in compensatory damages and $500,000.00 in punitive
damages, costs of this action and reasonable attorneys fees pursuant to 42 U.S.C. §
1988, prejudgment and post judgment interest.
COUNT IV
FAILURE TO TRAIN OR SUPERVISE BY CITY OF ROCKWOOD
62.

Plaintiff re-alleges paragraphs 1-32, inclusive.

63.

Domestic disturbances are frequently the basis for calls to the police

department for investigation.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 13 of 18 PageID #: 13

 64.

T.C.A.§ 36-3-619 sets forth the factors for a law enforcement officer to

consider prior to making an arrest in a “domestic abuse” case.
65.

Those factors require an investigation into who was the primary

aggressor.
66.

The City of Rockwood has failed to adequately train its police officers in

the necessity for a proper investigation, and the factors to be considered prior to
determining who was the primary aggressor in a domestic case, and the rights of the
person the officer determines to be the victim.
67.

The failure to adequately train officers in the proper handling of domestic

abuse/violence cases where such cases are frequent call outs for the police officers,
presents the obvious potential for false arrests.
68.

By failing to adequately train Defendants Kennedy and Keahy as to the

proper manner in which to investigate, document and determine who was the primary
aggressor so as to form a basis for a lawful arrest, the City of Rockwood was reckless
or grossly negligent, creating the environment whereby misconduct on the part of the
police officers was substantially certain to occur, and citizens would be wrongfully
arrested.
69.

In addition, the City of Rockwood’s complete failure to train police officers

and their supervisors as to how to investigate and handle stressful encounters with the
public so as to avoid inciting violence themselves, and how to interact with the public in
a professional and respectful manner so as to enable the officer to make a
dispassionate review of the facts prior to making a decision to take someone into

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 14 of 18 PageID #: 14

 custody was so completely reckless that it was inevitable that constitutional violations
would result.
70.

A review of the body camera video of Defendant Kennedy’s encounter

with Plaintiff reveals that Kennedy not only approached the investigation into the
circumstances between Plaintiff and Harris with bias and a pre-disposition to arrest
Plaintiff, Kennedy actually inflamed the situation by his unprofessional conduct, and
created the false impression that there was a basis for the arrest of Plaintiff for
Domestic Violence when Kennedy had never conducted the statutorily required
investigation to determine if a crime had been committed and if so, who was the primary
aggressor.
71.

This failure on the part of Kennedy culminated in injury to Plaintiff, a false

arrest of Plaintiff and the resulting loss of Plaintiff’s college scholarship without which he
could not afford to go to college and was forced to drop out.
72.

In addition, as is plain from review of the body camera recording,

Defendant Kennedy’s immediate supervisor, Defendant Keahy, clearly had no training
in determining the factors set forth in T.C.A. § 36-3-619, as he concluded without any
investigation whatsoever that the Plaintiff was the “primary aggressor” at approximately
nine minutes, forty-five seconds into the encounter, thereby approving the arrest of
Plaintiff by his subordinate, Defendant Kennedy.
73.

Without the proper training on the statutory requirements, and the rights of

a suspect to have his or her arrest based upon facts after a dispassionate investigation
by a police officer, unconstitutional arrests and unreasonable seizures are virtually
certain to occur.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 15 of 18 PageID #: 15

 74.

The consequences of an arrest in violation of the Fourth Amendment are

severe. Here, Plaintiff lost a valuable college scholarship without which he could not
afford the higher education that would lift him up financially.
WHEREFORE, Plaintiff demands judgment against Defendant Keahy,
individually for subjecting him to a false arrest based upon false information provided by
Defendant Kennedy and a non-existent investigation into the factors set forth in T.C.A.
39-3-619 for determining who was the primary aggressor. Plaintiff demands judgment in
the amount of $731,000 for the loss of his college scholarship and his earnings over his
work life, $5,750 for the costs of his criminal defense, and $500,000.00 for his
humiliation and suffering caused by his false arrest and $2500.00 for medical bills, costs
of this action and reasonable attorneys fees pursuant to 42 U.S.C. § 1988, prejudgment
and post judgment interest.
COUNT V
RATIFICATION BY CITY OF ROCKWOOD OF ILLEGAL ARREST AND USE OF
EXCESSIVE FORCE
75.

Plaintiff re-alleges paragraphs 1-32, inclusive.

76.

Following the arrest and excessive use of force by its police officers, City

of Rockwood became aware that a magistrate reviewing the arrest of Plaintiff had
refused to issue a warrant that would charge Plaintiff with Domestic Violence for the
events that occurred in the early morning hours of July 5, 2015.
77.

Chief Danny Wright had final decision-making authority as to personnel

matters involving members of the police department.
78.

Instead of conducting an inquiry into the events of July 5, 2015 which led

to Plaintiff being pepper sprayed and falsely arrested for domestic violence and taking

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 16 of 18 PageID #: 16

 the appropriate actions, Chief Wright ratified the unlawful and unconstitutional conduct
by Defendant Kennedy and Defendant Keahy, signaling to those Defendants and to
other officers on the City of Rockwood Police Department force that such
unconstitutional conduct would be approved by the Police Department and the City of
Rockwood.
79.

Such ratification by Chief Wright of the unconstitutional actions of his

officers would make it plainly obvious to members of the police department that the
unconstitutional actions of Defendants Kennedy and Keahy were approved of by the
decision maker, Chief Wright, so that other members of the police force would be free to
follow suit without any adverse consequences.
80.

Plaintiff suffered physical injury, fear, pain and suffering and the loss of a

valuable scholarship to college as a consequence.
WHEREFORE, Plaintiff demands judgment against Defendant City of Rockwood
for subjecting him to a false arrest based upon false information provided by Defendant
Kennedy and a non-existent investigation into the factors set forth in T.C.A. 39-3-619 for
determining who was the primary aggressor and the excessive use of force by Kennedy
during that arrest. Plaintiff demands judgment in the amount of $731,000 for the loss of
his college scholarship and his earnings over his work life, $5,750 for the costs of his
criminal defense, and $500,000.00 for his humiliation and suffering caused by his false
arrest and $2500.00 for medical bills, costs of this action and reasonable attorneys fees
pursuant to 42 U.S.C. § 1988, prejudgment and post judgment interest.
JURY TRIAL DEMANDED
Plaintiff demands a trial by jury on all issues triable as of right by jury.

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 17 of 18 PageID #: 17

 5th day of July, 2016.
RESPECTFULLY SUBMITTED, this the _____

THE BOWLIN LAW FIRM P.C.

BY:

s/Troy L. Bowlin, II
_________________________
Troy L. Bowlin, II
Attorney for Xavier Howard
400 West 1st North Street
Morristown, TN 37814
(423) 581-2667

Case 3:16-cv-00432 Document 1 Filed 07/05/16 Page 18 of 18 PageID #: 18