FILED 17 AUG 18 AM 9:49 KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: 17-2-21842?1 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY SCOTT MILLER, an individual, MICHAEL NO. SPAULDING, an individual, COMPLAINT Plaintiffs, v. KSHAMA SAWANT, an individual. Defendant. INTRODUCTION 1. This is not a complaint against the City of Seattle or its City Council. The plaintiffs do not want one red cent of public money. This is a Complaint seeking damages against one individual who, acting in her own capacity and only on her own behalf, defamed two good men. Police of?cers, Scott Miller and Michael Spaulding, do a hard job for modest pay and little thanks?realities they accept. But what they do not accept, and what the law does not permit, is having their reputations ruined by an ambitious politician, doing so for personal gain. 2. In February 2016, Of?cer Spaulding and Detective Miller were apprehending Che Taylor?a violent felon and rapist?when he began pulling a gun on them. The of?cers were forced to ?re, ending his life. In less than a week, having never spoken to the of?cers, their attorney, the department, and with the investigation still incomplete, Kshama Sawant was Seattle, Washington 98101-2380 (206) 628-6600 COMPLAINT - 1 6166481.] JT publicly pronouncing these of?cers ?murderers? and referring to the shooting as a product of ?racial pro?ling.? Sawant continued defaming the of?cers, with particular emphasis immediately before their inquest hearing, and does so even to this day?despite the of?cers having been cleared by an impartial jury. 3. Prior to ?ling suit, the of?cers requested a retraction. Sawant did not even give them the courtesy of a response. 4. Through this lawsuit the of?cers intend to get their good names back and secure justice for a deliberate and self-interested wrong. THE PARTIES 5. Plaintiff, Scott Miller, is an individual and private ?gure residing in Snohomish County. 6. Plaintiff, Michael Spaulding, is an individual and private ?gure residing in King County. 7. Defendant, Kshama Sawant, is an individual and public ?gure residing in King County. JURISDICTION AND VENUE 8. The King County Superior Court has original jurisdiction over the parties and subject matter pursuant to RCW 2.08.010. 9. This action is originally venued in the King County Superior Court under RCW 4.12.020 because the Defendant is a resident of King County. FACTUAL BACKGROUND The Defendant 10. Defendant, Kshama Sawant, is a well-known local ?gure, with national ambitions. She has been criticized for using City of Seattle resources to play to her base and Williams, Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206)628-6600 COMPLAINT - 2 6166481.l inject herself into national politics. She made headlines, for example, when she used her platform to advocate ?shutting down? the presidential inauguration. 11. Sawant brands herself as counter-cultural and denies being part of ?the system.? According to her various public statements and website, she is a ?voice for working people.? Sawant, therefore, holds signi?cant credibility with the public, particularly in the Seattle metropolitan area. People assume that when she speaks, even when expressing opinion, it is based upon facts made available to her by virtue of her leadership position, role in Seattle, and socialist folk-hero status. 12. As discussed below, one of Sawant?s most effective political tools has historically been opposition to law enforcement. Sawant has, herself, been arrested several times when interfering with law enforcement and engaging in disorderly conduct, all to the approval of her political base. The Che Taylor Shooting 13. Of?cer Spaulding and Detective Miller are police of?cers with the City of Seattle. 14. In February 2016, Of?cer Spaulding and Detective Miller were called upon to serve a high-risk warrant in the Wedgewood/Lake City area. 15. The context was dangerous to begin with. However, it became even more dangerous when Che Taylor arrived in a Black Dodge. The of?cers immediately recognized him as a known drug dealer, pimp and felon?recently released from prison following a 23- year sentence for break-in and forcible rape. Taylor was also a suspect in a Kirkland-based murder investigation, in which the victim was beaten to death with a hammer. 16. At the time, Taylor had two ?strikes? and a visible gun in a holster on his right hip (which was, itself, a felony triggering an ATF hit). The of?cers knew that an arrest would Williams, Kastner Gibbs PLLC 601 Union Street, Suite 4100 COMPLAINT - 3 Seattle, Washington 98101-2380 (206) 628-6600 616648l.l likely lead to a violent confrontation, as Taylor, if convicted, would be going back to prison for the rest of his life. 17. While the of?cers waited for backup in order to arrest Taylor for unlawful possession of a ?rearm, he went down to the nearby trailer park?a location known to be rife with narcotics?and attempted to pimp out the female who accompanied him. 18. When Taylor returned to the scene, still armed, the arrest team was arriving. As they approached, it drew Taylor?s attention and the of?cers moved to the backside of the vehicle?and began shouting commands for him to show his hands. 19. Taylor did not comply. Instead, he ducked down and began reaching for the gun in his holster. The police car?s vehicle camera picked up the of?cers? ?nal shouts, ?hey no hey no hey no? before both were forced to open ?re. When Taylor fell, the gun?which was out of the holster and in his hand at that point?fell into his vehicle. 20. Che Taylor passed away and the of?cers were put on administrative leave per standard operating procedure. Consistent with state law, the King County prosecutor began convening an inquest to determine whether charges should be brought. False Statements 21. Approximately ?ve days after the shooting, Sawant appeared before a crowd and media in front of the police department. This was not of?cial city council business, and certainly not a ?legislative ?mction.? Sawant, however, implied awareness of inside factual information, and appeared to be making a statement against interest. With gravitas established, she went on to pronounce Che Taylor?s death a ?brutal murder? and product of ?racial profiling.? 22. The crowd can be heard acknowledging and accepting the statements. Williams, Kastner Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206)628-6600 COMPLAINT - 4 616648l.l 23. In making these public statements about two private citizens, who did everything right: a. Sawant never attempted to speak to the of?cers about the event; b. Sawant never attempted to speak to the of?cers? counsel about the event; c. Sawant never attempted to speak to any of the eyewitnesses about the event; d. Sawant has no formal police training or expertise; e. Sawant has no background in law enforcement; f. Sawant did not wait for an internal investigation to be completed; and g. Sawant did not wait for a neutral and contested inquest to occur. 24. What is more, at the time, it was known that Che Taylor had a violent criminal history, was armed, was reaching for his gun, and a video of the encounter had been released to the public. This was ignored or disregarded by Sawant. 25. The statements were not in any way quali?ed or couched as opinion. Sawant did not acknowledge that the investigation was ongoing. She, instead, tried and convicted the of?cers herself in the court of public opinion. 26. Sawant reiterated the above-statements publicly throughout the year and, with particular emphasis, immediately before the of?cers? inquest. 27. The inquest took place approximately a year after the shooting. It was convened by the King County prosecutor, overseen by a respected judge, and contested by Che Taylor?s family lawyer. When the dust settled, a jury cleared the of?cers of wrongdoing. 28. Sawant, however, continues to refer to the shooting as a ?murder? and publicly asserts that the of?cers avoided ?accountability? (touting the implicit?if not explicit?factual premise that this was a race-based murder). 29. The of?cers requested that Sawant retract her statements. She did not even bother to respond to their request. Williams, Kastner Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206)628-6600 COMPLAINT - 5 6166481.! Impact On the Officers 30. With the political ?restorm created when Sawant?purportedly speaking with factual authority?publicly called the of?cers racist murderers, the of?cers? lives were turned upside down. 31. The of?cers were nearly denied a fair inquest hearing. 32. Being called a racist and murderer directly impacted their careers, which were stymied. 33. The of?cers were publicly berated and chastised. 34. The of?cers watched their families suffer. Detective Miller, whose children attended the Seattle School District, had to move. 35. To this day, a Google search of the of?cers bespeaks the impact on their reputation and good names. 36. The damage has been far-reaching, extending throughout King County and well-beyond. JURY DEMAND The of?cers demand a jury on all issues so triable. CAUSES OF ACTION Defamation and Defamation Per Se 37. Plaintiffs incorporate all of the above-allegations as if stated herein in full. 38. Defendant Sawant has defamed Plaintiffs by stating and publishing harmful and damaging statements. 39. The statements are false and unprivileged. 40. Because the statements assert criminal conduct and embrace plaintiffs? job and business, this constitutes defamation per se. 41. The statements have not been retracted. Williams, Gibbs PLLC 601 Union Street, Suite 4l00 COMPLAINT - 6 Seattle, Washington 98101 -2380 (206) 628-6600 6166481.] COMPLAINT - 7 6166481.] 42. The conduct proximately caused harm. 43. Plaintiffs have suffered damage in an amount to be proven at trial. RELIEF REQUESTED Plaintiffs pray the following relief: A. Damages in an amount to be proven at trial. B. Attorneys? fees and costs as permitted by law and equity. C. All other relief the Court deems just and proper. RESPECTFULLY SUBMITTED this 18th day of August, 2017. s/Adam L. Rosenberg Daniel A. Brown, WSBA #22028 Adam L. Rosenberg, WSBA #39256 Attorneys for Plaintiffs Miller and Spaulding Williams Kastner Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-23 80 Telephone: (206) 628-6600 Fax: (206) 628-6611 Email: dbrown@williamskastnemom Email: arosenberg@williamskastner.com Williams, Kastner Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101 -2380 (206) 628-6600 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY SCOTT MILLER, an individual, MICHAEL SPAULDING, an individual, NO. SUMMONS Plaintiffs, v. KSHAMA SAWANT, an individual. Defendant. TO THE DEFENDANT ABOVE NAMED: A lawsuit has been started against you in the above entitled Court by Plaintiffs Scott Miller and Michael Spaulding. Plaintiffs? claims are stated in the written Complaint, a copy of which is served upon you with this Summons. In order to defend against this lawsuit, you must respond to the Complaint by stating your defense in writing and serve a copy upon the undersigned attorney for plaintiffs within twenty (20) days after the service of this Summons, excluding the day of service, or in sixty (60) days after the date of service of this Summons, excluding the day of service, if you are residing outside the State of Washington. Failure to do so may result in a default judgment being entered against you without notice. A default judgment is one where plaintiffs are entitled to what it asks for in the Complaint Williams, Kastner Gibbs PLLC 601 Union Street, Suite 4100 SUMMONS - 1 Seattle, Washington 98101-2380 (206) 628-6600 6l7l863.l because you have not responded. If you serve a Notice of Appearance on the undersigned attorney, you are entitled to notice before a default judgment may be entered. You may demand that plaintiffs ?le this lawsuit with the Court. If you do so, the demand must be in writing and must be served upon plaintiffs. Within 14 days after you serve the demand, plaintiffs must ?le this lawsuit with the Court, or the service upon you of this Summons and Complaint will be void. If you wish to seek the advice of an attorney in this matter, you should do so so that your written response, if any, may be served on time. This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington. RESPECTFULLY SUBMITTED this 18th day of August, 2017. s/Adam L. Rosenberg Daniel A. Brown, WSBA #22028 Adam L. Rosenberg, WSBA #39256 Attorneys for Plaintiffs Miller and Spaulding Williams Kastner Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 Telephone: (206) 628-6600 Fax: (206) 628-6611 Email: dbrown@williamskastner.com Email: arosenbem@williamskastner.com Williams, Kastner Gibbs PLLC SUMMONS - 2 . . 601 Union Street, Sulte 4100 Seattle, Washington 9810l-2380 (206) 628-6600 6171863.]