Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 1 of 30 IN - HE JCS. DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE BAO XUYEN LE, INDIVIDUALLY, and as the Court appointed PERSONAL REPRESENTATIVE OF THE ESTATE OF TOMMY LE, HOAI LE, Tommy Le?s Father, DIEU H0, Tommy Le?s Mother, UYEN LE and BAO XUYEN LE, Tommy Le?s Aunts, KIM TUYET LE, Tommy Le?s Grandmother, and QUOC NGUYEN, TAM NGUYEN, DUNG NGUYEN, JULIA NGUYEN AND JEFFERSON NGUYEN, Tommy Le?s Siblings, Plaintiffs, V. JOHN URQUART, the former KING COUNTY SHERIFF, DOW CONSTANTINE the MARTIN LUTHER KING JR. COUNTY EXECUTIVE, MARTIN LUTHER KING JR. COUNTY as sub-division of the STATE of WASHINGTON, KING COUNTY OFFICE, and KING COUNTY DEPUTY SHERIFF CAESAR MOLINA. Defendants. COMPLAINT FOR DAMAGES 1 NO. COMPLAINT FOR DAMAGES for VIOLATION OF CIVIL RIGHTS 42 U.S.C. 1983, and under WASHINGTON STATE LAW: TORTS 0F WRONGFUL DEATH (RCW 4.20.020) SURVIVAL ACTION (RCW 4.20.060), NEGLIGENCE, NEGLIGENT TRAINING and INELICTION 0F EMOTIONAL DISTRESS, and TORT 0F OUTRAGE Jury Trial Requested CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 11 Case Document 1 Filed 01/16/18 Page 2 of 30 Plaintiffs Le, Ho, and Nguyen by and through their attorneys Campichc Arnold, PLLC and for this Complaint allege: l. JURISDICTION AND VENUE 1. This action is brought pursuant to 42 U.S.C. 1983 for Violation of the Fourth and Fourteenth Amendments to the United States Constitution, and various Washington State constitutional, statutory, and common law tort claims. This Court has original jurisdiction over the plaintiffs? claims for violations of the United States Constitution and the deceased Tommy Le?s civil rights, pursuant to 28 U.S.C. 1331, 1343, and 1376 et. seq. 2. Venue is appropriate in the US. District Court, Western District of Washington at Seattle, pursuant to 28 U.S.C. 1391 because the defendants are all believed to reside in the district, the municipal corporations of Martin Luther King Jr. County (King County), and the King County Sheriff Of?ce is located in the district, the plaintiffs all reside in the district, and because the shooting of Tommy Le and medical treatment occurring in the last hours of his life all occurred in the district. COMPLAINT FOR DAMAGES 2 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 11 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 3 of 30 3. There exists a common nucleus of operative facts as to plaintiffs? Washington State and federal claims. As a consequence, this Court has pendent or supplemental jurisdiction over the Washington State claims pursuant to 28 U.S.C. 1367. 2. PARTEES 2.A Plaintiffs 4. Plaintiffs are residents of the Western District of Washington, all but one of which reside in Seattle, King County, Washington. Plaintiff Uyen Le is a resident of Snohomish County, Washington. 5. Boa Xuyen Le is the Court Appointed Personal Representative of the Estate of Tommy Le. 6. Hoai ?Sunny? Le is the father of the deceased Tommy Le. 7. Dieu H0 is the mother of the deceased Tommy Le. 8. Uyen Le and Bao Xuyen Le are the aunts of the deceased Tommy Le. 9. Kim Tuyet Le is the grandmother of the deceased Tommy Le. 10. Quoc Nguyen, Tam Nguyen, Dung Nguyen, Julia Nguyen, and Jefferson Nguyen are the brothers and sisters of the deceased Tommy Le. 2.B Defendants 11. At all times relevant to this lawsuit, John Urquhart was the duly elected Sheriff of King County. He is no longer the King County Sheriff. 12. At all times relevant to his lawsuit, Dow Constantine is and was the duly elected King County Executive. 13. King County is a political sub?division of the State of Washington with the right to sue and be sued in its own name and stead. COMPLAINT FOR DAMAGES ?3 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 1 1 Case Document 1 Filed 01/16/18 Page 4 of 30 14. The King. County Sheriff is the executive law enforcement agency of Defendant King County. 15. King County Deputy Sheriff Caesar Molina is and was a King County Deputy Sheriff employed by Defendant King County Sheriffs Of?ce, who on June 14th, 2017, wider the (it )1 or of state law and acting in the scope of his employment as a King County Deputy Sheriff, shot and killed Tommy Le. 3. FOR DAMAGES 16. A Claim for Damages and Amended Claim were properly ?led with Defendants King County, and the King County Sheriff More than 60 days has passed without a response from any defendant. Attached hereto, as Attachment No. 1, is a copy of Plaintiffs? Amended Claim for Damages, which by this reference is incorporated in this Complaint. 4. JURY DEMAND 17. Pursuant to Fed. R. Civ. Pro. 38, plaintiffs hereby request a trial by jury. 5. BACKGROUND FACTS 18. On June 14th, 2017, Tommy Le was scheduled to graduate ?'om high school. 19. Tommy Le was of Asian, speci?cally Vietnamese, descent. 20. As is the tradition in many families who immi grate from Vietnam, Tommy Le was raised by his extended family that included his paternal grandmother, Plaintiff Kim Tuyet Le, his father Plaintiff Hoai ?Sunny? Le, his mother Plaintiff Dieu H0, his aunts Plaintiffs Boa Xuyen Le and Uyen Le, and his (half) brothers and sisters, Plaintith Quoc Nguyen, Tam Nguyen, Dung Nguyen, Julia Nguyen, and efferson Nguyen. 21. The Le family were Vietnamese refugees to the United States and of the Buddhist faith. COMPLAINT FOR DAMAGES 4 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281-9111 Case Document 1 Filed 01/16/18 Page 5 of 30 22. Tommy Le was born in the United States of America and was a United States citizen of Asian descent. 23. The Le family, including Tommy Le, placed a very high value on human life and opposed the use of 'iol "nee. 24. Prior to his death, Tommy Le had never been arrested for, much less convicted of a crime. 25. At the time of his death, Tommy Le was ?ve feet four inches tall and weighed 120 pounds, and was substantially smaller in stature and weight than the much larger and physically ?t King County Deputy Sheriffs who were involved in his death. 26. The King County Deputy Sheriffs involved in Tommy Le?s death were not Asian. 27. At the time relevant to this lawsuit, Defendants King County Executive Dow Constantine, then King County Sheriff John Urquhart, King County, and the King County Sheriff?s Of?ce had a duty to properly select, train, and supervise King County Deputy Sheriffs to understand and comply with the requirements of the United States Constitutional limitations on the use of deadly force, to employ less than lethal methods of detaining individuals including individuals who appear to be suffering from some type of mental illness or delusions, and to de?escalate encounters with individuals who appear hostile, impaired, emotional, or mentally disturbed, to restrain from racially selective police practices and to avoid the use of deadly force unless necessary to protect against immediate danger of death or serious injury to of?cers or others. 28. At the time relevant to this lawsuit, Defendants King County Executive Dow Constantine, then King County Sheriff John Urquhart, King County, and King County Sheriff? 5 Of?ce breached their duty to properly select, train, and supervise King County Deputy Sheriffs to understand and comply with the requirements of'_ the United States Constitutional limitations on the use of deadly COMPLAINT FOR DAMAGES 5 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281 -9000 FAX: (206)281-9111 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 6 of 30 force, to employ less than lethal methods of detaining individuals including individuals who appear to suffering from some type of mental illness or delusions, and to de?escalate police encounters with individuals who appear hostile, impaired, emotional, or mental disturbed, to restrain ?'om racially selective police practices and to avoid the use of deadly force unless necessary to protect against immediate danger of death or serious injury to of?cer or others. 29. In June 2017 King County Deputy Sheriff Caesar Molina was employed as a King County Sheriff?s Deputy. 30. On June 14th, 2017 in King County, Washington, King County Deputy Sheriff Caesar Molina shot and killed Tommy Le. 31. At the time that King County Deputy Sheriff Caesar Molina shot and killed Tommy Le, King County Deputy Sheriff Caesar Molina was acting under the color of state law and within the scope and course of his employment as a King County Deputy Sheriff. 32. King County Deputy Sheriff Caesar Molina?s decision to employ deadly force and to shoot and kill unarmed Tommy Le in the back was in part caused by the negligent failure of his employer?s selection, training, and supervision of King County Deputy Sheriffs, including the failure to properly emphasize and train the deputies to restrain from racially selective police practices, in effective de?escalation techniques and non-lethal methods of detention and arrest. 33. The named defendants and all law enforcement of?cers, including the King County Sheriff?s Of?ce, have a duty to protect human life. 34. Law enforcement of?cers have a duty to help individuals suffering ?'om a period of emotional and mental impairment. COMPLAINT FOR DAMAGES 6 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle. WA 98121 TEL: (206) 281 -9000 FAX: (206)281-9111 Case Document 1 Filed 01/16/18 Page 7 of 30 35. King County Deputy Sheriff Caesar Molina had a legal duty to restrain from racially selective police practices, to employ de?escalation techniques and non-lethal detention methods to detain Tommy Le, before he shot and killed Tommy Le. 36. King County Deputy Sheriff Caesar Molina did not restrain from racially selective police practices, use de?escalation and effective non-lethal techniques to detain Tommy Le before he shot and killed Tommy Le. 37. King County Deputy Sheriff Caesar Molina did not effectively use available and effective non-lethal techniques to detain Tommy Le before he shot and killed Tommy Le. 38. The King County Deputy Sheriffs who were at the scene of the incident that led. to the death of Tommy Le did not employ available and effective de-escalation techniques with Tommy Le before Tommy Le?s death. 39. Deputy Sheriffs and defendants, including King County Deputy Sheriff Caesar Molina, did not have probable cause to believe that Tommy Le posed an imminent threat of death or serious physical injury to King County Deputy Sheriff Caesar Melina, the other King County Deputy Sheriffs, or to others, at the time that King County Deputy Sheriff Caesar Molina employed deadly force on Tommy Le. 40. Tommy Le was unarmed when King County Deputy Sheriff Caesar Molina shot and killed Tommy Le. 41. All of the King County Deputy Sheriffs present at the time and place where Tommy Le was fatally shot were all armed with lethal and non-lethal weapons. 42. All of the King County Deputy Sheriffs present at the time and place where Tommy Le was fatally shot were physically stronger, larger, and more physically capable than Tommy Le and were trained in physical defensive tactic including ?take down? movements. COMPLAINT FOR DAMAGES 7 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206)281-9111 Case Document 1 Filed 01/16/18 Page 8 of 30 43. The King County Sheriff?s Of?ce claims that at the time Tommy Le was shot by King County Deputy Sheriff Caesar Molina, Tommy Le possessed a black Papermate ?1.0 m? ballpoint medium point ink pen. 44. The Papermate ballpoint medium point ink pen thought to be held by Tommy Le when he was shot was not a weapon and could not in?ict death or serious physical injury 45. At the time of the shooting, Tommy Le was wearing shorts and a T-shirt. 46. At the time of the shooting, there was no place to conceal a knife or weapon on Tommy Le?s person. 47. In his post shooting statement, King County Deputy Sheriff Caesar Molina did not claim to have seen a knife or deadly weapon in Tommy Le?s hands. 3 ii 48. A TASERTM or tazer (taser) is an electrical weapon that when preperly deployed ?res two dart-like electrodes, which stay connected to the weapon and deliver an electric charge that immobilizes the person ?tazed?. 49. King County Deputy Sheriffs Molina and Owen both independently attempted to tase Tommy Le in the chest before King County Deputy Sheriff Caesar Molina fatally shot Tommy Le with a 9mm handgun. 50. The maximum range of the tasers Defendant King County Deputy Sheriffs deployed against Tommy Le was 25 feet. COMPLAINT FOR DAMAGES 8 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 11 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 9 of 30 51. The tasers the Defendant King County Deputy Sheriffs deployed against Tommy Le were ineffective due to improper maintenance, deployment, or use. 52. Defendants King County Deputy Sheriff Molina and other King County Deputy Sheriffs made a decision not to employ available and effective de-escalation tactics or non-lethal methods of detaining Tommy Le. 53. At the time, place, and circumstances of Tommy Le?s shooting death, the proper use of alternative non-lethal methods, de-escalation tactics, and physical non-lethal force would have effectively detained Tommy Le. 54. The use of deadly force was not necessary to detain Tommy Le. 55. The use of deadly force was not necessary to protect the King County Deputy Sheriffs or other individuals present from imminent death or serious physical injury. 56. King County Deputy Sheriff Caesar Molina shot Tommy Le three times in the back with L1mm handgun. 57. The 9 mm bullets used to shoot and kill Tommy Le were hollow point 9mm bullets, which is an expanding bullet with a hollowed-out tip designed to expand and ?atten when it enters a human body so as to disrupt more tissue as it travels through the person?s body. 58. The use of hollow point ammunition in warfare is barred by The Hague Convention; the relevant portion of which reads: ?the contracting parties agree to abstain ??om the use of bullets which expand or ?atten easily in human body. . COMPLAINT FOR DAMAGES 9 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281-91 1 1 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 10 of 30 59. The King County Medical Examiner described the gunshot wounds that caused Tommy Le?s death: a. ?penetrating handgun wound of the left lateral back with the entrance wound, left lateral back, (4.24 inches to the left of midline and 42.5 inches superior to the heels) perforation of the ie? kidney, spleen and iiver, and the buiiet recovered ?om the right anterior chest wall. The path of the bullet ?back to?'ont, left to right, and upwards b. ?penetrating handgun wound of the medial left back, (0.5 inches to the left of midline and 40.5 inches superior to the heels) with entrance wound, medial left back, perforation of the right kidney and liver and the bulled recovered ??om right lateral chest wall. The path of the bullet is back to ?ont, left to right and upwards c. Perforation handgun wound of the left wrist, entrance wound, ulnar left" wrist, perforation of the soft tissues and 5a metacarpal bone, with exist wound, palmar left hand?. 60. Bullet wounds that penetrate the kidney, liver, and spleen are very pain?? and after a period of time, usually fatal. 61. After Tommy Le had turned away from King County Deputy Sheriff Caesar Molina and from the other of?cers and citizens, King County Deputy Sheriff Caesar Molina shot Tommy Le twice in the mid back and one time in his wrist at close range with a 9 mm handgun. 62. At the moment King County Deputy Sheriff Caesar Molina shot to kill Tommy Le, Tommy Le was not advancing towards Deputy Molina or the other deputies or persons. 63. No other person was struck by bullets. 64. Several bullets shot by King County Deputy Sheriff Caesar Molina at Tommy Le missed Tommy Le and lodged in a home across the street. 65. The King County Sheriff?s Of?ce issued King County Deputy Sheriff Caesar Molina the 9 mm handgun he used to shoot and kill Tommy Le. COMPLAINT FOR DAMAGES 10 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 11 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 11 of 30 66. Tommy Le did not touch or in?ict any wounds on any of the King County Deputy Sheriffs or other persons present at the time that King County Deputy Sheriff Caesar Molina shot and killed Tommy Le. 67. King County Deputy Sheriff Caesar l?v?ioiina shot Tommy Le in the back, twice in his mid-back and once in the back of his forearm. 68. At the time King County Deputy Sheriff Caesar Molina shot Tommy Le in the back, Tommy Le was unarmed. 69. At the time King County Deputy Sheriff Caesar Molina shot Tommy Le in the back Tommy Le was walking away ?'om King County Deputy Sheriff Caesar Molina, Deputy Owen, the other King County Deputy Sheriffs and other present persons. 70. At the time King County Deputy Sheriff Caesar Molina shot Tommy Le, Tommy Le lacked the present capacity to cause serious physical injury or death to King County Deputy Molina, the other deputy Sheriffs, or any other individuals present. 71. At the time King County Deputy Sheriff Caesar Molina shot Tommy Le in the back, he knew or had suf?cient information for a reasonably competent police of?cer to know or suspect that Tommy Le was suffering from some type of mental impairment or con?rsion and required assistance. 72. At the time King County Deputy Sheriff Caesar Molina shot and killed Tommy Le, there were not objective facts providing probable cause to believe that the unarmed 120 pound Tommy Le presented an imminent risk of causing serious physical injury or death to the King County Sheriff Deputies or other individuals. 73. At the time of the fatal shooting, Tommy Le was in the presence of a number of armed, trained, and equipped King County Deputy Sheriffs who were all wearing protective clothing. COMPLAINT FOR DAMAGES 11 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281 -9000 FAX: (206) 281-9111 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page the King County Deputy Sheriffs present when King County Deputy Sheriff Caesar Molina shot to kill Tommy Le was capable of physically detaining, seizing, or restraining Tommy Le by employing less than deadly force. 75. Together the several King County Deputy Sheriffs were capable oi?p?n ysically detaining, seizing, or restraining Tommy Le by employing less than deadly force. 76. At the time King County Deputy Sheriff Caesar Molina shot to kill Tommy Le, it was not necessary to employ deadly force to detain, seize, or restrain Tommy Le. 77. King County Deputy Sheriff Caesar Molina knew that the use of deadly force was not necessary to detain, seize, or restrain Tommy Le. 78. King County Deputy Sheriff Caesar Molina knew that there were available effective alternative methods to the use of deadly force to detain, seize, or restrain Tommy Le. 79. King County Deputy Sheriff Caesar Molina?s use of deadly force to detain, seize, or restrain Tommy Le constituted use of excessive (deadly) force. 80. King County Deputy Sheriff Caesar Molina?s use of excessive (deadly) force to seize Tommy Le violated Tommy Le?s United States Constitutional Fourth Amendment right to be free from unreasonable seizure. 81. King County Deputy Sheriff Caesar Molina?s use of excessive (deadly) force to seize Tommy Le constituted racially selective use of deadly force and violated Tommy Le?s United States Constitutional 14th Amendment right to be free racially based selective policing practice and use of deadly force. 82. After King County Deputy Sheriff Caesar Molina shot Tommy Le three times, the King County Deputy Sheriff handcuffed Tommy Le despite the profuse bleeding from his very serious bullet wounds. COMPLAINT FOR DAMAGES 12 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281 -9000 FAX: (206) 281-91 11 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 13 of 30 83. A competent police officer would have known that the use of deadly force to detain, seize, or restrain Tommy Le, violated clearly established statutory and constitutional prohibitions on lurcu and violated "lunum' Le'a state and l'uiluratl LTLIIJlHlilLIElulhll ?pl-m; 111 he free ?-om ?1'11; - Some. 84. A competent police of? cer would have known that the use of deadly force to detain, seize, or restrain Tommy Le, violated clearly established statutory and constitutional prohibitions on the use of racially selective deadly force and violated Tommy Le?s state and federal constitutional rights to he tree racially suluctive prucuuea and deadly liirue. 85. King County Deputy Sheriff Caesar Molina knew or a reasonable law enforcement of?cer would have known that the use of deadly force upon the ?eeing unarmed Tommy Le violated 'l'ummy lu'a clearly established statutory and constitutional rights to in: tree of cauusswe thrcu upon detention or arrest. 86. The King County Sheriff 3 Office use of deadly force to detain, seize, or restrain Tommy Le, violated clearly established statutory and constitutional rights. 87. The King County Sheriff? Of?ce use of deadly force to detain, seize, or restrain Tommy Le was unlawful. 88. The King County Sheriff?s Of?ce knew that King County Deputy Sheriff Caesar Molina?s use of deadly force to detain, seize, or restrain Tommy Le violated clearly established statutory and constitutional rights. 89. The King County Sheriff Of?ce knew that the King County Sheriff Of?ce use of deadly force to detain, seize, or restrain Tommy Le violated clearly established statutory and constitutional rights. COMPLAINT FOR DAMAGES 13 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 11 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 14 of 30 90. King County Deputy Sheriff Caesar Molina knew, or should have known, that the use of deadly force to detain, seize, or restrain Tommy Le violated clearly established statutory and constitutional rights. 91. King County Deputy Caesar Molina knew, or should have known, that racial selective law enforcement is prohibited by both state and federal statutes and constitutions. 92. One factor that in?uenced King County Deputy Sheriff Caesar Molina?s decision to employ deadly force by shooting unarmed Tommy Le was Tommy Le being of Asian decent. 93. Racially selective enforcement of the law including the employment of deadly force violates the equal protection clause of the 14th Amendment of the United States Constitution. 94. King County Deputy Sheriff Caesar Molina?s use of deadly force upon the unarmed Tommy Le violated Tommy Le?s United States Constitutional 14th Amendment right that citizens of all races are to receive equal treatment by law enforcement. 95. Clearly established statutory and case law restrict the employment of deadly force to situations where objective facts support the conclusion that the use of deadly force is necessary for a police officer to protect against imminent risk of serious physical injury or death. 96. The King County Deputy Sheriffs, including King County Deputy Sheriff Caesar Molina and the Deputy Sheriffs present when Deputy Molina shot to kill Tommy Le, knew that the use of deadly force to detain, seize, or restrain Tommy Le violated clearly established statutory and constitutional rights. 97. The King County Sheriffs Of?ce knew that at the time King County Deputy Sheriff Caesar Molina shot to kill Tommy Le, Tommy Le was not armed with a knife or other weapon capable of in?icting serious injury or death. COMPLAINT FOR DAMAGES 14 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281 -9000 FAX: (206) 281 -91 11 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 15 of 30 98. Prior to speaking with the press, public, and the Le family, the King County Sheriff?s Of?ce knew that Tommy Le was not armed with a knife or other dangerous object when he was shot and killed by King County Deputy Sheriffs. 99. At the time and place that King County Deputy Sheriff Caesar Molina shot to kill Tommy Le, there were at least ?ve (5) armed deputy sheriffs present, who were capable of physically restraining and arresting the unarmed 120 pound student without the use of deadly force. 100. After being shot through the back into his Vital organs and prior to his death, Tommy Le endured hours of pre-death pain and suffering. 101. After King County Deputy Caesar Molina Shot Tommy Le, the King County Deputy Sheriffs handcuffed Tommy Le despite the fact that he was bleeding pro?lsely ?om mortal wounds. 102. King County Sheriff Deputy Caesar Molina knowingly violated Tommy Le?s United States Constitutional right to be ?'ee of excessive force upon detention and arrest in Violation of 42 U.S.C. 1983. 103. After being shot, Tommy Le was transported by Aid Car to Harborview Medical Center in Seattle, and died of the wounds in?icted by King County Deputy Sheriff Caesar Molina. 104. Knowing that the use of deadly force to detain, seize, or restrain unarmed Tommy Le violated clearly established statutory and constitutional rights, the King County Sheriff?s Of?ce intentionally concealed the fact that Tommy Le was unarmed when he was shot and killed. 105. Knowing that use of deadly force to detain, seize, or restrain unarmed Tommy Le violated clearly established statutory and constitutional rights, the King County Sheriffs Of?ce intentionally concealed the fact that Tommy Le was shot two times in the back. 106. Knowing that the use of deadly force to detain, seize, or restrain the unarmed Tommy Le violated clearly established statutory and constitutional rights, the King County Sheriffs Of?ce COMPLAINT FOR DAMAGES 15 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281 -9000 FAX: (206) 281-911 1 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 16 of 30 iltt?ntimtuil} ntiastarrd In the public that. ?l'rmnm'Le Hm .H'i'li'r'il' liar-that: lat thr- tfe'fl'u't'lt't with a knife?. 107. Knowing that Tommy Le was unarmed when he was shot by King County Deputy Shari-rte. tilting. {forum}.- fiitat'it?t?u {ii-Erica. went in its: 31.4: immi- and tel-t! the that. 1'1" unit strut hr' um; urmt'fmrg thr- with 108. Knowing that use of deadly force to detain, seize, or restrain the unarmed Tommy Le violated L'lL'?i?lj. established statumr} .?tt'til rights, the King County Sheriff?s Of?ce il'ttelitiunully Il'ltft?ll?ld't'i tu 'Iummy Ira ltunlly that Tummy Le mm armed with a knife and was attacking the Hheriteruuhea with a knit}: when he W113 shut and killed. 109. It was reasonably foreseeable to defendants that the unlawful killing of Tommy Le would cause the Le family to suffer emotional and harm. 110. Defendants unlawful, reckless, and/or negligent shooting and killing of Tommy Le, an unarmed 120 pound high school student, caused the Le family emotional distress and harm. 111. It was reasonably foreseeable to Defendant King County Sheriff?s Of?ce that misrepresenting to the public, press, and to the Le family privately that Tommy Le was armed with a knife and was attacking the Sheriffs deputies with a knife when he was shot and killed would cause additional emotional and harm to the Le family. 112. The Le family members, Plainti?'s Hoai ?Sunny? Le, Tommy Le?s father, Dieu Ho, Tommy Le?s mother, Bao Xuyen Le and Uyen Le, Tommy Le?s aunts, Kim Tuyet Le, Tommy Le?s grandmother, and Quoc Nguyen, Tam Nguyen, Dung Nguyen, Julia Nguyen, and Jefferson Nguyen Tommy Le?s brothers and sisters, suffered avoidable humiliation and emotional and COMPLAINT FOR DAMAGES 16 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281 -9000 FAX: (206)281-9111 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 17 of 30 harm as a result of the King County Sheriff" 5 Of?ce?s intentional misrepresentations that Tommy Le was armed with and attacking Deputy Sheriffs with a knife when he was shot and killed. 113. The actions of the King County Sheriff 5 Of?ce in knowingly misrepresenting to the public, press, and family that at the time Tommy Le was shut, ?Tommy Le was armed with key}: and shot because he was attacking deputy sherz?fs with a knife?, and the actions of conspiring to conceal the truth that Tommy Le was unarmed when he was shot in the back was intentional or reckless and constitutes outrageous conduct that was so extreme and outrageous in degree and character as to go beyond all possible bounds of decency and should be regarded as atrocious and utterly intolerable in a civilized community. 114. Plaintiffs, the Le Family, maintained a close loving relationship with the deceased, Tommy Le, who was raised with his parents, aunts, grandmother, and family members. The unlawful death of Tommy Le has resulted in Decedent Tommy Le?s parents, grandmother, aunts, and siblings? loss of the bene?t and enjoyment of the parent/child, grandmother/grandson, aunts/nephew, and siblings? relationships. 115. A contributing cause of the death of Tommy Le, and the violation of his Washington state and federal constitutional rights to be free of unreasonable seizure, was the unconstitutional policies, practices, and operating procedures of the King County Sheriff?s Of?ce. 116. A contributing cause of the death of Tommy Le, and the violation of his Washington state and federal constitutional rights to be free of unreasonable seizure, was the improper selection, training, and supervision of Deputy Sheriffs by the King County Sheriff?s Of?ce. 1 17. A contributing cause of the death of Tommy Le was the negligence of the King County Deputies present at the scene of the shooting and of the King County Sheriff?s Of?ce. COMPLAINT FOR DAMAGES 17 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 11 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 18 of 30 118. The negligence of the King County Sheriff Office was a contributing cause of the death of Tommy Le. 119. The negligence of King County Sheriff John Urquhart was a contributing cause of the death of Tommy Le. 120. King County Sheriff ohn Urquhart failed to develop, implement, and supervise policies and practices that assured that Deputy Sheriffs were properly selected, trained, instructed, and supervised regarding the constitutional restrictions upon, and the effective alternatives to, the use of deadly force against suspects who appear to be disturbed or confused persons suffering from some type of emotional or mental disorder and on racially selective law enforcement. 121. The negligence of King County, King County Sheriff John Urquhart, and the King County Sheriff?s Of?ce includes, but was not limited to: the negligent selection, training, assignment, and supervision of King County Deputy Sheriffs Caesar Molina and Owens. 122. The negligence of the King County, King County Sheriff John Urquhart, and the King County Sheriff 5 Of?ce includes, but is not limited to: failure to employ effective de?escalation tactics; failure to employ available non?lethal alternative methods to detain, seize, or restrain Tommy Le; negligent selection, training, assignment, and supervision of deputy sheriffs; failure to properly train and encourage deputies in the effective use of de-escalation and alternative non-lethal methods to detain, seize, and restrain individuals including individuals suffering from apparent mental or episodes; and, other actions and non-actions to be proven at trial. 123. Several weeks after Tommy Le was shot and killed by King County Deputy Sheriffs, the then King County Sheriff John Urquhart went to the Le family home and told the Le family members that given the facts of the case, ?he would not have shot Tommy Lee.? COMPLAINT FOR DAMAGES 18 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206)281-9111 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 19 of 30 124. On October 11th, 2017 in public statements to members of the Asian Paci?c Director?s Coalition, the then King County Sheriff John Urquhart responded to individuals expressions of concerns uliunl the lililptill'tll'll'lult? use tum: ?pun 'l I: and start-ti ?l a infirm; 11-inrF--Il-JlIf}; t-?l 555:?: Far-1t: trite; inFIRST CAUSE OF ACTION: Federal Civil Rights Violations of the United States Constitution and 14th Amendments, under 42 U.S.C. 1983 125. By virtue of the facts set forth above, all the defendants are liable for compensatory and punitive damages for the deprivation of the civil rights of the deceased Tommy Le, which is guaranteed by the Fourth Amendment to the United States Constitution and 42 U.S.C. 1983 to be free from unreasonable seizure of his person in the form of the Deputy Sheriffs? use of excessive (deadly) force. 126. King County Deputy Sheriff Caesar Molina violated 42 U.S.C. 1983 when he used excessive (deadly force) against Tommy Le. 127. By virtue of the facts set forth above, all the defendants are liable for compensatory and punitive damages for the deprivation of the civil rights of the deceased Tommy Le which are guaranteed by the 14th Amendment to the United States Constitution and 42 U.S.C. 1983, to be free of racially selective law enforcement and/or the use of deadly force. 128. Defendant King County Deputy Sheriff Caesar Molina violated 42 U.S.C. 1983 and Tommy Le?s right as an Asian American to equal protection of the law irrespective of his race, as guaranteed by 14th Amendment to the United States Constitution. 129. By virtue of the facts set forth above, all the defendants are liable for compensatory and punitive damages for the deprivation of the civil rights of, de?ned as the liberty interests of the deceased COMPLAINT FOR DAMAGES 19 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue. Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 11 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 20 of 30 Tommy Le?s parents, Dieu Ho and Hoai ?Sunny? Le, for the loss of companionship and society of their adult child Tommy Le guaranteed by the 14th Amendment to the United States Constitution and 42 U.S.C. 1983. 7. SECOND USE OF ACTON: Washington State Law Claim of Wrongful Death RCW 4.20.020 and Survival Action RCW 4.20.046 130. Due to the facts set forth above, all the defendants are liable to the Estate of ommy Le for compensatory damages for negligently causing the death of Tommy Le. 8. THIRD CAUSE OF ACTION: Washington State Law Claim for the Tort of Outrage 131. By virtue of the facts set forth above, all the defendants are liable to Plaintiffs, the Le family members, for the tort of outrage. 9. FOURTH CAUSE OF ACTION: Washington State Law Claims for Reckless or Negligent Infiiction of Emotional Distress 132. By virtue of the facts set forth above, all the defendants are liable to Plaintiffs, the Le family members, for reckless or negligent in?iction of emotional distress. 10. FIFTH CAUSE OF ACTION: Negligent Selection, Training, and Supervision 133. By virtue of the facts set forth above, Defendants Dow Constantine, King County Executive, King County, John Urquhart, former King County Sheriff, and the King County Sheriff?s Of?ce, and each of them, are liable to plaintiffs Le estate and family for negligent selection, training, and supervision of the King County Deputy Sheriffs, including Deputy Sheriff Caesar Molina. 11. SIXTH CAUSE OF ACTION COMPLAINT FOR DAMAGES 20 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 11 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 21 of 30 128. By virtue of the facts set forth above, Defendant King County and the King County Sheriff?s Of?ce are liable under the doctrine of respondear superior for the negligent acts of their employees, the King County Deputy Sheriffs, including King County Deputy Sheriff Caesar Molina, who were at the time of shooting of Tommy Le acting in the course of and in the scope of their Respondeat Superior employment with King County and the King County Sheriff?s Of?ce. 12. RELIEF REQUESTED 129. Plaintiffs request the Court enter judgment for the plaintiff for: l. Compensatory damages in excess of $75,000.00; 2. General damages to be proven at trial; 3. Punitive damages as the jury ?nds just and proper; 4. Prejudgment interest on liquidated damages; S. Attorney fees and litigation costs as determined by the Court; 6. Other such remedies as this Court deems appropriate. DATED January 16th, 20 8. COMPLAINT FOR DAMAGES 21 - -. "'clrevaSBA No. 75 2 Philip G. Arnold, WSBA No. 267 Linda Tran, WSBA No. 50109 Jacqueline Heckler, WSBA No. 52636 CAMPICHE ARNOLD PLLC Attorneys for Plaintiffs Le family Market Place Tower, Suite 830 2025 First Avenue Seattle, WA 98121 Tele: 206.281.9000 Facsimile: 206.281.9111 Email addresses: campiche@campichearnold.com CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281-9111 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 22 of 30 pamold@ca1npicheamold.com ltran@campicheamoldecom jhackler@campichearnold.com smacias@campicheamold.com slandholm@campichearn01d.com COMPLAINT FOR DAMAGES 22 CAMPICHE ARNOLD, PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 TEL: (206) 281-9000 FAX: (206) 281 -91 1 1 Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 23 of 30 Estate of Tommy Le the Le Family?s AMENDED NOTICE OF CLAIM (page 2, 11 4) Te King County, King County Sheriff?s Of?ce, John Urquhart, King County Sheriff Mail or deliver Original claim to: Martin Luther King Jr. County King County Sheriff John Urquhart, King County Sheri?' Caesar Molina, King County Deputy Sheriff King County Clerk of the Council 3 I'm-r King County Courthouse ., ?33 ?33 Room $33 it Wt 516 Third Avenue :53} ?a Seattle, WA 98104 3 '33 c3 CLAIMANT INFORMATION: 3 1. Claimants? names: Estate of Tommy Le Personal Representative Xuyen Le and the Le Family: Hoai ?Sunny? Le, Father; Dieu Ho, Mother; Uyen Le and Xuyen Le, Aunts; Kim Tuyet Le, Grandmother; Quoe Nguyen, Tam Nguyen, Dung Nguyen, Julia Nguyen, and Jefferson Nguyen, brothers and sister; of the deceased Tommy Le. 2. Current residential address: do Campiche Arnold PLLC 3. Mailing address (if different): (?10 Attorneys Jeffery M. Campiche Linda D. Tran CAMPICHE ARNOLD PLLC Market Place Tower 2025 First Avenue, Suite 830 Seattle, WA 98121 Tele: 206.281.9000 Facsimile: 206.281.9111 Email addresses: jeampiche@campichearnld.con1 ltran@campichearnold.eom lharris@campichearnold.com - - AMENDED Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 24 of 30 4. Residential address for six months prior to the date of the incident (if different ?'om current address): Same as No. 2. 3. 5. Claimant's daytime telephone number: 00311.91 campiCuw?P Linda D. Tran 206.281.9000 6. Claimant?s e?mail address: do jcampiche@campiclrearnold.com ltran@campichearnold.com lharris@campichearnold.com INCIDENT INFORMATION 7. Date of the incident(s): June 14th, 2017 FACTS On June 14th, 2017 King County Deputy Sheriff Caesar Molina, shot and killed unarmed 120 pound Tommy Le in Burien, WA. Deputy Molina shot the unarmed student twice in the back. Tommy Le, a member of a large lawful Vietnamese refugee family residing here in King County, was a thoughtful and kind high school student who was set to graduate later that day. Tommy Le had no history of violent or criminal behavior. Unarmed and small in stature, 5? 4? and approximately 120 pounds, Tommy Le did not present an imminent risk of serious physical injury or death to the several trained police of?cers who confronted him, nor was he a risk to any other persons. The deputies did not exhaust effective non? lethal means to detain or help Tommy Le, who the Sheriff? 5 Deputies claim may have been suffering from some type of mental health crisis. It was not necessary for the King County Deputy Sheriff Molina to employ deadly force to protect himself, fellow of?cers, or others. The decision to use deadly force is believed to be an overreaction from poorly trained of?cers, the result of a failure of policy and procedures in the King County Sheriff? 3 Of?ce as well as negligent selection and hiring, and the inadequate training and supervision of King County?s Deputy Sheriffs - including Deputy Sheriff Caesar Molina. After the shooting death of Tommy Le, the King County Sheriff?s Of?ce chose to conceal the truth that Tommy Le was unarmed when he was shot in the back twice. The Sheriffs Of?ce and its Public Information Of?cer (P10) af?rmatively released untrue facts stating that Tommy Le was attacking the deputies with a knife when he was shot. The King County Sheriff?s Of?ce knew within minutes of the shooting that mTommy Le was unarmed and shot 1n the back. Several days later, -- -- -- and King County Deputy Sheriffs went to the Le famrly home and deliberately lidd - 2 - AMENDED Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 25 of 30 misrepresented to the family, telling them that Tommy Le was shot dead because he was ?attacking the deputies with a knife?. The family was not told that Tommy was unarmed when he was shot in the back. This intentional fabrication caused the Le family predictable needless emotional harm and humiliation. LEGAL CLAIMS Estate of Tommy Le?s Claim of Damages for Washington Wrongful Death 42 USC 1983 and the Violations of Deceased Tommy Le?s Federal Civil Rights Violation of Tommy Le and the Le Family?s Civil Rights, 42 USC 1983, and Washington Wrongful Death/Survivorship Claims, and Negligent In?iction of Emotional Distress and the Tort of Outrage Xuyen Le, the duly appointed Personal Representative of the Estate of Tommy Le, (King County Superior Court Number 17 -4-047 98-5) hereby noti?es Martin Luther King Jr. (King) County, The King County Sheriff 5 Of?ce, John Urquhart, King County Sheriff, and Caesar Molina, Deputy King County Sheriff, of her intention to ?le suit for monetary and punitive damages in the United States District Court for Western Washington at Seattle. The suit will allege that under the color of state law, Caesar Molina, a King County Deputy Sheriff, shot and killed Tommy Le, an unarmed 120 pound student in violation of Tommy Le?s United States? Constitutional 4th Amendment right to be free ?om the application of excessive deadly force by police of?cers. Deputy Sheriff Molina?s use of deadly force under the circumstances constituted excessive force and an unreasonable seizure. The Estate of Tommy Le seeks redress for his death under 42 USC 1983, applicable Washington state wrongful death/survivorship laws, federal laws, and both state and federal legal A substantial contributing cause of Tommy Le?s wrongful death and deprivation of civil rights was the unconstitutional policies, practices and operating procedures of Martin Luther King Jr. County (King County), the King County Sheriffs Of?ce, and the failure of King County Sheriff John Urquhart, who was the ?nal policy maker at the King County Sheriff?s Of?ce, to develop, implement and supervise policies that assured that deputy sheriffs were properly selected, trained, instructed, and supervised regarding the constitutional restrictions upon and effective alternatives to the use of deadly force against citizens including individuals who appear to be a disturbed or confused person suffering from some type of emotional or mental disorder. - 3 - AMEMED Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 26 of 30 Tommy Le?s Family?s Civil Rights Claims Tommy Le?s Father, Hoai ?Sunny? Le; Mother, Dieu Ho; Aunts, Uyen Le and Xuyen Le; Grandmother, Kim Tuyet Le; brothers and sister, Quoc Nguyen, Tam Nguyen, Dung Nguyen, Julia Nguyen, and Jefferson Nguyen; of the deceased Tommy Le hereby notify Martin Luther King Jr. County (Khrg County), the King County Sheriffs Of?ce, John Urquhart, King County Sheriff, and Caesar Molina, Deputy King County Sheriff of their intention to ?le suit for monetary punitive damages in the United States District Court for Western Washington at Seattle for the Violation of civil rights including the family member?s US Constitutional 51h and 14th amendment liberty right to the family relationship and consortium with the deceased, Tommy Le, and as well as harms caused by the negligence and outrageous conduct of the named King County Of?cials related to the concealment. In addition to the private and public misrepresentation of the facts surrounding the death of Tommy Le including, but not limited to: misstating that ommy Le was armed and attacking the deputy sheriffs and other individuals when he was shot and killed by King County Deputy Sheriff Molina. It was foreseeable that such an untrue statement would and in fact did cause emotional harm to the family members. Such behavior of concealing the truth ?om the public and announcing misstatements to the family constitute the Tort of Outrage under Washington state law. Washington State Torts of Negligence: In?iction of Emotional Distress and Outrage The Le family is a family of non-violent and law-abiding Vietnamese Refugees/Migrants of the Buddhist faith, who ?ed the violent police state of Vietnam in the 80s and early 90s. Like most Buddhists, Tommy Le and the entire Le family do not tolerate or participate in violence. None of the Le family have committed crimes and certainly no acts of violence. King County Sheriff John Urquhart and King County Deputy Sheriff Caesar Molina, and other unknown individuals employed by the King County Sheriff Of?ce, knowing that Tommy Le was unarmed at the time he was shot dead, conspired to withhold from the press and family the crucial facts that Tommy Le was unarmed at the time he was shot by Deputy Sheriff Molina and that he was shot in the back. The Sheriffs of?cers also disseminated an untrue account of the shooting of Tommy Le in which the public was told that Tommy Le was attacking the police of?cers with a knife when he was shot. The sheriff of?cers concealed the fact that Was shot in the back. Certainly, the fact that Tommy Le was unarmed and shot in the back, twice, was known to King County Sheriff 8 Of?ce when they made the untrue statements. Shortly after Tommy Le?s shooting death several King County Sheriff of?cers came to the Le family home and noti?ed the Le family of Tommy Le?s death. These King County Sheriff?s personnel told the Le family that Tommy Le was shot because he was attempting to kill the deputy sheriff that shot him with a knife. The deputies? statements were knowingly untrue, false, and misleading and predictably caused Tommy Le?s family members emotional and harm constituting the Washington State torts of negligence in?iction of emotional distress and outrage. It was foreseeable that such an untrue statement relating to Tommy Le attacking police of?cers with a knife would and in fact did cause emotional harm to the family members. 4 - AMENDED Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 27 of 30 Parents of Tommy Le, Hoai ?Sunny? Le and Dieu Ho, Claim for 42 USC 1983 deprivation of their US Constitution 5tll and 14th Amendment Liberty Rights in the Relationship with their Adult Child, Tommy Le. In addition to violation of Tommy Le?s US Constitutional right to be free of excessive force during arrest or seizure, Tommy Le?s parents, Hoai ?Sunny? Le and Dieu Ho, seek compensation for Deputy Molina, Sheriff Urquhart and King County Sheriff and King County?s unconstitutional deprivation of their US Constitutional 5th and 14":1 Amendment rights. Under their 14th Amendment rights, Deputy Molina, Sheriff Urquhart, King County Sheriff?s O?ice, and King County acted with deliberate indifference to take away their rights to enjoy their parent/child relationship with their child, Tommy Le. 9. Location of incident: 136th Avenue South and 3"d Avenue South, Burien, WA. 10. If the incident occurred on a street or highway: Yes, 136?? Avenue South and 3rd Avenue South, Burien, WA. 11. Agency or department alleged responsible for damage/injury: King County, King County Sheriff?s Office John Urquhart, Sheriff 12. Names, addresses and telephone numbers of all persons involved in or witness to this incident: The King County Sheriff?s Of?ce has compiled but refused to release witness statements to the representatives of the deceased Tommy Le. Brian Maxrim MD, Associate King County Medical Examiner Richard Harruff MD King County Medical Examiner King County Medic One 13. Names, addresses and telephone numbers of all entity employees having knowledge about this incident: Caesar Molina, King County Deputy Sheriff Matt Paul, King County Deputy Sheriff Tanner Owens, King County Deputy Sheriff King County Deputy Sheriffs who responded (?10 cars?) known to King County but whose identities have been concealed from Tommy Le?s representatives John Urquhart, King County Sheriff Christopher Berringer, Deputy King County Sheriff Adam E. Easterbrook, reporting of?cer on scene, King County Deputy Sheriff 5 - AMENDED Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 28 of 30 Laurence J. Zimnisky, KCSO Reviewer of Report, King County Deputy Sheriff Christo Johnson, Investigator assigned, King County Deputy Sheriff Cindy West, King County Sheriff Public Information Of?cer Donovan Marley, 9-1-1 Responder, EMT-Paramedic 1265 Anthony DeSanto, 9-1-1 Responder Harborview Emergency Department Personnel as yet unknown Brian Maxrim MD, Associate King County Medical Examiner Richard Harruff MD King County Medical Examiner Burien residents whose identities are known to King County Sheriff but whose identities have been concealed from Tommy Le?s representatives. Deceased Tommy Le?s family, do Campiche Arnold PLLC. 14. Names, addresses and telephone numbers of all individuals not already identi?above that have knowledge regarding the liability issues involved in this incident, or knowledge of the Claimant?s resulting damages. Please include a brief description as to the nature and extent of each person?s knowledge. Attach additional sheets if necessary. See above. 15. Describe the cause of the injury or damages. Explain the extent of property loss or medical, physical or mental injuries. Attach additional sheets if necessary: Factual Smopsis: On June 14th, 2017 in Burien, King County, Washington, at the corner of 136tll and 3"?1 Avenue South, King County Deputy Sheriff Caesar Molina unlawfully shot and killed Tommy Le, an unarmed 120 pound student. Deputy Molina shot Tommy in the back - twice. A cause of the killing was King County Sheriff John Urquhart, King County Sheriffs Of?ce and King County?s unconstitutional policies and procedures and the negligent training, supervision, and selection of Deputy Molina. Causes include but are not limited to: Tommy Le?s death was caused by the unlawful use of deadly force by King County Deputy Sheriff Caesar Molina. Deputy Molina shot the unarmed 1201b student, Tommy Le in the back. A cause of Tommy Le?s killing was King County Sheriff John Urquhart, King County Sheriff?s Of?ce and King County?s unconstitutional policies and procedures and the negligent selection training, and supervision of Deputy Molina. - 6 - AMENDED Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 29 of 30 Harms, Losses and Damages: Deprivation of the claimant?s US civil rights to be free of unreasonable seizures and to enjoy the family and parent - child relationship, loss of life, future economic loss, pre-death pain and suffering and loss of parent?s liberty right in relationship with Tommy Le, their child. Family emotional distress, humiliation, and outrage. 17. Names, addresses and telephone numbers of treating medicai providers. Attach copies of all medical reports and billings. 9-1-1 King County Medic One Report attached at No. A. University of Washington Harborview Medical Center Emergency Medicine Department Chart, to be supplemented. King County Medical Examiner?s Report attached at No. B. See above at No. 12. 18. Please attach documents that support the claim?s allegations. Those records in counsel?s possession are produced on the attached CD Rom. Updated copies will be provided upon receipt. 19. Damages: The Estate of Tommy Le has suffered and claims compensatory damages as determined by a jury but not iess than $10,000,000.00. The Le family seek compensatory damages in the amount to be determined by a jury but not less than $0,000,000.00. The Estate and family of Tommy Le seek punitive damages as determined by a jury but not less than $10,000,000.00. The claimants will also seek attorney fees and litigation costs, as determined by the fees and costs incurred in the prosecution of this case. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Jeffery . ampiche, WSBA N0. 7592 Linda . Tran, WSBA No. 50109 - 7 - AMENDED Case 2:18-cv-00055 Document 1 Filed 01/16/18 Page 30 of 30 CAMPICHE ARNOLD PLLC Attorneys for Estate of Tommy Le and the Le family Attachments (not attached to Amendment/Attached to Notice of Claim): A. Medic One Report B. King County Medical Examiner?s Report - 8 - AJUENDED