Case 4:18-cv-01420 Document 1 Filed in TXSD on 05/03/18 Page 1 of 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF TEXAS HOUSTON DIVISION EMMA NICOLE LOPEZ, Plaintiff, v. SHERIFF EDWARD GONZALEZ, Officially, P.O. DANIEL SANCHEZ, JOHN DOE OFFICERS, Individually, HARRIS COUNTY SHERIFF’S OFFICE, and THE CITY OF KATY, a municipal corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. Judge Magistrate Judge JURY DEMAND COMPLAINT AT LAW NOW COMES the Plaintiff, EMMA NICOLE LOPEZ by and through her attorneys, Gregory E. Kulis & Associates, Ltd. and Law Office of Michael J. Edwards, II, P.C., complaining against the Defendants, SHERIFF EDWARD GONZALEZ, Officially, P.O. DANIEL SANCHEZ, JOHN DOE OFFICERS, Individually, HARRIS COUNTY SHERIFF’S OFFICE and THE KATY ISD, a municipal corporation, as follows: COUNT I – FALSE ARREST 1. This action is brought pursuant to the Laws of the United States Constitution, specifically, 42 U.S.C. §1983 and §1988, and the laws of the State of Texas, to redress deprivations of the Civil Rights of the Plaintiff, EMMA NICOLE LOPEZ accomplished by acts and/or omissions of Defendants, SHERIFF EDWARD GONZALEZ, Officially, P.O. DANIEL SANCHEZ, JOHN DOE OFFICERS, Case 4:18-cv-01420 Document 1 Filed in TXSD on 05/03/18 Page 2 of 9 Individually, HARRIS COUNTY SHERIFF’S OFFICE, HARRIS COUNTY and THE CITY OF KATY, a municipal corporation, committed under color of law. 2. Jurisdiction is based on Title 28 U.S.C. §1343 and §1331 and supplemental jurisdiction of the State of Texas 3. The Plaintiff, EMMA NICOLE LOPEZ, is a twenty-six year old female and was at all relevant times, a resident of Harris County in the State of Texas. 4. At all relevant times, the Defendant, P.O. DANIEL SANCHEZ was a duly appointed Katy Police Officer acting within the scope of his employment and under color of law. 5. At all relevant times Eddie Gonzalez was the Sheriff of Harris County and responsible for setting policies for the personnel and operations of the Harris County jail. 6. The City of Katy and the Katy ISD are statutorily created municipal entities empowered to enforce the laws of the state of Texas and to serve and protect citizens in the city. 7. On or about March 1, 2018, the Plaintiff, EMMA NICOLE LOPEZ, was driving in the vicinity of Breezy Hill and Mason Road in Katy, Texas. 8. The Defendant, P.O. DANIEL SANCHEZ pulled over the Plaintiff for an alleged traffic violation. 9. The Plaintiff, EMMA NICOLE LOPEZ was not committing a jail-able offense. 10. The Defendant thereafter called for a K-9 drug dog. 11. The Defendant allegedly found approximately a half gram of marijuana in the vehicle. 2 Case 4:18-cv-01420 Document 1 Filed in TXSD on 05/03/18 Page 3 of 9 12. The Defendant, P.O. DANIEL SANCHEZ thereafter charged the Plaintiff with possession of marijuana in a drug-free zone. 13. There were no facts to support the Plaintiff, EMMA NICOLE LOPEZ for said charge and to place her into arrested custody. 14. Material facts alleged and relayed to the Harris County District Attorney Intake Desk by P.O. DANIEL SANCHEZ were false. 15. At at relevant times, the Defendant was acting pursuant to the customs and policies of the Katy Police Department. 16. The actions of the Defendant, P.O. DANIEL SANCHEZ were intentional, willful, wanton and with malice. 17. Said actions of the Defendant, P.O. DANIEL SANCHEZ violated the Plaintiff, EMMA NICOLE LOPEZ’S Fourth and Fourteenth Amendment Rights of the United States Constitution and were in violation of said rights protected by 42 U.S.C. §1983. 18. As a direct and proximate consequence of said conduct of the Defendant, P.O. DANIEL SANCHEZ individually, the Plaintiff, EMMA NICOLE LOPEZ suffered violations of her constitutional rights, emotional anxiety, fear, humiliation, monetary loss, embarrassment, fear, pain and suffering and future pain and suffering. WHEREFORE, the Plaintiff, EMMA NICOLE LOPEZ, prays for judgment in her favor and against the Defendant, P.O. DANIEL SANCHEZ for a reasonable amount in compensatory damages, punitive damages, plus attorneys’ fees and costs. 3 Case 4:18-cv-01420 Document 1 Filed in TXSD on 05/03/18 Page 4 of 9 COUNT II – MONELL CLAIM / CITY OF KATY, TEXAS 1-16. The Plaintiff, EMMA NICOLE LOPEZ, hereby realleges and incorporates her allegations of paragraphs 1-16 of Count I as her respective allegations of paragraphs 1-16 of Count II as though fully set forth herein. 17. The actions of Defendant, P.O. DANIEL SANCHEZ were conducted pursuant to unwritten customs, practice and policy to overcharge an arrestee with drugs / narcotics despite there being no ground to support these serious charges. 18. There were no facts to support probable cause to arrest the Plaintiff and take her into custody. 19. As a result of this unwritten custom practice and policy of the City of Katy, the Defendant, P.O. DANIEL SANCHEZ charged the Plaintiff with a misdemeanor drug charge. 20. The charges against the Plaintiff were false. 21. At all relevant times, the Defendant, P.O. DANIEL SANCHEZ, was acting pursuant to these customs, practices and policies of the Katy Police Department. 22. Said actions of the Defendant, P.O. DANIEL SANCHEZ, violated the Plaintiff, EMMA NICOLE LOPEZ’S Fourth and Fourteenth Amendment Rights of the United States Constitution and were in violation of said rights protected by 42 U.S.C. § 1983. 23. As a direct and proximate consequence of said conduct of the Defendant, P.O. DANIEL SANCHEZ, acting pursuant to the customs, practices and policies of Katy Texas, the Plaintiff, EMMA NICOLE LOPEZ, suffered violations of her constitutional 4 Case 4:18-cv-01420 Document 1 Filed in TXSD on 05/03/18 Page 5 of 9 rights, emotional anxiety, fear, humiliation, monetary loss, pain and suffering and future pain and suffering. WHEREFORE, the Plaintiff, EMMA NICOLE LOPEZ, prays for judgment in her favor and against the Defendant, CITY OF KATY for a reasonable amount in compensatory damages, plus attorneys’ fees and costs. COUNT III – EXCESSIVE FORCE 1-17. The Plaintiff, EMMA NICOLE LOPEZ hereby realleges and incorporates her allegations of paragraphs 1-17 of Count I, as her respective allegations of paragraphs 1-17 of Count III as though fully set forth herein. 18. The Defendant, JOHN DOE I at all relevant times was working for the Harris County Sheriff’s Department and at Harris County and the jail, At all relevant times the Defendant JOHN DOE I was acting within his scope of employment. 19. At all relevant times the Defendant JOHN DOE I was acting under color 20. After being arrested, the Plaintiff was booked in the Harris County Jail. 21. While in a holding cell OFFICER JOHN DOE entered the holding cell and of law handcuffed the Plaintiff. 22. The Defendant JOHN DOE I thereafter raped her. 23. Said actions were excessive and unreasonable. 24. Said actions of OFFICER JOHN DOE were intentional, willful and wanton. 25. The Plaintiff, EMMA NICOLE LOPEZ begged OFFICER JOHN DOE to stop but he refused. 5 Case 4:18-cv-01420 Document 1 Filed in TXSD on 05/03/18 Page 6 of 9 26. Said actions were in violation of the Plaintiff’s right to freedom from excessive force and constituted a violation of her Fourth and Fourteenth Amendment Rights of the United States Constitution. 27. As a result of the actions of the Defendant, OFFICER JOHN DOE, the Plaintiff suffered severe emotional distress, embarrassment, insult, fear, anxiety, pain and suffering, future and permanent emotional and psychological pain and suffering WHEREFORE, the Plaintiff, EMMA NICOLE LOPEZ, prays for judgment in her favor and against the Defendant, OFFICER JOHN DOE in excess of one million ($1,000,000.00) dollars compensatory damages, punitive damages, plus attorneys’ fees and costs. COUNT IV - INDEMNIFICATION 1-31. The Plaintiff, EMMA NICOLE LOPEZ, hereby realleges and incorporates her allegations of paragraphs 1-31 of Counts I through III as her respective allegations of paragraphs 1-31 of Count IV as though fully set forth herein. 20. Texas law provides that public entities are directed to pay any tort judgment for compensatory damages for which employees are liable within the scope of their employment activities. 21. The Defendants, P.O. DANIEL SANCHEZ and OFFICER JOHN DOE were employees of THE CITY OF KATY and the HARRIS COUNTY SHERIFF’S DEPARTMENT, respectively, who acted within the scope of their employment in committing the misconduct described herein. WHEREFORE, should the individual Defendants, be found liable for any of the acts alleged above, the Defendants, THE CITY OF KATY and the HARRIS COUNTY 6 Case 4:18-cv-01420 Document 1 Filed in TXSD on 05/03/18 Page 7 of 9 SHERIFF’S DEPARTMENT, would be liable to pay the Plaintiff, EMMA NICOLE LOPEZ any judgment obtained against the Defendants. COUNT V – MONELL CUSTOM PRACTICE POLICY AND PROCEDURES HARRIS COUNTY SHERIFF’S DEPARTMENT 1-26. The Plaintiff realleges and incorporates the allegations contained in paragraphs 1-26 of Counts III as her respective allegations of paragraphs 1-26 of Count V as though fully set forth herein. 27. The Harris County Sheriff’s Department and SHERIFF EDWARD GONZALEZ, Officially have a duty and obligation to supervise, discipline and train its officers to prevent them from violating citizens’ rights through the power and authority they have. 28. The Harris County Sheriff’s Department has a duty and obligation to protect pre-trial detainees from unlawful attacks. 29. The Harris County Jail has a long history of attacks and violence within the facility. 30. The Defendant, HARRIS COUNTY SHERRIFF’S DEPARTMENT has failed to monitor, supervise or train their officers which have therefore given them the comfort and sense that they can violate citizens’ rights and not be disciplined. 31. This is evidenced in the number of deaths, attacks, and civil rights complaints filed with the jail. 32. This lack of supervision and training fosters a climate in the ranks of personnel at the Harris County Jail that if a citizen’s rights are violated they do not have to report it, can look the other way and maintain a code of silence. 7 Case 4:18-cv-01420 Document 1 Filed in TXSD on 05/03/18 Page 8 of 9 33. As a result of the customs, policies and practices for the Harris County Sheriff’s Department and the Sheriff, EDWARD GONZALEZ, the Defendant officers ignored the rights of the Plaintiff herein. 34. As a result of the customs, policies and practices of the Harris County Sheriff’s Department and the SHERIFF EDWARD GONZALEZ, the Defendant John Doe Officers failed to report the unlawful actions committed against the Plaintiff and facilitated his actions. 35. As a result thereof the Plaintiff’s rights were violated in a long standing climate at the Harris County Jail in violating citizens’ rights. 36. As a result thereof the Plaintiff’s rights were violated and she suffered fear, insult, pain, suffering, emotional distress, embarrassment and future pain and suffering. WHEREFORE, the Plaintiff, EMMA NICOLE LOPEZ, prays for judgment in her favor and against the Defendants, HARRIS COUNTY SHERIFF’S DEPARTMENT and SHERIFF EDWARD GONZALEZ, Officially, in excess of one million ($1,000,000.00) dollars compensatory damages, plus attorneys’ fees and costs. COUNT VI - BATTERY/INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 1-22. The Plaintiff realleges and incorporates the allegations contained in paragraphs 3-25 of Count III as her respective allegations of paragraphs 1-22 of Count VI as though fully set forth herein. 23. The actions of OFFICER JOHN DOE were not consensual but offensive. 24. The actions of the Defendant, OFFICER JOHN DOE were done with intent to cause physical harm, psychological harm, anxiety and emotional distress; and in fact, did so. 8 Case 4:18-cv-01420 Document 1 Filed in TXSD on 05/03/18 Page 9 of 9 25. As a result of the actions of the Defendant, OFFICER JOHN DOE, the Plaintiff suffered severe emotional distress, embarrassment, insult, fear, anxiety, pain and suffering, future and permanent emotional and psychological pain and suffering WHEREFORE, the Plaintiff, EMMA NICOLE LOPEZ, prays for judgment in her favor and against the Defendant, OFFICER JOHN DOE in excess of one million ($1,000,000.00) dollars compensatory damages, punitive damages, plus attorneys’ fees and costs. JURY DEMAND The Plaintiff, EMMA NICOLE LOPEZ hereby requests a trial by jury. Respectfully submitted, /s/ Michael J. Edwards, II Michael J. Edwards, II Gregory E. Kulis & Associates, Ltd. 30 North LaSalle Street, Suite 2140 Chicago, Illinois 60602 (312) 580-1830 No. 6180966 Michael J. Edwards, II 700 Louisiana Street Suite 3950 Houston, TX 77002 832-390-2732 9 Case 4:18-cv-01420 Document 1- IS 44 (Rev. 06/17) 1 Filed in TXSD on 05/03/18 Page 1 of 2 CIVIL COVER SHEET The 44 civil cover sheet and the information contained herein neither replace nor supplement the ?ling and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PA GE OF THIS FORM) I. PLAINTIFFS EMMA NICOLE LOPEZ County of Residence of First Listed Plaintiff Harris DEFENDANTS HARRIS COUNTY DEPARTMENT, et al. County of Residence of First Listed Defendant (EXCEPT IN US. PLAINTIFF CASES) Address, and Telephone Number) 700 Louisiana StreetSuite 3950 Houston, TX 7700 (IN US. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. NOTE: Attorneys (If Known) II. BASIS OF JURISDICTION (Place an in OneBox Only) CITIZENSHIP OF PRINCIPAL PARTIES (Place an in One Box for Plaintz? (F or Diversity Cases Only) and One Box for Defendant) I3 1 US. Government 21 3 Federal Question PTF DEF PTF DEF Plaintiff (US. Government Not a Party) Citizen of This State I3 1 I3 1 Incorporated or Principal Place I3 4 I3 4 of Business In This State I3 2 US. Government I3 4 Diversity Citizen of Another State I3 2 l3 2 Incorporated and Principal Place I3 5 l3 5 Defendant (Indicate Citizenship of Parties in Item of Business In Another State Citizen or Subject of a I3 3 I3 3 Foreign Nation I3 6 I3 6 Foreign Country IV. NATURE OF SUIT (Place an in One Box Only) Click here for: Nature of Suit Code Descriptions. I CONTRACT PENALTY BANKRUPTCY OTHER STATUTES I I3 110 Insurance PERSONAL INJURY PERSONAL INJURY I3 625 Drug Related Seizure I3 422 Appeal 28 USC 158 I3 375 False Claims Act I3 120 Marine I3 310 Airplane I3 365 Personal Injury - of Property 21 USC 881 I3 423 Withdrawal 130 Miller Act I3 315 Airplane Product Product Liability I3 690 Other 28 USC 157 3729(a)) I3 140 Negotiable Instrument Liability I3 367 Health Care/ I3 400 State Reapportionment I3 150 Recovery of Overpayment I3 320 Assault, Libel Pharmaceutical PROPERTY RIGHTS I3 410 Antitrust Enforcement of Judgment Slander Personal Injury I3 820 Copyrights I3 430 Banks and Banking I3 151 Medicare Act I3 330 Federal Employers? Product Liability I3 830 Patent I3 450 Commerce I3 152 Recovery of Defaulted Liability I3 368 Asbestos Personal I3 835 Patent - Abbreviated I3 460 Deportation Student Loans I3 340 Marine Injury Product New Drug Application I3 470 Racketeer In?uenced and (Excludes Veterans) I3 345 Marine Product Liability I3 840 Trademark Corrupt Organizations I3 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY I3 480 Consumer Credit of Veteran?s Bene?ts I3 350 Motor Vehicle I3 370 Other Fraud I3 710 Fair Labor Standards I3 861 HIA (1395ff) I3 490 Cable/ Sat TV I3 160 Stockholders? Suits I3 355 Motor Vehicle I3 371 Truth in Lending Act I3 862 Black Lung (923) I3 850 Securities/Commodities/ I3 190 Other Contract Product Liability I3 380 Other Personal I3 720 Labor/Management I3 863 (405(8)) Exchange I3 195 Contract Product Liability I3 360 Other Personal Property Damage Relations I3 864 SSID Title XVI I3 890 Other Statutory Actions I3 196 Franchise Injury I3 385 Property Damage I3 740 Railway Labor Act I3 865 RSI (405(g)) I3 891 Agricultural Acts I3 362 Personal Injury - Product Liability I3 751 Family and Medical I3 893 Environmental Matters Medical Malpractice Leave Act I3 895 Freedom of Information I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS I3 790 Other Labor Litigation FEDERAL TAX SUITS Act I3 210 Land Condemnation a 440 Other Civil Rights Habeas Corpus: I3 791 Employee Retirement I3 870 Taxes (US. Plaintiff I3 896 Arbitration I3 220 Foreclosure I3 441 Voting I3 463 Alien Detainee Income Security Act or Defendant) I3 899 Administrative Procedure I3 230 Rent Lease Ejectrnent I3 442 Employment I3 510 Motions to Vacate I3 871 IRS?Third Party Act/Review or Appeal of I3 240 Torts to Land I3 443 Housing/ Sentence 26 USC 7609 Agency Decision I3 245 Tort Product Liability Accommodations I3 530 General I3 950 Constitutionality of I3 290 All Other Real Property I3 445 Amer. w/Disabilities - I3 535 Death Penalty IMMIGRATION State Statutes Employment Other: I3 462 Naturalization Application I3 446 Amer. w/Disabilities - I3 540 Mandamus Other I3 465 Other Immigration Other I3 550 Civil Rights Actions I3 448 Education I3 555 Prison Condition I3 560 Civil Detainee - Conditions of Con?nement V. ORIGIN (Place an in One Box Only) X1 Original I3 2 Removed from Proceeding State Court I3 3 Remanded from Appellate Court 42 U.S.C. Sec. 1983 and Sec. 1988 Brief description of cause: Excessive force, false arrest, battery VI. CAUSE OF ACTION I3 4 Reinstated or l3 6 Multidistrict Litigation? Transfer I3 8 Multidistrict Litigation - Direct File 5 Transferred from Another District (511661350 Reopened Cite the US. Civil Statute under which you are ?ling (Do not cite jurisdictional statutes unless diversity): VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, JURY DEMAND: Yes RELATED (See instructions): IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 05/03/2018 Michael J. Edwards, FOR OFFICE USE ONLY RECEIPT AMOUNT APPLYING IFP JUDGE MAG. JUDGE Case 4:18-cv-01420 Document 1-1 Filed in TXSD on 05/03/18 Page 2 of 2 JS 44 Reverse (Rev. 06/17) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM 44 Authority For Civil Cover Sheet The 44 civil cover sheet and the information contained herein neither replaces nor supplements the ?lings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint ?led. The attorney ?ling a case should complete the form as follows: (C) II. IV. VII. Plaintiffs-Defendants. Enter names (last, ?rst, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an of?cial within a government agency, identify ?rst the agency and then the of?cial, giving both name and title. County of Residence. For each civil case ?led, except U.S. plaintiff cases, enter the name of the county where the ?rst listed plaintiff resides at the time of ?ling. In US. plaintiff cases, enter the name of the county in which the ?rst listed defendant resides at the time of ?ling. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the ?rm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule .R.CV.P., which requires that jurisdictions be shown in pleadings. Place an in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and of?cers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its of?cers or agencies, place an in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the US. is a party, the US. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. Origin. Place an in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the ?ling date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the ?ling date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is ?led in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: US. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an in this box if you are ?ling a class action under Rule 23, F.R.CV.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. Related Cases. This section of the 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.