Lucas SERAFINE 8198 Dusky Shadows Street Las Vegas, NV 89113 (702) 682-9039) FILED MAY 12 2017 Pro Per SUPERIOR COURT OF CALIFORNIA, SONOMA COUNTY UNLIMITED CIVIL JURISDICTION LUCAS SERAFINE ) Case No.: SCV-260271 ) Plaintiff, vs. CITY OF ROHNERT PARK,BRENDONJACY TATUM, Individually and in his Official Capacity; NICHOLAS MILLER. Individually and in his Official Capacity; and DOES 1 thru 25 inclusive, ) PLAINTIFF'S 1ST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF ) ) ) ) ) ) ) 1) REPLEVIN 2) CLAIM & DELIVERY 3) VERIFIED PETITION FORWRITOF MANDATE 4) 42 § 1983 (UNLAWFUL SEARCH & SEIZURE) 5) 42 § 1983 (MUNCIPAL LIABILITY) ) ) ) u.s.c ) Defendants. u.s.c Plaintiff alleges: PARTIES Plaintiff LUCAS SERAFINE is an individual, and at all relevant times herein, resided in Clark County, Nevada. Defendant CITY OF ROHNERT PARK is a political subdivision of the State of California, situated in the Sonoma County. Defendant BRENDON JACY TATUM is a Sergeant, employed by the CITY OF ROHNERT PARK Department of Public Safety. Defendant NICHOLAS MILLER is an Officer, employed by the CITY OF ROHNERT PARK Department of Public Safety. The true names and capacity of the defendants, DOES 1 through 25 inclusive, whether individual, corporate, associate or otherwise, are unknown to Plaintiff at the time of the filing of this Complaint and Plaintiff, therefore, sue said Defendants by such fictitious names and will seek leave of Court to amend this Complaint to show their true names or capacities when the same have been ascertained. Plaintiff is informed and believes, and thereon alleges that each of the DOE Defendants is, in some manner, responsible for the events and happenings herein set forth and proximately caused injury and damages to the plaintiffs as herein allege. At all times herein mentioned, each of the Defendants was the agents, servants and employee of each of the remaining Defendants, and were, at all times herein mentioned, acting within the scope of said agency and/or employment. JURISDICfiON Inter alia, this is a civil action under 42 U.S.C § 1983 seeking damages and injunctive relief against Defendants for committing acts, under color of law, with the intent and for the purpose of depriving Plaintiff of rights secured under the Constitution and laws of the United States, including the Fourth Amendment Right to be free of unreasonable search and seizure, as applied in state courts via the Fourteenth Amendment, which guarantees to the citizen of every state the right to due process and equal protection of the laws. This case arises under the United States Constitution and 42 U.S.C. Sections 1983 and 1988, as amended, and Plaintiff brings this action owing to an unlawful search and seizure. Ill Ill VENUE ALLEGATIONS All of the acts and/or events complained of took place within Sonoma County, California More specifically, all of the acts and/or events occurred with the jurisdiction of CITY OF ROHNERT PARK. FACTUAL ALLEGATIONS On March 10,2016, while traveling, by car, through the CITY OF ROHNERT PARK, Plaintiff LUCAS SERAFINE and Manaya Hayden were stopped by Sergeant BRENDON JACY TATUM and Officer NICHOLAS MILLER (Hereinafter combined as "PUBLIC SAFETY OFFICERS"). When asked the reason behind the stop, PUBLIC SAFETY OFFICERS claimed that Manaya Hayden was "driving too fast in the current weather" conditions. Plaintiff LUCAS SERAFINE is Caucasian and Manaya Hayden is African American. Almost immediately, PUBLIC SAFETY OFFICERS expressed a desire to search the vehicle for contraband. But, neither Plaintiff nor Manaya Hayden would consent to a vehicle search Defendant BRENDON JACY TATUM alleged that he smelled "processed" marijuana, and using that reasoning as a pretext to search the entire vehicle. PUBLIC SAFETY OFFICERS searched the passenger compartment and the trunk of the vehicle, without Plaintiff's permission and without the permission ofManaya Hayden. This search did not result in the finding of any marijuana However, PUBLIC SAFETY OFFICERS' did locate approximately $132,000 in cash, together with bank records, other documents and a cellphone. The cash was found in two sealed containers in the trunk of the vehicle. These items belong to the Plaintiff. Defendant BRENDON JACY TATIJM seized the cash, cellphone and documents. Defendant BRENDON JACY TATUM would not provide a receipt for the seized cash. It was not until Plaintiff's attorneys requested an evidence log from the CITY OF ROHNERT PARK Police Department that any documentation was provided. The Plaintiff was ultimately cited and released. The citation alleges a felony violation of Health & Safety Code 11370.6(a). PUBLIC SAFETY OFFICERS cited Manaya Hayden for the same felony violation of Health & Safety Code 11370.6(a). Neither citation contained an alleged traffic violation. Notwithstanding this citation, to-date, no formal charges have been brought against the Plaintiff, and there is no evidence that the seized funds were "obtained as the result of the unlawful sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture any [scheduled] controlled substance" (See Health & Safety Code § 11370.6(a).) Over the past 12 months, Plaintiff and his attorneys have attempted to secure the return of the seized cash, documents and cellphone, and have submitted proof of income to the Sonoma County District Attorney's Office. To-date, the Defendant has refused to return the Plaintiff's property. Ill Ill Ill FIRST CAUSE OF ACTION (lWliWD) Plaintiff realleges and incorporates paragraphs 1 - 26 into this cause of action. This cause of action is alleged against the CITY OF ROHNERT PARK, and each of them, --- ---- MILLER are guilty of malice, fraud and oppression, as defined in Civil Code § 3294, and Plaintiff should recover, in addition to actual damages, dames to make an example of and to punish the individual Defendants. FIFTH CAUSE OF ACTION (42 U.S.C. §§ 1983 & 1988- Municipal Liability) Plaintiff realleges and incorporates paragraphs 1 - 26; 42 - 50 into this cause of action. This cause of action is alleged against the CITY OF ROHNERT PARK. Plaintiff alleges thai his constitutioual rights were violated when he was detain, searched and his property seized by Sergeant BRENDON JACY TATUM and Officer NICHOLAS MILLER The CITY OF ROHNERT PARK is also liable under 42 U.S.C. § 1983 for failing to supervise and train its public safety officers, and for overlooking and covering up officer misconduct. In addition, CITY OF ROHNERT PARK had a general policy, pattern and/or practice of not disciplining police officers for their conduct, thereby sanctioning the police officers' actions, which amounted to a departmental policy of overlooking constitutioual violations. The CITY OF ROHNERT PARK's failure to supervise and train its public safety officers, and the CITY OF ROHNERT PARK's willful blindness towards the constitutioual violations of its employees, constitute gross negligence and/or deliberate and conscious indifference to people's rights including the right to free from unreasonable search and seizure. Additionally, municipalities may be held liable under 42 U.S.C. § 1983 for constitutional torts that are committed pursuant to a policy, procedure, practice, or custom of the municipality. Even if the CITY OF ROHNERT PARK's practice of overlooking constitutional torts was not authorized by an officially adopted policy, the practice may be so common and well-settled that it fairly represents official policy. (See Bd ofCounty Comm 'rs ofBryan County v. Brown, 520 U.S. 397). In the present case, the CITY OF ROHNERT PARK's formal and informal actions in overlooking, hiding and/or tacitly encouraging police misconduct through other public safety officers reflect a policy, practice custom and procedure authorizing and allowing the use of legal methods to search for and seize property excessive force that violated the civil rights .of Plaintiff. Consequently, the CITY OF ROHNERT PARK is liable for harm caused to others, such as Plaintiffs, as a result of its policies, practices customs and procedures. Defendant CITY OF ROHNERT PARK is liable for the constitutional torts of Sergeant BRENDON JACY TATUM and Officer NICHOLAS MILLER becanse the CITY OF ROHNERT PARK sanctioned the following customs, practices, and policies: (A) Using uulawful search and seizure methods at otherwise routine arrests or stops (B) Ignoring the serious need for training and supervision of its officers in regards to lllllawful searches and seizures; (C) Failing to discipline those persons whom are found to have engaged in uulawful searches and seizures, upon those entrusted to their care and/ or under their control; (D) Failing to adequately supervise and/or observe its officers; (E) Failing to discharge officers who have shown a pattern or practice of using uulawful search and seizures; and (F) Adopting a practice whereby officers, who are unfit for peace officer duties, as shown by prior actions in the line of duty, are allowed to retain their positions. At the time Sergeant BRENDON JACY TATUM and Officer NICHOLAS :MJLLER detained and searched the Plaintiff, and seized his property, they were acting pursuant to an official city policy, practice, custom and procedure overlooking and/or authorizing police officer's abusive conduct. Thus, the CITY OF ROHNERT PARK's policy of overlooking and cover up police corruption was a direct cause of Plaintiffs' injuries. In particular, the policy caused Plaintiff to be deprived of his constitutional rights to be free from uulawful searches and seizures the Fourth and Fourteenth Amendments, as applied through 42 U.S. C. Section 1983 and 1988. As a legal and proximate result of Defendants' misconduct, Plaintiff suffered mental anguish, including but not limited to the emotional pain, and torment As a legal and proximate result of Defendants' misconduct, Plaintiff loss the use, investment and income earning potential of approximately $132,000, which was uulawfully seized by Sergeant BRENDON JACY TATUM and Officer NICHOLAS :MJLLER, on March 10,2016. Sergeant BRENDON JACY TATUM and Officer NICHOLAS :MJLLER committed an uulawful detention, search and seizure upon Plaintiff. This misconduct was intentional, knowing, and/or reckless, and the proximate cause ofloss of income and emotional injuries to the Plaintiff. Said injuries were the direct and immediate consequence of Sergeant BRENDON JACYTATUM's and Officer NICHOLAS MILLER's wrongful acts and a natural and direct result of the detention, search and seizure. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays judgment against Defendants as follows: 1. For a judgment and/or order restoring possession of Plaintiff's personal property described above. 2. For issuance of a preemptory writ of mandate ordering the CITY OF ROHNERT PARK to return the Plaintiff's personal property, as set forth above. 3. Attorney Fees, pursuant to 42 U.S.C. 1988 4. Prejudgment Interest 5. Punitive Damages against individual defendants BRENDON JACY TATUM's and NICHOLAS MILLER, 6. For costs of suit herein incurred; and 7. For such other and further relief as the court may deem Dated:Aprill4, 2017 VERIFICATION I, Lucas Serafine, declare: I am the Plaintiff in the above-entitled matter. I have read the foregoing Verified I st Amended Complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated on information and belief, and, as to those matters, I believe it to be true. Executed on April 14, 2017, in Clark County, Nevada. I declare under penalty of peijury that the foregoing is true and correct. VERIFIED 1st AMENDED COMPLAINT FOR DAMAGES & INJUNCTIVE RELIEF