Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 1 of 16 Page ID #:1 THE SEHAT LAW FIRM, P.L.C. Cameron Sehat, Esq. (SBN: 256535) 18881 Von Karman Ave., Suite 850 2 Irvine, California 92612 Telephone: (949) 825-5200 3 Facsimile: (949) 313-5001 Email: cameron@sehatlaw.com 1 4 5 Attorney for Plaintiff, JASON WARREN 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 JASON WARREN, individually, Case No.: COMPLAINT FOR DAMAGES 11 Plaintiff, 12 vs. 13 COUNTY OF RIVERSIDE, a governmental 2. entity; and DOES 1 through 10, 14 15 1. 3. Defendants. 16 17 4. 18 19 5. 6. 7. 8. 20 21 22 23 Excessive Force - Fourth Amendment (42 U.S.C. § 1983) Denial of Medical Care- Fourth Amendment (42 U.S.C. § 1983) Deliberate Indifference to a Serious Medical Condition- Fourteenth Amendment (42 U.S.C. § 1983) Monell Liability for Unconstitutional Custom, Policy and Practice (42 U.S.C. § 1983) Failure to Train (42 U.S.C. § 1983) Battery (State) Negligence (State) Violation of the Bane Act (Cal. Civil Code §52.1) 24 25 DEMAND FOR JURY TRIAL 26 27 28 1 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 2 of 16 Page ID #:2 Plaintiff Jason Warren ("Plaintiff" or "Mr. Warren"), upon information and belief, 1 2 alleges the following: INTRODUCTION 3 1. This case challenges the excessive force and subsequent delay of medical care 4 5 to Plaintiff, Jason Warren, by Riverside County Sheriff's Deputies working within the 6 Robert Donovan Correctional Facility. This action is brought against the assaulting 7 Deputies, DOES 1 through 5, their employer, the County of Riverside. 2. The use of force against Plaintiff to seize his person was unconstitutional and 8 9 violated clearly established law that would have been known to any reasonable Deputy. JURISDICTION AND VENUE 10 3. This case arises under 42 U.S.C. § 1983. This Court has subject matter 11 12 jurisdiction over this action pursuant to 28 U.S.C. § 1331. 4. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (e) in that 13 14 (1) the unlawful actions challenged herein occurred in the Central District; and (2) all of 15 the parties reside in the Central District. 16 5. Plaintiff submitted his claim to the County of Riverside's Clerk of the Board of 17 Supervisors on May 3, 2018. The Claim was received by the Claims Division on May 8, 18 2018, rejected on May 24, 2018, and returned to Mr. Warren. PLAINTIFF 19 6. Plaintiff, Jason Warren, at all relevant times was a resident of the County of 20 21 Riverside, State of California. DEFENDANTS 22 23 7. Defendant Riverside County ("County") is a government entity that acts 24 through individuals and to establish its policies and is capable of being sued in federal 25 court. 26 8. Plaintiff is unaware of the true identities and capacities of Defendants DOES 1 27 through 10 but upon information and belief, said DOES are employees of Riverside 28 County, inclusive. Each of the fictitiously named Defendants is in some manner and to 2 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 3 of 16 Page ID #:3 1 some extent liable for the injuries alleged in this Complaint. Plaintiff will seek leave to 2 amend this Complaint to allege the true identities and capacities of those fictitiously 3 named Defendants when they are determined. 4 9. At all relevant times, the unknown named Defendants were Deputies of the 5 Riverside County Sheriff's Department and employees and agents of Riverside County. 6 Each Defendant is, and at all times mentioned was, the agent, employee, representative, 7 successor and/or assignee of each other Defendant. At all times herein mentioned, each 8 and every Defendant had the legal duty to oversee and supervise the hiring, conduct, 9 employment and discipline of each and every other Defendant herein. Each Defendant, 10 in doing the acts, or in omitting to act as alleged in this Complaint, was acting within the 11 scope of his or her actual or apparent authority, or the alleged acts and omission of each 12 Defendant as an agent subsequently were ratified and adopted by each other Defendant 13 as principal. 14 15 16 17 18 10. At all times relevant to this Complaint, each Defendant acted under the color of state law. 11. Each of the individual Defendants was in some way responsible for the Constitutional violations alleged in this Complaint. 12. In committing the acts alleged in this Complaint, Defendants acted knowingly, 19 maliciously and with reckless or callous disregard for the Constitutional rights of 20 Plaintiff justifying an award of punitive damages under federal and California law 21 against each individual Defendant. FACTUAL ALLEGATIONS 22 23 13. This case challenges the excessive force and subsequent delay of medical care 24 to Plaintiff, Jason Warren, a pre-trial detainee, by Deputies working within the Robert 25 Presley Detention Center. 26 14. On the evening of April 4, 2018, Jason Warren was assaulted by several 27 Riverside County Sheriff's Deputies working within the Robert Presley Detention 28 Center, leaving him with massive injuries and emotional and physical scars. 3 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 4 of 16 Page ID #:4 1 15. After going through the booking process, Mr. Warren and Deputy DOE 1 were 2 face-to-face, with Mr. Warren in handcuffs. As they were talking, the Deputy pushed 3 Mr. Warren, in an attempt to back him up. Deputy DOE 1 then called for other Deputies 4 to assist him in going after Mr. Warren. Mr. Warren was knocked to the ground by 5 several Deputies, each either putting their full body weights on Mr. Warren, kicking, or 6 punching him. Mr. Warren was punched in the stomach and ribs several times, kicked in 7 the face multiple times, and kicked in the elbow- causing his most serious injury. During 8 this whole time, Deputy DOES 1 through 5 were yelling expletives, disparaging remarks, 9 and racial slurs at Mr. Warren. 10 16. As Mr. Warren lay on his stomach, his arm was being contorted backwards 11 and upwards behind his back, in a "chicken-winging" position, exposing his side to the 12 kicks Deputies were administering. One kick hit Mr. Warren right in the elbow, causing 13 a loud popping sound and Mr. Warren to cry out screaming. When Deputy DOE 2 did 14 this, they said, "I broke that motherfucker," acknowledging what ended up being a 15 supracondylar humerus fracture to Mr. Warren's right arm. Finally Mr. Warren heard a 16 Deputy say, "that's enough" and the assault ended. 17 17. Deputies lifted Mr. Warren up by his arms and placed him in a solitary cell 18 instead of taking him to seek medical assistance. Mr. Warren's arm was obviously 19 deformed looking and in need of medical attention. He was left in the cell without any 20 toilet or treatment for six to seven hours. During this time, several of the Deputies would 21 walk by and yell expletives, disparaging remarks, and racial slurs at Mr. Warren. Mr. 22 Warren said that they did so, so much during this 6-7 hour period that he thought his 23 name had become one of the depraved racial slurs they were calling him. The Deputies 24 also insisted that there was nothing wrong with Mr. Warren's arm as he begged them for 25 medical help. Finally, as the shifts changed and new Deputies were given watch over 26 Mr. Warren, was he then taken to medical to receive an X-Ray of his arm. 27 28 18. The X-Ray revealed that Mr. Warren had fractured his forearm, right below the elbow, due to the kick he sustained during the assault by Deputies. Mr. Warren was 4 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 5 of 16 Page ID #:5 1 taken in for emergency surgery on his arm at Riverside University Health System 2 Medical Center, located at 26520 Cactus Avenue, in Moreno Valley, California 92555- 3 3911. 16 screws were placed in Mr. Warren's arm, as well as a metal plate. Mr. Warren 4 required 57 staples to close his wound after surgery. He spent four days in the hospital 5 before he was released. He was also left with two black eyes, bruising to his body, and 6 pain to ribs. 7 19. Mr. Warren continues to seek treatment for his injuries sustained in the assault 8 by Deputies DOES 1 through 5. He needs continual follow-up care for his arm in order 9 to remove the screws and later the staples, until it is fully healed. Mr. Warren also 10 11 sustain traumatic emotional injuries due to this incident. 20. Mr. Warren was deprived of his interests protected by the Constitution or laws 12 of the United States, and Defendants caused all such deprivations while acting under 13 color of state law. 14 21. All acts or omissions alleged to have been engaged by any individual 15 Defendants were committed with evil motive and intent, and in callous, reckless, and 16 wanton disregard to the individual rights of Mr. Warren. 17 18 19 20 21 COUNT ONE EXCESSIVE FORCE - FOURTH AMENDMENT (42 U.S.C. § 1983) (Against Defendants DOES 1 through 5) 22. The allegations set forth in paragraphs 1, 2, 12, 15-21 are incorporated herein by reference. 23. Defendants DOES 1 through 5, while working as agents for the County and 22 acting within the course and scope of their duties, caused Mr. Warren to be assaulted 23 multiple times, with the intent of inflicting serious injury. Plaintiff was on the ground on 24 his stomach, handcuffed, while being kicked, punched, and laid upon by multiple 25 Deputies. He suffered a fractured arm as well severe bruising about his face and body. 26 All aforementioned acts were in violation of Mr. Warren's right to be secure in his 27 person against an unreasonable seizure guaranteed by the Fourth Amendment to the 28 United States Constitution. 5 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 6 of 16 Page ID #:6 1 2 3 24. As a result of this conduct, Defendants are liable to Mr. Warren for his injuries, because they were integral participants in their reckless conduct. 25. Mr. Walton is informed and believes and hereon alleges that the acts of the 4 individual Defendants were willful, malicious, intentional, oppressive, reckless, and/or 5 were done in willful and conscious disregard of his rights, welfare, and safety, thereby 6 justifying the awarding of punitive and exemplary damages in an amount to be 7 determined at the time of trial. 8 9 10 11 12 COUNT TWO DENIAL OF MEDICAL CARE - FOURTH AMENDMENT (42 U.S.C. § 1983) (Against Defendants DOES 1 through 5) 26. The allegations set forth in paragraphs 1, 2, 12, 15-21 are incorporated herein by reference. 27. Defendants DOES 1 through 5, while working as agents for the County and 13 acting within the course and scope of their duties, caused Mr. Warren to be assaulted 14 multiple times, with the intent of inflicting serious injury. Plaintiff was on the ground on 15 his stomach, handcuffed, while being kicked, punched, and laid upon by multiple 16 Deputies. He suffered a fractured arm as well severe bruising about his face and body. 17 All aforementioned acts were in violation of Mr. Warren's right to be secure in his 18 person against an unreasonable seizure guaranteed by the Fourth Amendment to the 19 United States Constitution. 20 28. Defendants DOES 1 through 5 further unreasonably denied medical assistance 21 for Mr. Warren. Mr. Warren's arm was obviously deformed looking and in need of 22 medical attention. He was left in the cell without any toilet or treatment for six to seven 23 hours. During this time, several of the Deputies would walk by and yell expletives, 24 disparaging remarks, and racial slurs at Mr. Warren. Mr. Warren said that they did so, so 25 much during this 6-7 hour period that he thought his name had become one of the 26 depraved racial slurs they were calling him. The Deputies also insisted that there was 27 nothing wrong with Mr. Warren's arm as he begged them for medical help. Finally, as 28 6 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 7 of 16 Page ID #:7 1 2 3 4 the shifts changed and new Deputies were given watch over Mr. Warren, was he then taken to medical to receive an X-Ray of his arm.. 29. As a result of this conduct, defendants are liable to Mr. Warren for his injuries because they were integral participants in their reckless conduct. 5 30. Plaintiff is informed, believes, and hereon alleges that the acts of the 6 individual defendants were willful, malicious, intentional, oppressive, reckless, and/or 7 were done in willful and conscious disregard of his rights, welfare, and safety, thereby 8 justifying the awarding of punitive and exemplary damages in an amount to be 9 determined at the time of trial. 10 31. As a direct and legal result of the Defendants' acts and omissions, and the 11 injuries of Plaintiff, Plaintiff has suffered damages including but not limited to, loss of 12 income, medical expenses, and past and future pain and suffering, all to his general and 13 special damages, according to proof, including attorneys' fees, costs of suit, and other 14 pecuniary losses not yet ascertained. 15 16 17 18 19 20 21 22 23 24 25 26 27 COUNT THREE DELIBERATE INDIFFERENCE TO A SUBSTANTIAL RISK OF HARM FOURTEENTH AMENDMENT (42 U.S.C. § 1983) (Against Defendants DOES 1 through 5) 32. The allegations set forth in paragraphs 1, 2, 12, 15-21 are incorporated herein by reference. 33. Mr. Warren had a serious medical need that Defendants DOES 1 through 5 knew about and the substantial risk that injury could cause, should it be left untreated. Defendants consciously disregarded that risk by not taking reasonable steps to treat Mr. Warren's fractured arm. 34. During this time, the Defendant Deputies DOES 1 through 5 were acting in the performance of their official duties. 35. Mr. Warren was harmed in that due to the battery of kicks, punches, and full body take down, his arm was fractured and he was left with two black eyes and bruising 28 7 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 8 of 16 Page ID #:8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 about his whole body. The Defendant Deputies caused Mr. Warren's harm and were a substantial factor in such by assaulting Mr. Warren. COUNT FOUR MONELL LIABILITY FOR CUSTOM, POLICY, AND PRACTICE (42 U.S.C. § 1983) (Against Defendants the COUNTY OF RIVERSIDE and DOES 6 through 10) 36. The allegations set forth in paragraphs 1, 2, 12, 15-21 are incorporated herein by reference. 37. At all times herein mentioned the Defendants DOES 1 through 5 were employees of the County, acting under the direction and control of Defendant County and DOES 6 through 10. Defendants County intentionally promulgated, maintained, applied, enforced and suffered the continuation of policies, customs, practices and usages in violation of the Fourth and Fourteenth Amendments to the United States Constitution. These customs, policies, practices and usages required and encouraged the employment, deployment and retention of persons, as peace officers, who have a propensity for violence, excessive force, dishonesty, and additional abuses of their duties as peace officers in the employment of the County. 38. Defendant County knowingly maintained or permitted an official policy or custom of permitting the occurrences of the types of wrongs alleged herein by, among other things, failing and refusing to meaningfully investigate or discipline Sheriff's Deputies known to have repeatedly violated the constitutional rights of the public. 39. Additionally, Defendant County have displayed a deliberate indifference to the rights of citizens and, based upon the principles set forth in Monell v. New York City Department of Social Services, 436 U.S. 658 (1978), they are liable for all injuries sustained by Plaintiff as set forth herein. 40. Defendant County bears liability because their policies, practices and/or customs were a cause of Plaintiff’s injuries. Defendant County and its officials maintained or permitted a policy, practice and custom of permitting, encouraging and ratifying the use of unnecessary and unreasonable force, false arrest and acting with 8 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 9 of 16 Page ID #:9 1 2 reckless indifference to the constitutional rights of members of the public by its Sheriff's Deputies by, among other things: 3 a. Failing to discipline Deputies known to have a propensity for violence, 4 the use of unnecessary and unreasonable force, false arrest and/or 5 dishonesty; 6 b. Continuing to assign such deputies to Duties where they are likely to, and 7 indeed do, injure members of the public; 8 c. Writing false reports and giving false testimony to cover up acts of 9 misconduct, including, but not limited to, the use of unnecessary force, false 10 arrest and/or dishonesty by its Deputies and thereby conveying to them its 11 approval and/or lack of concern about Deputy misconduct; 12 d. Refusing to discipline adequately individual Deputies and employees 13 found to have committed similar acts of abuse and misconduct; 14 e. Refusing to investigate competently and impartially allegations of 15 abuse and misconduct alleged to have been committed by Riverside County 16 Sheriff's Department employees, including the allegations made by Plaintiff 17 in this case; 18 f. Planting evidence or withholding evidence in favor of the participant 19 Deputies to favor the same Deputies’ version of the Deputy misconduct; 20 g. Reprimanding, threatening, intimidating, demoting firing and 21 otherwise retaliating against Deputies who reported acts of abuse by 22 other Deputies; 23 h. Rewarding Deputies who displayed aggressive and abusive behavior 24 toward detainees, arrestees, and members of the public; 25 i. Condoning and participating in the practice of reducing or 26 dismissing criminal charges against individuals in return for releasing the 27 County and employees of the Riverside County Sheriff's Department from 28 civil liability; 9 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 10 of 16 Page ID #:10 j. Condoning and encouraging Deputies' beliefs that they can violate the 1 2 rights of persons such as the Plaintiff with impunity, and that such conduct 3 will not adversely affect their opportunities for promotion and other 4 employment benefits; 5 k. Promoting and/or acquiescing in the policy of stopping, detaining, 6 questioning, and arresting members of the public without probable cause or 7 reasonable suspicion; 8 l. Sanctioning, condoning and approving a department wide code of 9 silence, a euphemism for perjury and dishonesty by Deputies; 10 m. Ratifying by the highest levels of authority the specific 11 unconstitutional acts alleged in this Complaint. 12 41. On or about April 4, 2018, and for some time prior thereto, Defendant County 13 knew or should have known that Defendants had propensities for violence, dishonesty, 14 and for abusing their authority but failed to discipline, and ratified, acquiesced in, 15 authorized, or directed the violent acts and abuses of power committed by those 16 Deputies. 17 42. As a direct and legal result of the aforementioned wrongful acts of each 18 individual Defendant, and the aforementioned policy, pattern, practice or custom of the 19 County, Defendants violated the rights of Mr. Warren, which were guaranteed by the 20 Fourth and Fourteenth Amendments to the United States Constitution. 21 22 23 43. Defendants' acts and omissions as herein alleged proximately caused Mr. Warren's injuries. 44. As a direct and legal result of Defendants’ acts and omissions, and the injuries 24 of Mr. Warren, he has suffered damages, including, without limitation, medical 25 expenses, and the past and future pain and suffering, all to his general and special 26 damages according to proof, including attorneys' fees, costs of suit, and other pecuniary 27 losses not yet ascertained. 28 10 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 11 of 16 Page ID #:11 1 45. By reason of the aforementioned acts and omissions of Defendants, Plaintiff 2 was compelled to secure the services of an attorney at law to redress the wrongs 3 described herein. As a result, Plaintiff is indebted and liable for legal costs, including 4 attorneys’ fees. 5 6 7 8 9 COUNT FIVE FAILURE TO TRAIN (42 U.S.C. § 1983) (Against Defendants COUNTY and DOES 6 through 10) 46. The allegations set forth in paragraphs 1, 2, 12, 15-21 are incorporated herein by reference. 47. On and for some time prior to April 4, 2018 (and continuing to the present 10 date), Defendants the County of Riverside and DOES 6 through 10 deprived Mr. Warren 11 of the rights and liberties secured to him by the Fourth and Fourteenth Amendments to 12 the United States Constitution, in that said Defendants and their supervising and 13 managerial employees, agents, and representatives, acting with gross negligence and 14 with reckless and deliberate indifference to the safety, rights, and liberties of the public 15 in general, and of Plaintiff, and of persons in their class, situation and comparable 16 position, in particular, knowingly maintained, enforced and applied an official custom, 17 policy, and practice of: (a) employing and retaining as police officers and other 18 personnel, including DOES 1 through 5, who Defendants Riverside County and DOES 6 19 through 10 at all times material herein knew or reasonably should have known had 20 dangerous propensities for abusing their authority and for mistreating citizens by failing 21 to follow written Riverside County Sheriff's Department policies and constitutional 22 mandates regarding unreasonable seizures; (b) condoning and fostering unreasonable 23 seizures by inadequately supervising, training, controlling, assigning, and disciplining 24 Riverside County Sheriff's Deputies, and other personnel, including DOES 1 through 5, 25 who Riverside County and DOES 6 through 10 each knew or in the exercise of 26 reasonable care should have known had the aforementioned propensities and character 27 traits; (c) maintaining grossly inadequate procedures for reporting, supervising, 28 investigating, reviewing, disciplining and controlling the intentional misconduct by 11 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 12 of 16 Page ID #:12 1 Defendants DOES 1 through 5, who are Riverside County Sheriff's Deputies; (d) failing 2 to adequately train officers regarding unreasonable seizures, including Defendants 3 DOES 1 through 5, and failing to institute appropriate policies, including constitutional 4 procedures and practices for using deadly force; and (e) detaining and arresting 5 individuals without probable cause or reasonable suspicion, using excessive force, 6 including the use of deadly force, and denying or delaying medical treatment, which also 7 is demonstrated by inadequate training and ratification of prior misconduct related to 8 these subjects. 48. Defendants Riverside County and DOES 6 through 10, together with various 9 10 other officials, whether named or unnamed, had either actual or constructive knowledge 11 of the deficient policies, practices, and customs alleged in the paragraphs above. Despite 12 having knowledge as stated above these Defendants condoned, tolerated and through 13 actions and inactions thereby ratified such polices. Such Defendants also acted with 14 deliberate indifference to the foreseeable effects and consequences of these policies with 15 respect to the Constitutional rights of Plaintiff, and other individuals similarly situated. 16 49. By perpetrating, sanctioning, tolerating, and ratifying the outrageous conduct 17 and other wrongful acts, Riverside County and DOES 6 through 10 acted willfully, 18 oppressively, maliciously, fraudulently, and with extreme offense- unconscionable to 19 any person of normal sensibilities. 20 50. By reason of the aforementioned policies and practices of Defendants 21 Riverside County and DOES 6 through 10, Plaintiff suffered serious injuries and other 22 harm. 23 51. These policies, practices, and customs implemented and maintained, and still 24 are tolerated by Riverside County and DOES 6 through 10, were affirmatively linked to 25 and were significantly influential force behind the injuries of Plaintiff. 26 52. The conduct of Riverside County and DOES 6 through 10 was malicious, 27 wanton, oppressive, and accomplished with a conscious disregard for Mr. Warren's 28 rights, entitling him to an award for exemplary and punitive damages. 12 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 13 of 16 Page ID #:13 1 2 3 4 5 COUNT SIX BATTERY (State) (Against Defendants DOES 1 through 5) 53. The allegations set forth in paragraphs 1, 2, 12, 15-21 are incorporated herein by reference. 54. Defendants DOES 1 through 5, while working as Deputies for the County's 6 Sheriff's Department, and acting within the course and scope of their duties, intentionally 7 used force against Mr. Warren, including but not limited to using punches and kicks, 8 leaving Mr. Warren, who was handcuffed at the time, with a fractured arm. This was 9 despite Mr. Warren not resisting at the time. DOES 1 through 5 had no legal justification 10 for using force against Mr. Warren, and their use of force while carrying out their 11 Sheriff's Deputy's duties was unreasonable. 12 13 14 55. Mr. Warren suffered harm, as direct and proximate result of the conduct of DOES 1 through 5, as alleged above. 56. County is vicariously liable for the wrongful acts of DOES 1 through 5 15 pursuant to section 815.2 of the California Government Code, which provides that a 16 public entity is liable for the injuries caused by its employees within the scope of the 17 employment if the employee's act would subject him or her to liability. 18 57.The conduct of DOES 1 through 5 was malicious, wanton, oppressive, and 19 accomplished with a conscious disregard for Mr. Warren's rights, entitling Mr. Warren to 20 an award of exemplary and punitive damages. 21 58. Mr. Warren also seeks general and special damages under this claim. 22 COUNT SEVEN NEGLIGENCE (State) (Against All Defendants - Common Law and G.C. §844.6(d)) 59. The allegations set forth in paragraphs 1, 2, 12, 15-21 are incorporated herein 23 24 25 26 27 by reference. 60. Defendants, and each of them, have a duty to protect and serve the citizens in a manner so as to prevent the acts and/or omissions alleged herein. DOES 1 through 10 28 13 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 14 of 16 Page ID #:14 1 2 3 owed Plaintiff, as a person in Defendants' custody, care and control, a duty of due care to protect his health and physical safety. 61. Defendants were negligent and their conduct fell below a reasonable standard 4 of care when they failed to discharge their duties as custodians to Plaintiff. It was 5 foreseeable that as a result of Defendants' acts and omissions, as described above, 6 Plaintiff would suffer harm resulting in his physical injury and suffering. Defendants' 7 breach proximately caused injuries and damages to Plaintiff as claimed herein. 8 Defendants were negligent pursuant to California Government Code § 844.6(d). 9 62. California Government Code §844.6 (d) states in pertinent part: 10 11 " Nothing in this section exonerates a public employee from liability for injury 12 proximately caused by his negligent or wrongful act or omission. The public 13 entity may but is not required to pay any judgment, compromise or settlement, or 14 may but is not required to indemnify any public employee, in any case where the 15 public entity is immune from liability under this section; except that the public 16 entity shall pay, as provided in Article 4 (commencing with Section 825) of 17 Chapter 1 of this part, any judgment based on a claim against a public employee 18 who is lawfully engaged in the practice of one of the healing arts under any law of 19 this state for malpractice arising from an act or omission in the scope of his 20 employment, and shall pay any compromise or settlement of a claim or action, 21 based on such malpractice, to which the public entity has agreed." 22 23 63. As a direct and proximate result of the Defendants’ aforementioned conduct, 24 Mr. Warren, sets forth that the Defendants are liable to him for all damages set for 25 herein. 26 27 28 COUNT EIGHT VIOLATION OF THE BANE ACT (State) (Against COUNTY OF RIVERSIDE and DOES 1 through 5- Cal. Civ. Code § 52.1) 14 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 15 of 16 Page ID #:15 1 2 3 64. The allegations set forth in paragraphs 1, 2, 12, 15-21 are incorporated herein by reference. 65. DOES 1 through 5 attempted to interfere with and did interfere with the rights 4 of Mr. Warren's freedom of speech, free expression, free assembly, due process, and to 5 be free from unreasonable search and seizure by threatening and committing violent acts 6 against Plaintiff. 7 66. Plaintiff reasonably believed that if he exercised his rights of free speech, free 8 expression, free assembly, due process, and to be free from unreasonable search and 9 seizure, DOES 1 through 5 would commit violent acts against him. 10 67. DOES 1 through 5 injured Mr. Warren in order to prevent him from exercising 11 his free speech, free expression, free assembly, due process, and to be free from 12 unreasonable search and seizure and retaliated against him for having exercised such. 13 14 15 68. The conduct of DOES 1 through 5 was a substantial factor in causing harm to Mr. Warren. 69. County of Riverside is vicariously liable for the wrongful acts of DOES 1 16 through 5, pursuant to § 815.2 of the California Government Code which provides that a 17 public entity is liable for the injuries cause by its employees within the scope of their 18 employment if the employee's act(s) would subject him or her to liability. 19 70. The conduct of DOES 1 through 5 was malicious, wanton, oppressive, and 20 carried out with a conscious disregard for the rights of Plaintiff, entitling him to an 21 award of exemplary and punitive damages. 22 23 71. Mr. Warren seeks economic damages, general and punitive damages, along with reasonable attorney's fees. 24 PRAYER FOR RELIEF 25 WHEREFORE, Plaintiff requests entry of judgment in his favor and against 26 Defendants as follows: 27 a. For special and general damages, including loss of earnings, medical costs, and 28 interest, in an amount according to proof; 15 COMPLAINT FOR DAMAGES Case 5:18-cv-01280 Document 1 Filed 06/13/18 Page 16 of 16 Page ID #:16 1 b. For punitive damages against the individual Defendants in an amount to be 2 proven at trial; 3 c. For reasonable costs of this suit and attorneys’ fees pursuant 42 U.S.C. § 1988; 4 and 5 d. For such further relief as the Court may deem just, proper, and appropriate. 6 Dated: April 16, 2018 THE SEHAT LAW FIRM, PLC 7 8 9 10 By: /S/ Cameron Sehat Attorney for Plaintiff, Jason Warren 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 COMPLAINT FOR DAMAGES