Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 1 of 10

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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BRENDA TAYLOR, individually, and as
executor of the Estate of Che Andre Taylor;
JOYCE TAYLOR, individually; CHE ANDRE
TAYLOR, JR., individually; and SARAH
SETTLES on behalf of her minor child, CMT,

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v.

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CITY OF SEATTLE; MICHAEL SPAULDING
and "JANE DOE" SPAULDING, and their
marital community composed thereof; SCOTT
MILLER and "JANE DOE" MILLER, and their
marital community composed thereof;
TIMOTHY BARNES and "JANE DOE"
BARNES, and their marital community
composed thereof; and AUDI ACUESTA and
"JANE DOE" ACUESTA, and their marital
community composed thereof,

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AMENDED COMPLAINT FOR
DAMAGES UNDER 42 USC § 1983

Plaintiffs,

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NO. 2:18-cv-00262- JLR

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Defendants.

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I.
1.1

NATURE OF ACTION

Introduction. This is a civil rights action brought by excessive force. This

case arises from claims of assault, excessive force, false arrest, unlawful seizure, tort of

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AMENDED COMPLAINT FOR DAMAGES
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Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax

 Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 2 of 10

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outrage, negligence and violation of RCW 49.60. Plaintiff pursuant to 42 USC §1983 and

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the Fourth and Fourteenth Amendment. Fourteenth Amendments against the Defendants

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and their marital community

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II.

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2.1

PARTIES

Plaintiff, Brenda Taylor, is the executor of the Estate of Che Andre Taylor and

at all times relevant was Che Andre Taylor's wife. Brenda Taylor is a resident of King
County, Washington.

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2.2

Plaintiff Joyce Dorsey is the mother Che Andre Taylor and currently resides in

the State of Texas.
2.3

Plaintiff Che Andre Taylor, Jr. is the son of Che Andre Taylor and currently

resides in the State of Texas.
2.4

Plaintiff Sarah Settles is the mother of Che'Lynn Marie Taylor, minor.

Che'Lynn Marie Taylor is the daughter of Che Andre Taylor. Sarah Settles and CMT reside
in King County, Washington.

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2.5

Defendant City of Seattle. Defendant City of Seattle (City) is a municipality

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within the State of Washington and employed the police officers that responded to the

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February 21, 2016 incident involving Che Andre Taylor. The civil rights violations

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delineated herein were proximately caused by its customs, policies and usages.

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2.6

Defendant Michael Spaulding. At all times relevant, Michael Spaulding was

employed as law enforcement by the Seattle Police Department and was acting within the
course and scope of his employment with the City of Seattle and under color of law. All of

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AMENDED COMPLAINT FOR DAMAGES
- 2 of 10

Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax

 Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 3 of 10

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Michael Spaulding's acts alleged herein was taken for the benefit of the City of Seattle and his

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marital community.

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2.7

Defendant Scott Miller. At all times relevant, Scott Miller was employed as

law enforcement by the Seattle Police Department and was acting within the course and scope

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of his employment with the City of Seattle and under color of law. All of Scott Miller's acts
alleged herein was taken for the benefit of the City of Seattle and his marital community.
2.8

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Defendant Timothy Barnes. At all times relevant, Timothy Barnes was

employed as law enforcement by the Seattle Police Department and was acting within the
course and scope of his employment with the City of Seattle and under color of law. All of
Timothy Barnes' acts alleged herein was taken for the benefit of the City of Seattle and his
marital community.

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2.9

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Defendant Audi Acuesta. At all times relevant, Audi Acuesta was employed

as law enforcement by the Seattle Police Department and was acting within the course and

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scope of his employment with the City of Seattle and under color of law. All of Audi

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Acuesta's acts alleged herein was taken for the benefit of the City of Seattle and his marital

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community.

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2.10

Unknown Seattle Police Officer. At all times relevant, the unknown police

officers were employed as law enforcement by the Seattle Police Department and were acting

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within the course and scope of their employment with the City of Seattle and under color of
law.

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AMENDED COMPLAINT FOR DAMAGES
- 3 of 10

Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax

 Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 4 of 10

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III.
3.1

JURISDICTION AND VENUE

Jurisdiction. Jurisdiction in this Court is based on the existence of a federal

question pursuant to 28 USC §1331 and 1343, in that Plaintiffs assert claims for deprivation

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of civil rights under 42 USC §1983 for violation of the Fourth Amendments to the United
States Constitution.
3.2

Venue. Venue for this action is appropriate in this Court because the events

giving rise to the claims asserted herein occurred in the Seattle Division of this district and
because the plaintiffs and defendants reside in this district.

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IV.
4.1

FACTS

On February 21, 2016 at approximately 4:15 pm, Che Andre Taylor was shot

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by multiple Seattle Police Officers. Che Andre Taylor was an African American male.
4.2

Che Andre Taylor died as a result of the multiple gunshot wounds that he

received from the February 21, 2016 shooting.
4.3

Prior to the shooting, Che Andre Taylor was standing in the doorframe of a

white motor vehicle talking to people inside the vehicle.
4.4

Officers Michael Spaulding and Scott Miller were observing Che Andre Taylor

in an undercover capacity prior to the shooting. Officers Spaulding and Miller were watching

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Che Andre Taylor from an unmarked police vehicle.
4.5

Based upon their perceived observations, Officers Spaulding and Miller chose

to approach and attempt to arrest Che Andre Taylor.
4.6

Officers Spaulding and Miller chose to approach Che Andre Taylor with long

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AMENDED COMPLAINT FOR DAMAGES
- 4 of 10

Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax

 Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 5 of 10

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rifles because of the stopping power of these particular firearms.
4.7

Officers Spaulding and Miller were wearing black tactical jackets at the time

that they chose to approach and attempt to arrest Che Andre Taylor.
4.8

At the time that Officers Spaulding and Miller began to approach Che Andre

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Taylor, a marked Seattle Police vehicle began to approach the scene.
4.9

Officers Barnes and Acuesta were in the marked Seattle Police vehicle that

was approaching the scene.
4.10

The marked Seattle Police vehicle that Officers Barnes and Acuesta were in

captured the audio and video of the incident that forms the basis for this case.
4.11

In the video, Officers Spaulding and Miller can be seen quickly approaching

the vehicle that Che Andre Taylor was standing near with their guns drawn.

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4.12

In the audio recording, multiple police officers can be heard simultaneously

giving Che Andre Taylor conflicting commands.
4.13

Some police officers can be heard yelling at Che Andre Taylor to put his hands

up while other police officers can be heard yelling at Che Andre Taylor to get on the ground.
4.14

The police officer commands to Che Andre Taylor were being yelled at Che

Andre Taylor from multiple directions.
4.15

Che Andre Taylor can be seen on the video attempting to comply with the

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simultaneous and conflicting commands of the police officers.
4.16

Che Andre Taylor first puts his hands in the air and then attempts to drop to the

ground as instructed by the police officers.
4.17

Che Andre Taylor was shot by Officers Spaulding and Miller within seconds

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AMENDED COMPLAINT FOR DAMAGES
- 5 of 10

Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax

 Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 6 of 10

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of their approach of Che Andre Taylor.

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4.18

After shooting Che Andre Taylor, police officers rolled his body over and

handcuffed him.

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4.19

Critical minutes lapsed between the time in which Che Andre Taylor was shot

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and the time that police officers allowed medical emergency personnel to render aid.
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Shortly after Che Andre Taylor was shot, Seattle Police Officers began to turn

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their attention to the other individuals in the vehicle that Che Andre Taylor had been standing

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by.

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4.21

Seattle Police Officers commanded the remaining individuals in the car to get

out of it.
4.22

The passenger in the back seat of the vehicle that Che Andre Taylor was

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standing by had difficulty following police commands. The passenger in the back seat was a
white female. First, the police officer instructed her to exit the vehicle out of the back door

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that is on the driver side. Rather than going to the driver side back door, she lunged toward

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the passenger side door. The back seat passenger also failed to comply with officer

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commands when she initially got out of the vehicle. Police officers did not shoot her.

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4.23

The driver of the white vehicle was a white male. Police officers paid little to

no attention to his actions or movements at the time that they approached Che Andre Taylor.

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4.24

Che Andre Taylor was ultimately shot and killed while attempting to comply

with conflicting police officer commands.
4.25

As a result of the actions of the police officers in this incident, Che Andre

Taylor was denied due process of law.

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AMENDED COMPLAINT FOR DAMAGES
- 6 of 10

Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax

 Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 7 of 10

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V.
5.1

CAUSES OF ACTION

First Cause of Action.

By virtue of the facts set forth above, the

defendants are liable to all plaintiffs for damages for negligence.

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5.2

Second Cause of Action.

By virtue of the facts set forth above, the

defendants are liable to all plaintiffs for the tort of outrage.
5.3

Third Cause of Action.

By virtue of the facts set forth above, the

defendants are liable to all plaintiffs for false arrest.
5.4

Fourth Cause of Action.

By virtue of the facts set forth above, the

defendants are liable to all plaintiffs for unlawful seizure.
5.5

Fifth Cause of Action.

By virtue of the facts set forth above, the

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defendants are liable to all plaintiffs for negligence.
5.6

Sixth Cause of Action.

Per RCW 49.60.030, the defendants are liable to

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the plaintiffs for violation of the plaintiffs' civil rights to the right to be free from

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discrimination because of race, creed, color, national origin, sex, honorably discharged

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veteran or military status, sexual orientation, or the presence of any sensory, mental, or

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physical disability or the use of a trained dog guide or service animal by a person with a
disability is recognized as and declared to be a civil rights.

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5.7

42.USC §1983.

By virtue of the facts set forth above, all defendants are

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liable for compensatory and punitive damages for deprivation of civil rights of plaintiff

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Brenda Taylor, guaranteed by the Fourteenth Amendments of the constitution of the United

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States and 42 USC §1983 to be free from their liberty interest in a familial relationship with

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AMENDED COMPLAINT FOR DAMAGES
- 7 of 10

Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax

 Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 8 of 10

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her husband, Che Andre Taylor, without due process of law.
5.8

42.USC §1983.

By virtue of the facts set forth above, all defendants are

liable for compensatory and punitive damages for deprivation of civil rights of plaintiff Joyce
Dorsey, guaranteed by the Fourteenth Amendments of the constitution of the United States

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and 42 USC §1983 to be free from their liberty interest in a familial relationship with her son,
Che Andre Taylor, without due process of law.
5.9

42.USC §1983.

By virtue of the facts set forth above, all defendants are

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liable for compensatory and punitive damages for deprivation of civil rights of plaintiff Estate

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of Che Andre Taylor on behalf of his children, guaranteed by the Fourteenth Amendments of

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the constitution of the United States and 42 USC §1983 to be free from their liberty interest in
a familial relationship with their father, Che Andre Taylor, without due process of law.

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5.10

42.USC §1983.

By virtue of the facts set forth above, all defendants are

liable for compensatory and punitive damages for deprivation of civil rights of plaintiff Estate

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of Che Andre Taylor, guaranteed by the Fourteenth Amendments of the constitution of the

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United States and 42 USC §1983 to be free from their liberty interest in a familial relationship

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with their family member, Che Andre Taylor, without due process of law.

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5.11

42 U.S.C. § 1983 – Excessive Force in violation of the Fourth and

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Fourteenth Amendments. By virtue of the facts set forth above, all defendants are liable to

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the plaintiffs for compensatory and punitive damages for deprivation of civil rights as a result

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of the excessive force used upon Che Andre Taylor.

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AMENDED COMPLAINT FOR DAMAGES
- 8 of 10

Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax

 Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 9 of 10

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WHEREFORE, Plaintiffs pray for the following relief:

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1.

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Compensatory damages and punitive damages in an amount to be proven at
trial. Plaintiffs seek punitive damages against all defendants;

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2.

For reasonable attorneys' fees and costs; and

3.

For such other and further relief as the Court deems just and equitable.

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Dated this 5th day of March, 2018.

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AMENDED COMPLAINT FOR DAMAGES
- 9 of 10

Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax

 Case 2:18-cv-00262-TSZ Document 6 Filed 03/14/18 Page 10 of 10

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AMENDED COMPLAINT FOR DAMAGES
- 10 of 10

Law Offices of Shakespear N. Feyissa
1001 4th Avenue, Suite 3200
Seattle, WA 98154
(206) 920-9970 Phone - (206) 783-5853 Fax

James Bible Law Group
14205 SE 36th St., Suite 100
Bellevue, WA 98006

(425) 519-3675 Phone - (425) 649-1199 Fax