Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 1 of 11

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON
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)
BRENDA TAYLOR, individually and as )
) No.______________________
Executor of the Estate of CHE
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TAYLOR and JOYCE DORSEY
) COMPLAINT FOR DAMAGES UNDER 42
) U.S.C. § 1983
Plaintiff,
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v.
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CITY OF SEATTLE, MICHAEL
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SPAULDING, SCOTT MILLER, TIMOTHY )
BARNES AND AUDI ACUESTA
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Defendants.
)

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I. NATURE OF ACTION

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1.1

Introduction.

This is a civil rights action brought by

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Plaintiff

pursuant to 42 U.S.C. Sec. 1983 and the Fourth and

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Fourteenth Amendments against the Defendants and their marital

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community.

This case arises from claims of assault, excessive

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COMPLAINT FOR DAMAGES
Page 1 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 2 of 11

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force, false arrest, unlawful seizure, tort of outrage,

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negligence and violation of RCW 49.60.

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II.

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PARTIES

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2.1

Plaintiff BRENDA TAYLOR is the executor of the estate of Che

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Taylor and at all times relevant was Che Taylor’s wife.

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Brenda Taylor is a resident of King County, Washington.

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2.2

is Che Taylor’s mother and currently resides

in the state of Texas.

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JOYCE DORSEY

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Defendants Michael Spaulding. At all times relevant Michael

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Spaulding was employed as law enforcement by the Seattle

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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

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of law. All of Tre Smith acts alleged herein was taken for

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the benefit for the City of Seattle and his marital

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community.

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2.4

Defendant Scott Miller.

At all times relevant Scott Miller

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was employed as law enforcement by the Seattle Police

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Department and was acting within the course and scope of

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their employment with the City of Seattle and under color of

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law. All of Scott Miller acts alleged herein were taken for

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COMPLAINT FOR DAMAGES
Page 2 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 3 of 11

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the benefit of the City of Seattle and his marital

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community.

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2.5

Defendant City of Seattle.

Defendant City of Seattle (City)

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is a municipality within the State of Washington and

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employed the police officer that responded to the February

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21, 2016 incident involving Che Taylor.

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violations delineated herein were proximately caused by its

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customs, policies and usages.

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2.6

Unknown Seattle Police Officers.

The civil rights

At all times relevant,

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the unknown police officers were employed as law enforcement

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by the Seattle Police Department and were acting within the

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course and scope of their employment with the City of

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Seattle and under color of law.

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2.7

Timothy Barnes: At all times relevant Timothy Barnes was

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employed as law enforcement by the Seattle Police Department

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and was acting within the course and scope of their

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employment with the City of Seattle and under color of law.

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All of Timothy Barnes acts alleged herein were taken for the

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benefit of the City of Seattle and his marital community.

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2.8

Audi Acuesta:

At all times relevant Audi Acuesta was

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employed as law enforcement by the Seattle Police Department

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and was acting within the course and scope of their

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employment with the City of Seattle and under color of law.

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COMPLAINT FOR DAMAGES
Page 3 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 4 of 11

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All of Audi Acuesta acts alleged herein were taken for the

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benefit of the City of Seattle and his marital community.

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III. JURISDICTION AND VENUE

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3.1

Jurisdiction.

Jurisdiction in this Court is based on the

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existence of a federal question pursuant to 28 U.S.C. §§ 1331

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and 1343, in that Plaintiff assert claims for deprivation of

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civil rights under 42 U.S.C. § 1983 for violation of the Fourth

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Amendments to the United States Constitution.

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3.2

Venue. Venue for this action is appropriate in this Court

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because the events giving rise to the claims asserted herein

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occurred in the Seattle Division of this district and because

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the plaintiff and defendants reside in this district.

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IV.

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FACTS

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4.1

On February 21, 2016 at approximately 4:15 p.m. Che Taylor

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was shot by multiple Seattle Police Officers. Che Taylor was

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an African American Male.

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4.2

Che Taylor died as a result of the multiple gunshot wounds
that he received from the February 21, 2016 shooting.

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COMPLAINT FOR DAMAGES
Page 4 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 5 of 11

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4.3

Prior to the shooting, Che Taylor was standing in the

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doorframe of a white motor vehicle talking to people inside

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the vehicle.

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4.4

Officers Michael Spaulding and Scott Miller were observing

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Che Taylor in an undercover capacity prior to the shooting.

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Officer Spaulding and Officer Miller were watching Che

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Taylor from an undercover vehicle.

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4.5

and Miller chose to approach and attempt to arrest Che

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Taylor.

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Based upon their perceived observations, Officer’s Spaulding

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Officer’s Spaulding and Miller chose to approach Che Taylor

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with long rifles because of the stopping power of these

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particular firearms.

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4.7

Officer’s Spaulding and Miller were wearing black tactical

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jackets at the time that they chose to approach and attempt

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to arrest Che Taylor.

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4.8

At the time that Officer’s Spaulding and Miller began to

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approach Che Taylor, a marked Seattle Police Vehicle began

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to approach the scene.

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4.9

officer’s Barnes and Acuesta were in the Seattle Police
Vehicle that was approaching the scene.

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4.10 The Seattle Police Vehicle that Officer Barnes and Officer

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Acuesata were in captured the audio and video of the

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incident that forms the basis for this case.

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COMPLAINT FOR DAMAGES
Page 5 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 6 of 11

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4.11 In the video, Officer Michael Spaulding and Scott Miller can

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be seen quickly approaching the Vehicle that Che Taylor was

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standing in with their guns drawn.

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4.12 In the audio recording, Multiple officers can be heard

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simultaneously giving Che Taylor conflicting commands.

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4.13 Some officers can be heard yelling at Che Taylor to put his

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hands up while other officers can be heard yelling at Mr.

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Taylor to get on the ground.

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4.14 The police officer commands to Mr. Taylor were being

yelled

at Che Taylor from multiple directions.
4.15 Che Taylor taylor can be seen on the video attempting to

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comply with the simultaneous and conflicting commands of the

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officers.

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4.16 Che Taylor first puts his hands in the air and then attempts
to go to the ground as instructed by officers.
4.17 Che Taylor was shot by Officer Spaulding and Officer Miller
within seconds of their approach of Mr. Taylor.
4.18 After shooting Mr. Taylor, officers rolled his body over and
handcuffed him.
4.19 Critical minutes lapsed between the time in which Che Taylor

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was shot and the time that officers allowed Medical

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Emergency Personnel to render aid.

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COMPLAINT FOR DAMAGES
Page 6 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 7 of 11

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4.20 Shortly after Che Taylor was shot, Seattle Police Officers

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began to turn their attention to the other individuals in

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the vehicle that Mr. Taylor had been standing 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 backseat of the vehicle that Mr. Taylor

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was standing by had difficulty following police commands.

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The passenger in the back seat is a white female. First, the

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police instructed her to exit the vehicle out of the back

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door that is on the driver side.

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driver side back door, she lunged toward the passenger side

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door. The backseat passenger also failed to comply with

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officer commands when she initially got out of the vehicle.

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Officers did not shoot her for her.

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Rather than going to the

4.23 The driver of the white vehicle was a white male.

Officers

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paid little to no attention to his actions or movements at

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the time that they approached Mr. Taylor.

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4.24 Mr. Taylor was ultimately shot and killed while attempting
to comply with conflict officer commands.
4.25 As a result of the actions of the police officers in this
incident,

Che Taylor was denied due process of law.

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COMPLAINT FOR DAMAGES
Page 7 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 8 of 11

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V. CAUSES OF ACTION

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5.1

First Cause of Action.

By virtue of the facts set forth above,

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defendants are liable to the all plaintiffs for damages for

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negligence.

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5.2

of outrage.

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5.3

Third Cause of Action.

By virtue of the facts set forth above,

the Defendants are liable to the plaintiff for false arrest.

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By virtue of the facts set forth

above, the Defendants are liable to all plaintiffs for the tort

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Second Cause of Action.

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Fourth Cause of Action.

By virture of the facts set forth

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above, the Defendants are liable to the plaintiff for unlawful

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seizure.

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Sixth Cause of Action.

By virtue of the facts set forth

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above, the Defendants are liable to the plaintiff for

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Negligence.

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5.7

Seventh Cause of Action. Per R.C.W 49.60.030 The Defendants are

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liable to the plaintiff for violation of the plaintiff’s civil

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rights to the right to be free from discrimination because of

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race, creed, color, national origin, sex, honorably discharged

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veteran or military status, sexual orientation, or the presence

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of any sensory, mental, or physical disability or the use of a

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COMPLAINT FOR DAMAGES
Page 8 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 9 of 11

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trained dog guide or service animal by a person with a

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disability is recognized as and declared to be a civil rights.

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5.8

42 U.S.C. §1983:

By virtue of the facts set forth above, all

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defendants are liable for compensatory and punitive damages for

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deprivation of civil rights of plaintiff Joyce Dorsey,

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guaranteed by the Fourteenth Amendments of the constitution of

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the United States and 42 U.S.C. §1983, to be free from their

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liberty interest in a familial relationship with her son, Che

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Taylor, without due process of law.

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5.9

42 U.S.C. §1983:

By virtue of the facts set forth above, all

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defendants are liable for compensatory and punitive damages for

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deprivation of civil rights of plaintiff Brenda Taylor,

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guaranteed by the Fourteenth Amendments of the constitution of

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the United States and 42 U.S.C. §1983, to be free from their

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liberty interest in a familial relationship with her son, Che

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Taylor, without due process of law.

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5.10 42 U.S.C. §1983:

By virtue of the facts set forth above, all

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defendants are liable for compensatory and punitive damages for

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deprivation of civil rights of plaintiff Estate of Che Taylor

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(his Children), guaranteed by the Fourteenth Amendments of the

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constitution of the United States and 42 U.S.C. §1983, to be

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free from their liberty interest in a familial relationship

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with their father, Che Taylor, without due process of law.

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COMPLAINT FOR DAMAGES
Page 9 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 10 of 11

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5.11 42 U.S.C. §1983:

By virtue of the facts set forth above, all

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defendants are liable for compensatory and punitive damages for

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deprivation of civil rights of plaintiff Estate of Che Taylor,

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guaranteed by the Fourteenth Amendments of the constitution of

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the United States and 42 U.S.C. §1983, to be free from their

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liberty interest in a familial relationship with their family

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member, Che Taylor, without due process of law.

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WHEREFORE, Plaintiff pray for the following relief:
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Compensatory Damages and punitive damages in an amount to

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be proven at trial.

Plaintiff seeks punitive damages

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against all defendants;

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For reasonable attorney’s fees and costs; and

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3.

For such other and further relief as the Court deems just

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and equitable.

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COMPLAINT FOR DAMAGES
Page 10 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199
 

 Case 2:18-cv-00262 Document 1 Filed 02/20/18 Page 11 of 11

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Dated this 20th day of February 2018,

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_____________
James Bible, WSBA # 33985
Attorney for Plaintiff

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/s/Shakespear Feyissa__________
Shakespear Feyissa, WSBA #33747
Attorney for the Plaintiff

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COMPLAINT FOR DAMAGES
Page 11 of 11

JAMES BIBLE LAW GROUP
14205 SE 36TH STREET, SUITE 100
BELLEVUE, WA 98006
Phone:(425) 519-3675
Fax: (425) 649-1199