Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 1 of 18 PagelD 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION JOSHUA M. SETTLE, Plaintiff, v. Civil Action No. 2:18-cv-01177 NATHAN SCOTT STEPP, Individually as a member of the West Virginia State Police, Defendant. COMPLAINT COMES NOW, Plaintiff Joshua M. Settle, by counsel, and for his Complaint states and alleges as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331 and 1343 and under this Court?s authority to decide pendent state law claims. 2. Plaintiff ?les this Complaint, pursuant to 42 U.S.C. 1983, alleging violations of his constitutional rights. Speci?cally, Plaintiff alleges that his rights under the Fourth Amendment to the United States Constitution and under Article Sections 6 and 10 of the West Virginia Constitution were violated by Defendant when he used excessive and unlawful force during the course of the detainment and arrest of Plaintiff on April 19, 2017 in Calhoun County, West Virginia. 3. Venue is proper because the above-named Defendant resides within the Southern District of West Virginia, Charleston Division. Case 2:18-cv--01177 Document 1 Filed 07/23/18 Page 2 of 18 PagelD 2 PARTIES 4, Plaintiff Joshua M. Settle (hereinafter "Plaintill") was at all limes relevant hereto a resident ofOn'na. Calhoun County, West Virginia. 5. Defendant Nathan Scott Stepp (hereinafler "Troopcr was at all timcs relevant hereto a trooper with the West Virginia State Police and was at all times relevant hereto acting under color of law and within the scope of his employment. Trooper Slepp, having an address of_Roane Counry, West Virginia. is sued only in his individual capacity. 6. This Complaint was filed afler Plaintiff complied with W. Va. Code 55-17-3 by sending a certified letter to Attorney General Patrick Morrisey and West Virginia State Police Superintendent, Colonel J. L. Cahill on May 24, 2018. 7. Pursuant to w. Va. Code 5571773, a copy of this Complaint was mailed to Attorney General Patrick Morrisey alter it was filed. 8. Trooper Stepp is sued up to the limits of the insurance policy which provides liability coverage for his actions and omissions. 9. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 8 as though fully set forth herein. 10. On the evening of April 19. 2017, Plaintiff(a Iwentyayearwld male) was a single passenger in a vehicle driving in and around Daniel's Run Road in Calhoun County, West Virginia. 1 l. At approximately 11:00 pm. Plaintiff fled in his vehicle when Trooper Stepp attempted to pull him over for an alleged moving violation. Soon thereafier. Plaintiff crashed his vehicle in a ditch on Daniel's Run Road. Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 3 of 18 PagelD 3 12. The dashcam video from Trooper Stepp?s police vehicle captured the incident that followed. 13. When Trooper Stepp approached Plaintiffs disabled vehicle, Plaintiff immediately showed Trooper Stepp his hands. Plaintiff was unarmed. 14. Trooper Stepp then proceeded to drag Plaintiff out of the vehicle by his face, as Plaintiff repeatedly cried out, ?I?m scared, I?m scared.? 15. As he was being pulled out of the vehicle, Plaintiff said to Trooper Stepp, ?you?re grabbing me, it ain?t right. . .it ain?t right.? Trooper Stepp responded by putting Plaintiff in a choke hold. 16. Moments later, Trooper Stepp had Plaintiff on the ground with his hands behind his back, at which point, Plaintiff easily could have been handcuffed. Instead, Trooper Stepp put his knee into Plaintiff?s back, as Plaintiff repeatedly yelled out, ?you?re hurting me, you?re hurting me, officer.? 17. While Plaintiff was on the ground, Trooper Stepp told him, ?you move again, I?ll break your ?nger. You understand that? You don?t believe me?? 18. As Plaintiff was pinned on the ground, he repeatedly cried out, can?t breathe. . .I can?t breathe.? 19. Trooper Stepp then violently twisted Plaintiff 3 arms behind his back, causing Plaintiff to scream in pain. 20. As Plaintiff was face down on the ground, Trooper Stepp told Plaintiff, ?understand me, I will shoot you.? 21. Plaintiff then twice begged Trooper Stepp to, ?put me in the [police] car. . .put me in the car.? Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 4 of 18 PagelD 4 22. However, instead of handcuf?ng Plaintiff and putting him the police car, Trooper Stepp instead handcuffed his left wrist to Plaintiff 3 left wrist and began repeatedly spraying Plaintiff in the face with pepper spray. 23. As Trooper Stepp repeatedly sprayed Plaintiff in the face with pepper spray, Plaintiff screamed, ?you?re being mean. . .you?re being mean.? 24. While Trooper Stepp continued to spray Plaintiff in the face with pepper spray, Plaintiff cried out, ?let me breath, I?m not ?ghting you. . .I?m not ?ghting you, don?t? and ?let me breathe, please.? 25. Once Trooper Stepp stopped spraying him with pepper spray, Plaintiff said, ?this ain?t right? and then, ?I?m getting in the [police] car,? to which Trooper Stepp responded, ?alright, 26. However, instead of putting Plaintiff in the police car, Trooper Stepp told Plaintiff to, ?get on the ground ?rst. . .lay down. . .you?ll be 27. Plaintiff then told Trooper Stepp, ?you?re cutting me,? referring to his left wrist handcuffed to Trooper Stepp. Trooper Stepp responded, ?you?re cutting my hand too, it?s 28. Plaintiff again told Trooper Stepp, ?of?cer your hurting me.? Trooper Stepp responded by telling Plaintiff, ?turn around it?s ?ne. . .turn around I said.? 29. At this point, Plaintiff saw Trooper Stepp reach for his night stick. Fearing what was to come, Plaintiff pleaded with Trooper Stepp, ?please, I?m begging don?t.? 30. Then, without justi?cation or provocation, and while still handcuffed to Plaintiff, Trooper Stepp began violently beating Plaintiff in the head, torso, arms, and legs with his night stick. Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 5 of 18 PagelD 5 31. Plaintiff loudly screamed in pain numerous times and begged Trooper Stepp to, ?put me in the car. . . put me in the car.? 32. Plaintiff continued to howl in pain as Trooper Stepp repeatedly beat him with his night stick. 33. Trooper Stepp then told Plaintiff, ?give me your hands,? to which Plaintiff replied, ?0k, here.? 34. Trooper Stepp then told Plaintiff to ?lie while Plaintiff begged Trooper Stepp, ?please. . . please. . .don?t beat me no more.? 35. Trooper Stepp responded, saying ?yea, we?re going to ?ght.? Plaintiff then cried out, ?no we?re not. . .I?m bleeding to death.? 36. As the beating went on, Plaintiff continued to scream in pain. He then said to Trooper Stepp, ?of?cer, look in my pockets, I ain?t got nothin.? 37. Plaintiff continued to cry out in pain and then pleaded with Trooper Stepp, ?quit. . . please, I?m pooling blood.? 38. Plaintiff again begged Trooper Stepp, saying ?please beating me quit. . .don?t beat me in the head no more. . .please.? 39. Plaintiff then, once again, begged Trooper Stepp to, ?let me go to the [police] car.? 40. Despite Plaintiffs compliance to Trooper Stepp?s verbal commands, numerous pleas to make the beating stop, and repeated requests to be placed in Trooper Stepp?s police vehicle, Trooper Stepp continued to violently beat Plaintiff with his night stick. 41. Plaintiff once again howled in pain as Trooper Stepp struck him with his night stick over and over again. Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 6 of 18 PagelD 6 42. After the beating ?nally stopped, Plaintiff cried out, ?please, I can?t breathe,? to which Trooper Stepp replied, ?you start again, we?ll start over again.? 43. Plaintiff begged Trooper Stepp not to beat him again, pleading ?please don?t hit me no more? and ?please, no more.? 44. Trooper Stepp responded, saying ?man to man, we?re to man, we?re done, alright?? 45. Plaintiff then asked Trooper Stepp, ?no more of this??, to which Trooper Stepp said, ?no more of this,? and Plaintiff responded, ?no more hitting me?? 46. Trooper Stepp then told Plaintiff, ?I?m so sorry, straight up, alright?? 47. After the beating stopped, Trooper Stepp asked Mr. Settle if he had any diseases, hepatitis, AIDS, or was an IV drug user. 48. Trooper Stepp presumably asked this because, per police photographs taken at the scene, he was covered in Plaintiff? 5 blood following the Violent beating he in?icted: Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 7 of 18 PagelD 7 49. At no point during his detainment and arrest was Plaintiff armed or suspected of being armed. 50. At no point during his detainment and arrest did Plaintiff attack or assault Trooper Stepp, nor did Plaintiff at any point resist arrest. 51. At no point during his detainment or arrest would an objectively reasonable of?cer believe Plaintiff posed a threat to the safety of Trooper Stepp. 52. Now that the beating ?nally stopped, Plaintiff repeatedly moaned, ?oh my god? and ?help, help,? while Trooper Stepp radioed an ambulance and told them Plaintiff was ?badly damaged.? 53. As a result of the violent beating at the hands of Trooper Stepp, Plaintiff?s head, face, neck, clothes were left covered in blood: Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 8 of 18 PagelD 8 Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 9 of 18 PagelD 9 Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 10 of 18 PagelD 10 54. The beating in?icted by Trooper Stepp was so brutal, Plaintiff?s blood was splattered along the side of the road and had pooled on the pavement: Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 11 of 18 PagelD 11 55. As Plaintiff waited for medical help to arrive, he moaned in pain, called for help, begged for water, and struggled to talk, stand, or even sit. In fact, when asked by Trooper Stepp, Plaintiff could not even recite his name correctly. 56. Due to the severity of his injuries, Plaintiff was taken by ambulance to Calhoun County High School, where he was then ?own by medivac helicopter to Charleston Area Medical Center (CAMC) in Charleston, West Virginia. 57. At CAMC, Plaintiff was diagnosed and treated for, among other things, an acute head injury; multiple lacerations to his scalp and face, requiring nine (9) staples to close the wounds; cranial hematomas; a possible left wrist fracture; and a possible lung contusion. 58. In a blatant attempt to cover-up his unlawful actions, Trooper Stepp executed a criminal complaint bringing several false charges against Plaintiff, including attempting to disarm an of?cer (a felony), obstructing an of?cer, battery on an of?cer, and destruction of property (Trooper Stepp?s State Police issued short-sleeve uniform shirt). All of these false charges are refuted by the dashcam video of this incident. 59. In a ?irther attempt to cover-up his unlawful actions, Trooper Stepp falsely told medical ?rst responders that Plaintiff 5 head injuries were caused by Plaintiff crashing his vehicle. This false statement is also refuted by the dashcam video of this incident. When Plaintiff is initially drug out of his vehicle by Trooper Stepp, he is unharmed and not bleeding. Only after the brutal beating in?icted by Trooper Stepp did Plaintiff begin bleeding from his head and face. COUNT I EXCESSIVE FORCE UNDER 42 U.S.C. $1983 60. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 59 as though fully set forth herein. -11- Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 12 of 18 PagelD 12 61. Tr00per Stepp, while acting under color of law, violated Plaintiff?s constitutional rights by using excessive and unlawful force, as described hereinabove, during the detainment and arrest of Plaintiff on April 19, 2017, resulting in serious bodily injuries. 62. The actions of Trooper Stepp violated the constitutional rights guaranteed to Plaintiff under the Fourth Amendment to the United States Constitution. 63. The actions of Trooper Stepp were not taken in good-faith and were in violation of clearly established law. 64. Trooper Stepp?s brutal acts were unlawful, unreasonable, and unj usti?ed, as Plaintiff was unarmed, not resisting arrest, and posed no immediate threat to the safety of Trooper Stepp. 65. As a direct and proximate result of Trooper Stepp?s brutal, unprovoked, unjusti?ed, and unconstitutional beating, Plaintiff suffered severe, permanent, and debilitating injuries, and will seek compensation for: past and future medical expenses and other economic and noneconomic damages; pain and suffering both in the past and in the future; an impairment of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 66. In addition to these compensatory damages, Plaintiff will also seek to recover, under 42 U.S.C. 1983, attorneys? fees and cost incurred during the course of this litigation. 67. The actions. of Trooper Stepp against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Trooper Stepp?s applicable insurance policy. -12- Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 13 of 18 PagelD 13 COUNT II STATE CONSTITUTIONAL VIOLATIONS 68. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 67 as though fully set forth herein. 69. Trooper Stepp, while acting under color of law, violated Plaintiff?s constitutional rights by using excessive and unlawful force, as described hereinabove, during the detainment and arrest of Plaintiff on April 19, 2017, resulting in serious bodily injuries. 70. Count II alleges a constitutional tort action under the West Virginia Constitution, pursuant to the common law of West Virginia, and speci?cally is not ?led pursuant to 42 U.S.C. 1983 or any other related federal statute. 71. The actions of Trooper Stepp violated the constitutional rights guaranteed to Plaintiff under Article Sections 6 and 10 of the West Virginia Constitution. 72. The actions of Trooper Stepp also violated the constitutional rights guaranteed to Plaintiff under the Fourth Amendment to the United States Constitution. 73. The actions of Trooper Stepp were not taken in good?faith and were in violation of clearly established law. 74. Trooper Stepp?s brutal acts were unlawful, unreasonable, and unjusti?ed, as Plaintiff was unarmed, not resisting arrest, and posed no immediate threat to the safety of Trooper Stepp. 75. As a direct and proximate result of Trooper Stepp?s brutal, unprovoked, unjusti?ed, and unconstitutional beating, Plaintiff suffered severe, permanent, and debilitating injuries, and will seek compensation for: past and future medical expenses and other economic and noneconomic damages; pain and suffering both in the past and in the future; an impairment of the -13- Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 14 of 18 PagelD 14 capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the ?lture. 76. The actions of Trooper Stepp against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Trooper Stepp?s applicable insurance policy. COUNT - BATTERY 77. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 76 as though fully set forth herein. 78. Trooper Stepp committed battery upon Plaintiff, proximately causing severe and debilitating bodily injuries. 79. As a direct and proximate result of Trooper Stepp?s brutal, unprovoked, and unjusti?ed beating, Plaintiff suffered permanent and debilitating injuries, and will seek compensation for: past and ?lture medical expenses and other economic and noneconomic damages; pain and suffering both in the past and in the future; an impairment of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 80. The actions of Trooper Stepp against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Trooper Stepp?s applicable insurance policy. -14- Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 15 of 18 PagelD 15 COUNT IV NEGLIGENCE 81. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 80 as though fully set forth herein. 82. At all times relevant hereto, Trooper Stepp owed Plaintiff a duty of care. 83. Trooper Stepp, while acting within the scope of his employment, breached his duty of care to Plaintiff. 84. As a direct and proximate result of Trooper Stepp?s breach of his duty of care, Plaintiff suffered severe and debilitating bodily injuries. 85. As a direct and proximate result of Trooper Stepp?s brutal, unprovoked, and unjusti?ed beating, Plaintiff suffered permanent and debilitating injuries, and will seek compensation for: past and future medical expenses and other economic and noneconomic damages; pain and suffering both in the past and in the ?Jture; an impairment of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 86. The actions of Trooper Stepp against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Trooper Stepp?s applicable insurance policy. COUNT INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 87. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 86 as though fully set forth herein. 88. The brutal beating of Plaintiff at the hands of Trooper Stepp was atrocious, intolerable, and so extreme and outrageous as to exceed the bounds of decency. -15- Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 16 of 18 PagelD 16 89. Trooper Stepp acted with intent to in?ict emotional distress or acted recklessly when it was certain or substantially certain that emotional distress would result from his outrageous conduct. 90. Trooper Stepp?s heinous actions caused Plaintiff to suffer severe emotional distress. 91. The emotional distress was so severe, no reasonable person could be expected to endure it. 92. As a direct and proximate result of Trooper Stepp?s brutal, unprovoked, and unjusti?ed beating, Plaintiff suffered severe emotional distress; mental and emotional pain and suffering, both in the past and in the future; an impairment of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 93. The actions of Trooper Stepp against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Trooper Stepp?s applicable insurance policy. COUNT VI ABUSE 0F PROCESS 94. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 93 as though fully set forth herein. 95. Tr00per Stepp ?led a criminal complaint against Plaintiff and initiated the prosecution of Plaintiff on various false charges. 96. The criminal complaint contained false statements made to cover-up and/or justify Trooper Stepp?s unlawful and unconstitutional actions, as set forth hereinabove. -15- Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 17 of 18 PagelD 17 97. Trooper Stepp?s false criminal complaint and the resulting prosecution was a willful, malicious, and/or intentional abuse or misuse of lawful process for the accomplishment of a wrongful objective; namely, to cover-up and/or justify Trooper Stepp?s unlawful beating of Plaintiff. 98. The criminal complaint and prosecution of the following charges are without reasonable or probable cause, and were fabricated by Trooper Stepp to cover-up and/or justify his unlawful actions: attempting to disarm an of?cer, obstructing an of?cer, battery on an of?cer, and destruction of property. 99. The above-mentioned charges are refuted by the dashcam video of this incident. 100. As a direct and proximate result of Trooper Stepp?s abuse of process, Plaintiff has suffered damages, including but limited to, emotional pain and suffering, annoyance, aggravation, inconvenience, mental anguish, and humiliation, as well as damage to his name and reputation. 101. Moreover, as a direct and proximate result of Trooper Stepp?s abuse of process, Plaintiff has been under court ordered house arrest for over one (1) year. As a result of being kept under house arrest, due to the false charges brought by Trooper Stepp, Plaintiff has suffered damages, including but not limited to, emotional pain and suffering, annoyance, aggravation, inconvenience, mental anguish, and humiliation, as well as lost wages. WHEREFORE, Plaintiff demands judgment in his favor against Trooper Stepp in an amount to be proven at trial, together with pre-judgment and post-judgment interest; for all damages recoverable under law; for punitive damages; for his attomey?s fees, expenses, and costs of litigation; and for such other and further relief this Honorable Court deems just and proper. PLAINTIFF DEMANDS A TRIAL BY JURY. -17- Case 2:18-cv-01177 Document 1 Filed 07/23/18 Page 18 of 18 PagelD 18 -18- JOSHUA M. SETTLE By Counsel Russell A. Williams Eric J. Buckner WV State Bare No. 9578 Russell A. Williams WV State Bar No. 12710 Katz, Kantor, Stonestreet Buckner, PLLC 112 Capitol Street, Suite 100 Charleston, WV 25301 (304) 431-4053 Case 2:18-cv-01177 Document 1-1 Filed 07/23/18 Page 1 of 1 PageID #: 19 CIVIL COVER SHEET JS 44 (Rev, 06/ 17) The JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service or pleadings or other papers as required by law, except as provided by local rules of court. This fonn, 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 ofinhinting the civil docket sheet. (.�HI, INS'/11l/C110NS ON NEXT !'AG/! OF THIS FORM.) NRJ¾frf�JM�i�p, Individually as a member of the West Virginia State Police (b) County of Residence of First Listed Plaintiff _C _a_lh_ou _ _n _______ (EXCEPT IN l/.1>: PLA/N71FF CASt��) County or Residence of First Listed Defendant NOTE: (C) Attorneys (Vim, Name, Addre.u, and TelephoneNumber) Eric J. Buckner and Russell A. Williams; Katz, Kantor, Stonestreet & Buckner, PLLC., 112 Capitol Street, Suite 200, Charleston, WV 25301; 304-431-4050 II. BASIS OF JURISDICTION (P/acea11 � 3 Federal Question (l/.,\: Go,•emmenlN ol a Party) 0 2 U.S. Government Defendant 0 4 Diversity (I nd icate Citizenship of Portie., in //em Ill) (For Dii·ersity Ca,. es 011/y) IV. NATURE OF SUIT (l'lacean "X" in011eHox011t � 0 110 Insurance 0 120Marine 0 130Miller Act 0 140Negotiable Instrument 0 150Recovery of Overpayment & Enforcement ofJud!llllOIII 0 151 Medicare Act 0 152 Recovery ofDefaulted Student Loans (Excludes Veterans) 0 153Recovery ofOverpayment ofVeteran's Benefits 0 160Stockholders' Suits 0 I 90Other Contract 0 195 Contract Product Liability 0 196 Franchise 0 0 0 0 0 0 210 Land Condemnation 220 Foreclosure 230Rent Lease & Ejectment 240Torts to Land 245Tort Product Liability 290 All Other Real Property PERSONAL INJURY 0 310Airplane 0 3I 5 Ai rplane Product Liability 0 320 Assault, Libel & Slander 0 330 Federal Employers' Liability 0 340Marine 0 345 Marine Product Liability 0 350Motor Vehicle 0 355Motor Vehicle Product Liability 0 360Other Personal Injury 0 362Personal Injury Medical Mlll mctlce PERSONAL INJURY 0 365Personal Injury Product Liability 0 367 Health Care/ Pharmaceutical Personal Injury Product Liability 0 368Asbestos Personal Injury Product Liability PERSONAL PROPERTY 0 370Other Fraud 0 371 Truth in Lending 0 380Other Personal Property Damage 0 385 Property Damage Product Liability � 440 Other Civil Rights 0 441Voting 0 442 Employment 0 443Housing/ Accommodations 0 445Amer. w/Disabilities Employment 0 446 Amer. w/Disabilities Other 0 448Education Habeas Corpus: O 463 Alien Detainee O 510Motions to Vacate Sentence O 530General 0 535Death Penalty Other: 0 540Mandamus & Other 0 550Civil Rig,hts 0 555 Prison Condition 0 560Civil Detainee Conditions of Confinement V. ORIGIN (Placean "X" in One Hox Only) � I Original Proceeding O 2 Removed from State Court 0 3 Remanded from Appellate Court Attorneys (IfKnown) Ill. CITIZENSHIP OF PRINCIPAL PARTIES (P lacean "X" i110neBaxfiirPlaint/fl "X"inOneHoxOnly) 0 1 U.S. Government Plaintiff _R�o�a�n�e________ (IN If.I>: l'l.A/NTll-1• CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. and One Hox for Dejimdam) Citizen ofThis State PTF IX I DEF Citizen of Another State 0 2 0 2 Incorporated and Principal Place of Business In Another State 05 05 Citizen or Subject ofa Forci 1 Country 0 3 0 3 Foreign Nation 0 6 06 0 625Drug Related Seizure ofProperty 21 USC 881 0 690 Other Of: I Incorporated or Principal Place of Business In This State 0 422 Appeal 28USC 158 0 423Withdrawal 28 USC 157 0 820Copyrights 0 830Patent 0 835Patent - Abbreviated New Drug Application 0 !WO Tmdcmruk 0 710Fair Labor Slnndards Act 0 720 Labor/Management Relations 0 740Railway Labor Act 0 751Family and Medical Leave Act 0 790Other Labor Liligation 0 791Employee Relirement Income Security Act □ 861 HIA(l39511) 0 0 0 0 862 Black Lung (923) 863DIWC/DIWW (405(g)) 864SSID Title XVI 865RSI (405(g)) 1--===.,..,..====,--i 0 870Taxes (U.S. Plaintiff or Defendant) 0 871 IRS-Third Party 26USC 7609 O 462 Naturalization Appl!cntlou 0 465Other Immigration Actions 0 4 Reinstated or Reopened O 5 Transferred from Another District (s L'I, PTF O 4 DEF 04 0 375 False Claims Act 0 376Qui Tam (31 USC 3729(a)) 0 400State Reapportionment 0 410Antitrust 0 430 Banks and Banking 0 450Commerce 0 460 Deportation 0 470Racketeer Influenced and Corrupt Organizations 0 480Consumer Credit 0 490Cable/Sat TV 0 850 Securities/Commodilies/ Exchange 0 890 Other Statulory Actions 0 891 Agricultural Acts 0 893Environmental Matters 0 895 Freedom oflnformelion Ac! 0 896 Arbitration 0 899 Administrative Procedure Act/Review or Appeal of Agency Decision 0 950Constitutionality of State Statutes 0 6 Mullidistrict Litigation Transfer Cite the U.S. Civil Statute under which you are filing (Do not citejurisdictional statute.• un/.,.·s diversity): 0 8 Multidistrict Litigation Direct File 4 ::c .... .., ...:"'"�"":"" "':- - _ _________________________________________ VI. CAUSE OF ACTION 1-a-r""fc-�"'d-'-�S"'sc�·"' ip tio c u se : violations of constitutional ri hts when Defendant used excessive force durin the detainment of Plaintiff CHECK YES only if demanded in complaint: DEMAND$ 0 CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See ilu1nu:1ions): IF ANY JUDGE DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD DATE ls/Russell A. Williams 07/23/2018 FOR Ol'FICE USE ONLY RECEIPT# JURY DEMAND: AMOUNT APPLYING IFP JUDGE MAG.JUDGE JS{ Yes □ No