Case Case 1:14-cv-00749-JBS-KMW 1:14-cv-00749-JBS-KMW Document Document 31-1 36 Filed Filed10/15/15 08/31/15 Page Page1 1ofof9 9PageID: PageID:104 92 ZEFF LAW FIRM LLC Gregg L. Zeff, Esquire Jennifer L. Prior, Esquire 100 Century Parkway, Suite 305 Mt. Laurel, NJ 08054 (856) 778-9700 gzeff@glzefflaw.com Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY MARELLA LAWSON 1611 3rd Avenue Seabrook, NJ 08302 Plaintiff, v. CITY OF BRIDGETON 181 East Commerce Street Bridgeton, NJ 08302 AND OFFICER SHANE SAWYERS 181 East Commerce Street Bridgeton, NJ 08302 AND OFFICER ROBERT ROBBINS 181 East Commerce Street Bridgeton, NJ 08302 OFFICERS JOHN DOE 1-3 181 East Commerce Street Bridgeton, NJ 08302 Defendants. : CIVIL ACTION : : No. 14-749 : : JURY TRIAL DEMANDED : : : : : : : : : : : : : : : : : : : : : : : : PLAINTIFF’S FIRST AMENDED COMPLAINT (Changes are in Bold Italics) 1 Case Case 1:14-cv-00749-JBS-KMW 1:14-cv-00749-JBS-KMW Document Document 31-1 36 Filed Filed10/15/15 08/31/15 Page Page2 2ofof9 9PageID: PageID:105 93 Plaintiff Marella Lawson (“Plaintiff”), by and through her attorneys, Zeff Law Firm, L.L.C. does hereby file this complaint and aver as follows: PRELIMINARY STATEMENT Plaintiff brings this action for compensatory damages, punitive damages and attorney’s fees for the wrongful acts of Defendants. This lawsuit addresses the multiple attacks Defendants committed against Plaintiff, who committed no offense other than being an African American woman. Defendants used their positions and power granted to them by the state, to assault, batter and cause excruciating physical pain to Plaintiff. On two separate occasions Plaintiff was stopped, arrested, seized and after telling Defendants about her injured shoulder, intentionally cuffed behind her back to inflict more pain and injury upon her. The second time, the subject of this Amended Complaint, Plaintiff called 911 when she saw that her prior assailant- Officer Sawyer stopped her. While she was seeking assistance through 911, Officer Sawyer, knowing that Plaintiff had an ongoing lawsuit against him for injuring her shoulder, broke the window of her car, pulled her out of the vehicle by her shoulder, threw her to the ground and cuffed her in the back, despite her pleas that her shoulder was injured. JURISDICTION 1. This action is brought pursuant to 42 U.S.C. § 1983 and the Fourth Amendment to the United States Constitution. Jurisdiction is founded on 28 U.S.C. §§ 1331 and 1343(3) and the aforementioned statutory and constitution provision. 2. Jurisdiction lies over state and law claims based on the principals of supplemental jurisdiction, as codified at 28 U.S.C. § 1367. 2 Case Case 1:14-cv-00749-JBS-KMW 1:14-cv-00749-JBS-KMW Document Document 31-1 36 Filed Filed10/15/15 08/31/15 Page Page3 3ofof9 9PageID: PageID:106 94 3. The amount of controversy exclusive of interest and costs exceeds the sum of One Hundred Thousand Dollars ($100,000.00). VENUE 4. All the claims herein arose within the jurisdiction of the United States District Court of New Jersey and involve Defendants who reside within the jurisdictional limits. Venue is accordingly invoked pursuant to the dictates of 28 U.S.C. § 1391(b) and (c). PARTIES 5. Plaintiff is an adult individual citizen of the State of New Jersey and resides at the above address. Plaintiff is at all times relevant hereto, is and was diabetic. 6. Defendant City of Bridgeton (“City”) is a municipality, organized by and through the State of New Jersey. 7. Defendant Police Officer Shane Sawyers (“Defendant Sawyers”) is a City police officer employed by and the agent of the City. Defendant Sawyers is sued in his individual and official capacities. 8. Defendant Police Officer Robert Robbins (“Defendant Robbins”) is a City police officer employed by and the agent of the City. Defendant Robbins is sued in his individual and official capacities. 9. Defendant Police Officers John Doe 1-3 are City police officers, who have yet to be specifically identified; they are employed by and the agents of the City. They are sued in their individual and official capacities. FACTS 10. Defendants’ first physical and mental abusive attack on Plaintiff occurred April 20, 2013. 3 Case Case 1:14-cv-00749-JBS-KMW 1:14-cv-00749-JBS-KMW Document Document 31-1 36 Filed Filed10/15/15 08/31/15 Page Page4 4ofof9 9PageID: PageID:107 95 11. April 20, 2013, Defendant Officers came to Plaintiff’s house, charging her with contempt for violating a no contact order, accusing her of calling the subject of the order, Gloria Simpkins’ house. 12. Plaintiff asked Defendant Officers to allow her to finish eating, before going to the police station, because she is a diabetic. 13. Before Plaintiff could eat anything further, Defendant Sawyers stated he believed Plaintiff ate enough, and instructed Defendant Robbins to take Plaintiff’s plate away. 14. Plaintiff then reached to get orange juice, and Defendant Sawyers grabbed her by the arm and bent it behind her back. 15. As Plaintiff screamed in pain, she told Defendant Sawyers that her arm could not bend backwards, due to a frozen shoulder injury. 16. Next, Defendant Robbins grabbed Plaintiff’s right arm and told her he was arresting her for resisting arrest. 17. Defendant Sawyers then threw Plaintiff to the floor, and Plaintiff begged the Officers not to pull her arm back, because of her frozen shoulder injury. 18. While on the floor, as Plaintiff begged Defendant Officers to stop abusing her, she locked her two hands in front of her body, asking Defendant Robbins to cuff her arms in front of her body, instead of behind her body, due to her injury. 19. Instead of cuffing Plaintiff, Defendant Sawyers punched her in the face and kicked her. 20. While still on the floor, Defendant Robbins held Plaintiff by her legs as Sawyers pulled her hair and banged her head against the floor. 4 Case Case 1:14-cv-00749-JBS-KMW 1:14-cv-00749-JBS-KMW Document Document 31-1 36 Filed Filed10/15/15 08/31/15 Page Page5 5ofof9 9PageID: PageID:108 96 21. Defendant Sawyers then ordered Defendant Robbins to mace Plaintiff, and Robbins complied, spraying Plaintiff with mace all over her face, eyes, mouth, nose, in her hair, and down her neck. 22. February 5, 2014, Plaintiff filed a complaint against Defendants with this Court as a result of their first attack on her. 23. On March 31, 2015 at around 5:20pm Defendant Sawyer, while on duty as a police officer, followed Plaintiff’s car. 24. After following Plaintiff for about a minute Defendant Sawyer pulled Plaintiff over. 25. After recognizing at least one Defendant Officer from Defendants’ prior attack on her, Plaintiff called 911 and asked for help because she was fearful of what might be done to her. 26. Plaintiff told the Defendant Sawyer that she had been attacked by him before and that she was afraid to get out of her car. 27. After yelling and banging on the front-driver’s-side-window of Plaintiff’s car one Defendant Sawyer smashed the back-passenger-side-window of Plaintiff’s car. 28. After breaking Plaintiff’s car window Defendant Sawyer forced his way into Plaintiff’s car opening the front passenger’s-side-door and getting into the car in order to forcefully push Plaintiff out of her car. 29. After pulling Plaintiff out of her car Defendant Sawyer proceeded to slam Plaintiff into her car, force her arms behind her back, and slam her onto the ground. 30. Plaintiff pleaded with Defendant Officers not to force her arms behind her back because one arm was impaired and/or injured and could not go behind her back without causing Plaintiff a tremendous amount of pain. 5 Case Case 1:14-cv-00749-JBS-KMW 1:14-cv-00749-JBS-KMW Document Document 31-1 36 Filed Filed10/15/15 08/31/15 Page Page6 6ofof9 9PageID: PageID:109 97 31. Defendant Officers ignored Plaintiff’s pleas. Instead they yelled at her that “[she] was under arrest” and proceeded to manhandle Plaintiff. 32. Plaintiff was ultimately arrested and charged with unwarranted charges once again. 33. As a result of Defendant Officers’ abuse, Plaintiff has suffered shoulder injuries, neck injuries, and psychological harm, and other injuries. COUNT I VIOLATION OF 42 U.S.C. § 1983 EXCESSIVE FORCE (PLAINTIFF v. DEFENDANTS SAWYERS AND ROBBINS) 34. Plaintiff incorporates the preceding paragraphs of this Complaint as if same were set forth herein at length. 35. Defendant Officers used excessive force thereby violating Plaintiff's rights under the laws of the Constitution of the United States, in particular the 4th and 14th Amendments and his rights under the Constitution laws of New Jersey. 36. Without any justification or provocation, Defendant Officers willfully and maliciously caused Plaintiff to suffer injuries psychologically, and physically. 37. The actions committed by Defendant Officers constitute intentional misconduct, excessive use of force and deliberate indifference to Plaintiff which caused previously described injuries, in violation of her constitutional rights as previously set forth in the above paragraphs. WHEREFORE, Plaintiff demands judgment against Defendant Officers in an amount in excess of $100,000.00, plus interest, costs, attorney's fees and punitive damages. 6 Case Case 1:14-cv-00749-JBS-KMW 1:14-cv-00749-JBS-KMW Document Document 31-1 36 Filed Filed10/15/15 08/31/15 Page Page7 7ofof9 9PageID: PageID:110 98 COUNT II BATTERY (PLAINTIFF v. DEFENDANTS SAWYERS AND ROBBINS) 38. Plaintiff incorporates the preceding paragraphs of this Complaint as if same were set forth herein at length. 39. Defendant Officers, without provocation, justification, permission or cause, did commit battery upon the person of Plaintiff. 40. As a direct result of Defendants' battery, Plaintiff suffered the injuries aforesaid. WHEREFORE, Plaintiff demands judgment against Defendant Officers in an amount in excess of $100,000.00 plus interest, costs, attorney's fees and punitive damages. COUNT III ASSAULT (PLAINTIFF v. DEFENDANTS SAWYERS AND ROBBINS) 41. Plaintiff incorporates the preceding paragraphs of this Complaint as if same were set forth herein at length. 42. Defendant Officers, without provocation, justification, permission or cause, did commit assault upon the person of Plaintiff as aforesaid. 43. As a direct result of Defendant Officers' assault, Plaintiff suffered the injuries aforesaid. WHEREFORE, Plaintiff demands judgment against Defendant Officers in an amount in excess of $100,000.00 plus interest, costs, attorney's fees and punitive damages. 7 Case Case 1:14-cv-00749-JBS-KMW 1:14-cv-00749-JBS-KMW Document Document 31-1 36 Filed Filed10/15/15 08/31/15 Page Page8 8ofof9 9PageID: PageID:111 99 COUNT IV VIOLATIONS OF 42 U.S.C. § 1983 FAILURE TO TRAIN (PLAINTIFF v. DEFENDANT CITY) 44. Plaintiff incorporates the preceding paragraphs of this Complaint as if same were set forth herein at length. 45. Defendant City has a duty to maintain policies and practices related to arrests, handcuffing, and use of force, consistent with New Jersey Law and the U.S. Constitution. 46. Defendant City has a policy, custom or practice of ignoring the appropriate standards for arrest, handcuffing, and use of force, or has failed to train its officers appropriately. 47. As such, Defendants were deliberately indifferent and reckless with respect to the potential violations of constitutional rights. 48. Defendant City and Defendant’s police chief were the moving force behind the actions of Defendant Officers, resulting in the injuries to Plaintiff. 49. Defendant City’s policies, practices and/or customs led Defendant Officers to believe that they could violate the constitutional rights of Plaintiff with impunity and with tacit approval of Defendant City. Defendant City's policies, customs and/or practices were a direct proximate cause of the injuries suffered by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant City in an amount in excess of $100,000.00 plus interest, costs, attorney's fees and punitive damages. 8 Case Case1:14-cv-00749-JBS-KMW 1:14-cv-00749-JBS-KMW Document Document31-1 36 Filed Filed10/15/15 08/31/15 Page Page99ofof99PageID: PageID:112 100 COUNT V 42 U.S.C. § 1983 MALICIOUS PROSECUTION PLAINTIFF v. INDIVIDUAL DEFENDANTS 50. Plaintiff incorporates by reference the preceding allegations of this complaint as though each were set forth herein at length. 51. The individual defendants knew at the time they arrested Plaintiff that Plaintiff had a pending law against them and that Plaintiff had reason to fear them; yet they disregarded Plaintiff’s fear and proceeded to assault, batter and manhandle her once again. 52. The individual defendants intentionally, willfully, and maliciously prosecuted Plaintiff in violation of 42 U.S.C. § 1983. WHEREFORE, Plaintiff demands judgment against defendant in an amount in excess of One Hundred Thousand Dollars ($100,000.00) plus interest, costs, attorney's fees and punitive damages. GREGG L. ZEFF, ESQUIRE Dated: August 31, 2015 9