Case 2:18-cv-02336-JPM-dkv Document 1 Filed 05/16/18 Page 1 of 10

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

JAHMAZEO RICHARDSON,
Plaintiff,
v.

Case No.: 2:18-cv-2336

UNITED STATES OF AMERICA
Defendant.

COMPLAINT FOR DAMAGES

COMES NOW Plaintiff Jahmazeo Richardson (hereinafter referred to as “Plaintiff”),
by and through undersigned counsel, and files this Complaint for Damages against
Defendant United States of America (hereinafter referred to as the “Government” or
“Defendant”) pursuant to the Federal Tort Claims Act. In support of his cause, Plaintiff
would show unto the Court as follows:
PARTIES
1.

Plaintiff Jahmazeo Richardson is an adult citizen of Memphis, Shelby

County, Tennessee.
2.

Defendant United States of America is sued for injuries caused to Plaintiff

by the negligent and wrongful acts or omission of its employee.
3.

At all relevant times, Defendant’s employee was acting within the scope of

his office or employment under circumstances where the United States, if a private
person, would be liable to Plaintiff in accordance with the laws of the State of Tennessee.

 Case 2:18-cv-02336-JPM-dkv Document 1 Filed 05/16/18 Page 2 of 10

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JURISDICTION AND VENUE
4.

This Court has subject matter jurisdiction over this action pursuant to the

Federal Tort Claims Act (“FTCA”) and 28 U.S.C. §§ 1346 & 2671-80.
5.

Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2) because

the events giving rise to Plaintiff’s claims all transpired in Memphis, Shelby County,
Tennessee.
EXHAUSTION OF ADMINISTRATIVE REMEDIES
6.

This action is brought by Plaintiff against the United States of America

pursuant to the Federal Tort Claims Act.
7.

On March 1, 2016, counsel for Plaintiff presented Plaintiff’s claims to the

United States of America for adjudication by submitting Form 95-109, Claim(s) for
Damage, Injury, or Death.
8.

On April 29, 2016, Plaintiff amended Form 95-109.

9.

On November 30, 2017, the United States Department of Justice mailed a

response to Plaintiff’s Form 95-109 Claim(s) for Damage for Damage, Injury, or Death
that served as a final denial by the United States (“Final Denial Letter”).
10.

This Complaint is filed within six (6) months after the date of the mailing of

the Final Denial Letter.
11.

Plaintiff has properly exhausted the administrative processes, and his

damage claim is properly before this Court.

2

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FACTUAL ALLEGATIONS
12.

Plaintiff incorporates all foregoing paragraphs herein as if restated again in

13.

On April 1, 2015, Plaintiff was employed by Coca Cola and worked between

full.

the hours of 3:00 p.m. and 9:00 p.m.
14.

On April 1, 2015, at or around 9:00 p.m. Plaintiff was driving home from

work on Hollywood St. in Memphis, Shelby County, Tennessee.
15.

After driving through the intersection of Hollywood St. and Central Ave.,

Plaintiff’s car was suddenly and unexpectantly surrounded by a task force of United
States Marshals accompanied by Memphis Police officers and/or Shelby County Sherriff’s
deputies.
16.

The pretext basis for the stop was the false allegation that Plaintiff had

violated a City Ordinance - running a red light.
17.

Plaintiff stopped his vehicle as he was instructed to do by the law

enforcement officers.
18.

After Plaintiff stopped his vehicle, he remained in his vehicle in the driver’s

19.

After Plaintiff stopped his vehicle, approximately five (5) law enforcement

seat.

vehicles surrounded Plaintiff’s car.
20.

After Plaintiff stopped his vehicle, approximately seven (7) law enforcement

officers exited their vehicles and surrounded Plaintiff’s car.

3

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21.

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Officer Blair of the Memphis Police Department approached Plaintiff’s

driver’s side door and requested that Plaintiff produce and show him his driver’s license
and vehicle registration.
22.

Plaintiff notified Officer Blair that the vehicle registration document was

located in the vehicle’s glove box.
23.

Plaintiff asked Officer Blair on more than one (1) occasion for permission to

reach into the vehicle’s glove box to retrieve the vehicle’s registration.
24.

Officer Blair gave Plaintiff permission to reach into the vehicle’s glove box

to retrieve the vehicle’s registration.
25.

As Plaintiff reached toward the glove box, with Officer Blair’s permission to

retrieve the vehicle’s registration, a United States Marshal (hereinafter referred to as the
“Tortfeasor”) aimed his gun at the Plaintiff and fired at the Plaintiff through the passengerside window.
26.

At all times relevant hereto, Plaintiff was not in possession of a weapon.

27.

When Tortfeasor fired his weapon at Plaintiff, Plaintiff was not a fleeing

suspect.
28.

When Tortfeasor fired his weapon at Plaintiff, Plaintiff did not pose a

significant threat of serious bodily injury or death to the law enforcement officers.
29.

When Tortfeasor fired his weapon at Plaintiff, Plaintiff did not pose a

significant threat of serious bodily injury or death to another person.
30.

When Tortfeasor fired his weapon at Plaintiff, the threat of serious bodily

injury or death to the law enforcement officers and other persons was nonexistent.

4

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31.

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When Tortfeasor fired his weapon at Plaintiff, Tortfeasor did not have

probable cause to believe Plaintiff posed a significant threat of serious bodily injury or
death to the law enforcement officers or other persons.
32.

When Tortfeasor fired his weapon at Plaintiff, Tortfeasor did not have

probable cause to believe Plaintiff committed a felony involving the infliction or threatened
infliction of serious bodily injury.
33.

The Tortfeasor intended to use deadly force against the Plaintiff.

34.

The deadly force the Tortfeasor used against the Plaintiff was intended to

kill him or to do grievous bodily injury.
35.

The bullet shot by Tortfeasor narrowly missed striking Plaintiff’s body.

36.

The bullet shot by the Tortfeasor caused extensive damage to Plaintiff’s

vehicle.
37.

After being shot at by the Tortfeasor, Plaintiff was detained for over two (2)

hours before the law enforcement officers allowed him to leave.
38.

After being shot at by the Tortfeasor and being detained for over two (2)

hours, Plaintiff was given a citation for running a red light and driving without proof of
insurance.
39.

As a result of Tortfeasor’s acts and/or omissions, Plaintiff had a panic attack

at the scene of the accident.
40.

As a result of Tortfeasor’s acts and/or omissions, Plaintiff was required to

seek medical attention for the emotional injuries he suffered.
41.

As a result of Tortfeasor’s acts and/or omissions, medical professionals

have diagnosed Plaintiff as suffering from Post-Traumatic Stress Disorder (“PTSD”).

5

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42.

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As a result of Tortfeasor’s acts and/or omissions, Plaintiff suffers from

anxiety, difficulty sleeping, and recurring flashbacks to the events of the traffic stop.
CAUSES OF ACTION
COUNT I: NEGLIGENCE
43.

Plaintiff incorporates all foregoing paragraphs herein as if restated again in

44.

Plaintiff brings this action against Defendant to recover damages resulting

full.

from the Defendant’s negligent acts, by and through its employee, alleged herein.
45.

At all times relevant hereto, Tortfeasor was employed by the United States

Marshals Service.
46.

Pursuant to 28 U.S.C. § 561, the United States Marshals Service is a federal

law enforcement agency within the United States Department of Justice.
47.

The United States Marshals Service is empowered by law to execute

searches, to seize evidence, and/or make arrests.
48.

The United States Department of Justice is a federal executive department

of the United States Government.
49.

Pursuant to 28 U.S.C. § 2671, employee of the government includes officers

or employees of any federal agency.
50.

At all times relevant hereto, Tortfeasor was a federal employee acting within

the course and scope of his federal employment.
51.

At all times relevant hereto, Defendant was the employer of Tortfeasor.

52.

At all times relevant hereto, Defendant is vicariously liable for the acts or

omissions of Tortfeasor.

6

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53.

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At all times relevant hereto, Defendant owed Plaintiff a duty to exercise

reasonable care.
54.

At all times relevant hereto, Defendant owed Plaintiff a duty to ensure that

its employees performed their job with reasonable care.
55.

Defendant, by and through its employee, breached the duties owed to

Plaintiff by brandishing a firearm when Plaintiff presented no threat of serios bodily harm
or death to the law enforcement officers or any other person.
56.

Defendant, by and through its employee, breached the duties owed to

Plaintiff by using deadly force when Plaintiff presented no threat of serious bodily harm
or death to the law enforcement officers or any other person.
57.

Defendant, by and through its employee, breached the duties owed to

Plaintiff by brandishing a firearm when Tortfeasor did not have probable cause to believe
Plaintiff posed a threat of harm to the law enforcement officers or any other person.
58.

Defendant, by and through its employee, breached the duties owed to

Plaintiff by using deadly force when Tortfeasor did not have probable cause to believe
Plaintiff posed a threat of harm to the law enforcement officers or any other person.
59.

Defendant, by and through its employee, breached the duties owed to

Plaintiff by brandishing a firearm when Tortfeasor did not have probable cause to believe
Plaintiff committed a felony involving the infliction or threatened infliction of serious bodily
injury.
60.

Defendant, by and through its employee, breached the duties owed to

Plaintiff by using deadly force when Tortfeasor did not have probable cause to believe

7

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Plaintiff committed a felony involving the infliction or threatened infliction of serious bodily
injury.
61.

Defendant, by and through its employee, breached the duties owed to

Plaintiff by endangering Plaintiff’s person and property when Tortfeasor discharged his
firearm into Plaintiff’s vehicle.
62.

As a direct and proximate cause of Defendant’s acts and/or omissions, by

and through its employee, Plaintiff suffers severe emotional distress that includes: PTSD,
anxiety, difficulty sleeping, and recurring flashbacks to the events of the traffic stop.
63.

As a direct and proximate cause of Defendant’s acts and/or omissions, by

and through its employee, Plaintiff incurred medical expenses and damage to his vehicle.
64.

All of the injuries and damages complained of herein were foreseeable and

proximately resulted from the negligence of Defendant, by and through its employee.
COUNT II: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
65.

Plaintiff incorporates all foregoing paragraphs herein as if restated again in

66.

Defendant had a duty to protect Plaintiff from the specific type of harm

full.

alleged herein.
67.

Defendant, by and through its employee, failed to use reasonable care and

breached duties to Plaintiff.
68.

As a result of Defendant’s acts and/or omissions, by and through its

employee, Plaintiff suffers from anxiety, difficulty sleeping, and recurring flashbacks to the
events of the traffic stop.

8

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69.

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As a result of Defendant’s acts and/or omissions, by and through its

employee, Plaintiff has been diagnosed with PTSD.
70.

As a result of Defendant’s acts and/or omissions, by and through its

employee, Plaintiff is medically required to attend therapy and intensive outpatient
programs to treat his injuries.
71.

All injuries and damages complained of herein were foreseeable and

proximately resulted from the acts and/or omissions of Defendant, by and through its
employee.
AD DAMNUM
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays for
judgment against Defendant and prays as follows:
1.

That a copy of the Complaint be served upon the Defendant and that it be

required to answer as provided by law;
2.

That the Court find that Defendant was negligent in causing the damage

complained of herein;
3.

That the Court enter a judgment against the Defendant and in favor of the

Plaintiff for $101,456.09; and
4.

For all such other relief as the Court deems just and proper.

9

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Respectfully Submitted,

By:

/s/ Robert L. J. Spence, Jr.
ROBERT L. J. SPENCE, JR. (BPR #12256)
JERRICK D. MURRELL (BPR #34368)
The Spence Law Firm, PLLC
80 Monroe Ave.
Garden Suite One
Memphis, Tennessee 38103
Telephone: 901.312.9160
Facsimile: 901.521.9550
rspence@spence-lawfirm.com
jmurrell@spence-lawfirm.com
Attorneys for the Plaintiff

10

 Case 2:18-cv-02336-JPM-dkv Document 1-1 Filed 05/16/18 Page 1 of 2

CIVIL COVER SHEET

JS 44 (Rev. 06/17)

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The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, 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 of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Jahmazeo Richardson

United States of America

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Robert L. J. Spence, Jr.
The Spence Law Firm, PLLC
80 Monroe Avenue, Garden Suite One, Memphis, TN 38103
9013129160

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
’ 1

U.S. Government
Plaintiff

’ 3

Federal Question
(U.S. Government Not a Party)

’ 2

U.S. Government
Defendant

’ 4

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
’ 1

’
’
’
’
’
’
’
’
’
’
’
’

’
’
’
’
’
’
’
’
’
’

’
’
’
’
’
’

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

’
’
’
’
’
’
’

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
’ 4
’ 4
of Business In This State

’ 2

’

2

Incorporated and Principal Place
of Business In Another State

’ 5

’ 5

Citizen or Subject of a
Foreign Country

’ 3

’

3

Foreign Nation

’ 6

’ 6

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

DEF
’ 1

Citizen of Another State

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT

Shelby

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

FORFEITURE/PENALTY

PERSONAL INJURY
’ 365 Personal Injury Product Liability
’ 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
’ 463 Alien Detainee
’ 510 Motions to Vacate
Sentence
’ 530 General
’ 535 Death Penalty
Other:
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
’ 560 Civil Detainee Conditions of
Confinement

’ 625 Drug Related Seizure
of Property 21 USC 881
’ 690 Other

LABOR
’ 710 Fair Labor Standards
Act
’ 720 Labor/Management
Relations
’ 740 Railway Labor Act
’ 751 Family and Medical
Leave Act
’ 790 Other Labor Litigation
’ 791 Employee Retirement
Income Security Act

BANKRUPTCY
’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
’ 820 Copyrights
’ 830 Patent
’ 835 Patent - Abbreviated
New Drug Application
’ 840 Trademark
SOCIAL SECURITY
’ 861 HIA (1395ff)
’ 862 Black Lung (923)
’ 863 DIWC/DIWW (405(g))
’ 864 SSID Title XVI
’ 865 RSI (405(g))

FEDERAL TAX SUITS
’ 870 Taxes (U.S. Plaintiff
or Defendant)
’ 871 IRS—Third Party
26 USC 7609

IMMIGRATION
’ 462 Naturalization Application
’ 465 Other Immigration
Actions

OTHER STATUTES
’ 375 False Claims Act
’ 376 Qui Tam (31 USC
3729(a))
’ 400 State Reapportionment
’ 410 Antitrust
’ 430 Banks and Banking
’ 450 Commerce
’ 460 Deportation
’ 470 Racketeer Influenced and
Corrupt Organizations
’ 480 Consumer Credit
’ 490 Cable/Sat TV
’ 850 Securities/Commodities/
Exchange
’ 890 Other Statutory Actions
’ 891 Agricultural Acts
’ 893 Environmental Matters
’ 895 Freedom of Information
Act
’ 896 Arbitration
’ 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
’ 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original
Proceeding

’ 2 Removed from
State Court

’ 3

’ 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Remanded from
Appellate Court

’ 4 Reinstated or
Reopened

’ 5 Transferred from
Another District

’ 8 Multidistrict
Litigation Direct File

Federal Tort Claims Act, 28 U.S.C. 2674

VI. CAUSE OF ACTION Brief description of cause:

Action for personal injuries pursuant to Federal Tort Claims Act

’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:
’ Yes
’ No
JURY DEMAND:

DEMAND $

DOCKET NUMBER 18-2336

SIGNATURE OF ATTORNEY OF RECORD

s/ Robert L. J. Spence, Jr.

05/16/2018
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

 Case 2:18-cv-02336-JPM-dkv Document 1-1 Filed 05/16/18 Page 2 of 2

JS 44 Reverse (Rev. 06/17)

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, 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 of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V.

Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

 Case 2:18-cv-02336-JPM-dkv Document 1-2 Filed 05/16/18 Page 1 of 2

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AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Western District
of of
Tennessee
__________
District
__________
JAHMAZEO RICHARDSON

Plaintiff(s)

v.
UNITED STATES OF AMERICA

Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 2:18-cv-2336

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) United States of America

c/o United States Attorney for the Western District of Tennessee
167 N. Main Street, Suite 800
Memphis, TN 38103

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Robert L. J. Spence, Jr.
The Spence Law Firm, PLLC
80 Monroe Avenue, Garden Suite one
Memphis, TN 38103

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 2:18-cv-02336-JPM-dkv Document 1-2 Filed 05/16/18 Page 2 of 2

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AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 2:18-cv-2336
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.