Case: 5:19-cv-02788-JRA Doc #: 1 Filed: 11/26/19 1 of 6. PageID #: 1

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CHRISTIAN BEARD,
c/o William T. Whitaker Co. LPA
54 E Mill St.
Akron, Ohio 44308,

CASE NO.:
JUDGE:

Plaintiff,
COMPLAINT
-vsJURY TRIAL DEMANDED
EZEKIEL RYAN,
c/o Lakemore Police Department
1400 Main Street
Lakemore, Ohio 44250,
and
KRISTOFER LONDON,
c/o Springfield Township Police Department
2465 Canfield Road
Akron, Ohio 44312,
Defendants.

Plaintiff Christian Beard for his complaint against Defendants Ezekiel Ryan and Kristofer
London alleges as follows:
INTRODUCTION
1. This is a civil rights action. On February 13, 2018, Defendant Police Officers Ezekiel
Ryan and Kristofer London shot Christian Beard, a 23-year-old man. This shooting was unjustified
and violated Beard’s rights under the U.S. Constitution and Ohio law, and left him with a bullet
that remains lodged in his neck, nerve damage, and permanent damage to his hand.

 Case: 5:19-cv-02788-JRA Doc #: 1 Filed: 11/26/19 2 of 6. PageID #: 2

JURISDICTION AND VENUE
2. The Jurisdiction of the court is invoked pursuant to the Civil Rights Act, 42 U.S.C §1983
et seq; the Judicial Code, §§1331 and 1343(a); and the Constitution of the United States.
3. Supplemental jurisdiction over the related state law claims is invoked pursuant to 28
U.S.C. §1367.
4. Venue is proper in this District under 28 U.S.C. § 1391(b). The parties reside, or, at the
time the events took place, resided in this judicial district, and the events giving rise to Plaintiff’s
claim also occurred in this judicial district.
PARTIES
5. At all times relevant to the allegations made in the complaint, Plaintiff Christian Beard
resided in Summit County, Ohio.
6. Defendant Officer Ezekiel Ryan was, at all times relevant to the allegations made in this
complaint, a duly appointed police officer employed by the Village of Lakemore, Summit County,
acting within the scope of his employment and under the color of state law. He is sued in his
individual capacity.
7. Defendant Officer Kristofer London was, at all times relevant to the allegations made
in this complaint, a duly appointed police officer employed by the Township of Springfield, acting
within the scope of his employment and under the color of state law. He is sued in his individual
capacity.

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FACTS
8. On February 13, 2018, Christian Beard was driving a van with passenger Matthew
Burghardt in Lakemore, Ohio.
9. Just before 5 a.m., Beard parked the van at 1271 Main Street in Lakemore, Ohio.
10.

Prior to this, an attempted burglary had been reported at a nearby Tractor Supply

store. Police from the Springfield Township and Village of Lakemore Police Departments were
dispatched to investigate.
11.

During their investigation, Defendant Police Officer Ezekiel Ryan of the Lakemore

Police Department, along with Defendant Police Officer Kristofer London and Sergeant Eric East
of the Springfield Township Police Department, located and approached Beard’s van.
12.

When the officers arrived, Beard and Burghardt were still in the van, laid back in

their seats, with eyes closed.
13.

The officers were positioned to the side and in front of the van. They told Beard

and Burghardt to open the doors. Sgt. East began to use a “slim jim” to attempt to open the driver’s
side door of the van.
14.

Defendant Ryan stood near the front driver’s side door. Defendant London faced

the passenger’s side of the van. Both had their weapons drawn.
15.

As Sgt. East inserted the “slim jim” into the driver’s side window, Beard sat up, put

his hands up, and looked to the rear at the area behind the van, and put the van in reverse.
16.

As the van reversed, Sgt. East told Defendants London and Ryan, “Don’t shoot

him, don’t shoot him.”
17.

No officers, nor any other person, were in the path of the van as it reversed.

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18.

Despite Sgt. East’s warning, Defendants Ryan and London each fired three shots at

Beard and Burghardt.
19.

Body-worn camera captured this shooting. (See Video at 00:00 - 02:00, available

at https://youtu.be/sf0GjrACwYM.)
20.

Christian Beard and Matthew Burghardt were unarmed when Defendants Ryan and

London shot him. He did not pose a threat of death or serious physical harm to Officers Ryan,
London, or East, or to anyone else at the time shots were fired.
21.

As a result of this shooting, Christian Beard suffers from serious, debilitating

physical injuries and continuing psychological trauma including but not limited to a bullet that
remains lodged in his neck and cannot be removed, nerve damage, and limitations in the use of his
hand.
22.

Christian Beard and his family are devastated by these irreparable and lifechanging

injuries.
23.

This shooting was unjustified, objectively unreasonable, and constituted excessive

force, in violation of Christian Beard’s constitutional rights.
COUNT 1
42 U.S.C. § 1983 Claim for Unconstitutional Seizure
against Defendants Ryan and London
24.

All of the foregoing paragraphs are incorporated as though fully set forth here.

25.

The actions of Defendant Officers Ezekiel Ryan and Kristofer London, as alleged

in the preceding paragraphs, violated Christian Beard’s rights under the Fourth Amendment to the
United States Constitution to be secure in his person against unreasonable seizure, and his right to
due process under the Fourteenth Amendment to the United States Constitution, and caused the
injuries alleged in this complaint.

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26.

Christian Beard was subjected to the use of excessive force in violation of his Fourth

Amendment rights.
27.

The actions of the Defendant Officers as alleged in this count of the complaint were

the direct and proximate cause of the constitutional violations set forth above and of Christian
Beard’s injuries.
28.

Defendants are jointly and severally liable for this conduct.
COUNT 2
State Law Claim for Willful, Wanton and Reckless Conduct
against Defendants Ryan and London

29.

All of the foregoing paragraphs are incorporated as though fully set forth here.

30.

Defendant Officers Ezekiel Ryan and Kristofer London failed to exercise due care

and acted in a willful, wanton, and/or reckless manner while engaged in police functions and
activities that culminated in the above-described damages and injuries to Christian Beard.
31.

Defendants’ reckless, wanton, and/or willful conduct proximately caused the

physical and psychological damages to Christian Beard.
32.

As a direct and proximate result of the misconduct of the Defendant Officers,

Christian Beard suffered and continues to suffer injuries and damages.
33.

Defendants are jointly and severally liable for this conduct.
COUNT 3
State Law Claim for Assault and Battery
against Defendants Ryan and London

34.

All of the foregoing paragraphs are incorporated as though fully set forth here.

35.

Defendant Officers Ezekiel Ryan’s and Kristofer London’s conduct created in

Christian Beard the apprehension of an imminent, harmful, and offensive touching and constituted
a harmful and offensive touching, made knowingly and without legal justification.

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36.

Defendants are jointly and severally liable for this conduct.
PRAYER FOR RELIEF

Plaintiff demands that judgment be entered in his favor on all counts and prays the court to
award the following relief:
a.

An award of actual and/or compensatory damages against all Defendants in
an amount to be determined at trial that will fully and fairly compensate
Christian Beard for the injuries and damages he suffered;

b.

An award of punitive damages against Defendant Officers Ezekiel Ryan and
Kristofer London in an amount to be determined at trial that will serve to
adequately punish and deter the acts and omissions alleged in this
complaint;

c.

An award of attorneys’ fees and the costs of this action pursuant to 42
U.S.C. Section 1988; and

d.

All such other relief to which Plaintiff is entitled and/or this Court deems
equitable.

TRIAL BY JURY ON ALL CLAIMS FOR RELIEF HEREBY DEMANDED.

Dated: November 26, 2019

/s/ Andrea L. Whitaker__________
Andrea L. Whitaker # 0074461
54 E Mill St., Suite 301
Akron, Ohio 44308
(330) 762-0287;
(330) 762-2669 Facsimile
whitaker@whitakerlawlpa.com
Counsel for Plaintiff Christian Beard

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