Case 4:19-cv-08428 Documentl Filed 12/26/19 JOHN L. BURRIS, Esq. SBN 69888 MELISSA C. NOLD, Esq. SBN 301378 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1 120 Oakland, California 94621 Telephone: (510) 839?5200 Facsimile: (510) 839-3882 john.burris@j0hnburrislaw.com melissa.nold@johnburrislaw.com Attorneys for Plaintiff ADANTE D. POINTER Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ADANTE D. POINTER, an individual, CASE NO: Plaintiff, COMPLAINT FOR DAMAGES JURY TRIAL DEMANDED CITY OF OAKLAND, a municipal corporation; and DOES 1?50, individually and in their of?cial capacities as Police Of?cers for the CITY OF OAKLAND, jointly and severally, Defendants. INTRODUCTION 1. On December 26, 2017, at approximately 7:00 pm, Civil Rights Attorney Adante D. Pointer was driving alone down International Blvd, in San Leandro, California. Mr. Pointer was obeying all traf?c laws and was not committing any crime or infraction. Nevertheless, yet-to-be- identified members of the Oakland Police Department pulled their patrol cars behind Mr. Pointer?s late model Mercedes?Benz and activated their lights and sirens. Mr. Pointer immediately complied and safely pulled over towards the curb and stopped his car. COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 1 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 2 of 11 2. Multiple, yet-to-be-identifled Oakland Police Officers began screaming con?icting commands at the car, while pointing guns at Mr. Pointer, who was terri?ed and confused. Mr. Pointer knew that if he followed the wrong set of instructions he would be shot and killed like so many others before him. Mr. Pointer responded to the conflicting directions by negotiating with the officers and deescalating the potentially deadly encounter himself. 3. Mr. Pointer got out of the car and was fully compliant. Mr. Pointer was forced to lay on the ground on his stomach and crawl backwards, while being held at gunpoint by multiple officers, knowing that any wrong move would end his life. Mr. Pointer was then handcuffed and put in the back of the patrol car, dirty, frightened and humiliated. Mr. Pointer was not immediately told why he was being detained. Mr. Pointer was ultimately released after a long detention and unlawful search of his car. 4. This action seeks to recover damages for the violation of Plaintiff?s rights under federal law. 5. This action arises under Title 42 of the United States Code, Section 1983. Title 28 of the United States Code, Sections 1331 and 1343 confers jurisdiction upon this Court. The unlawful acts and practices alleged herein occurred in San Leandro, California, which is within this judicial district. Title 28 United States Code Section 1391(b) confers venue upon this Court. PARTIES 6. Plaintiff ADANTE D. POTNTER is, and at all times herein mentioned was a resident of Oakland, California and a natural person. 7. Defendant CITY OF OAKLAND (hereinafter referred to as is and at all times mentioned herein a municipal corporation, duly authorized to operate under the laws of the State of COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 2 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 3 of 11 California. Under its supervision, the CITY OF OAKLAND operates the Oakland Police Department 8. Plaintiff is ignorant of the true names and/or capacities of defendants sued herein as DOES 1 through 50, inclusive, and therefore sue said defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained. Plaintiff believes and alleges that each of the DOE defendants is legally responsible and liable for the incident, injuries and damages hereinafter set forth. Each defendant proximately caused injuries and damages because of their negligence, breach of duty, negligent supervision, management or control, violation of public policy and/or use of excessive force. Each defendant is liable for his/her personal conduct, vicarious or imputed negligence, fault, or breach of duty, whether severally or jointly, or whether based upon agency, employment, ownership, entrustment, custody, care or control or upon any other act or omission. Plaintiff will ask leave to amend their complaint subject to further discovery. 9. In engaging in the conduct alleged herein, defendant police of?cers acted under the color of law and in the course and scope of their employment with CITY OF OAKLAND. In engaging in the conduct described herein, Defendant police of?cers exceeded the authority vested in them as police officers, under the United States and California Constitutions, and as employees of CITY OF OAKLAND. STATEMENT OF FACTS 10. On December 26, 2017, the day after Christmas at approximately 7:00 pm, Civil Rights Attorney Adante D. Pointer was driving alone in his late model Mercedes?Benz down International Blvd, in San Leandro, California. Mr. Pointer was committing no crime or infraction. 11. Nevertheless, yet?to?be?identified members of the Oakland Police Department got behind Mr. Pointer?s car and activated their lights and sirens. Mr. Pointer immediately complied and safely COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 3 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 4 of 11 pulled over towards the curb. 12. From his rear and side-view mirrors he could see multiple, yet-to-be-identi?ed Oakland Police Of?cers pointing their weapons at his car all the while screaming profanities and con?icting commands. The Of?cers repeatedly yelled at him to ?put your fucking hands up now? ?don?t you fucking move? and to ?get out of the fucking car now? at the same time. Bewildered as to Why the Of?cers had decided to pulled him over, point their guns at him and threaten him with death, his mind ?ashed through many scenarios he had seen of police unloading their guns into motorists who made subtle movements. He was petri?ed and feared that he, like many African-American men before him. would not survive this dangerous encounter. 13. Mr. Pointer was forced to respond to the numerous con?icting commands by negotiating with the of?cers and deescalating the potentially deadly encounter himself. He pled with the of?cers to tell him what he had done. In response, the Of?cers repeated their con?icting commands to get out the fucking car and to not fucking move. The Of?cers then proceeded to demand that Mr. Pointer roll down the driver side window, turn off the car and throw his keys out the window. In turn, Mr. Pointer explained that in order to roll down his window he would need to move his hands from above his head and reach into the car and that his car key was in his pants pocket. The Of?cers permitted him to roll down the window, reach into his pocket and throw the car key out onto the ground while continuing to hold him under gun point while screaming at him to ?hurry up and get out of the fucking car!? 14. Next, Mr. Pointer slowly exited the car with his hands raised high above his head, as his life ?ashed before his eyes. Despite being unarmed, fully compliant and telling the Of?cers he was an attorney, the Of?cers continued to point their guns at him while yelling at him to get on the fucking ground! Mr. Pointer complied. He ?rst got down on his knees and then laid ?at on his stomach. The Of?cers then ordered him to crawl backwards approximately 15 feet, all the while still being held at COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 4 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 5 of 11 gunpoint by numerous of?cers. A humiliated and frightened Mr. Pointer was then handcuffed and put in the back of a patrol car. 15. Despite Mr. Pointer?s numerous requests, none of the Of?cers told Mr. Pointer why he was being detained at gun point or what crime he was suspected of committing. Instead, he was left in the back of the patrol car while Mr. Pointer watched as the of?cers continued to point their guns at his now empty car while demanding the passengers get out. Mr. Pointer felt his blood boil as he imagined his two infant sons being stuck in the car without him under threat of being shot to death due to the Of?cers? reckless and potentially lethal conduct. Fortunately, their car seats where the only two things left in the passenger compartment of the car and they were safe and sound at home. The Of?cers approached the car, guns drawn and con?rmed no one else was in the car. 16. Several minutes passed as the Of?cers intermittently asked Mr. Pointer questions and supposedly conducted their investigation. At some point in time, an Of?cer told Mr. Pointer they pulled him over because his car supposedly matched the description of a suspect that had reportedly brandished an AK-47 earlier that day somewhere in Oakland. Mr. Pointer remained handcuffed while he watched the Of?cers unlawfully search the passenger compartment and trunk of his car. Members of the Oakland Police Department command staff were present during the unlawful search. 17. Having found no weapons or evidence of any criminal activity, the Of?cers eventually released Mr. Pointer from custody after what felt like an eternity. A commanding of?cer told Mr. Pointer he was stopped due to his car ?tting the description of the car driven by someone who ?red an out of a silver car earlier that day. 18. A Government Tort Claim and Citizen?s Complaint were ?led in relationship to this incident. The Oakland Police Department conducted an Internal Affairs investigation into this incident and found the Of?cers? not only unlawfully searched Mr. Pointer?s trunk but failed to accurately report COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 5 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 6 of 11 the incident in their police reports, in addition to other of?cer misconduct. 19. Plaintiff is informed and believe and thereon allege that CITY OF OAKLAND, and DOES 26-50, inclusive, breached their duty of care to the public in that they have failed to discipline Defendant DOES 1?25 inclusive, for their respective misconduct and involvement in the incident described herein, namely an unlaw?ll search and seizure of Mr. Pointer and his property, fabrication of the Of?cers of?cial police reports. Their failure to discipline Defendant DOES 1-25 inclusive, demonstrates the existence of an entrenched culture, policy or practice of promoting, tolerating and/or ratifying with deliberate indifference, the violation of individuals constitutional rights, by DOES 1- 25?s inclusive. 20. Plaintiff is informed, believe and theron allege that CITY possessed knowledge of prior incidents of unlawful search and seizure as well fabrication of the associated police reports yet failed to discipline the responsible of?cers some or all took part in the incident concerning Mr. Pointer. Plaintiff is further informed and believes this same group of of?cers have engaged in a repetaed pattern and practice of conducting unlawful detentions, seizures and searches without probable cause and then fabricate their police reports in order to cover up their misdeeds and civil rights violations. 21. Plaintiff is informed, believes and thereon alleges that members of the CITY OF OAKLAND Police Department, including, but not limited to DOES [-25 inclusive and/or each of them, have individually and/or while acting in concert with one another have conducted unlawful, arbitrary and/or unreasonable searches and seizures against Plaintiff and others. 22.Plaintiff is further informed, believes and therein alleges that as a matter of official policy rooted in an entrenched posture of deliberate indifference to the constitutional rights of persons who live, work or visit the City of OAKLAND, the CITY COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 6 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 7 of 11 has allowed persons to be abused by its Police Officer including Defendants and DOES 1- 25 and/or each of them, individually and/or while acting in concert with one another. 23. Plaintiff is informed, believes and therein alleges that City of OAKLAND Police Department exhibits a pattern and practice of violating the Fourth Amendment and despite these incidents, none of the Officers are ever found in violation of department policy or disciplined, even under the most questionable of circumstances. OAKLAND Police Department?s failure to discipline or retrain Defendant Officers is evidence of an of?cial policy, entrenched culture and posture of deliberate indifference toward protecting citizen?s rights and the resulting injuries are a proximate result of the OAKLAND Police Department?s failure to properly supervise its Of?cers and ratify their unconstitutional conduct. 24. Plaintiff is informed, believes and therein alleges that CITY OF OAKLAND knew, had reason to know by way of actual or constructive notice of the aforementioned policy, culture, pattern and/or practice and the complained of conduct and resultant injuries/violations. 25. Plaintiff is ignorant of the true names and capacities of Defendant Officers DOES 1 Through 25, inclusive, and therefore sue these Defendants by such ?ctitious names. Plaintiff is informed, believes, and thereon alleges that each Defendant so named is responsible in some manner for the injuries and damages sustained by Plaintiff as set forth herein. Plaintiff will amend his complaint to state the names and capacities of DOES 1-50, inclusive, when they have been ascertained. DAMAGES 26. Plaintiff was emotionally injured and damaged as a proximate result of this egregious and unwarranted Fourth Amendment violation, including but not limited to: Defendants? violation of Plaintiffs? federal civil rights under 42 U.S.C. ?1983 and the Fourth Amendment. 27. Plaintiff found it necessary to engage the services of private counsel to vindicate his rights COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 7 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 8 of 11 under the law. Plaintiff is therefore entitled to an award of attorneys? fees and/or costs pursuant to statute(s) in the event that he is the prevailing party in this action under 42 U.S.C. 1983, 1985-86 and 1988. FIRST CAUSE OF ACTION Violation of Fourth Amendment of the United States Constitution (42 U.S.C. ?1983) (Plaintiff Against DOES 1-25 inclusive) 28. Plaintiff re?alleges and incorporates by reference paragraphs 1 through 27 of this complaint. Defendants? above-described conduct violated Plaintiff?s rights, as provided for under the Fourth Amendment to the United States Constitution, to be free from unreasonable searches and seizures. 29. Plaintiff Pointer was forced to endure emotional injury and degradation of his standing as a United States Citizen, as a result of Defendant unconstitutional conduct; 30. Defendant acted under color of law by seizing Mr. Pointer, at gunpoint, without lawful Justi?cation, detaining him for an unreasonable amount of time, placing him in handcuffs, denying his free movement and unlawfully searching his car thereby depriving him of his right to be free from unreasonable searches and seizures. The rights violated by Defendant DOES include, but not limited to: a. The right to be free from unreasonable searches and seizures, as guaranteed by the Fourth Amendment to the United States Constitution; WHEREFORE, Plaintiff prays for relief as hereinafter set forth. COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 8 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 9 of 11 SECOND CAUSE OF ACTION (Monell 42 U.S.C. section 1983) (Plaintiff Against CITY and DOES 26-50) 31. Plaintiffs hereby re?alleges and incorporates by reference herein paragraphs 1 through 30 of this Complaint. 32. Plaintiff is informed and believes and thereon alleges that high?ranking CITY OF OAKLAND of?cials and DOES 26 through 50, and/or each of them, knew and/or reasonably should have known about Oakland Police Of?cers? repeated acts of unconstitutional Fourth Amendment search and seizure violations along with fabricating the attendant police reports to cover?up their misdeeds. 33.Despite having such notice, Plaintiff is informed and believes and thereon Alleges that CITY OF OAKLAND DOES 26?50, and/or each ofthem, approved, ratified, condoned, encouraged, sought to cover up, and/or tacitly authorized the continuing pattern and practice of misconduct and/or civil rights violations by OAKLAND Police Department employees by failure to discipline and retrain officers who acted unlawfully and outside of department policy, which brought about Defendant DOES 1-25 unlawful search and seizure of Plaintiff. 34.P1aintiff is further informed and believes and thereon alleges that as a result of the deliberate indifference, reckless and/or conscious disregard of the misconduct by Defendant Officers and DOES 1?25 and/or each of them, ratified and encouraged these Officers to continue their course of misconduct. 35.Plaintiff further alleges that Defendant DOES 26-50, and/or each of COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 9 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 10 of 11 them, were on notice of the Constitutional defects in their training of OAKLAND Police Of?cers, including, but not limited to searching and seizing individuals Without lawful justi?cation. 36. The aforementioned acts and/0r omissions and/or deliberate indifference by high ranking CITY OF OAKLAND officials, including high ranking OAKLAND Police Department supervisors, DOES 26-50, and each of them resulted in the deprivation of Plaintiff?s constitutional rights including, but not limited to the right to be free from unreasonable searches and seizures by Officers, as guaranteed by the Fourth Amendment to the United States Constitution. WHEREF ORE, Plaintiff prays for relief as hereinafter set forth. JURY DEMAND 37. Plaintiff hereby demands a jury trial. PRAYER FOR RELIEF WHEREF ORE, Plaintiff prays for relief, as follows: 1. For injunctive relief, up to and including training and/or retraining regarding high-risk vehicle stops; disciplining the Of?cers that engaged in the complained of conduct; enactment of policy requiring disciplinary action for Fourth Amendment search and seizure violations; 2. For general damages in a sum to be determined at trial; 3. For special damages, including but not limited to, past, present and/or future wage loss, income, medical expenses and other special damages in a sum to be determined according to proof; 4. For punitive damages and exemplary damages in amounts to be determined according to proof as to Defendant DOES 1 through 25 and/or each of them; 5. Any and all permissible statutory damages; COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 10 Case 4:19-cv-08428 Document 1 Filed 12/26/19 Page 11 of 11 6. For reasonable attorney?s fees pursuant to 42 U.S.C. ?1988 and U.S.C. ?794a; and 7. For cost of suit herein incurred. Dated: December 26, 2019 THE LAW OFFICES OF JOHN L. BURRIS TOHN L. BURRIS JOHN L. BURRIS MELISSA C. NOLD Attorneys for Plaintiff COMPLAINT FOR VIOLATION OF CIVIL RIGHTS DAMAGES - 1 1 .1344 (WOW) Case Page 1 of 2 The IS 44 civil cover sheet and the information contained hereinneither re lace nor sup Iernent the ?lin and service of pleadings or other papers as re uired by law, except as provrded local rules of_court. form, approved by the JudICIal Con erence ofthe nited States In eptember 1974, IS required for the use ofthe .Ierk of Court for the purpose 0 1n1t1at1n the own docket sheet. (SEE INSTRUCTIONS ON NEXT PA GE OF THIS FORM.) I. PLAINTIFFS DEFENDANTS Adante D. Pointer, an individual City of Oaklamd, et a1. County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN US. FLA IN TIFF CASES) (IN US. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (H'Knmt??) Law Office ofJohn L. Burris; John L. Burris and Melissa C. Nold 7677 Oakport Street, Suite 1 120, Oakland, Ca. 94607 (510)839-5200 II. BASIS OF JURISDICTION (Pierre an in One Box Only) CITIZENSHIP 0F PRINCIPAL PARTIES (Harte rm ?X"in One Bar?irl?lainfiff' (For Diversity Cases Only) and One Boxfor Defendant) 1 US. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U5. Gowrmnent Not a Party) Citizen of This State Incorporated or Principal Place 4 D4 ofBusiness In This Slate 2 US. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship ofPartr'es in Item of Business In Another State Citizen or Subject ofa 3 3 Foreign Nation 6 6 Foreign Countly IV. NATURE OF SUIT (Pierre an in One Box Only) Click here for: Nature of Suit Code Descriptions. I CONTRACT TORTS BANKRUPTCY OTHER STATUTES I 10 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC [58 375 False Claims Act 120 Marine 3 IO Airplane 365 Personal Injury of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC. 157 3729(a)) 140 Negotiable Instrument Liability 367 Health Care" 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel Pharmaceutical PROPERTY RIGHTS 410 Antitrust Enforcement ot?Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers? Product Liability 830 Patth 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation Student Loans 340 Marine Injwy Product 470 Racketeer In?uenced and (Excludes Veterans] 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 I395ffl 480 Consumer Credit of Veteran?s Bene?ts 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923} 490 CableISat TV 160 Stockholders" Suits 355 Motor Vehicle 371 Truth in Lending 720 LaborIManagement 863 DIWCIDIWW 850 Securitiesx?Commoditiesx? 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g}) 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts 362 Personal Injury - Product Liability Leave Act 893 Environmental Matters Medical Malpractice 790 Other Labor Litigation 895 Freedom oflni?ormation I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act 210 Land Condemnation IR 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (US. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure 230 Rent Lease Ejeetment 442 Employment 510 Motions to Vacate 871 IRS?Third Party Act-"Review or Appeal of 240 Torts to Land 443 Housing? Sentence 26 USC 7609 Agency Decision 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of 290 All Other Real Property 445 Amer. 535 Death Penalty IMMIGRATION State Statutes Employment Other: U462 Naturalization Application 446 Amer. 540 Mandamus Other U465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee Conditions of Con?nement V. ORIGIN (Piece an in One Box 0125?) 1 Original n2 Removed from 1?1 3 Remanded from 1?1 4 Reinstated or 1?1 5 Transferred from 1?1 6 Multidistrict 1?1 8 Multidistriet Proceeding State Court Appellate Court Reopened Another District Litigation Litigation (specify) Transfer Direct File Cite the US. Civil Statute under which you are ?ling (Do not cite jurisdictional statutes unless diversity): 42 U.S.C. 1983 Vl. CAUSE OF ACTION Brief description of cause: Fourth Amendment - Unlawful Search and Seizure VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND :8 CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, FR-CWP. JURY DEMAND: IX Yes I: No RELATED IF ANY {See instructions): JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 1272672019 I57 Melissa C. Nold FOR OFFICE USE ONLY RECEIPT ti AMOUNT APPLYING IFP JUDGE MAG. JUDGE .IS 44 Reverse (Rev. 08-16) Case 4:19-cv-08428 Document 1-1 Filed 12/26/19 Page 2 of 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the ?lings 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 ofthe Clerk of Court for the purpose ofinitiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint ?led. The attorney ?ling a case should complete the form as follows: (C) II. IV. VI. VII. Plaintiffs-Defendants. Enter names (last, ?rst, middle initial) of plaintiff and defendant. lfthe plaintiff or defendant is a government agency, use County of Residence. For each civil case ?led, except U.S. plaintiff cases, enter the name of the county where the ?rst listed plaintiff resides at the Attorneys. Enter the ?rm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section ?(see attachment)". Jurisdiction. The basis ofjurisdiction is set forth under Rule which requires thatjurisdictions be shown in pleadings. Place an United States plaintiff. Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and of?cers ofthe United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its of?cers or agencies, place an 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 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 below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an 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. Origin. Place an 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. 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 ?ling Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the ?ling 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. Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is ?led 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. Cause of Action. Report the civil statute directly related to the cause of action and give a briefdescription of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 4? USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an in this box if you are ?ling a class action under Rule 23, 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. Related Cases. This section of the 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.