THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO DOUG UTECHT c/o Gettesman 8: Associates, LLC Case No. 404 East 12th-Street First Fioor Judge: Cincinnati, Ohio 45202, Piaintiff, v. DURRELL NICHOLS and and John Does, #1-10 Defeadants. Plaintiff, thmugii counse}, for his Campiaint, states as foilews; Parties 3.. Plaintiff is an individual who resides in Hamilton County, Ohio. 2. Defendant,- Durreil Nichols (hereinafter ?Nichois?), is an individual Whe resides in Hamilton County,- Ohie. Nichois weighs approximately 300 1b3.andhas mental heaith issues. 3, Defendant, L, McMillan {hereinafter is an individuai whe resides in Hamilton. County, Chit). McMillan is Nichois? mother and acts as his primaiy caretaker which includes, but is not limited to, ensuring he regularly takes his medications. Facts 4. On lune 6, 2019, Nichols ?was at the Westwood YMCA behaving in an unlawful, combative and disorderly mam: er including, ?without limitation, assaulting and threatening other patrons at the YMCA. 5. YMCA personnel Called the Cincinnati Police fer assistance is dealing with Nichols. 6. At the time of the call; Plaintiff was on duty werking as a police of?cer- and he was dispatched to respond to the YM CA to deal with Nithels. 7. Upon approaching Nichols in accordance with this training, Plaintiff attempted. to deescalate the situation and calm down Nichols. 8. Nichols responded violently to the Plaintiff and his partner and brutally physically assaulted Plaintiff causing serious injuries including, without limitation,lacerations to Plaintiff?s face and broken facial bones. 9. Asa-direct result- of "the attack, Plaintiff eXperienced extreme pain andsuffering and will have-permanent scarring and disfigurement the injuries. 10. As a. direct result 'efthe attaek, Plaintiff incurred economic damages including lost wages, past medical expenses and will incur future medical expenses in an amount that cannot yet be determined. 11. After the Nichols-was subdued and arrested McMillan knowingly made a series a falSe and defamatory statements regarding Plaintiff and his conduct: as a police officer which McMillan intended to cause Plaintiff professional and-reputations} harm-l 12. McMillan failed to meniter Nichels? mental health status and/er ensure that he regularly took his medications despite knewledge that Nichols presented a threat to himself and ethers during episodes. (30th 1 - Assault] Battery against Nichols 13. Plaintiff incorporates the preceding paragraphs by reference. 14. As a direct and proximate result of the attack, Plaintiff suffered the personal injuries described above, experienced extreme pain and suffering suffer permanent scarring and disfigurement, incurred medical expenses, iost wages, and will incur future medical expenses. 15? Nickels is liabie- to Piaintiff for the injuries he sustained. as a result of Nichels? assauit and battery of the Plaintiff, Count 2 - Negiigence against Nichois 1.6. Plaintiff incorporates the preceding paragraphs by reference. 17. Nichols knew or should have known that be presented a risk of harm be others if he failed to feilow the prescriptien medication schedule prescribed by his physicians to prevent him for: m. experiencing episodes? 18.- Despite the k-nowiedge referenced in the preceding paragraph, Nichols negligentiyfaiied te regulariy follow his prescription medicatien regimen. 19? As a direct and proximate resuit of Nichols? negligence referenced in the preceding paragraph, Nieheis experienced a episode and caused serious and permanent injuries to the Plaintiff. 2.0. As a result ofthe personal injuries described above; Plaintiff experienced extreme pain and suffering, will suffer permanent "scarrin and dis?gurement, incurred medical espens'es, lost wages, and will incur future medic-al- expenses. 21. Nichois is iia?ble' to Plaintiff for damages in an'amount to be proven at trial. Count 3 Negligence againstMeMillan 22; Plaintiff incorporates the preceding paragraphs by reference. 23. McMillan had a duty to ensure that Nichols followed the prescription medication regimen prescribed by his treating physicians. 24-. McMillan negligently failed to ensure that Nichols followed the prescription medication regimen prescribed by his treating physicians. 25. As a direct and proximate result of the oegligence referenced in the preceding paragraph, Nichols did not follew the prescription medication regiment prescribed by his treating physicians and experienced a episode as described above. 26. As a direct and proximate result of McMillan?S negligence, Nichols attacked the Haintiff causing the personal injuries described above, extreme pain and suffering, medical expenses, lest wages, and future medical expenses. Ceunte - Defamation against: McMillan 27. Plaintiff incorporates the preceding paragraphs by reference. 28. After Nichols attacked Plaintiff, McMillan made and ,1 or published false and defamatory statements about Plaintiff with the intent to harass Plaintiff-and damage Plaintiff?s professional reputation; 29. McMillan made false statements including, but not limited to, that Plaintiff attacked andfor punched Nichols from behind, did not attempt to talk to Nichols before using force, choked Nichols, used excessive force against Nichols, and filed excessive. charges against Nichols despite clear video evidence proving those Statements to be false with the intent of harassing Plaintiff and negatively effecting Plaintiff?s personnel record 3 0. As a direct result of McMillan?s false and defamatory statements, Plaintiff has been subjected to public scam and ridicule. 31. As a direct result of McMillan?s false and defamatory statements Plaintiff has or will incur legal expenses clear his professional reputation and employment history Count: 5 .. False Light invasion of Privacy against McMillan 32, Plaintiff incorporates. the preceding paragraphs by reference 33. After Nichols attacked Plaietiffg, McMillan publicized the matter in a false light by describing Plaintiff in terms that are highly offensive to a reasonable person including, but not limited. to, describing Plaintiff as a load, rogue, violent, and/or corrupt cop? 34. the time MoMillan'publicized the matter in a false light she did so intentionally or with reckless disregard and the was such a major misrepresentation of Plaintiff?s history, Character, history, activities and/or beliefs that serioue offense should have. been reasonably expected. 35. As a direct result of McMillan?s false light invasion of Plaintiff?s privacy; Plaintiff?s career opportunities have been adversely affected resulting in lost income, Plaintiff has been forced to incur legal expenses to correct and rectify the information publicized by McMillan and Plaintiff has suffered other economic damages?. Genet 5 iolm Does #1-10 36. Plaintiff incorporates the preceding paragraphs by" reference, 3'7. John. Does; #1410 are third parties, unknown to the Plaintiff despite reasonable efforts to determine their identity that may be liable in whole or part. for Plaintiff?s injuries described herein. Plaintiff demands judgment against Defendants, 393313137 and severally, in if an amount to be determined attrial in excess of $25,000, costs action, attor ey?s fees and such'other relief as this court deems just. zmy Gottesmanfl) - i Trial Attorney for Plaint? Gottesman 8a Associatesgli??/ 404 East 123? Street, Firs - Cincinnati, Ohio 45202 Sis/6514121 zg@zgottesmanlaw.com Eury Dem?nd The Plaintiff demand a trial by jury Praecipe to the Clerk Please serve the Defendants by certified US 8 addresses achary Gottesmw Zda??d?ary Gottes 6?,5j Trial Attorney P13intiff?m-i Trial Attorney for PI mtiff .