2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 1 of 12 Pg ID 1
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1 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 1 of 12 Pg ID 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LORI WILSON, as Personal Representative of the ESTATE OF JANET WILSON, Deceased Plaintiff, Case No. Hon. v. JAMES WADE, and CITY OF DEARBORN, Defendants. MOSS & COLELLA, P.C. BY: A. VINCE COLELLA (P49747) VICTOR BALTA (P77805) Attorneys for Plaintiff Northwestern Hwy, Suite 1150 Southfield, MI /F: vcolella@mosscolella.com COMPLAINT AND DEMAND FOR JURY TRIAL There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in this Complaint. /s/ A. Vince Colella A. Vince Colella (P49747) NOW COMES Plaintiff, LORI WILSON, as Personal Representative of the ESTATE OF JANET WILSON, Deceased, by and through her attorneys, MOSS & COLELLA, P.C., by A. VINCE COLELLA, and for her Complaint and Demand for Jury Trial, states as follows: 1
2 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 2 of 12 Pg ID 2 PRELIMINARY STATEMENT 1. This case arises out of the fatal shooting of JANET WILSON, a 31-year old African American female ( WILSON ), by a City of Dearborn Police officer, Defendant JAMES WADE ( WADE ) on January 27, WILSON was the victim of unlawful deadly force while unarmed nor in the commission of crime. Plaintiff s duly appointed Personal Representative, LORI WILSON, brings these federal and state law claims on behalf of WILSON s estate to establish recognition that the shooting of WILSON was unjust and contrary to established law, to secure compensation for these wrongful acts, and to help end the violence perpetrated by the City of Dearborn against the people of this state. PARTIES, JURISDICTION AND VENUE 2. Plaintiff, LORI WILSON, is the duly appointed Personal Representative of the ESTATE OF JANET WILSON, DECEASED ( ESTATE ) and resides in the County of Wayne, State of Michigan. 3. Upon information and belief, Defendant, JAMES WADE (hereinafter WADE ), is a resident of the County of Wayne, State of Michigan, and an officer of the City of Dearborn Police Department. At all material times, WADE was acting under color of state law. 4. Defendant, CITY OF DEARBORN, is a municipal corporation organized under the laws of the State of Michigan, charged with operating the City of Dearborn Police Department, within the County of Wayne. At all material times, Defendant CITY OF DEARBORN was acting under color of state law. 2
3 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 3 of 12 Pg ID 3 5. This is a civil rights action for damages brought pursuant to 42 U.S.C 1983, 1985, and 1986, and the Fourth and Fourteenth Amendments to the United States Constitution and related state law claims, against the above-named Defendants for their wrongful acts, committed in Defendant WADE s individual capacity and for Defendant CITY OF DEARBORN s unconstitutional policies and procedures, resulting in the wrongful death of WILSON. 6. Jurisdiction is proper in this matter pursuant to 28 U.S.C 1331, 1343, and The conduct or occurrence giving rise to this cause of action is the shooting and wrongful death of WILSON on January 27, 2016, outside Fairlane Town Center Mall in the City of Dearborn, County of Wayne. 8. Pursuant to 28 U.S.C 1391(b)(2), venue is proper before this Honorable Court, as the substantial portion of the aforementioned events took place within this judicial district. COMMON ALLEGATIONS 9. Plaintiff adopts and incorporates by reference each and every allegation in each preceding paragraph as though fully set forth herein. 10. According to reports of the Michigan State Police ( MSP ), on January 27, 2016, at approximately 4:00 PM, decedent WILSON was operating her Chevy HHR traveling eastbound on Hubbard Drive, west of the Southfield Freeway service drive after leaving the Fairlane Town Center Mall ( Fairlane ) following a verbal altercation within the mall. 3
4 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 4 of 12 Pg ID Upon information and belief, Defendant CITY OF DEARBORN s police department was notified by radio dispatch of a disorderly mental female by a Fairlane Mall Security employee. 12. WILSON was approached by two City of Dearborn police vehicles traveling behind her on Hubbard Drive, with their lights and sirens activated. 13. WILSON brought her vehicle to a stop, allowing officers, including, Defendant WADE, to exit their vehicles and approach from the rear. Upon information and belief, the officers positioned themselves on the driver, passenger, and right front passenger sides of the vehicle with their weapons drawn. 14. Upon information and belief, the aforementioned officers, including Defendant WADE, posed a deadly threat to Wilson s physical safety without cause. Specifically, Defendant WADE was armed with a.40 caliber Glock 22 pistol, with a fifteen-round magazine. 15. Defendant WADE, took a position at the right front passenger side of the vehicle with his gun drawn and pointed in the direction of WILSON while another officer shouted, forcibly attempted to enter the vehicle, and physically remove WILSON in a violent manner absent justifiable cause. 16. Within moments of storming WILSON s vehicle, Defendant WADE discharged his firearm, firing several times, striking WILSON repeatedly, despite the fact that WILSON did not present an immediate threat of harm to him, his fellow officers, or the general public. 4
5 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 5 of 12 Pg ID As a result of the unnecessary and unlawful use of deadly force, WILSON sustained multiple gunshot wounds which lead to her death, which was declared on or about 4:39 PM. 18. An autopsy performed by the Wayne County Medical Examiner on January 28, 2016 confirmed the cause of death as homicide, explaining that WILSON sustained multiple gunshot wounds to the chest and right arm, resulting in her death. This same testing confirmed the absence of any drugs or alcohol in WILSON s system at the time of the subject incident. 19. Subsequent investigation by the MSP, counting the ammunition issued to Defendant WADE against the ammunition contained in his service weapon and backup magazines, confirmed that Defendant WADE had discharged four (4) rounds from his service weapon during this incident. 20. Defendant CITY OF DEARBORN was aware of Defendant WADE s history of excessive force and aggressive and unorthodox tactics, including but not limited to: (1) a reprimand and six month suspension of title as defensive tactics instructor issued on June 2, 2015 for overly aggressive and inappropriate tactics during a previous police intervention also occurring at Fairlane Town Center Mall; (2) a March 26, 2015 reprimand for improper use of force at the City of Dearborn Building; and (3) a April 1, 2012 incident involving overly aggressive vehicular chase tactics. 21. During each of these aforementioned incidents predating the shooting of WILSON, it was apparent that Defendant WADE was likely to use excessive force and/or unreasonably aggressive tactics during police 5
6 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 6 of 12 Pg ID 6 interventions. Specifically, officers reviewing Defendant WADE s prior Fairlane Town Center Mall incident in 2015 found Wade s actions set in motion a chain of events that could have had dire consequences. 22. Defendant CITY OF DEARBORN failed to take appropriate action to correct Defendant WADE s tactics and use of force, despite this aforementioned history of excessive force and inappropriate tactics. COUNT I: DEPRIVATION OF CIVIL RIGHTS IN VIOLATION OF 42 U.S.C 1983 (FOURTH AMENDMENT - EXCESSIVE FORCE) 23. Plaintiff adopts and incorporates by reference each and every allegation in each preceding paragraph as though fully set forth herein. 24. Pursuant to 42 U.S.C and the Fourth Amendment to the United States Constitution, Defendant WADE owed WILSON a duty to act prudently, with reasonable care, and otherwise to avoid unreasonable and excessive force. 25. Reasonable officers in the position of Defendant WADE at the time of this incident i.e. prior to the use of deadly force against WILSON would have known, in light of existing law, that the unlawfulness of this action was apparent under the circumstances, would be a violation of clearly established law, and of WILSON s constitutional rights against unlawful deadly force. 26. As a direct and proximate result of the aforementioned conduct, WILSON suffered terror and fear as Defendant WADE fired his weapon multiple times causing her death. WILSON also suffered physical injury, 6
7 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 7 of 12 Pg ID 7 emotional distress, psychological trauma, conscious pain and suffering, and ultimately death as the result of the aforementioned conduct. 27. As a further direct and proximate result of the aforementioned conduct, WILSON s surviving family members, heirs and assigns, and/or next of kin have suffered permanent damages including, but not limited to: grief, anguish, emotional distress, funeral and burial costs, loss of society and companionship, and other damages. COUNT II: MONELL LIABILTY AGAINST DEFENDANT CITY OF DEARBORN (UNCONSTITUTIONAL POLICY OR PROCEDURE IN VIOLATION OF 42 U.S.C 1983) 28. Plaintiff adopts and incorporates by reference each and every allegation in each preceding paragraph as though fully set forth herein. 29. Defendant CITY OF DEARBORN had an unconstitutional policy, practice, and/or custom of allowing officers to use excessive force against citizens. 30. Specifically, past incidents, including but not limited to the shooting of Kevin Matthews, an unarmed African American male on December 23, 2015, gave Defendant CITY OF DEARBORN actual and/or constructive notice of these unconstitutional uses of excessive force. And yet, CITY OF DEARBORN failed to take precautions and/or corrective measures prior to the shooting of WILSON. 31. Defendant CITY OF DEARBORN s aforementioned polices, practices, and/or customs regarding the use of deadly force against non-dangerous subjects and/or mentally ill subjects was the moving force and proximate cause of Plaintiff WILSON s death. 7
8 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 8 of 12 Pg ID Additionally, Defendant CITY OF DEARBORN had an unconstitutional policy, practice, and/or custom of failing to train officers regarding the proper use of force and/or to adequately investigate and discipline police officers who used excessive force on citizens. 33. Specifically, Defendant WADE s aforementioned prior three reprimands made clear that he was likely to engage in overly aggressive tactics and/or excessive force. 34. Defendant CITY OF DEARBORN s failed to adequately train and supervise Defendant WADE regarding the use of force and that failure was the moving force and proximate cause of Plaintiff WILSON s death. 35. As a direct and proximate result of the aforementioned conduct, WILSON suffered terror and fear as Defendant WADE fired his weapon multiple times causing her death. WILSON also suffered physical injury, emotional distress, psychological trauma, conscious pain and suffering, and ultimately death as the result of the aforementioned conduct. 36. As a further direct and proximate result of the aforementioned conduct, WILSON s surviving family members, heirs and assigns, and/or next of kin have suffered permanent damages including, but not limited to: grief, anguish, emotional distress, funeral and burial costs, loss of society and companionship, and other damages. 8
9 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 9 of 12 Pg ID 9 COUNT III: ASSAULT AND BATTERY (IN VIOLATION OF STATE LAW) 37. Plaintiff adopts and incorporates by reference each and every allegation in each preceding paragraph as though fully set forth herein. 38. The aforementioned actions and conduct of Defendant WADE as incorporated herein, were willful, wanton, intentional and/or reckless. 39. The aforementioned actions and conduct of Defendant WADE as incorporated herein, created a reasonable apprehension of an immediate threat of harm and/or offensive touching to WILSON. 40. The aforementioned actions and conduct by Defendant WADE as incorporated herein, did in fact constitute an offensive and harmful touching of WILSON. 41. Defendant WADE, knew or should have known that his aforementioned actions and/or conduct would cause injury to WILSON and furthermore, his conduct did in fact cause the aforementioned injury to Plaintiff. 42. As a direct and proximate result of the aforementioned conduct, WILSON suffered terror and fear as Defendant WADE fired his weapon multiple times causing her death. WILSON also suffered physical injury, emotional distress, psychological trauma, conscious pain and suffering, and ultimately death as the result of the aforementioned conduct. 43. As a further direct and proximate result of the aforementioned conduct, WILSON s surviving family members, heirs and assigns, and/or next of kin have suffered permanent damages including, but not limited to: grief, 9
10 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 10 of 12 Pg ID 10 anguish, emotional distress, funeral and burial costs, loss of society and companionship, and other damages. COUNT IV: GROSS NEGLIGENCE (IN VIOLATION OF STATE LAW) 44. Plaintiff adopts and incorporates by reference each and every allegation in each preceding paragraph as though fully set forth herein. 45. At all material times, Defendant WADE, as a City of Dearborn police officer, owed a duty to all persons, including WILSON, to avoid wanton, willful, or reckless misconduct; to avoid grossly negligent conduct; and to avoid conduct so reckless as to demonstrate a substantial lack of concern as to whether injury results. 46. Notwithstanding the aforementioned duties, Defendant WADE, was grossly negligent, wanton, and/or willful in breaching the aforementioned duties in one or more of the following ways: a. Discharging his firearm multiple times when he knew or should have known that he was not in imminent or immediate harm and that WILSON did not pose a physical threat to his safety or that of other officers or civilians; and b. Other breaches of duty identified during the course of discovery. 47. As a direct and proximate result of the aforementioned conduct, WILSON suffered terror and fear as Defendant WADE fired his weapon multiple times causing her death. WILSON also suffered physical injury, emotional distress, psychological trauma, conscious pain and suffering, and ultimately death as the result of the aforementioned conduct. 10
11 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 11 of 12 Pg ID As a further direct and proximate result of the aforementioned conduct, WILSON s surviving family members, heirs and assigns, and/or next of kin have suffered permanent damages including, but not limited to: grief, anguish, emotional distress, funeral and burial costs, loss of society and companionship, and other damages. RELIEF AND DAMAGES REQUESTED WHEREFORE, Plaintiff LORI WILSON, as Personal Representative of the ESTATE OF JANET WILSON, Deceased, respectfully requests that this Honorable Court enter judgment in her favor against Defendants JAMES WADE and CITY OF DEARBORN, and award the following damages: A. Compensatory damages in excess of ten million dollars ($10,000,000.00); B. Punitive damages against Defendant JAMES WADE only; C. Costs incurred and attorney s fees pursuant to 42 U.S.C 1988; D. Prejudgment interest; and E. Any other relief this Court deems equitable and just. Respectfully submitted, MOSS & COLELLA, P.C. DATED: August 4, 2016 BY: /s/ A. Vince Colella A. VINCE COLELLA (P49747) Attorney for Plaintiff Northwestern Hwy, Suite 1150 Southfield, MI (248) vcolella@mosscolella.com 11
12 2:16-cv BAF-DRG Doc # 1 Filed 08/04/16 Pg 12 of 12 Pg ID 12 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LORI WILSON, as Personal Representative of the ESTATE OF JANET WILSON, Deceased Plaintiff, Case No. Hon. v. JAMES WADE, and CITY OF DEARBORN, Defendants. MOSS & COLELLA, P.C. BY: A. VINCE COLELLA (P49747) VICTOR BALTA (P77805) Attorneys for Plaintiff Northwestern Hwy, Suite 1150 Southfield, MI /F: vcolella@mosscolella.com DEMAND FOR JURY TRIAL NOW COMES Plaintiff, LORI WILSON, as Personal Representative of the ESTATE OF JANET WILSON, Deceased, by and through her attorneys, MOSS & COLELLA, P.C., by A. VINCE COLELLA, and respectfully requests trial by jury in the above captioned matter. Respectfully submitted, MOSS & COLELLA, P.C. DATED: August 4, 2016 BY: /s/ A. Vince Colella A. VINCE COLELLA (P49747) Attorney for Plaintiff Northwestern Hwy, Suite 1150 Southfield, MI (248) vcolella@mosscolella.com 12
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