(,. t' 1 t l A1 t' \zl0 t 1 l OHN L. BURRIS, Esq., SBN ' ADANTE D. POINTER, Esq., SBN LAW OFFICES OF OHN L. BURRIS Airport Corporte Centre Okport St., Suite OAKLAND, CAI Telephone: () 3-0 Fcsimile: ()3-3 Emil : j ohn.bunis@johnbunislw.com dnte.pointer@j ohnbunislw. com Attomevs for Plintiff UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA THERINE HUTCHINSON, individully s personl representtive of the Estte DARNELL HUTCHINSON; the Estte of ARNELL HUTCHINSON, Plintiffs, ITY OF SAN LEANDRO, municipl ion: OFFICER BRIAN BUSS ndividully nd in his officil cpcity s ice Officer for the CITY OF SAN EANDRO; OFFICER EFF WALTON ividully nd in his officil cpcity s lice Officer for the CITY OF SAN DRO; DOES 1-0, inclusive; ndividully nd in their officil cpcities s LICE OFFICERS for the CITY OF SAN F-r&trme, -'*wffftff#ffi!u' ',s zotz rf \ ADP COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVIL RIGHTS AND WRONGFUL DEATH ( U.S.C $$ ; nd pendnt tort clims) URY TzuAL DEMANDED COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVL RIGHTS AND WRONGFUL DEATH
r' 1., INTRODUCTION l. This cse rises out of the wrongful deth of thirty-two yer old DARNELL HUTCHINSON t the hnds of two SAN LEANDRO Police Offrcers during the night of October,. URISDICTION. This ction rises under Title of the United Sttes Code, Section. urisdiction is conferred upon this Court by Title of the United Sttes Code, Section l33l nd 3. The unlwful cts nd prctices lleged herein occurred in the City of SAN LEANDRO, County of Almed, Cliforni, which is within this judicil district. t I3 t 1 I t t T PARTIES 3. Plintiff herein KATHERINE HUTCHINSON, is, nd t ll times mentioned herein, is competent dult who ppers both individully nd s the personl representtive of DARNELL HUTCHINSON. Plintiff is the surviving prent of decedent, DARNELL HUTCHINSON.. Plintiff, THE ESTATE OF DARNELL HUTCHINSON ppers by nd through its representtive KATHERINE HUTCHINSON, nd my mintin cuses of ction nd recover dmges for the vlue of decedent's life nd decedent's pin nd suffering.. Defendnt CITY OF SAN LEANDRO ("hereinfter Defendnt") is nd t ll times herein mentioned, municipl entity duly orgnized nd existing under the lws of the Stte of Cliforni.. At lt times mentioned herein, BRIAN BUSS, Officer of the SAN LEANDRO POLICE DEPARTMENT ("hereinfter Defendnt"), is sued in his individul nd officil cpcity.. At ll times mentioned herein, EFF WALTON, Officer of the SAN LEANDRO POLICE DEPARTMENT ("hereinfter Defendnt"), is sued in his individul nd officil cpcity.. Plintiffs re ignornt of the true nmes nd/or cpcities of defendnts sued herein s DOES 1 through 0, inclusive, nd therefore sue sid defendnts by such fictitious nmes. Plintiffs will mend this complint to llege their true nmes nd cpcities when scertined. Plintiffs believe nd llege tht ech of the DOE defendnts is leglly responsible nd lible for the incident, injuries nd dmges hereinfter set forth. Ech defendnt proximtely cused injuries nd dmges becuse of their negligence, brech of duty, negligent supervision, mngement or control, violtion of public COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVIL RIGHTS AND WRONGFUL DEATH
t T 1 1 t t I policy, nd flse rrests. Ech defendnt is lible for his/her personl conduct, vicrious or imputed negligence, fult, or brech of duty, whether severlly or jointly, or whether bsed upon gency, employment, ownership, entrustment, custody, cre or control or upon ny other ct or omission. Plintiffs will sk leve to mend this complint subject to further discovery' g. In doing the cts lleged herein, Defendnts, nd ech of them cted within the course nd scope of their employment.. In doing the cts nd/or omissions lleged herein, Defendnts, nd ech of them, cted under color of uthority nd/or under color of lw. I l. Due to the cts nd/or omissions lleged herein, Defendnts, nd ech of them, cted s the gent, servnt, nd employee nd/or in concert with ech of sid other Defendnts herein. 1. For Stte cuses of ction relted to Federl clims, Plintiffs re required to comply with n dministrtive clim requirement under Cliforni lw. Plintiffs hve complied with ll pplicble requirements. FACTS. On or bout October,, t pproximtely :30 p.m., decedent, Drnell Hutchinson, t the time 3yer old Africn-Americn mle, ws sitting nd eting t Ntion's Hmburgers in WshingtonPlzin Sn Lendro, CA. Shortly, fter completing his mel he wlked outside of the resturnt nd ws confronted by CITY OF SAN LEANDRO Police Officers BRIAN BUSS nd EFF WALTON. Both Officers ggressively pproched nd physiclly ccosted Mr. Hutchinson by grbbing him bout his upper body. Mr. Hutchinson sked group of witnesses to "not leve" in the hope tht the Officers would not further ccost nd ssult him if they remined present. Unfortuntely, the witnesses' presence did not cuse the Officers to relent. Insted, the Officers proceeded to plce Mr. Hutchinson's rms behind his bck. Next, one of the Officers tsed Mr. Hutchinson cusing the group to fll to the ground. 1. Once on the ground, dditionl Officers rrived nd joined in the unlwful ssult. The Officers held Mr. Hutchinson down by digging their knees nd feet into his body nd leverging their bodies ginst his nd the pvement. Then, one or more Officers drive stunned Mr. Hutchinson multiple times. Mr. Hutchinson pleded with the Officers to plese "don't kill me!" The Officers COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVIL RIGHTS AND WRONGFUL DEATH
) l l 1 t t I I ignored his ples nd within moments, Mr' revived. He ws lter declred ded. Hutchinson becme non responsive nd ws never 1. plintiffs re informed nd believe nd thereon llege tht the CITY OF SAN LEANDRO nd DOES -},inclusive, breched their duty of cre to the public in tht they hve filed to discipline defendnts BRIAN BUSS, EFF WALTON nd DOES l- inclusive, for their respective misconduct nd involvement in the incident described herein. Their filure to discipline defendnts BRIAN BUSS, EFF WALTON nd DOES 1- inclusive, demonstrtes the existence of n entrenched culture, policy prctice of promoting, tolerting nd/or rtifying with deliberte indifference the mking of improper detentions nd rrests, the use ofexcessive nd/or dedly force nd the fbriction ofofficil reports to cover up defendnts, BRIAN BUSS, EFF walton nd D0ES l-'s inclusive, misconduct' 1. plintiffs re informed nd believe nd thereon llege tht members of the CITY of SAN LEANDRO Police Deprtment, including, but not limited to, defendnts BRIAN BUSS, EFF WALTON, nd/or DOES l- ndlor ech of them, hve individully nd/or while cting in concert with one nother, engged in repeted pttem nd prctice of mking improper detentions nd/or flse rrests nd using excessive, rbitrry nd/or unresonble force ginst individuls, including, but not limited to decedent, DARNELL HUTCHINSON. 1. plintiff is further informed nd believes nd thereon lleges tht s mtter of officil policy -- rooted in n entrenched posture of deliberte indifference to the constitutionl rights of primrily minority citizens defendnt city of SAN LEANDRO POLICE DEPARTMENT hs long llowed citizens' such s the decedent, to be bused by its police offtcers, including by defendnts BRIAN BUSS, EFF WALTON nd/or DOES l- ndlor ech of them, individully nd/or while cting in concert with one nother.. As result of the pre-existing customs, policies, ptterns nd/or prctices of such buses by members of defendnt CITY OF SAN LEANDRO Police Deprtment, decedent nd Plintiffs were subjected to the violtion of their constitutionl rights s lleged herein' COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVI RIGHTS AND WRONGFUL DEATH
t t3 1 1 1 t t T DAMAGES 1. As consequence of Defendnts violtion of Plintiffs federl civil rights under U.S.C. $1 nd the Fourteenth Amendment, Plintiff KATHERINE HUTCHINSON ws mentlly, nd emotionl injured nd dmged s proximte result of decedent's wrongful deth, including but not limited to Plintiffs loss of fmilil reltions, decedent's society, comfort, protection, compnionship, ffection, solce, nd morl support.. Plintiff, ESTATE OF DARNELL HUTCHINSON, by nd through, KA HUTCHINSON, the personl representtive of DARNELL HUTCHINSON's estte, is entitled to wrongful deth dmges pursunt to C.C.P. $$ 3.0 nd 3.1 nd Probte Code $0(b) Additionlly, Plintiff is entitled to the resonble vlue of funerl nd buril expenses pursunt to C.C.P $$ 3.0 nd3.r. 1. Plintiff. ESTATE OF DARNELL HUTCHINSON is entitled to recover dmges by nd KATHERINE HUTCHINSON, the personl representtive of decedent's estte pursunt to his right survivorship for the pin nd suffering he endured s result of the violtion of his civil rights.. Plintiff found it necessry to engge the services of privte counsel to vindicte the rights decedent nd Plintiffs rishts under the lw. Plintiff is therefore entitled to n wrd of ttorneys' nd/or costs pursunt to sttute(s) in the event tht she is the previling prty in this ction under U.S.C. $$$$, 1- nd 1. FIRST CAUSE OF ACTION (Violtion of Fourth Amendment of the United Sttes Constitution ( U.S.C. S1e3) (THE ESTATE OF DARNELL HUTCHINSON v BUSS, WALTON & DOES 1-). Plintiff re-lleges nd incorportes by reference prgrphs 1 through of this complint. Defendnts' bove-described conduct violted decedent's right s provided for under the Fou Amendment to the United Sttes Constitution to be free from excessive nd/or rbitrry nd/ unresonble use of dedly force ginst him. COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVL RIGHTS AND WRONGFUL DEATH
., T t3 t 1 1 t I l WHEREFORE, Plintiffprys for relief s hereinfter set forth. SECOND CAUSE OF ACTION (Delibertlndifference to Decedent's Medicl Needs) (THE ESTATE OF DARNELL HUTCHINSON v BUSS, WALTON & DOES 1-). Plintiff hereby re-lleges nd incorportes by reference prgrphs 1 through of Complint.. Decedent ws entitled to receive necessry medicl ttention while in the cre nd custody of SAN LEANDRO police Deprtment. In doing the cts complined of, defendnts, nd ech of them cted under color of stte lw to deprive the decedent of urgently needed medicl cre in violtion of hi rights, under the Due Process Cluse of the Fourteenth Amendment.. As proximte result of defendnts' conduct, Plintiff sufferedinjuries nd dmges s set herein. WHEREFORE, Plintiff prys for relief s hereinfter set forth. THIRD CAUSE OF ACTION (Wrongful Deth) ( U.s.C. S1e3) (THE ESTATE OF DARNELL HUTCHINSON v BUSS, WALTON & DOES 1-). plintiff hereby re-lleges nd incorportes by reference prgrphs I through of thi Complint. g. Defendnts cted under color of lw by shooting nd killing decedent without lwful justificti nd subjecting decedent to excessive force thereby depriving Plintiff nd the decedent of certt constitutionlly protected rights, including, but not limited to:. The right to be free from unresonble serches nd seizures, s gurnteed by the Fourth Fourteenth Amendments to the United Sttes constitution; b. The right not to be deprived of life or liberty without due process of lw, s gurnteed by Fourteenth Amendments to the united Sttes constitution; COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVIL RIGHTS AND WRONGFUL DEATH
., t l 1 1 T l l c. The right to be free from the use of excessive force by police officers, which is gurnteed the Fourth nd Fourteenth Amendments to the United Sttes Constitution; nd/or, WHEREFORE, Plintiff prys for relief s hereinfter set forth. Complint s though fully set forth; FOURTH CAUSE OF ACTION (violtions of Plintiffs' civil Rights to Fmilil Reltionship) ( U.S.c. $ 1e3) KATHERINE HUTCHNSON v BUSS, WALTON & DOES l-). Plintiff hereby re-lleges ndincorportes by reference herein prgrphs I through of thi 30. Defendnts, cting under color of stte lw, nd without due process of lw, deprived Plintiff her right to fmilil reltionship by seizing decedent by use of unresonble, unjustified nd ded force nd violence, cusing injuries which resulted in decedent's deth, ll without provoction ttempted to concel their excessive use of force nd hide the true cuse of decedent's demise to plintiff of her right to seek redress, ll in violtion of rights, privileges, nd immunities secured by First, Fourth, nd Fourteenth Amendments to the United Sttes Constitution. WHEREFORE, Plintiff prys for relief s hereinfter set forth. FIFTH CAUSE OF ACTION (Survivl ction: Violtion of decedent's civil rights) ( U.S.C. S1e3) (THEESTATEOFDARNELLHUTCHINSONVBUSS,WALTON& DOES l-) 31. Plintiff hereby re-lleges nd incorportes by reference herein prgrphs 1 Complint. through 30 of thi 3. DARNELL HUTCHINSON ws forced to endure gret conscious pin nd suffering becuse the Defendntso conduct before his deth; 33. DARNELL HUTCHINSON did not file legl ction before his deth; 3. plintiff KATHERINE HUTCHINSON, s personl representtive of the ESTATE DARNELL HUTCHINSON clims dmges for the conscious pin nd suffering incurred by DARNEL HUTCHINSON, s provided for under U'S.C. $. COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVI RIGHTS AND WRONGFUL DEATH
I t t3 t 1 I t t T WHEREFORE, Plintiffprys for relief s hereinfter set forth. SIXTH CAUSE OF ACTION (Monell) ( U.S.C. $1e3) (THE ESTATE OF DARNELL HUTCHINSON AgAiNSt CITY OF SAN LEANDRO, CHIEF SPAGNOLI nd DOES -0) 3. plintiff hereby re-lleges nd incorportes by reference herein prgrphs 1 through 3l of Complint. 3. As ginst Defendnts CITY OF SAN LEANDRO, nd/or DOES -0 nd/or ech of individully nd/or in their cpcities s officil policy-mker(s) for BART, the Plintiff fuither l tht the cts nd/or omissions lleged in the Complint herein re indictive nd representtive of repeted course of conduct by members of Defendnt CITY OF SAN LEANDRO Police tntmount to custom, policy or repeted prctice of condoning nd tcitly encourging the buse police uthority, nd disregrd for the constitutionl rights of citizens, such s Plintiff. 3. plintiff is informed nd believes nd thereon lleges tht the cts nd/or omissions lleged herei re the proximte result of custom, policy, pttern or prctice of deliberte indifference by city of san LEANDRO, nd DOES -0 nd/or ech of them, to the repeted violtions of constitutionl rights of citizens by CITY of SAN LEANDRO police officers, which hve included, re not limited to, repeted cts of: mking flse reports, providing flse nd/or misleding informtion i cusing detentions, rrests, imprisonments nd/or mlicious prosecutions bsed on fbricted nd/ misleding sttements nd/or engging in similr cts of misconduct on repeted bsis nd filure institute nd enforce consistent disciplinry policy. 3g. plintiff is further informed nd believes nd thereon lleges tht the cts nd/or omiss lleged herein re the proximte result of custom, policy, pttern or prctice of deliberte indiffe by Defendnts city of san LEANDRO, DOES -0 nd/or ech of them, to the repeted vi of the constitutionl rights of citizens by CITY of SAN LEANDRO police officers, which included, but re not limited to, using excessive nd/or dedly force on repeted bsis. COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVIL RIGHTS AND WRONGFUL DEATH
t I3 I 1 I t t T 3. plintiff is further informed nd believes nd thereon lleges tht the dmges sustined s l herein were the proximte result of customs, policies nd/or prctices which included, but were limited to, the filure to dequtely or ppropritely hold officers ccountble for their misconduct, filure to properly nd firly investigte complints bout officers' misconduct, the filure to enct o dopt policies to ensure dequte nd/or pproprite oversight ofofficers to prevent continuing vi of the rights of citizens. 0. plintiff is further informed nd believes nd thereon lleges tht the dmges sustined s ll herein were the proximte result of customs, policies nd/or prctices which included, but were limited to, the filure to dequtely or ppropritely trin officers using relity bsed trining workshops nd/or simultions. 1. plintiff is fuither informed nd believes nd thereon lleges tht the dmge sustined s l herein were the proximte result of customs, policies nd/or prctices which included, but wer limited to, the filure to dequtely or ppropritely trin officers in mking detentions, rrests nd,/' using force ginst mentlly impired nd/or emotionlly disturbed persons.. The forementionedeliberte indifference, customs, policies or prctices of Defendnts OF SAN LEANDRO, nd DOES -0, nd/or ech of them, resulted in the deprivtion of t constitutionl rights of the Decedent nd Plintiff, including, but not limited to, the following:. the right not to be deprived of life, liberty or property without Due Process of Lw; b. the right to be free from unresonble serches nd/or seizures; nd/or, c. the right to equl protection of the lw. d. the right to fmilil reltionships e. the right to enjoy civil nd sttutory rights 3. Sid rights re substntive gurntees under the Fourth nd/or Fourteenth Amendments to United Sttes Constitution.. As result of the violtion of their constitutionl rights by Defendnts CITY OF LEANDRO, ndlor DOES -0 nd/or ech of them, Plintiff sustined the injuries nd/or dmges COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVL RIGHTS AND WRONGFUL DEATH
t l 1 l l I l lleged heretofore in this Complint. WHEREFORE, Plintiff prys for relief s hereinfter set forth. SEVENTH CAUSE OF ACTION (Wrongful Deth - Negligence) (C.C.P. $3.0 nd 3.r) (KATHERINE HUTCHINSON v. v BUSS, WALTON & DOES 1-). Plintiff re-lleges nd incorportes by reference herein prgrphs I through 3 of Complint, except for ny nd ll llegtions of intentionl, mlicious, extreme, outrgeous, wnton, oppressive conduct by defendnts, nd ny nd ll llegtions requesting punitive dmges.. Defendnts nd DOES l- inclusive, by nd through their respective gents nd employees proximtely cused the deth of decedent DARNELL HUTCHINSON, on October, 1I s result their negligent conduct nd/or negligent filure to ct s set-forth herein.. As n ctul nd proximte result of sid defendnts' negligence, nd the deth of Plintiff KATHERINE HUTCHINSON hs sustined pecuniry loss resulting from the loss of com society, nd services of her son, decedent, in n mount ccording to proof t tril.. As further ctul nd proximte result of sid defendnts' negligence, Plintiff incurred nd buril expenses, in n mount ccording to proof t tril.. Pursunto Cliforni C.C.P. Sections 3.0 nd3.i, Plintiff hs brought this ction, clims dmges from sid defendnts for the wrongful deth of decedent, nd the resulting injuries. WHEREFORE, Plintiffprys for relief s hereinfter set forth. EIGHTH CAUSE OF ACTION (Violtion of Decedent's Right To Enjoy Civil Rights) (Violtion of CALIFORNIA CIVL CODE.1) (THE ESTATE OF DARNELL HUTCHINSON v BUSS, WALTON & DOES 1-) 0. Plintiffre-lleges nd incorportes by reference prgrphs 1 through 3 of this complint. 1. Defendnts' bove-described conduct constituted interference, nd ttempted interference, threts, intimidtion nd coercion, with decedent's pecebl exercise nd enjoyment of rights secured COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVIL RIGHTS AND WRONGFUL DEATH I(
. 1 l T 1 t t l l the Constitution nd lws of the United Sttes nd the Stte of Cliforni, in violtion of Cliforni Civ Code $.1. WHEREFORE, Plintiff prys for relief s hereinfter set forth. NINTH CAUSE OF ACTION (Violtion of Decedent's Stte Sttutory Rights) (Violtion of CALIFORNIA CM CODE 1.) (THE ESTATE OF DARNELL HUTCHINSON v BUSS, WALTON & DOES 1-). Plintiff re-lleges nd incorportes by reference herein prgrphs 1 through l of thi complint. 3. Plintiff is informed nd believes nd thereon lleges tht the conduct of Defendnts BRIA BUSS, EFF WALTON nd DOES 1 through, inclusive, s described herein, ws motivted prejudice ginst DARNELL HUTCHINSON. Decedent is nd ws redily recognizble s Afri Americn. In engging in such conduct, Defendnts violted decedent's rights under Cliforni Civi Code $ 1. to be free from violence, or intimidtion by thret of violence committed ginst him of his rce.. Under the provisions of Cliforni Civil Code $(b), Defendnts re lible for punitive for ech violtion of Civil Code $1., resonble ttorney's fees nd n dditionl $,000.00.. As proximte result of Defendnts' wrongful conduct, decedent suffered dmges s herei set forth. WHEREFORE, Plintiffprys for relief s hereinfter set forth. TENTH CAUSE OF ACTION (Intentionl Infliction of Emotionl Distress) (THE ESTATE OF DARNELL HUTCHINSON v BUSS, WALTON & DOES l-). Plintiffre-lleges nd incorportes by reference prgrphs 1 through of this complint.. Defendnts' bove-described conduct ws extreme, unresonble nd outrgeous.. In engging in the bove-described conduct, defendnts intentionlly ignored or disregrded the foreseeble risk tht decedent would suffer extreme emotionl distress s result defendnts' conduct. recklessl COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVI RIGHTS AND WRONGFUL DEATH
.. : I.t t l 1 t t t l WHEREFORE, Plintiff prys for relief s hereinfter set forth. ELEVENTH CAUSE OF ACTION (Assult And Bttery) (THE ESTATE OF DARNELL HUTCHINSON v BUSS, WALTON & DOES 1-). Plintiff re-lleges nd incorportes by reference prgrphs I through of this complint. 0. Defendnts' bove-described conduct constituted ssult nd bttery. WHEREFORE, Plintiff prys for relief s hereinfter set forth URY DEMA}ID Plintiffs hereby demnd jury tril on ll issues so trible. PRAYER WHEREFORE, plintiff prys for relief, s follows: l. For generl dmges in sum to be determined t tril;. For specil dmges, including but not limited to, pst, present nd/or future wge loss, income nd support, medicl expenses nd other specil dmges in sum to be determined ccording to proof; 3. For funerl nd buril expenses ccording to proof;. For punitive dmges nd exemplry dmges in mounts to be determined ccording to proof s to defendnts Officer BRIAN BUSS nd Officer EFFREY WALTON ndlor DOES 1 throueh nd/or ech of them;. For resonble ttorney's fees pursuntto U.S.C. $1;. For cost of suit herein incurred. Dted: ulv.1 BURRIS for Plintiffs COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVI RIGHTS AND WRONGFUL DEATH 1