Case 1:13-cv-00001-SEB-TAB Document 1 Filed 01/02/13 Page 1 of 7 PageID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JAIME MILLER, Plaintiff v. No.: 1:13-cv-1 CITY OF INDIANAPOLIS, INDIANPAOLIS METROPOLITAN POLICE DEPARTMENT AND CHRISTOPHER FAULDS Defendants. COMPLAINT FOR DAMAGES Comes now the Plaintiff, Jaime Miller, by counsel and for her complaint against the Defendants, alleges and says that: I. JURISDICTION 1. This action is brought pursuant to 42 USC ' 1983 to redress the deprivation of rights secured to Plaintiff Jaime Miller under the Fourth Amendment and the Fourteenth Amendment to the Constitution of the United States of America. 2. The jurisdiction of this Court is based on 28 USC ' 1331, and on the pendant jurisdiction of the court to entertain claims arising under State law, as provided by 28 USC ' 1367. 3. Venue of this action lies with the United States District Court, Southern District of Indiana pursuant to 28 USC ' 1391, as the parties, at all relevant times, was residents of the
Case 1:13-cv-00001-SEB-TAB Document 1 Filed 01/02/13 Page 2 of 7 PageID #: 2 Southern District of Indiana, and the events giving rise to the lawsuit occurred in the Southern District of Indiana. II. PARTIES 4. Plaintiff, Jaime Miller is a citizen of the United States and a resident of Hamilton County, Indiana. 5. Defendant, City of Indianapolis and Indianapolis Metropolitan Police Department are political subdivisions of the State of Indiana. 6. Defendant, Christopher Faulds is a citizen of the United States who at all relevant times was employed as a police officer by defendants, City of Indianapolis and Indianapolis Metropolitan Police Department. 7. At all relevant times and in all of his actions here, Christopher Faulds acted under color of state law, authority, regulations, customs or usage. III. FACTUAL ALLEGATIONS 8. On February 4, 2012, Plaintiff Jaime Miller was attending the pre Super Bowl activities along the Georgia Street Super Bowl corridor near its intersection with Pennsylvania Ave. 9. At all relevant times the George Street corridor was overcrowded making it extremely difficult to move about and to enter and exit the area. 10. As Plaintiff, Jaime Miller was attempting to leave the area to return to her vehicle and attempting to cross over a small barricade through a break in the crowd she was physically and forcefully without warning grabbed from behind by Officer Christopher Faulds. 11. Officer Christopher Faulds then proceeded to forcefully shove her into the wall of a building and then forced her to the ground.
Case 1:13-cv-00001-SEB-TAB Document 1 Filed 01/02/13 Page 3 of 7 PageID #: 3 12. Officer Christopher Faulds then proceeded to force Plaintiff Jaime Miller to stand and he handcuffed her and escorted her to a nearby holding or staging area. 13. Plaintiff, Jaime Miller did not violate any law and was not charged with any crime or processed or arrested and was sometime later released from police custody. 14. As a result of the excessive force used by Officer Christopher Faulds, Plaintiff Jaime Miller suffered severe bruising around her right forearm, both wrists and under her biceps she has been diagnosed with radial tunnel syndrome of the right arm as a result of the injuries at the hands of Officer Christopher Faulds. 15. As a result of the excessive force which caused the injuries to Plaintiff, Jaime Miller she has experienced pain suffering and mental anguish, incurred and will in the future incur medical bills for her care and treatment and has lost income. IV. CLAIMS FOR RELIEF UNDER THE UNITED STATES CONSTITUTION 42 USC '198 CLAIM FOR UNLAWFUL, UNNECESSARY USE OF EXCESSIVE FORCE IN VIOLATION OF THE 4 TH AND 14 TH AMENDMENTS 16. The actions of Officer Christopher Faulds as described herein were done while acting under the color of state law, authority regulations, customs, and official policies, and in the furtherance and usage of his employment with Defendant City of Indianapolis and Indianapolis Metropolitan Police Department. 17. The acts and omissions of Defendant, Officer Christopher Faulds constitute an unlawful use of excessive, unreasonable and unnecessary force, all in violation of the 4 th and 14 th Amendments of the Constitution of the United States and 42 USC ' 1983. and damaged. 18. As a result of the actions of the Defendants, Plaintiff, Jaime Miller was injured
Case 1:13-cv-00001-SEB-TAB Document 1 Filed 01/02/13 Page 4 of 7 PageID #: 4 WHEREFORE, Plaintiff Jaime Miller by Counsel respectfully requests that this court assume jurisdiction over this cause, enter judgment in favor of the Plaintiff, award damages that fairly and fully compensate the Plaintiff for her injuries, award punitive damages to deter the Defendants, and all other similarly situated, from like conduct in the future; grant Plaintiff the costs of this action and reasonable attorney fees, prejudgment interest and for all other relief proper in the premises. V. STATE LAW CLAIMS A. BATTERY 19. Plaintiff, Jaime Miller adopts and incorporates herein Paragraphs 1 through 18 as stated above and further alleges that: 20. On February 4, 2012 Defendant Officer Christopher Faulds while acting under the color of State Law intentionally and forcefully placed his hands on the person of Plaintiff, Jaime Miller. 21. At said time and place Defendant, Officer Christopher Faulds acted recklessly, knowingly and in an intentionally rude, insolent or angry manner without Plaintiff Jaime Miller s authorization and caused offensive bodily injury. 22. Said battery of Plaintiff Jaime Miller by Defendant Officer Christopher Faulds deprived Jaime Miller of her rights secured by the laws of the State of Indiana. 23. As a direct and proximate result of Defendant Officer Christopher Faulds actions, Plaintiff Jaime Miller suffered serious personal injuries and damages as set forth herein.
Case 1:13-cv-00001-SEB-TAB Document 1 Filed 01/02/13 Page 5 of 7 PageID #: 5 B. NEGLIGENCE 24. At all times herein mentioned Defendant Officer Christopher Faulds failed to exercise due care for the safety of Plaintiff, Jaime Miller, thereby resulting in personal injury and damages. 25. Said negligence of the Defendant Officer Christopher Faulds deprived Plaintiff Jaime Miller of her rights secured by the laws of the State of Indiana. 26. As a direct and proximate result of Defendant Officer Christopher Faulds negligence, Plaintiff Jaime Miller suffered serious personal injuries and damages as set forth herein. C. NEGLIGENT INADEQUATE SUPERVISION AND RETENTION 27. Defendant s City of Indianapolis and Indianapolis Metropolitan Police Department and its supervising officers are responsible for establishing the policies, procedures and customs and for its officer employees and is responsible for decisions regarding the retention of its employees. 28. Defendant s City of Indianapolis and Indianapolis Metropolitan Police Department acted with disregard of the foreseeable consequences of their actions and inaction s in failing to properly train supervise and discipline Officer Christopher Faulds. 29. Defendant, Officer Christopher Faulds had a history of the use of excessive force prior to February 4, 2012 which was well known to Defendant s City of Indianapolis and Indianapolis Metropolitan Police Department and in the face of such knowledge and history the retention of Officer Christopher Faulds in the police force was negligent and his actions in depriving Plaintiff Jaime Miller of her rights under the laws of the State of Indiana and the Constitution of the United States were imminent and foreseeable.
Case 1:13-cv-00001-SEB-TAB Document 1 Filed 01/02/13 Page 6 of 7 PageID #: 6 30. As a direct and proximate result of the actions and inactions of Defendant s City of Indianapolis and Indianapolis Metropolitan Police Department in the retention of Officer Christopher Faulds Plaintiff Jaime Miller suffered serious personal injuries and damages as set forth herein. D. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 31. The conduct of Defendant, Officer Christopher Faulds in deliberately or recklessly disregarding the risk of causing physical injury, mental anguish and suffering and damages to Plaintiff Jaime Miller amounts to intentional infliction of emotional distress upon Plaintiff Jaime Miller under the laws of the State of Indiana. 32. As a direct and proximate result of the intentional actions of Defendant, Officer Christopher Faulds Plaintiff Jaime Miller has and will in the future suffer emotional distress. E. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 33. The conduct of Defendant, Officer Christopher Faulds in causing Plaintiff Jaime Miller to suffer physical harm mental anguish and suffering and damages to Plaintiff Jaime Miller amounts to negligent infliction of emotional distress upon Plaintiff Jaime Miller under the laws of the State of Indiana. 34. As a direct and proximate result of Defendant, Officer Christopher Faulds conduct, Plaintiff Jaime Miller has and will in the future suffer emotional distress. F. RESPONDEAT SUPERIOR 35. At all relevant times herein, Defendant, Officer Christopher Faulds was employed by Defendant s City of Indianapolis and Indianapolis Metropolitan Police Department as a police officer and was acting within the course and scope of his employment.
Case 1:13-cv-00001-SEB-TAB Document 1 Filed 01/02/13 Page 7 of 7 PageID #: 7 36. At all relevant times herein Defendants City of Indianapolis and Indianapolis Metropolitan Police Department were and are legally responsible for all injuries and damages caused by the actions of Officer Christopher Faulds. WHEREFORE, Plaintiff Jaime Miller by Counsel respectfully requests that this court assume jurisdiction over this cause, enter judgment in favor of the Plaintiff, award damages that fairly and fully compensate the Plaintiff for her injuries, and damages, award punitive damages to deter Defendants and all others similarly situated, from like conduct in the future; grant Plaintiff the costs of this action and reasonable attorney fees, prejudgment interest and for all other relief proper in the premises. Respectfully submitted, HOVDE DASSOW & DEETS LLC _/s/ Frederick R. Hovde Frederick R. Hovde, #10649-49 HOVDE DASSOW & DEETS, LLC Meridian Tower, Suite 500 201 West 103 rd Street Indianapolis, IN 46290 Telephone: 317-818-3100 Fax: 317-818-3111 Email: rhovde@hovdelaw.com Attorney for Plaintiff