This document is a complaint filed in United States District Court alleging violations of civil rights and common law torts against the City of Sequim and its police department. It summarizes that the plaintiff Morgan Weimer was assaulted by Officer Grant Dennis at a local bar after Weimer had asked other patrons to stop bumping into him. Dennis forcibly pushed Weimer outside and struck him three times in the lower back area while Weimer was face down on the ground and restrained by other officers. The complaint alleges the force used by Dennis was unreasonable and unnecessary under the circumstances in violation of Weimer's Fourth Amendment rights, and that the City of Sequim is liable due to its policies, customs and failure to properly train and super
This document is a complaint filed in United States District Court alleging violations of civil rights and common law torts against the City of Sequim and its police department. It summarizes that the plaintiff Morgan Weimer was assaulted by Officer Grant Dennis at a local bar after Weimer had asked other patrons to stop bumping into him. Dennis forcibly pushed Weimer outside and struck him three times in the lower back area while Weimer was face down on the ground and restrained by other officers. The complaint alleges the force used by Dennis was unreasonable and unnecessary under the circumstances in violation of Weimer's Fourth Amendment rights, and that the City of Sequim is liable due to its policies, customs and failure to properly train and super
This document is a complaint filed in United States District Court alleging violations of civil rights and common law torts against the City of Sequim and its police department. It summarizes that the plaintiff Morgan Weimer was assaulted by Officer Grant Dennis at a local bar after Weimer had asked other patrons to stop bumping into him. Dennis forcibly pushed Weimer outside and struck him three times in the lower back area while Weimer was face down on the ground and restrained by other officers. The complaint alleges the force used by Dennis was unreasonable and unnecessary under the circumstances in violation of Weimer's Fourth Amendment rights, and that the City of Sequim is liable due to its policies, customs and failure to properly train and super
This document is a complaint filed in United States District Court alleging violations of civil rights and common law torts against the City of Sequim and its police department. It summarizes that the plaintiff Morgan Weimer was assaulted by Officer Grant Dennis at a local bar after Weimer had asked other patrons to stop bumping into him. Dennis forcibly pushed Weimer outside and struck him three times in the lower back area while Weimer was face down on the ground and restrained by other officers. The complaint alleges the force used by Dennis was unreasonable and unnecessary under the circumstances in violation of Weimer's Fourth Amendment rights, and that the City of Sequim is liable due to its policies, customs and failure to properly train and super
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA
MORGAN F. WEIMER,
Plaintiff,
v.
THE CITY OF SEQUIM, a municipal corporation,
Defendant.
NO.
COMPLAINT FOR DAMAGES
INTRODUCTION 1. This is a civil action seeking damages against the above-named defendant. The civil claims include common law tort causes of action, statutory causes of action, and offenses committed under color of law resulting in a deprivation of rights secured by the Constitution and laws of the United States of America.
JURISDICTION AND VENUE 2. This Court has personal and subject matter jurisdiction over plaintiffs federal civil rights claims under Title 42, United States Code, 1983, and Title 28, United States Code, 1331 and 1343(a)(3). Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 1 of 10
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3. This Court has pendent jurisdiction over plaintiffs state law claims and over defendant as to said claims, pursuant to Title 28, United States Code, 1367 (Judicial Improvements Act of 1990), Public Law No. 101-650, 104 Stat. 5089 (1990). 4(a). The acts and omissions complained of herein occurred in city of Sequim, Washington. 4(b). Defendant city of Sequim is a municipal corporation located within the State of Washington. 5. Plaintiff Morgan Weimer is a resident and citizen of the state of Washington. 6. Venue in this Court is proper pursuant to Title 28, United States Code, 1391.
PARTIES
7. Plaintiff Morgan F. Weimer is a citizen of the United States and a citizen and resident of the state of Washington. 8. Defendant city of Sequim is a municipal corporation organized under the laws of the State of Washington. Defendant city of Sequim is sued directly under Title 42, United States Code, 1983 as to the federal claims, and under the doctrine of respondeat superior as the state law claims herein. 10. Defendant city of Sequim includes, as one of its agencies, the Sequim police department. 11. At all times material to this complaint, Grant Dennis was a police Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 2 of 10
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officer employed by defendant city of Sequim. At all times material to this complaint, Mr. Dennis was an agent and employee of defendant city of Sequim, and was acting within the scope of his employment with the City of Sequim, under color of the laws of the State of Washington. 12. Mr. Dennis is not named as a defendant in this lawsuit at this time.
FACTUAL ALLEGATIONS
13. On or about May 12, 2013, plaintiff Morgan Weimer, a local resident, went to the Oasis Sports Bar and Grill in Sequim [the Oasis] to enjoy dinner and music. Sequim is located in Clallam County. 14. On that date, officer Dennis [Dennis] was on patrol in Sequim. He went to the Oasis. 15. While standing at the bar listening to the live music, Mr. Weimer and a friend were bumped and taunted by other patrons for several minutes. 16. Mr. Weimer told them to knock it off. 17. Mr. Weimer moved his elbow to distance himself from the taunters. 18. Officer Dennis, who was in the bar, grabbed Mr. Weimer with his hands. 19. Dennis pushed Mr. Weimer to the outside entry. 20. Dennis forcibly pushed Mr. Weimer onto a large planter box outside the Oasis. 21(a). Mr. Weimer lay on the planter box on his stomach, face down. 21(b). Mr. Weimer was unarmed. Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 3 of 10
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22. Mr. Weimer was held down by two other Sequim officers. 23. While Mr. Weimer lay on his stomach on the planter, Dennis clenched his hand into a fist and struck a blow to Mr. Weimers lower back in the area of his kidneys. 24. While Mr. Weimer lay on his stomach on the planter, face down in the dirt, Dennis struck a second blow to Mr. Weimers lower back in the area of his kidneys. 25. While Mr. Weimer lay on his stomach, face down, Dennis struck a third blow to Mr. Weimers lower back in the area of his kidneys. 26. The incident was recorded by an onlooker on his cell phone. 27. The video was posted on social media. 28. The incident was also recorded by a surveillance camera. 29. Mr. Weimer was handcuffed by the Sequim officers. 30. The blows struck by Dennis to Mr. Weimers lower back proximately caused bodily injury, pain and suffering. 31. Mr. Weimer incurred medical expenses and lost wages. 32. During the incident, Mr. Weimer did not touch, or try to touch, any of the officers. 33. Mr. Weimer was not told he was under arrest. 34. Mr. Weimer did not resist arrest. 35. Mr. Weimer did not attempt to evade arrest by flight. 36. Mr. Weimer did not pose an immediate threat to officer Dennis. 37. Mr. Weimer did not pose an immediate threat to Dennis while Dennis struck the blows to Mr. Weimers lower back. Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 4 of 10
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38. Mr. Weimer did not pose an immediate threat to the other officers. 39. Dennis gave no warning to Mr. Weimer before he began the battery of blows to Mr. Weimers lower back. 40. The city of Sequims policies were a proximate cause of the beating of Mr. Weimer. 41. At the time of the acts and omissions complained of, Bill Dickinson was the Chief of the Sequim Police Department and, as such, had executive and supervisory responsibility for the acts of officer Dennis. Mr. Dickinson possessed final policy-making and decisional authority regarding issues of law enforcement, discipline and training within the Sequim Police Department. He was responsible for the policies, practices and customs of the Sequim police department, as well as the hiring, screening, training, supervising, disciplining, counseling and control of the police officers under his command, including officer Dennis. 42. Mr. Dickinson is not named as a defendant in this lawsuit at this time. 43. Pursuant to city of Sequim policy, custom and/or usage, Chief Dickinson approved, acquiesced, ratified and condoned the actions of officer Dennis in this matter. 44. The actions of defendant city of Sequim and officer Dennis were done pursuant to and in accordance with city of Sequim policy, custom and/or usage. 45. The beating of Morgan Weimer was unnecessary under the circumstances. Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 5 of 10
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46. The beating of Morgan Weimer was unreasonable under the circumstances. FIRST CAUSE OF ACTION: VIOLATION OF FOURTH AMENDMENT PROHIBITION AGAINST THE USE OF UNREASONABLE FORCE 47. Plaintiff hereby incorporates and re-alleges as if fully set forth herein each and every allegation of paragraphs 1 through 46. 48. The acts and omissions of defendant Sequim and officer Dennis herein were done under color of state law, custom or usage. 49. Morgan Weimer was seized, for purposes of the Fourth Amendment to the United States Constitution, by the acts and omissions of defendant Sequim and officer Dennis as set forth herein. 50. Morgan Weimer had a federally-protected right, under the Fourth Amendment, not to be subjected to the use of unreasonable force against his person. 51. The acts and omissions of defendant Sequim and officer Dennis herein proximately caused the deprivation of Morgan Weimers Fourth Amendment rights. 52. As a proximate result of the acts and omissions of defendant Sequim and officer Dennis and deprivation of his Fourth Amendment rights, Morgan Weimer suffered personal injuries including, but not limited to, bodily injury, pain and suffering, fear, emotional distress, medical costs and other consequential damages. Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 6 of 10
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SECOND CAUSE OF ACTION: MUNICIPAL LIABILITY OF THE CITY OF SEQUIM
53. Plaintiffs hereby incorporate and re-allege as if fully set forth herein each and every allegation of paragraphs 1 through 52. 54. At all times material to this complaint, defendant city of Sequim, by and through its chief of police, Kenneth Dickinson, had in effect certain explicit and de facto policies, practices and customs which were applied to the beating of Morgan Weimer. 55. The use of force policy of defendant city of Sequim provided that officer Dennis could beat Mr. Weimer while Mr. Weimer lay on his stomach on the planter face down in the dirt, as described above. 56. For the purpose of the beating of Mr. Weimer, it was the policy, custom and practice of defendant city of Sequim to utilize excessive force in violation of the Fourth Amendment rights of the plaintiff, as set forth hereinabove. 57. It was further the policy of city of Sequim, by and through its chief of police, Kenneth Dickinson, to approve, acquiesce, condone and ratify the use of unreasonable force in violation of the Fourth Amendment rights of the plaintiff set forth hereinabove. 58. For purposes of liability for said policies, practices and/or customs, chief of police Kenneth Dickinson was the authorized policy maker on police matters, and his decisions, explicit and de facto, were and are binding on defendant city of Sequim. Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 7 of 10
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59. The policy, practice and custom of approving, acquiescing in, condoning and/or ratifying the use of unreasonable force in violation of the Fourth Amendment rights of the plaintiff was a deliberate choice by defendant city of Sequim, by and through its chief of police. 60. Pursuant to the city of Sequims policy approving, acquiescing in, condoning and ratifying the use of unreasonable force in violation of the Fourth Amendment rights of the plaintiff, no disciplinary action was taken by police chief Dickinson against officer Dennis. 61. These policies, practices and customs were maintained with deliberate, reckless and/or callous indifference to the constitutional rights of the plaintiff as set forth hereinabove. 62. The above-described policies, practices and customs of defendant city of Sequim proximately caused the deprivation of the Fourth Amendment rights of the plaintiffs. 63. As a proximate result of the above-described policies, practices and customs of defendant city of Sequim, and as a result of the deprivation of plaintiffs Fourth Amendment rights, plaintiff suffered personal injuries as set forth hereinabove.
THIRD CAUSE OF ACTION: ASSAULT AND BATTERY 64. Plaintiff hereby incorporates and re-alleges, as if fully set forth herein, each and every allegation of paragraphs 1 through 63. Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 8 of 10
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 65. Officer Dennis assaulted and battered Plaintiff Morgan Weimer while he lay on the planter on his stomach, face down in the dirt. 66. Defendant City of Sequim is liable for the actions of officer Dennis under the doctrine of respondeat superior. Officer Dennis is not being sued individually in this cause of action at this time. 67. As a direct, proximate and foreseeable result of the wrongful actions described hereinabove, plaintiff has been damaged in an amount in excess of the minimum jurisdiction of this Court.
JOINT AND SEVERAL LIABILITY
68. Defendant city of Sequim is responsible for the fault of officer Grant Dennis, because officer Dennis was acting as an agent, employee or servant of the city.
PRAYER FOR RELIEF
WHEREFORE, plaintiff prays for relief as follows: 69. Compensatory Damages: The defendant city of Sequim should be required to pay compensatory damages in an amount to be proven at trial. 70. Attorneys' Fees and Costs: The defendant city of Sequim should be required to pay the plaintiffs reasonable attorneys' fees and costs pursuant to Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 9 of 10
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71. Other Relief: The Court should grant the plaintiff such other and further relief as the Court deems just and equitable. DATED this the 8th day of September, 2014.
Respectfully submitted,
MUENSTER & KOENIG
By: S/John R. Muenster JOHN R. MUENSTER Attorney at Law WSBA No. 6237 [email protected]
JOHN D. BLACK, PLLC
By: S/John D. Black JOHN D. BLACK Attorney at Law WSBA No. 32109 [email protected]
Of Attorneys for Plaintiff CERTIFICATE OF SERVICE
The undersigned hereby certifies that on or about the 8th day of September, 2014, I filed a true and correct copy of the foregoing document with the Clerk of the Court, to be served on counsel of record via ECF. S/ John R. Muenster Muenster & Koenig Case 3:14-cv-05713 Document 1 Filed 09/08/14 Page 10 of 10