Gafford Lawsuit
Gafford Lawsuit
Gafford Lawsuit
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MILLER COHEN, P.L.C., with this Complaint and demand for jury trial against
Kyle Wilson, Officer Richard Johnson, Officer Beelen, John Doe Officers from the
Grand Rapids Police Department, and John Doe Officers from the Kentwood Police
INTRODUCTION
3. On the early morning of May 28, 2022, Plaintiff Gafford was driving a
him over.
maintained policies and practices that violated Plaintiff’s protections under the U.S.
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Constitution, to be free from unreasonable arrest and detention, and Plaintiff’s rights
under the Fourteenth Amendment of the U.S. Constitution to due process of law and
unwarranted arrest and detention, Plaintiff has faced increasing worry, humiliation,
police officers, and more. Plaintiff seeks damages to compensate him for his losses
PARTIES
Jefferson, State of Texas. During the date of the incidents giving rise to this
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at all times relevant to this action, worked as an Officer of the Kentwood Police
Department.
who, at all times relevant to this action, worked as an Officer of the Kentwood Police
Department.
who, at all times relevant to this action, worked as an Officer of the Kentwood Police
Department.
at all times relevant to this action, worked as an Officer of the Kentwood Police
Department.
18. Defendants John Doe Officers from the Grand Rapids Police
Department are individuals who, at all times relevant to this action, worked as
19. Defendants John Doe Officers from the Kentwood Police Department
are individuals who, at all times relevant to this action, worked as Officers of the
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20. This Court has original jurisdiction over Plaintiff’s claims arising under
42 U.S.C. § 1983 and the Equal Protection Clause of the U.S. Constitution.
21. Under 28 U.S.C. § 1367, this Court has supplemental jurisdiction over
26. Plaintiff Gafford is a petroleum inspector and has been for the last
27. On or about May 27, 2022, Plaintiff, an African American male, was
28. For his trip that May, Plaintiff rented a black sport utility vehicle (SUV)
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29. After finishing his business on May 27th, Plaintiff went to eat in
Kentwood, Michigan.
30. Early morning on May 28th, Plaintiff left the bar to drive back to his
his hotel.
32. Plaintiff was tailed by one of Defendants’ vehicles for more than five
(5) minutes.
33. One of Defendants’ vehicles was riding very close to Plaintiff’s SUV,
34. During the time one of Defendants’ vehicles was tailing Plaintiff,
35. Plaintiff grew very anxious and concerned about Defendants’ car
following him, worrying that he was being targeted for his race.
36. Plaintiff drove into a nearby convenience store that was open to avoid
37. Plaintiff bought a soda at the convenience store and continued driving
to his hotel.
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40. Defendants following Plaintiff into the hotel lot had their lights and/or
sirens on.
41. Plaintiff parked his car in the hotel parking lot and stayed inside.
42. Plaintiff noticed that his SUV was surrounded by Defendants with their
lights flashing and one Defendant with a spotlight fixed on Plaintiff’s SUV.
43. Plaintiff noticed that Defendants had exited their vehicles, and had their
44. Defendants kept their guns trained on Plaintiff for several minutes.
45. Plaintiff’s anxiety grew into panic and gripping fear for his life.
47. Plaintiff slowly opened the door to his SUV and came out with his
hands up.
48. When exiting his vehicle, Plaintiff noticed even more clearly that
49. Plaintiff’s mind was racing, believing that any sudden movement or
death.
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50. Plaintiff was very worried that any undesired movement could be his
last, and he would be shot and killed by at least one of the several guns trained on
him.
53. Plaintiff was ordered to drop to his knees when he approached one of
Defendants’ vehicles.
54. Plaintiff complied with this order and dropped to his knees.
56. While he was being handcuffed, Plaintiff calmly asked whether he had
58. Plaintiff was placed into the back one of Defendants’ police cars.
59. Plaintiff was at one point transferred to the back another of Defendants’
police cars.
60. Plaintiff was held for nearly one (1) hour by Defendants, all while in
handcuffs.
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62. The criminal activity that Defendants were investigating was not
violent in nature.
evening.
64. Plaintiff never sought to flee and complied with every order directed at
him by Defendants.
65. None of the Defendants believed that Plaintiff had a prior criminal
or others.
67. The rights enjoyed by Plaintiff against the behavior by the Defendants
68. After facing guns being drawn on him, forced to his knees, handcuffed,
and detained for nearly one hour, Plaintiff Gafford was released.
71. Defendants were not engaged in activity within the scope of their
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72. Defendants acted not in good faith, but instead with malice and intent
73. Defendants acted with intent to harm Plaintiff and deny his rights, or
with reckless disregard for the welfare and rights of Plaintiff, at minimum.
74. Defendants had the opportunity and capacity to avoid their wrongful
conduct.
continues to suffer from posttraumatic stress at the mere sight of police officers, and
COUNT I
CIVIL RIGHTS VIOLATIONS UNDER 42 U.S.C. § 1983 –
Fourth Amendment, Fourteenth Amendment
against their persons being subjected to excessive force and from unreasonable
searches and seizures, as well as due process and equal protection under the law.
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80. Plaintiff was followed, pulled over, arrested with the use of deadly force
from multiple police officers, and detained without probable or reasonable cause by
Defendants.
Plaintiff was guilty of the offense for which he was investigated. These actions were
82. Defendants lacked a reasonable basis to believe that Plaintiff posed any
84. Plaintiff never took any action to suggest that he was going to resist
accessible evidence which would have exculpated the Plaintiff prior to his arrest,
86. Defendants sought and achieved the unwarranted threat of deadly force
87. Defendants were acting under color of law and were required to honor
Plaintiff’s car.
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by the actions listed above and circumstances occurring on May 28, 2022.
unreasonable search and seizure, by the actions listed above and circumstances
his race at the time they violated his rights as enumerated above.
95. Plaintiff’s arrest was in violation of his rights under the Fourth
Amendment under the U.S. Constitution, to be free from unreasonable arrest and in
violation of his rights under the Fourteenth Amendment of the U.S. Constitution to
COUNT II
CIVIL RIGHTS VIOLATIONS UNDER 42 U.S.C. § 1983 –
Defendants Grand Rapids and Kentwood
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97. The City of Grand Rapids and City of Kentwood have policies and
practices, and/or customs which resulted in the harms that Plaintiff suffered in the
instant case.
98. Both cities promote policies or practices which foster the treatment
99. The City of Grand Rapids has faced public criticism and exposure of
many of its practices of engaging excessive force against victims, especially those
100. One study reported in April 2017 that African-American drivers were
101. The Michigan Civil Rights Department has been investigating race
Department, concluding that two minor victims were treated unfairly based on
race. In that instance, MDCR found that the Police Department stopped two
eleven (11) year old boys, searching, questioning, and handcuffing them both.
Despite being compliant to with all officer commands, the boys were held at
gunpoint by multiple officers, including one using a high-powered rifle. The boys
were released after being detained for about twenty (20) minutes, which included
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being placed in a squad car. The police officers were initially called to the scene
occurred to Plaintiff in this instance; exposing the pattern and practice that exists
104. The MDCR has launched other investigations against the Grand
Rapids Police Department for similar behavior; which includes arresting and
COUNT III
ASSAULT AND BATTERY
1
https://www.michigan.gov/mdcr/news/releases/2022/12/14/mdcr-charges-grpd
2
https://www.michigan.gov/mdcr/news/releases/2022/07/25/mdcr-files-charges-in-two-discrimination-complaints-
against-the-grand-rapids-police-department
3
https://www.wzzm13.com/article/news/crime/racial-discrimination-complaints-grand-rapids-police-department/69-
fec0784b-d4f6-4906-8c50-4c9072fdfc65
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110. Defendants had actual and readily apparent ability to inflict imminent,
handcuffing him.
suffered damages, including, but not limited to, emotional trauma with physical
mortification, injury to Plaintiff’s feelings and reputation, other mental and physical
suffering and injury, and, he has incurred medical expenses, pain, suffering and loss
of enjoyment of life.
COUNT III
FALSE ARREST
115. On May 28, 2022, Plaintiff was unjustifiably arrested and detained for
reasonably should have known, that Plaintiff was innocent or there was a strong
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117. At the time of Plaintiff’s arrest, Defendants lacked probable cause for
physical manifestations.
119. Plaintiff was arrested and detained against his will and without
justification or reasonable cause, depriving him of his personal liberty and freedom
suffered damages, including, but not limited to, emotional trauma with physical
mortification, injury to Plaintiff’s feelings and reputation, other mental and physical
suffering and injury, and, he has incurred medical expenses, pain, suffering and loss
of enjoyment of life.
COUNT IV
FALSE IMPRISONMENT
123. Plaintiff was confined when he was arrested at gun point, handcuffed
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124. While arrested and detained, Plaintiff was conscious and aware of his
125. Defendants did not have probable cause to restrain, detain, or imprison
suffered damages, including, but not limited to, emotional trauma with physical
mortification, injury to Plaintiff’s feelings and reputation, other mental and physical
suffering and injury, and, he has incurred medical expenses, pain, suffering and loss
of enjoyment of life.
COUNT V
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
distress to Plaintiff.
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suffered damages, including, but not limited to, emotional trauma with physical
mortification, injury to Plaintiff’s feelings and reputation, other mental and physical
suffering and injury, and, he has incurred medical expenses, pain, suffering and loss
of enjoyment of life.
COUNT VI
GROSS NEGLIGENCE
to properly identify a suspect before making an arrest, at gun point, and elongated
136. These duties of care require Defendants to know the elements of the
crime with which a suspect is being, and to make an arrest of a suspect utilizing the
proper crime.
137. These duties of care require Defendants to receive and act upon
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investigation.
139. Defendants’ breach of their duties of care to Plaintiff was the proximate
140. By their actions, Defendants and the other officers are not entitled to
suffered damages, including, but not limited to, emotional trauma with physical
mortification, injury to Plaintiff’s feelings and reputation, other mental and physical
suffering and injury, and, he has incurred medical expenses, pain, suffering and loss
of enjoyment of life.
against Defendants, requesting joint and several liability for all Defendants and
claims, in an amount the trier of fact determines fully and fairly compensates in
damages, interest, costs, and attorney fees, and all other relief available under law.
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Respectfully submitted,
MILLER COHEN, P.L.C.
Plaintiff hereby makes a demand for jury trial for all issues so triable.
Respectfully submitted,
MILLER COHEN, P.L.C.
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