Civil Rights Claims (part 2)
Table of Contents
This table of contents is not part of the claim as filed.
Claims for Relief
ONE: VIOLATION OF FIRST AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION 42 U.S.C. §1983 (freedom of speech, assembly, and association)
TWO: VIOLATION OF FOURTH AND FOURTEENTH AMENDMENTS TO THE
UNITED STATES CONSTITUTION 42 U.S.C. §1983 (unreasonable searches and seizures)
THREE: VIOLATION OF FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION 42 U.S.C. §1983 (equal protection and due process)
FOUR: DENIAL OF CALIFORNIA CONSTITUTIONAL RIGHTS (including speech, assembly, petition, equal protection and due process)
FIVE: ASSAULT AND BATTERY
SIX: FALSE ARREST AND FALSE IMPRISONMENT
SEVEN: CAL. CIVIL CODE SECTION 51.7
EIGHT: CAL. CIVIL CODE SECTION 52.1
NINE: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
TEN: NEGLIGENCE (allowing such conduct by police officers)
PRAYER FOR RELIEF
CLAIMS FOR RELIEF
ONE: VIOLATION OF FIRST AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION 42 U.S.C. §1983 (contents)
28. Defendants' above-described conduct, and particularly
the acts and omissions of the conspirators, and of the command,
supervisory and rank-and-file defendants in ordaining, directing and
carrying out the mass arrests and custodial maltreatment of the
plaintiffs, violated plaintiffs' rights to freedom of speech, assembly
and association under the First and Fourteenth Amendments to the United States Constitution.
TWO: VIOLATION OF FOURTH AND FOURTEENTH AMENDMENTS TO THE
UNITED STATES CONSTITUTION 42 U.S.C. §1983 (contents)
29. Defendants' above-described conduct, and particularly
the acts and omissions of those defendants involved in the groundless
mass arrests and custodial maltreatment of the plaintiff class, and those
involved in individual acts of brutality against members of the sub-
class, violated plaintiffs' rights to be free from unreasonable searches
and seizures under the Fourth and Fourteenth Amendments to the United
States Constitution.
THREE: VIOLATION OF FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION 42 U.S.C. §1983 (contents)
30. Defendants' above-described conduct, and particularly the
custodial maltreatment of plaintiffs, including but not limited to the
conduct described, violated plaintiffs' rights to equal
protection of the laws and to due process of law under the Fourteenth
Amendment to the United States Constitution.
FOUR: DENIAL OF CALIFORNIA CONSTITUTIONAL RIGHTS (contents)
31. The aforedescribed actions of defendants denied plaintiffs
their rights of privacy and to freely speak, write and publish their
sentiments, to instruct their representatives, petition government for
redress of grievances, to assemble freely, to due process of law and
equal protection of the laws, and to be free from unreasonable searches
and seizures as provided by the California Constitution, article I
sections 1, 2, 3, 7 and 13. As a direct and proximate result of said
denials of plaintiffs's state constitutional rights, plaintiffs suffered
general and special damages in an amount to be proven at trial.
FIVE: ASSAULT AND BATTERY (contents)
32. The above described conduct of defendants, and particular
those named herein as Does Nos. 51-100 (See par. 17),
constituted assault and battery on plaintiffs. Defendants caused physical contact
to be inflicted on plaintiffs without plaintiffs' consent. As a direct
and proximate result of said assault and battery, plaintiffs suffered
general and special damages in an amount to be proven at trial.
SIX: FALSE ARREST AND FALSE IMPRISONMENT (contents)
33. Defendants' above-described conduct constitutes false arrest
and false imprisonment of plaintiffs. As a direct and proximate result of
said false arrest and false imprisonment, plaintiffs suffered general and
special damages in an amount to be proven at trial.
SEVEN: CAL. CIVIL CODE SECTION 51.7 (contents)
34. Defendants' aforedescribed conduct, and all of it, denied
plaintiffs their rights to be free from violence and intimidation by
threat of violence because of their political affiliation or viewpoint in
violation of Cal. Civil Code section 51.7.
EIGHT: CAL. CIVIL CODE SECTION 52.1 (contents)
35. Defendants' above-described conduct, and all of it,
constitutes interference by threats, intimidation and coercion of rights
secured by the Constitution and laws of the United States and by the
Constitution and laws of the State of California in violation of Civil
Code section 52.1.
NINE: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (contents)
36. Defendants' above-described conduct was extreme,
unreasonable and outrageous. By engaging in such conduct, defendants
intentionally ignored or recklessly disregarded the foreseeable risk that
plaintiffs would suffer extreme emotional distress as a result of
defendants' conduct. As a proximate result of said conduct, plaintiffs
suffered severe emotional distress, pain and suffering, fear, anxiety,
embarrassment, discomfort and humiliation, all to their general damage in
an amount to be proven, and incurred special damages in an amount to be
proven.
TEN:NEGLIGENCE (contents)
37. Defendants had a duty to properly hire, train, oversee,
supervise and discipline police officers and sheriff department employees
so as to prevent violations of plaintiffs' constitutional, statutory, and
common law rights and to prevent physical injury to plaintiffs, and a
duty to use police equipment properly to avoid harm to plaintiffs.
By the conduct described above, defendants breached the duty of care owed
to plaintiffs and proximately caused them general and special damages in
an amount to be proven.
PRAYER FOR RELIEF
Wherefore, plaintiffs pray for relief as follows:
A. An award of compensatory and general damages against
defendants and each of them, in an amount to be determined according to
proof;
B. An award of exemplary and punitive damages against all
defendants sued in their individual capacities in an amount to be proven
at trial;
C. An award of statutory damages and penalties pursuant to
Cal. Civil Code §52(b);
D. An award of plaintiffs' costs, expenses and reasonable
attorney's fees pursuant to 42 U.S.C. §1988, Cal. Civil Code §§52(b) and
52.1(h), and Cal. Code of Civil Procedure §1021.5;
E. A preliminary and permanent injunction prohibiting
defendants from again making any baseless declaration of Unlawful
Assembly as a pretext for dispersing and suppressing legitimate First
Amendment activities by plaintiffs and their associates; and from using
plastic handcuff in an improper or unsafe manner when arresting plaintiff
protesters as a means of injury, intimidation and summary punishment; and also ordering defendants to seal and destroy all documents and records relating or referring to plaintiffs' arrests and any other reference to plaintiffs in police files based on their arrests on November 15, 1996;
F. Trial By Jury; and such other and further relief as the Court
may deem just and proper.
Respectfully submitted,
Dennis Cunningham
Attorney for the
plaintiffs
and the Class.
DATED: November 14, 1997.
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