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HomeMy WebLinkAbout12-7502i COLEEN RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO: - ~' ED SPAHR as an individual and in his ~°Z / ~S6 ~- C~ ~ ~--~ Capacity as an employee of the Cumberland : .L, -~ _~' r~ qr County Prison and JARREAU DODSON ~`'" `-' As an individual and in his capacity as an ~,,~~. ~ ~-_=' Employee of the Cumberland County Prison,: ~ . -.~ Defendants .JURY TRIAL DEMANDED ~ ~; ~, ~ c; ~~ ~ t~~` NOTICE TO DEFEND "':,~ ~ c; --, ~..,~ ~-., r ~ ; ~ ,~_..` You have been sued in court. If you wish to defend against the claims set forth in ~~y9i/:~~' following pages, you must take action within twenty (20) days after this complaint and notice ire served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ' ~i ~'/0 3 ~ s/ ~ 4~3~ COLEEN RUSSELL, Plaintiff vs. ED SPAHR as an individual and in his Capacity as an employee of the Cumberland County Prison, and JARREAU DODSON As an individual and in his capacity as an Employee of the Cumberland County Prison,: Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: - JURY TRIAL DEMANDED c ~~ ~, w z~ ~~ r- ~ c-~ ~ ~, ~_ ~, ~p N c~ rt, c~ _~,, ...,.; ~- '~.i ~ __ ..© r ~~'. ~~ --~ r.:, r`- COMPLAINT AND NOW, comes Plaintiff, Coleen Russell, by and through her attorney Vincent M. Monfredo, Esquire, and avers in support of her complaint as follows: INTRODUCTION 1. This is an action for money damages brought pursuant to 42 U.S.C. §§ 1983 and 1988, and the Fourth, Eighth and Fourteenth Amendments to the United States Constitution, and under the common law of the Commonwealth of Pennsylvania, against the defendants. 2. Jurisdiction is based upon 28 U.S.C. §§1331 and 1343, and on the pendent jurisdiction of this Court to entertain claims arising under state law. 3. It is alleged that the defendants made an unreasonable seizure of the person of Coleen Russell, violating her rights under the Fourth and Fourteenth Amendments to the United States Constitution, and that these defendants assaulted and battered Coleen Russell and/or used excessive force on Coleen Russell in performing their duties and acting under color of state law. 4. It is alleged that the two defendants were employees of the Cumberland County Prison acting under color of state law during the time and date compromising this Complaint. PARTIES 5. Coleen Russell (hereafter "Plaintiff') is an adult individual residing at 839 Opossum Lake Rd. Carlisle, PA 17015. 6: Ed Spahr (hereafter "Defendant Spahr") is an adult individual believed to now be residing at 1307 Waterway St. SW, Palm Bay, FL, 32948. 7. Jarreau Dodson (hereafter "Defendant Dodson") is an adult individual believed to still be employed by the Cumberland County Prison at 1101 Claremont Road, Carlisle, PA 17015. FACTS 8. All previous paragraphs are incorporated herein by reference as though fully set forth. 9. On or about August 12, 2012 at approximately 9:30 p.m. the Plaintiffwas arrested and charged with DUI related offenses. 10. Plaintiff was taken to the Cumberland County Prison for booking and processing after the arrest. 11. Plaintiff was standing and restrained at her ankles 12. Defendant Spahr was preparing to get Plaintiff's fingerprints. 13. Plaintiff was having a conversation with one of the other guards. 14. At some point during the conversation, Defendant Dodson lunged across the room so that he was face to face with Plaintiff and screamed "Shut your fucking mouth and do what you're fucking told." 15. Plaintiff told Defendant Dodson to "Get the fuck out of my face." 16. Defendant Dodson continued screaming in her face and often made contact with Plaintiff' s face using his face. 17. After Defendant Dodson continued to scream, Plaintiff yelled back "Get out of my face" and called him a racial epithet. 18. Defendant Dodson then grabbed Plaintiffby her arms and shoved her backwards into the fingerprint machine or another hard object behind her causing bruising to her back and rear end (Exhibit A). 19. Defendant Spahr then approached and punched Plaintiff in the left side of her face and said "Don't you fucking disrespect my coworkers." 20. Defendant Spahr then began choking Plaintiff and she was unable to breathe. 21. Plaintiff could not speak and only could muster noises. 22. Plaintiff felt a great deal of pain in her arms and back. 23. Defendant Spahr began saying that the Plaintiff was a "fat fucking bitch and no one liked her." 24. Plaintiff's bra had been torn off during this incident and her shirt was being pulled and felt like it might be pulled off. 25. Meanwhile, Defendant Spahr kept calling Plaintiff a "fat fucking bitch." 26. Plaintiff felt a sharp pain in her arms as she was pulled from the floor and put into a chair where she was restrained by her wrists and ankles. 27. Plaintiff was moved into another cell. 28. A video of the events exists. 29. At all times all of the defendants were acting under color of state law. 30. As a direct and proximate result of the said acts of the Defendants, the Plaintiff suffered the following injuries and damages: a. Violation of her constitutional rights under the Fourth and Fourteenth Amendments to the United States Constitution to be free from unreasonable search and seizure of her person; b. Loss of physical liberty; c. Physical pain and suffering and emotional trauma and suffering; and d. A blood blister and bruising to her body (example shown in Exhibit B). 31. The actions of the Defendants violated the clearly established and well settled federal constitutional rights of Plaintiff to be free from unreasonable searches and seizures of her person and to be free from the use of excessive, unreasonable and unjustified force against his person. COUNT 1 42 U.S.C. §1983 EXCESSIVE FORCE USED BY DEFENDANT SPAHR 32. All previous paragraphs are incorporated herein by reference as though fully set forth. 33. At all times Defendant Spahr was acting under color of state law. 34. At all times Defendant Spahr was employed by the Cumberland County Prison within the state of Pennsylvania. 35. Defendant Spahr deprived Plaintiff of her Fourth and Fourteenth federal constitutional rights to be free from unreasonable searches and seizures of her person when he used excessive force on her as described in previous paragraphs. 36. The force used by Defendant Spahr, included but was not limited to, punching Plaintiff in the face, choking her, and the use of other intentional non-consensual touching. 37. The force used by Defendant Spahr was not necessary under the circumstances. 38. Plaintiffwas restrained and posed no threat to Defendant or anyone else. 39. Defendant Spahr was not acting in self-defense. 40. The acts of Defendant Spahr were intentional. 41. As a result of Defendant Spahr's actions the Plaintiff suffered the damages as aforesaid which would not have occurred without Defendant Spahr's acts. 42. Defendant Spahr acted maliciously or wantonly in violating Plaintiff's federally protected rights. 43. The conduct of Defendant Spahr was shocking and outrageous whereby he punched a woman in the face and choked her, among his other actions. 44. Defendant Spahr acted with bad motive. 45. Defendant Spahr should be punished in order to deter himself and others from committing similar wanton and willful acts. 46. Plaintiff should be awarded compensatory and punitive damages. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Spahr. COUNT 2 42 U.S.C. §1983 EXCESSIVE FORCE USED BY DEFENDANT DODSON 47. All previous paragraphs are incorporated herein by reference as though fully set forth. 48. At all times Defendant Dodson was acting under color of state law. 49. At all times Defendant Dodson was employed by the Cumberland County Prison within the state of Pennsylvania. 50. Defendant Dodson deprived Plaintiff of her Fourth and Fourteenth federal constitutional rights to be free from unreasonable searches and seizures of her person when he used excessive force on her as described in previous paragraphs. 51. The force used by Defendant Dodson, included but was not limited to, pushing Plaintiff into a fingerprint machine and or another object, and the use of other intentional non- consensual touching. 52. The force used by Defendant Dodson was not necessary under the circumstances. 53. Plaintiff was restrained and posed no threat to Defendant or anyone else. 54. Defendant Dodson was not acting in self-defense. 55. The acts of Defendant Dodson were intentional. 56. As a result of Defendant Dodson's actions the Plaintiff suffered the damages as aforesaid which would not have occurred without Defendant Dodson's acts. 57. Defendant Dodson acted maliciously or wantonly in violating Plaintiff's federally protected rights. 58. The conduct of Defendant Dodson was shocking and outrageous. 59. Defendant Dodson acted with bad motive. 60. Defendant Dodson should be punished in order to deter himself and others from committing similar wanton and willful acts. 61. Plaintiff should be awarded compensatory and punitive damages. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Dodson. COUNT 3 ASSAULT AND BATTERY BY DEFENDANTS SPAHR AND DODSON 62. All previous paragraphs are incorporated herein by reference as though fully set forth. 63. Defendants did touch Plaintiff without her consent when they were not privileged to do so or when they were acting outside the scope of any privilege they may claim. 64. Defendant's acts were intentional, harmful, and offensive. 65. Defendant's acts were done with the intent to cause harmful or offensive contact with the body of Plaintiff. 66. Aforesaid touching, punching, choking, and pushing caused Plaintiff injuries as already mentioned. 67. As a direct and proximate result of the actions of the defendants, Plaintiff fear of serious bodily harm or even death. 68. Plaintiff suffered physical and emotional injuries as aforesaid as a direct and proximate result of the actions of the defendants. 69. The harm suffered by Plaintiff was foreseeable by Defendants. 70. The actions of the defendants were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against defendants. Date: ~ Z `~{ 1 Z Respectfully Submitted, ROMINGER & ASSOCIATES v Vincent M. Monfredo, Esquire 155 S. Hanover St. Carlisle, Pa 17013 (717)-241-6070 Supreme Court ID - 206671 Attorney for Plaintiff I :. ~ PLAINTIFF'S EXHIBIT VERIFICATION I verify that I am the Petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: ~~ - ~~- )02