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HomeMy WebLinkAbout13-5757 Supreme COu t�O' :`Pennsylvania For Prothonotary Use Onl y: t , ^j�f�Comrno �! ��leas Cour C vil .0 V:er Sh et Ti s � --.•�t u � Docket No: r CUNIB�L `Nb County`s The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of p leadings or other pape as required by law or rules of court. Commencement of Action: S El Complaint ® Writ of Summons © Petition ® Transfer from Another Jurisdiction ® Declaration of Taking `E C Lead Plaintiffs Name: Lead Defendant's Name: LARRY HUNTE DOUGLAS W. HOWELL T Are money damages requested? i Yes No Dollar Amount Requested: Owithin arbitration limits f I (check one) outside arbitration limits � N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? ® Yes xl No A Name of Plaintiff /Appellant's Attorney: VINCENT M. MONFREDO, ESQUIRE ® Check here if you have no attorney (area Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your + PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not inctude.Judgments) CIVIL APPEALS ' rx] Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 13 Debt Collection: Credit Card ® Board of Assessment Motor Vehicle n Debt Collection: Other ® Board of Elections ® Nuisance ® Dept. of Transportation © Premises Liability Statutory Appeal: Other S ® Product Liability (does not include mass tort) 0 Employment Dispute: I E [3 SIander/Libel/ Defamation Discrimination C Other: 0 Employment Dispute: Other Zoning Board T Other: 1 I Other: o MASS TORT ® Asbestos N E3 Tobacco © Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS E3 Toxic Waste ' [3 Other: ®Ejectment 0 Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation [] Declaratory Judgment Ground Rent n Mandamus Landlord /Tenant Dispute M Non - Domestic Relations I ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY M Mortgage Foreclosure: Commercial Quo Warranto 0 Dental ® Partition Replevin ® Legal ® Quiet Title Other: ® Medical Other: Other Professional: i Updated 1/1/2011 LARRY HUNTE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION —LAW DOUGLAS W. HOWELL individually rD "s ' and in his capacity as a police officer NO. r - 7S 7 for the Pennsylvania State Police, and CHRISTOPHER DARHOWER individually: and in his capacity as a Police Officer for the: p Y � CD Carlisle Police Department, Defendants JURY TRIAL DEMANDED.Y t �� NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the . following pages, you must take action within twenty (20) days after this complaint and notice are 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 may be 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 MAY BE 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 e # I� LARRY HUNTE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION —LAW DOUGLAS W. HOWELL individually and in his capacity as a police officer NO. for the Pennsylvania State Police, and CHRISTOPHER DARHOWER individually: and in his capacity as a Police Officer for the: Carlisle Police Department, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Larry Hunte, by and through his attorney Vincent M. Monfredo, Esquire, and avers in support of his 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 Larry Hunte violating his rights under the Fourth and Fourteenth Amendments to the United States Constitution whereby excessive force was used, and that the defendant was acting under color of state law. PARTIES 4. Larry Hunte (hereafter "Plaintiff') is an adult individual residing at 1012 Rockledge Dr. Carlisle, PA 17015. 5. Cpl. Douglas W. Howell (hereafter "Defendant Howell ") is an adult individual believed to be employed as a State Police Officer of the Pennsylvania State Police located at 1538 Commerce Ave., Carlisle, PA 17015. 6. Officer Christopher Darhower (hereafter "Defendant Darhower") is an adult individual believed to be employed as a Carlisle Police Officer located at 240 Lincoln St. Carlisle, PA 17013. FACTS 7. All previous paragraphs are incorporated herein by reference as though fully set forth. 8. On or about June 29, 2012 Defendant Howell initiated a traffic stop where the Plaintiff was the driver. 9. The passenger in the Plaintiff's vehicle was a minor and an acquaintance of Plaintiff. 10. Defendant Howell requested the Plaintiff's identification and vehicle documents. 11. The Plaintiff provided the requested documents to Defendant Howell 12. Defendant Howell stated in his affidavit of probable cause that he was stopping the vehicle for failing to use a turn signal. 13. Defendant Howell requested the minor passenger get out of the car. 14. Defendant Howell began to question the minor passenger. 15. Defendant Howell patted down the minor passenger for weapons and found none. 16. The Plaintiff told Defendant Howell he was going home and asked to leave. 17. Defendant Howell ran the vehicle's information and allegedly found that the vehicle's insurance had expired. 18. Defendant Howell then stated that the Plaintiff was acting nervous and shaking as he was drinking from a water bottle. 19. Defendant Howell then began to question the Plaintiff as to where he was going to see if his story matched the minor passenger's story. 20. Defendant Howell alleged that the story of the passenger and the Plaintiff did not match. 21. Defendant Howell then decided this was reason to call for backup. 22. The backup that came to the scene was Defendant Darhower and he told Defendant Howell that the Plaintiff had been arrested several times by the Carlisle Police Department. 23. Defendant Howell after hearing this felt it was necessary to remove the Plaintiff from the vehicle. 24. At this point Defendant Howell had allegedly used an improper turn signal and was driving a vehicle allegedly without insurance. 25. Defendant Howell told the Plaintiff to exit the vehicle. 26. The Plaintiff asked for what reason. 27. Defendant Howell told him again to exit the vehicle without reason and tried to open the door. 28. The door was locked. 29. The Plaintiff asked again why he needed to exit the vehicle. 30. Defendant Howell told him to exit the vehicle or he would remove him from it. 31. Defendant Howell reached inside the vehicle and grabbed the Plaintiff by his neck. 32. Defendant Darhower drew his taser and Defendant Howell ordered Defendant Darhower to tase the Plaintiff which he did. 33. The Plaintiff was tased in his right hand and chest. 34. The Plaintiff was then pulled out of his car and thrown to the ground by Defendant Howell and Defendant Howell stated "Don't try to be an asshole. When I tell you to do something you do it." 35. The Plaintiff defecated himself as a result of being tased. 36. When Defendant Howell learned the Plaintiff defecated himself he told the Plaintiff, "That's what you get for being a smart ass." 37. The Plaintiff suffered bruises to his face, shoulders, hand, and chest as a result of being tased and being thrown to the ground. COUNT 1 42 U.S.C. §1983 EXCESSIVE FORCE AGAINST DEFENDANT HOWELL 38. All previous paragraphs are incorporated herein by reference as though fully set forth. 39. At all times Defendant Howell was acting under color of state law. 40. At all times Defendant Howell was employed as a Pennsylvania State Trooper. 41. Defendant Howell, in the course of his employment, by his actions previously described in this Complaint, did deprive Plaintiff of his rights and protections under the United States Constitution, including the 4 th Amendment, the 14"' Amendment, the Due Process Clause, and the 8 th Amendment. 42. Defendant Howell used excessive force in pulling the Plaintiff out of his vehicle. 43. Defendant Howell did not provide a reason for why the Plaintiff should be removed from his vehicle. 44. Defendant Howell pulled the Plaintiff by his neck and pushed him to the ground. 45. Defendant Howell ordered that Plaintiff be tased. 46. Such actions by Defendant Howell were unreasonable. 47. Plaintiff had a right to be free from the use of excessive force. 48. Defendant Howell's actions were not to protect or for the safety of himself or others but merely to punish the Plaintiff. 49. Defendant Howell acted with willful misconduct. 50. Plaintiff did not pose a threat to the safety of the Defendants or public. 51. Plaintiff suffered physical injuries and pain and suffering which were a direct result of Defendant Howell's actions. 52. The actions of Defendant Howell 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 his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees as allowed against Defendant Howell as an adult individual and in his capacity as a State Trooper for the State of Pennsylvania. COUNT II 42 U.S.C. §1983 EXCESSIVE FORCE AGAINST DEFENDANT DARHOWER 53. All previous paragraphs are incorporated herein by reference as though fully set forth. 54. At all times Defendant Darhower was acting under color of state law. 55. At all times Defendant Darhower was employed as a Pennsylvania Police Officer. 56. Defendant Darhower, in the course of his employment, by his actions previously described in this Complaint, did deprive Plaintiff of his rights and protections under the United States Constitution, including the 4 th Amendment, the 14 Amendment, the Due Process Clause, and the 8 1h Amendment. 57. Defendant Darhower tased the Plaintiff without reason. 58. Such actions by Defendant Darhower were unreasonable. 59. Plaintiff had a right to be free from the use of excessive force. 60. Defendant Darhower's actions were not to protect or for the safety of himself or others but merely to punish the Plaintiff. 61. Defendant Darhower acted with willful misconduct. 62. Plaintiff did not pose a threat to the safety of the Defendants or public. 63. Plaintiff suffered physical injuries and pain and suffering which were a direct result of Defendant Darhower's actions. 64. The actions of Defendant Darhower 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 his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees as allowed against Defendant Darhower as an adult individual and in his capacity as a State Trooper for the State of Pennsylvania. Date: "a" 3 Respectfully Submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 S. Hanover St. Carlisle, Pa 17013 (717)- 241 -6070 Supreme Court ID — 206671 Attorney for Plaintiff a VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing Complaint 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: a 3 444 Larry FYunte SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 7 0.‘" Li tits :ririber, � ' } Jody S Smith Chief Deputy , I aj !j�; r Richard W Stewart f. , Solicitor arPir,.�,� (J 1. i Larry Wardell Hunte vs. Case Number Douglas W Howell (et al.) 2013-5757 SHERIFF'S RETURN OF SERVICE 10/04/2013 01:29 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Barry Walters, Lieutenant Carlisle Police Dept., who accepted as"Adult Person in Charge"for Christopher Darhower at 240 Lincoln Street, Carlisle Borough, Carlisle, PA 17013. 11 J� BRIAN GRZ :O • I PUTY 10/08/2013 02:47 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Douglas W Howell, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found" at 1538 Commerce Avenue, South Middleton, Carlisle, PA 17013. Deputies were advised by Corporal Ott that Trooper Howell has transferred to the IAD Building loCATED AT 7820 Allentown Boulevard, Harrisburg. SHERIFF COST: $58.02 SO ANSWERS, October 09, 2013 RONNY R ANDERSON, SHERIFF u^arsuie;,h���f' rci coscft.:..,. LARRY HUNTE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION—LAW v. • DOUGLAS W. HOWELL individually and in his capacity as a police officer for : NO. 13-5757 the Pennsylvania State Police, and CCA , -;1' ' CHRISTOPHER DARHOWER individually and in his capacity as a Police : ..c Officer for the Carlisle Police Department, : p ' '. C) Z.CD • Defendants : JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter the appearance of David J. MacMain, Esquire of The MacMain Law Group, LLC as counsel on behalf of Defendant, Christopher Darhower in the matter captioned above. THE MACMAIN LAW GROUP, LLC Date: Ib/itt l 13 By: �_ �. ��i..JJ. MacMain A 7 ey ID No. 59320 The MacMain Law Group, LLC 101 Lindenwood Drive, Suite 160 Malvern, PA 19355 Attorney for Defendant, Christopher Darhower CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing documents via United States First Class Mail, Postage Pre-Paid, upon the following: Vincent M. Monfredo, Esquire 155 S. Hanover St. Carlisle, PA 17013 Attorney for Plaintiff THE MACMAIN LAW GROUP, LLC Date: t.l(�f 3 By: ,A�_ ll ot14d J. Mac ain ' torney ID No. 59320 The MacMain Law Group, LLC 101 Lindenwood Drive, Suite 160 Malvern, PA 19355 Attorney for Defendant, Christopher Darhower LARRY HUNTE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION—LAW v. DOUGLAS W. HOWELL individually • and in his capacity as a police officer for : NO. 13-5757 the Pennsylvania State Police, and : CHRISTOPHER DARHOWER • cn co individually and in his capacity as a Police : r- -- '<KS -r, Officer for the Carlisle Police Department, : v c, ; C, CD`.. Defendants : JURY TRIAL DEMANDED vf. ENTRY OF APPEARANCE Kindly enter the appearance of Nicole C. Freiler, Esquire of The MacMain Law Group, LLC as counsel on behalf of Defendant, Christopher Darhower in the matter captioned above. THE MACMAIN LAW GROUP, LLC Date: 4413_ By: Nic le C. Freiler Attorney ID No. 313812 The MacMain Law Group, LLC 101 Lindenwood Drive, Suite 160 Malvern, PA 19355 Attorney for Defendant, Christopher Darhower CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing documents via United States First Class Mail, Postage Pre-Paid,upon the following: Vincent M. Monfredo, Esquire 155 S. Hanover St. Carlisle, PA 17013 Attorney for Plaintiff THE MACMAIN LAW GROUP, LLC Date: 161 l te` cj By: Nico e C. Freiler Attorney ID No. 313 812 The MacMain Law Group, LLC 101 Lindenwood Drive, Suite 160 Malvern, PA 19355 Attorney for Defendant, Christopher Darhower ` LARRY HUNTE AND COUVY N 1 S Y L`J f !rA' COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY CIVIL ACTION - LAW v. • • DOUGLAS HOWELL, individually and in his • DOCKET NO.: 13-5757 CIVIL capacity as a police officer for the Pennsylvania : State Police, and CHRISTOPHER DARHOWER individually and : in his capacity as a police officer for the Carlisle Police Department • • Defendants To the Office of the Prothonotary of Cumberland County: Pursuant to 28 U.S.C. § 1446(d) Defendant files herewith a certified copy of the Noire of Removal filed in the United States District Court for the Middle District of Pennsylvania on October 30, 2013. Date: October 30, 2013 By: 0/27-' David J. MacMain The MacMain Law Group, LLC Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LARRY HUNTE CIVIL ACTION NO: • Plaintiff, • • v. DOUGLAS HOWELL, individually and in his • JURY TRIAL DEMANDED capacity as a police officer for the Pennsylvania : State Police, and CHRISTOPHER DARHOWER individually and : in his capacity as a police officer for the Carlisle Police Department Defendants To the Honorable Judges of the United States District Court for the Middle District of Pennsylvania: Defendant Christopher Darhower("Defendant Darhower"),by and through his attorneys, The MacMain Law Group, LLC, hereby files a Notice of Removal of said case from the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, in which it is now pending, to the United States District Court for the Middle District of Pennsylvania and in support thereof avers as follows: 1. Plaintiff Larry Hunte ("Plaintiff') initiated this action by filing a Complaint in the Cumberland County Court of Common Pleas on October 3, 2013 (a true and correct copy of Plaintiff's Complaint is attached hereto and marked as Exhibit"A"). 2. In his Complaint, Plaintiff alleges that he currently lives at 1012 Rockledge Dr. Carlisle, PA 17015. 3. Defendant Darhower is an adult individual employed as a police officer with the Carlisle Police Department, located at 240 Lincoln St. Carlisle, PA 17013. 4. The present law suit is removable from State Court to the United States District Court for the Middle District of Pennsylvania,pursuant to 28 U.S.C. §1331, §1441(a), §1441(c)(2), §1443, and §1367 in that all actions alleging a violation of 42 U.S.C. §1983 maybe removed to Federal Court, Baldi v. City of Philadelphia, 609, F.Supp. 162 (E.D. Pa 1985). 5. This Notice is timely,being filed within thirty(30) days of the receipt by the Petitioners of a copy of the Complaint, which was the first notice that the claims for relief upon which the action is based rely upon a federal question. 6. To date, no attorney has entered their appearance on behalf of Defendant Douglas Howell of the Pennsylvania State Police; however legal counsel for the Pennsylvania State Police has indicated that it would be agreeable to removal of this action from state to federal court and will so indicate when an entry of appearance have been filed. 7. Petitioning Defendants will give written notice of the filing of this Notice as required by 28 U.S.C. § 1446(d). 8. A copy of this Notice will be filed with the Prothonotary of Dauphin County, as required by 28 U.S.C. sec. 1446(d). (As indicated in Exhibit "C"). WHEREFORE, Defendant Darhower respectfully requests that the above captioned action now pending against him in the Court of Common Pleas of Cumberland County, Pennsylvania, be removed to this Court. Respectfully submitted, Dated: October 30, 2013 /s/David J. MacMain David J. MacMain(I.D. No. 59320) The MacMain Law Group, LLC 101 Lindenwood Drive, Suite 160 Malvern, PA 19355 Exhibit "A" LARRY HUNTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs_ : CIVIL ACTION—LAW <' = • DOUGLAS W. HOWELL individually '�� '.- =" 3 and in his capacity as a police officer : NO. /3- ,j 7 c? for the Pennsylvania State Police,and CHRISTOPHER DARHOWER individually: �= = -, and in his capacity as a Police Officer for the: • Carlisle Police Department, rT, D • efendants : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after this complaint and notice are 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 may be 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 MAY BE 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 TRUE COPY FROM RECORD In Testimony whereof.i here unto set my hand Phone: (717)249-3166 and the seat of said Crairt a�Cartisie�,Pa. (800)990-9108 This 3 day of C:� ..2() i " - '-',othonvutry • 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. • • LARRY HUNTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW DOUGLAS W. HOWELL individually • and in his capacity as a police officer : NO. for the Pennsylvania State Police, and CHRISTOPHER DARHOWER individually: and in his capacity as a Police Officer for the: Carlisle Police Department, Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Larry Hunte,by and through his attorney Vincent M. Monfredo, Esquire, and avers in support of his complaint as follows: INTRODUCTION I. 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. §§133 I 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 Larry Hunte violating his rights under the Fourth and Fourteenth Amendments to the United States Constitution whereby excessive force was used,and that the defendant was acting under color of state law. PARTIES 4. Larry Hunte (hereafter"Plaintiff')is an adult individual residing at 1012 Rockledge Dr. Carlisle, PA 17015. 5. Cpl. Douglas W. Howell (hereafter"Defendant Howell") is an adult individual believed to be employed as a State Police Officer of the Pennsylvania State Police located at 1 538 Commerce Ave.,Carlisle, PA 17015. 6. Officer Christopher Darhower(hereafter"Defendant Darhower") is an adult individual believed to be employed as a Carlisle Police Officer located at 240 Lincoln St.Carlisle, PA 17013. FACTS 7. All previous paragraphs are incorporated herein by reference as though fully set forth. 8. On or about June 29,2012 Defendant HoweIl initiated a traffic stop where the Plaintiff was the driver. 9. The passenger in the Plaintiff's vehicle was a minor and an acquaintance of Plaintiff. 10. Defendant Howell requested the Plaintiff's identification and vehicle documents. 11.The Plaintiff provided the requested documents to Defendant Howell 12. Defendant Howell stated in his affidavit of probable cause that he was stopping the vehicle for failing to use a turn signal. 13. Defendant Howell requested the minor passenger get out of the car. 14. Defendant Howell began to question the minor passenger. 15. Defendant Howell patted down the minor passenger for weapons and found none. 16. The Plaintiff told Defendant Howell he was going home and asked to Ieave. • 17. Defendant Howell ran the vehicle's information and allegedly found that the vehicle's insurance had expired. 18. Defendant Howell then stated that the Plaintiff was acting nervous and shaking as he was drinking from a water bottle. 19. Defendant Howell then began to question the Plaintiff as to where he was going to see if his story matched the minor passenger's story. 20. Defendant Howell alleged that the story of the passenger and the Plaintiff did not match. 21. Defendant Howell then decided this was reason to call for backup. 22. The backup that came to the scene was Defendant Darhower and he told Defendant Howell that the Plaintiff had been arrested several times by the Carlisle Police Department. 23. Defendant Howell after hearing this felt it was necessary to remove the Plaintiff from the vehicle., 24. At this point Defendant Howell had allegedly used an improper turn signal and was driving a vehicle allegedly without insurance. 25. Defendant Howell told the Plaintiff to exit the vehicle. 26. The Plaintiff asked for what reason. 27. Defendant Howell told him again to exit the vehicle without reason and tried to open the door. 28.The door was locked. 29. The Plaintiff asked again why he needed to exit the vehicle. 30. Defendant Howell told him to exit the vehicle or he would remove him from it. 31. Defendant Howell reached inside the vehicle and grabbed the Plaintiff by his neck. 32. Defendant Darhower drew his taser and Defendant Howell ordered Defendant Darhower to tase the Plaintiff which he did. 33. The Plaintiff was tased in his right hand and chest. 34. The Plaintiff was then pulled out of his car and thrown to the ground by Defendant Howell and Defendant Howell stated"Don't try to be an asshole. When I tell you to do something you do it." 35. The Plaintiff defecated himself as a result of being tased. 36. When Defendant Howell learned the Plaintiff defecated himself he told the Plaintiff, "That's what you get for being a smart ass." 37. The Plaintiff suffered bruises to his face, shoulders,hand, and chest as a result of being tased and being thrown to the ground. COUNT I 42 U.S.C. §I983 EXCESSIVE FORCE AGAINST DEFENDANT HOWELL 38. All previous paragraphs are incorporated herein by reference as though fully set firth. 39. At all times Defendant Howell was acting under color of state law. 40. At all times Defendant Howell was employed as a Pennsylvania State Trooper. 41. Defendant Howell, in the course of his employment,by his actions previously described in this Complaint,did deprive Plaintiff of his rights and protections under the United States Constitution,including the 4th Amendment,the 14th Amendment. the Due Process Clause,and the 8`''Amendment. 42. Defendant Howell used excessive force in pulling the Plaintiff out of his vehicle. 43. Defendant Howell did not provide a reason for why the Plaintiff should be removed from his vehicle. 44. Defendant Howell pulled the Plaintiff by his neck and pushed him to the ground. 45. Defendant Howell ordered that Plaintiff be tased. 46. Such actions by Defendant Howell were unreasonable. 47. Plaintiff had a right to be free from the use of excessive force. 48. Defendant Howell's actions were not to protect or for the safety of himself or others but merely to punish the Plaintiff. 49. Defendant Howell acted with willful misconduct. 50. Plaintiff did not pose a threat to the safety of the Defendants or public. 51. Plaintiff suffered physical injuries and pain and suffering which were a direct result of Defendant Howell's actions. 52. The actions of Defendant Howell 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 his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest,and attorney's fees as allowed against Defendant l lowell as an adult individual and in his capacity as a State Trooper for the State of Pennsylvania. COUNT H 42 U.S.C.§1983 EXCESSIVE FORCE AGAINST DEFENDANT DARHOWER 53. All previous paragraphs are incorporated herein by reference as though fully set forth. • 54. At all times Defendant Darhower was acting under color of state law. 55. At all times Defendant Darhower was employed as a Pennsylvania Police Officer. 56. Defendant Darhower, in the course of his employment,by his actions previously described in this Complaint,did deprive Plaintiff of his rights and protections under the United States Constitution, including the 4th Amendment,the 14`"Amendment, the Due Process CIause, and the 8`11 Amendment. 57. Defendant Darhower Lased the Plaintiff without reason. 58. Such actions by Defendant Darhower were unreasonable. • 59. Plaintiff had a right to be free from the use of excessive force. 60. Defendant Darhower's actions were not to protect or for the safety of himself or others but merely to punish the Plaintiff. 61. Defendant Darhower acted with willful misconduct. 62. Plaintiff did not pose a threat to the safety of the Defendants or public. 63. Plaintiff suffered physical injuries and pain and suffering which were a direct result of Defendant Darhower's actions. 64.The actions of Defendant Darhower 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 his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages,costs, interest,and attorney's fees as allowed against Defendant Darhower as an adult individual and in his capacity as a State Trooper for the State of Pennsylvania. Date: __/ /3.J Respectfully Submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 S. Hanover St. • Carlisle,Pa 17013 (717)-241-6070 Supreme Court ID—206671 Attorney for Plaintiff • CERTIFICATE OF SERVICE I, David J. MacMain hereby certify that I caused a copy of the foregoing Notice of Removal to be served by first-class mail, postage prepaid on October 30, 2013 addressed as follows: Vincent M. Monfredo Rominger and Associates 155 S. Hanover St. Carlisle, PA 17013 Attorney for Plaintiff David J. acMain SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i `' I` t ,t„ of t motif fy Jody S Smith ° ;`11 JAN -2 AN IQ Chief Deputy Richard W Stewart I� '% i � L r'` 'r; j7 ' Solicitor PENNSYLVANIA Larry Wardell Hunte Case Number vs. Douglas W Howell (et al.) 2013-5757 SHERIFF'S RETURN OF SERVICE 12/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Douglas W Howell, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint& Notice according to law. 12/23/2013 03:00 PM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon Douglas W Howell, personally, at 7820 Allentown Blvd., Harrisburg, PA 17112. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, December 30, 2013 RONNY R ANDERSON, SHERIFF u i iitt of HI t ` -'x-17 . Shelley Ruhl � ii `� Jack Duignan Real Estate Deputy `y \V . • Chief Deputy• Matthew L. Owens + W� : Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LARRY HUNTE VS DOUGLAS W. HOWELL, INDIV. &IN HIS County of Dauphin CAPACITY AS POLICE OFFICER FOR PA STATE POLICE Sheriffs Return No. 2013-T-3177 OTHER COUNTY NO. 2013-5757 And now: DECEMBER 23, 2013 at 3:00:00 PM served the within NOTICE & COMPLAINT upon DOUGLAS W. HOWELL, INDIV. & IN HIS CAPACITY AS POLICE OFFICER FOR PA STATE POLICE by personally handing to DOUGLAS HOWELL 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 7820 ALLENTOWN BLVD. HARRISBURG PA 17112 NOTARIAL SEAL JULIE STOESSEL Notary Public So Answers, My Commission TWP,DAUPHIN COU2± H3 Y ✓� � My Commission Expires Apr Sheriff of I. ur Co ' By Ofef _� Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 12/18/2013