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Suit by Timothy McKenzie vs. City of Dubuque/Kimberly Hoover Copyrighted September 3, 2019 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUM MARY: Kyle and Shelby Christina for property damage, Kathy Jansen for vehicle damage, Gail Miller for property damage, Suit by Timothy McKenzie vs. City of Dubuque et al. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Referto City Attorney ATTACHMENTS: Description Type Christina Claim Supporting Documentation Jansen Claim Supporting Documentation Miller Claim Supporting Documentation McKenzie vs. City of Dubuque Suit Supporting Documentation � � ��.�.��,I�� UNITED STATE DISTRICT COURT j NORTHERN DISTRICT OF TOWA �}�'�� . 0 �� 6 EASTERN DIVISION � '�i��/ C:iI��I�� iv:�f�ic�� i� TIMOTHY MCKENZIE, �1; ;�,1��,��, ��±, i Plaintiff, Case No.: 1:19-CV-OOb88 ;, vs. �I � COMPLAINT & JURY DEMAND il CITY OF DUBUQUE, IOWA; and KIMBERLY HOOVER, individually�and as a � Police Officer for the City Of Dubuque, Iowa, �� Defendant. � ;� ; f i i , Timothy McKenzie, by and through counsel, hereby bring the following causes of action ,i � against the City of Dubuque, Iowa and Kimberly Hoover individually and a police officer for the ;; ;; City of Dubuque. In support of this complaint, Plaintiff states as follows: III INTRODUCTION �' I � ,; ' l. This action is brought pursuant to 42 U.S.C. § 1983, the Constitution of the United States � � of America, and the Constitution of the State of Iowa. � . � 2. Defendants committed all of the wrongful and unconstitutional acts alleged below in � Dubuque County, Iowa on or about July 22, 2018. , �,� �� PARTIES � 3. At all material times, Timothy lO�IcKenzie (hereinafter, "Tim") was a citizen and resident � of Dubuque, Iowa. 4. At all material times, Kimberly Hoover (hereinafter, "Hoover") was an employee of the City of Dubuque Police Department. 5. The City of Dubuque is a governmental subdivision of the State of Iowa and operates a police force employing Defendant Hoover and other officers who routinely make unlawful and unconstitutional seizures of individuals. 1 � Case 1:19-cv-00088 Document 1 Filed 08/20/19 Page 1 of 6 , JURISDICTION li,� � 6. This court has subject matter jurisdiction over this action pursuant to 28 U.S.0 § 1331, 28 ;� ;� ,I U.S.C. § 1367, and 42 U.S.C. § 1983 � '� `I 7. The Eastern Division of the Northern District of Iowa is the appropriate venue pursuant � to 28 U.S.C. § 1391(b) in that one or more defendant lives in this district and the events ''I a , i giving rise to this claim occurred in this district. �� ; 1 FACTUAL BACKGROUND ',i ; ��, , 8. At roughly 8:03 p.m. on July 22, 2018, Dubuque 911 received two calls in the area of ;I '�'. East 21St Street and Jackson Street. 9. Each call referenced juveniles with a gun. tl �� 10. The first caller said she saw roughly ten boys on bikes, that one in a white t-shirt and ' Ili �l floral patch pocket had a gun. i�� '; 11. The first caller said it was likely a bb gun. ; 12. The first caller said the boys on the bikes were middle school aged. �i k 13. The first caller stated the boy in the white t-shirt passed the gun to a boy in a black t-shirt. i 14. A second caller stated a group of kids tried to attack her roommates. � 15. The second caller stated a black male roughly 17 years old presented a gun. ! i � 16. The second caller did not see the gun,but was relaying the message from her roommates. ' 17. Dubuque dispatch sent officers to the area to seek out the juveniles on bikes. � � � � 18. Officer Hoover responded to the call. ' i , 19. Dispatch informed responding officers the suspect was a black male approximately 17 i i years old wearing a black t-shirt. � � 20. Hoover stopped her vehicle at or near 2145 White St. � 2 Case 1:19-cv-00088 Document 1 Filed 08/20/19 Page 2 of 6 �I�I 21. Moments after exiting her police car, dressed in a police uniform, Hoover saw Tim � McKenzie. 22. Tim was wearing royal blue shorts, a royal blue shirt, and a royal blue hat. '� �� 23. At the time Tim was fifty years old. � � � � � 24. Tim did not make any threatening gestures towards Hoover. g �I 25. Tim was not acting suspiciously. �� - I 26. Upon seeing Tim, Hoover ordered him to "get back over here." a a (; 27. Tim complied. I� ii �� 28. Hoover ordered Tim to put his hands behind his back. !� V �� 29. Tim complied. p; 30. Hoover stated she was going to, "do a pat down." II, 31. Hoover did not have lawful authority to stop Tim. �i� , 32e Hoover did not have lawful authority to order Tim to stay thereby seizing him under the �,I � Fourth Amend to the U.S. and Article l, Section 8 of the Iowa Constitution. � � 33. Hoover did not have lawful authority to conduct a pat down of Tim. ;j ,� , 34. Tim nevertheless obeyed all of Hoover's orders. � I 35. Hoover and the Dubuque police department have a policy of stopping every person with 5 � R whom she comes into contact while responding to a dispatch involving a firearm. � � 36. Hoover and the Dubuque police department have a policy of patting down every person � with whom she comes into contact with while responding to a dispatch involving a � firearm. 37. Hoover's conduct in unlawfully restraining and seizing Tim was consistent with the N � training provided by Dubuque Police Department. 3 Case 1:19-cv-00088 Document 1 Filed 08/20/19 Page 3 of 6 � � i � � � � 38. Hoover acted recklessly, maliciously and/or wantonly. ;� . � COUNTI � VIOLATION OF ARTICLE I, SECTION 8 OF THE IOWA CONSTITUTION �, RIGHT TO BE FREE FROM UNREASONABLE SEIZURE �,;� 39. Plaintiff restates the foregoing paragraph as if set forth here. I 40. Article l, Section 8 of the Iowa Constitution guarantees Tim McKenzie's right to be free I from unreasonable seizure. � �� C 41. Officer Hoover acting within the scope of her employrnent with the Dubuque Police '� � �. Department seized Tim without the requisite probable cause and reasonable suspicion. i 42. Officer Hoover knew or should have known she lacked the necessary probable cause and reasonable suspicion to seize Tim. Ij 43. Defendants, acting under color of state law, violated the right of Tim McKenzie to be free ;� from unreasonable seizure and imprisonment as guaranteed by Article 1, Section 8 of the '� Iowa Constitution. � i 44. Officer Hoover's conduct proximately caused damages to Tim McKenzie. ; COUNT II VIOLATION OF 4TH AMENDMENT ` RIGHT TO BE FREE FROM UNREASONABLE SEIZURE ' � '� 45. Plaintiff restates the foregoing paragraph as if set forth here. '� � 46. Defendants, acting under color of state law, violated the right of Tim McKenzie to be free � i from unreasonable seizure as guaranteed by the Fourth Amendment to the United �tates �i Constitution. i � 47. Defendants proximately caused damages to Tim McKenzie by unlawfiilly and without proper basis to do so, seizing him in violation of his rights guaranteed by the Fourth a Amendment to the United States Constitution. � i i � i 1 4 Case 1:19-cv-00088 Document 1 Filed 08/20/19 Page 4 of 6 � f ; . � � � COUNT III � � NEGLIGENT TRAINING !I i; i'il 48. Plaintiff restates the foregoing paragraph as if set forth here. �, � 49. Defendant City of Dubuque has a duty to properly train its officers. �'�I 50. Defendant City of Dubuque improperly trains its officers to seize all individuals in the ''�' i� i vicinity of a firearm's call regardless of whether an individual fits the suspect description. ��, �� 51. The City of Dubuque proximately caused damages to Tim McKenzie by improperly � training its officers to seize all individuals within the vicinity of a gun call. '� ii� ;� 52. The City's inadequate and negligent training proximately caused damages to Tim ''� � r McKenzie. i JURY DEMAND Plaintiff hereby demands this matter be tried to a jury. '� ;; i! REQUEST FOR RELIEF � � Wherefore, Plaintiff requests judgment against the Defendants in a fair and reasonable j, � � monetary amount as determined by the trier of fact, punitive damages along with interest, costs j �i i of this action, attorney fees, and all other relief deemed just and equitable. � 'i � p f � y � � � � � 5 � � Case 1:19-cv-00088 Document 1 Filed 08/20/19 Page 5 of 6 � � � � � y Respectfully submitted this 2pt11 day of August 2019. , i II REYNOLDS & KENLINE,L.L.P. �'� Attorneys for Mr. McKenzie By: /s/Sccmuel A. Wooden i Samuel A. Wooden IA AT#0012854 �' 110 East 9th Street � P.O. Box 239 Dubuque, IA 52004 Telephone: (563) 556-8000 E-Mail: wooden@rkenline.com i i DAVE O'�12IEN LAW i Attorney for Mr. McKenzie � By: ls/David A. O'BNien � David A. O'Brien f IA AT# 0005870 � ' 1500 Center Street NE Suite 103 Cedar Rapids, IA 52402 �� Telephone: (319) 861-3001 E-mail: dave@daveobrienlaw.com i � ; I I i � I j � I I { � f I I i � � � I 6 i � � Case 1:19-cv-00088 Document 1 Filed 08/20/19 Page 6 of 6 ; f �