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Suit by Tiffani Anderson Copyrighted August 19, 2019 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUMMARY: Susan Beckman for property damage, Mike and Jeanne Duggan for property damage, Brian Feldman for property damage, Bill and Kathy Miller for property damage; Tiffany Anderson vs. City of Dubuque et al. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Referto City Attorney ATTACHMENTS: Description Type Claim by Susan Beckman Supporting Documentation Claim by Mike and Jeanne Duggan Supporting Documentation Claim by Brian Feldman Supporting Documentation Claim by Bill and Kathy Miller Supporting Documentation Suit by Tffany Anderson vs. City of Dubuque, et al. Supporting Documentation € t { . � I� E-FILED 2019 JUL 17 3:59 PM DUBUQUE- CLERK OF DISTRICT COURT j I I IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY '�, � � I TIFFANI ANDERSON, NO. LACV109484 Plaintiff, II vs. I CITY OF DUBUQUE, DUBUQUE ORIGINAL NOTICE COUNTY, RYAN SCHERRM.AN, ' Individually and in his Official Capacity, and : ROBERT FREUND, Individually and in his Official Capacity, Defendants. TO THE ABOVE-NAMED DEFENDANT(S): CITY OF DUBUQUE You are notified that a Petition at Law has been filed in the office of the clerk of this court naming you as a defendant in this action. A copy of the Petition is attached to this notice. The attorneys for the plaintiffare Brooke Timmer and Nathan Borland of Timmer&Judkins,P.L.L.C., whose address is 1415 28�'Street, Suite 375,West Des Moines, IA 50266. Their phone number is (515) 259-7462;facsimile number(515) 361-5390. You must serve a motion or answer within 20 days after service of this original notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Dubuque County. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (319) 833-3332. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942. f:`7 � �' �;�� °°`��6 ;--��. � .�..� CLERK OF COURT �=- C� �3 E�`� ���� �. Dubuque County Courthouse � � ,,,� � Dubuque, Iowa � �• '� � � � � �' � � �..: IMPORTANT: �� � You are advised to seek legal advice at once to protect your interests. E-FILED 2019 JUL 18 1:49 PM DUBUQUE- CLERK OF DISTRICT COURT �� � STATE OF IOWA JUDICIARY �aSeN°. �Acv�o94s4 �� � County Dubuque � CaseTit/e ANDERSON V CITY OF DUBUQUE ET AL a � THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. III Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an I� exemption from the court,you must file your Appearance and Answer electronically. � iJ You must register through the lowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and �i password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. p �I FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: 4 http://www.iowacourts.state.ia.us/Efile 'o I FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA � COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efile ' Scheduled Heanng: � I G � � � i If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district � ADA coordinator at(319)833-3332 . (If you are hearing impaired,call Relay lowa TTY at 1-800-735-2942.) I � Date Issued 07/18/2019 01:49:25 PM ��a,�,��„v.�r ,a� � ° ' � ,, � E -Ar.=F � P� � ��. €:��. .. . ...;.:�.�� ... �P {4'-� � r�i'p.i!I �._ti�iWll�..t District Clerk of Dubuque County /s/Trisha Quijano E-FILED 2019 JUL 17 3:59 PM DUBUQUE- CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY TIFFANI ANDERSON, Case No. LACV 109484 Plaintiff, vs. CITY OF DUBUQUE, DUBUQUE PETITION COUNTY, RYAN SCHERRMAN, and Individually and in his Official Capacity, and JURY DEMAND ROBERT FREUND, Individually and in his Official Capacity, Defendants. INTRODUCTION 1. This is an action to recover damages and obtain equitable relief related to Defendants' use of excessive force against Plaintif�Tiffani Anderson and for Defendants' violation of rights assured to Tiffani under the Constitutions of the United States and the State of Iowa. 2. Plaintiff Tiffani Anderson is a resident of Dubuque County, Iowa. 3. Defendant City of Dubuque is a political subdivision of the State of Iowa. 4. Defendant Dubuque County is a political subdivision of the State of Iowa. 5. Defendant Ryan Scherrman is a resident of Dubuque County, Iowa. 6. Defendant P.obert Freund is a resident of L)ubuque �ounty, Iowa. 7. The acts of which Plaintif�complains occurred in Dubuque County, Iowa. FACTUAL BACKGROUND 8. On the afternoon of April 16, 2018, Plaintif�Tiffani Anderson went to her local neighborhood grocery store with several of her children and grandchildren. 1 o � E-FILED 2019 JUL 17 3:59 PM DUBUQUE- CLERK OF DISTRICT COURT 9. r�fter picking up groceries, including ice cream for the young children, Tiffani ; li loaded her family into her car and started driving home. ;� � , 10. Tiffani put on her seatbelt before she left the grocery store parking lot. � I 11. Defendant Ryan Scherrman is employed by Defendant City of Dubuque as a � ji police officer. He was patrolling Tiffani's neighborhood the same afternoon. I 12. When Tiffani was less than two blocks from home, Scherrman used the � � emergency lights on his Dubuque Police Department patrol vehicle to pull Tiffani over. ;I � 13. Tiffani remained in her vehicle,which her seatbelt on, and waited for Scherrman !�, to approach her window. �I�I 14. Tiffani gave Scherrman her driver's license,vehicle registration, and proof of insurance. j 15. Scherrman asked Tiffani for the ages of the children in her vehicle. Tiffani pointed out each child and told Scherrman their ages. f �. 16. Scherrman told Tiffani, "You don't have to yell at me." I 17. Tiffani told Scherrman, "I'm not yelling... I have not had good experience with � � � Dubuque police officers, and I'm just really tired of the racial profiling." � 18. Scherrman responded, "There's no racial profiling..." I� 19. Scherrman returned to his patrol vehicle,where another officer was waiting in the � � passenger seat. � � 20. A third Dubuque police of�icer approached the passenger side door of � � Scherrman's patrol vehicle.Apparently comfortable with Tif�ani's behavior, Scherrman told the � other officer he "should be good" and told her she could leave. � 21. After waiting several minutes; Tiffani opened her car door and stepped out with her hands up. 2 ° e i E-FILED 2019 JUL 17 3:59 PM DUBUQUE-CLERK OF DISTRICT COURT �I 22. Tiffani told Scherrman she had a question. Scherrman did not immediately respond. 23. Tiffani asked Scherrman if she could go put her groceries in her house. 24. Tiffani then asked Scherrman if he could follow her to her house so she could put her groceries in her house. 25. Tiffani told Scherrman her children could walk their ice cream up to her house. 26. Scherrman raised his voice, saying, "No! Nobody's leaving out of the car!" 27. At the time of Scherrman's response, he had no reasonable suspicion to believe any of the children had participated in any illegal activity. 28. At the time of Scherrman's response, he had no reasonable suspicion to believe any of the children were about to engage in illegal activity. 29. At the time of Scherrman's response, he had no legal basis to seize the children. 30. Scherrman began yelling at Tiffani to get back in her car. 31. Tiffani responded, "You don't have to yell at me... I've addressed you with respect,you're not going to disrespect me." 32. Tiffani followed Scherrman's command and re-entered her car. As she sat down in the driver's seat, she kept the door open so she could pull her left leg inside the car. 33. Scherrman approached Tif�ani's car and grabbed on to the driver's door,pulling it against'Tiffani's left leg. 34. Tiffani repeatedly asked Scherrman to take his hand of�her car door. 35. Tif�ani repeatedly told Scherrman she would close her door on her own. 36. Scherrman refused to release the door, even though Tiffani's left leg was still stuck in the gap between the body of the car and the driver's door. 37. Tiffani asked Scherrman to let go of the door so she could close it. 3 E-FILED 2019 JUL 17 3:59 PM DUBUQUE - CLERK OF DISTRICT COURT � li 38. Tiffani said, "Would you please take your hand of�of my door?" �i I� 39. Scherrman finally removed his hand from the door. � a, 40. Tiffani said, "I asked you a question. Can my kids walk my ice cream...? I live '� I � right up here?" � I 41. Scherrman again said, "No, nobody is leaving." j�, il il 42. Tiffani said, "They have done nothing." ;I �I 43. Scherrman said, "Nobody is leaving." V' 44. Tiffani said, "My kids are not the one in trouble." � 45. Scherrman repeated, "Nobody is leaving." fl 46. Scherrman still had no reasonable suspicion to believe the children had '�i i; participated in, or were about to engage in, any illegal activity. I," 'I 47. Scherrman still had no legal justification to seize the children. � �l 48. By this time, Defendant Robert Freund, a deputy sheriffwith the Dubuque � �I i; County Sherif�'s Office, had arrived. �� � � 49. Tiffani had moved her leg back inside the vehicle, so Scherrman forced her driver's door closed. 50. Tiffani, offended by Scherrman forcing the door closed against her, opened her door a short distance and shut it, exclaiming, "I will close my doorl" 51. Scherrman had no reason to believe,based on Tiffani briefly opening and closing � � her door, that Tiffani posed any threat to his safety or to the safety of any other person. � 52. Tiffani briefly opening and closing her car door did not interfere with, obstruct, or delay Scherrman's completion of the traffic stop. ? 53. By closing her door, Tiffani did exactly what Scherrman had ordered her to do. 4 E-FILED 2019 JUL 17 3:59 PM DUBUQUE- CLERK OF DISTRICT COURT 54. At this point, Scherrman was flanked by Freund and another Dubuque Police Officer. 55. Scherrman and Freund were angered by what they perceived as an act of defiance in front of their law enforcement colleagues. 56. Scherrman approached Tiffani's closed door, opened it, and yelled at her to get out of the car. 57. Scherrman did not tell Tiffani she was under arrest. 58. Less than two seconds after telling Tiffani to get out of the car, Scherrman began using physical force against her to force her from the car. 59. Freund drew his taser and pointed it at Tiffani. 60. Freund fired his taser at Tiffani before she had a chance to comply with Scherrman's command. 61. Tiffani's children screamed and cried from inside the vehicle as the three male police officers piled on top of Tiffani to arrest her. COUNTI EXCESSIVE FORCE IN VIOLATION OF THE IOWA CONSTITUTION (SC�-IERItMA1�T AND FIZEUND) 62. Plaintiff repleads and realleges paragraphs 1 through 61 of this Petition as if fully set forth herein. 63. Scherrman's and Freund's use of force against Tiffani was excessive and violated Article I, Sections 1 and 8 of the Iowa Constitution. 64. There was no reasonable ground for Scherrman's and Freund's violation of Tif�ani's rights under the Iowa Constitution. 5 E-FILED 2019 JUL 17 3:59 PM DUBUQUE- CLERK OF DISTRICT COURT 65. In using such force against Tiffani under these circumstances, Scherrman and Freund failed to exercise due care to conform with the requirements of the law. �u 66. Scherrman's and Freund's use of force against Tiffani caused physical injuries, ��� I' including injuries to her arms, legs,back, abdomen,forearms, and elbows. � 67. Scherrman's and Freund's use of force against Tiffani was committed under the � i color of authority and law as a police officer for the City of Dubuque and a deputy sherifffor � � ii Dubuque County, respectively. � � 68. Scherrman's and Freund's use of force against Tiffani was excessive and li 1 objectively unreasonable under the circumstances. ; GI ;i 69. As a result of Defendants' acts and omissions, Plaintiffhas in the past and will in '!� the future suffer injuries and damages including,but not limited to, emotional pain and trauma j such as mental anguish, humiliation, embarrassment, anger, frustration, disappointment, regret, despair, and disruption of her peace of mind. � WHEREFORE, Plaintif�demands judgment against Defendants in an amount which will fully and fairly compensate her for her injuries and damages, for punitive damages in an amount I sufficient to punish Defendants Scherrman and Freund and to deter Defendants Scherrman and I � Freund and others from doing such wrong in the future,for attorney's fees, for prejudgment and i postjudgment interest,for appropriate equitable and injunctive relief,for the costs of this action, and for such other relief as may be just in the circumstances. COUNT II EXCESSIVE FORCE IN VIOLATION OF THE UNITED STATES CONSTITUTION � 42 U.S.C. § 1983 � (SCHERRIVIAN AND FREUND) i I 70. Plaintiff repleads and realleges Paragraphs 1 through 69 of this Petition as if fully f I set forth herein. � 6 � i . , ' I E-FILED 2019 JUL 17 3:59 PM DUBUQUE-CLERK OF DISTRICT COURT 71. Scherrman and Freund violated Tiffani's clearly established right to be free from � the use of excessive force, as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C. § 1983,by using force to remove her from her car and by pointing and firing a taser at her. 72. Scherrman's and Freund's use of force against Tiffani was not objectively reasonable under the circumstances. 73. Scherrman's and Freund's use of force against Tiffani caused physical injuries, including injuries to her arms, legs, back, abdomen, forearms, and elbows. 74. Scherrman's and Freund's use of force against Tiffani was committed under the color of authority and law as a police officer for the City of Dubuque and a deputy sherifffor Dubuque County, respectively. 75. As a result of Defendants' acts and omissions, Plaintiffhas in the�ast and will in the future suffer injuries and damages including, but not limited to, emotional pain and trauma such as mental anguish, humiliation, embarrassment, anger, frustration, disappointment, regret, despair, and disruption of her peace of mind. WHEREFORE, Plaintiff demands judgment against Defendants Scherrman and Freund, jointly and severally, in an amount which will fully and fairly compensate her for her injuries and damages,for punitive damages in an amount sufficient to punish Defendants Scherrman and Freund and to deter them and others from doing such wrong in the future,for attorney's fees, for prejudgment and postjudgment interest,for appropriate equitable and injunctive relief, for the costs of this action, and for such other relief as may be just in the circumstances. COUNT III VIOLATION OF THE UNITED STATES CONSTITUTION POLICY, CUSTOM, AND FAILURE TO TRAIN AND SUPERVISE 42 U.S.C. § 1983 (CITY OF DUBUQUE AND DUBUQUE COUNTY) 7 E-FILED 2019 JUL 17 3:59 PM DUBUQUE- CLERK OF DISTRICT COURT � � 76. Plaintiff repleads and realleges Paragraphs 1 through 75 of this Petition as if fully I i set forth herein. �� I 77. Defendants City of Dubuque and Dubuque County established, maintained, I� �� and/or enforced of�icial policies,patterns,practices, or customs of allowing unreasonable or ` excessive force,particularly when it comes to treatment of minorities. �''� 78. Defendants'failure to implement or enforce policies demonstrates a deliberate �� indifference and/or reckless disregard of the rights of Tiffani and those similarly situated to her. � ��'1 79. Defendants authorized the actions of Scherrman and Freund by failing to enforce ;i i� and implement policies in a manner which preserves Tiffani's rights and the rights of those ;i �ii similarly situated to her. ; �Il 80. Defendants authorized the actions of Scherrman and Freund by failing to train � I and properly supervise Herndon. � I 81. The City of Dubuque and Dubuque County are charged with the duty to ensure f that their law enforcement of�'icers are properly trained and supervised. �1 ;� 82. The City of Dubuque and Dubuque County failed to train and/or properly h su ervise Scherrman and Freund when the used force a ainst citizens. � P Y � 83. Scherrman's and Freund's use of excessive force against Tiffani was foreseeable. 84. lletendants'fallure to train and%or supervlse Scherrman and r'reund � demonstrated a reckless disregard and deliberate indifference for Tiffani's rights. 85. As a result of Defendants' conduct, Plaintif�'s rights under the Fourth and Fourteenth Amendments were violated. 86. As a result of Defendants' acts and omissions, Plaintiffhas in the past and will in the future suffer injuries and damages including, but not limited to, emotional pain and trauma 8 � ; � , i � E-FILED 2019 JUL 17 3:59 PM DUBUQUE- CLERK OF DISTRICT COURT i '�� such as mental anguish, humiliation, embarrassment, anger, frustration, disappointment, regret, I despair, and disruption of her peace of mind. I WHEREFORE, Plaintiffdemands judgment against Defendants,jointly and severally, in I an amount which will fully and fairly compensate her for her injuries and damages, for attorney's fees, for prejudgment and postjudgment interest, for appropriate equitable and injunctive relief, for the costs of this action, and for such other relief as may be just in the circumstances. COUNTI� VIOLATION OF THE IOWA CONSTITUTION (CITY OF DUBUQUE AND DUBUQUE COUNTY) 87. Plaintiff repleads and realleges Paragraphs 1 through 86 of this Petition as if fully set forth herein. 88. Defendants City of Dubuque and Dubuque County established, maintained, and/or enforced official policies,patterns, practices, or customs of allowing unreasonable or excessive force,particularly when it comes to treatment of minorities. 89. Defendants' failure to implement or enforce policies demonstrates a deliberate indifference and/or reckless disregard of the rights of Tiffani and those similarly situated to her. 90. Defendants authorized the actions of Scherrman and Freund by failing to enforce and implement policies in a manner which preserves Tiffani's rights and the rights of those similarly situated to her. 91. The City of Dubuque and Dubuque County are charged with the duty to ensure that their law enforcement officers are properly trained and supervised. 92. The City of Dubuque and Dubuque County failed to train and/or properly supervise Scherrman and Freund when they used force against citizens. 93. Scherrman's and Freund's use of excessive force against Tiffani was foreseeable. 9 E-FILED 2019 JUL 17 3:59 PM DUBUQUE- CLERK OF DISTRICT COURT 94. Defendants'failure to train and/or supervise Scherrman and Freund I' ,� demonstrated a reckless disregard and deliberate indifference for Tiffani's rights. ; . . � 95. As a result of Defendants' conduct, Plaintiff's rights under Article I, Sections 1 and � 8,were violated. �� 96. As a result of Defendants' acts and omissions, Plaintiffhas in the past and will in II i;i the future suffer injuries and damages including, but not limited to, emotional pain and trauma �� ,f such as mental anguish, humiliation, embarrassment, anger, frustration, disappointment, regret, ' `i despair, and disruption of her peace of mind. �� 'I il WHEREFORE, Plaintiff demands judgment against Defendants,jointly and severally, in j{ �i � an amount which will fully and fairly compensate her for her injuries and damages, for �,�I i prejudgment and postjudgment interest, for appropriate equitable and injunctive relief,for the j�l� u costs of this action, and for such other relief as may be just in the circumstances. i , JURY DEMAND 1 COMES NOW the Plaintiff and hereby demands a trial by jury. ' i I1 n �' � I; /s/Nathane . Borland '�,i TIMMER&JUDKINS, P.L.L.C. P Brooke Timmer AT0008821 brooke(a�timmer�udkins.com ; Nathan Borland AT0011802 nate c�timinei�udkins.com � 1415 28th Street, Suite 375 West Des Moines, IA 50266 � Telephone: (515) 259-7462 Fax: (515) 361-5390 ATTORNEYS FOR PLAINTIFF , � ; a ' � � � 10 � �