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Suit by Antoine Clemons v Brian Wullweber & CityANTOINE CLEMONS, (SEAL) VS. IN IOWA DISTRICT COURT FOR DUBUQUE COUNTY Plaintiff, BRIAN WULLWEBER and THE CITY OF DUBUQUE, Defendants. TO THE ABOVE -NAMED DEFENDANTS: CASE NO.: U Hi) ORIGINAL NOTICE ( 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 at Law (and any documents filed with it) is attached to this notice. The Petition at Law was filed on the / day of March, 2010. The attorney for the Plaintiff is David A. O'Brien of the law firm of Willey, O'Brien, L.C., whose address is 3519 Center Point Road N.E., Cedar Rapids, Iowa 52402; that attorney's telephone number is (319) 390 -5555; and facsimile number is (319) 378- 1413. 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, at the County Courthouse in Dubuque, Iowa. 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 1 -319- 833 -3332. (If you are hearing impaired, call Relay Iowa TTY at 1- 800 - 735- 2942). CLERK OF COURT Dubuque County Courthouse Dubuque, IA 52004 IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. C) ° O'er a o rn c CD - I 0 _0 �. f n ( _ >o 0 CD ANTOINE CLEMONS, vs. IN IOWA DISTRICT COURT FOR DUBUQUE COUNTY Plaintiff, BRIAN WULLWEBER and THE CITY OF DUBUQUE, Defendants. CASENO.: cv3 Lt \I0564?1 PETITION AT LAW COMES NOW the Plaintiff, Antoine Clemons, in support of Plaintiffs cause o action against the Defendants, Brian Wullweber and the City of Dubuque, states the following: INTRODUCTION 1. This action is brought pursuant to 42 U.S.C. §§ 1981 and 1983; and the Constitution of the United States of America; and the Constitution of the State of Iowa. 2. All of the wrongful and unconstitutional acts alleged below were committed by the Defendants in Dubuque County, Iowa, on or about March 7, 2008. PARTIES 3. At all times material hereto, Plaintiff Antoine Clemons (hereinafter referred to as "Clemons ") was a citizen and resident of Dubuque, Dubuque County, Iowa. Clemons is an African American. 4. Brian Wullweber (hereinafter referred to as "Wullweber ") at all times material hereto was an employee of the City of Dubuque Police Department and was involved in arresting Plaintiff using excessive force. Wullweber was motivated to use excessive force in making the arrest because Clemons is an African American. 5. The City of Dubuque is a governmental subdivision of the State of Iowa and operates a police force, employing Defendant Wullweber. FACTUAL BACKGROUND 6. On March 7, 2008, Clemons was operating a motor vehicle within the city limits of Dubuque. 7. Clemons was initially observed running a red light and initially failed to stop in response to the flashing lights and siren of an approaching police vehicle. 8. After a short period of time, Clemons stopped and left the vehicle he had been driving and continued to attempt to avoid arrest by running on foot. 9. After running for a block or two, Clemons recognized the futility of continuing to attempt to avoid arrest, stopped, turned around, knelt on the ground, and placed his hands above his head. 10. At that time, Wullweber, having no legitimate reason to do so, released a police dog to attack Clemons. 11. The police dog attacked Clemons, biting him repeatedly on the left arm and left hip. 12. For a short period of time, Wullweber then restrained the police dog and ordered Clemons to lie flat on the ground. As Clemons was complying with the order to lie on the ground, Wullweber released the police dog to again attack Clemons, this time biting Clemons more than once on the top of his head. 13. The police dog attack caused severe and permanent injuries to Clemons, including physical and mental scarring. 2 14. The City of Dubuque failed to properly train Wullweber and /or the attacking police dog; and /or failed to ensure that Wullweber and the attacking police dog were acting in compliance with police department policy; and /or had knowledge, actual or constructive, that Wullweber and /or the attacking police dog had a propensity to use excessive force in effectuating an arrest. 15. The Defendants have a pattern or practice of using excessive force against African Americans. 16. At all times material hereto, the Defendants acted under color of state law. 17. Wullweber is responsible for his unconstitutional and /or intentional and/or reckless conduct in violating Clemons' constitutional rights. 18. The City of Dubuque is liable for the wrongful and unconstitutional conduct of Wullweber because such conduct was in accord with the policy, pattern, or practice of the Dubuque Police Department; and /or due to a lack of proper training and supervision by Dubuque; and /or because of the actual or constructive knowledge of similar prior unconstitutional acts by Wullweber and /or the attacking police dog. 19. The actions of the Defendants, in violation of Plaintiff's constitutional rights, constituted a willful and wanton disregard for the rights or safety of the Plaintiff and caused actual damage to the Plaintiff, subjecting the Defendants to punitive damages. COUNT I — UNREASONABLE SIEZURE - EXCESSIVE FORCE 20. Clemons repleads and realleges paragraphs 1 through 19 as fully set forth herein. 21. The Defendants, acting under the color of state law, violated the right of Clemons to be free from the use of excessive force in being placed under arrest as guaranteed 3 by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section Eight, of the Iowa Constitution. 22. The Defendants proximately caused damages, including bruises, gashes, bites and puncture wounds to the arms, body and head, along with permanent scarring; and emotional pain and trauma, past and future to Clemons by the use of excessive force in effectuating his arrest in violation of his rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section Eight, of the Iowa Constitution. WHEREFORE, the Plaintiff Clemons prays for judgment against the Defendants, Wullweber and the City of Dubuque, in an amount which will fully and fairly compensate him for his injuries and damages, for attorney's fees, for interest and costs as allowed by law, for punitive damages and for such other and further relief as may be just in the premises. COUNT II - RACE DISCRIMINATION 23. Clemons repleads and realleges paragraphs 1 through 22 as fully set forth herein. 24. The Defendants, by and thru their own acts under the color of state law, violated the right of Clemons to be free from racial profiling and discrimination as guaranteed by the Thirteenth Amendment to the United States Constitution, and Article I, Section Twenty - Three, of the Iowa Constitution, and 42 U.S.C. § §1981 and 1982. 25. The Defendants proximately caused damages to Clemons by the unlawful use of excessive force in effectuating his arrest, all based upon his race and in violation of his rights guaranteed by the Thirteenth Amendment to the United States Constitution, Article I, Section Twenty - Three, to the Iowa Constitution, and 42 U.S.C. § §1981 and 1982. WHEREFORE, the Plaintiff Clemons prays for judgment against the Defendants, Wullweber and the City of Dubuque, in an amount which will fully and fairly compensate him for his injuries and damages, for attorney's fees, for interest and costs as allowed by law, i for punitive damages and for such other and further relief as may be just in the premises. By: Respectfully submitted, WILLEY, O'BRIEN, L.C. 3519 Center Point Road NE Cedar Rapids, Iowa 52402 Phone: (319) 390 -5555 Fax: (319) 378 -1413 E -mail: dobriene . illeyl. • DAVID A. O'B' N, 1105870 ATTORNEY FOR PLAINTIFF 5