Suit by Antoine ClemmensANTOINE CLEMONS,
v s.
IN IOWA DISTRICT COURT FOR DUBUQUE COUNTY
Plaintiff,
BRIAN WULLWEBER, THE CITY
OF DUBUQUE, and PABLO RAMIREZ,
Defendants.
(SEAL)
PROTECT YOUR INTERESTS.
CASE NO.: 01311 LACV056487
ORIGINAL NOTICE
TO THE ABOVE -NAMED DEFENDANTS:
You are notified that an Amended and Substituted 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
Amended and Substituted Petition at Law (and any documents filed with it) is attached to this
notice. The Amended and Substituted Petition at Law was filed on the l 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
ANTOINE CLEMONS,
v s.
IN IOWA DISTRICT COURT FOR DUBUQUE COUNTY
Plaintiff,
BRIAN WULLWEBER, PABLO
RAMIREZ, and THE CITY OF
DUBUQUE,
Defendants.
CASE NO.: 01311 LACV056487
AMENDED & SUBSTITUTED
PETITION AT LAW
COMES NOW the Plaintiff, Antoine Clemons, in support of Plaintiff's cause of
action against the Defendants, Brian Wullweber, Pablo Ramirez, 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. Pablo Ramirez (hereinafter referred to as "Ramirez ") at all times material
hereto was an employee of the City of Dubuque Police Department and was involved in
arresting Plaintiff using excessive force. Ramirez was motivated to use excessive force in
making the arrest because Clemons is an African American. Ramirez had actual knowledge
of the filing of this lawsuit prior to March 7, 2010.
6. The City of Dubuque is a governmental subdivision of the State of Iowa and
operates a police force, employing Defendants Wullweber and Ramirez.
FACTUAL BACKGROUND
7. On March 7, 2008, Clemons was operating a motor vehicle within the city
limits of Dubuque.
8. 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.
9. 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.
10. 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.
11. At that time, Defendants Wullweber and Ramirez, having no legitimate
reason to do so, were involved in the release of a police dog to attack Clemons.
12. The police dog attacked Clemons, biting him repeatedly on the left arm and
left hip.
13. For a short period of time, Wullweber and /or Ramirez then restrained the
police dog and ordered Clemons to lie flat on the ground. As Clemons was complying with
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the order to lie on the ground, Wullweber and /or Ramirez released the police dog to again
attack Clemons, this time biting Clemons more than once on the top of his head.
14. The police dog attack caused severe and permanent injuries to Clemons,
including physical and mental scarring.
15. The City of Dubuque failed to properly train Wullweber and Ramirez and/or
the attacking police dog; and /or failed to ensure that Wullweber and Ramirez and the
attacking police dog were acting in compliance with police department policy; and /or had
knowledge, actual or constructive, that Wullweber and Ramirez and /or the attacking police
dog had a propensity to use excessive force in effectuating an arrest.
16. The Defendants have a pattern or practice of using excessive force against
African Americans, and were motivated by Clemons' race in effectuating his arrest using
excessive force.
17. At all times material hereto, the Defendants acted under color of state law.
18. Wullweber and Ramirez are responsible for their unconstitutional, and/or
intentional, and/or reckless conduct in violating Clemons' constitutional rights.
19. The City of Dubuque is liable for the wrongful and unconstitutional conduct
of Wullweber and Ramirez 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 the Dubuque Police Department; and /or because of the actual or constructive
knowledge of similar prior unconstitutional acts by Wullweber and Ramirez, and /or the
attacking police dog.
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20. 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
21. Clemons repleads and realleges paragraphs 1 through 20 as fully set forth
herein.
22. 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
by the Fourth and Fourteenth Amendments to the United States Constitution and Article I,
Section Eight, of the Iowa Constitution, as enforced through 42 U.S.C. § 1983.
23. 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, Ramirez, 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.
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herein.
COUNT II - RACE DISCRIMINATION
24. Clemons repleads and realleges paragraphs 1 through 23 as fully set forth
25. 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.
26. 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, Ramirez, 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.
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
-mail: dobrien ' wille .w.com
DAVID A. 0 RIEN, AT0005870
ATTORNEY FOR PLAINTIFF
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