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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 2 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. 3 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. 4 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 5