Claim Metcalf, Ronda
BARRY A. LINDA~
CITY ATTORNEY
MEMO
To:
Jeanne Schneider
City Clerk
DATE:
July 5, 2006
RE:
Rhonda Metcalf v. City of Dubuque
Jeanne:
This is an agenda consent item for the July 17, 2006 City Council Meeting.
Enclosure
OFFICE OF THE CITY ATTORNEY DUBUQUE. IOWA
SUITE 330, HARBOR VIEW PLACE. 300 MAIN STREET DUBUQUE. IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuqueorg
Case 2:06-cv-01013 Document 1 Filed 05/16/2006 Page 1 of 6
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION
RONDA METCALF,
Plaintiff,
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NO. cv -D..e...:::..l.
vs.
CITY OF DUBUQUE, and
KAREN SMITH,
Defendants.
COMPLAINT AND
JURY DEMAND
COMES NOW Plaintiff Ronda Metcalf, by and through the undersigned attorneys, and in
support of her Complaint states the following:
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff Ronda Metcalf ("Ronda") is and, at all material times, was a resident of
Dubuque, Iowa.
2. Defendant City of Dubuque is a city located within Dubuque County, Iowa.
3. Defendant Karen Smith is and, at all material times, was a resident of Dubuque,
Iowa and an employee of Defendant City of Dubuque as a police officer.
4. Jurisdiction is premised on 28 V.S.C. 11111343 and 1367.
5. Venue is proper in this District under 28 V.S.C. 11139 I (b) as a substantial part of
the events giving rise to the claim occurred in this district.
FACTUAL ALLEGATIONS
6. On or about May 16,2004, Ronda's daughter, Renee Anderson, was pulled over
by the Dubuque Police Department. Ms. Anderson was transported to the
Dubuque Police Department and administered a breathalyzer where she tested
below the legal limit.
Case 2:06-cv-01 013 Document 1 Filed OSf16f2006 Page 2 of 6
7. The police officer instructed Renee Anderson to call her mother to have her
picked up and returned to her vehicle.
8. Upon arrival at the police department, on or about May 16,2004, Ronda Metcalf
was told that there was a warrant for her arrest and that she was going to be
booked. Ronda Metcalf inquired as to what was going on, but was not given an
explanation.
9. At this time, Karen Smith approached Ronda Metcalf and told her to give Karen
Smith her hands and grabbed her. At this time, Officer Smith told Renee to go
out to the waiting area.
10. Officer Smith then became very rough with Ronda Metcalf.
II. Ronda Metcalf informed Officer Smith that she suffered from systemic lupus and
that Officer Smith was causing her pain. Despite this warning, Officer Smith told
Ronda Metcalf to just be still and continued to forcefully and intentionally
manipulate her hands which resulted in the breaking of Ronda Metcalf's right
hand little finger.
12. The police intended to keep Ronda Metcalfinjail; however, due to her condition
of systemic lupus, and her need for specific medications, she was ultimately
released.
13. On or about May 24,2004, Ms. Metcalf went to receive treatment for her finger
where, during intake, it was determined that it was broken. Later, however, after
x-rays were taken which failed to show the fracture, she was discharged.
14. Ms. Metcalf filed a complaint with the Dubuque Police Department to which
there was no response.
Case 2:06-cv-01013 Document 1 Filed 05/16/2006 Page 3 of 6
15. On or about December 21,2004, Ms. Metcalf went to the doctor for treatment for
her hand again, and after looking at x-rays, the doctor concluded that the finger
had been broken some months before as she had a badly healed fracture.
COUNT I
42 U.S.C. ~ 1983
16. Ronda hereby re-alleges paragraphs 1-15 as if fully set forth herein.
17. Acting under color of State law, the Defendant officer, in her individual and
official capacity, violated the civil rights of Ronda granted to her by the Fourth
and Fourteenth Amendments to the Constitution of the United States by using
force which was clearly excessive in light of the circumstances existing at the
time of the arrest. The defendant officer used excessive force with the intent to
inflict unnecessary harm upon Ronda and such use of force caused physical and
mental injuries to Ronda.
18. Ronda further alleges that the implementation of policies, customs, or official acts
of the Defendant City of Dubuque were a cause of the constitutional violations.
19. Ronda has been damaged as a result of the violation of her civil rights by
Defendants. Damages include past and future pain, suffering and mental anguish,
and medical expenses.
20. Defendant officer's conduct was intentional and or reckless and exhibited a
callous indifference to Ronda's rights entitling Ronda to punitive damages.
WHEREFORE, Ronda demands judgment against Defendants in a fair and reasonable
monetary amount to be determined by the trier of fact, along with punitive damages against the
officer, attorney fees as provided by 42 U.S.C. !l1988, interest as provided by law, and the costs
of this action, as well as such other relief as may be deemed just and equitable in the premises.
Case 2:06-cv-01 013 Document 1 Filed 05/16/2006 Page 4 of 6
COUNT II
ASSAULT AND BATTERY
21. Ronda hereby re-alleges paragraphs 1-20 as iffully set forth herein.
22. Defendant officer committed an assault and battery on Ronda by intentionally and
unlawfully threatening Ronda with present ability to do violence to her; putting
her in reasonable and serious apprehension of a harmful and offensive contact
against her person, and intentionally, maliciously, and unlawfully injuring Ronda
by means of harmful and offensive contact against her person.23. The assault
and battery was a proximate cause of damages to Ronda including past and future
pain, suffering and mental anguish, and medical expenses.
24. The acts of Defendant officer was willful, wanton, and reckless entitling Plaintiff
to punitive damages.
WHEREFORE, Plaintiff demands judgment against Defendants in a fair and reasonable
monetary amount to be determined by the trier of fact, along with punitive damages against the
officer, and interest as provided by law and the costs of this action, as well as such other relief as
may be deemed just and equitable in the premises.
COUNT ill
WRONGFUL ARREST/IMPRISONMENT
25. Ronda hereby realleges paragraphs 1-24 as if fully set forth herein.
26. The Defendant erroneously believed Renee Anderson was under the influence of
alcohol, and based on this belief, wrongfully arrested her.
27. The Defendants unlawfully procured the detention of Ronda on criminal charges
for alleged disorderly conduct and interference with official acts based on their
erroneous belief.
Case 2:06-cv-01013 Document 1 Filed 05/16/2006 Page 5of6
28. The detention of Ronda was against her will and without her consent.
29. The charges brought and the resulting prosecution were without sufficient
probable cause to accuse Ronda of the crimes set out by the officers, and were
brought willfully and wantonly with malice on the part of the Defendants and in
reckless disregard of the rights of Ronda.
30. The actions of the Defendants were a proximate cause of the damages to Ronda,
including the unjust arrest and imprisonment of Ronda; the deprivation of
Ronda's fundamental civil rights; humiliation, embarrassment, and severe mental
and emotional distress; expenses incurred in defending criminal charges; damages
affecting Ronda's reputation and livelihood; and exposure to public hatred,
contempt, and ridicule, entitling her to compensatory and punitive damages in fair
and reasonable amounts to be determined by the trier of fact
WHEREFORE, Plaintiff demands judgment against Defendants in a fair and reasonable
monetary amount to be determined by the trier of fact, along with punitive damages against the
officer, and interest as provided by law and the costs of this action, as well as such other relief as
may be deemed just and equitable in the premises.
JURY DEMAND
COMES NOW, Plaintiff, Ronda Metcalf, by and through her attorneys, Eells & Tronvold
Law Offices, P.L.C., and requests a trial by jury.
/s/ Lew Eells
Lew Eells LIOOOl425
EELLS & TRONVOLD LAW OFFICES, P.L.C.
1921 51"StreetNE
Cedar Rapids, IA 52402
Phone: 319/393-1020 FAX: 319/393-4000
ATIORNEY FOR PLAINTIFF
Case 2:06-cv-01013 Document 1 Filed 05/16/2006 Page 6 of 6
/s/ Jeffrev R. Tronvold
Jeffrey R. Tronvold LIOO 15969
EELLS & TRONVOLD LAW OFFICES, P.L.C.
192151" StreetNE
Cedar Rapids, IA 52402
Phone: 319/393-1020 FAX: 319/393-4000
ATTORNEY FOR PLAINTIFF
Original Filed.