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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, ) ) ) ) ) ) ) ) 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.