Professional Documents
Culture Documents
Soto 2nd Amended Complaint
Soto 2nd Amended Complaint
1
Jeremy I. Lessem, Esq (SBN 213406)
Jamal L. Tooson, Esq (SBN 261373)
2 Lessem, Newstat & Tooson, LLP
3 3450 Cahuenga Blvd W. Ste. 102
Los Angeles, CA 90068
4
Phone 818-582-3087 | Fax 818-484-3087
5 [email protected]
[email protected]
6
15
SILVIA SOTO, et al, Case No.: 2:19-cv-00910-TLN-DB
16
17 Plaintiffs,
18
vs. SECOND AMENDED COMPLAINT FOR
19 DAMAGES; DEMAND FOR JURY
COUNTY OF SACRAMENTO, TRIAL
20
BLAKE GRINDER, KENNETH
21 LLOYD, JOHN HIGLEY, ANDREW
22
GARSIDE, GREG WHITE, KELLEY 1. Excessive Force – 42 USC §1983
BUNN, GREGORY JOHNSON, 2. Substantive Due Process – 42 USC §1983
23 CHARLES GAILEY, SCOTT JONES, 3. Municipal Liability – 42 USC §1983
4. Survival Action – 42 USC §1983
24 PATRICIA ROBINSON-HARD and 5. Supervisor Liability – 42 USC §1983
Does 1 through 100, et al. 6. Bane Act – Civ. Code §52.1
25
7. Wrongful Death – Negligence
26 Defendants 8. Wrongful Death – Negligent Supervision
9. Battery
27 10. Failure to Provide to Medical Care & Safe
Conditions – 42 USC §1983
28
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I. JURISDICTION AND VENUE
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3
1. This case arises under 42 U.S.C. §1983. Accordingly, subject matter
14
the County of Sacramento.
15 4. Silvia Soto is the legal wife and successor in interest and an heir at law
16 of Marshall Miles, the deceased. Plaintiff is a resident of the State of California
17 and resided within the State of California and the County of Sacramento at all
18 times herein alleged. She brings this claim for herself personally, as Marshall
19 Miles’ successor in interest and heir and as the personal representative of the
20 estate.
21
5. Plaintiff Latanya Andrews is the biological mother of decedent Marshall
22
Miles. At relevant time herein alleged, Plaintiff Andrews was a financial
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dependent of her son Marshall Miles. Plaintiff is a resident of the State of
24
California and resided within the State of California and the County of
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Sacramento at all times herein alleged. She brings this claim for herself
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personally.
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6. Plaintiff M.M.S. is the natural son and successor in interest and an heir at
PLAINTIFFS’ SECOND AMENDED COMPLAINT
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law of Marshall Miles, the deceased. Plaintiff is a resident of the State of
2 California and resided within the State of California and the County of Sacramento
3 at all times herein alleged. He brings this claim for himself personally, by and
4 through his guardian ad litem Silvia Soto, as Marshall Miles’ successor in interest
5 and heir and as the personal representative of the estate.
6 7. Plaintiff M.M.S. is the natural daughter and successor in interest and an heir
7 at law of Marshall Miles, the deceased. Plaintiff is a resident of the State of
8
California and resided within the State of California and the County of Sacramento
9
at all times herein alleged. She brings this claim for herself personally, by and
10
through her guardian ad litem Silvia Soto, as Marshall Miles’ successor in interest
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and heir and as the personal representative of the estate.
12
8. Defendant Scott Jones was, at all times mentioned herein, the Sheriff for
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the city of Sacramento. Defendant Jones was responsible for the selection,
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promotion, supervision, training, discipline and retention of agents and employees
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working within the Sacramento County Sheriff’s Department, including sheriff
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deputies, custodial staff, counselors, advisors, nurses, doctors, physician assistants,
18 medical staff, mental health staff and supervisors; and for the implementation of
19 policies and procedures within the Sacramento County Sheriff’s Department
20 including at the Sacramento County Main Jail. He was further responsible for the
21 care, custody and control of all individuals detained in the Sacramento County
22 Main Jail. Defendant Jones is sued in his individual capacity, as a supervisor for
23 his own culpable action or inaction in the training, supervision or control of his
24 subordinates, or his acquiescence in the constitutional deprivations which this
25 Complaint alleges, or for conduct that showed reckless or callous indifference for
26
others. Defendant Jones’ affirmative conduct involves his knowing failure to
27
ensure enforcement of policies, rules or directives and his failure to train his
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employees about established practices known and implemented throughout the law
2 enforcement and corrections industry which protect detainees from harm. This
3 conduct set in motion a series of acts by others which he knew or reasonably
4 should have known would cause others to inflict injuries, including a constitutional
5 injury, on Marshall Miles.
6 9. Defendant County of Sacramento (“Defendant County”) is a legal and
7 political entity established under the laws of the State of California, with all the
8 powers specified and necessarily implied by the Constitution and the laws of
9 the State of California and exercised by various government agents and
10 officers. Defendant County is responsible for the actions, omissions, policies,
11
procedures, practices, and customs of its various agents and employees. At all
12
relevant times, Defendant County was responsible for ensuring that the actions,
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omissions, policies, procedures, practices, and customs of its employees and
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agents complied with the laws of the United States and of the State of
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California. At all relevant times, Defendant County was the employer of
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Defendants, and the Sacramento County Main Jail was a facility maintained,
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operated staffed and run by Defendant County and its agents. Defendant
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County owns, operates, manages, directs and controls the Sacramento County
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Sheriff’s Department, and the Department of Health Services, which act as
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agencies of Defendant County. Defendant County of Sacramento is vicariously
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liable for Defendants’ wrongful conduct pursuant to Government Code § 815.2.
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his duties as a sheriff deputy for the Sacramento County Sheriff’s Department
2 and with the complete authority and ratification of its principal, Defendant
3 County. In committing the acts alleged herein, Deputy Grinder operated within
4 the scope of his respective employment as a Sacramento County Sheriff deputy
5 and with all the authority and color of law therein.
6 11. Defendant Kenneth Lloyd (“Deputy Lloyd”) is a deputy with the
7 Sacramento County Sheriff’s Department. At all relevant times, Deputy Lloyd
8
was a duly authorized employee and agent of the County of Sacramento,
9
subject to oversight and supervision by Defendant County’s elected and non-
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elected officials. At all times herein, Deputy Lloyd acted with authority and
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color of law and within the perceived course and scope of his duties as a sheriff
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deputy for the Sacramento County Sheriff’s Department and with the complete
13
authority and ratification of its principal, Defendant County. In committing the
14
acts alleged herein, Deputy Lloyd operated within the scope of his respective
15
employment as a Sacramento County Sheriff deputy and with all the authority
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and color of law therein.
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and color of law therein.
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employee and agent of the State of California, subject to oversight and
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supervision by the State of California’s elected and non-elected officials. At all
18 times herein, Officer White acted with authority and color of law and within
19 the perceived course and scope of his duties as an officer for the California
20 Highway Patrol and with the complete authority and ratification of its
21 principal, the State of California. In committing the acts alleged herein, Officer
22 White operated within the scope of his respective employment as a California
23 Highway Patrol Officer and with all the authority and color of law therein.
24
15. Defendant Kelley Bunn (“Sergeant Bunn”) is a sergeant with the
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Sacramento County Sheriff’s Department. At all relevant times, Sergeant Bunn
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was a duly authorized employee and agent of the County of Sacramento,
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subject to oversight and supervision by Defendant County’s elected and non-
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elected officials. At all times herein, Sergeant Bunn acted with authority and
2 color of law and within the perceived course and scope of his duties as a sheriff
3 deputy for the Sacramento County Sheriff’s Department and with the complete
4 authority and ratification of its principal, Defendant County. In committing the
5 acts alleged herein, Sergeant Bunn operated within the scope of his respective
6 employment as a Sacramento County Sheriff deputy and with all the authority
7 and color of law therein. Kelley Bunn was a Sergeant at all relevant times and
8 had direct supervisory responsibility and authority over Officer Defendants
9 Grinder, Lloyd, Higley, and Garside, as well as Officer White.
10
16. Defendant Charles Gailey (“Sergeant Gailey”) is a sergeant with the
11
Sacramento County Sheriff’s Department. At all relevant times, Sergeant
12
Gailey was a duly authorized employee and agent of the County of
13
Sacramento, subject to oversight and supervision by Defendant County’s
14
elected and non-elected officials. At all times herein, Sergeant Gailey acted
15
with authority and color of law and within the perceived course and scope of
16
his duties as a sheriff deputy for the Sacramento County Sheriff’s Department
17
and with the complete authority and ratification of its principal, Defendant
18
19
County. In committing the acts alleged herein, Sergeant Gailey operated within
20
the scope of his respective employment as a Sacramento County Sheriff deputy
21 and with all the authority and color of law therein. Charles Gailey was a
22 Sergeant at all relevant times and had direct supervisory responsibility and
23 authority over Officer Defendants Grinder, Lloyd, Higley, and Garside, as well
24 as Officer White.
25 17. Defendant Gregory Johnson (“Sergeant Johnson”) is a sergeant with the
26
Sacramento County Sheriff’s Department. At all relevant times, Sergeant
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Johnson was a duly authorized employee and agent of the County of
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Sacramento, subject to oversight and supervision by Defendant County’s
PLAINTIFFS’ SECOND AMENDED COMPLAINT
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elected and non-elected officials. At all times herein, Sergeant Johnson acted
2 with authority and color of law and within the perceived course and scope of
3 his duties as a sheriff deputy for the Sacramento County Sheriff’s Department
4 and with the complete authority and ratification of its principal, Defendant
5 County. In committing the acts alleged herein, Sergeant Johnson operated
6 within the scope of his respective employment as a Sacramento County Sheriff
7 deputy and with all the authority and color of law therein. Gregory Johnson
8 was a Sergeant at all relevant times, was the acting watch commander at all
9 relevant times, and had direct supervisory responsibility and authority over
10 Officer Defendants Garside, Lloyd, Higley, and Garside, as well as Officer
11
White.
12
18. Defendant Patricia Robinson Hard is a nurse employed by Defendant
13
County through its Department of Health Services and assigned to Correctional
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Health Services at the Main Jail. At all relevant times, Defendant Robinson
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Hard was a member of the medical staff assigned at the Main Jail with the
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responsibility of evaluating detainees to determine whether such detainees
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could safely be detained without clearance by a medical facility. Defendant
18
19
Robinson Hard is a duly authorized employee and agent of the County of
20
Sacramento, subject to oversight and supervision by Defendant County’s
8
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manner responsible for the acts and omissions alleged herein, and Plaintiffs will
2 ask leave of this Court to amend the Complaint to allege such names and
3 responsibility when that information is ascertained.
4 20. Plaintiffs are informed and believe, and thereon allege, that, at all times
5 herein mentioned, each of the Defendants was the agent and/or employee and/or
6 co-conspirator of each of the remaining Defendants, and in doing the things
7 hereinafter alleged, was acting within the scope of such agency, employment
8
and/or conspiracy, and with the permission and consent of other co-Defendants.
9
Each paragraph of this Complaint is expressly incorporated into each cause of
10
action which is a part of this Complaint. The acts and omissions of all Defendants
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were engaged in maliciously, callously, oppressively, wantonly, recklessly, and
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with deliberate indifference to the rights of Decedent and Plaintiffs.
13
21. Plaintiffs are informed, believe, and thereon allege that at all times material
14
herein, each fictitiously named Defendant, was either the true Defendant or the
15
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agent and employee of each other Defendant and in doing the things alleged
17
herein, was acting within the scope and purpose of such agency and with the
18 permission and consent of, and their actions were ratified by, the other Defendants.
19 22. Additionally, Defendants Bunn, Gailey, Johnson, Jones and one or more of
20 Does 1-100 are liable for Plaintiffs’ injuries under federal law principles of 42 U.S.C.
21 § 1983 supervisory liability because, in their role as supervisors, they acted, or failed
22 to act, in a manner that was deliberately indifferent to Plaintiffs’ (and decedent’s)
23 constitutional rights, based on their knowledge of and acquiescence in
24 unconstitutional conduct that caused Mr. Miles’ death and Plaintiffs’ injuries. Starr
25 v. Baca (9th Cir. 2011) 652 F.3d 1202.
26
III. FACTS RELEVANT TO ALL CAUSES OF ACTION
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23. Marshall Miles was 36 years old and in good health. He lived with his
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wife Silvia Soto and his two biological children, Marcelo and Marlenie. He
2 also took care of his mother, Latanya Andrews, who was financially dependent
3 on decedent at the time of his death. The entire family had a deep meaningful
4 and loving relationship.
5 24. On October 28, 2018 at approximately 8:30pm, Marshall Miles was
6 arrested by California Highway Patrol Officer Defendant White, in the city of
7 North Highlands, County of Sacramento, on suspicion of vandalism and public
8
intoxication. During the course and scope of the arrest, Defendant White
9
violently forced Marshall Miles onto his stomach and drove a knee into his
10
back. This act caused substantial pain and injury to Mr. Miles’ stomach, back
11
and neck areas. This use of force was unnecessary, excessive and contrary to
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department training and policy. At the time of the use of Mr. Miles was not a
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threat to the officer nor forcibly resisting the officer’s commands.
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25. Marshall Miles was booked into custody at the Sacramento County Main
15
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Jail at approximately 9:46pm.
17 26. When Marshall Miles arrived at the Sacramento County Main Jail he
18 was in the custody and control of Defendant White and at least two deputies
19 with the Sacramento County Sheriff’s Department. Upon being delivered to the
20 garage area of the jail facility, Mr. Miles became agitated and upset because of
21 the violent treatment against him. As a result of this agitation, several
22 additional deputies from the Sacramento County Sheriff’s Department arrived
23 to assist the attending deputies. These deputies include, but are not limited to,
24
Defendants Grinder, Lloyd, Higley and Garside. Additionally, at this time,
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supervisory Defendants Sergeant Kelley Bunn and Sergeant Charles Gailey,
26
joined these deputies to supervise, manage and control the arrest and
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transportation of Decedent Marshall Miles. At this time, these deputies from
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both the California Highway Patrol and the Sacramento County Sheriff’s
2 Department pinned Marshall Miles face down to the ground, applied a hogtie
3 restraint, a dangerous device not approved by law enforcement agencies, and
4 physically carried him face down to the arrest report room of the Sacramento
5 County Main Jail.
6 27. While on the ground inside the arrest report room area of the jail,
7 Defendant Deputy Garside joined previously named Defendants White,
8
Grinder, Lloyd, and Higley in forcibly holding down Mr. Miles by placing
9
their knees into the back, neck and head of Mr. Miles. This was done while Mr.
10
Miles was positioned face down on his stomach. While being pinned down to
11
the ground with the full body weight of these aforementioned officers, Mr.
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Miles’ ankles and wrists remained shackled and handcuffed. During this
13
process, Marshall Miles explicitly told officers that he couldn’t breathe.
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However, no effort was made by officers to listen to Mr. Miles’ complaints.
15
Mr. Miles was left in this position for an excessive period of time causing
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pressure to his lungs, airway, and other vital organs impeding his respiration.
17
18 28. While on the ground inside the arrest room, Nurse Patricia Robinson
19 Hard attempted to take a blood pressure and pulse reading of Miles while he
20 lay on the floor, face down, restrained at the ankles and wrists with the
21 aforementioned Officers on top of him and numerous other persons, both
22 officers and civilians, present to observe. Nurse Robinson Hard could not and
23 did not make any physical evaluation of Miles’s conditions and did not ask him
24 any questions. Nurse Robinson Hard did not object to this setting and
25 circumstances which she knew or should have known was completely
26
inappropriate for a sufficient and accurate clinical evaluation and care. The
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purported evaluation of Miles lacked any and all privacy protections Miles
28
should have been afforded. Nurse Robinson Hard then approved Miles for
PLAINTIFFS’ SECOND AMENDED COMPLAINT
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admission to the Jail when he clearly needed some, and certainly greater,
16 31. Once Marshall Miles was carried to segregation cell three, Defendant
17 Deputies and Officers, including but not limited to, Defendants Grinder,
18 Higley, Garside, and Lloyd, placed Mr. Miles face-down on the floor of the
19 cell. While unshackling Mr. Miles, defendant deputies, in full gear, placed their
20 knees on his back, neck legs and head, and applied pressure using their full
21 body weight. While placed in this position, the pressure applied to Mr. Miles’
22 back and neck area caused his chest and lungs to compress to the point that Mr.
23 Miles could no longer breathe. While this force was being applied, Mr. Miles
24
stopped breathing and lost consciousness. During this time, Supervisory
25
Defendants Sergeants Johnson, Bunn and Gailey did nothing to prevent these
26
actions or in any attempt to intervene in actions likely to cause serious bodily
27
injury or death.
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32. For several minutes after Mr. Miles lost consciousness, Defendant Officers
2 failed to even notice that Mr. Miles was no longer communicating or breathing.
3 Instead, they continued to apply force while additional officers attempted to
4 remove the shackles from his wrists and ankles. Once the shackles were finally
5 removed, Defendant Officers left Marshall Miles unconscious and unattended,
6 face-down on the concrete floor of the cell. Before exiting the cell, none of the
7 officers attempted to check Mr. Miles’ pulse or otherwise ascertain his wellbeing.
8
33. Marshall Miles laid lifeless on the concrete floor of segregation cell three
9
without moving, in full view of all Defendant Deputies and Supervisors, as well as
10
numerous other law enforcement personnel, for approximately one full minute.
11
When law enforcement personnel finally decided to re-enter his cell it was already
12
too late. Mr. Miles was unconscious and had stopped breathing.
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34. Upon re-entering the cell, law enforcement personnel attempted to
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resuscitate Mr. Miles. The paramedics were called, and Mr. Miles was transported
15
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to Sutter Medical Center. Mr. Miles never regained consciousness and was
17
pronounced dead at Sutter Medical Center on November 1, 2018.
18 35. At Sutter Medical Center, attending physicians determined that Mr. Miles
19 suffered diffuse anoxic brain injury, due to suffocation, which led to brain death on
20 October 29, 2018.
21 36. At the time of Mr. Miles’ admission to Sutter Medical Center, attending
22 officers failed to inform medical personnel that force had been applied to Mr.
23 Miles at the time of his losing consciousness, thereby preventing medical staff
24
from being fully informed of the patient’s medical circumstances. This omission
25
was intentional, and adversely affected the medical care provided.
26
37. At all relevant times, Defendant Grinder, Defendant Bunn, Defendant
27
Gailey, Defendant Lloyd, Defendant Higley, Defendant Johnson, Defendant
28
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Garside, and Defendant White were aware, or should have been aware, that Mr.
14
Deputy Garside, Officer White, Sheriff Jones, Does 1 through 100 and other
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forth in the preceding paragraphs were a motivating force behind the violations of
22
lost consciousness as a result of the force applied by officers. Such conduct
23 constituted excessive force under the circumstances known to the officers at the
24 time.
25 44. At all times relevant hereto, defendants were acting in the course and scope
26 of their employment with Defendant County.
27 45. As a result of their conduct, Defendants are liable for Mr. Miles’ injuries,
28 either because they were integral participants in the misconduct, because they
PLAINTIFFS’ SECOND AMENDED COMPLAINT
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failed to intervene when they had the opportunity to do so to prevent these
22
damages as above alleged.
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52. At all times relevant hereto, defendants were acting in the course and scope
22
stated according to proof.
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60. As a legal, direct and proximate cause of the conduct of Defendants,
22
practices and customs to subject detained individuals at the Sacramento County
18
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Department, including its main jail staff as set forth above, were known, or should
2 have been known to the policy makers responsible for the County of Sacramento,
3 and occurred with deliberate indifference to either the recurring constitutional
4 violations elaborated above, and/or to the strong likelihood that constitutional
5 rights would be violated as a result of failing to train, supervise or discipline in
6 areas where the need for such training and supervision was obvious.
7 66. The actions of the Sacramento County Sheriff’s Department, including its
8 sheriff deputies and civilian staff, set forth herein, were a motivating force behind
9 the violations of Plaintiffs’ constitutional rights as set forth in this Complaint.
10 67. As a direct and proximate result of Defendant Sacramento County’s acts and
11
omissions, condoning, encouraging, ratifying and deliberately ignoring the pattern
12
and practice of Defendant Does 1-100 acts and omissions, Plaintiffs sustained
13
injury and damage as set forth herein.
14
68. As a result of Defendants’, and each of their, violations of decedent Marshall
15
Miles’ constitutional rights as set forth herein, Plaintiffs were damaged as alleged
16
above.
17
VII. FOURTH CAUSE OF ACTION SURVIVAL ACTION –
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DEPRIVATION OF CIVIL RIGHTS, 42 U.S.C. § 1983
19
Against Defendants Grinder, Bunn, Johnson, Gailey, Lloyd, Higley, Garside,
20
White, Jones and Does 1 through 100
21
22
69. Plaintiffs repeat, reallege, and incorporate each and every allegation
23 contained in each of the paragraphs above, as though fully set forth herein.
24 70. Plaintiffs Silvia Soto, Marcello M.S., and Marlenie M.S., through their
25 guardian ad litem, are the Successors in Interest and Personal Representatives of
26 the Estate of Marshall Miles.
27 71. As set forth throughout this complaint, Defendants Grinder, Lloyd, Higley,
28 Garside, White, and Does 1 through 100, used excessive force and failed to
PLAINTIFFS’ SECOND AMENDED COMPLAINT
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provide safe conditions of confinement and needed medical care. The Defendants’
2 use of excessive force, as set forth above, was the direct and proximate cause of
3 Marshall Miles’ injuries prior to death and death. The Supervisor Defendants,
4 including Defendants Bunn, Johnson, Gailey, Jones and Does 1 through 100, were
5 also an actual and proximate cause of Mr. Miles’ death, in that they failed to
6 adequately supervise and train the Officer Defendants, they recklessly disregarded
7 the probability that this lack of supervision and training would result in the
8 violation of constitutional rights, and this lack of supervision and training actually
9 resulted in the violation of constitutional rights, knew or reasonably should have
10 known that that the Officer Defendant’s conduct would deprive Decedent and
11
Plaintiffs of their rights, and failed to prevent the Officer Defendants’ conduct, to
12
wit, Miles’ right to be free from excessive force, as well as his right to be free from
13
punishment without due process and cruel and unusual punishment and the Officer
14
Defendants’ failure to provide safe conditions of confinement and needed medical
15
care.
16
72. As a result of the conduct of Defendants as more fully described above, the
17
Estate of Marshall Miles has suffered and continues to suffer injuries and damages
18
as set forth in the Damages section of this complaint, including but not limited to
19
economic damages and medical bills.
20
73. The Officer Defendants, including Defendants Grinder, Lloyd, Higley,
21
22
Garside, White and Does 1 through 100, who used excessive force against
23 Marshall Miles, leading to his death, and the Supervisor Defendants, including
24 Bunn, Johnson, Gailey and Does 1 through 100, who failed to adequately supervise
25 and train the Officer Defendants, were acting within the course and scope of their
26 employment with their respective public entity employers at the time they engaged
27 in the above-referenced misconduct.
28 74. Those damages, as allowed by California Code of Civil Procedure § 377.30
PLAINTIFFS’ SECOND AMENDED COMPLAINT
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and 377.34, include, but are not limited to, the Decedent’s pain and suffering,
2 emotional distress, and economic harm and losses, as set forth in the “Damages”
3 section below and the Prayer for Relief.
4 VIII. FIFTH CAUSE OF ACTION FAILURE TO SUPERVISE AND TRAIN
5 CAUSING CONSTITUTIONAL VIOLATIONS – DEPRIVATION OF
6 CIVIL RIGHTS, 42 U.S.C. § 1983
7 Against Supervisory Defendants Bunn, Gailey, Johnson, Jones and Does 1
8 through 100
9 75. Plaintiffs repeat, reallege, and incorporate each and every allegation
10 contained in each of the paragraphs above, as though fully set forth herein.
11
76. At all times relevant hereto, the Supervisor Defendants acted under the color
12
of state law and were acting in the course and scope of their employment with
13
Defendant County, which duties included supervision of subordinate officers.
14
77. The Officer Defendants, including Deputy Grinder, Deputy Lloyd, Deputy
15
Higley, Deputy Garside, Officer White and Does 1 through 100, lacked adequate
16
supervision and training to appropriately handle their encounter with Miles,
17
resulting in the violation of Miles’ right to be free from unreasonable seizures
18
through the use of excessive force, as well as his right to be free from punishment
19
without due process and cruel and unusual punishment.
20
78. The Supervisor Defendants, including Sergeant Bunn, Sergeant Johnson,
21
22
Sergeant Gailey, Sheriff Jones and Does 1 through 100, were deliberately
21
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79. The Supervisor Defendants’ failure to adequately supervise and train the
2 Officer Defendants was a moving force in causing Miles’ death. That is, this lack
3 of adequate supervision and training was both an actual and proximate cause of the
4 violation of Miles’ right to be free from excessive force and free from punishment
5 without due process and cruel and unusual punishment.
6 80. As a legal result of the conduct of Defendants Bunn, Johnson, Gailey, Jones
7 and Does 1 through 100, as described above, plaintiffs were damaged as alleged
8 herein and as set forth above.
9 IX. SIXTH CAUSE OF ACTION VIOLATION OF THE BANE CIVIL
10 RIGHTS ACT
11
Against Defendants Grinder, Lloyd, Higley, Garside, White and Does 1
12
through 100
13
81. Plaintiffs reallege each of the paragraphs above, as well as any subsequent
14
paragraphs contained in the Complaint, as if fully set forth herein.
15
82. On or about the above stated dates, Defendant Grinder, Lloyd, Higley,
16
Garside, White and Does 1 through 100, inclusive, violated Decedent’s and
17
Plaintiffs’ civil rights, guaranteed by the United States Constitution, federal law,
18
the California Constitution and the laws of the State of California thereby violating
19
California Civil Code Sections 52, 52.1(a) and 52.1(b).
20
83. Defendants intentionally interfered with the Decedent’s and Plaintiffs’ civil
21
22
rights by committing intentional and repeated violent acts upon the Decedent as
23 described herein.
24 84. Defendants interfered with or attempted to interfere with Plaintiffs’ and
25 Decedent’s right to be free from state actions that deprive them of life, liberty, or
26 property by threatening or committing violent acts. Defendants used threats,
27 intimidation and coercion against the Decedent, and in doing so engaged in a
28 violation of Decedent’s constitutional right to life and liberty.
PLAINTIFFS’ SECOND AMENDED COMPLAINT
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85. Defendants interfered with or attempted to interfere with Plaintiffs’ right to
22
NEGLIGENCE
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Complaint.
2 94. Defendants failed to exercise ordinary care for Marshall Miles’ reasonable
3 security and welfare, in that they failed to properly evaluate his medical condition
4 prior to and upon admission to the Jail, failed to communicate relevant health
5 information to others, failed to monitor his health before, during, and after
6 applying significant force to his head, neck and chest area, despite repeated
7 warnings from Mr. Miles that he was having trouble breathing as a result of
8 Defendants actions, used restraint devices and control holds outside of the relevant
9 standard of care and failed to use available alternative restraint devices that would
10 not impair Miles’ welfare consistent with the relevant standard of care. Once Mr.
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Miles was observed lying motionless and appeared not be breathing, Defendants
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failed to take any remedial action, or attend to Decedent in any way, for
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approximately one minute. During this time Decedent’s medical condition was
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permitted to worsen, ultimately leading to his death.
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95. Once the care and treatment of Marshall Miles was taken over by medical
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professionals, Defendant attending officers, including Defendants Grinder, Bunn,
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Johnson, Gailey, Lloyd, Higley, Garside, White, Jones and Does 1 through 100,
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failed to inform medical personnel that force had been applied to Mr. Miles at the
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time of his losing consciousness, thereby preventing paramedic and ultimately
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hospital medical staff from being fully informed of the patient’s medical
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circumstances.
23 96. At all times relevant hereto, defendants were acting in the course and scope
24 of their employment with Defendant County.
25 97. As a direct and proximate cause of the negligence of said Defendants, and
26 each of them, decedent Marshall Miles was hurt and injured in his health, strength,
27 and activity, and ultimately died on or about November 1, 2018. He suffered
28 unjustifiable and substantial physical pain and mental suffering before his death.
PLAINTIFFS’ SECOND AMENDED COMPLAINT
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98. As a direct and legal result of the medical negligence of said Defendants,
2 and each of them, Plaintiffs have been deprived of decedent’s love, care, comfort,
3 affection, society, presence, companionship, protection, future support, financial
4 support and services, and a loss of intangible qualities of the spousal and familial
5 relationship. The foregoing has caused Plaintiffs to suffer economic and non-
6 economic damages.
7 99. As a further direct and legal result of the death of Marshall Miles, Plaintiffs,
8 as successors in interest to the decedent, have incurred and are responsible for the
9 payment of funeral, burial expenses, and other related expenses following his
10 death.
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100. As a further direct and legal result of the negligence of said defendants, and
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each of them, decedent Marshall Miles was killed, and Plaintiffs sustained the
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damages as above alleged.
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XI. EIGHTH CAUSE OF ACTION WRONGFUL DEATH - NEGLIGENT
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SUPERVISION AND TRANING
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Against All Supervisor Defendants, Sheriff Jones, and Defendant County
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101. Plaintiffs re-allege and incorporate herein by reference each and every
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allegation and statement contained in the prior paragraphs.
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102. At the time of their interaction with Marshall Miles on October 28, 2018, the
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Officer Defendants, including Grinder, Lloyd, Higley, Garside, White and Does 1
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through 100, were unfit and/or incompetent to perform their duties as Sacramento
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lack of supervision and training actually and proximately resulted in Miles’ death.
2 105. The Supervisor Defendants’ failure to supervise and train the Officer
3 Defendants was a substantial factor in causing Miles’ death.
4 106. Because the Supervisor Defendants’ duty to supervise and train the Officer
5 Defendants falls within the course and scope of the Supervisor Defendants’ duties
6 as Sacramento County Sheriff and Sergeants, Sacramento County, pursuant to
7 Government Code § 815.2, is vicariously liable for the harm arising from the
8 Supervisor Defendants’ failure to supervise and train the Officer Defendants.
9 XII. NINTH CAUSE OF ACTION BATTERY
10 Against Defendants Grinder, Lloyd, Higley, Garside, White and Does 1
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through 100
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107. Plaintiffs reallege each of the paragraphs above, as well as any subsequent
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paragraphs contained in the Complaint, as if fully set forth herein.
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108. Defendants Grinder, Lloyd, Higley, Garside, White and Does 1 through 100,
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while working as law enforcement officers for their employers, public entities, and
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acting within the course and scope of their duties, intentionally attacked and
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brutalized Decedent Marshall Miles when they violently forced Marshall Miles
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onto his stomach and drove a knee into his back at the time of his arrest, as
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well as when they forcibly held Mr. Miles down by placing their knees into the
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back, neck and head of Mr. Miles. This was done on at least two occasions
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during the booking process while Mr. Miles was positioned face down on his
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110. As a proximate cause of the unlawful assault by Defendants, Decedent was
2 severely injured and killed, thereby causing Plaintiffs to sustain the losses and
3 damages as alleged in this complaint, including but not limited to pain and suffering,
4 emotional distress, loss of companionship and society, and economic harm,
5 including loss of economic assistance for the necessaries of life, as set forth in the
6 Damages section of this complaint and requested in the Prayer for Relief.
7 111. A reasonable person in Decedent’s situation would have been offended by
8 the touching and offended by the unnecessary attack.
9 112. Plaintiffs allege that the acts and omissions of the Defendants were willful,
10 malicious, intentional, oppressive, reckless, and/or were done in conscious
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disregard of Mr. Miles’ rights, welfare and safety, thereby justifying the award of
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punitive and exemplary damages in an amount to be determined at trial.
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XIII. TENTH CAUSE OF ACTION - 42 U.S.C. § 1983
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FAILURE TO PROVIDE ADEQUATE MEDICAL CARE
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Against All Defendants except for Defendant County and Does 1 - 100
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113. Plaintiffs reallege each of the paragraphs above, as well as any subsequent
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paragraphs contained in the Complaint, as if fully set forth herein.
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114. Defendants acted under color of law within the course and scope of their
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duties when they acted or failed to act which resulted in the deprivation of a
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constitutional right or federal statutory right.
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115. Decedent has a right under the Fourteenth Amendment to safe conditions of
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sufficiently monitor his health and welfare, used techniques, protocols, and
2 practices which impaired his medical condition, and failed to comply with their
3 own training and policies in a manner which impaired his medical condition.
4 117. Defendants failed to take reasonable available measures to reduce the risk of
5 harm including following their own training and policies, providing a sufficient
6 medical evaluation, taking him to the appropriate level of medical care, and using
7 alternative restraint devices and protocols to reduce harm.
8 118. Defendants obvious failures to take such measures caused the Decedent’s
9 and Plaintiffs’ injuries.
10 XIII. PRAYER FOR RELIEF
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Wherefore, Plaintiffs request entry of judgment in their favor and against
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Defendants as follows:
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1. For general and compensatory damages, in a sum according to proof at trial;
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2. For special damages in an amount according to proof;
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3. For punitive and exemplary damages against each individual and Doe
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Defendant, but not against Defendant County or State, in an amount
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according to proof;
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4. For interest as allowed by law;
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5. For cost of suit including attorney’s fees pursuant to 42 U.S.C. § 1988 and
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California Civil Code §52.1 et seq.; and
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6. For such other and further relief as the court may deem proper.
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7 JURY DEMAND
8 Plaintiffs hereby demand trial by Jury on all issues so triable.
9 LESSEM, NEWSTAT, & TOOSON, LLP.
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DATED: April 3, 2020 By:
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____/S/ Jeremy Lessem______________
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Jeremy I. Lessem
14 Attorney for Plaintiffs
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