Case 2:15-cv-00043-SRB Document 1 Filed 01/09/15 Page 1 of 9

1 Joel B. Robbins, Esq. (011065)

Anne E. Findling, Esq. (010871)
2 ROBBINS & CURTIN, p.l.l.c.
3 301 East Bethany Home, #B-100
Phoenix, AZ 85012
4 Tel: 602-285-0100
5 Fax: 602-265-0267
[email protected]
6 [email protected]
Attorneys for Plaintiffs Manuel Jr. and
7 Christian Longoria
8 Marc D. McCain, Esq.
Joseph M. Leal III, Attorney Darius Bursh, Esq.
9 COLE & LEAL Mc CAIN & BURSH, PLC
420 W. Casa Grande Lakes Blvd. N. 7420 E. Pinnacle Peak Rd., #124
10
Casa Grande, AZ 85122 Scottsdale, AZ 85255
Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

11 Tel: 520-836-8002 Telephone: (602) 604-2166

Fax: 520-836-3212 Facsimile: 1 (888) 898-5738
301 East Bethany Home Road, Suite B-100

12
ROBBINS & CURTIN, P.L.L.C.

[email protected] [email protected]
13 Attorneys for Plaintiff Lynnette Longoria Attorneys for Plaintiff Sanisya Lott
Phoenix, Arizona 85012

14 IN THE UNITED STATES DISTRICT COURT

15 FOR THE DISTRICT OF ARIZONA
16 Christian Longoria, a single man, on behalf
of himself as son of decedent Manuel O. No. 2:15-CV-00043-PHX-SRB
_________________
17
Longoria, and on behalf of all statutory
18 beneficiaries of decedent Manuel O.
Longoria; COMPLAINT
19 Manuel Longoria, Jr., a single man;
20 Lynnette Longoria, a single woman;
P.C.L., a minor; Jury Trial Demanded
21 T.A.L., a minor;
K.R.L., , a minor;
22
Sanisya Lott, a single woman;
23 T.L., a minor; and
A.L., a minor
24
25 Plaintiffs,
vs.
26
Pinal County, a political subdivision of the
27
State of Arizona;
28 Paul Babeu, in his official capacity as
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 Case 2:15-cv-00043-SRB Document 1 Filed 01/09/15 Page 2 of 9

1 Sheriff of Pinal County, Arizona;

Heath Rankin, in his individual capacity as
2 a Deputy Sheriff of Pinal County, Arizona;
3 John Does and Jane Does I through X,

4 Defendants.
5
6 Plaintiffs, by and through undersigned counsel, for their cause of action
7 against the Defendants herein, allege as follows. Any allegations made herein as to
8 liability are made by and on behalf of all Plaintiffs; any allegations made by
9 individual Plaintiffs are made by and on behalf of that Plaintiff only.
10 PARTIES
Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

11 1. Manuel O. Longoria was a resident of Maricopa County, Arizona.

301 East Bethany Home Road, Suite B-100

12
ROBBINS & CURTIN, P.L.L.C.

Manuel O. Longoria died on January 14, 2014 in Pinal County, Arizona as a result
13 of an encounter with the Pinal County Sheriff’s Office.
Phoenix, Arizona 85012

14 2. Plaintiff Christian Longoria is a resident of Pinal County, Arizona and

15 is a surviving son of decedent Manuel O. Longoria.
16 3. Plaintiff Manuel Longoria, Jr., is a resident of Pinal County, Arizona
17 and is a surviving son of decedent Manuel O. Longoria.
18 4. Plaintiff Lynnette Longoria alleges that she was the wife of decedent
19 Manuel O. Longoria, and the mother of their three common minor children P.C.L,
20 T.A.L., and K.R.L.
21 5. Sanisya Lott is an ex-wife of decedent Manuel O. Longoria. T.L. and
22 A.L. are minor children of Sanisya Lott who are surviving children of, and statutory
23 beneficiaries of, the decedent Manuel O. Longoria.
24 6. Pinal County is a political subdivision of the State of Arizona,
25 organized and existing under the laws of the State of Arizona, and as such, is
26 responsible for the acts and omissions of its employees acting in the scope and
27 course of their employment under the doctrine of respondeat superior. Plaintiffs do
28 not assert respondeat superior liability for purposes of their Civil Rights claims
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 Case 2:15-cv-00043-SRB Document 1 Filed 01/09/15 Page 3 of 9

1 under 42 U.S.C. § 1983.

2 7. Defendant Paul Babeu is the duly elected sheriff of Pinal County,
3 Arizona, and is named in his official capacity. Sheriff Babeu is responsible for the
4 acts and omissions of his employees, including officers and other employees of the
5 Pinal County Sheriff’s Office, acting in the scope and course of their employment
6 under the doctrine of respondeat superior. Plaintiffs do not assert respondeat
7 superior liability for purposes of their Civil Rights claims under 42 U.S.C. § 1983.
8 8. Upon information and belief, Defendant Heath Rankin is an individual
9 who resides in Pinal County, Arizona and is employed by Pinal County and Sheriff
10 Paul Babeu as a Deputy Sheriff in the Pinal County Sheriff’s Office. All of the
Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

11 actions, omissions, or other conduct of Defendant Heath Rankin as described in this

301 East Bethany Home Road, Suite B-100

12 Complaint were undertaken within the scope and course of his employment with the
ROBBINS & CURTIN, P.L.L.C.

13 Pinal County Sheriff’s Office.

Phoenix, Arizona 85012

14 9. For purposes of Plaintiff’s claims pursuant to the Civil Rights Act of

15 1871, 42 U.S.C. §1983 (“section 1983”), Heath Rankin is named herein in his
16 individual capacity. Heath Rankin is a state actor for purposes of section 1983.
17 10. Defendants John and Jane Does I-X, on information and belief, are
18 married and residing in the State of Arizona, and at all times relevant hereto were
19 acting in furtherance of their marital communities. Upon information and belief,
20 said Defendants have helped to cause the incidents alleged herein. The true names
21 of John and Jane Does I-X are not known but will be provided to this Court as they
22 are learned.
23 JURISDICTION AND VENUE
24 11. This action arises under the Constitution of the United States,
25 particularly the Fourth and Fourteenth Amendments, and under the laws of the
26 United States, particularly the Civil Rights Act, 42 U.S.C. § 1983, and under
27 Arizona law.
28 12. This Court has jurisdiction over Plaintiffs’ federal civil rights claims
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1 pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1343, and 28 U.S.C. § 144.

2 13. This Court has supplemental jurisdiction over claims arising under the
3 laws of the State of Arizona pursuant to 28 U.S.C. § 1367(c).
4 14. The acts complained of herein occurred within Pinal County, State of
5 Arizona. All Defendants currently reside, or resided at relevant times, within the
6 State of Arizona. Thus, venue is proper in the District of Arizona pursuant to 28
7 U.S.C. §1391(b).
8 15. As to Plaintiffs’ claims under Arizona state law, Plaintiffs served a
9 timely notice of claim upon Defendants pursuant to A.R.S. § 12-821.01, which
10 complied in all ways with the statute, was timely served, and deemed denied by
Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

11 operation of statute.
301 East Bethany Home Road, Suite B-100

12 FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

ROBBINS & CURTIN, P.L.L.C.

13 16. The Pinal County Sheriff’s Office is charged with the management of
Phoenix, Arizona 85012

14 law enforcement activities throughout Pinal County, Arizona.

15 17. Manuel O. Longoria was born on September 20, 1973 and died on
16 January 14, 2014 at the age of 40. At the time of his death he was residing in
17 Maricopa County, Arizona, and had several children: Manuel Longoria, Jr., age 22,
18 and Christian Longoria, age 21, both of whom reside in the city of Casa Grande in
19 Pinal County, Arizona; and three minor daughters born in common with Plaintiff
20 Lynnette Longoria, to-wit: P.C.L, T.A.L., and K.R.L.; and two minor children in
21 common with Sanisya Lott, to-wit: T.L. and A.L.
22 18. On January 14, 2014, Manuel O. Longoria Sr. was the driver of an
23 automobile in Pinal County, Arizona.
24 19. After observing Mr. Longoria commit a traffic infraction, an Eloy
25 Police officer began pursuing him.
26 20. Longoria ignored the requests of Eloy Police to pull over, but instead
27 continued driving with the police in pursuit.
28 21. A number of officers from the Pinal County Sheriff’s Department also
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1 joined in the pursuit of Longoria and the attempts to stop his vehicle and apprehend
2 him.
3 22. At approximately 1253 hours Longoria stopped and exited his vehicle
4 in the presence of Eloy police officers; however, he would not comply with their
5 requests to raise his hands. He then reentered his vehicle and continued to attempt
6 to elude the officers.
7 23. Eloy Police Sergeant Tarango contacted his office and specifically
8 requested that other officers respond to the scene with “less lethal” weapons such as
9 tazers and bean bag shotguns in an effort to apprehend Longoria while causing as
10 little injury to him as possible.
Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

11 24. At approximately 1331 hours Pinal County Sheriff employees were

301 East Bethany Home Road, Suite B-100

12 ordered by radio to cease their participation in the Longoria pursuit and leave the
ROBBINS & CURTIN, P.L.L.C.

13 matter up to the Eloy Police Department.

Phoenix, Arizona 85012

14 25. As reflected by PCSO reports, this order was heard and observed by at
15 least seven (7) of the PCSO vehicles involved in the pursuit, including the vehicle
16 occupied by one Deputy Rice and Defendant Heath Rankin.
17 26. Eventually Longoria’s vehicle was disabled by stop-sticks and he
18 exited the vehicle, and both Eloy police officers and Pinal County Sheriff’s officers
19 were on scene.
20 27. When Longoria initially failed to comply with officers’ commands to
21 raise both of his hands into the air, he was shot with bean bag rounds by Eloy police
22 officers and was shot with a tazer by a Pinal County Sheriff deputy.
23 28. Longoria finally complied and turned his back to officers while raising
24 both hands into the air in a posture of surrender. At that very moment, Defendant
25 Heath Rankin shot Longoria twice in the back.
26 29. Longoria died from the gunshot wounds.
27 ///
28 ///
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 Case 2:15-cv-00043-SRB Document 1 Filed 01/09/15 Page 6 of 9

1 CLAIMS FOR RELIEF

2 Count One: Wrongful Death
3 30. The foregoing paragraphs are incorporated as though each were fully set
4 forth herein.
5 31. Pursuant to A.R.S. §12-611, et seq, the surviving children of Manuel
6 O. Longoria and/or the personal representatives of the estate of Manuel O. Longoria
7 are entitled to maintain an action for wrongful death against Defendants in this
8 matter for losses and injuries stemming from the loss of their father.
9 32. The acts or omissions of Defendants as described herein were
10 negligent, an assault and/or battery, and a violation of Article 2, Sections 4 and 8 of
Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

11 the Arizona Constitution, and the Fourth Amendment to the United States
301 East Bethany Home Road, Suite B-100

12 Constitution.
ROBBINS & CURTIN, P.L.L.C.

13 33. As a direct and proximate cause of Manuel O. Longoria’s death,

Phoenix, Arizona 85012

14 Plaintiffs and all statutory beneficiaries of Manuel O. Longoria sustained damages,

15 including pain and suffering, grief, emotional distress, loss of love and affection,
16 loss of enjoyment of life, and lost income, for which they are entitled to redress
17 from Defendants.
18 WHEREFORE, Plaintiffs pray for Judgment as follows:
19 A. For general damages, including but not limited to the loss of love,
20 affection, companionship and guidance resulting from the death of Manuel O.
21 Longoria, pain, grief, sorrow, anguish, stress, shock and mental suffering already
22 experienced and reasonably probable to be experienced in the future, and economic
23 losses and loss of income, hedonic damages, and Manuel O. Longoria’s pre-death pain
24 and suffering;
25 B. For special damages, including but not limited to the expenses of
26 burial and funeral;
27 C. For taxable costs and pre- and post-judgment interest to the extent
28 permitted by law; and
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 Case 2:15-cv-00043-SRB Document 1 Filed 01/09/15 Page 7 of 9

1 D. Such other relief as the Court deems just and proper.

2 Count Two: 42 U.S.C. §1983
3 34. The foregoing paragraphs are incorporated as though each were set forth
4 herein.
5 35. The Fourth Amendment to the United States Constitution prohibits a state
6 actor from using unreasonable force. Defendant Rankin violated the Fourth
7 Amendment when he used deadly force against Manuel O. Longoria.
8 36. Defendants Pinal County and/or Paul Babeu contributed and/or caused the
9 death of Manuel O. Longoria through its unconstitutional policies, practices, and
10 procedures, including but not limited to:
Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

11 (a) Their policy or practice (or failure to train or supervise) with respect
301 East Bethany Home Road, Suite B-100

12 to the use of rifles in the barricade situation, where there were no hostages and the
ROBBINS & CURTIN, P.L.L.C.

13 suspect was not known to be armed with any type of gun, and was surrendering to
Phoenix, Arizona 85012

14 officers;
15 (b) Their policy or practice (or failure to train or supervise) with respect
16 to the command structure in barricade situations, such that lethal force was used by a
17 Pinal County Sheriff’s Deputy while Eloy police were in the process of using non-lethal
18 methods in order to minimize injury to the distraught Longoria; and
19 (c) Their policy or practice (or failure to train or supervise) with respect
20 to encounters with mentally ill or impaired individuals.
21 37. As a direct and proximate result of Defendants’ breach of Plaintiffs’
22 constitutional rights as described herein, Manuel O. Longoria was killed.
23 38. As a direct and proximate cause of Manuel O. Longoria’s death,
24 Plaintiffs and all statutory beneficiaries of Manuel O. Longoria sustained damages,
25 including pain and suffering, grief, emotional distress, loss of love and affection,
26 loss of enjoyment of life, and lost income, for which they are entitled to redress
27 from Defendants.
28 ///
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 Case 2:15-cv-00043-SRB Document 1 Filed 01/09/15 Page 8 of 9

1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
3 A. For general damages, including but not limited to the loss of love,
4 affection, companionship and guidance resulting from the death of Manuel O.
5 Longoria, pain, grief, sorrow, anguish, stress, shock and mental suffering already
6 experienced and reasonably probable to be experienced in the future, and economic
7 losses and loss of income, hedonic damages, and Manuel O. Longoria’s pre-death pain
8 and suffering;
9 B. For special damages, including but not limited to the expenses of
10 burial and funeral;
Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

11 C. For taxable costs and pre- and post-judgment interest to the extent
301 East Bethany Home Road, Suite B-100

12 permitted by law;
ROBBINS & CURTIN, P.L.L.C.

13 D. For exemplary damages to the extent permitted by law;

Phoenix, Arizona 85012

14 E. For attorney’s fees and expenses pursuant to 42 U.S.C. §1988; and

15 F. Such other relief as the Court deems just and proper.
16 DATED this 9th of January, 2015.
17 ROBBINS & CURTIN, PLLC
18
19 By: /s/ Joel B. Robbins
Joel B. Robbins
20 Anne E. Findling
301 E. Bethany Home, #B-100
21
Phoenix, AZ 85012
22 Attorneys for Plaintiffs Manuel Jr. and
Christian Longoria
23
24 COLE & LEAL

25
By: /s/ Joseph M. Leal
26
Joseph M. Leal III, Attorney
27 420 W. Casa Grande Lakes Blvd. N.
Casa Grande, AZ 85122
28 Attorneys for Plaintiffs Lynnette Longoria, et al
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1 McCAIN & BURSH, PLC

2
3 By: /s/ Darius O. Bursh
Darius O. Bursh, Attorney
4 7420 E. Pinnacle Peak Rd., #124
Scottsdale, AZ 85255
5
Attorneys for Plaintiffs Sanisya Lott, et al
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Telephone: (602) 285-0707 ♦ Fax: (602) 265-0267

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301 East Bethany Home Road, Suite B-100

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ROBBINS & CURTIN, P.L.L.C.

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Phoenix, Arizona 85012

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