Federal Complaint
Federal Complaint
XXXXX
935 Sunrise Drive
2 Red Bluff, CA 96080
(714) 613-
3 [email protected]
4 Pro-Se
27
28
COMPLAINT FOR DAMAGES 1
1 COMPLAINT FOR DAMAGES
2 COMES NOW, Plaintiff Brian E. XXXX individually for his Complaint against
3 Defendants County of Tehama, Dave Hencratt Sheriff of Tehama County, City of Red Bluff,
4 Danielle Eyestone Mayor of Red Bluff, Red Bluff Police Department, Kyle Sanders Chief of
5 Police, Captain Quintan Ortega, Sergeant Ruben Murgia, Officer Heidi Curtis, Jennifer Bowman
8 This Court has original jurisdiction pursuant to 28 U.S.C §§ 1331 and 1343(a)(3)-(4)
9 because Plaintiff asserts claims arising under the laws of the United States including 42 U.S.C. §
10 1983 and the Fourth and Fourteenth Amendments of the United States Constitution. This Court
11 has supplemental jurisdiction over Plaintiff’s claims arising under state law pursuant to 28 U.S.C.
12 § 1367(a), because those claims are so related to the federal claims that they form part of the same
14 Venue is proper in this Court under 28 U.S.C. §1391(b) because Defendants reside in this
15 district and all incidents, events and occurrences giving rise to this action occurred in this district.
16 INTRODUCTION
17 1. This civil rights and state tort action seeks compensatory and punitive damages from
18 Defendants for violating various rights under the United States Constitution and state law in
19 connection with the Plaintiff being falsely arrested and falsely imprisoned on December 03, 2019.
20 PARTIES
21 2. At all relevant times, Plaintiff Brian XXXXX was an individual residing in the City of
23 3. At all relevant times, Defendant Jennifer Bowman was an individual residing in the
25 4. At all relevant times, Defendant David Bowman was an individual residing in the City
3 7. At all relevant times, Defendant CITY of RED BLUFF (“CITY”) is and was a
4 municipal corporation existing under the laws of the State of California. CITY is a general law
5 subdivision of the State of California with the capacity to be sued. CITY is responsible for the
6 actions, omissions, policies, procedures, practices, and customs of its various agents and agencies,
7 including the Red Bluff Police Department and its agents and employees. At all relevant times,
8 Defendant CITY was responsible for assuring that the actions, omissions, policies, procedures,
9 practices, and customs of the Red Bluff Police Department and its employees and agents
10 complied with the laws of the United States and of the State of California. At all relevant times,
11 CITY was the employer of Defendants Danielle Eyestone Mayor of Red Bluff, Red Bluff Police
12 Department, Kyle Sanders Chief of Police, Captain Quintan Ortega, Sergeant Ruben Murgia,
14 8. At all relevant times, Defendant Danielle Eyestone Mayor of CITY is responsible for
15 the actions, omissions, policies, procedures, practices, and customs of its various agents and
16 agencies, including the Red Bluff Police Department and its agents and employees. At all
17 relevant times, Defendant Danielle Eyestone Mayor of CITY was responsible for assuring that the
18 actions, omissions, policies, procedures, practices, and customs of the Red Bluff Police
19 Department and its employees and agents complied with the laws of the United States and of the
20 State of California.
21 9. At all relevant times, Defendant Red Bluff Police Department was responsible for
22 Assuring that the actions, omissions, policies, procedures, practices, and customs of the Red Bluff
23 Police Department and its employees and agents complied with the laws of the United States and
25 10. Defendants Kyle Sanders Chief of Police, Captain Quintan Ortega, Sergeant Ruben
26 Murgia, Officer Heidi Curtis are police officers for the Red Bluff Police Department. Kyle
27 Sanders, Quintan Ortega, Ruben Murgia and Heidi Curtis were acting under color of law within
28 the course and scope of their duties as officers for the Red Bluff Police Department at all relevant
COMPLAINT FOR DAMAGES 3
1 times. Also at all relevant times, Kyle Sanders, Quintan Ortega, Ruben Murgia and Heidi Curtis
2 were acting with the complete authority and ratification of their principal, Defendants CITY and
4 11. Defendants Kyle Sanders, Quintan Ortega, Ruben Murgia are supervisory officers for
5 Red Bluff Police Department who were acting under the color of law within the course and scope
6 of their duties as officers for the Red Bluff Police Department. Defendants Kyle Sanders,
7 Quintan Ortega, Ruben Murgia were acting with the complete authority and ratification of their
9 12. Defendants Kyle Sanders, Quintan Ortega are managerial, supervisorial, and
10 policymaking employees of the Red Bluff Police Department, who were acting under the color of
11 law within the course of their duties as managerial, supervisorial and policymaking employees for
12 the Red Bluff Police Department. Defendants Kyle Sanders, Quintan Ortega were acting with the
13 complete authority and ratification of their principal Defendants CITY and Red Bluff Police
14 Department.
15 13. In doing the acts and failing and omitting to act as hereinafter described, Defendants
16 Kyle Sanders Chief of Police, Captain Quintan Ortega, Sergeant Ruben Murgia, Officer Heidi
17 Curtis were acting on the implied and actual permission and consent of Defendants Tehama
18 County, CITY, Danielle Eyestone Mayor of CITY, and Red Bluff Police Department.
19 14. At all times mentioned herein, each and every defendant was the agent of each and
20 every other defendant (with the exception of Defendant Jennifer Bowman, and David Bowman)
21 and had the legal duty to oversee and supervise hiring, conduct and employment of each and
22 every defendant.
23 15. All of the acts complained of herein by Plaintiff against Defendants were done and
24 performed by said Defendants by and through their authorized agents, servants, and/or
25 employees, all of whom at all relevant times herein were acting within the course, purpose, and
26 scope of said agency, service, and/or employment capacity. Moreover, Defendants and their
27 agents ratified all of the acts complained of herein.
28 16. Defendants Dave Hencratt, Sheriff of Tehama County, Danielle Eyestone, Mayor of
COMPLAINT FOR DAMAGES 4
1 CITY, Defendants Kyle Sanders Chief of Police, Captain Quintan Ortega, Sergeant Ruben
2 Murgia, Officer Heidi Curtis, Jennifer Bowman, David Bowman are sued jointly and severally.
3 NOTICE OF CLAIM
4 17. Within six months of the incident, Plaintiff filed written Notice of Claim with the Red
5 Bluff Police Department. Over thirty days have elapsed since filing of that notice, and this matter
6 has not been settled or otherwise disposed of. Plaintiff filed written Notice of Claim with the
7 County of Tehama, Dave Hencratt Sheriff, City of Red Bluff, Danielle Eyestone Mayor. Over
8 thirty days have elapsed since filing of that notice, and this matter has not been settled or
11 18. Plaintiff repeats and re-alleges each and every allegation in paragraphs 1 through 17
12 of this Complaint with the same force and effect as if fully set forth herein.
13 19. In early 2019, Defendant David Bowman asked Plaintiff if he would return to Red
15 20. Plaintiff agreed and returned to Red Bluff California for the wedding on
17 21. After the wedding, Plaintiff decided to stay in Red Bluff California and get
18 reacquainted with his family members since he previously joined the military, left California and
20 22. While getting reacquainted with Defendants David and Jennifer Bowman and their
21 children, Plaintiff spent considerable time with them.
22 23. Plaintiff witnessed several occasions where Defendant Jennifer Bowman (in Plaintiff’s
23 opinion) would be “abusive” towards the children by making the children kneel on hardwood
24 floors staring at the wall with their hands behind their backs for unreasonable amounts of time.
25 Plaintiff also witnessed on several occasions Defendant Jennifer Bowman call the children “dirty
28 became enraged with the Plaintiff telling him to leave the residence.
COMPLAINT FOR DAMAGES 5
1 25. Plaintiff informed Defendant David Bowman of the incidences and Defendant David
3 26. Plaintiff’s concern for the safety and well being of the children caused disdain with
4 Defendants Jennifer Bowman and David Bowman, thus setting the stage for retaliation against
6 27. At some time prior to December 2, 2019, Defendant Jennifer Bowman asked the
7 principal at Metteer Elementary School in Red Bluff California to remove Plaintiff from the
9 28. On December 03, 2019, Defendant Jennifer Bowman called the Red Bluff Police
12 29. Defendants Chief Kyle Sanders, Capt Quintan Ortega and Officer Heidi Curtis
13 responded. Defendant Kyle Sanders initially made contact with Plaintiff and detained him.
15 30. Defendant Heidi Curtis made contact with Defendant Jennifer Bowman who falsely
16 accused Plaintiff of “stalking” her children at the elementary school. Defendant Jennifer
18 31. Defendant Heidi Curtis continued to talk with Defendant David Bowman who
20 32. While talking with Defendant Jennifer Bowman, it is with information and belief that
21 Defendant Heidi Curtis decide to arrest Plaintiff prior to continuing the investigation and/or
23 33. Defendant Heidi Curtis instructed Defendant Kyle Sanders that she was going to talk
24 to the principal and that if Plaintiff tried to leave to “10-15” him. “10-15” is police code for
25 “prisoner in custody”.
26 34. Defendant Heidi Curtis talked to the principal who stated that Plaintiff was taking off
27 of the emergency contact list and she told him he could not be on school property.
28 35. Plaintiff asked why he had to leave and when explained, Plaintiff left the property
COMPLAINT FOR DAMAGES 6
1 without incident.
2 36. Defendant Heidi Curtis exited the elementary school to talk with Plaintiff. Upon
3 exiting the school, Defendant Heidi Curtis turned off her body camera prior to talking to Plaintiff.
4 37. Defendant Heid Curtis arrested Plaintiff based on false allegations and information
6 38. Defendant Heidi Curtis willfully, wantonly, and maliciously arrested Plaintiff and
7 imprisoned Plaintiff without probable cause. It is with information and belief, that is why she
8 turned her body camera off before talking with Plaintiff and it was miraculously turned on after
9 the arrest when Plaintiff was in custody in the back of her patrol car.
10 39. Plaintiff was falsely arrested, imprisoned and charged with California Penal Code §
11 646.9 Stalking (felony), California Penal Code § 626.8 Remain on School Property
13 40. Plaintiffs’ bail was set at $160,000.00 and he was unlawfully imprisoned for three
14 days.
15 40. All original charges were eventually dismissed and Plaintiff plead guilty to trespass of
16 a business.
17 DAMAGES
18 41. As a direct and proximate result of all Defendants, Plaintiff suffered the following
20 (a) Violation of his rights to the Fourth and Fourteenth Amendments to the United
21 States Constitution to be free from an unreasonable search and seizure of their
22 person;
23 (b) Violation of his right to Due Process of Law under the Fourteenth Amendment to
28 process;
COMPLAINT FOR DAMAGES 7
1 (e) Emotional trauma and suffering, including fear, embarrassment, humiliation,
4 48. Plaintiff repeats and re-alleges each and every allegation in paragraphs 1 through 47 of this
5 Complaint with the same force and effect as if fully set forth herein.
6 49. Plaintiff had a cognizable interest under the Due Process Clause of the Fourteenth
7 Amendment of the United States Constitution to be free from state actions that deprive him of
8 life, liberty or property in such a manner as to shock the conscience, including but not limited to
10 50. Plaintiff had a cognizable interest under the Due Process Clause of the Fourteenth
11 Amendment of the United States Constitution to be free from state actions that deprive him of
13 51. The aforementioned actions of Defendants Kyle Sanders, Quintan Ortega, Heidi
14 Curtis, Ruben Murgia, Jennifer Bowman and David Bowman, along with other undiscovered
15 conduct, shock the conscience, in that they acted with indifference to the constitutional rights of
16 Plaintiff and with purpose to harm unrelated to any legitimate law enforcement objective.
17 52. As a direct and proximate cause of the acts of Defendants Kyle Sanders, Quintan
18 Ortega, Ruben Murgia, Heidi Curtis, Jennifer Bowman and David Bowman, Plaintiff suffered
20 53. The conduct of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben
21 Murgia, Jennifer Bowman and David Bowman was willful, wanton, malicious, and done with
22 reckless disregard for the rights and safety of Plaintiff and therefore warrants the imposition of
23 exemplary and punitive damages as to Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis,
2 this Complaint with the same force and effect as if fully set forth herein.
3 55. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia acted
5 56. The acts of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia
6 deprived Plaintiff of his particular rights under the United States Constitution.
7 57. Upon information and belief, a final policymaker, acting under color of law, who had
8 final policymaking authority concerning the acts of Defendants Kyle Sanders, Quintan Ortega,
9 Heidi Curtis and Ruben Murgia, ratified Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis
10 and Ruben Murgia’s acts and basis for them. Upon information and belief, the final policymaker
11 knew of and specifically approved of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and
13 58. Upon information and belief, a final policymaker has determined (or will determine)
14 that the acts of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia were
15 “within policy.”
16 59. By reason of the aforementioned acts and omissions, Plaintiff has suffered loss of
17 liberties. The aforementioned acts and omissions also caused Plaintiff’s pain and suffering and
18 mental anguish.
19 60. CITY and Danielle Eyestone are vicariously liable for the wrongful acts of Defendants
20 Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia pursuant to § 815.2(a) of the
21 California Government Code, which provides that a public entity is liable for the injuries caused
22 by its employees within the scope of the employment if the employee’s acts would subject him or
23 her to liability.
24 61. Accordingly Defendants CITY, Danielle Eyestone, Red Bluff Police Department,
25 Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia each are liable to Plaintiff for
3 62. Plaintiff repeats and re-alleges each and every allegation in paragraphs 1 through 61 of
4 this Complaint with the same force and effect as if fully set forth herein.
5 63. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia acted
6 under color of law.
7 64. The acts of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia
8 deprived Plaintiff of his particular rights under the United States Constitution.
9 65. The training policies of Defendants CITY, Danielle Eyestone and Red Bluff Police
10 Department were not adequate to train its officers to handle the usual and recurring situations
11 with which they must deal.
12 66. Defendants CITY, Danielle Eyestone and Red Bluff Police Department were
13 deliberately indifferent to the obvious consequences of their failure to train their officers
14 adequately.
15 67. The failure of Defendants CITY, Danielle Eyestone and Red Bluff Police Department
16 to provide adequate training caused the deprivation of Plaintiff’s rights by Defendants Kyle
17 Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia; that is, Defendant’s failure to train is
18 so closely related to the deprivation of the Plaintiff’s rights as to the moving force that caused the
19 restriction of free liberties.
20 68. On information and belief, Defendants CITY, Danielle Eyestone and Red Bluff Police
21 Department failed to train Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben
22 Murgia properly and adequately.
23 69. CITY and Danielle Eyestone are vicariously liable for the wrongful acts of Defendants
24 Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia pursuant to § 815.2(a) of the
25 California Government Code, which provides that a public entity is liable for the injuries caused
26 by its employees within the scope of the employment if the employee’s acts would subject him or
27 her to liability
28
COMPLAINT FOR DAMAGES 11
1 70. By reason of the aforementioned acts and omissions, Plaintiff has suffered loss of
2 liberties. The aforementioned acts and omissions also caused Plaintiff’s pain and suffering and
3 mental anguish.
4 71. Accordingly Defendants CITY, Danielle Eyestone, Red Bluff Police Department,
5 Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia each are liable to Plaintiff for
11 72. Plaintiff repeats and re-alleges each and every allegation in paragraphs 1 through 71 of
12 this Complaint with the same force and effect as if fully set forth herein.
13 73. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia acted
15 74. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia acted
18 75. On information and belief, Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis
19 and Ruben Murgia were not disciplined, reprimanded, retrained, suspended, or otherwise
21 76. Defendants CITY, Danielle Eyestone, Red Bluff Police Department and Defendants
22 Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia, together with other CITY
23 policymakers and supervisors, maintained, inter alia, the following unconstitutional customs,
26 Employing and retaining as police officers individuals such as Defendants Kyle Sanders, Quintan
27 Ortega, Heidi Curtis and Ruben Murgia whom Defendants CITY, Danielle Eyestone, Red Bluff
28 Police Department at all times material herein knew or reasonably should have known had
COMPLAINT FOR DAMAGES 12
1 dangerous propensities for abusing their authority;
3 officers, and other personnel, including Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis
4 and Ruben Murgia, whom Defendants CITY, Danielle Eyestone, Red Bluff Police Department
5 knew or in the exercise of reasonable care should have known had aforementioned propensities
9 Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia;
10 (d) Failing to adequately discipline CITY police officers, including Defendants Kyle
11 Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia, for the above referenced categories of
12 misconduct, including “slaps on the wrist,” discipline that is so slight as to be out of proportion to
13 the magnitude of misconduct, and other inadequate discipline that is tantamount to encouraging
14 misconduct;
16 shield,” “blue wall,” “blue curtain,” “blue veil,” or simply “code of silence,” pursuant to which
17 police officers do not report other officers’ errors, misconduct, or crimes. Pursuant to this code of
18 silene, if questioned about an incident of misconduct involving another officer, while following
19 the code, the officer being questioned will claim ignorance of the other officers’ wrongdoing.
20 77. By reason of the aforementioned acts and omissions, Plaintiff has suffered the loss of
21 liberties due to false arrest and false imprisonment. The aforementioned acts and omissions also
23 78. Defendants CITY, Danielle Eyestone, Red Bluff Police Department and Defendants
24 Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia, together with various other
25 officials, whether named or unnamed, had either actual or constructive knowledge of the deficient
26 policies, practices ad customs alleged in the paragraphs above. Despite having knowledge as
27 stated above, these defendants condoned, tolerated, and through actions and inactions thereby
28 ratified such policies. Said defendants also acted with deliberate indifference to the foreseeable
COMPLAINT FOR DAMAGES 13
1 effects and consequences of these policies with respect to the constitutional rights of the Plaintiff.
2 79. By perpetrating, sanctioning, tolerating and ratifying the outrageous conduct and other
3 wrongful acts, Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia acted
4 with intentional, reckless, and callous disregard for Plaintiff’s constitutional rights. Furthernore,
5 the policies, practices, and customs implemented, maintained, and still tolerated by Defendants
6 CITY, Danielle Eyestone, Red Bluff Police Department and Defendants Kyle Sanders, Quintan
7 Ortega, Heidi Curtis and Ruben Murgia were affirmatively linked to wand were a significantly
8 influential force behind the false arrest and false imprisonment of Plaintiff.
9 80. CITY and Danielle Eyestone are vicariously liable for the wrongful acts of Defendants
10 Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia pursuant to § 815.2(a) of the
11 California Government Code, which provides that a public entity is liable for the injuries caused
12 by its employees within the scope of the employment if the employee’s acts would subject him or
13 her to liability.
14 81. Accordingly Defendants CITY, Danielle Eyestone, Red Bluff Police Department,
15 Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia each are liable to Plaintiff for
17
21
22 82. Plaintiff repeats and re-alleges each and every allegation in paragraphs 1 through 81 of
23 this Complaint with the same force and effect as if fully set forth herein.
24 83. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia, while
25 working as officers for Red Bluff Police Department and acting within the course and scope of
26 their duties, intentionally deprived Plaintiff of his freedom of movement by menace, fraud, deceit
27 and unreasonable duress. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben
28 Murgia detained Plaintiff without reasonable suspicion and arrested him without probable cause.
COMPLAINT FOR DAMAGES 14
1 84. Plaintiff did not knowingly or voluntarily consent.
2 85. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia detained
4 86. The conduct of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben
5
Murgia was a substantial factor in causing harm to Plaintiff.
6
87. CITY and Danielle Eyestone are vicariously liable for the wrongful acts of Defendants
7
Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia pursuant to § 815.2(a) of the
8
9 California Government Code, which provides that a public entity is liable for the injuries caused
10 by its employees within the scope of the employment if the employee’s acts would subject him or
11 her to liability.
12 88. The conduct of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben
13
Murgia was malicious, wanton, oppressive, and accomplished with a conscious disregard for the
14
rights of Plaintiff, entitling Plaintiff to an award of exemplary and punitive damages.
15
89. As a result of their misconduct, Defendants Kyle Sanders, Quintan Ortega, Heidi
16
17 Curtis and Ruben Murgia are liable for Plaintiff’s injuries, either because they were integral
18 participants in the wrongful detention and arrest, or because they failed to intervene to prevent
19 these violations.
20
SEVENTH CLAIM FOR RELIEF
21
Conspiracy Against Rights (18 U.S.C. § 241)
22
(Against Defendants CITY, Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben Murgia, Jennifer
23 Bowman and David Bowman)
24
90. Plaintiff repeats and re-alleges each and every allegation in paragraphs 1 through 89 of
25
this Complaint with the same force and effect as if fully set forth herein.
26
91. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben Murgia while working
27
as officers for Red Bluff Police Department in concert with Defendants Jennifer Bowman and
28
COMPLAINT FOR DAMAGES 15
1 David Bowman conspired to injure, oppress, threaten, or intimidate Plaintiff in his free exercise
2 or enjoyment of any right or privilege secured to him by the Constitution or laws of the United
3 States.
4 92. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben Murgia, Jennifer
5 Bowman and David Bowman conspired to falsely arrest and falsely imprison Plaintiff based false
7 93. The conduct of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben
8 Murgia, Jennifer Bowman and David Bowman was a substantial factor in causing the harm to
9 Plaintiff.
10 94. CITY and Danielle Eyestone are vicariously liable for the wrongful acts of Defendants
11 Kyle Sanders, Quintan Ortega, Heidi Curtis and Ruben Murgia pursuant to § 815.2(a) of the
12 California Government Code, which provides that a public entity is liable for the injuries caused
13 by its employees within the scope of the employment if the employee’s acts would subject him or
14 her to liability.
15 95. The conduct of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben
16 Murgia, Jennifer Bowman and David Bowman was malicious, wanton, oppressive, intimidating
17 and accomplished with a conscious disregard for the rights of Plaintiff, entitling Plaintiff to an
19 96. As a result of their misconduct, Defendants Kyle Sanders, Quintan Ortega, Heidi
20 Curtis, Ruben Murgia, Jennifer Bowman and David Bowman are liable for Plaintiff’s injuries,
21 either because they were integral participants in the conspiracy against rights, or because they
28 98. Defendants, Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben Murgia, Dave
COMPLAINT FOR DAMAGES 16
1 Hencratt acted under the color of law.
2 99. Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben Murgia while working
3 as officers for Red Bluff Police Department in concert with Dave Hencratt deprived Plaintiff of
4 his right to be free from false arrest and false imprisonment which is a right secured to him by the
6 100. The conduct of Defendants County of Tehama, CITY, Kyle Sanders, Quintan Ortega,
7 Heidi Curtis, Ruben Murgia, Dave Hencratt was a substantial factor in causing the harm to
8 Plaintiff.
9 101. County of Tehama, CITY and Danielle Eyestone are vicariously liable for the
10 wrongful acts of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben Murgia and
11 Dave Hencratt pursuant to § 815.2(a) of the California Government Code, which provides that a
12 public entity is liable for the injuries caused by its employees within the scope of the employment
14 102. The conduct of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben
15 Murgia, Dave Hencratt was malicious, wanton, oppressive, intimidating and accomplished with a
16 conscious disregard for the rights of Plaintiff, entitling Plaintiff to an award of exemplary and
17 punitive damages.
18 103. As a result of their misconduct, Defendants Kyle Sanders, Quintan Ortega, Heidi
19 Curtis, Ruben Murgia, Dave Hencratt are liable for Plaintiff’s injuries, either because they were
20 integral participants in the conspiracy against rights, or because they failed to intervene to prevent
21 these violations.
22
NINTH CLAIM FOR RELIEF
23
Malicious Prosecution (42 U.S.C § 1983)
24 (Against Defendants County of Tehama, CITY, Kyle Sanders, Quintan Ortega, Heidi Curtis,
Ruben Murgia, Dave Hencratt, Jennifer Bowman, David Bowman)
25
26 Awabdy v. City of Adelanto, 368 F.3d 1062, 1066 (9th Cir. 2004) (“In order to prevail
on a § 1983 claim of malicious prosecution, a plaintiff “must show that the defendants
27 prosecuted [him] with malice and without probable cause, and that they did so for the
purpose of denying [him] equal protection or another specific constitutional right.”
28 Freeman v. City of Santa Ana, 68 F.3d 1180, 1189 (9th Cir. 1995). Malicious prosecution
COMPLAINT FOR DAMAGES 17
1 actions are not limited to suits against prosecutors but may be brought, as here, against
other persons who have wrongfully caused the charges to be filed. Galbraith v. County
2 of Santa Clara, 307 F.3d 1119, 1126-27 (9th Cir. 2002). ”)
4 104. Plaintiff repeats and re-alleges each and every allegation in paragraphs 1 through 103
5 of this Complaint with the same force and effect as if fully set forth herein.
6 105. Defendants County of Tehama, CITY, Red Bluff Police Department, Danielle
7 Eyestone, Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben Murgia, Dave Hencratt, Jennifer
8 Bowman, David Bowman prosecuted and/or caused charges to be wrongfully filed against
9 Plaintiff with malice and without probable cause for the purpose of denying Plaintiff equal
10 protection under the law.
11 106. The conduct of Defendants County of Tehama, CITY, Kyle Sanders, Quintan Ortega,
12 Heidi Curtis, Ruben Murgia, Dave Hencratt, Jennifer Bowman, David Bowman was a substantial
13 factor in causing the harm to Plaintiff.
14 107. The conduct of Defendants County of Tehama, CITY, Kyle Sanders, Quintan Ortega,
15 Heidi Curtis, Ruben Murgia, Dave Hencratt, Jennifer Bowman, David Bowman was malicious,
16 wanton, oppressive, intimidating and accomplished with a conscious disregard for the rights of
17 Plaintiff, entitling Plaintiff to an award of exemplary and punitive damages.
18 108. As a result of their misconduct, Defendants County of Tehama, CITY, Kyle Sanders,
19 Quintan Ortega, Heidi Curtis, Ruben Murgia, Dave Hencratt, Jennifer Bowman, David Bowman
20 are liable for Plaintiff’s injuries, either because they were integral participants in the conspiracy
21 against rights, or because they failed to intervene to prevent these violations.
22 109. County of Tehama, CITY and Danielle Eyestone are vicariously liable for the
23 wrongful acts of Defendants Kyle Sanders, Quintan Ortega, Heidi Curtis, Ruben Murgia and
24 Dave Hencratt pursuant to § 815.2(a) of the California Government Code, which provides that a
25 public entity is liable for the injuries caused by its employees within the scope of the employment
26 if the employee’s acts would subject him or her to liability.
27
28
COMPLAINT FOR DAMAGES 18
1 TENTH CLAIM FOR RELIEF
Respondeat Superior
2 (Against All Defendants)
3 110. Plaintiff repeats and re-alleges each and every allegation in paragraphs 1 through
4 109 of this Complaint with the same force and effect as if fully set forth herein.
5 111. Defendant’s intentional tortious acts were undertaken within the scope of their
6 employment.
25
26
27
28
COMPLAINT FOR DAMAGES 19
1 Respectfully Submitted,
2
3
_________________________
4 Brian E. XXXXX
935 Sunrise Drive
5 Red Bluff, CA 96080
(714) 613-
6 [email protected]
7 Pro-Se
8
DEMAND FOR JURY TRIAL
9
Plaintiff hereby demands a trial by jury.
10
11
12
13
14
15
Respectfully Submitted,
16
17
_________________________
18
Brian E. XXXX
19 935 Sunrise Drive
Red Bluff, CA 96080
20 (714) 613-
[email protected]
21 Pro-Se
22
23
24
25
26
27
28
COMPLAINT FOR DAMAGES 20