2018.07.03 Sheldon Lockett Complaint

Case 2:18-cv-05838-DSF-JPR Document 1 Filed 07/03/18 Page 1 of 22 Page ID #:1
1 John E. Sweeney, Esq. (State Bar No. 116285)

THE SWEENEY FIRM
2 315 S. Beverly Drive, Suite 305
Beverly Hills, CA 90212
3 Tel. No.: (310) 277-9595 / Fax No.: (310) 277-0177
E-Mail: [email protected]
4
Steven C. Glickman, Esq. (State Bar No. 105436)
5 Nicole E. Hoikka, Esq. [State Bar No. 306324
6
GLICKMAN & GLICKMAN,
A LAW CORPORATION
7 9460 Wilshire Boulevard, Suite 330
Beverly Hills, CA 90212
8 Tel. No.: (310) 273-4040 / Facsimile No.: (310) 273-0829
E-Mail: [email protected]
9 E-Mail: [email protected]
10 Attorneys for Plaintiff SHELDON LOCKETT;
11 MICHELLE DAVIS; and CLYDE DAVIS
12
UNITED STATES DISTRICT COURT
13
14 FOR THE CENTRAL DISTRICT OF CALIFORNIA
15
SHELDON LOCKETT; MICHELLE ) Case No.: 2:18-cv-5838
16 )
DAVIS; and CLYDE DAVIS, )
17 ) COMPLAINT FOR DAMAGES
Plaintiffs, )
18 ) 1. Excessive Force (42 U.S.C. § 1983)
) 2. Failure to Properly Screen, Hire,
19 v. ) Train, Supervise, and Discipline
) (Monell Violation) (42 U.SC. §
20 COUNTY OF LOS ANGELES, a ) 1983)
public entity; LOS ANGELES ) 3. Assault
21 ) 4. Battery
COUNTY SHERIFF’S ) 5. Negligence
22 DEPARTMENT, a law enforcement ) 6. False Arrest
) 7. False Imprisonment
23 agency; SHERIFF JIM McDONNELL; )
) 8. Violation of California Civil Code
MIZRAIN ORREGO, a Deputy Los § 52.1 (Bane Civil Rights Act)
24 Angeles County Sheriff; SAMUEL ) 9. Violation of California Civil Code
)
25 ALDAMA, a Deputy Los Angeles ) § 51.7 (Ralph Civil Rights Act)
10. Unreasonable Search and Seizure
County Sheriff; and DOES 1 through )) (42 U.S.C. § 1983)
26
100, inclusive, ) 11. Intentional Infliction of Emotional
27 ) Distress
Defendants. ) 12. Negligent Infliction of Emotional
28 ) Distress
) DEMAND FOR JURY TRIAL
1
COMPLAINT FOR DAMAGES
1 The following is a Complaint for damages brought by Plaintiffs by and

2 through their attorneys, who allege on information and belief as follows:
3 1. This is a civil rights action seeking monetary damages from Defendants
4 for use of excessive force and the violation of various civil rights, resulting in
5 injuries and damages to Plaintiffs in the city of Compton, California on January 15,
6 2016.
7 2. This action is brought pursuant to 42 U.S.C. §§ 1983 and 1988, and the
8 Fourth and Fourteenth Amendments of the United States Constitution as well as the
9 Constitution and laws of the State of California.
10 JURISDICTION AND VENUE
11 3. Jurisdiction is founded upon 28 U.S.C. §§ 1331 and 1343(a)(3)-(4), and
12 the aforementioned statutory and constitutional provisions. Plaintiffs further invokes
13 the supplemental jurisdiction of this Court pursuant to 28 U.S.C. § 1367 to hear and
14 decide claims arising under state law.
15 4. The events, acts, and/or omissions complained of herein occurred in the
16 City of Compton, Los Angeles County, California. This action is properly assigned
17 to the Western Division of the United States District Court for the Central District of
18 California.
19 PARTIES TO THE ACTION
20 5. Plaintiffs SHELDON LOCKETT; MICHELLE DAVIS and CLYDE
21 DAVIS (hereinafter “Plaintiffs”) were individuals residing in the County of Los
22 Angeles, California.
23 6. Defendant COUNTY OF LOS ANGELES (hereinafter “COUNTY”) is
24 now, and all times mentioned in this complaint was, a municipal corporation and
25 political subdivision organized and existing under the laws of the State of California.
26 The COUNTY owns, operates, manages, directs, and controls Defendant LOS
27 ANGELES COUNTY SHERIFF’S DEPARTMENT (hereinafter
28 “DEPARTMENT”), an operating department of the COUNTY.
2
1 7. Defendant SHERIFF JIM McDONNELL (hereinafter “SHERIFF”) at

2 all material times was employed as Sheriff for the Defendant DEPARTMENT by
3 Defendant COUNTY.
4 8. Defendant Deputy MIZRAIN ORREGO (hereinafter “ORREGO”) at
5 all material times was employed as a deputy officer of the Defendant
6 DEPARTMENT by Defendant COUNTY.
7 9. Defendant Deputy SAMUEL ALDAMA (hereinafter “ALDAMA”) at
8 all material times was employed as a deputy officer of the Defendant
9 DEPARTMENT by Defendant COUNTY.
10 10. In doing the acts alleged in this complaint, Defendants SHERIFF,
11 ORREGO, and ALDAMA were acting under color of statutes, ordinances,
12 regulations, customs, laws, and usages of Defendant COUNTY, Defendant
13 DEPARTMENT, and the State of California under their respective offices.
14 11. Plaintiffs are ignorant of the true names and/or capacities of Defendants
15 sued herein as DOE defendants 1 through 100, inclusive, and therefore sues these
16 Defendants by such fictitious names. Plaintiffs will amend this complaint to allege
17 their true names and capacities when ascertained. Plaintiffs are informed and
18 believe and thereon allege that each of the fictitiously named Defendants is
19 responsible in some manner for the occurrences herein alleged, and that the
20 Plaintiffs’ injuries as herein alleged were proximately caused by the acts and/or
21 omissions of said fictitiously named Defendants.
22 12. DOE Defendants 1 through 20, and each of them, are and were at all
23 times relevant hereto, employees, deputy sheriffs, police officers, sergeants,
24 investigators, and other supervisor police and civilian employees of COUNTY,
25 acting within their capacity as employees, agents, and servants of the Defendant
26 COUNTY. These Defendants were at all times herein alleged acting within the
27 course and scope of that employment and agency. DOES 1 through 20 are sued
28 ///
3
1 individually and in their capacity as deputies, officers, sergeants, captains, and other
2 police officers for Defendant COUNTY.
3 13. Plaintiffs are informed and believe and thereon allege that each of the
4 Defendants sued herein was negligently, wrongfully, and otherwise responsible in
5 some manner for the events and happenings as hereinafter described, and
6 proximately caused injuries and damages to Plaintiffs. Further, one or more DOE
7 defendants was at all material times responsible for the hiring, training, supervision,
8 and discipline of the Defendants, including DOE Defendants.
9 14. Plaintiffs are informed and believe, and thereon allege, that each of the
10 Defendants was at all material times an agent, servant, employee, partner, joint
11 venture, co-conspirator, and/or alter ego of the remaining Defendants, and in doing
12 the things herein alleged, was acting within the course and scope of that relationship.
13 15. Plaintiffs are further informed and believe, and thereon allege, that each
14 Defendant herein gave consent, aid, and assistance to each of the remaining
15 Defendants, and ratified and/or authorized the acts or omissions of each Defendant
16 as alleged herein, except as may be hereinafter otherwise specifically alleged. At all
17 material times, each Defendant was jointly engaged in tortious activity resulting in
18 the deprivation of Plaintiffs’ constitutional rights and other harm.
19 16. The acts and omissions of all Defendants as set forth herein were at all
20 material times pursuant to the actual custom, policies, practices, and procedures of
21 the DEPARTMENT.
22 17. At all material times, each Defendant acted under color of the laws,
23 statutes, ordinances, and regulations of the State of California.
24 18. This action is timely filed within all applicable statutes of limitations.
25 19. This complaint may be pled in the alternative pursuant to Federal Rules
26 of Civil Procedure, Rule 8(d)(2).
27 ///
28 ///
4
1 FACTS COMMON TO ALL CAUSES OF ACTION

2 20. Plaintiffs reallege each and every paragraph in this complaint as if it is
3 fully set forth here.
4 21. This complaint concerns an incident that took place on January 15,
5 2016 in the City of Compton, California near 910 North Oleander Avenue.
6 22. On said date and at said location, in the early afternoon hours in broad
7 daylight, said Defendants, ORREGO and ALDAMA, drove in a Sheriff’s radio car
8 in a rapid and aggressive manner toward Plaintiff SHELDON LOCKETT, who was
9 simply standing near the front of his Godmother’s home with a friend.
10 23. Defendants ORREGO and ALDAMA exited the radio car with their
11 guns drawn and trained on Plaintiff SHELDON LOCKETT and his friend, shouting
12 commands in loud voices.
13 24. Plaintiff SHELDON LOCKETT and his friend had not committed any
14 crime, and were not in possession of any weapon whatsoever.
15 25. Because of the aggressive, unreasonable, and illegal actions of
16 Defendants ORREGO and ALDAMA, Plaintiff SHELDON LOCKETT became
17 frightened for his life and ran.
18 26. At that point, Defendants ORREGO and ALDAMA, transmitted a false
19 Sheriff’s radio broadcast that stated that Plaintiff SHELDON LOCKETT produced a
20 gun from his waist area and was fleeing.
21 27. Said false radio broadcast precipitated the response of several other
22 deputies.
23 28. Plaintiff SHELDON LOCKETT was found by Defendants, and each of
24 them, hiding and frightened in back of a nearby home where he attempted to
25 surrender to deputies. Nevertheless, Defendants ALDAMA and ORREGO severely
26 battered Plaintiff SHELDON LOCKETT with their fists, feet, batons, and Taser
27 electronic weapons about Plaintiff SHELDON LOCKETT’s head, arms, torso and
28 legs.
5
1 29. Simultaneous to said battering of Plaintiff SHELDON LOCKETT, who

2 is African American, Defendants ORREGO and ALDAMA were yelling at him
3 using the vile racial epithet “Nigger” repeatedly.
4 30. After Defendants and each of them had Plaintiff SHELDON
5 LOCKETT under arrest, one of the Defendant deputies purposefully and violently
6 rammed the end of a police baton in the eye socket of Plaintiff SHELDON
7 LOCKETT which caused him permanent damage.
8 31. At no time prior to said severe beating of Plaintiff SHELDON
9 LOCKETT did he pose any threat, in any manner, to Defendants ORREGO and
10 ALDAMA and DOES 1 through 100.
11 32. Although Defendants ORREGO and ALDAMA knew that Plaintiff
12 SHELDON LOCKETT had not committed any crime, they filed a false police
13 report, arrested him, and caused the very serious charge of attempted murder to be
14 filed against him.
15 33. Plaintiff SHELDON LOCKETT was jailed, with a bail that he could
16 not afford to post for eight (8) months, until the case against him was dismissed in
17 the interest of justice.
18 34. Immediately after the arrest of Plaintiff SHELDON LOCKETT, his
19 mother, Plaintiff MICHELLE DAVIS filed a citizen complaint against Defendants
20 ORREGO and ALDAMA for their illegal actions as described above.
21 35. Although a citizen’s complaint was filed regarding Defendants
22 ORREGO and ALDAMA, Defendants COUNTY, DEPARTMENT and SHERIFF
23 failed to investigate or initiate any disciplinary action against Defendants ORREGO
24 and ALDAMA.
25 36. Instead, approximately one (1) month after Plaintiff MICHELLE
26 DAVIS filed her citizen’s complaint as described herein, and in an apparent
27 retaliation for filing the complaint, Deputies of Defendant DEPARTMENT served a
28 ///
6
1 search warrant on the residence of Plaintiffs MICHELL DAVIS and CLYDE

2 DAVIS, claiming to be looking for a gun which deputies knew did not exist..
3 37. During the service of the search warrant, the front door was breached
4 such that it was knocked off of its hinges and destroyed. The remainder of her home
5 was purposefully damaged.
6 FIRST CAUSE OF ACTION
7 42 U.S.C. § 1983 – EXCESSIVE FORCE
8 PLAINTIFFS AGAINST DEFENDANTS ORREGO, ALDAMA, and DOES 1-20
9 38. Plaintiffs reallege each and every paragraph in this complaint as if fully
10 set forth herein.
11 39. By the actions and omissions described above, Defendants ORREGO,
12 ALDAMA, and DOES 1-20 violated 42 U.S.C. § 1983, depriving Plaintiffs of the
13 following clearly-established and well-settled constitutional rights protected by the
14 Fourth and Fourteenth Amendments to the United States Constitution:
15 a. The right to be free from unreasonable searches and seizures as
16 secured by the Fourth and Fourteenth Amendments;
17 b. The right to be free from excessive and unreasonable force in the
18 course of arrest or detention as secured by the Fourth and Fourteenth
19 Amendments;
20 c. The right to be free from the unlawful use of a Taser as secured by
21 the Fourth and Fourteenth Amendments; and
22 d. The right to be free of unlawful, reckless, deliberately indifferent,
23 and conscience-shocking excessive force as secured by the
24 Fourteenth Amendment.
25 40. Defendants subjected Plaintiffs to their wrongful conduct, depriving
26 Plaintiffs of rights described herein, knowingly, maliciously, and with conscious and
27 reckless disregard for whether the rights and safety of Plaintiffs and others would be
28 violated by their acts and/or omissions.
7
1 41. As a direct and proximate result of Defendants’ acts and/or omissions

2 as set forth above, Plaintiffs sustained injuries and damages as set forth in this
3 complaint.
4 42. The conduct of Defendants entitles Plaintiffs to punitive damages and
5 penalties allowable under 42 U.S.C. § 1983 and California Code of Civil Procedure
6 § 3294.
7 43. Plaintiffs are entitled to reasonable costs and attorneys’ fees under 42
8 U.S.C. § 1983 and California Civil Code § 1021.5.
9 SECOND CAUSE OF ACTION
10 42 U.S.C. § 1983 – FAILURE TO PROPERLY SCREEN, HIRE, TRAIN,
11 SUPERVISE, OR DISCIPLINE (MONELL VIOLATION)
12 PLAINTIFF SHELDON LOCKETT AGAINST DEFENDANTS COUNTY,
13 DEPARTMENT, SHERIFF, and DOES 1-20
14 44. Plaintiff SHELDON LOCKETT realleges each and every paragraph in
15 this complaint as if fully set forth herein.
16 45. The unconstitutional actions and omissions of Defendants COUNTY,
17 DEPARTMENT, and DOES 1-20 as well as others employed by or acting on behalf
18 of Defendant COUNTY, on information and belief, were carried out pursuant to the
19 following customs, policies, practices, and/or procedures of the DEPARTMENT,
20 stated in the alternative, which were directed, encouraged, allowed, and/or ratified
21 by policy making officers/deputies for Defendants COUNTY and DEPARTMENT:
22 a. To use or tolerate the use of excessive and/or unjustified force;
23 b. To use or tolerate the use of unlawful tasing of arrestees/detainees;
24 c. To use or tolerate racial animus by Defendant DEPARTMENT’S
25 employees, including the use of racial slurs and epithets during
26 detentions and arrests;
27 d. To fail to use appropriate and generally accepted law enforcement
28 procedures for detentions and arrests;
8
1 e. To cover up violations of constitutional rights by all of the

2 following:
3 i. By failing to properly investigate and/or evaluate complaints or
4 incidents of excessive and unreasonable force, and/or unlawful
5 seizures;
6 ii. By ignoring and/or failing to properly and adequately
7 investigate and discipline unconstitutional or unlawful police
8 activity;
9 iii. By allowing, tolerating, and/or encouraging police officers
10 who:
11 1. Fail to file complete and accurate police reports;
12 2. File false police reports;
13 3. Make false statements;
14 4. Intimidate, bias, and/or coach witnesses to give false
15 information and/or to bolster officers’ stories; and/or
16 5. Obstruct or interfere with investigations of unconstitutional
17 or unlawful police conduct by withholding and/or
18 concealing material information;
19 f. To allow, tolerate, and/or encourage a “code of silence” among law
20 enforcement officers and DEPARTMENT personnel, whereby an
21 officer/deputy or member of the DEPARTMENT does not provide
22 adverse information against a fellow officer/deputy or member of
23 the DEPARTMENT; and
24 g. To use or tolerate inadequate, deficient, and improper procedures for
25 handling, investigating, and reviewing complaints of officer
26 misconduct made under California Government Code § 910.
27 46. Defendants subjected Plaintiff SHELDON LOCKETT to their wrongful
28 conduct, depriving Plaintiff SHELDON LOCKETT of rights described herein,
9
1 knowingly, maliciously, and with conscious and reckless disregard for whether the
2 rights and safety of Plaintiff SHELDON LOCKETT and others would be violated by
3 their acts and/or omissions.
5 as set forth above, Plaintiff SHELDON LOCKETT sustained injuries and damages
6 as set forth in this complaint.
7 48. The conduct of Defendants entitles Plaintiff SHELDON LOCKETT to
8 punitive damages and penalties allowable under 42 U.S.C. § 1983 and California
9 Code of Civil Procedure § 377.20, et seq.
10 49. Plaintiff SHELDON LOCKETT is entitled to reasonable costs and
11 attorneys’ fees under 42 U.S.C. § 1983 and California Code of Civil Procedure §
12 377.20, et seq.
13 50. Defendants COUNTY, DEPARTMENT, SHERIFF, and DOES 1
14 through 20 failed to properly hire, train, instruct, monitor, supervise, evaluate,
15 investigate, and discipline Defendants ORREGO, ALDAMA, and DOES 1 through
16 20, as well as other DEPARTMENT personnel, with deliberate indifference to
17 Plaintiff SHELDON LOCKETTs constitutional rights, which were thereby violated
18 as described above.
19 51. The unconstitutional actions and/or omissions of Defendants and other
20 DEPARTMENT personnel, as described above, were approved, tolerated, and/or
21 ratified by policy-making officers for the DEPARTMENT.
22 52. Plaintiff SHELDON LOCKETT is informed and believes and thereon
23 alleges that the details of the subject incident were revealed to the authorized
24 policymakers within the COUNTY and DEPARTMENT, including SHERIFF, and
25 that such policymakers have direct knowledge of the fact that Plaintiff’s beating,
26 tasing, detention, and arrest were not justified, but rather represented an
27 unconstitutional display of unreasonable and excessive force.
28 ///
10
1 53. Notwithstanding this knowledge, the authorized policymakers within

2 the COUNTY and DEPARTMENT, including SHERIFF, have approved of
3 Defendants ALDAMA, ORREGO, and DOES 1-20, and have made a deliberate
4 choice to endorse these Defendants’ use of force against, and detention and arrest, of
5 Plaintiff SHELDON LOCKETT. By doing so, the authorized policymakers within
6 the COUNTY and DEPARTMENT have shown affirmative agreement with the
7 individual Defendant deputies’ actions, and have ratified the unconstitutional acts of
8 the individual Defendants.
9 54. The aforementioned customs, policies, and procedures; the failure to
10 properly and adequately hire, train, instruct, monitor, supervise, evaluate,
11 investigate, and discipline; as well as the unconstitutional orders, approvals,
12 ratification, and toleration of wrongful conduct by DEPARTMENT personnel of
13 Defendants COUNTY, DEPARTMENT, SHERIFF, and DOES 1 through 20 were a
14 moving force and a proximate cause of deprivations of Plaintiff SHELDON
15 LOCKETT’s clearly-established and well-settled constitutional rights, in violation of
16 42 U.S.C. § 1983.
17 55. Defendants subjected Plaintiff SHELDON LOCKETT to their wrongful
18 conduct, depriving Plaintiff of rights described herein knowingly, maliciously, and
19 with conscious and reckless disregard for whether the rights and safety of Plaintiff
20 SHELDON LOCKETT and others would be violated by their acts and/or omissions.
21 56. As a direct and proximate result of the unconstitutional actions,
22 omissions, customs, policies, practices, and procedures of Defendants as described
23 above, Plaintiff SHELDON LOCKETT sustained serious and permanent injuries and
24 is entitled to damages and penalties, costs, and attorneys’ fees as set forth above, and
25 punitive damages against Defendants ORREGO, ALDAMA, SHERIFF and DOES
26 1-20 in their individual capacities.
27 ///
28 ///
11
1 THIRD CAUSE OF ACTION

2 ASSAULT
3 PLAINTIFF SHELDON LOCKETT AGAINST ALL DEFENDANTS
6 58. The actions and/or omissions of Defendants ORREGO, ALDAMA, and
7 DOES 1-20 and the COUNTY as set forth above constitute assault.
8 59. As a direct and proximate result of Defendants’ assault as set forth
9 above, Plaintiff SHELDON LOCKETT sustained injuries and damages as set forth
10 in this complaint.
11 60. Plaintiff SHELDON LOCKETT is entitled to relief as set forth above
12 and punitive damages against all Defendants in their individual capacities.
13 FOURTH CAUSE OF ACTION
14 BATTERY
18 62. The actions and/or omissions of Defendants ORREGO, ALDAMA, and
19 DOES 1-20 and the COUNTY as set forth above constitute battery.
20 63. As a direct and proximate result of Defendants’ battery as set forth
21 above, Plaintiff sustained injuries and damages as set forth in this complaint.
22 64. Plaintiff SHELDON LOCKETT is entitled to relief as set forth above
23 and punitive damages against all Defendants in their individual capacities.
24 FIFTH CAUSE OF ACTION
25 NEGLIGENCE
12
1 66. At all times, each Defendant owed Plaintiff SHELDON LOCKETT the
2 legal duty to act with due care in the execution and enforcement of any right, law, or
3 legal obligation.
4 67. At all times, each Defendant owed Plaintiff SHELDON LOCKETT the
5 duty to act with reasonable care.
6 68. These general duties of reasonable care and due care owed to Plaintiff
7 SHELDON LOCKETT by all Defendants include, but are not limited to, the
8 following specific obligations:
9 a. To refrain from using excessive and/or unreasonable force against
10 Plaintiff;
11 b. To refrain from unreasonably creating a situation where force is
12 used;
13 c. To refrain from abusing their authority granted to them by law; and
14 d. To refrain from violating Plaintiff SHELDON LOCKETT’s rights
15 guaranteed by the United States and California Constitutions, as set
16 forth in this complaint, and as otherwise protected by law.
17 69. Additionally, these general duties of reasonable care and due care owed
18 to Plaintiff SHELDON LOCKETT by Defendants COUNTY, DEPARTMENT,
19 SHERIFF, and DOES 1-20 include, but are not limited to, the following specific
20 obligations:
21 a. To properly and adequately hire, investigate, train, supervise,
22 monitor, evaluate, and discipline their employees, agents, and/or law
23 enforcement officers to ensure that those
24 employees/officers/deputies act at all times in the public interest and
25 in conformance with the law;
26 b. To make, enforce, and at all ties act in conformance with policies
27 and customs that are lawful and protective of individual rights,
28 including Plaintiff SHELDON LOCKETT’s rights; and
13
1 c. To refrain from making, enforcing, and/or tolerating the wrongful

2 policies and customs set forth above.
3 70. Defendants, through their acts and omissions, breached each and every
4 one of the aforementioned duties owed to Plaintiff SHELDON LOCKETT.
5 71. As a direct and proximate result of Defendants’ negligence, Plaintiff
6 SHELDON LOCKETT sustained injuries and damages, and against each and every
7 Defendant are entitled to relief as set forth above, and punitive damages against
8 Defendants SHERIFF, ALDAMA, ORREGO, and DOES 1-20 in their individual
9 capacities.
10 SIXTH CAUSE OF ACTION
11 FALSE ARREST
15 73. Plaintiff SHELDON LOCKETT was factually innocent and was
16 arrested without a warrant, or probable cause. Because of said false arrest, Plaintiff
17 SHELDON LOCKETT was incarcerated illegally and suffered damages flowing
18 therefrom. Defendants and each of them, were a substantial factor in causing said
19 damages.
20 SEVENTH CAUSE OF ACTION
21 FALSE IMPRISONMENT
25 75. Plaintiff SHELDON LOCKETT, because of the false arrest as herein
26 alleged, was held in the Los Angeles County Jail for a period of eight (8) months.
27 The holding of Plaintiff SHELDON LOCKETT was illegal and the 8-month delay in
28 releasing Plaintiff SHELDON LOCKETT was unnecessary because Defendants, and
14
1 each of them, knew that he had not committed any crime. Plaintiff SHELDON
2 LOCKETT did not consent to said delay, which caused Plaintiff SHELDON
3 LOCKETT severe harm. Said conduct was a substantial factor in the harm caused to
4 Plaintiff SHELDON LOCKETT.
5 EIGHTH CAUSE OF ACTION
6 VIOLATION OF CALIFORNIA CIVIL CODE § 52.1
7 (BANE CIVIL RIGHTS ACT)
11 77. By their acts, omissions, customs, and policies, each Defendant acting
12 in concert/conspiracy, as described above, violated Plaintiff SHELDON
13 LOCKETT’s rights under California Code Section 52.1, and the following clearly
14 established rights under the United States Constitution and the California
15 Constitution:
20 Amendments;
21 c. The right to be free from the use of unlawful tasing as secured by the
22 Fourth and Fourteenth Amendments;
24 and conscience-shocking force as secured by the Fourteenth
25 Amendment;
26 ///
27 ///
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15
1 e. The right to enjoy and defend life and liberty, acquire, possess, and
2 protect property, and pursue and obtain safety, happiness, and
3 privacy, as secured by the California Constitution, Article 1, Section
4 1;
5 f. The right of life, liberty, and property and the right not to be
6 deprived of those without due process of law as secured by the
7 California Constitution, Article 1, Section 7;
8 g. The right to be free form unlawful and unreasonable seizure of one’s
9 person, including the right to be free from unreasonable or excessive
10 force, as secured by the California Constitution, Article 1, Section
11 13; and
12 h. The right to protection from bodily restraint, harm, or personal
13 insult, as secured by California Civil Code § 43.
14 78. As a direct and proximate result of Defendants’ violations of California
15 Civil Code § 52.1 and of Plaintiff SHELDON LOCKETT’s rights under the United
16 States and California Constitutions, Plaintiff SHELDON LOCKETT sustained
17 injuries and damages, and against each and every Defendant are entitled to relief as
18 set forth above, and punitive damages against Defendants SHERIFF, ALDAMA,
19 and ORREGO and DOES 1 through 20 in their individual capacities, including all
20 damages allowed by California Civil Code §§ 52, 52.1, and California law, not
21 limited to costs, attorneys’ fees, and civil penalties.
22 NINTH CAUSE OF ACTION
23 VIOLATION OF CALIFORNIA CIVIL CODE § 51.7
24 (RALPH CIVIL RIGHTS ACT)
28 ///
16
1 80. By their acts, omissions, customs, and policies, Defendants, acting in

2 concert/conspiracy as described above, violated Plaintiff’s rights secured by
3 California Civil Code § 51.7 to be free from any violence, intimidation, or threat of
4 violence.
5 81. As a direct and proximate result of Defendants’ violation of California
6 Civil Code § 51.7, Plaintiff SHELDON LOCKETT sustained injuries and damages,
7 and is entitled to relief as set forth above, and all damages allowed by California
8 Civil Code §§ 52, 51.7, and California law, not limited to attorneys’ fees, costs,
9 treble damages, and civil penalties.
10 TENTH CAUSE OF ACTION
11 42 U.S.C. § 1983 – UNREASONABLE SEARCH AND SEIZURE
12 PLAINTIFFS MICHELLE DAVIS AND CLYDE DAVIS
13 AGAINST DEFENDANTS ORREGO AND ALDAMA AND DOES 1-20
14 82. Plaintiffs MICHELLE DAVIS and CLYDE DAVIS reallege each and
15 every paragraph in this complaint as if fully set forth herein.
16 83. By the actions and omissions described above, Defendants ORREGO,
17 ALDAMA, and DOES 1-20 violated 42 U.S.C. § 1983, depriving Plaintiffs
18 MICHELLE DAVIS and CLYDE DAVIS of the following clearly-established and
19 well-settled constitutional rights protected by the Fourth and Fourteenth
20 Amendments to the United States Constitution:
25 Amendments;
26 c. The right to be free from the unlawful use of a Taser as secured by
27 the Fourth and Fourteenth Amendments; and
28 ///
17

2 and conscience-shocking excessive force as secured by the
3 Fourteenth Amendment.
4 84. Defendants subjected Plaintiffs MICHELLE DAVIS and CLYDE
5 DAVIS to their wrongful conduct, depriving Plaintiffs MICHELLE DAVIS and
6 CLYDE DAVIS of rights described herein, knowingly, maliciously, and with
7 conscious and reckless disregard for whether the rights and safety of Plaintiffs
8 MICHELLE DAVIS and CLYDE DAVIS and others would be violated by their acts
9 and/or omissions.
11 as set forth above, Plaintiffs MICHELLE DAVIS and CLYDE DAVIS sustained
12 injuries and damages as set forth in this complaint.
13 86. The conduct of Defendants entitles Plaintiffs MICHELLE DAVIS and
14 CLYDE DAVIS to punitive damages and penalties allowable under 42 U.S.C. §
15 1983 and California Code of Civil Procedure § 3294.
16 87. Plaintiffs MICHELLE DAVIS and CLYDE DAVIS are entitled to
17 reasonable costs and attorneys’ fees under 42 U.S.C. § 1983 and California Civil
18 Code § 1021.5.
19
20 ELEVENTH CAUSE OF ACTION
21 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
22 ALL PLAINTIFFS AGAINST ALL DEFENDANTS
24 set forth herein.
25 89. Because of the intentional conduct as herein alleged, Plaintiff
26 SHELDON LOCKETT suffered severe and debilitating emotional distress. As a
27 result of said harm, Plaintiff SHELDON LOCKETT incurred medical expenses in an
28 amount which will be proved at trial.
18
1 ELEVENTH CAUSE OF ACTION

2 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
3 ALL PLAINTIFFS AGAINST ALL DEFENDANTS
5 set forth herein.
6 91. Because of the negligent conduct as herein alleged, Plaintiff
7 SHELDON LOCKETT suffered severe and debilitating emotional distress. As a
8 result of said harm, Plaintiff SHELDON LOCKETT incurred medical expenses in an
9 amount which will be proved at trial.
10 PRAYER FOR RELIEF
11 WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of
12 them, as follows:
13 1. Compensatory and exemplary damages in an amount according to proof
14 and which is fair, just, and reasonable;
15 2. Punitive damages under 42 U.S.C. § 1032 and California law in an
16 amount according to proof and which is fair, just, and reasonable (as to the
17 individual Defendants only);
18 3. All other damages, penalties, costs, interest, and attorneys’ fees as
19 allowed by 42 U.S.C. §§ 1983 and 1988; and 1021.5; California Civil Code §§ 52, et
20 seq., 52.1, and 51.7, and as otherwise may be allowed by California and/or Federal
21 law.
22 4. Injunctive relief as follows:
23 a. An order prohibiting Defendants and their deputies from unlawfully
24 interfering with the rights of Plaintiff and others to be free from
25 unreasonable searches and seizures and excessive and unreasonable
26 force;
27 b. An order prohibiting Defendants and their deputies from engaging in
28 a code of silence as may be supported by the evidence in this case;
19
1 c. An order requiring Defendants to train all DEPARTMENT law

2 enforcement officers concerning generally accepted and proper
3 tactics and procedures for the use of force; and
4 d. An order requiring Defendants to be retrained in non-deadly force
5 such as tasing.
6
7 DATED: July 3, 2018 THE SWEENEY FIRM
8
and
9
10 GLICKMAN & GLICKMAN,
A LAW CORPORATION
11
12
13
By /s/ John E. Sweeney
John E. Sweeney
14 Attorneys for Plaintiff SHELDON LOCKETT
15 MICHELLE DAVIS; and CLYDE DAVIS
16
17 DEMAND FOR JURY TRIAL
18 Plaintiff demands a trial by jury.
19
20 DATED: July 3, 2018 THE SWEENEY FIRM
21 and
22
GLICKMAN & GLICKMAN,
23
A LAW CORPORATION
24
25
By /s/ John E. Sweeney
26 John E. Sweeney
27 Attorneys for Plaintiff SHELDON LOCKETT
MICHELLE DAVIS; and CLYDE DAVIS
28
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2018.07.03 Sheldon Lockett Complaint

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2018.07.03 Sheldon Lockett Complaint

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Case 2:18-cv-05838-DSF-JPR Document 1 Filed 07/03/18 Page 1 of 22 Page ID #:1

1 John E. Sweeney, Esq. (State Bar No. 116285)

1 The following is a Complaint for damages brought by Plaintiffs by and

1 7. Defendant SHERIFF JIM McDONNELL (hereinafter “SHERIFF”) at

1 FACTS COMMON TO ALL CAUSES OF ACTION

1 29. Simultaneous to said battering of Plaintiff SHELDON LOCKETT, who

1 search warrant on the residence of Plaintiffs MICHELL DAVIS and CLYDE

1 41. As a direct and proximate result of Defendants’ acts and/or omissions

1 e. To cover up violations of constitutional rights by all of the

1 53. Notwithstanding this knowledge, the authorized policymakers within

1 THIRD CAUSE OF ACTION

1 c. To refrain from making, enforcing, and/or tolerating the wrongful

1 80. By their acts, omissions, customs, and policies, Defendants, acting in

1 d. The right to be free of unlawful, reckless, deliberately indifferent,

1 ELEVENTH CAUSE OF ACTION

1 c. An order requiring Defendants to train all DEPARTMENT law

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