Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 1 of 13 Pageid#: 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF VIRGINIA
Harrisonburg Division

IAN ENNIS as Administrator )

of the ESTATE OF RALPH ENNIS, )
)
Plaintiff, )
) Case No. 5:22-cv-00046
v. )
)
DEPUTY TYLER POE, and )
DEPUTY ZACHARY FADLEY )
)
Defendants. )

COMPLAINT

Plaintiff Ian Ennis as Administrator of the Estate of Ralph Ennis, by and through

undersigned counsel, brings this action against Defendants Deputy Tyler Poe and Deputy Zachary

Fadley and sets forth as follows in support of his Complaint:

INTRODUCTION

1. This matter arises out of the unreasonable and excessively forceful seizure of Ralph

Ennis, who died from injuries sustained when Defendants used excessive force to arrest and detain

Mr. Ennis during a routine traffic stop.

2. The Estate seeks a monetary remedy for the violation of Mr. Ennis’ Fourth

Amendment rights by virtue of the 42 U.S.C. § 1983 and further seeks remedies as provided under

the laws of the Commonwealth of Virginia.

JURISDICTION AND VENUE

3. This Court has subject matter jurisdiction over Plaintiff’s federal law claims under

28 U.S.C. § 1331.

4. Personal jurisdiction is proper over Defendants, because they resided and worked
 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 2 of 13 Pageid#: 2

within the Harrisonburg Division of the Western District of Virginia at all times relevant to this

Complaint.

5. Venue is proper in this Court under 28 U.S.C. § 1391(b) and assignment to this

division is proper pursuant to Local Rule 2(a)(5), because all events related to this matter took

place in Warren County, which is located within the Harrisonburg Division of the Western District

of Virginia.

PARTIES

6. Plaintiff Ian Ennis is an individual and, for all times relevant to this action, a resident

and domiciliary of the Commonwealth of Virginia. Mr. Ennis brings this suit in his capacity as the

Administrator of the Estate of Ralph Ennis.

7. Defendant Deputy Tyler Poe (hereinafter referred to as “Defendant Poe”) is an

individual and, for all times relevant to this action, was employed by the Warren County Sheriff's

Office and was a resident and domiciliary of the Commonwealth of Virginia. Defendant Poe is

being sued in his individual capacity

8. Defendant Deputy Zachary Fadley (hereinafter referred to as “Defendant Fadley”) is

an individual and, for all times relevant to this action, was employed by the Warren County

Sheriff's Office and was a resident and domiciliary of the Commonwealth of Virginia. Defendant

Fadley is being sued in his individual capacity.

9. At all times relevant to this Complaint, Defendants were state actors and acted under

color of state law.

 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 3 of 13 Pageid#: 3

FACTS

10. On the night of April 2, 2022, Ralph Ennis, a 77-year-old man suffering from

dementia, was driving his 2016 Ford F-150 pickup truck southbound on Winchester Road in

Warren County.

11. At approximately 01:20 AM, Ralph Ennis passed Deputy Christopher Pontius of

the Warren County Sheriff’s Office who was running stationary radar at Winchester Road and

Route 639 in a marked police vehicle.

12. Deputy Pontious’ reported that Mr. Ennis was traveling at a speed of 63 mph, only

8 mph above the posted 55 mph zone.

13. Deputy Pontious also reported that Mr. Ennis’ vehicle was swaying from side to

side in its lane and there was an issue with a taillight.

14. With this context, Deputy Pontious pursued Mr. Ennis’ vehicle and activated his

vehicle’s blue lights to initiate a routine traffic stop. In reaction, Mr. Ennis slowed his vehicle to

around 45 mph, but continued southbound on Winchester Road towards the town of Front Royal,

Virginia without pulling over.

15. Deputy Pontious radioed in that he was attempting to stop a vehicle and it had

slowed down, but was continuing towards Front Royal.

16. After Deputy Pontious reported that Mr. Ennis passed several opportunities to pull

over, he activated his vehicle siren. In reaction, Mr. Ennis slowed his vehicle to around 35 mph,

but continued southbound towards Front Royal.

17. Deputy Pontious activated his body camera while following Mr. Ennis’ vehicle.
 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 4 of 13 Pageid#: 4

18. Shortly after Deputy Pontius activated his siren, Mr. Ennis turned his vehicle into

the parking lot of the Royal Farms gas station, located directly off Winchester Road at 260 Crooked

Run Road, Front Royal, Virginia 22630.

19. Mr. Ennis’ vehicle drove through the Royal Farms parking lot to an adjoining 7-11

parking lot, located at 251 Crooke Run Plaza, Front Royal, Virginia 22630, and pulled into a

parking space.

20. Deputy Pontious pulled up behind Mr. Ennis’ vehicle - blocking it in. He turned

off his vehicle siren, but left the vehicle blue lights activated. Deputy Pontious exited his vehicle

and began commanding for Mr. Ennis to “step out of the car.”

21. Attempting to comply, Mr. Ennis then began to exit. However, he had only slightly

opened his driver side door when Canine Officer Sergeant Gregory shouted a conflicting command

of “Driver stay in the car! Follow our commands!” and notified Mr. Ennis of the presence of a

canine officer, adding that “if you do not follow our commands, you will get bit!” At this point,

Mr. Ennis started to close his door.

22. Another officer on the scene then commanded for Mr. Ennis to “Get out of the car!”

and “Get your hands up!” At this point Mr. Ennis slowly opened his driver side door. Deputy

Pontious then commanded for Mr. Ennis to “step out of the car!”

23. Mr. Ennis stepped out of his vehicle appearing visibly confused and disoriented.

24. Deputy Pontious ordered Mr. Ennis to “face away from me,” “face 7-11,” and “to

turn around!” while pointing behind Mr. Ennis.

25. Mr. Ennis, who appeared to not hear or was generally confused by the multiple and

sometimes conflicting commands, began to slowly walk away from his vehicle towards Deputy

Pontious while holding his vehicle keys in his right hand:

 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 5 of 13 Pageid#: 5

26. Mr. Ennis continued to appear confused and disoriented, but complied with Deputy

Pontious’ command to turn around and began walking back to the rear of his vehicle.

27. Deputy Pontious then ordered Mr. Ennis to “drop your keys!” and Mr. Ennis

responded by turning around to face Deputy Pontious. In the video, Mr. Ennis appears to mouth

the word “What?”

28. At this time, Defendant Poe quickly rushed Mr. Ennis from behind, and without

announcing his presence or giving Mr. Ennis any verbal command, violently grabbed Mr. Ennis

and slammed Mr. Ennis’ face and body into the rear of Mr. Ennis’ truck.

29. Mr. Ennis screamed out in a panic, “Wait a minute!” as the force of Defendant Poe

violently slamming him into the vehicle caused Mr. Ennis’ baseball cap to fly off his head.

30. The Warren County Sheriff's Office official press release concerning this incident

stated that “Mr. Ennis continued failure to comply with the lawful orders to stop, resulted in a

WSCO deputy approaching Mr. Ennis from behind, and grabbing his arms in an attempt to control
 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 6 of 13 Pageid#: 6

Ennis and place him under arrest. The deputy continued to give him commands to stop resisting,

drop the keys and place his hand behind his back as Mr. Ennis was escorted several feet away to

the rear of his pickup truck.” However, Deputy Pontious’ body camera footage clearly shows that

Mr. Ennis was visibly confused and attempting to comply with all commands when Defendant Poe

gave no verbal command or warning and slammed, not “escorted,” Mr. Ennis into the rear of his

vehicle, causing significant injuries.

31. As Defendant Poe violently pressed Mr. Ennis against the rear of his vehicle,

Defendant Fadley immediately rushed in from the side, and without announcing his presence or

giving any verbal command, violently pushed and tackled Mr. Ennis and Defendant Poe to the

pavement behind the vehicle.

32. As Mr. Ennis was pushed and tackled towards the pavement, his legs were caught

on his vehicle’s protruding tow hitch as he tumbled sideways with Officer Fadley’s entire body

weight on top of him. Defendant Fadley issued his first verbal command - “Get on the ground!” –

as Mr. Ennis’ head slams into the pavement:

 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 7 of 13 Pageid#: 7

33. While Defendants handcuffed Mr. Ennis on the ground, Mr. Ennis can be heard on

Deputy Pontious’ body camera footage frantically pleading for help and crying out in extreme

pain. The images below show Mr. Ennis on the ground directly after sustaining injuries to his face,

head, and extremities, as well as the extent of the bleeding from his injuries.
 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 8 of 13 Pageid#: 8

34. Front Royal Police Department Corporal R.D. Lowery, who was also dispatched to

the scene of the incident, arrived in time to observe the Defendants encounter with Mr. Ennis. In

his report, Corporal Lowery (who was farther away from Mr. Ennis than the Defendants) described

his initial impression of Mr. Ennis as appearing “elderly and confused.”

35. Corporal Lowery described his observations as follows: “[t]he Deputy (Defendant

Poe) slammed the male into the camper top face first. I observed the male spit something out on

the pavement just below his body. Another Deputy (Defendant Fadley) came from the side of the

male while the Deputy had his hands behind his back. The male was pushed over but his legs

caught the hitch on the back of the truck.”

36. As Corporal Lowery left the scene of the incident, his body camera footage

captured him stating “that was f***king unjust and f***ing un-f***ing called for” and “Jesus

Christ, oh that’s going to be…” before the video cuts out. Corporal Lowery’s subjective impression

of the situation clearly demonstrates he believed that there was an excessive use of force against

Mr. Ennis.

37. After the altercation, Mr. Ennis was handcuffed, searched, and Emergency Medical

Services (EMS) were called to the scene to tend to Mr. Ennis multiple injuries.

38. No weapons were found on Mr. Ennis.

39. There is no factual basis within the materials to indicate that Mr. Ennis gave any of

the officers reason to believe he was armed. Mr. Ennis did not act in a threatening manner in any

way. On the contrary, Mr. Ennis at all times presented as an elderly man who appeared confused

and disoriented, but attempting to comply with various commands in a disconcerting environment.

40. Mr. Ennis was completely sober at the time of the incident and the officer issued

breathalyzer test returned a result of 0.000.

 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 9 of 13 Pageid#: 9

41. Mr. Ennis was then taken by EMS to Warren Memorial Hospital for treatment at

approximately 02:15 AM.

42. Mr. Ennis presented at Warren Memorial Hospital with significant head trauma:

43. Hospital staff reported that Mr. Ennis was “completely confused. He does not know

where he is. He is not able to tell me the name of his son. He does not recall the altercation that

led to his injury and hospitalization. He is not able to provide any further history.”

44. A CT scan was ordered, and hospital staff diagnosed Mr. Ennis with a traumatic

brain injury caused by the fall, specifically a bleed in his brain known as a subarachnoid

hemorrhage in the left parietal and occipital lobes.

45. Mr. Ennis was then transferred from Warren Memorial Hospital to Winchester

Hospital for the severity of his trauma, arriving at approximately 06:30 AM.

46. Mr. Ennis’ was diagnosed with terminal intracerebral hemorrhage. His health

continued to decline at Winchester Hospital and his family decided to change his level of care to
 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 10 of 13 Pageid#: 10

comfort or palliative care. Mr. Ennis was then transferred to Blue Ridge Hospice on April 14,

2022, for end-of-life care.

47. Mr. Ennis died from his injuries on April 15, 2022.

COUNT I
Excessive Force in Violation of the Fourth Amendment (42 U.S.C. § 1983)

48. Plaintiff hereby incorporates the allegations in the preceding and subsequent

paragraphs as if fully set forth herein.

49. The Fourth Amendment to the United States Constitution provides that the “[t]he

right of the people to be secure in their persons, houses, papers, and effects, against unreasonable

seizures shall not be violated.” U.S. Const. Amend. 4.

50. The Fourth Amendment’s protections apply to the use of excessive force by law

enforcement officials against a free citizen. Graham v. Connor, 490 U.S. 386, 394. (1989).

51. The Fourth Amendment is applicable to the Commonwealth of Virginia under the

Fourteenth Amendment.

52. Defendants unreasonably used excessive force against Mr. Ennis when they effected

their arrest by slamming the elderly man face first into his vehicle and then tackling him the ground

after he was already restrained, causing a traumatic and ultimately fatal brain injury.

53. No objectively reasonable law enforcement officer would have believed that the

elderly and visibly confused Mr. Ennis posed any threat or significant risk of harm to himself or

any other person.

54. No objectively reasonable law enforcement officer would believe that the level of

force used by the Defendants was necessary to subdue an elderly and visibly confused man during

a routine traffic stop.

55. As such, the Defendants violated Ralph Ennis’ clearly established constitutional
 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 11 of 13 Pageid#: 11

rights under the Fourth Amendment.

56. As a direct and proximate result of the Defendants actions, Ralph Ennis suffered the

injuries described above, resulting in his death.

COUNT II
Battery in Violation of Virginia Law (Wrongful Death)

57. Plaintiff hereby incorporates the allegations in the preceding paragraphs as if fully

set forth herein.

58. Battery is the unlawful touching of another. Any arrest which utilizes excessive

physical force constitutes batter because the touching is not justified or excused.

59. Virginia Code § 8.01-50, et seq., establishes liability for the individuals when their

wrongful acts result in the death of another person.

60. At all relevant times, both Defendants had a duty to use only the amount of force

necessary in subduing Mr. Ennis.

61. Defendants’ excessive physical force against Ralph Ennis was utilized without proper

verbal warning and was not justified in any way.

62. The extensive injuries suffered by Mr. Ennis demonstrate the excessive force used to

subdue a person who was complying with verbal commands, appeared elderly and confused, and

posed no immediate threat to others.

63. These actions constitute a battery under Virginia law.

64. As a direct and proximate result of the Defendants battery against Ralph Ennis, Mr.

Ennis suffered the injuries described above, resulting in his death.

DAMAGES

65. Plaintiff hereby incorporates the allegations in the preceding paragraphs as if fully

set forth herein.

 Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 12 of 13 Pageid#: 12

66. As a result of Defendants’ unconstitutional and tortious actions as described herein,

Raph Ennis sustained serious injuries ultimately causing his wrongful death.

67. As a direct and proximate result of Defendants’ unlawful, intentional, and/or grossly

negligent actions as set out above, Ralph Ennis’ beneficiar(ies) suffered one or more of the

following damages:

a. Funeral and burial expenses;

b. Sorrow, mental anguish and loss of solace;

c. Loss of income;

d. Loss of services, protection, care and assistance.

68. As such, Plaintiff seeks actual and punitive damages and such other and further relief

as this honorable court and the jury deem just and proper.

WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $5,000,000

for compensatory damages, plus interest, punitive damages in the sum of $1,000,000, as well as

his fees and costs expended in this action pursuant to 42 U.S.C. § 1988.

TRIAL BY JURY IS DEMANDED.

Respectfully submitted,

IAN ENNIS
Administrator of the Estate of
RALPH ENNIS

/s/
By: ____________________

Seth Carroll (VSB No. 74745)

Adam Dourafei (VSB No. 94730)
Commonwealth Law Group
3311 West Broad Street
Richmond, Virginia 23230
(804) 999-9999
[email protected]
Case 5:22-cv-00046-EKD Document 1 Filed 08/02/22 Page 13 of 13 Pageid#: 13

Susan F. Pierce (VSB No. 27695)

31 Winchester Street
Warrenton, Virginia 20186
(540) 347-9223
[email protected]
Co-counsel for Plaintiff
 Case 5:22-cv-00046-EKD Document 1-1 Filed 08/02/22 Page 1 of 1 Pageid#: 14
JS 44 (Rev. 04/21) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
IAN ENNIS AS ADMINISTRATOR OF THE ESTATE OF DEPUTY TYLER POE AND DEPUTY ZACHARY FADLEY
RALPH ENNIS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
SETH R. CARROLL, COMMONWEALTH LAW GROUP,
3311 WEST BROAD ST., RICHMOND, VA 804-999-9999

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. § 1983
VI. CAUSE OF ACTION Brief description of cause:
EXCESSIVE FORCE
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 6,000,000.00 JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
08/02/2022
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

$402 No Dillon
AVAWDC-4002639 522cv46