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Marvin Long Ammended Lawsuit
Marvin Long Ammended Lawsuit
Plaintiff,
Defendants.
AMENDED COMPLAINT
counsel, files this COMPLAINT, requesting legal and equitable relief for
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his individual capacity; BRETT EVANS, in his individual capacity, and DARIEN
INTRODUCTION
On June 17, 2021, Marvin Eugene Long, a 53-year-old black man and
disabled veteran, was viciously attacked by members of the Colbert County Sheriff's
suspicion or arguable probable cause to do so. At all times during that attack, Mr.
Long was on his private property. Mr. Long was subsequently arrested and charged
with obstruction and resisting arrest absent arguable probable cause to do so. As a
result of the assault, Mr. Long sustained physical injuries and permanent scarring to
his body. Additionally, Mr. Long also suffered emotional injuries and damages as a
________________________
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Daniel Cruise name was spelled incorrectly as Daniel Crews in the original complaint.
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result of the Defendants unlawful and unconstitutional acts. Further, Mr. Long
brings state law claims and constitutional claims against all named Defendants.
1. This Court has subject matter jurisdiction under 28 U.S.C. § 1131 and 1343
over Plaintiffs’ claims under the United States Constitution, which are
2. This Court has supplemental jurisdiction over Plaintiffs’ state law claim
it forms part of the same case or controversy under Article III of the United
States Constitution.
PARTIES
authorized and existing as such in and under the laws of the State of
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6. Defendant Daniel Cruise was a citizen of the United States and a resident of
the State of Alabama and was acting under color of state law in his capacity
7. Defendant Tommy Mills was a citizen of the United States and a resident of
the State of Alabama and was acting under color of state law in his capacity
resident of the State of Alabama and was acting under color of state law in
9. Defendant Curtis Burns was a citizen of the United States and a resident of
the State of Alabama and was acting under color of state law in his capacity
with Colbert County Sheriff’s Office. Defendant Curtis Burns is sued in his
individual capacity.
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10. Defendant Jonathan Harkins was a citizen of the United States and a
resident of the State of Alabama and was acting under color of state law in
11. Defendant Tim Vanderford was a citizen of the United States and a resident
of the State of Alabama and was acting under color of state law in his
12. Defendant Tyler Evans was a citizen of the United States and a resident of
the State of Alabama and was acting under color of state law in his capacity
with Colbert County Sheriff’s Office. Defendant Tyler Evans is sued in his
individual capacity.
13. Defendant Max Dotson was a citizen of the United States and a resident of
the State of Alabama and was acting under color of state law in his capacity
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14. Defendant Brett Evans was a citizen of the United States and a resident of
the State of Alabama and was acting under color of state law in his capacity
15. Defendant Darien Fountain was a citizen of the United States and a resident
of the State of Alabama and was acting under color of state law in his
STATEMENT OF FACTS
16. On July 17, 2021, at approximately 1:10 P.M., Marvin Eugene Long
veteran, observing a law enforcement vehicle blocking the street near his
residence. Out of concern, Mr. Long walked outside his home to see what was
going on.
17. When he got outside, he walked in the street beside the police car and
no time did Mr. Long touch the law enforcement vehicle with his body.
18. While standing near the law enforcement vehicle Mr. Long observed law
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Mr. Long to get away from his car and threatened to take Mr. Long to jail for
obstruction if he did not step away from his vehicle. Mr. Long complied with
19. While complying with Defendant B. Evans’ order and walking towards his
residence and away from B. Evans’ vehicle, Mr. Long questioned B. Evans’
order and stated he had rights. At that time Defendant Tommy Mills
Mr. Long stated he had freedom of speech. Then Defendant Mills called Mr.
20. After the obscenity from Defendant Mills, Mr. Long continued to walk home
still complying with Defendant B. Evans’ order until he made it to his front
21. Subsequently, members of the Colbert County Drug Task Force walked onto
the private property of Mr. Long without oral or written consent, which
includes the deputies from Colbert County Sheriff's Office and the officers
from Sheffield Police Department after the executed arrest of two individuals
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22. Further, instead of leaving the Plaintiff alone the Defendants, upset and angry
from the police questioning followed Mr. Long back to his home without a
warrant, reasonable suspicion, nor probable cause to enter Mr. Long’s private
property.
23. Notably, Plaintiff told the Defendants if they did not have a warrant that they
could “go man” and leave his private property while standing now on his front
porch.
24. Then one of the Defendants told the Plaintiff that “no” this is not his property.
Mr. Long then told the Defendants again to “go man” and leave his property.
25. After a brief stare down between Mr. Long and the Defendants, Mr. Long
brutally grabbed Mr. Long and prevented him from entering his home. As a
result, Plaintiff instantly collapsed to the ground in pain while being violently
slammed and aggressively wrestle Mr. Long on the ground as he was grabbing
onto the porch railing screaming for “help!, help!”. On the ground one of the
defendants is heard saying, “you must think we are fucking stupid,” and
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consent.
27. Further, without legal justification, while Plaintiff was lying on the ground
that viciously attacked and mauled the Plaintiff. Officer Nick Risner yelled
over and over to the Police K9, “bite him! bite him!, get him!, good!” Mr.
Long was bitten by the Police K9 on the same leg that he had surgery on to
replace his bones with “rods”. Subsequently, Mr. Long was placed in
handcuffs.
28. At this point, Mr. Long needed medical attention from the dog bite and the
attack from the Defendants. However, Defendants took Mr. Long to jail for
Alabama Medical Center because of the dog bite on his left leg, knot on his
29. Each Defendant failed to intervene in preventing the other Defendants from
(hereinafter “Defendant Burns”) did nothing to stop the other defendants from
going onto the property of Mr. Long. Defendant Burns knew that Mr. Long
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was on Mr. Long’s property during the entirety of the vicious attack upon the
Plaintiff by the Defendants and by the K9. Never once did Defendant
Skipworth intervene to stop the other Defendants from the brutal malicious
31. As a direct and proximate result of the Defendants’ wrongful conduct, the
32. Plaintiff’s injuries include but are not limited to, loss of constitutional and
33. Plaintiff is also entitled to punitive damages on all of his claims against the
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34. Each of the Defendants failed to intervene in preventing the use of excessive
Complaint.
36. The actions and omissions of the Defendants were objectively unreasonable
under the circumstances, without legal justification or other legal rights, done
under color of law, within the course of scope of their employment as law
37. At all material times, and alternatively, the actions and omissions of each
conduct, Mr. Long sustained substantially injuries. These injuries include, but
are not limited to, loss of constitutional and federal rights, emotional distress,
and moving forces concerted conduct of all these Defendants. Plaintiff also
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39. In the alternative, the individual Defendants arrested Mr. Long due to their
confronting the above facts and circumstances. Their actions fell below that
circumstances.
40. The charges against Mr. Long were for Obstruction of Governmental
41. Plaintiff realleges and incorporates herein by reference each and every
Every person, who under color of any statute, ordinance, regulation, custom
or usage of any state or territory or the District of Columbia subjects or
causes to be subjected any citizen of the United States or other person within
the jurisdiction thereof to the deprivation of any rights, privileges or
immunities secured by the constitution and law shall be liable to the party
injured in an action at law, suit in equity, or other appropriate proceeding for
redress…..
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42. All individual Defendants to this claim, are person for purposes of 42 U.S.C.
§ 1983.
43. All individual Defendants, at all times relevant hereto, were acting under the
color of state law in their capacities as officers for the Sheffield Police
Tuscumbia, Alabama and their acts or omissions were conducted within the
44. At the time of the complained of events, Plaintiff had a clearly established
45. It is undisputed that Plaintiff was on private property at the time the
individuals Defendants seized and arrested the Plaintiff when the suspects
47. All individual Defendants engaged in the conduct described by this complaint
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48. All individual Defendants did so with shocking and willful indifference to
Plaintiff’s rights and with conscious awareness that it could cause Plaintiff
harm.
49. The acts or omissions of all individual Defendants were the moving forces
and caused him other damages. All individual Defendants are not entitled to
Plaintiff suffered loss of his freedom and other injuries. As a further result of
51. On information and belief, Plaintiff suffered lost future earnings and impaired
earnings capacities from the not yet fully ascertained sequelae of his injuries,
fees and cost pursuant to 42 U.S.C. § 1988, pre-judgment interest and costs as
allowable by federal law. There may also be special damages for lien
interests.
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Defendants are jointly and severally liable for violating Long’s Fourth
Amendment Rights.
c. Cost of suit;
54. Plaintiff realleges and incorporates herein by reference each and every
55. All individual Defendants to this claim, is a person for purposes of 42 U.S.C.
§ 1983.
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56. All individual Defendants, at all times relevant hereto, were acting under the
color of state law in their capacities as officers for the Sheffield Police
Tuscumbia, Alabama and their acts or omissions were conducted within the
57. At all times of the complained of events, Plaintiff had a clearly established
constitutional right under the First Amendment to be free from arrest after
58. The individual Defendants made the decision to arrest Plaintiff in retaliation
statements made by Plaintiff were not fighting words. The statements and
60. All individual Defendants engaged in the conduct described by this complaint
61. All individual Defendants did so with shocking and willful indifference to
Plaintiff’s rights and with conscious awareness that it could cause Plaintiff
harm.
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62. The acts or omissions of all individual Defendants were the moving forces
and caused him other damages. All individual Defendants are not entitled to
Plaintiff suffered loss of his freedom and other injuries. As a further result of
64. On information and belief, Plaintiff suffered lost future earnings and impaired
earnings capacities from the not yet fully ascertained sequelae of his injuries,
fees and cost pursuant to 42 U.S.C. § 1988, pre-judgment interest and costs as
allowable by federal law. There may also be special damages for lien
interests.
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Defendants are jointly and severally liable for violating Plaintiff’s First
Amendment Rights.
c. Cost of suit;
e. Trial by jury as issues so triable; and such other relief as this Honorable
68. All individual Defendants to this claim, is a person for purposes of 42 U.S.C.
§ 1983.
69. All individual Defendants, at all times relevant hereto, were acting under the
color of state law in their capacities as officers for the Sheffield Police
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Tuscumbia, Alabama and their acts or omissions were conducted within the
70. At the time of the complained events, Plaintiff had a clearly established
71. Plaintiff also had the clearly established Constitutional right under the Fourth
enforcement.
72. Any reasonable law enforcement officer knew or should have known of these
rights at the time of the complained conduct as they were clearly established
at that time.
73. The Defendants’ actions and use of force, as described herein, were
74. The Defendants’ actions and use of force, as described herein, were also
Plaintiff’s federally protected rights. The force used by Defendants shocks the
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76. The force used by the Defendants caused serious bodily injury to Plaintiff.
78. Defendants did so with shocking and willful indifference to Plaintiff’s rights
and their conscious awareness that they would cause Plaintiff severe physical
79. The acts or omissions of Defendants were moving forces behind Plaintiff’s
injuries.
deprived Plaintiff of his constitutional rights and caused him other damages.
81. The Defendants are not entitled to qualified immunity for their actions.
conduct, Plaintiff has suffered actual physical and emotional injuries, and
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be established at trial.
83. On information and belief, Plaintiff suffered lost future earnings and impaired
earnings capacities from the not yet fully ascertained sequelae of his injuries,
fees and cost pursuant to 42 U.S.C. § 1988, pre-judgment interest and costs as
allowable by federal law. There may also be special damages for lien
interests.
named Defendants under 42 U.S.C. § 1983, in that the actions of each of these
Defendants are jointly and severally liable for violating Plaintiff’s Fourth
Amendment Rights.
c. Cost of suit;
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87. All individual Defendants to this claim, is a person for purposes of 42 U.S.C.
§ 1983.
88. All individual Defendants, at all times relevant hereto, were acting under the
color of state law in their capacities as officers for the Sheffield Police
Tuscumbia, Alabama and their acts or omissions were conducted within the
89. Each above Defendants failed to intervene in preventing the other Defendants
90. Each individual had realistic opportunity to intervene to prevent the harm
91. Plaintiff was damaged and injured by the Defendants’ intentional failure to
and suffering. The force used by the Defendants caused serious bodily injury
to Plaintiff.
94. Defendants did so with shocking and willful indifference to Plaintiff’s rights
and their conscious awareness that they would cause Plaintiff severe physical
95. The acts or omissions of Defendants were moving forces behind Plaintiff’s
injuries.
deprived Plaintiff of his constitutional rights and caused him other damages.
97. The Defendants are not entitled to qualified immunity for their actions.
actual physical and emotional injuries, and other damages and losses as
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related expenses and may continue to incur further medical and other special
99. On information and belief, Plaintiff may suffer lost future earnings and
impaired earnings capacities from the not yet fully ascertained sequelae of his
and costs as allowable by federal law. There may also be special damages for
lien interests.
Defendants are jointly and severally liable for violating Plaintiff’s Fourth
Amendment Rights.
c. Cost of suit;
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103. All individual Defendants’ touched Plaintiff with the intent to harm or offend
him.
104. Plaintiff did not consent to the touching and was harmed by it.
touching.
distress, pain and suffering, loss of income, medical expenses, fear, trauma,
107. The conduct alleged herein was done in willful, malicious, intentional,
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damages to the fullest extent of the law against Defendants and demands trials
112. Defendants acted with reckless disregard of the probability that Plaintiff
would suffer emotional distress, knowing that Plaintiff was present when the
conduct occurred.
distress, pain and suffering, loss of income, medical expenses, fear, trauma,
and humiliation, and further damages according to proof at the time of trial.
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116. The conduct alleged herein was done in willful, malicious, intentional,
damages to the fullest extent of the law against Defendants and demands trial
119. Defendants unlawfully and without consent entered on the Property, which
Plaintiff was in possession of, and which Plaintiff had a right to be free from
interference.
direct force, including, but not limited to, physically grabbing, wrestling,
121. Defendants lacked verbal and written permission to enter the Property of the
Plaintiff.
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distress, pain and suffering, loss of income, medical expenses, fear, trauma,
distress, pain and suffering, loss of income, medical expenses, fear, trauma,
124. The conduct alleged herein was done in willful, malicious, intentional,
damages to the fullest extent of the law against Defendants and demands trials
Other Matters
126. All conditions precedent to the bringing of this suit have occurred.
Plaintiff prays that this Court enter judgment for the Plaintiff and against each of
e. attorney’s fees and the costs associated with this action under 42
U.S.C. § 1988, including expert witness fees, on all claims allowed
by law;
g. any further relief that this court deems just and proper, and any other
appropriate relief of law and equity.
/s/Harry M. Daniels
Harry M. Daniels, Esq
Georgia Bar No.: 234158
4751 Best Road Suite 490
Atlanta, GA 30337
Tel. 678.664.8529
Fax. 800.867.5248
Email: [email protected]
(Pending Pro hac vice admission)
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