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Matthew David Kelly v. Clinton Sines, et. al.

Matthew David Kelly v. Clinton Sines, et. al.

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Published by sandyatscene
"A Hamilton County man has filed a federal lawsuit against the Fayette County sheriff and a deputy, and a State Highway Patrol trooper, alleging excessive use of force after he was shot in the eye with a Taser." - Columbus Dispatch, May 10, 2014
"A Hamilton County man has filed a federal lawsuit against the Fayette County sheriff and a deputy, and a State Highway Patrol trooper, alleging excessive use of force after he was shot in the eye with a Taser." - Columbus Dispatch, May 10, 2014

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Published by: sandyatscene on May 10, 2014
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06/07/2014

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1
IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MATTHEW DAVID KELLY
 : CASE NO: 2:14-cv-307 144 Flintstone Drive Harrison, Ohio 45030 : Plaintiff : -vs- :
CLINTON E. SINES
:
 COMPLAINT AND JURY DEMAND
Fayette County Deputy Sheriff in his individual capacity : c/o Vernon P. Stanforth : Fayette County Sheriff 113 East Market Street : Washington Court House, Ohio 43160 : and :
VERNON P. STANFORTH
Fayette County Sheriff : in his official capacity 113 East Market Street : Washington Court House, Ohio 43160 : and :
BRYAN COOK
Ohio State Trooper : in his individual capacity : c/o Ohio State Highway Patrol Wilmington Patrol Post : 950 Rombach Avenue Wilmington, Ohio 45177 : Defendants :
PARTIES
For his complaint against Defendants Clinton E. Sines, Vernon P. Stanforth, and Bryan
Case: 2:14-cv-00307-GLF-NMK Doc #: 1 Filed: 04/02/14 Page: 1 of 8 PAGEID #: 1
 
2 Cook, Plaintiff Matthew D. Kelly states as follows: 1. Plaintiff Matthew D. Kelly is a natural person who resides in the City of Harrison, Hamilton County, Ohio. 2. Defendant Clinton E. Sines is a natural person who resides in Washington Court House, Fayette County, Ohio. At all relevant times, Sines was employed as a deputy sheriff by the Fayette County Sheriff 
s Office and was acting under color of state law. 3. Defendant Vernon P. Stanforth is and at all relevant times was the Sheriff of Fayette County, Ohio and employed Defendant Clinton E. Sines as an assistant deputy sheriff. 4. Defendant Bryan Cook is a natural person who at all relevant times was employed as a patrol officer by the Ohio Highway Patrol and was acting under color of state law.
JURISDICTION AND VENUE
5. This action is brought under 42 U.S.C. § 1983 to redress injuries to Mr. Kelly caused
 by Defendant Sines’s use of excessive force
 against Mr. Kelly
and Defendant Cook’s failure to intervene to stop Sines’s use of excessive force.
This court has jurisdiction of this cause under 42 U.S.C. § 1983 and 28 U.S.C. § 1331. This court has supplemental jurisdiction of the state law claims pursuant to 28 U.S.C. § 1367(a). 6. Venue in the United States District Court, Southern District of Ohio is proper  pursuant to 28 U.S.C. § 1391(b) as the acts complained of occurred in this judicial district.
FACTUAL ALLEGATIONS
7. In the early morning hours of May 25, 2013, Mr. Kelly was a passenger in a  pickup truck being driven southbound on Interstate 71 by his friend, Justin Runck. Mr. Kelly was asleep in the front passenger seat when State Trooper Bryan Cook signaled Runck to pull over for a traffic violation.
Case: 2:14-cv-00307-GLF-NMK Doc #: 1 Filed: 04/02/14 Page: 2 of 8 PAGEID #: 2
 
3 8. Runck pulled his pickup truck onto the inside shoulder of the highspeed lane of Interstate 71. Cooke ordered Runck from his truck and had Runck perform field sobriety tests. He then handcuffed Runck and arrested him for driving under the influence of alcohol. Cook
 placed Runck in the front seat of the police cruiser, which was parked directly behind Runck’s
 pickup truck. 9. Mr. Kelly remained asleep in the front passenger seat of the pickup truck. 10. Defendant Sines
arrived at the scene, left his vehicle, and stood near Cook’s
cruiser. Cook asked Sines
to watch Runck while he went to “wake up the passenger.”
11.
Cook opened the driver’s side door of Runck’s pickup in order to awaken Mr.
elly. Cook, leaning over the driver’s seat, said “Partner, hey partner.”
When Mr. Kelly did not
respond, Cook reached into the truck and shook Mr. Kelly’s arm and shoulder, yelling “Hey, hey, hey.”
 12. Mr. Kelly was startled and flailed his arms over his head. He remained in the  passenger seat of the pickup restrained by his locked seatbelt. Cook stepped back and shouted
“Wake up, wake up, get up.”
13.
Sines then ran to the passenger side of Runck’s pickup truck and opened the door.
Sines pointed his taser at Mr. Kelly and said
“Sheriff’s Office, show us your hands.”
 Cook said,
“I know you’re
 asleep, now get out
.”
 14. Without giving Mr. Kelly time to comply with these commands, Sines grabbed the back of
Mr. Kelly’s sweatshirt and
 attempted to pull him out the passenger side of the truck. Mr. Kelly was restrained by his seatbelt; Sines continued to pull on Mr.
Kelly’s
 sweatshirt so that his head and torso came outside the truck into a horizontal position. 15. Sines pulled Mr. Kelly so far from th
e truck that Mr. Kelly’s hands and then his
Case: 2:14-cv-00307-GLF-NMK Doc #: 1 Filed: 04/02/14 Page: 3 of 8 PAGEID #: 3

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