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Lynn Bedford v City of Keene

Lynn Bedford v City of Keene

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Published by Robert Wilonsky
79-year-old woman sues city over being yanked out of her car by a police officer in the summer of 2012.
79-year-old woman sues city over being yanked out of her car by a police officer in the summer of 2012.

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Published by: Robert Wilonsky on Aug 18, 2014
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08/27/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASDALLAS DIVISION
LYNN SHELTON BEDFORD,
§Plaintiff,§§v.§§
Civil Action No.:_______________ CITY OF KEENE, and
§
OFFICER GENE GEHEB,
§Defendants.§
PLAINTIFF’S ORIGINAL COMPLAINTI. Parties
1.01.Plaintiff Lynn Shelton Bedford (“Bedford” or “Plaintiff”) is an individual who residesin the Northern District of Texas.1.02.Defendant City of Keene is incorporated as a municipality located in Johnson County,Texas, and at all time material to this Complaint was the public employer of Officer GeneGeheb.1.03.Defendant Officer Gene Geheb (“Geheb”) was, at all times material to this Complaint,a police officer employed by the City of Keene, Texas, and a resident of the State of Texas;he is being sued personally and in his official capacity.
II. Jurisdiction
2.01.The Court has jurisdiction over the lawsuit pursuant to 28 U.S.C. § 1331, 1343, and
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under the supplemental jurisdiction of this Court to entertain claims arising under state law.
III. Venue
3.01.Venue is proper in the Northern District of Texas, Dallas Division, pursuant to 28U.S.C. § 1391(c ) as Geheb is subject to personal jurisdiction in the Dallas Division of the Northern District of Texas and City of Keene is located in the Dallas Division of the Northern District of Texas.
IV. Factual Background
4.01.On or about August 18, 2012, Geheb effected a traffic stop of the vehicle beingoperated by Plaintiff within the City of Keene, Texas.4.02.Geheb established contact with Plaintiff and informed her that she was stopped for speeding, but within less than thirty seconds of first speaking with her, he forcibly yankedher from the driver seat of her SUV and threw her to the ground.4.03.Plaintiff was then handcuffed and detained in the back of Geheb’s patrol car.4.04.At the time of the traffic stop set forth above, Plaintiff was 77-years old and agrandmother.4.05.Plaintiff suffered
a painfully-bruised tailbone, bruising on her arm, and a soreshoulder as a result of being yanked to the ground out of her driver’s seat by Geheb.
4.06.At all time relevant to the facts set forth in this complaint, Defendant Geheb wasacting under his own capacity and the color of the statutes, ordinances, regulations, customs
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and usage of the Defendant City of Keene and the State of Texas pursuant to his authority as a police officer.4.07. Under Texas law, a motorist can not be arrested for speeding. Tex. Transp. Code Ann.§§ 543.004(a), 543.005.
V. Conditions Precedent
5.01.All conditions precedent have been performed or have occurred.
VI. Nature of the Action
6.01This is a civil rights and wrongful arrest action for money damages arising under theConstitution of the United States, particularly the Fourth and Fourteenth Amendments to theConstitution of the United States; under the laws of the United States, particularly the CivilRights Act, 42 U.S.C. §§ 1983 and 1988, resulting from the wrongful arrest of Plaintiff andexcessive force used against her as a result of the wrongful conduct of the City of KeenePolice Department and Officer Geheb.6.02. Further, this is an intentional infliction of emotion distress action arising under Texasstate law against Defendant Geheb.
VII. Count I - 42 U.S.C. § 1983(4th Amendment Unreasonable Seizure)
7.01.As described more fully above, Defendant Geheb, while acting under color of law andwithin the course and scope of his employment as a police officer, violated Plaintiff’s rightto be free from unreasonable seizure by:a. using excessive and unreasonable force against her; and
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