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Shomari Staten's lawsuit against Carrollton

Shomari Staten's lawsuit against Carrollton

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Categories:Types, Legal forms
Published by: The Dallas Morning News on Mar 11, 2010
Copyright:Attribution Non-commercial

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08/17/2011

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IN THE UN ITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SHOMARI STATEN
§
PLAINTIFF,
§
CIVIL ACTION NO
. 3
:10-CV-00342
V
.
§
THE CITY OF CARROLLTON TEXAS, §
AND OFFICER DAVID TATOM,
§
DEFFENDANTS
.
§
PLAINTIFF'S ORIGINAL COMPLAINT AND REQUEST FOR JURY TRIAL
TO THE HONORABLE JUDGE OF SAID COURT
:
COMES NOW, SHOMARI STATEN, "Plaintiff', complaining of the City of Carrollton, Texas,
and police officer David Tatom, "Defendants", and in support thereof would respectfully showthe Court the following
:
A
. Parties
1
.
Plaintiff, Shomari Staten, is an individual who resides in Carrollton, Dallas County,
Texas
.
2
.
Defendant, the City of Carrollton, Texas, (the "City") operates the Carrollton PoliceDepartment (the "Department") and is legally responsible for the actions of its officers, is a
municipal corporation who may be served by delivering a copy the Summons and of the
Complaint to the Carrolllton City Manager, Leonard Martin, at City Hall,
2nd
Floor, 1945 E
.
Jackson Rd
., Carrollton, Texas 75006
.
3
.
Defendant David Tatom ("Defendant Tatom") is a police officer with the Department and
PLAINTIFF'S ORIGINAL COMPLAINT AND REQUEST FOR JURY TRIALPAGE 1
Case 3:10-cv-00342-P Document 1 Filed 02/19/2010 Page 1 of 10
 
may be served at 2025 E
. Jackson Rd., Carrollton, Texas 75006
.
B
. Jurisdiction and Venue
4
.
This Court has jurisdiction over the lawsuit because the suit arises under several federalstatutes including 42 U.S.C. Section 1983 and seeks redress for violations of rights guaranteedby the Constitution of the United States and therefore presents a federal question. The actions of
the Defendants occurred within the City of Carrollton, Dallas County, Texas and were done
under the color of state law and said Defendants were acting within their official capacities
.
C
. Demand for Jury
5
.
Plaintiff demands a jury on all issues triable to a jury
.
D
. Facts
6
.
Plaintiff is an African American male and at all relevant times was a resident of
Carrollton, Dallas County,7
.
At all material times Plaintiff was in the business of buying and selling cars
.
8
.
On the afternoon of February 21, 2009 Plaintiff and a business associate, Demetrius
Carter, who was also African American, were legally parked in a shopping center parking lot inCarrollton, Texas. They were sitting in a legally registered blue 1997 Geo Prizm
.
9
.
The purpose for Plaintiff being in that particular parking lot was that he was deliveringthe car to a buyer of the vehicle. That buyer, a Caucasian woman, was inside her bank at thatlocation to obtain a cashier's check to pay Plaintiff for the vehicle
.
PLAINTIFF'S ORIGINAL COMPLAINT AND REQUEST FOR JURY TRIAL
PAGE
2
Case 3:10-cv-00342-P Document 1 Filed 02/19/2010 Page 2 of 10
 
10
.
While sitting in the car waiting for the purchaser, Plaintiff saw a Carrollton police carpull behind the Geo Prizm. The squad car had its emergency lights on
.
11
.
Mr
. Carter was sitting in the front driver's side seat and Plaintiff was in the frontpassenger seat. An African American officer got out of the squad car and approached the driver's
side window
. The officer, whom Plaintiff recognized from the officer's off duty security work ata local auto auction, began questioning Mr. Carter and Plaintiff about allegedly stealing licenseplates. Plaintiff explained that he was selling the vehicle and that he had to change out the licenseplate as required by law
.
12
.
Plaintiff got out of the car to show identification of himself and that his company was theowner of the vehicle. When Plaintiff stepped out he noticed that a second officer was standing at
the rear end of the Geo Prizm
. That officer, a Caucasian male later identified as Defendant
Tatom, ordered Plaintiff to take his hand out of his pockets. Before he could produce
identification, Plaintiff put his hands in the air and identified himself and declared to DefendantTatom that he was a concealed handgun license holder
.
13
.
Immediately, Defendant Tatom forcefully turned Plaintiff around, reached into Plaintiffspants, grabbed Plaintiffs lawfully held handgun, and violently slammed Plaintiff to the ground
.
Defendant Tatom continued to use excessive force while Plaintiff was on the ground
.
14
.
The unjustified excessive force caused Plaintiff to suffer physical and other injuries
.
Defendant Tatom slammed Plaintiff to the ground and continued to slam Plaintiff while on the
ground
. Defendant Tatom also forcefully placed his knee on Plaintiffs back and viciously andrepeatedly jerked and twisted Plaintiffs arm despite the fact that Plaintiff put up no resistance
.
When Plaintiff repeated that he held a concealed handgun license, Defendant Tatom exclaimed
PLAINTIFF'S ORIGINAL COMPLAINT AND REQUEST FOR JURY TRIAL
PAGE
3
Case 3:10-cv-00342-P Document 1 Filed 02/19/2010 Page 3 of 10

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