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Cota Fabian Lawsuit vs Sd

Cota Fabian Lawsuit vs Sd

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Published by ray stern

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Published by: ray stern on Apr 26, 2012
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03/24/2014

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MARY FRANCES PREVOST
(SBN157782)Attorney At Law402 West Broadway, Suite 950San Diego, California 92101Tel: (619) 692-9001Fax: (619) 255-0726Email: Mfprevost@aol.comAttorney for Plaintiff JAVIER COTA
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIA
SGT. JAVIER COTA, in individual,Plaintiffsv.CITY OF SAN DIEGO, CHIEF OFPOLICE WILLIAM LANSDOWNE,ASSISTANT CHIEF BOYD LONG,SDPD OFFICER ARIEL SAVAGE, SDPDOFFICER JUSTIN MATTLY, SDPDSERGEANT, SDPD SGT. CM SAROT,SDPD LT. DAN CHRISTMAN, SDPDSGT. BRET RIGHTHOUSE, and DOES 1-50, inclusive,Defendants. ________________________________)))))))))))))))))) No.
COMPLAINT FOR DAMAGES
1.Violation of Civil Rights(42 U.S.C. §1983)2.
 Monell Claim
(42 U.S.C. §1983)3.Violation of Civil Rights(42 U.S.C. §1985(3)4.Assault & Battery5.False Arrest6.Civil Conspiracy7. Torts in Essence8. Intentional Infliction of Emotional Distress9. Negligence10. Negligent Employment11. Banes Civil Rights Claim
DEMAND FOR JURY TRIALJURISDICTION
Jurisdiction of this court is invoked under 28 U.S.C. §§ 1343, (1), (2), (3) and(4). This action at law for money damages arises under Title 42 U.S.C. Section 1983,Title 42 U.S.C. Section 1985 and the United States Constitution, the laws of the Stateof California and common law principles to redress a deprivation under color of statelaw of rights, privileges and immunities secured to Plaintiffs by said statutes, and by
'12
CV0998
NLS
JAH
Case 3:12-cv-00998-JAH-NLS Document 1 Filed 04/23/12 Page 1 of 23
 
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the First, Fourth, and Fourteenth Amendments of the United States Constitution.
ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
1.At all times herein mentioned, Plaintiff JAVIER COTA, was a residentof the Arizona, a Sergeant with the Mesa, Arizona Police Department, and thePresident of the Mesa Police Officer’s Association. All of the events complained of herein occurred in the City of San Diego.2.At all times herein mentioned, Defendants Officers Justin MATTLY andAriel SAVAGE, individually and as a peace officers and DOES 1-50 were employeesof the City of San Diego and the San Diego Police Department.3.At all times herein mentioned, Defendant Sgt. CM SAROT,individually, and as a peace officer, was an employee of the City of San Diego andthe San Diego Police Department.4.At all times herein mentioned, Defendant lt. Dan CHRISTMAN,individually, and as a peace officer, was an employee of the City of San Diego and theSan Diego Police Department.5.At all times herein mentioned, Defendant Sgt. Bret RIGHTHOUSEindividually, and as a peace officer, was an employee of the City of San Diego andthe San Diego Police Department.6.At all times herein mentioned, Defendant Boyd LONG, individually, andas a peace officer, was an employee of the City of San Diego and the San Diego PoliceDepartment. Long is the assistant chief over patrol operations at the San Diego PoliceDepartment.7.Defendant CITY OF SAN DIEGO, (hereinafter referred to as "CITY")is and at all times herein mentioned has been a public entity and an incorporated Cityduly authorized and existing as such in and under the laws of the State of California;and at all times herein mentioned, Defendant CITY has possessed the power andauthority to adopt policies and prescribe rules, regulations and practices affecting theoperation of the San Diego Police Department, and particularly said Department's
Case 3:12-cv-00998-JAH-NLS Document 1 Filed 04/23/12 Page 2 of 23
 
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Patrol, Internal Investigations and Training and Personnel Divisions and other operations and subdivisions presently unidentified to Plaintiff, and their tactics,methods, practices, customs and usages.8.Defendant WILLIAM LANSDOWNE was and is the Chief of Police of Defendant CITY OF SAN DIEGO, and agent of Defendant CITY OF SAN DIEGO.Plaintiff is informed and believes and based upon that alleges that DefendantsLANSDOWNE and LONG are responsible for implementing, maintaining,sanctioning, or condoning policies, practices, and customs, under which the other Defendants committed illegal or wrongful acts that are complained of in this lawsuit.By reason of these policies, practices, and customs, Defendants LANSDOWNE andLONG are liable for the damages that resulted.9.Plaintiffs are informed and believe and thereon allege that each of theDefendants designated as a DOE is intentionally responsible in some manner for theevents and happenings herein referred to, and thereby proximately caused injuries anddamages as herein alleged. The true names and capacities of DOES 1 through 50,inclusive, and each of them, are not now known to Plaintiff who therefore sues saidDefendants by such fictitious names and will be added to this action as provided byCalifornia Code of Civil Procedure Section 484.10.Defendants, and each of them, did the acts and omissions hereinafter alleged in bad faith and with knowledge that their conduct violated well establishedand settled law.11.Plaintiff Sgt. COTA submitted a timely claim under CaliforniaGovernment Code §910, which claim was denied on October 24, 2011.12.The incidents complained of began in the City of San Diego on June 4,2011 on which date Defendants MATTLY and SAVAGE maliciously, forcibly andunlawfully arrested, assaulted and battered Plaintiff JAVIER COTA. MATTLY andSAVAGE were in full San Diego Police uniform and on duty in the Gaslamp Quarter in San Diego.
Case 3:12-cv-00998-JAH-NLS Document 1 Filed 04/23/12 Page 3 of 23

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