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SUPERIOR COURT OF THE STATE OF WASHINGTON

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IN AND FOR PIERCE COUNTY

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MONIQUE CHARLENE TILLMAN and ERIC
BRANCH,
Plaintiffs,
v.

NO.: 16-2-07705-1
AMENDED COMPLAINT FOR
DAMAGES

JARED WILLIAMS, JOSHUA McKENZIE,
HENRY KNAACK, TACOMA POLICE
CHIEF DONALD RAMSDELL, THE CITY
OF TACOMA, SIMON PROPERTY GROUP,
UNIVERSAL PROTECTION SERVICES,
INC., and JOHN and JANE DOES 1 - 10,

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I. NATURE OF THE CASE-INTRODUCTION

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Plaintiffs Monique Tillman (Tillman) and Eric Branch (Branch) bring this action

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against the City of Tacoma and at least two of its police officers, and others, for the physical

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and emotional injuries caused by the Defendants when Defendant Williams attacked Tillman

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as she and Branch rode their bikes through the Tacoma Mall parking lot. Video surveillance

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of the attack can be viewed at https://youtu.be/CgMaidFegy4. Plaintiff Tillman also raises

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claims against the City of Tacoma and Defendants Williams and McKenzie for unlawful

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AMENDED COMPLAINT FOR DAMAGES - 1

TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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arrest, malicious prosecution, unlawful imprisonment and intentional infliction of emotional

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distress. Plaintiff Branch brings claims of unlawful arrest and intentional infliction of

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emotional distress. Plaintiffs Tillman and Branch bring claims against the City of Tacoma for

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the acts of the Defendant Officers and for the City of Tacoma’s policy, practice and custom

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which causes its police officers to attack citizens, including minors like Plaintiffs Tillman and

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Branch, in violation of their civil rights. The Plaintiffs also bring claims against Defendants

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Simon Properties and Universal Protection Services and their employee, Henry Knaack, a

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security guard employed by Defendants Universal Protection Services and Simon Properties,

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for instigating the attack on Plaintiffs, negligence, violation of civil rights and other claims.
This complaint is brought pursuant to 42 U.S.C. § 1983 and §1988 and supplemental

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state-law claims.

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II. PARTIES

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2.1.

On May 24, 2014, Plaintiff Monique Charlene Tillman was a minor, African-

American female who at all material times was a resident of Tacoma, Pierce County, State of
Washington. Ms. Tillman is now over the age of 18 years.
2.2.

On May 24, 2014, Plaintiff Eric Branch was a minor, African-American male

who at all material times was a resident of Tacoma, Pierce County, State of Washington. Mr.
Branch is now over the age of 18 years. Plaintiff Branch is Plaintiff Tillman’s brother.
2.3.

The City of Tacoma Police Department, at all relevant times, was an agency of

the City of Tacoma which operates, administers, and is responsible for the department. The
City of Tacoma Police Department provides, among other services, law enforcement services
to the residents, visitors, and businesses of the City of Tacoma. The City of Tacoma is a

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AMENDED COMPLAINT FOR DAMAGES - 2

TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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municipal corporation incorporated under the laws of the State of Washington. The City of

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Tacoma, at all relevant times, employed Defendants Williams, McKenzie, and John and Jane

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Doe Defendants.
2.4

Defendant Jared Williams, at all relevant times, was a police officer employed

by the City of Tacoma, who, during the events alleged herein, was working as a Tacoma
police officer and in an off-duty capacity for Defendant Universal Protection Services and
Defendant Simon Property Group at the Tacoma Mall, Tacoma, Pierce County, State of
Washington.
2.5.

Defendant Joshua McKenzie, at all relevant times, was a police officer

employed by Defendant City of Tacoma.
2.6.

Defendant Henry Knaack, at all relevant times, was a private security guard

employed by Defendant Universal Protection Services to provide security at the Tacoma Mall

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which is owned and operated by Defendant Simon Properties, Tacoma, Pierce County,

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Washington.

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2.7.

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Chief Donald Ramsdell was at all relevant times, employed by the Defendant

City of Tacoma as the Chief of Police for the Tacoma Police Department.
2.8.

Defendant Simon Property Group, a Delaware corporation, identifies itself as a

“global leader in retail real estate ownership, management and development” and a Standard
& Poor 100 company whose stock is traded on the New York Stock Exchange under the

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abbreviations: SPG. Defendant Simon Property Group owns and operates the Tacoma Mall

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and employed Defendant Universal Protection Services to provide security for the Tacoma

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Mall.

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AMENDED COMPLAINT FOR DAMAGES - 3

TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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2.9.

Defendant Universal Protection Services, Inc., was founded in 1965. Along

with its affiliates, Defendant Universal Protection Services, Inc., also operating as Universal
Protection Service, LP, and Universal Protection Service of Seattle, LLC, provides private

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security to companies who contract with it for such services. Defendant Universal Protection

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Services is headquartered in California but conducts business in the State of Washington.

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Defendant Universal Protection Services provides private security to Defendant Simon
Property Group at the Tacoma Mall.
2.10.

Defendants John and Jane Does 1-10 are Tacoma Police Officers and/or

Universal Protection Services security officers who as yet have not been identified who were
employed by Defendants Simon and Universal who took part in the events alleged herein.

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III.
3.1.

JURISDICTION AND VENUE

All of the acts and omissions of Defendants occurred in the City of Tacoma,

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Pierce County, State of Washington. Therefore jurisdiction and venue are proper in the Pierce

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County Superior Court.

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Plaintiffs’ federal claims pursuant to 42 U.S.C. section 1983. See, Howlett v. Rose, 496 U.S.

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The Pierce County Superior Court also has jurisdiction over

356, 358 (1990).
IV.

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4.1.

FACTS

On May 24, 2014, Plaintiff Monique Charlene Tillman (Plaintiff Tillman) was

fifteen (15) years old. She is an African American female.
4.2.

On May 24, 2014, Plaintiff Tillman and her brother Plaintiff Branch were

riding their bicycles through the Tacoma Mall parking lot on their way home.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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4.3.

As they rode their bikes through the Tacoma Mall parking lot, Plaintiffs

Tillman and Branch were targetted by mall security officer Defendant Henry S. Knaack and,
later, Defendant Williams.
4.4.

Defendant Williams stopped Plaintiffs by driving his Tacoma Police

Department cruiser directly behind them as they biked their way across the Tacoma Mall
parking lot and deploying the cruiser’s air horn several times.
4.5.

At the time Plaintiffs were forcefully stopped by Defendants Williams and

Knaack, Defendant Williams was wearing a Tacoma Police Department issued uniform and
badge, driving a Tacoma Police Department cruiser, utilizing Tacoma Police Department

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equipment, including a side arm, handcuffs or hand restraints, and Taser. Mr. Knaack was

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wearing a uniform which identified him as a security guard for Defendant Universal

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Protection Services and/or Defendant Simon Properties.

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4.6.

Neither Defendant Knaack nor Defendant Williams had seen Plaintiffs engage

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in any criminal activity prior to Defendant Knaack and Defendant Williams stopping

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Plaintiffs.

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4.7.

Defendant Williams exited his police cruiser and approached Plaintiff after she

stopped in response to his commands and the activation of the cruiser’s air horn.
4.8.

Plaintiff Tillman asked why Defendant Williams had stopped her and her

brother.
4.9.

Defendant Williams allegedly responded that Plaintiffs were causing a

disturbance and were being “trespassed” from the Mall because of their disruptive behavior.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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4.10.

Plaintiff Tillman responded that she believed was being harassed because of

the color of her skin. After some additional verbal exchanges, Plaintiff Tillman attempted to
disengage and continue biking on her way home.
4.11.

When Plaintiff Tillman attempted to pedal her bike away from the encounter

with Defendant Williams and Defendant Knaack, Defendant Williams erupted and began
brutalizing this 15 year old girl. See video at https://youtu.be/CgMaidFegy4.
4.12.

Defendant Williams tossed Plaintiff Tillman around like a child’s doll,

slamming her into parked vehicles, forcefully shoving his hand and forearm into her chest,
grabbing her by the hair and body slamming her into the pavement. Once Defendant Williams

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had flung Plaintiff Tillman to the ground, he deployed his Taser, sending painful electric

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shocks through Plaintiff Tillman.

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4.13.

Plaintiff Branch was horrified by Defendant Williams’ brutalization of his

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sister and attempted to come to her aid.
4.14.

When Plaintiff Branch tried to help his sister, Defendant Williams ordered

Plaintiff Branch to back off and pointed his Taser at him, threatening to deploy it.
4.15.

Defendant Knaack either grabbed or shoved Plaintiff Branch to the ground

after Plaintiff Branch backed away from Defendant Williams.
4.16.

Defendant Knaack and/or John Doe 1, another employee of Defendant

Universal Protection Services and/or Defendant Simon Properties, placed wrist restraints on
Plaintiff Branch and immobilized him.
4.17.

Defendant Williams and/or John Doe 2 then handcuffed Plaintiff Tillman and

put her into a Tacoma Police Department patrol car.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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4.18.

Plaintiff Tillman from the back seat of the patrol car, bent her over the trunk of the patrol car
and reapplied the handcuffs that had been used previously.
4.19.

Plaintiff Tillman to be charged with assaulting a police officer, resisting arrest and
obstructing.

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4.20.

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After consulting with a supervisor with the Tacoma Police Department,

Defendant Williams wrote a report which contained false information and which caused

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After a short period of time, Defendant Police Officer Joshua McKenzie pulled

Defendant Williams never sought any treatment for any alleged injuries caused

by Plaintiff Tillman because there were no such injuries.

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4.21.

Plaintiff Tillman was booked into Rehman Hall and detained.

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4.22.

Plaintiff Tillman, by and through her family, engaged a criminal defense

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lawyer to respond and defend against the charges brought against her in juvenile proceedings

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and which could have resulted in her incarceration.

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4.23.

Plaintiff Tillman went to trial on the charges brought against her and prevailed.

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4.24.

Defendant Williams was not sanctioned or disciplined for his use of excessive

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and unreasonable force against Plaintiff Tillman.
4.25.

Defendant City of Tacoma indicated that Defendant Williams’ conduct was

appropriate and thereby ratified Williams conduct. A spokesperson for the City of Tacoma
Police Department indicated that Defendant Williams was justified in his use of force and
could have used more force than what was actually employed against Plaintiff Tillman.

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TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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4.26.

Defendant Williams’ actions were conducted during and in the course of his

employment with Defendant City of Tacoma, and/or Defendant Universal Protection Service,
and/or Defendant Simon Property Group.
4.27.

Defendant City of Tacoma, Universal Protection Services, and Simon Property

Group employed, trained, and/or supervised Defendant Williams.
4.28.

Defendant Williams actions were conducted pursuant to official police

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department policies, practices, customs, and procedures promulgated, adopted or ratified by

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Defendant Tacoma Police Department as well as policies, practices, customs, and procedures

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promulgated, adopted or ratified by Defendant Universal Protection Services, and/or
Defendant Simon Properties.
4.29.

Defendant McKenzie’s actions were conducted during and in the course of his

employment with Defendant Tacoma Police Department.

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4.30.

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McKenzie.

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4.31.

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Defendant the City of Tacoma employed, trained, and supervised Defendant

Defendant McKenzie’s actions were conducted pursuant to official police

department policies, practices, customs, and procedures promulgated, adopted or ratified by
Defendant Tacoma Police Department.
4.32.

Defendant Donald Ramsdell, is the Tacoma Police Chief and is in charge of

establishing procedures, practices, and policies to insure that police officers employed by

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Defendant Tacoma Police Department use proper constitutional procedures when contacting

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civilians, including but not limited to, not using excessive force when effectuating a detention

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or an arrest.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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4.33.

that are substantially certain to result in the kind of constitutional violations and harm that
were inflicted on Plaintiffs Tillman and Branch.
4.34.

Upon information and belief, the City of Tacoma observes the following

unconstitutional polices although its administrators are aware of the need for different and
better policies.
4.34.1. Supervisors and administrators routinely approve or ratify abusive,

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Upon information and belief, the City of Tacoma employs policies and training

excessive, and unnecessary uses of force, as was done in this case;

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4.34.2. Supervisors and administrators routinely fail to refer unlawful uses of

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force by police officers to state or federal prosecutors for appropriate action, as they so failed

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to do in this case, as they did in this case;

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4.34.3. Supervisors and administrators routinely permit officers who abuse

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citizens and violate their rights to remain employed with the City of Tacoma and commit
repeated abuse, as occurred in this case;

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4.34.4. Police officers routinely charge arrestees with acts of resistance or
violence when the officers have used violence against the arrestee, regardless of merit, as
occurred in this case;

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4.34.5. Police officers routinely fabricate reports to cover unlawful uses of
force and to substantiate false claims and charges or intimidate witnesses.
4.35.

The City of Tacoma is responsible for most of the officers’ practical day to day

training through on the job training with senior officers.

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TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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4.36.

training practices although its administrators are aware of a need for different and better
training:
4.36.1 Officers are allowed to verbally escalate conflicts with arrestees in

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order to get to a level of force that causes an arrestee fear and pain to “teach” compliance;

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4.36.2. Officers are allowed to use overwhelming force so that virtually all risk

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of serious injury will be to the citizen who is the subject of the use of force;

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4.36.3. An example of the City of Tacoma’s permissive use of force training
and practices can be seen from the City of Tacoma’s position in this case that Defendant
Williams was entitled to use more force than he actually used on Plaintiff Tillman;

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Upon information and belief, the City of Tacoma engages in the following

4.36.4. Officers are allowed to make reporting and charging decisions that
operate as “cover” for improper arrests and improper uses of force, as occurred in this case.

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4.36.5. Officers are trained to cover for each other to avoid discipline.

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4.37.

As a direct and proximate cause of the above acts, Plaintiff Tillman suffered

physical injuries, including, injuries to her shoulders, head, back and wrists, and painful
electrical shocks.
4.38.

As a direct and proximate cause of the above acts, Plaintiff Tillman suffered

severe emotional distress, including, but not limited to, nightmares, loss of sleep, fear of
incarceration, embarrassment in being arrested, profound fear and distrust of the police and
loss of personal security.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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4.39.

As a direct and proximate cause of the above acts, Plaintiff Tillman and her

family had to engage a criminal defense lawyer to defend against Defendant’s charges of
assault against a police officer and resisting arrest.
4.40.

As a direct and proximate cause of the above acts, Plaintiff Tillman continues

to suffer injuries including, severe emotional distress and loss of enjoyment of life.
4.41.

As a direct and proximate cause of the above acts, Plaintiff Branch suffered

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severe emotional distress, including nightmares, loss of sleep, fear of incarceration,

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embarrassment for being accosted and handcuffed, profound fear and distrust of the police,

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and loss of personal security.

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4.42.

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to Plaintiffs.

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4.43.

Defendants are jointly and severally liable for all damages proximately caused

Plaintiffs have fully complied with the requirements of R.C.W. 4.92.010 and

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provided notice the City of Tacoma regarding these claims.
V.

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5.1.

The acts and omissions of all Defendants proximately caused Plaintiffs to

suffer physical injuries, physical and mental pain and suffering, embarrassment and
discomfort, and loss of enjoyment of life.

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VI. NEGLIGENCE
(Against the City of Tacoma and Defendant Williams)

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STATEMENT OF DAMAGES

6.1.

These allegations for common law negligence under state law share and arise

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out of a common nucleus of operative facts with violations of 42 U.S.C. § 1983.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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6.2.

Under state law, Defendant City of Tacoma, and Defendant Officer Williams,

jointly and severally had a duty to exercise ordinary care when contacting and arresting
Plaintiff Tillman on May, 24, 2014.
6.3.

With regard to the City of Tacoma, the City had an affirmative duty to

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Plaintiffs Tillman and Branch to: (1) train its law enforcement officers in lawful procedure;

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(2) implement policies to prevent the use of extreme and unnecessary excessive force; (3)

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supervise and discipline its officers which included preventing them from using excessive

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force; (4) uphold the constitutional rights of persons contacted in the community.
6.4.

Defendant Williams failed to use ordinary care in his treatment of Plaintiff

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Tillman, as described above, and thereby breached his duty of ordinary care to Plaintiff
Tillman.

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6.5.

At all relevant times, Defendant Williams was acting under color law in his

capacity as an employee of Defendant City of Tacoma.

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6.6.

The City of Tacoma was negligent and breached its duty of ordinary care owed

to Plaintiffs, causing them injury.

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VII. ASSAULT
(Against Defendants Williams)

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7.1.

Defendant Police Officer Williams intentionally, viciously, and unjustifiably

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attacked Plaintiff Tillman. As described above, Defendant Williams intentionally put Plaintiff

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Tillman in fear of an imminent, unwanted touching which constituted an assault.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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7.2.

As described above, Defendant Williams intentionally put Plaintiff Branch in fear of an
imminent, unwanted touching which constituted an assault.
VIII. BATTERY
(Against Defendants Williams and Knaack)

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Defendant Police Officer Williams unjustifiably threatened Plaintiff Branch.

8.1.

Defendant Police Officer Williams intentionally, viciously, and unjustifiably

attacked Plaintiff Tillman. Defendant Williams’ unwanted and unprovoked attack, as
described above, and as depicted in the surveillance video, constituted unlawful battery
rendering him liable to Tillman.
8.2.

Defendant Knaack intentionally shoved Plaintiff Branch to the ground as

Defendant Police Officer Williams attacked Plaintiff Tillman. Defendant Knaack’s conduct

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constituted unlawful battery rendering him liable to Branch.
IX.

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9.1.

OUTRAGE; INTENTIONAL OR RECKLESS INFLICTION OF EMOTION
DISTRESS
(Against Defendant Williams)
When Defendant Williams attacked Tillman, as described above, and caused

false criminal charges to be brought against her, he intended to inflict emotional distress, or he
knew or should have known that there was a high probability that his conduct would cause
emotional distress and he deliberately disregarded that probability.
9.2.

The conduct of Defendant Williams went beyond all possible bounds of

decency, were and are utterly intolerable in a civilized community such that no reasonable

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person could be expected to endure it.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

9.3.

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The conduct of Defendant Williams constitute intentional infliction of

emotional distress and outrage.

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9.4.

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Defendant Williams’ unjustified, brutal, and outrageous conduct against

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Tillman occurred in the immediate presence of her brother Plaintiff Branch who was being

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restrained by Defendant Knaack and others.

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X.
FALSE IMPRISONMENT
(Against Defendants Williams, McKenzie, Knaack and John Doe Defendants)

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10.1.

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Defendant Police Officers Williams, McKenzie, Security Officer Knaack, and

John and Jane Doe Defendants intentionally confined Plaintiff Tillman against her will after
Defendant Williams attacked her, as described above, without a warrant, reasonable suspicion,
probable cause, or any pretense of legal process, and intentionally and wrongfully confined
and imprisoned her, depriving her of her liberty.

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10.2.

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Jane Doe Defendants intentionally confined Plaintiff Branch against his will, as described
above, without a warrant, reasonable suspicion, probable cause, or any pretense of legal
process, depriving him of his liberty.

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Defendant Police Officer Williams, Security Officer Knaack, and John and

10.3.

Defendant Williams testified at trial that when he first contacted Tillman, he

had not observed her committing any crime. Defendant McKenzie similarly did not observe

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Tillman commit any crime. Defendant Knaack similarly did not observe Tillman or Branch

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commit any crime.

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//

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//

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

XI.

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11.1.

MALICIOUS PROSECUTION
(Against Defendant Williams)

Acting without a warrant, Defendant Williams stopped and detained Plaintiffs

Tillman and Branch without probable cause or reasonable suspicion that they were engaged in
criminal activity and then viciously attacked Tillman and arrested her without probable cause.
11.2.

Following his attack on and arrest of Tillman, Defendant Williams initiated or

caused to be initiated and/or continued a prosecution against her.

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11.3.

Defendant Williams’ initiation and/or continuation of the prosecution of

Tillman was motivated by malice and an unlawful purpose, that is to intimidate Tillman and
prevent her from filing a lawsuit, making a complaint with the City of Tacoma against him
and other officers involved, or, otherwise for his attack on Tillman.
11.4.

The prosecution against Tillman was ultimately terminated in her favor after

trial by way of an order from the Superior Court dismissing the charges against her.
11.5.

The prosecution was utterly lacking in probable cause as evidenced by the fact

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that Defendant Williams testified that before contacting Tillman and Branch, he was not

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investigating any crime and had observed no criminal conduct on the part of either Tillman or

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Branch.
11.6.

As alleged above, as a direct and proximate result of Defendant Williams’

conduct, Tillman suffered damage including but not limited to emotional distress, humiliation,
and fear of incarceration.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

XII.

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12.1.

VIOLATION OF 42 U.S.C. §1983 –EXCESSIVE USE OF FORCE
(Against Defendant Police Officers Williams)

By engaging in the conduct described above, Defendant Williams interfered

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with and deprived Plaintiff Tillman of her exercise and enjoyment of civil rights, secured

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under the Constitution of the United States, all in violation of 42 U.S.C. § 1983.

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12.2.

Each of the Defendant Officers either violated Plaintiff’s civil rights directly or

failed to intervene to prevent the violation, though they had the ability to do so.
12.3.

All of the officers and security guards on scene acted jointly and in concert.

12.4.

The unprovoked attack, tackling, seizing, detaining, physically abusing and

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Tasering of Plaintiff Tillman by Defendant Williams constituted the use of excessive and

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unreasonable force in violation of Tillman’s clearly established constitutional rights

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guaranteed by the United States Constitution, including but not limited to the Fourth, Eighth

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and Fourteenth Amendments. In so doing, the Defendant Officer intended to inflict and did
inflict, serious physical and emotional injuries to Tillman.
12.5.

The aforesaid acts of Defendants were performed knowingly, intentionally, and

maliciously, and/or were performed in a reckless manner with callous indifference to the

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health, safety and civil rights of Plaintiff Tillman, by reason of which Ms. Tillman is entitled

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to an award of punitive damages.

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XIII. DELIBERATE INDIFFERENCE UNDER 42 U.S.C. §1983
(Against the City of Tacoma and Defendant Donald Ramsdell)

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13.1.

Defendant City of Tacoma is liable to Plaintiff Tillman because it was

deliberately indifferent to a known risk of harm due to Fourth Amendment violations to Ms.

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2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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Tillman or others in her situation and yet failed to act reasonably to abate the harm.
13.2.

Defendant City of Tacoma’s failure to train, investigate, supervise, sanction or

discipline its officers who engaged in the unlawful conduct described above, including

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Defendants Williams and McKenzie, has become a matter of custom, policy, practice or

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pattern to the point that it encouraged, gave tacit approval to and caused Williams, McKenzie

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and others to continue to engage in unlawful, unconstitutional conduct, including the attack on

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Ms. Tillman.

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13.3.

As a result, Plaintiffs Tillman and Branch suffered damages as noted above.

13.4.

Faced with juvenile court charges Plaintiff Tillman and/or her family engaged

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a criminal defense lawyer to defend her against such in juvenile court.
13.5.

As it was necessary for Plaintiffs to hire undersigned attorneys to file and

prosecute this lawsuit and they are obligated to pay them a reasonable fee, Plaintiffs are

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entitled to an award of attorney’s fees and costs of litigation.
13.6.

negligence of the Defendant City of Tacoma, Plaintiffs Tillman and Branch were deprived of
their constitutional rights in violation of 42 U.S.C. §1983. Plaintiffs have been damaged as a
result as set forth above.

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XIV. VIOLATION OF 42 U.S.C. §1983
(Against Defendant City of Tacoma and Defendant Ramsdell-Ratification)

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As a direct and proximate result of the deliberate indifference or gross

14.1.

The Defendants City of Tacoma and Ramsdell approved and ratified Defendant

Officer Williams’ unconstitutional conduct performed at all pertinent times under the color of
law.

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AMENDED COMPLAINT FOR DAMAGES - 17

TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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14.2.

As such, the City of Tacoma and Defendant Ramsdell are liable to Plaintiffs

under 42 U.S.C. §1983.

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XV.

NEGLIGENCE—DEFENDANTS UNIVERSAL PROTECTION SERVICES
AND SIMON PROPERTY GROUP

15.1.

Defendant Universal Protection Services and Defendant Simon Property Group

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had a duty to properly hire, train, and supervise its employees including Defendant Williams
and Security Officer Knaack, and John and Jane Does 1-10.
15.2.

Defendant Universal Protection Services and Defendant Simon Property Group

breached their duties in the following ways: (1) failing to properly train security officers,

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including off-duty Tacoma police officers and others, regarding their contact with people on

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Tacoma Mall property; (2) failing to properly supervise security officers in their employ,

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including off-duty Tacoma police officers and others, to insure that security officers and off-

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duty Tacoma police officers did not violate the constitutional and civil rights of people

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visiting Tacoma Mall property; (3) failing to institute policies, procedures and practices to

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insure that visitors to the Tacoma Mall are not subject to attack, physical abuse and force.
15.3.

The breach of duty by Defendant Universal Protection Services and Defendant

Simon Property Group’s proximately caused Plaintiffs’ injuries, losses and damages as
alleged herein and as will be established at trial.

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XVI. VIOLATION OF THE WASHIGNTON CIVIL RIGHTS ACT, RCW
49.60.030 AND 49.60.215
(SIMON PROPERTY GROUP AND UNIVERSAL PROTECTION SERVICES)
16.1.

By engaging in the conduct described above, Defendants Williams, McKenzie,

Security Officer Henry Knaack, Simon Properties and Universal Protection Services, jointly

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AMENDED COMPLAINT FOR DAMAGES - 18

TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

1

and severally engaged in threats, intimidation, coercion and excessive force on Plaintiffs

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Tillman and Branch and thereby interfered with their exercise and enjoyment of their civil

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rights secured under the laws of the State of Washington.
16.2.

Defendants conduct was animated in whole or in part as a result of Plaintiffs

race and/or color.
16.3.

As a direct and proximate cause of Defendants’ violation of RCW 49.60.030

and 49.60.215, Plaintiffs suffered injuries as described above. As a direct and proximate cause
of Defendants’ violation of 42 U.S.C. §1983, Plaintiffs suffered injuries as described above.

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XVII. VICARIOUS LIABLILITY AND RESPONDEAT SUPERIOR
(Simon Property Group and Universal Protection Services)

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17.1.

At all times relevant to the acts and omissions alleged herein, Defendant

Knaack acted within the course and scope of an agency and/or employment relationship with
Defendants Universal Protection Services and Simon Property Group.
17.2.

At all times relevant to the acts and omission alleged herein and while engaged

in off-duty employment with Defendants Simon Property Group and Universal Protection
Services, Defendant Williams acted within the course and scope of an agency and/or

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employment relationship with Defendants Simon Property Group and Universal Protection

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Services.

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17.3.

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All acts and omissions alleged herein against Defendant Williams are hereby

alleged against Defendants Universal Protection Services and Simon Property Group.

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AMENDED COMPLAINT FOR DAMAGES - 19

TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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17.4.

Defendants Universal Protection Services and Simon Property Group are

vicariously liable, jointly and severally, with Defendant Williams for all damages proximately
caused to Plaintiff.
WHEREFORE, Plaintiffs pray for the following relief:
1.

Award, order and/or allow Plaintiffs such compensatory damages as would

compensate them to the fullest extent allowed by law;
2.

Award, order and/or allow punitive damages and/or enhanced compensatory

damages as against Defendants Williams, McKenzie, Knaack, Simon Property Group and
Universal Protection Services;
3.

Award, order and/or allow Plaintiffs reasonable attorneys’ fees, interest and

costs as is legal and appropriate;
4.

Award, order and/or allow Plaintiffs treble damages under RCW 49.60.030(3)

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and RCW Chapter 19.86 as against Defendants Simon Property Group and Universal
Protection Services;
5.

Use its fullest equitable powers to order the individual Defendants: (a) to use

only reasonable force in the performance of their police duties; (b) to intervene when

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excessive force is used by other police officers in the course of an arrest; (c) to report to

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superiors the use of, and injuries caused during the use of, excessive force; (d) to write

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complete and truthful police reports; (e) terminate the custom, policy, practice and procedure

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of inducing false criminal charges for ulterior purposes, and (f) order the City of Tacoma,

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acting through its officials, to institute appropriate police training, supervision and

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disciplinary response that will require and promote: only the use of reasonable force by police

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AMENDED COMPLAINT FOR DAMAGES - 20

TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

1

officers, the intervention by police officers into the use of excessive force by other officers,

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truthful reports, and the issuance of only valid and solidly based criminal complaints against

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citizens.
6.

Otherwise order such other and further relief as this Court may deem

appropriate and equitable, including injunctive and declaratory relief as may be required in the
interests of justice.
7.

Such other and further relief as the court deems just and equitable.
DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a trial by jury on all claims and issues so triable.
DATED this 30th day of August, 2016.

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By: _____________________________________
Vito de la Cruz, WSBA #20797
Attorney for Plaintiffs

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30
AMENDED COMPLAINT FOR DAMAGES - 21

TAMAKI LAW OFFICES
2200 – 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421

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