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led 03/19/2019 10:04:03 AM 1g # 86595372 E- IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA MICHAEL BASILE Plaintiff, v. _ CASENO. SHAUN MARTIN, individually, MICHAEL McMAHAN, individually, and THOMAS KNIGHT, as Sheriff of Sarasota County, Florida, Defendants. —————— COMPLAINT JURY TRIAL DEMANDED f Plaintiff, Michael Basile, by and through the undersigned, hereby sues Defendants, SHAUN MARTIN, MICHAEL MeMAHAN, and SHERIFF THOMAS KNIGHT, and alleges as follows: 1 This is a civil rights action alleging constitutional claims under the Fourth and Fourteenth Amendments pursuant to 42 U.S.C. § 1983 against state law enforcement agents acting under color of law in his individual capacity, Plaintiff also brings pendent state law claims against the Sheriff of Sarasota County, Florida, and against the individual law enforcement agents. JURISDICTION AND VENUE 2 This is an action for damages that exceed $100,000.00 exclusive of interest, costs and attorney's fees and venue is proper in this Court as this action arose within Sarasota County, Florida. On information and belief, Defendants reside or are otherwise located in Sarasota County, Florida, Filed 03/19/2019 10:15 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota Count PARTIES 3. Plaintiff is MICHAEL BASILE. At all times relevant to this action he was a resident of Sarasota County, Florida, 4 Defendant SHAUN MARTIN is a deputy sheriff who was employed by the Sarasota County Sheriff's Office (“SCSO”). He is sued in his individual capacity for all claims. At all times relevant to this action, Defendant MARTIN was a duly appointed and acting deputy sheriff of the SCSO, and was acting under color of law, to wit, under color of the statutes, ordinances, regulations, policies, customs, and usages of the State of Florida and/or Coupty of Sarasota, and 2 under the direction and control of the SCSO. : o Defendant MICHAEL McMAHAN was a deputy sheriff exfiployed by the SCSO for the relevant period of time, He is sued in his individual capacity for all claims. At all times relevant to action, Defendant MCMAHAN was a duly appointed and acting deputy sheriff of the SCSO, and was acting under color of law, to wit, under color of the statutes, ordinances, regulations, policies, customs, and usages of the State of Florida and/or County of Sarasota, and under the direction and control of the SCSO. 6 Defendant, THOMAS KNIGHT, is the Sheriff of Sarasota County, Florida, and the employer of Defendants SHAUN MARTIN and MICHAEL McMAHAN. He is sued in his official capacity for a pendent state law claim set forth in Count 3 only. 7. Plaintiff has fully complied with all conditions precedent to bringing the pendent state law claims as required by the laws of the State of Florida, and particularly the provisions of § 768.28, Florida Statutes. FACTUAL BACKGROUND 8 ‘On March 27, 2015, Defendant MARTIN seized BASILE and used physical and excessive force against his body and person. 9. The incident was captured by video surveillance cameras and depicts Defendant Martin seizing and pile-driving BASILE with great force into a concrete floor face first absorbing all of his weight, the weight of Defendant MARTIN and the kinetic energy resulting from Defendant MARTIN’s seizure and use of force. 10 The force used by Defendant MARTIN was excessive, unreasonable, unjustified, without any basis in law or fact, and disproportionate to any reasonable use otborce necessary under the circumstances. 2 I Asa direct result, BASILE suffered traumatic injuries to his face and jaw/mouth structures as more particularly detailed hereinafter. 12 BASILE. Basile briefly lost consciousness after his head struck the ground and remained motionless on the floor, visibly bleeding, until medical care was rendered to him, 13. Asa direct result of the excessive force, BASILE was taken to Sarasota Memorial Hospital where surgery was performed to repair a traumatic injury to the bone of the eye socket, the removal of several teeth, a bone graft and the installation of metal hardware placed inside the orbit and along the zygomatic arch of BASILE’s left eye socket. 14, _A-second surgery was needed to further repair the damage of BASILE’s traumatic injury. 15, Defendants MARTIN and McMAHAN subsequently instigated and caused to be initiated a false and malicious prosecution by making and submitting a false police report to prosecuting authorities, which caused a criminal prosecution to be initiated against BASILE.