Robinson V Bailey Et Al Wawdce-19-05551 0001.0

Case 3:19-cv-05551-BAT Document 1 Filed 06/17/19 Page 1 of 29
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14 IN THE UNITED STATES DISTRICT COURT
15 FOR THE WESTERN DISTRICT OF WASHINGTON
16
17 JOSEPH M. ROBINSON, ) NO.
18 ) COMPLAINT FOR VIOLATIONS OF
19 ) CIVIL RIGHTS (US and WA CONST.)
20 Plaintiff, ) (1ST, 4TH, 5TH and 14th AMENDMENTS),
21 ) BATTERY, ASSAULT, INTENTIONAL
22 ) INFLICTION OF EMOTIONAL DISTRESS,
23 ) FALSE ARREST, FALSE IMPRISONMENT
24 v. ) MALICIOUS PROSECUTION, and
25 ) NEGLIGENCE
26 JORDAN BAILEY, Individually and in )
27 his Official Capacity as a SERGEANT) JURY TRIAL DEMANDED
28 of the WASHINGTON STATE PATROL )
29 R.E. ELLIS, Individually and in his )
30 Official Capacity as a TROOPER of )
31 the WASHINGTON STATE PATROL; )
32 B.E. LANTZ, Individually, and in his )
33 Official Capacity as a LIEUTENANT )
34 of the WASHINGTON STATE PATROL )
35 JOEY GIBSON, TUSITALA JOHN )
36 TOESE, MATTHEW S. GRZOZWSKI, )
37 WILLIAM TANGER, CARL D. TODD, )
38 WILLIAM KNOX, DOES 1-1000, )
39 )
ROBINSON v. BAILEY, et al.-COMPLAINT

1
LAWRENCE A. HILDES (WSBA # 35035)

P.O. Box 5405
Bellingham, WA 98227
Telephone: (360) 599-4339
Email: lhildes@earthlink.net
ATTORNEY FOR PLAINTIFF

1 Defendants. )
2 ______________________________ )
3
4 JOSEPH ROBINSON, the Plaintiff herein, by and through his attorney, alleges as
5 follows:
6
7 I. JURISDICTION
8
9
10 1. This court has jurisdiction over the subject matter of this action pursuant to
11 Title 28, United States Code Sections 1331, 1332, 1343, and 1367, and venue is
12 properly set in the Western District Federal Court pursuant to 28 U.S.C. 1391.
13 2. The claims upon which this suit is based occurred in this judicial district.
14 3. Plaintiffs are informed and believe, and on that basis allege, that each of the
15 named Defendants, except for Defendant Todd who lives in an immediately adjoining
16 district, reside in this judicial district.
17
18 II. PARTIES
19 2.1 Plaintiff JOSEPH ROBINSON is a single man residing primarily in the
20 State of Washington, in THURSTON County within the Western District of
21 Washington. Plaintiff was the victim of a violent and completely false and unlawful
22 detention and imprisonment carried out by the Patriot Prayer Defendants in this action
23 and then ratified by his immediate arrest by officers and commanders of the

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P.O. Box 5405
Telephone: (360) 599-4339

1 Washington State Patrol at the request of Patriot Prayer, despite a complete lack of
2 actual probable cause. This arrest and treatment are consistent with a clear pattern
3 and practice by Troopers and Commanders of the WSP to take arbitrary and
4 discriminatory law enforcement action to support pro-Trump, and far right
5 demonstrators such as Patriot Prayer, the Proud Boys, and various militia groups, all
6 groups that contain at least a Neo-Nazi and White Supremacist component. The
7 result here, as in many cases was coercive conduct designed to force Plaintiff to
8 relinquish and to take away from him his First Amendment Rights to Free Expression
9 and Free Association as well as his Fourth, Fifth, and 14th Amendment Rights.
10 2.2 Defendant WSP LIEUTENANT B.E LANTZ upon belief resides in
11 THURSTON or PIERCE County within the Western District of Washington State.
12 Upon knowledge and belief, LIEUTENANT LANTZ is and was at the time of the
13 injuries complained of in this complaint, an employee and/or agent of the
14 WASHINGTON STATE PATROL (hereinafter identified as WSP) acting within the
15 scope of his duties AND AS PART OF A POLICY favoring pro-Trump and so-called
16 alt-right protestors over and against those opposing them amounting to
17 INTENTIONAL viewpoint discrimination without any necessity or essential
18 government interest.
19 2.4 Defendant WSP SERGEANT JORDAN BAILEY. upon belief resides in
20 THURSTON or PIERCE County within the Western District of Washington State.

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P.O. Box 5405
Telephone: (360) 599-4339

1 Upon belief, SERGEANT BAILEY is and was at the time of the injuries complained of
2 in this complaint, an employee and/or agent of the WASHINGTON STATE PATROL
3 (hereinafter identified as WSP) acting within the scope of his duties AND AS PART
4 OF A POLICY favoring pro-Trump and so-called alt-right protestors over and against
5 those opposing them amounting to viewpoint discrimination without any necessity or
6 essential government interest.
7 2.5 Defendant WSP TROOPER R.E. ELLIS, upon belief resides in THURSTON
8 or PIERCE County within the Western District of Washington State. Upon belief, R.E.
9 ELLIS is and was at the time of the injuries complained of in this complaint, an
10 employee and/or agent of the WASHINGTON STATE PATROL (hereinafter identified
11 as WSP) acting within the scope of his duties AND AS PART OF A POLICY favoring
12 pro-Trump and so-called alt-right protestors over and against those opposing them
13 amounting to viewpoint discrimination without any necessity or important appropriate
14 government interest.
15 2.6 Defendant JOEY GIBSON, by information and belief resides in CLARK
16 COUNTY within the Western District of Washington State. By information and belief,
17 JOEY GIBSON is the founder of “Patriot Prayer” and a leader of the “Proud Boys”,
18 both far right groups with extensive ties to Neo-Nazi, White Supremacists, and Neo-
19 Fascist groups and individuals, and has been linked to and charged with multiple acts

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Telephone: (360) 599-4339

1 of violence and hate crimes. Gibson also has been active in aggressive misogynist
2 and homophobic actions.
3 2.7 Defendant TUSITALA JOHN TOESE, by information and belief resides in
4 CLARK COUNTY within the Western District of Washington State. By information
5 and belief, TOSITALA JOHN TOESE is active in both “Patriot Prayer” and the “Proud
6 Boys”, both far right groups with extensive ties to Neo-Nazi, White Supremacists, and
7 Neo-Fascist groups and individuals, and has been linked to and charged with multiple
8 acts of violence and hate crimes and currently has at least one warrant out for his
9 arrest. TOESE also has been active in aggressive misogynist and homophobic
10 actions. By information and belief, TOESE is GIBSON’s chief lieutenant and enforcer.
11 TOESE illegally searched Plaintiff, pulled him up from where GRZOZWSKI had
12 tackled him, dragged Plaintiff over to the police line and gave a false statement to the
13 WSP Defendants, who then promptly arrested Plaintiff without investigation.
14 2.8 Defendant MATTHEW S. GRZOZWSKI, by information and belief resides
15 in FEDERAL WAY in CLARK COUNTY within the Western District of WASHNGTON,
16 active in both “Patriot Prayer” and the “Proud Boys”, both far right groups with
17 extensive ties to Neo-Nazi, White Supremacists, and Neo-Fascist groups and
18 individuals, and has been linked to multiple acts of violence and hate crimes.
19 GRZOZWSKI grabbed and choked Plaintiff from behind as Plaintiff was peacefully
20 attempting to make his way across Red Square at Evergreen State during the incident

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P.O. Box 5405
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1 in question, and without cause or provocation, GRZOZWSKI tackled Plaintiff to the
2 ground and held him there, assisted by TOESI, GIBSON, and other Defendants
3 causing him great pain, injury, and falsely imprisoning him.
4 2.9 WILLIAM TANGER, by information and belief resides in MATLOCK in
5 MASON COUNTY within the Western District of WASHNGTON, active in both “Patriot
6 Prayer” and the “Proud Boys”, both far right groups with extensive ties to Neo-Nazi,
7 White Supremacists, and Neo-Fascist groups and individuals, and has been linked to
8 multiple acts of violence and hate crimes. By information and belief, WILLIAM
9 TANGER participated in blocking Plaintiff’s path as he peacefully walked through the
10 crowd towards the counter demonstration, participating in seizing and falsely
11 imprisoning Plaintiff and then gave a knowingly false statement to the WSP
12 Defendants to ensure that Plaintiff would be arrested and charged with a crime he had
13 not committed.
14 2.10 CARL D. TODD, by information and belief resides in SHERWOOD,
15 OREGON in WASHINGTON COUNTY within the District of OREGON, active in both
16 “Patriot Prayer” and the “Proud Boys”, both far right groups with extensive ties to Neo-
17 Nazi, White Supremacists, and Neo-Fascist groups and individuals, and has been
18 linked to multiple acts of violence and hate crimes. By information and belief, CARL
19 D. TODD participated in blocking Plaintiff’s path as he peacefully walked through the
20 crowd towards the counter demonstration, participating in seizing and falsely

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P.O. Box 5405
Telephone: (360) 599-4339

1 imprisoning Plaintiff, participated with TOESE in dragging Plaintiff to the State Patrol
2 line and then gave a knowingly false statement to the WSP Defendants to ensure that
3 Plaintiff would be arrested and charged with a crime he had not committed.
5 2.11 WILLIAM KNOX, by information and belief resides in PORT ORCHARD,
6 WASHINGTON in KIPSAP COUNTY within the Western District of WASHINGTON,
7 active in both “Patriot Prayer” and the “Proud Boys”, both far right groups with
8 extensive ties to Neo-Nazi, White Supremacists, and Neo-Fascist groups and
9 individuals, and has been linked to multiple acts of violence and hate crimes. By
10 information and belief, William Knox was the initial Defendant to block Plaintiff’s path
11 as he peacefully walked through the crowd towards the counter demonstration.
12 KNOX then began berating and threatening Plaintiff and giving him orders as if Knox
13 were a law enforcement officer. He then participating in seizing and falsely
14 imprisoning Plaintiff, and then gave a knowingly false statement to the WSP
15 Defendants to ensure that Plaintiff would be arrested and charged with a crime he had
16 not committed.
17 2.12 There are other persons, identities presently unknown to Plaintiffs, who
18 are and were at all times mentioned herein, supervisors, incident commanders,
19 training, and/or disciplining officers, and/or decision-makers of the WASHINGTON
20 STATE PATROL and/or other agencies who acted in concert with the above named

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P.O. Box 5405
Telephone: (360) 599-4339

1 Defendants and who devised or approved the actions that are the subject of this
2 action, SET UP OR PARTICPATED IN THE DEFACTO POLICY OF BIASED
3 POLICING IN FAVOR of Right Wing and Far Rightwing groups and putting their
4 rights, convenience, and desires over those of counter-demonstrators, dissenters
5 against Donald Trump, and anti-fascists and in doing the things hereinafter alleged,
6 acted under color of STATE and FEDERAL LAW as agents of the WSP and other
7 involved but unnamed entities, and/or other involved individuals and/or agencies and
8 with those agency(ies)’s full consent and approval.
9 2.13 There are other persons, identities presently unknown to Plaintiff, who
10 are and were at all times mentioned herein, members of or affiliated or aligned with
11 Patriot Prayer and/or the Proud Boys, and or other groups sympathetic there to who
12 were involved in the incident in question and participated in the harm inflicted on
13 Plaintiff.
14 2.14 DOES 1-500 are, and were at all times mentioned herein, law
15 enforcement employees, Deputies, Supervisors, Incident Commander for this incident,
16 involved actors, elected or appointed Police or Governmental Officials, and/or
17 associated private entities or individuals, involved in the Planning, Creation,
18 Development, training in, policy leading to the biased policing, restricting, false
19 detention, false arrest, false imprisonment, malicious prosecution, and or use of force
20 against Plaintiff and the violations of Plaintiff’s Constitutional Rights in the incidents

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Telephone: (360) 599-4339

1 that are the subject of this action, or Exercise Of Police Force and Control, and/or
2 failing to discipline officers, thus tacitly encouraging these incidents to occur against
3 Plaintiffs that are the subject of this action, and in committing the acts and omissions
4 herein alleged, acted under color of state law as law enforcement employees, agents
5 of the Washington State Patrol and/or any political subdivision thereof, and/or any
6 other governmental entity who came to the scene, and violated Plaintiffs’ rights as
7 discussed.
8 2.15 Does 501-1000 are other persons, identities presently unknown to
9 Plaintiff, who are and were at all times mentioned herein, members of or affiliated or
10 aligned with Patriot Prayer and/or the Proud Boys, and or other groups sympathetic
11 there to who were involved in the incident in question and participated in the harm
12 inflicted on Plaintiff.
13 2.16 This action is brought pursuant to the First, Fourth, Fifth, and Fourteenth
14 Amendments to the United States Constitution and common law torts.
15 2.17 On August 16, 2018 a Tort claim was presented electronically to the
16 Washington State Department of Risk Management in exact accordance with State
17 Law. Risk Management acknowledged the claim in writing and then rejected the
18 claim. The 60 days for the State to accept the claim has expired.
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P.O. Box 5405
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1 III. FACTS
2 3.1 In May of 2017, a controversy developed over racism and appropriate
3 responses to it at the Evergreen State College in Olympia.
4 3.2 The actual controversy did not develop at the time, but later when a
5 professor took to the airways of Fox News to drum up rightwing backlash.
6 3.3 A heated National debate developed as to whether it was appropriate for
7 students and faculty of color to be allowed to take over the campus for one day to
8 discuss issues of racism.
9 3.4 Into this conflict, Joey Gibson and Patriot Prayer, a far-right group with
10 close connections to neo-Nazi, White Supremacist, and other extremist groups
11 inserted themselves.
12 3.5 Gibson and Patriot Prayer were one of a number of extremely violent and
13 intimidating groups of the far right (cleverly calling themselves the “alt-right”) that
14 emerged during and after the 2016 election, attaching themselves to the Trump
15 campaign and then branching out on their own.
16 3.6 Gibson also affiliated himself with a parallel group called the Proud Boys
17 and assumed leadership in that group as well.
18 3.7 The two groups have left a trail of violence and disruption around the
19 country, particularly the Pacific Northwest.

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P.O. Box 5405
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1 3.8 These efforts have been aided by sympathy and cooperation from law
2 enforcement personnel and agencies. This has been particularly prevalent with
3 personnel, supervisors, and commanders of the Washington State Patrol.
4 3.9 There is example after example of law enforcement officers acting to
5 support these far-right groups and arrest, impede, attack, and otherwise disrupt efforts
6 and demonstrations of anti-racist and anti-fascist demonstrators.
7 3.10 When Gibson and Patriot Prayer announced their intention to stage a rally
8 in the middle of Red Square, on June 15, 2017, the State Patrol responded by
9 ordering the campus closed, cutting off bus service, and doing their best to give
10 Patriot Prayer an unobstructed opportunity to say and do anything they wanted in
11 front of a circus of media without any dissent.
12 3.11 In order to do so, the involved commanders and supervisors, by their own
13 statements authorized “Patriot Prayer” to make arrests, something the State Patrol
14 had also done with the “Proud Boys” “the 3 Percenters” and other far-right groups.
15 They then backed those arrests by ratification and taking the targeted individuals off
16 to jail and charging them with crimes they had not committed.
17 3.12 All of this is in conformity with the unofficial, but widespread pattern and
18 practice of the Washington State Patrol giving unfettered free and access to locations
19 and carrying out their duties in a biased manner in favor of far right demonstrators and

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P.O. Box 5405
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1 pro-Trump demonstrators at the expense of and often severe harm to counter-
2 demonstrators and their First, Fourth, and other Constitutional Rights.
3 3.13 Here, in spite of all of the impediments, a counter-demonstration was
4 organized.
5 3.14 JOSEPH ROBINSON was on his way across Red Square to the counter-
6 demonstration when his path was blocked by Knox, Todd, and other members of
7 Patriot Prayer, all under the specific direction and control of Gibson.
8 3.15 At Gibson’s direction and participation, Knox ordered Robinson to stop
9 and Gibson informed him that he couldn’t go through that area of a public plaza where
10 they had no authority.
11 3.16 When Robinson attempted peacefully to go around them, GRZOZWSKI,
12 again at GIBSON’s direction grabbed ROBINSON by the throat from behind and
13 began choking him, and then assisted by TOESE, KNOX, TODD, GIBSON and others
14 tackled ROBINSON to the ground and pinned him there.
15 3.17 The State Patrol Officers did not respond to this clear and obvious
16 assault.
17 3.18 At Gibson’s direction, TOESE then proceeded to search ROBINSON as
18 if TOESE was a law enforcement officer making an arrest.

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1 3.19 When the illegal search revealed a harmless pocket knife of a type
2 typically and lawfully carried by a large number of people, TOESE announced that
3 ROBINSON had a knife, which was immediately help up for viewing.
4 3.20 TOESE and TODD, at Gibson’s direction then dragged/marched Robinson
5 to the WSP line where ELLIS, at the direction of LANTZ and BAILEY, immediately
6 took ROBINSON into custody without asking any questions.
7 3.21 No Trooper or supervisor ever asked ROBINSON what had happened,
8 they simply took contradictory and clearly false statements from the Patriot Prayer
9 Defendants after placing Robinson into custody and then took him off to jail.
10 3.22 When Robinson was released from custody, hours later, his knife,
11 supposedly brandished, and supposedly a dangerous weapon, was returned to him
12 without comment.
13 3.23 The only charge the arresting /charging officers could come up with was
14 disorderly conduct.
15 3.24 No officer ever stated anything about who initiated any altercation or even
16 that Robinson was physically or verbally assaultive, ELLIS simply described pushing
17 and telling and then the decision was made to charge Robinson with causing the
18 confrontation by choosing to be in the same area as Patriot Prayer.

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1 3.25 No officer bothered to note that Patriot Prayer’s location was between the
2 entrance to Red Square from the parking lots and the location of the counter-
3 demonstration.
4 3.26 Nor did they ask, or report that Patriot Prayer initiated the confrontation
5 and assaulted Robinson who did not act in any violent or confrontation manner.
6 3.27 Also revealing is the fact that Ellis does not identify Patriot Prayer or the
7 alt or far-right. He simply describes a confrontation between “pro-Trump” and “anti-
8 Trump” demonstrators despite the fact that the demonstration, the counter-
9 demonstration, and the issues were not focused in any way on Trump and had
10 nothing directly to do with him..
11 3.28 The criminal case against Robinson dragged on for nearly 11 months
12 before being dismissed by the County Prosecutor in the interest of justice.
13 3.29 The criminal case caused great disruption to Plaintiff’s life and ongoing
14 education as he missed classes repeatedly for court hearings.
15 3.30 The arrest occurred on his 35th birthday, souring the experience.
16
17 IV. STATEMENT OF DAMAGES
18
19 4.1 As a direct and proximate result of the intentional and/or negligent
20 acts of Defendants, Plaintiff sustained deprivation of his First, Fourth, Fifth, and

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P.O. Box 5405
Telephone: (360) 599-4339

1 Fourteenth Amendment Rights, deprivation of liberty, pain and suffering and injury in
2 an amount that will be established at trial.
3 4.2 As a further direct and proximate result of the intentional and/or
4 negligent acts of Defendants, Plaintiff has had to retain legal counsel to vindicate his
5 rights in court at an amount to be established at trial and for which he is entitled to be
6 reimbursed.
7 4.3 As a further direct and proximate result of the intentional and
8 negligent acts of the Defendants, Plaintiff underwent frightening and psychologically
9 and physically damaging abuse, confinement and ratification of acts of violence
10 against him followed by the emotional strain of nearly a year of criminal prosecution
11 for something the involved officers knew or should have known he did not do and the
12 informal deputation of a band of far right thugs as putative law enforcement officers,
13 who allowed to carry out a false arrest, illegal search, and use of excessive force are
14 liable for the same, and a vicious attack on his Constitutional Rights including the
15 Right to speech and assembly, and unbiased and equal law enforcement and incurred
16 medical and legal costs and disruption of his life, all in an amount to be proved at trial.
17 4.4 Plaintiff is entitled to compensation for the Constitutional and
18 personal harms Defendants inflicted on him, and the chilling effect their actions had
19 on the exercise of his First Amendment Rights.
20

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P.O. Box 5405
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1 IV. CAUSE OF ACTIONS:
2
3 COUNT ONE
4 VIOLATION OF CIVIL RIGHTS
5 (TITLE 42 U.S.C. SECTION 1983)
6 (As to All Individual Defendants and DOES 1-100)
7
8 5.1. Plaintiff realleges and incorporates herein by reference the allegations set
9 forth in Paragraphs 1 through 4.4 of this complaint.
10 5.2. In committing the acts complained of herein, Defendants acted under color
11 of state law to deprive Plaintiffs, as alleged herein, of certain constitutionally protected
12 rights including, but not limited to:
13 (a) The right not to be deprived of liberty without due process of law;
14 (b) The right to be free from invasion or interference with Plaintiffs’ zone of
15 privacy;
16 (c) The right to equal protection of the law;
17 (d) The right to be free from unreasonable search and seizure;
18 (e) The right to be free from police use of excessive force;
19 (f) The right to be free from discriminatory and retaliatory law enforcement;
20 (g) The right to participate in a peaceful and lawful First Amendment exercise,
21 to Freely Express his political views, to Petition the Government for Redress of
22 Grievances, to Freely Associate with and Assemble with others to do so without fear
23 of wrongful arrest for doing so.

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1 (h) The right to be free from False detention and False Imprisonment, in
2 violation of his Fourth and Fifth Amendment Rights.
3 (i) The right to be free from false and malicious prosecution.
4 5.3 In violating Plaintiff’s rights as delineated above, and other rights according
5 to proof, Defendants acted by use of force, ratification of violence by those they were
6 politically sympathetic to, false arrest, malicious prosecution based on knowingly false
7 statements, misuse of their authority and position to advance their own political views
8 or by ratifying personally the above listed conducts, and/or cruel and unusual
9 punishment for purported violations of law that Plaintiff did not commit, and conduct
10 that was legal and protected, Defendants acted to violate Plaintiff’s rights under the
11 First, Fourth, Fifth, and 14th Amendments to the U.S. Constitution.
12 5.4 DOES 1-200 are the other officers involved directly in the incident in
13 question.
14 5.5 Dies 501-100 are the Members and participants in Patriot Pride whose
15 identities are no known who participated in these actions.
16 5.6 As a direct and proximate result of the violations of his Constitutional rights
17 by Defendants, and each of them, Plaintiff suffered general and special damages as
18 alleged in this complaint.
19 WHEREFORE, Plaintiff prays for relief as hereinafter set forth.
20

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1 COUNT TWO
2 Violation of Civil Rights
3 (Title 42 U.S.C. Section 1983)
4 (As to DEFENDANTS BAILEY, LANTZ and Does 201-500)
5
6 5.7 Plaintiff realleges and incorporate herein by reference the allegations set
7 forth in Paragraphs 1 through 5.6 of this complaint.
8 5.8 At all times herein mentioned, the incident commander, Lieutenant Lantz,
9 Sgt. Bailey, their supervisors, and the overall WSP commanders and officials and
10 those of any other agency involved in the planning, response, and execution of the
11 policies and procedures involved with the law enforcement response and actions at
12 this incident and other substantially similar responses by Officers of the Washington
13 State Patrol acted with the deliberate intent to attack and silence the opponents of far
14 right groups, as well as Trump and his supporters no matter how outrageous, created
15 and participated in the creation of an inter-agency policy to do so, failed to properly
16 train, supervise, and discipline officers who engaged in this conduct. All of this
17 directly resulted in the harm to and false detention, arrest, imprisonment, and
18 malicious prosecution of Plaintiff, and all of the harm related thereto. This policy and
19 actions based thereon deprived Plaintiff of his rights secured by the Constitution of
20 the United States, including, but not limited to his rights under the First, Fourth, Fifth,
21 and 14th Amendments to the U.S. Constitution, and rights under the Washington
22 State Constitution.

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1 5.9 The Doe supervisors, Commanders, and officials of named Defendants
2 acted deliberately to ratify the above-described policy and actions, and participated in
3 the creation and implementation of this policy, and failed to properly train, supervise,
4 and discipline named Defendants and other involved officers,
5 5.10 In committing the acts complained of herein, and in their official and
6 individual capacity, Doe Defendants acted with a design and intention to deprive
7 Plaintiff of rights secured by the Constitution of the United States and acted with
8 deliberate indifference to Plaintiff’s rights.
9 5.11 As a direct and proximate result of the acts complained of herein,
10 Plaintiffs have suffered general and special damages as set forth in this complaint.

12
13
14
15 COUNT THREE
16 Violation of Civil Rights
17 (WASHINGTON STATE CONSTITUTION)
18 (As to All Defendants)
19
20 5.12 Plaintiff realleges and incorporates herein by reference the allegations
21 set forth in Paragraphs 1 through 5.11 of this complaint.
22 5.13 Defendants’ detention, arrest, and malicious prosecution of Plaintiff was
23 unlawful as he had violated no law, and certainly not the one he was charged with,
24 and were in direct retaliation for his exercise of his First Amendment Rights and the

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1 content thereof, and of his lawful refusal to provide identification to an officer,
2 Plaintiff’s conduct was protected under Article 1 of the Washington State Constitution,
3 Section 5 and Section 7.
4 5.14 Patriot Prayer Defendants acted as and were allowed to act as de facto
5 law enforcement officers- carrying out an arrest, a use of extreme force, and a search
6 as if they were actual law enforcement officers, and thus are liable for those actions.
7 Plaintiff was forcibly and illegally detained, arrested, held for hours and then charged
8 criminally simply because he exercised his Free Expression rights to dissent under
9 the 1st Amendment as interpreted by Washington and under the Washington
10 Constitution and for exercising his First Amendment political association, Freedom of
11 Assembly and Free expression rights with content that officers of the State Patrol
12 disagreed with politically and were offended by. Defendants had no legal basis for so
13 treating Plaintiff.
14 5.15 Defendants’ detention, arrest, imprisonment, and malicious prosecution
15 of Plaintiff was also part of and calculated to justify the policy discussed in counts one
16 and two above.
17 5.16 As a direct and proximate result of the violation of his Constitutional
18 rights by Defendants, and each of them, Plaintiff suffered general and special
19 damages as alleged in this complaint.

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1 5.17 The conduct of Defendants was willful, malicious, oppressive, and/or
2 reckless, and was of such a nature that punitive damages should be imposed in an
3 amount commensurate with the wrongful acts alleged herein.
7 COUNT FOUR
8 FALSE ARREST
10
11 5.18 Plaintiff realleges and incorporates herein by reference the
12 allegations set forth in Paragraphs 1 through 5.17 of this complaint.
13 5.19. Defendant ELLIS, , and DOES 1-200, directed by Defendants
14 LANTZ, AND BAILEY and does 201-500 formally arrested Plaintiff, who had not
15 violated any law, because they did not like the specific content of the demonstration
16 and because DEFENDANTS TOESE AND TODD presented Plaintiff for arrest without
17 cause after they and GIBSON, GRZOZWSKI, TANGEN, KNOX, and Does 501-1000
18 stopped Plaintiff, violently seized and choked him, threw him to the ground, and
19 searched him, acting as law enforcement officers with the cooperation and backing of
20 the actual law enforcement officers and met the Hodari definition of an arrest and

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1 deliberately had him taken to the jail and charged with a crime that they knew or
2 should reasonably have known he had not committed.
3 5.20 Defendants knew or reasonably should have known that Plaintiff
4 had not committed any violation of law whatsoever, and should not have been
5 arrested.
6 5.21 Defendants’ seizure and arrest of Plaintiff without probable cause
7 or a warrant violated Plaintiff’s’ rights under the Washington State and U.S.
8 Constitutions, and further resulted in the incarceration and false charging and
9 malicious prosecution of Plaintiff, and the harm caused thereby.
10 5.22 The conduct of Defendants was willful, malicious, oppressive
11 and/or reckless, and was of such a nature that punitive damages should be imposed
12 in an amount commensurate with the wrongful acts herein alleged.
13 5.23 As a direct and proximate result of the acts complained of herein,
14 Plaintiff has suffered general and special damages as set forth in this complaint.
16
17 COUNT FIVE
18 FALSE IMPRISONMENT
19 (As to all Defendants)
20

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1 5.25 As a result of the false arrest by Defendants ELLIS, , and DOES 1-200,
2 directed by Defendants LANTZ, AND BAILEY and does 201-500 and DEFENDANTS
3 TOESE, TODD, GIBSON, GRZOZWSKI, TANGEN, KNOX, and Does 501-1000
4 Plaintiff was held at the scene, and taken to and held in the Thurston County Jail for
5 several hours on his birthday, until released
6 5.26 Plaintiff was unjustly deprived of liberty for that period and subjected to
7 abuses therein.
8 5.27 As a further direct and proximate result of the false arrest and
9 imprisonment of Plaintiff, he suffered damages and injuries as heretofore alleged in
10 this complaint.
11 5.28 The conduct of Defendants was willful, malicious, oppressive and/or
12 reckless, and was of such a nature that punitive damages should be imposed in an
13 amount commensurate with the wrongful acts herein alleged.
15
16 COUNT SIX
17 MALICIOUS PROSECUTION
19

23

P.O. Box 5405
Telephone: (360) 599-4339

1 5.30 In falsely arresting Plaintiff, in making numerous false statements in their
2 reports and written statements and in sworn testimony Defendants, and each of them,
3 intentionally caused Plaintiff to be prosecuted and imprisoned for that assault,
4 maliciously prosecuted, and to have the arrest and charge permanently on his record,
5 despite its dismissal, resulting in great harm to Plaintiff that continues to this day.
6 That prosecution dragged on for almost 11 months disrupting Plaintiff’s life and
7 education without cause.
9 rights by Defendants and their tortious conduct against him, Plaintiff suffered general
10 and special damages as alleged in this complaint.
11 5.32 The acts of Defendants were extreme and outrageous, and would be so
12 seen and would shock the conscience of a reasonable person.
13
14
15
16 COUNT SEVEN
17 NEGLIGENCE
19
20 5.33 Plaintiffs reallege and incorporate herein by reference the allegations

24

P.O. Box 5405
Telephone: (360) 599-4339

1 5.34 Law Enforcement Defendants, and those acting as law enforcement, and
2 each of them, owed Plaintiffs a duty to use due care in law enforcement and not
3 carelessly, recklessly or deliberately use their power to inflict unnecessary and/or
4 unreasonable harm at or about the times of the aforementioned incidents.
5 5.35 In committing the aforementioned acts and/or omissions, Defendants,
6 and each of them, negligently breached said duty, directly and proximately resulting in
7 the injuries and damages to the Plaintiff as alleged herein.
10
11 COUNT EIGHT
12 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
14
17 5.37 In carrying out the detention, arrest, violent assault, illegal search,
18 imprisonment, malicious prosecution, and coercive action to force Plaintiff to abandon
19 the exercise of his Constitutional rights, and other acts alleged throughout this
20 complaint, Defendants, and each of them, sought to cause emotional distress and
21 trauma to Plaintiff, and Plaintiff did suffer such emotional distress with accompanying
22 physical symptoms.

25

P.O. Box 5405
Telephone: (360) 599-4339

2 rights by all Defendants’ tortious conduct against them, Plaintiff suffered general and
3 special damages as alleged in this complaint.
6 5.39 The conduct of Defendants was willful, malicious, oppressive, extreme
7 and outrageous and/or reckless, and was of such a nature that punitive damages
8 should be imposed in an amount commensurate with the wrongful acts alleged herein.
10
11 COUNT NINE
12 BATTERY AND ASSAULT
13 (AS TO ALL DEFENDANTS)
14
17 5.41 In carrying out the detention, false imprisonment, violent assault, illegal
18 search, and de facto arrest of Plaintiff, Defendants GIBSON, TOESE, GRZOZWSKI,
19 TODD, TANGER, KNOX, AND DOES 501-1000 acted in an illegal, and intimidating
20 manner, causing great pain and injury to Plaintiff and causing him, throughout to
21 reasonably fear additional such pain, and continued harmful and offensive touching.

26

P.O. Box 5405
Telephone: (360) 599-4339

1 5.42 The WSP Defendants, Ellis, Bailey, and Lantz, and Does 1-500 continued
2 the battery against Plaintiff causing him to fear continued harmful and offensive
3 touching as the false arrest was carried out.
4 5.43 All of Defendants sought to use force and coercion to force and intimidate
5 Plaintiff into abandoning his First Amendment Rights to express an opinion they
6 disagreed with, to petition the government for redress, and to freely associate with
7 those gathered for common purpose with him.
8 5.44 As a direct and proximate result of the violation of his rights by all
9 Defendants’ tortious conduct against them, Plaintiff suffered general and special
10 damages as alleged in this complaint.
13 5.46 The conduct of Defendants was willful, malicious, oppressive, extreme
14 and outrageous and/or reckless, and was of such a nature that punitive damages
15 should be imposed in an amount commensurate with the wrongful acts alleged herein.
17
18
19
20 VI. JURY TRIAL DEMAND
21 6.0 Plaintiff hereby demands a jury trial in this matter.

27

P.O. Box 5405
Telephone: (360) 599-4339

2 VII. PRAYER FOR RELIEF
3 WHEREFORE, Plaintiff prays for judgment against the Defendants as follows:
4 1. For general damages including pain and suffering together with special
5 damages for Plaintiff’s reasonable and necessary legal expenses, and medical
6 expenses both past and future, the exact amount of which will be established at the
7 time of trial;
8 2. For punitive damages in an amount to be proven at trial pursuant to Federal
9 and State law;
10 3. For actual attorney’s fees and litigation costs pursuant to 42 U.S.C.
11 1988;
12 4. For statutory attorney’s fees and costs; and
13 5. For court supervised training and regulations requiring that the involved
14 agencies and officers not adopt procedures and policies and/or take actions designed
15 to suppress First Amendment activity and target participants therein, and or target
16 individuals and groups based on political affiliations or perceptions thereof, and
17 educate hem that they cannot arrest a subject for refusing to identify themselves,
18 especially in a non-arrest or citation situation.
19 6. For such other and further relief as the Court deems just and proper.
20

28

P.O. Box 5405
Telephone: (360) 599-4339

1 DATED: Monday, June 17, 2019
4 __/s/______LAWRENCE A. HILDES_____
5 LAWRENCE A. HILDES, WSBA # 35035
6 P.O. Box 5405, Bellingham, WA 98227
7 (360) 599-4339
8 lhildes@earthlink.net
9 Attorney for Plaintiff JOSEPH ROBINSON

29

P.O. Box 5405
Telephone: (360) 599-4339

Robinson V Bailey Et Al Wawdce-19-05551 0001.0

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Case 3:19-cv-05551-BAT Document 1 Filed 06/17/19 Page 1 of 29

ROBINSON v. BAILEY, et al.-COMPLAINT

LAWRENCE A. HILDES (WSBA # 35035)

ATTORNEY FOR PLAINTIFF

16 district, reside in this judicial district.

19 2.1 Plaintiff JOSEPH ROBINSON is a single man residing primarily in the

20 State of Washington, in THURSTON County within the Western District of

ROBINSON v. BAILEY, et al.-COMPLAINT

LAWRENCE A. HILDES (WSBA # 35035)

ATTORNEY FOR PLAINTIFF

4 discriminatory law enforcement action to support pro-Trump, and far right

10 2.2 Defendant WSP LIEUTENANT B.E LANTZ upon belief resides in

11 THURSTON or PIERCE County within the Western District of Washington State.

13 injuries complained of in this complaint, an employee and/or agent of the

14 WASHINGTON STATE PATROL (hereinafter identified as WSP) acting within the

16 alt-right protestors over and against those opposing them amounting to

17 INTENTIONAL viewpoint discrimination without any necessity or essential

19 2.4 Defendant WSP SERGEANT JORDAN BAILEY. upon belief resides in

20 THURSTON or PIERCE County within the Western District of Washington State.

ROBINSON v. BAILEY, et al.-COMPLAINT

LAWRENCE A. HILDES (WSBA # 35035)

ATTORNEY FOR PLAINTIFF

2 in this complaint, an employee and/or agent of the WASHINGTON STATE PATROL

5 those opposing them amounting to viewpoint discrimination without any necessity or

6 essential government interest.

10 employee and/or agent of the WASHINGTON STATE PATROL (hereinafter identified

13 amounting to viewpoint discrimination without any necessity or important appropriate

15 2.6 Defendant JOEY GIBSON, by information and belief resides in CLARK

ROBINSON v. BAILEY, et al.-COMPLAINT

LAWRENCE A. HILDES (WSBA # 35035)

ATTORNEY FOR PLAINTIFF

2 and homophobic actions.

3 2.7 Defendant TUSITALA JOHN TOESE, by information and belief resides in

4 CLARK COUNTY within the Western District of Washington State. By information

13 WSP Defendants, who then promptly arrested Plaintiff without investigation.

14 2.8 Defendant MATTHEW S. GRZOZWSKI, by information and belief resides

15 in FEDERAL WAY in CLARK COUNTY within the Western District of WASHNGTON,

17 extensive ties to Neo-Nazi, White Supremacists, and Neo-Fascist groups and

ROBINSON v. BAILEY, et al.-COMPLAINT

LAWRENCE A. HILDES (WSBA # 35035)

ATTORNEY FOR PLAINTIFF

1 in question, and without cause or provocation, GRZOZWSKI tackled Plaintiff to the

3 causing him great pain, injury, and falsely imprisoning him.

4 2.9 WILLIAM TANGER, by information and belief resides in MATLOCK in

9 TANGER participated in blocking Plaintiff’s path as he peacefully walked through the

10 crowd towards the counter demonstration, participating in seizing and falsely

14 2.10 CARL D. TODD, by information and belief resides in SHERWOOD,

15 OREGON in WASHINGTON COUNTY within the District of OREGON, active in both

19 D. TODD participated in blocking Plaintiff’s path as he peacefully walked through the

20 crowd towards the counter demonstration, participating in seizing and falsely

ROBINSON v. BAILEY, et al.-COMPLAINT

LAWRENCE A. HILDES (WSBA # 35035)

ATTORNEY FOR PLAINTIFF

5 2.11 WILLIAM KNOX, by information and belief resides in PORT ORCHARD,

6 WASHINGTON in KIPSAP COUNTY within the Western District of WASHINGTON,

8 extensive ties to Neo-Nazi, White Supremacists, and Neo-Fascist groups and

11 as he peacefully walked through the crowd towards the counter demonstration.

13 were a law enforcement officer. He then participating in seizing and falsely

19 training, and/or disciplining officers, and/or decision-makers of the WASHINGTON

ROBINSON v. BAILEY, et al.-COMPLAINT

LAWRENCE A. HILDES (WSBA # 35035)

ATTORNEY FOR PLAINTIFF

2 action, SET UP OR PARTICPATED IN THE DEFACTO POLICY OF BIASED