1 FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Robert S. Brown, State Bar No. 187845
ROBERT S. BROWN, APC
714 W. Olympic Blvd., Ste. 450 Los Angeles, CA 90015 Telephone: (213) 745-6300 Facsimile: (213) 261-3906 John C. Taylor, State Bar No. 78389 Neil Gehlawat, State Bar No. 289388
TAYLOR & RING, LLP
1230 Rosecrans Ave, Suite 360 Manhattan Beach, California 90266 Telephone: (310) 209-4100 Facsimile: (310) 208-5052 Attorneys for Plaintiff: S.C.D.P. BRIAN STATLER SR. and STACEY MEADORS UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA S.C.D.P., a minor, by and through her guardian
ad litem
, DECERY CAPPONI, individually and as Successor-In-Interest to BRIAN STATLER JR; BRIAN STATLER SR., individually; and STACEY MEADORS, individually, Plaintiff, vs. CITY OF INGLEWOOD, a public entity, and DOES 1 through 10, Inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 2:19-cv-10712 DMG-MRW
FIRST AMENDED COMPLAINT FOR DAMAGES:
(1)
Fourth Amendment—Excessive Force (42 U.S.C. § 1983) (2)
Fourteenth Amendment— Substantive Due Process (42 U.S.C. § 1983) (3)
Municipal Liability— Unconstitutional Custom or Policy (4)
Municipal Liability—Ratification (5)
Municipal Liability—Failure to Train (6)
Violation of Civil Rights—CCC § 52.1 (The Bane Act) (7)
Negligence (8)
Battery (Civil Code Section 43)
(DEMAND FOR JURY TRIAL)
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Plaintiffs S.C.D.P., a minor, by and through her guardian
ad litem
, DECERY CAPPONI, individually and as Successor-in-Interest to BRIAN STATLER JR.; BRIAN STATLER, SR., individually; and STACEY MEADORS, individually (“PLAINTIFFS”) allege and complain against each Defendant, as follows:
JURISDICTION AND VENUE
1.
This Court has original jurisdiction over this action for damages under the laws Under 42 U.S.C. § 1983, the United States Constitution and common law principles, to redress a deprivation under color of state law of rights, privileges, and immunities secured to PLAINTIFFS and their decedent, by said status, and by the Fourth and Fourteenth Amendments of the United States Constitution. 2.
Pursuant to U.S.C. §1331, this Court has original jurisdiction under the Civil Rights Act 42 U.S.C. § 1983 and related common law claims pursuant to 28 U.S.C. §§ 1331, 1343. 3.
Venue is proper in this Court because Defendants reside in, and all incidents, events and occurrences giving rise to this action occurred in the County of Los Angeles, California 4.
PLAINTIFFS filed timely claims under Government Code § 911.2 et. al. and bring pendant actions under state law. On or about January 2, 2020, S.C.D.P. filed an Application to Present a Late Claim with the CITY OF INGLEWOOD. On March 2, 2020, the CITY OF INGLEWOOD sent notice to S.C.D.P. informing her that her Application had been rejected. On May 10, 2019, BRIAN STATLER SR. filed a Claim for Damages with the CITY OF INGLEWOOD. On or about June 19, 2019, the CITY OF INGLEWOOD sent notice to BRIAN STATLER SR. informing him that his Claim for Damages had been rejected. On or about September 14, 2019, BRIAN STATLER SR. filed an Amended Claim for Damages with the CITY OF INGLEWOOD. The CITY OF INGLEWOOD never responded to his Amended Claim for Damages. On July 29, 2019, STACEY MEADORS filed a Claim for Damages with the CITY OF INGLEWOOD. On or about August 21, 2019, the CITY OF INGLEWOOD sent notice
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to STACEY MEADORS informing her that her Claim for Damages had been rejected. On or about September 14, 2019, STACEY MEADORS filed an Amended Claim for Damages with the CITY OF INGLEWOOD. The CITY OF INGLEWOOD never responded to her Amended Claim for Damages.
PARTIES AND JURISDICTION
5.
S.C.D.P. is a citizen of the United States, who at the time of the violations alleged, lived with her mother, Decery Capponi, in Inglewood, California, which is located within Los Angeles County. At all relevant times, S.C.D.P. was and continues to be a minor, having been born in the year 2017. S.C.D.P. is the biological daughter of Decedent BRIAN STATLER JR. A copy of S.C.D.P.’s successor-in-interest statement is attached as Exhibit 1. 6.
At all relevant times, Plaintiff BRIAN STATLER SR. is a resident of the State of Missouri and is the biological father of Decedent BRIAN STATLER JR. 7. At all relevant times, Plaintiff STACEY MEADORS is a resident of the State of Pennsylvania and is the biological mother of Decedent BRIAN STATLER JR. 8. Plaintiffs are informed, believe, and allege, that at all relevant times, Defendant CITY OF INGLEWOOD (hereinafter “the CITY” or “Inglewood”) was a public entity and/or municipal corporation, duly organized and existing under and by virtue of the laws of the State of California. 9. Plaintiffs are informed, believe, and allege, that at all relevant times, Defendants DOES 1 through 10, inclusive, were sworn police officers, sworn police supervisors, managers, officials and/or employees of Defendant CITY OF INGLEWOOD. Plaintiffs are further informed, believe, and allege, that at all relevant times, Defendants DOES 1 through 10, inclusive, were acting in the course and scope or their employment with Defendant CITY OF INGLEWOOD and are liable under the doctrine of respondeat superior pursuant to Section 815.2 of the California Government Code.
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