1 KELLAN S. PATTERSON, ESQ. SB No.

307190
Law Office of Kellan Patterson
2
770 L Street, Suite 950
3 Sacramento, CA 95814
P: (916) 905-4464
4
F: (916) 721-2742
5 E: info@kellanpatterson.com
6 Attorney for Plaintiff YASMIN SUNDERMEYER
7

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA
10 SACRAMENTO DIVISION
11
YASMIN SUNDERMEYER, an Case No.:
12 individual,
COMPLAINT FOR DAMAGES
13 Plaintiff,
1. 42 U.S.C. § 1983 (Violation of
14 v. Fourteenth Amendment Rights-
Unreasonable Force)
15 BRITTANY N. LINDE, in her individual
capacity, COUNTY OF SACRAMENTO, 2. 42 U.S.C. § 1983 (Violation of
16 as a municipality, Fourteenth Amendment Right-
Unlawful Use of Restraint Chair)
17 Defendant.
3. Monell Claim
18
4. Negligence
19
5. Battery
20

21
JURY TRIAL DEMANDED
22

23

24
INTRODUCTION
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1. This case arises out of the unlawful use of force on YASMIN SUNDERMEYER by
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County of Sacramento Sheriff Deputy BRITTANY N. LINDE. On January 8, 2019, a simple
27
escort from medical turned into a cruel beating of YASMIN SUNDERMEYER which was all
28
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COMPLAINT FOR DAMAGES
 1 precipitated by the conflicting directives deputies had issued YASMIN SUNDERMEYER. As a

2 result of the beating, YASMIN SUNDERMEYER suffered severe physical and emotional

3 injuries.

4 2. This case is also evidence of, at the expense of the constitutional rights of others, the

5 violent culture that is allowed and encouraged by the Sacramento County Sheriff’s Department. A

6 tool often utilized by the Sheriff’s Department to protect this shameful culture is to eschew from

7 transparency and to disregard the laws pertaining to producing public records to those who are

8 interested in holding government officials accountable.

9 JURISDICTION

10 3. This action arises under federal statutes, 42 U.S.C. §§ 1983, and 1988. At the time of the

11 incident, Plaintiff YASMIN SUNDERMEYER was a resident of Sacramento County, California.

12 Ms. SUNDERMEYER, while handcuffed, shackled and strapped into a restraint-chair, was

13 repeatedly kneed in her lower-abdomen by Deputy BRITTANY N. LINDE in Sacramento,

14 California. Ms. SUNDERMEYER suffered and continues to suffer from the unlawful and

15 unreasonable force used by Defendant LINDE and permitted by COUNTY OF SACRAMENTO.

16 Defendants’ conduct violated Ms. SUNDERMEYER’S right to be free from unreasonable force as

17 guaranteed by the Fourteenth Amendment of the United States Constitution.

18 VENUE

19 4. Venue is proper in the Eastern District of California because a substantial part of the

20 events or omissions giving rise to the claim occurred in the District. The injury took place in the

21 Sacramento County Jail Rio Cosumnes Correctional Center, located in Elk Grove, California.

22 Additionally, the Defendant-Officers are employed by the County of Sacramento, which has its

23 principal place of operations in Sacramento, California.

24 PARTIES

25 5. Plaintiff YASMIN SUNDERMEYER, at the time of the incident bringing forth this

26 action, was a 19-year-old pre-trial detainee who was housed at the Sacramento County Jail Rio

27 Cosumnes Correction Center, located in Elk Grove, California.

28 6. Defendant BRITTANY N. LINDE, at the time of the incident bringing forth this action,
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COMPLAINT FOR DAMAGES
 1 was a deputy sheriff working for the County of Sacramento Sheriff’s Department.

2 7. Defendant COUNTY OF SACRAMENTO is a municipality duly organized under the

3 laws of the State of California. It has formed and operates the Sheriff’s Department to offer law

4 enforcement services to citizens within the County of Sacramento. COUNTY OF

5 SACRAMENTO is the employer of deputy BRITTANY N. LINDE.

6 PROCEDURAL MATTERS

7 8. Prior to the filing of this lawsuit, Plaintiff YASMIN SUNDERMEYER attempted to

8 utilize the Sacramento County Jail’s grievance system, however, jail officials have failed to

9 timely provide SUNDERMEYER access to grievance forms and have subsequently failed to

10 respond to SUNDERMEYER’s grievances.

11 9. Plaintiff has filed a claim with the County of Sacramento in compliance with the

12 California Government Torts Act.

13 FACTS COMMON TO ALL CLAIMS FOR RELIEF

14 10. At the time of the incident, YASMIN SUNDERMEYER (“SUNDERMEYER”) was only

15 nineteen years old. She stands a mere five-feet and three inches tall (5’3) and weighs all of 120

16 pounds.

17 11. On January 8, 2019, at approximately 10:00 a.m., SUNDERMEYER was being escorted

18 by two deputies from the medical unit to her cell in the Sacramento County Jail Rio Cosumnes

19 Correctional Center (“RCCC”).

20 12. SUNDERMEYER recalls Deputy O’Leary (badge # 1011) who is a female deputy and a

21 tall male deputy (name unknown to Plaintiff) as the ones escorting her.

22 13. As they reached her cell and her cell door was opened, the male deputy ordered

23 SUNDERMEYER to kneel on the fixed stool in her cell so that he could remove the shackles

24 from around SUNDERMEYER’s legs. SUNDERMEYER complied with his order.

25 14. Immediately thereafter, and prior to the removal of the restraints, Deputy O’Leary ordered

26 SUNDERMEYER to lie down on the floor.

27 15. As the two commands by the deputies were in conflict, SUNDERMEYER was reasonably

28 confused. As she did not want to disobey the deputies, SUNDERMEYER recalls asking the
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COMPLAINT FOR DAMAGES
 1 deputies: “Should I kneel on the stool like I am doing right now or go on the floor?”

2 16. SUNDERMEYER then recalls hearing Deputy O’Leary saying: “Alright, we’re not doing

3 this.”

4 17. SUNDERMEYER is then immediately grabbed by Deputy O’Leary and is forced to the

5 floor with the assistance of the male deputy.

6 18. While on the floor, SUNDERMEYER felt the overwhelming weight of a deputy who had

7 a knee in her back causing SUNDERMEYER to experience symptoms of an asthma attack.

8 Additionally, SUNDERMEYER’s face was being shoved into the hard cement floor. As a result

9 of the force being used against her, SUNDERMEYER began to cry and attempted to explain to

10 the deputies that it was difficult for her to breathe.

11 19. After a few minutes passed, SUNDERMEYER was then escorted into the hallway and

12 into a restraint chair by at least five deputies.

13 20. Defendant BRITTANY N. LINDE (“LINDE”) strapped in SUNDERMEYER’s arms and

14 legs. As LINDE attempted strap down the midsection restraining-belt, LINDE began to ram her

15 knee repeatedly into the lower abdomen of SUNDERMEYER. The pain caused

16 SUNDERMEYER to scream of pain and SUNDERMEYER explained that LINDE’s actions were

17 hurting her.

18 21. After being strapped into the restraint-chair, SUNDERMEYER was wheeled into a

19 padded cell where she remained for at least four straight hours.

20 22. While sitting in the restraint chair, SUNDERMEYER was experiencing the sensation of

21 pain all over her body. Yet, SUNDERMEYER could distinctively notice a higher level of pain

22 sensations emanating from her lower abdomen.

23 23. As the days went by, the sensation of pain in SUNDERMEYER’s lower abdomen did not

24 subside. She believed the pain was menstrual cycle related as she started to experience menstrual

25 spotting. However, she never experienced such issues in the past.

26 24. Roughly two weeks after the incident where she was kneed in her abdomen,

27 SUNDERMEYER continued to experience the same pain, spotting and discomfort.

28 SUNDERMEYER began to associate the pain with the IUD she had implanted in her prior to her
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COMPLAINT FOR DAMAGES
 1 detention at Sacramento County Jail. SUNDERMEYER began to request medical attention

2 regarding the severe pain and spotting.

3 25. After several requests, SUNDERMEYER was eventually seen by medical professionals at

4 Sutter Hospital in Sacramento California on April 12, 2019. As a result of her symptoms, the IUD

5 was removed.

6 26. Sutter medical professionals confirmed that SUNDERMEYER was dealing with recurring

7 Pelvic Pain and such issues could affect her reproductive organs, urinary system, digestive tract,

8 and musculoskeletal system.

9 27. As the result of her doctor’s advisements, SUNDERMEYER is worried and experiences

10 great anxiety that the actions of LINDE has damaged her in a manner that would prevent

11 SUNDERMEYER from getting pregnant or having a safe pregnancy in the future.

12 28. In an attempt to obtain and preserve the surveillance video of this incident,

13 SUNDERMEYER through counsel submitted a request for a report of the incident and the video

14 surveillance. On August 10, 2019, SUNDERMEYER submitted a public record request pursuant

15 to the California Public Records Act § 6250 et seq.

16 29. SUNDERMEYER, through counsel, requested an update on the status of the records on

17 August 31, 2019.

18 30. A County of Sacramento staff member responded on September 4, 2019 and explained

19 that the County was still reviewing documentation responsive to the request and will notify

20 SUNDERMEYER’s counsel once the process is complete.

21 31. On September 5, 2019, a County of Sacramento staff member explained that the incident

22 was pending an administrative investigation and an update would be given after the investigation

23 was complete. The staff member further explained that documentation was prohibited from

24 release pursuant to Gov. Code § 6254(f).

25 32. Over 13 months later, SUNDERMEYER received correspondence from Sheriff Scott R.

26 Jones denying SUNDERMEYER’s request for records all together without providing substantive

27 factual and legal support behind the denial.

28 33. SUNDERMEYER is informed and believes, and thereon allege that the Sacramento
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COMPLAINT FOR DAMAGES
 1 County Sheriff’s Office has intentionally withheld the dissemination of the video footage and

2 reports of this incident to frustrate SUNDERMEYER’s ability to seek justice. This contention is

3 further bolstered by the fact that the Sacramento County Sheriff’s Office has routinely released

4 video footage of police involved shootings merely weeks after such an incident when such video

5 clearly justifies police actions. For example, on or about September 11, 2020, the Sacramento

6 County Sheriff’s Office released the deputy involved shooting of Christopher Walker which

7 occurred on August 22, 2020. Although California law mandates that police involved shooting are

8 investigated, within a month of the incident, Sheriff’s Office spokeswoman Sgt. Tess Deterding,

9 narrates the events coupled with actual video footage that occurred on August 22, 2020 for public

10 consumption. Juxtapose this occurrence with SUNDERMEYER having to wait over a year to

11 receive a complete denial to her request for records.

12 PROCEDURAL MATTERS

13 34. YASMINE SUNDERMEYER is in compliance with the California Government Torts

14 Claim Act as she filed a claim with the County of Sacramento on or about July 2, 2019. The

15 County of Sacramento rejected the claim by operation of law on or about August 10, 2020.

16
FIRST CAUE OF ACTION
17 Unreasonable and Excessive Use of Force
(Fourteenth Amendments to U.S. Constitution and 42 U.S.C. § 1983)
18 Against Defendants HINDE in her individual capacity
19 35. Plaintiff repeats and realleges the allegation set forth in above as though fully set forth

20 herein.

21 36. Defendant HINDE’s use of force against Plaintiff was unnecessary, excessive, and

22 unreasonable under the circumstances as Plaintiff’s limbs were strapped into the restraint-chair

23 and Plaintiff could not be a physical threat to any deputies, jail staff or other inmates at the time

24 HINDE repeatedly kneed Plaintiff in her lower abdomen. HINDE refused to utilize any non-

25 violent measures to secure Plaintiff into the restraint-chair.

26 37. Defendant HINDE’s acted maliciously, sadistically, or for the purpose of causing harm to

27 Ms. SUNDERMEYER. Defendant’s HINDE’s violent conduct served no penological or

28 legitimate government interest—only to cause Ms. SUNDERMEYER to suffer excruciating pain.

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COMPLAINT FOR DAMAGES
 1 38. Defendant HINDE’s use of force cause Ms. SUNDERMEYER short-term and long-term

2 physical, mental, and emotional pain and suffering.

3 39. Defendant’s unnecessary, excessive, and objectionably unreasonable conduct caused the

4 constitutional violation and serious injury to SUNDERMEYER, and has legally, proximately and

5 foreseeably caused SUNDERMEYER to suffer damages according to proof at the time of trial.

6 Those damages are both economic and non-economic and includes emotional distress and pain

7 and suffering. SUNDERMEYER is also entitled to attorney fees and costs of suit herein pursuant

8 to Title 42, section 1988, et seq. of the United States Code.

9 SECOND CAUE OF ACTION

Unreasonable Use of Restraint Chair
10 (Fourteenth Amendments to U.S. Constitution and 42 U.S.C. § 1983)
Against Defendant HINDE in Her Individual Capacity
11

12 40. Plaintiff repeats and realleges the allegation set forth above as though fully set forth

13 herein.

14 41. Defendant HINDE’s and other unknown deputies’ decision to place Plaintiff into a

15 restraint-chair amounts to punishment as Defendant HINDE and the other unknown deputies did

16 not place Plaintiff into the restraint chair to preserve internal order or to maintain institutional

17 security or to lawfully discipline Plaintiff, rather the decision to place Plaintiff into the restraint

18 chair was unrelated to any legitimate governmental objective and was excessive in relation to any

19 governmental objective.

20 42. Defendant HINDE and other unknown deputies acted maliciously, sadistically, or for the

21 purpose of causing harm to Ms. SUNDERMEYER. Defendant’s HINDE’s and other unknown

22 deputies conduct served no penological or legitimate government interest—only to cause Ms.

23 SUNDERMEYER to suffer pain, embarrassment, shame, and emotional and mental distress.

24 43. Defendant HINDE’s and other unknown deputies’ conduct and omissions caused Ms.

25 SUNDERMEYER short-term and long-term physical, mental, and emotional pain and suffering.

26 Defendants’ unnecessary, excessive, and objectionably unreasonable conduct and omissions

27 caused the constitutional violation and serious injury to SUNDERMEYER, and has legally,

28 proximately and foreseeably caused SUNDERMEYER to suffer damages according to proof at

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COMPLAINT FOR DAMAGES
 1 the time of trial. Those damages are both economic and non-economic and includes emotional

2 distress and pain and suffering. SUNDERMEYER is also entitled to attorney fees and costs of

3 suit herein pursuant to Title 42, section 1988, et seq. of the United States Code.

4 THIRD CAUE OF ACTION

Unreasonable Use of Restraint Chair
5 (Fourteenth Amendments to U.S. Constitution and 42 U.S.C. § 1983)
Against Defendant HINDE in Her Individual Capacity
6

7 44. Plaintiff repeats and realleges the allegation set forth above as though fully set forth

8 herein.

9 45. Plaintiff is informed and believes and thereon alleges that high-ranking County of

10 Sacramento officials, including high-ranking sheriff-deputy supervisors and DOES 1 through 25,

11 and/or each of them, knew and/or reasonably should have known about the repeated acts of

12 unconstitutional use of force by sheriff deputies and the unlaw use of restraint chairs.

13 46. Despite having such notice, Plaintiff is in informed and believes and thereon alleges that

14 COUNTY OF SACRAMENTO and DOES 1 through 25, and/or each of them, approved, ratified,

15 condoned, encouraged, sought to cover up, and/or tacitly authorized the continuing pattern and

16 practice of misconduct and/or civil rights violations by the County of Sacramento Sheriff’s Office,

17 which brought about Defendant LINDE unlawfully using force against SUNDERMEYER.

18 47. Plaintiff is further informed and believes and thereon alleges that as a result of the deliberate

19 indifference, reckless and/or conscious disregard of the misconduct by Defendants LINDE,

20 Defendant COUNTY OF SACRAMENTO and/or DOES 1-25 ratified and encourage this deputy

21 to continue her course of misconduct.

22 48. Plaintiff further alleges that Defendants COUNTY OF SACRAMENTO and DOES 1

23 through 25 and/or each of them, were on notice of the Constitutional defects in their training of

24 County of Sacramento Sheriff Deputies, including, but not limited to: unlawfully using excessive

25 force to make detentions and/or force compliance.

26 49. The aforementioned acts and/or omissions and/or deliberate indifference by high ranking

27 County of Sacramento officials, including high ranking County of Sacramento Sheriff Office

28 supervisors, DOES 1 through 25, and/or each of them resulted in the deprivation of Plaintiff’s
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 1 constitutional rights including, but not limited to: the right to not be deprived of life, liberty or

2 property without due process of the law, as guaranteed by the Fourteenth Amendment to the United

3 States Constitution; and the right to be free from excessive force by peace officers, as guaranteed

4 by the Fourteenth Amendment of the United States Constitution.

5 FOURTH CAUE OF ACTION

6 Negligence
(State Claim)
7 Against Defendant HINDE in Her Individual Capacity

8 50. Plaintiff repeats and realleges the allegation set forth above as though fully set forth

9 herein.

10 51. On January 8, 2019, YASMIN SUNDERMEYER was repeatedly kneed by Deputy Sheriff

11 BRITTANYT LINDE while strapped into a restraint chair in the halls of RCCC.

12 52. Defendant LINDE used excessive and unreasonable force when kneeing SUNDERMEYER

13 as she sat harmlessly and defenselessly in a restraint-chair.

14 53. The result of Defendant LINDE’s conduct caused Plaintiff to suffer great bodily injuries

15 and mental and emotional distress. In result, SUNDERMEYER suffered from lower abdominal and

16 uterus pain and faces a heightened probability of getting pregnant in the future and or having

17 complications with a future pregnancy.

18 54. As a direct and legal result of the negligence of Defendant LINDE, YASMIN

19 SUNDERMEYER was seriously injured.

20 55. As a further direct and legal result of the negligence of Defendant LINDE, Plaintiff has

21 incurred special and general damages.

22 FIIFTH CAUE OF ACTION

23 Battery
(State Law Claim)
24 Against Defendants HINDE in her individual capacity

25 56. Plaintiff repeats and realleges the allegation set forth in above as though fully set forth

26 herein.

27 57. Defendant HINDE’s use of force against Plaintiff was unnecessary, excessive, and

28 unreasonable under the circumstances as Plaintiff’s limbs were strapped into the restraint-chair
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 1 and could not be a physical threat to any deputies, jail staff or other inmates at the time HINDE

2 repeatedly kneed Plaintiff in her lower abdomen. HINDE refused to utilize any non-violent

3 measures to secure Plaintiff into the restraint-chair.

4 58. Defendant HINDE’s acted maliciously, sadistically, or for the purpose of causing harm to

5 Ms. SUNDERMEYER. Defendant’s HINDE’s violent conduct served no penological or

6 legitimate government interest—only to cause Ms. SUNDERMEYER to suffer excruciating pain.

7 59. Defendant HINDE’s use of force cause Ms. SUNDERMEYER short-term and long-term

8 physical, mental, and emotional pain and suffering.

9 60. Defendant’s unnecessary, excessive, and objectionably unreasonable conduct caused the

10 constitutional violation and serious injury to SUNDERMEYER, and has legally, proximately and

11 foreseeably caused SUNDERMEYER to suffer damages according to proof at the time of trial.

12 Those damages are both economic and non-economic and includes emotional distress and pain

13 and suffering.

14 PRAYER

15 WHEREFORE, Plaintiff prays for relief, as follows:

16 1. For general damages in a sum to be determined according to proof;

17 2. For special damages, including but not limited to, past, present and/or future wage loss,

18 income and support, medical expenses and other special damages in a sum to be

19 determined according to proof;

20 3. As to the First and Second Causes of Actions, for punitive and exemplary damages against

21 Defendant LINDE in amounts to be determined according to proof;

22 4. For reasonable attorneys’ fees pursuant to 42 U.S.C. § 1988;

23 5. For any and all statutory damages allowed be federal and state law;

24 6. For cost of suit herein incurred; and

25 7. For such other and further relief as the Court deems just and proper.

26 ///

27 ///

28 ///
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 1

2 DEMAND FOR JURY TRIAL

3 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff hereby requests a

4 trial by jury on the issue so triable herein.

6 DATED: November 25, 2020 LAW OFFICE OF KELLAN PATTERSON

8 By: ________/s/ Kellan S. Patterson_________,

Kellan Patterson
9 Attorney for YASMIN SUNDERMEYER
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