Case 6:21-cv-01307-LSC Document 1 Filed 09/29/21 Page 1 of 16 FILED

201 Sep-30 MA 08:23

U.S DISTRC COURT
N.D OF ALBM

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION

FREDRICK EARL HIGHT, SR. )

as Administrator of the Estate of )
Fredrick Earl Height, II )
)
Plaintiff )
)
v. ) CASE NO.
)
NICK SMITH, Walker County )
Sheriff, in his individual capacity )
and in his official capacity as )
Walker County Sheriff, and )
JOHN “JJ” JACKSON, Walker )
County Deputy sheriff, in his )
individual capacity and in his official )
capacity

COMPLAINT

Now comes Plaintiff, Fredrick Earl Hight, Sr., as the Administrator of the

Estate of Fredrick Hight, II, and through his attorneys states as follows:

Introduction

1. This cause of action arises out of Fredrick Earl Hight, II’s February 26, 2021,

death, occurring at approximately 7:00 p.m. at 3095 Coon Creek Road in

Empire, Alabama.

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2. This cause of action arises out of Fredrick Earl Hight, II’s February 26, 2021

death, occurring at approximately 7:00 p.m. at 3095 Coon Creek Road in

Empire, Alabama.

3. This cause of action is for money damages brought pursuant to 42 U.S.C. §1983

to redress the deprivation under color of law of Fredrick Hight, II’s clearly

established rights as secured by the Fourth and Fourteenth Amendments to the

United States Constitution against (1) Defendant John Jackson (“Jackson”), on

information and belief, a duly-certified law enforcement officer employed by

Nick Smith, Walker County Sherriff, for his violations of Mr. Hight’s right to

be free from the use of excessive/lethal force and free from unlawful seizure,

and (2) Nick Smith (“Smith”), Walker County Sheriff, for his unconstitutional

policies, customs, and/or practices under Monell and its progeny.

Jurisdiction and Venue

4. The Court has jurisdiction over this matter pursuant to 42 U.S.C. §1983 which

provides a cause of action for anyone whose constitutional rights are violated by

one acting under color of state law. This Court has jurisdiction over federal

questions pursuant to 28 U.S.C §1331 (federal question), and 1988. This Court has

supplemental federal jurisdiction pursuant to 28 U.S.C. §1367(a) over claims

asserted under Alabama law.

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5. Venue is proper in this Court under 28 U.S.C. §1391(b) because all incidents,

events, and occurrences giving rise to this action occurred in the Northern District

of Alabama, Jasper Division. Moreover, upon information and belief, all of the

parties reside in Walker County, Alabama.

The Parties

6. At all times relevant hereto and until the time of his death on February 26, 2021,

Plaintiff’s son and decedent, Fredrick Hight, II (“Hight Jr.”), was a citizen of

the United States and the city of Empire, County of Walker, State of Alabama.

7. Plaintiff, Fredrick Hight (“Hight Sr.”), resides in Walker County, Alabama, and

on March 5, 2021 was appointed as Administrator of the Estate of Fredrick Earl

Hight, II. A true and correct copy of the Order appointing Fredrick Hight as

Administrator is attached hereto as Exhibit A. He is suing in that capacity on

behalf of Hight, II’s estate.

8. Defendant, Nick Smith (“Smith”) is and was at all times material hereto Walker

County Sheriff, providing the vehicle through which Walker County fulfills its

policing functions. Smith is the policymaker for the Walker County Sheriff’s

Office.

9. Defendant John Jackson, also known as Johnnie “JJ” Jackson, (“Jackson”) is and

was at all times material hereto a citizen of the United States, and of Walker

County, Alabama.
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10. Jackson was at all times material hereto employed by Smith as a duly appointed

and sworn sheriff’s deputy, and was acting in his individual capacity and/or

under color of state law, and within the scope of his employment.

Factual Allegations

11. At approximately 6:47 p.m., on February 28, 2021, Hight Sr. called the Walker

County, Alabama 911 emergency services to obtain mental health assistance for

his son, Hight Jr., who was having a mental health issue, pacing, and talking to

himself.

12. During the call, Hight Sr. explained to the 911 operator that his was a mental

health-related call for help and pleaded with the operator to send an ambulance

in order to get his son medical assistance for his mental illness. Hight told the

911 operator that he was leaving the house.

13. At approximately 7:00 p.m., Jackson arrived alone at the residence shared by

Hight Jr. and Hight Sr., a trailer home located at 3095 Coon Creek Road in

Empire, Alabama.

14. At the time of Jackson’s arrival, Hight Sr. was outside of the home and the only

person inside the home was Hight Jr. Hight was therefore not a danger to

anyone at the time Jackson arrived.

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15. Hight Sr. was waiting outside the trailer in his car until Jackson arrived. Hight’s

sister, Elizabeth Dotty, was also waiting in her car. When Jackson arrived he

ordered Hight Sr. and Dotty to go inside the trailer with him.

16. Jackson lacked probable cause to enter the home or to seize him, because Hight

Jr. had not committed any crime, had not been reported to have committed any

crime, and was not a danger to himself or to the community. This was simply a

mental health crisis call that lasts a matter of mere minutes.

17. As Jackson walked towards the front door of the home, Hight Sr. told him,

“You cannot go into the house by yourself”.

18. Jackson forcibly entered the home shared by Hight Jr. and Hight Sr. and

attempted to seize Hight Jr. without waiting for backup of other deputies or

assistance from personnel trained in dealing with persons with mental health

issues.

19. Jackson had no knowledge of any information to reasonably believe that Mr.

Hight was armed, violent, or potentially dangerous.

20. At the time of Jackson’s entry into the house, Hight Jr. was wearing a bathrobe

and was barefoot.

21. Hight Jr. was approximately six feet one to six feet two inches tall and had a

slender build, weighing approximately 170 lbs.

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22. Jackson was much bigger and heavier than Hight Jr., and weighed 230 lbs. or

more.

23. Jackson drew his pistol and ordered loudly Hight Jr. to get on the ground.

24. Hight Jr. complied with Jackson’s orders and lay on the floor of the home’s

kitchen.

25. Hight Jr. was unarmed and did not physically or verbally threaten Defendant

Jackson, nor did he attempt to flee.

26. Jackson attempted to place handcuffs on Hight Jr. with his right hand while

holding his pistol in the left hand.

27. The detention and arrest of Hight Jr. was not based on reasonable suspicion or

probable cause, as Hight Jr. had committed no crime and was lawfully present

in his own home.

28. Hight Jr. did not physically resist arrest and lay on the kitchen floor as ordered

by Jackson.

29. While laying on the floor, Hight Jr. asked, “What does this have to do with?”

three times.

30. Defendant Jackson did not advise Hight Jr. of the reason for his arrest and

escalated the situation by yelling “I’ll fuck you up, I’ll fuck you up, son.”

31. Hight Jr. pleaded with his father, Hight Sr., to intervene and to “say something”.
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32. Defendant Jackson continued attempt to place handcuffs on Hight Jr. using only

one hand because his other hand was still holding his gun.

33. Hight Jr. did not threaten Jackson verbally and did not act in a threatening

manner as Jackson held Hight Jr. down with his right hand and waved his gun

in the air with his left hand.

34. Defendant Jackson pressed the gun it into the body of Hight Jr. and said “I’m

going to shoot you, I’m going to shoot you.”

35. With his right hand, Defendant Jackson pushed Hight Jr., who was kneeling,

towards the ground, pressed his gun towards Hight Jr., and shot him in the chest

when Hight Jr. posed no immediate threat of serious bodily injury or death to

Jackson.

36. Hight Jr. groaned in pain and died as a result of the one gunshot fired by

Defendant Jackson almost directly centerline in the sternum.

37. In the 911 call, Hight Sr. told the dispatcher that Hight Jr. was schizophrenic

and specifically that there was a family history of mental illness.

38. Hight Jr. had a long history of mental illness and had been hospitalized several

times as related to his mental impairments.

39. Jackson was not trained properly on how to deal with a mental health crisis

call. Furthermore, Jackson ignored all signs of mental illness.

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40. During police encounters, individuals with mental health issues experience

excessive and lethal force at a disproportionate rate compared to the general

population.

41. As a result of this alarming trend, local governments have been put on notice

that many citizens struggle with mental health issues, and numerous local

governments have recognized the need to provide better trainings and methods

of de-escalating encounters between police and citizens with mental health

conditions and impairments.

42. Hight’s behavior as being symptomatic and/or indicative of mental illness

would have been obvious even to laypersons.

43. Alabama Code Section 1975 22-52-91 states that “when a law enforcement

officer is confronted by circumstances and has reasonable cause for believing

that a person within the county is mentally ill and also believes that the person

is likely to be of immediate danger to self or others, the law enforcement officer

shall contact a community mental health officer.”

44. It is not believed than in this instance, a community mental health officer was

contacted. Certainly, none appeared prior to Mr. Hight being killed.

45. Jackson’s actions were deliberately indifferent to their potential consequences.

The totality of the circumstances dictated that a reasonable officer in a similar

situation would employ alternative approaches, of which Jackson was, or

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should have been, aware and which would have prevented Hight’s unnecessary

death.

46. Sheriff Smith failed to implement mental health/crisis intervention training

despite the growing trend of mental health service calls in Walker County.

47.A Walker County Sheriff’s post on Facebook on Dec 13, 2020, noted that John

“JJ” Jackson had “the most arrests” in 2020.

48. A tenured law enforcement officer such as Deputy Jackson, should have

undergone more mental health training and shown more restraint in handling a

mental health crisis.

42 U.S.C. §1983 Fourth Amendment Violations against Jackson

49. Plaintiff incorporates and re-alleges all preceding paragraphs as though fully

pleaded herein.

50. The conduct by Defendant Jackson identified in this count and described in this

Complaint constituted excessive and deadly force in violation of the Fourth

Amendment of the United States Constitution, and clearly established law.

51. At all material times, Defendant Jackson was acting under the color of state law,

as agent of Nick Smith, Walker County Sheriff, and within the scope of his

employment and authority as a duly-certified law enforcement officer in Walker

County, State of Alabama.

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52. At all material times, Jackson had no reason to believe Hight Jr. was armed or

dangerous. At the time Jackson arrived, Hight Sr. and Hight’s sister were not

inside.

53. At all material times, Jackson did not have a reasonable fear of imminent bodily

harm when he shot Hight Jr., nor did he have a reasonable belief that any other

person was in danger of imminent bodily danger from Hight Jr.

54. Every reasonable officer would have known that arresting a person without

probable cause is a violation of the Fourth Amendment.

55. Every reasonable officer would have known that using deadly force against a

person who is not resisting arrest constitutes excessive force in violation of the

Fourth Amendment.

56. Jackson’s use of deadly force by shooting Hight Jr. in the chest was objectively

unreasonable and violated clearly established law.

57. No reasonably prudent law enforcement officer, faced with similar

circumstances, would have acted as Jackson acted.

58. Jackson’s unconstitutional and excessive acts of force against Hight Jr. were

done with reckless indifference and callous disregard of his constitutional

rights.

WHEREFORE, Plaintiff respectfully requests this Honorable Court: (1) to enter

judgment against Jackson; (2) to award Plaintiff an amount determined by the jury
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as punitive damages pursuant to Ala. Code 4-5-410 for the death of Hight Jr.,

and/or compensatory damages arising out of his death according to federal

common law remedy; (3) to award him attorneys’ fees, expert witness fees, court

costs, litigations costs, and interest as allowed by law; and (4) award him all other

relief as the Court deems proper.

42 U.S.C §1983 - Monell Liability

59. This cause of action is brought against Smith, in his individual and official

capacities, pursuant to 42 U.S.C. §1983, the Fourth and Fourteenth Amendments,

42 U.S.C §1988, and the Alabama Wrongful Death Act, Ala. Code §6-5-410.

Plaintiff hereby incorporates and re-alleges all the preceding paragraphs as though

fully pleaded herein.

60. Jackson acted with malice or reckless indifference to Hight Jr.’s constitutional

rights in using excessive force against Hight Jr. on February 26, 2021.

61. Jackson’s use of excessive force was caused, in part, by the unconstitutional and

deliberately indifferent customs and practices of Smith, Walker County Sheriff, as

set forth above. These §1983 claims against Smith are not brought pursuant to the

doctrine of respondeat superior, but pursuant to Monell v. Dep’t of Soc Servs., 436

U.S. 658 (1978) and its progeny, because Smith’s policies, customs, and practices

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constituted a deliberate indifference to Hight Jr.’s constitutional rights that was the

moving force behind Jackson’s unconstitutional and excessive use of deadly force.

62. Smith subjectively knew that his customs and practices in (1) failing to train

officers on the use of force, including situations concerning mentally ill persons,

(2) in failing to discipline and/or educate deputies’ use of unconstitutional and

excessive force, especially in situations dealing with mentally ill persons, would

cause more instances of excessive force, serious injury, harm, and/or death.

63. Smith was not only aware of facts from which these conclusions cold be drawn,

he subjectively drew such conclusions. He disregarded the risk to mentally ill

persons like Hight Jr. who encounter Walker County Sheriff’s deputies, and in

doing so he acted with more than gross negligence. Additionally, those customs

and practices also included teaching and/or allowing illegal and improper entrance

of the home, failing to call a community mental health officer, arresting without

probable cause, promoting a culture that rewards and celebrates arrests whether

proper or not, and all other things learned through discovery.

64. Smith’s findings that Jackson’s conduct was within Smith’s policy, constituted

a ratification of Jackson’s constitutional violations and makes Smith responsible

for Jackson’s constitutional violations under Monell v. Dept. of Social Services,

436 U.S. 658 (1978). Even after viewing the video of Jackson’s killing of Hight

Jr., Smith has insisted and remained steadfast that Jackson acted according to
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policy. Therefore, the only reasonable conclusion that can be drawn is that Smith

had an unconstitutional policy and custom of unconstitutional force.

65. Smith’s unconstitutional policies and customs were the driving force behind

Jackson’s unconstitutional and excessive force. As a direct and proximate result of

the combining and concurring unconstitutional conduct of Jackson and Smith,

Hight Jr. suffered a gunshot to the chest and died.

WHEREFORE, Plaintiff respectfully requests this Honorable Court: (1) to

enter judgment against Jackson; (2) to award Plaintiff an amount determined by the

jury as punitive damages pursuant to Ala. Code 4-5-410 for the death of Hight Jr.,

and/or compensatory damages arising out of his death according to federal

common law remedy; (3) to award him attorneys’ fees, expert witness fees, court

costs, litigation costs, and interest as allowed by law; and (4) award him all other

relief as the Court deems proper.

Alabama Law Negligence and Wantonness Against

Jackson and Negligence Claims Against Smith

66. The conduct described in all of the preceding paragraphs amounts to wrongful

act, omission or negligence causing death for purposes of the Alabama Wrongful

Death Act., Ala. Code §6-5-410 and Ala. Code §11-47-190. Plaintiff incorporates

by reference all factual allegations in the preceding paragraphs.

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67. Plaintiff asserts negligence and wantonness claims against Jackson, who

negligently and/or wantonly shot Hight Jr. in violation of (1) the standard of care

applicable to police officers, (2) Alabama state law, (3) specific, mandatory, and

non-discretionary duties prescribed by Smith for performing his work, and (4) the

Fourth and Fourteenth Amendments to the U.S. Constitution.

68. In so doing, Jackson acted with negligence, carelessness, or unskillfulness

and/or acted willfully, maliciously, in bad faith, recklessly, beyond his authority or

under a mistaken interpretation of the law.

69. Jackson was acting in the course and scope of his employment with Smith,

making Smith vicariously liable under the doctrine of respondeat superior and Ala.

Code §11-47-190 for his neglectful, careless, and unskillful use of force. Plaintiff

does not seek to hold Smith liable for wantonness. Plaintiff only seeks to hold

Smith liable for negligence (i.e. the negligence , carelessness, and unskillfulness of

its employees).

WHEREFORE, RPREMISES CONSIDERED, Plaintiff respectfully requests

this Honorable Court: (1) to enter judgment against Jackson and Smith for as a

direct and proximate result of these wrongful acts and omissions, Hight Jr.’s next

of kin have suffered pecuniary loss, including medical and funeral expenses, and

are entitled to punitive damages against defendants.

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JURY DEMAND

Plaintiff requests a trial by jury on all factual issues, including damages, and

asserts all allowable claims under federal and state law and seeks all allowable

damages and costs.

RESPECTFULLY SUBMITTED, this the _29th _ day of September, 2021.

/s/ Ryan J. Canon

RYAN J. CANON/CAN023
Counsel for Plaintiff

Morris Bart, Ltd.

63 S Royal St. Ste 902
Mobile, AL 36602
228-276-0312T
866-851-7331F
rcanon@morrisbart.com

/s/ Martin Weinberg

Attorney for Plaintiff
ASB 0817-a61w
PO Box 154 Shannon, AL. 35142
Phone 205-910-3722
Fax 205-413-8717
attorneyweinberg@bellsouth.net

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REQUEST FOR SERVICE BY CERTIFIED MAIL

Plaintiff requests the Clerk to immediately issue a summons for each of the

following defendants so they can be served by certified U.S. Mail pursuant to

F.R.C.P. 4(e)(1) and A.R.C.P 4(i)(2).

Nick Smith
c/o Walker County Sheriff’s Department
2001 2nd Avenue
Jasper, AL. 35501

John “JJ” Jackson

c/o Walker County Sheriff’s Department
2001 2nd Avenue
Jasper, AL. 35501