Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 1 of 33 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: __9:22-CV-81773 SHANNON THOMPSON, in her individual eapacity and as Personal Representative of the ESTATE of STANLEY DAVIS, III, deceased; and, STANLEY DAVIS, JR,, in his individual capacity, Plaintiffs, vs. CITY OF BOYNTON BEACH; and MARK SOHN, Police Officer, in his individual capacity; Defendants. COMPLAINT COMES NOW, Plaintiff SHANNON THOMPSON, individually and as Personal Representative of the Estate of STANLEY DAVIS, II, deceased; and, STANLEY DAVIS, JR._ in his individual eapacity; and, hereby files this Complaint hy and through the undersigned counsel against the above-named Defendants CITY OF BOYNTON BEACH; and, MARK SOHN, police officer, in his individual capacity, for causing the death of thirteen-year-old STANLEY DAVIS, III, on December 26, 2021, for which Plaintiffs now seck damages, and in support thereof alleges as follows: VENUE. JURISDICTION, AND PARTIES 1. This action is brought for wrongful death pursuant to Florida's Wrongful Death Statute § 768.21, and United States Constitution Amendments IV and XIV, 42 U.S.C. § 1983.Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 2 of 33 Plaintiffs have complied with all condition’s precedent set forth by the state of Florida pursuant to Florida Statute 768.28, 2. Defendant CITY OF BOYNTON BEACH (hereinafter “CITY”) owns and operates the Boynton Beach Police Department (hereinafter “BPD”) and is a Florida municipal corporation or political subdivision of the state of Florida, organized and existing under the laws of the state of Florida, and operating and conducting business in the City of Boynton Beach, in Palm Beach County, Florida. Defendant CITY employs BPD police officer Defendant MARK SOHN. 3. Defendant Officer MARK SOHN was a resident of Palm Beach County, Florida, at the time of the incident. 4, Decedent STANLEY DAVIS, IIT, was a resident of Palm Beach County, Florida, at the time of the subject incident. 5. Plaintiff SHANNON THOMPSON, is the natural mother and Personal Representative of the Estate of STANLEY DAVIS, III, and was a resident of Palm Beach County, Florida, at all times material to the subject incident and as of today’s date. 6. Plaintiff STANLEY DAVIS, JR., is the natural father of STANLEY DAVIS, III, deceased, and was a resident of Palm Beach County, Florida, at all times material to the subject incident and as of today’s date, 7. Allof the acts or omissions giving rise to this action occurred in Palm Beach County, Florida. 8 Venue is proper in Palm Beach County, Florida as the incident arises out of Palm Beach County, and Defendants operate businesses and/or a governmental agency andlor reside and/or work in Palm Beach County, Florida,Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 3 of 33 9. This is an action seeking damages in excess of seventy-five thousand dollars (575,000.00), exclusive of costs, interest, and attomey’s fees. FACTUAL ALLEGATIONS 10, Stanley Davis, III was a 13-year-old African American minor child who was unlawfully chased in a high-speed police pursuit by a BPD officer Defendant Mark Sohn on December 26, 2021. The manner in which Defendant Sohn maneuvered his vehicle in the high speed pursuit caused a fatal erash resulting in the minor child's death on December 26, 2021 IL. As discussed more fully infra, Defendant Mark Sohn has caused the death of three ‘African American citizens of the City of Boynton Beach by conducting unlawful high speed police chases, has been sued several times in the past for using excessive force against African Americans, has been disciplined at work for using racist language, and has a long and documented history of misconduct in the context of his employment with the City of Boynton Beach 12. Stanley Davis, III, deceased, excelled academically, played sports, and was recognized by his school and community as a good citizen and a person with honorable character. When Stanley was only four-years-old he was elected Valedictorian of his pre-school class, “Tiny Tots.” In elementary school he was on the honor roll and was nominated for student of the week for eight weeks in a row and was selected as student of the month, Stanley was kind and charismatic, and he received an award for citizenship and an honorable character award, Stanley began attending Congress Middle School where he was in 7" grade, continued to excel in academies, played football and baseball, and was on the drumline, He was even selected as a Most Valuable Player for athletics and was chosen as Homecoming King twice.Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 4 of 33. 13. On December 26, 2021, the day after Christmas, Stanley was riding his dirt bike and went to the gas station down the street from his house to fll up his gas tank. As Stanley began to drive home Defendant Mark Sohn conducted an unlawful high-speed pursuit of Stanley which caused him to crash and subsequently die. Defendant Sohn stated that he could not determine if Stanley Davis, II's bike was street legal and registered street worthy; and as such, he had no probable cause to turn around and engage in a stop and pursuit. 14, Prior to the subject incident, Stanley express his fear of Defendant Sohn because he had already killed two other African Americans, and had a history of physically abusing, brutalizing, and terrorizing the Black community in Boynton Beach, Florida. 15. As thirteen-year-old Stanley lay on the ground, blood pouring from his body, and his life slipping away, Defendant Mark Sohn did not even attempt to render any life-saving treatment, CPR, or check his pulse to see if he was alive. BPD Investigation Into the Incident Revealed that Defendant Sohn Violated Defendant City's Pursuit Policy, Traffic Stop Policy for Failure to Properly Communicate Radio Transmissions, Failed to Properly Operate Emergency Equipment Including Lights and Siren, Violated Department Rules and Regulations Rule 1.4 Conduct Unbecoming of an Officer; Vehicte Pursuits and Apprehension (IC 1650); Unsatisfactory Performance (IC 302, Rule 4.7); and Law Enforcement Oath of Office (IC 102) and His Employment was Terminated. Defendant City Failed to Properly Supervise Him During the Incident 16. Defendant Sohn clearly violated Defendant City of Boynton Beach police department's pursuit policy which states as follows: “A police chase is to be initiated only if the person fleeing has committed a forcible felony such as a murder, manslaughter, sexual battery, carjacking, home-invasion robbery, arson or kidnapping.” BPD conducted an internal investigation into the incident and concluded the Defendant Sohn violated the vehicular pursuit police; as such, Defendant City cannot justify Defendant Sohn’s unlawful high-speed pursuit ofCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 5 of 33. Stanley Davis, III, deceased, a 7th grader on a dirt bike, BPD conducted an internal investigation into the incident stated the following: ‘The Boynton Beach Police Department Vehicle Pursuit and Apprehension policy (1C1650) defines a pursuit as an active and continuing effort by an officer in an authorized emergency vehicle to apprehend the occupant of a moving vehicle who has increased their speed, taken other evasive action, or refused to stop in an attempt to avoid apprehension. Based upon these criteria, there is convincing evidence to show (Sohn) continuously attempted to apprehend (Stanley Davis, IID... should be noted that upon- immediate flight, Officer Sohn simultaneously activated both his lights and sirens. ‘The activation of a siren during a traffic stop is normally reserved to of lights alone is unsuccessful in gaining a driver's attention. This immediate use of a siren by an officer in these circumstances implies an understanding by Sohn that had no intention of stopping as they left the Chevron... Policy further requires an officer's decision to initiate a pursuit be based upon their belief that the immediate danger to the officer and public created by the pursuit is less than the immediate or potential danger to the public should the suspect remain at large, Clearly, the risk posed by a traffic offender does not exceed the dangers associated with a high- speed vehicle pursuit on busy publie streets during daytime hours. Trained and experienced officers understand that in such circumstances pursuits involving off-road vehicles for misdemeanor offenses present an unacceptable risk to the public and are not permitted by policy. Policy requires that pursuits be conducted in a non-reckless manner with an emphasis on public safety, human rights and the property of others. Sohn drove against the flow of traffic on a major roadway and then through a red light at a multi-lane intersection before accelerating to speeds between 79 and 85 miles per hour in a 35 mile per hour zone, During part of the pursuit, Sohn chose to deactivate his siren on busy public streets, Officer Sohn demonstrated poor judgement when he decided to continue the pursuit in a ‘manner not consistent with public safety. In his stntement.to Internal Affairs, Sohn contended he never engaged in a vehicle pursuit. His explanations are without merit and not supported by the evidence in this case. ‘The investigative report stated that omitting all the details from his radio communication was improper and dishonest. Defendant Sohn was asked during the investigation if he is required to call out his, intentions of stopping a motorist, and he admitted that he was required to do so, Defendant clearly failed to call in his intention to stop a motorist. Defendant Sohn was asked why he did not call out the traffic stop as he was driving through the parking lot of ‘Ace Hardware; he clearly failed to call in a traffic stop, fleeing vehicle, and pursuit but failed to do so. Officer Sohn did not accurately broadcast the primary initial reason for the stop! altempted stop, which was proven by video from surveillance cameras in the immediate area, Officer Sohn omitted. the fact that Stanley Davis, IIL, was initially stationary priorCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 6 of 33, to fleeing from the gas pumps and then became reckless as a stop. In addition, Stanley Davis, II's traffic violation did not ju accordance with department policies. sult of an attempted traffic ify a pursuit in Boynton Beach Police Department poliey restricts vehicle pursuit to instances where an officer reasonably believes the person taking flight has committed a forcible felony. Officer Sohn's radio transmission indicated (decedent) was engaged in the reckless operation of his motorcycle, a misdemeanor offense. There was no evidence to suggest Sohn believed (decedent) committed a forcible felony. (Sohn admitted that decedent was not committing a forcible felony). Department policy mandates that when a sworn member initiates a vehicle pursuit, they shall immediately activate all emergency equipment, make radio contact with communications and advise of their call sign, exact location, direction of travel, vehicle description, suspect description and reason for the pursuit. While Sohn initially activated his emergency equipment, he silenced his siren just prior to his radio transmission of an alleged reckless driver. When Sohn contacted dispatch, he did not advise of his traffic stop attempt, (Sohn) failure to stop or the pursuit of the motoreycle. Each of these are actions that suggest Sohn attempted to conceal the existence of a vehicle pursuit from others. Policy directs officers to consider several safety factors while engaged in a vehicle pursuit to include the seriousness of the offense, safety of the public in the area of the pursuit, time of day, volume of traffic, location of pursuit, and speeds involved. It also requires officers engaged in a pursuit to keep supervisors, communication personnel and fellow officers appraised of these safety factors. Officer Sohn failed to transmit this information ‘The BPD investigation report concluded: Officer Sohn's actions were not permissible and reasonable; therefore, in accordance with the violation of BBPD Index Code 302 entitled Department Rules and Regulations Rule 1.4 Conduct Unbecoming of an Officer; this allegation is Sustained, In regards to the allegation that Officer Sohn possibly violated Boynton Beach Police Department (BBPD) Index Code 302 entitled Department Rules and Regulation, Rule 4.7 Unsatisfactory Performance: states members will maintain sufficient competency to properly perform their function, assume the responsibilities of their positions, and execute their duties in a manner consistent with departmental standards. These standards may be expressed in policy, demonstrated in training, and/or be established based on ‘what can be reasonably expected of an employee in a particular situation; this investigation has established the following facts: If the pursuing officer loses communication/ cannot communicate with dispatch or a supervisor, the officer will terminate the pursuit. The circumstances of this incident have brought a great deal of public scrutiny to the agency. By failing to abide by policy and concealing the existence ofa pursuit, Office Sobn's actions have brought discredit upon himself and the BoyntonCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 7 of 33 Beach Police Department, Officers are further expected to perform their duties in a ‘manner consistent with departmental standards and training. It is therefore reasonable to expect an officer to terminate a pursuit, disengage and resume normal vehicle operations when appropriate, Lastly, it is a fundamental duty of officers to serve the community and safeguard the lives of others, Officers must therefore refrain from engaging in unsafe practices that are prohibited by policy for the purposes of public safety. Based upon the totality of the circumstances in this case, there is sufficient evidence to prove Officer Sohn violated the charged Boynton Beach Police Departments policies concerning: 1 ‘Vehicle Pursuits and Apprehension (IC 1650) 2 Conduct Unbecoming an Officer (IC 302, Rule 1.4) 3 Unsatisfactory Performance (IC 302, Rule 4.7) 4. Law Enforcement Oath of Office (IC 102). A review of Officer Soho's disciplinary history revealed several prior relevant sustained violations of Department Policy and Procedures to include: + 2004 - Violation of the Vehicle Pursuit policy; issued a $7 .5-hour suspension. + 2004 - Violation of 1C302, Rule 27, Insubordination; issued a written reprimand, + 2010 Violation of the Vehicle Pursuit and Apprehension policy; issued a written reprimand, + 2013 - Violation of the Vehicle Pursu hour suspension. + 2015 - Violation of1C302, Rule 1.3 Compliance to Orders and Rule 2.5 Insubordination/Intentional Undermining; issued a 16-hour suspension. and Apprehension policy; issued a 11.5 ‘The primary purpose of diseipline is to change negative employee behavior. This case represents the third violation of the vehicle pursuit policy by Officer Sohn, Given the danger these events present to the public, police pursuit policies are intentionally restrictive and call for strict adherence. By repeatedly disobeying this policy, Officer Sohn unnecessarily placed the safety of the public and officers at risk. As past disciplinary action taken against Officer Sohn for similar violations of policy are serious and have not brought about compliance, I recommend that Officer Mark Sohn be TERMINATED and separated from employment with the Boynton Beach Police Department. 18, Defendant City’s BPD supervisors failed to adequately supervise Defendant Sohn during the high-speed chase and in light of his known history and did not instruct Defendant Sohn not to engage in pursuit, o stop the pursuit, did not request updates, monitor the progress, request his speed, or ask if he was in pursuit. Defendant Sohn stated during the investigative interview that the decision to engage in pursuit is left to the officer's discretion, policies, andCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 8 of 33, supervisors instructions on the radio. Defendant Sohn said he would not necessarily need to inform the supervisors that he was in pursuit or conducting a traffic stop to have a supervisor instruct him not to pursue. According to the investigative report; “he has had supervisors plenty of times over the years, advise if itis a reckless driver to break it offf disengage, seize your attempts, ask what your direction of travel is, speeds, what are the road conditions, ete ... Officer Sohn concluded by stating it all depends on who your supervisor is...”, Defendant Sohn then asked if he had radioed in that he observed Stanley Davis, III driving recklessly but no supervisor asked him any questions or told him to disengage as supervisors had done in the past. 19. Defendant Sohn had knowledge of the danger posed to chasing Stanley Davis, III. as he stated during his BPD investigation interview: "I do not know what his actions were; these dirt bikes always drive recklessly on the roadways, and in a reckless fast manner, so I cannot attest to what his mental capacity was at the time. During the BPD investigation interview he also stated that these dirt bikes always fast and recklessly on the roadways. Defendant ‘Sohn also stated that he had already witnessed Stanley Davis, III, driving recklessly and admitted that he was fleeing; thereby he acknowledged that by engaging in a high-speed pursuit he was knowingly endangering his life. Moreover, Defendant Sohn already caused two deaths by conducting unlawful high-speed pursuits, 20. Defendant Sohn’s actions were clearly unreasonable as Sergeant Whitefield, another officer that witnessed the incident made the decision not engage in a pursuit of decedent and stated during the Boynton Beach internal investigation interview that although he sees humerous bikes he docs not attempt to conduct traffic stops: "99% of the time they do not stop, and they end up just fleeing and due to the risk, it put me and the other operators on the roads I choose not to do it." Moreover, he observed Stanley Davis, III, on the dirt bike once he enteredCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 9 of 33 the Ace Hardware parking lot fleeing Defendant Sohn, but said he did not assist Defendant Sohn because he knows typically they are not going to stop, and the risk is not worth the stop.” Sergeant Whitefield reaffirmed officers and supervisors closeout the call for service conceming off-road vehicles because, “there is a 99% chance those off-road vehicles are going to flee. In addition, when they flee they cause unnecessary risk to the other motorist on the roadway.” Defendant Sohn’s decision to pursue a thirteen-year-old on a dirt bike created a zone of risk that caused Stanley Davis, III's death, Defendant Sohn never should have pursued him, and were clearly unreasonable when compared with Sergeant Whitefield’s decision not to engage ina pursuit Defendant City Failed to Properly Train, Supervise, and Implement Proper Policies and Procedures Under the Motorcycle Safety Initiative 21, Upon information and belief, at the time of the incident, Defendant Sohn was working on a Florida Department of Transportation grant for the Motoreyele Safety Initiative approved by the city and the police department commanders; for an initiative to stop and if a necessary arrest, detain and educate and inform any motorcyclist drivers and anyone who violates a motorcyclist, to make them aware of the laws in the state of Florida, Defendant Sohn stated the purpose was to enforce and educate, violations involving motoreycle-type vehicles. Officer Sohn stated this was an FDOT grant obtained by the chief of police, the city manager, and the city commission. During the BPD investigation into Defendant Sohn was asked if the grant mentions fleeing vehicles and he responded that he never received a copy of the grant; moreover, Defendant Sohn did not receive a copy of the policy, initiative, or any training. When Defendant Sohn was asked if he can advise his duties and responsibilities when working under the grant he stated that he was told by Retired Sergeant Philip Hawkins and Officer D, Castro,Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 10 of 33 that they wanted units assigned to the grant to produce anywhere between 3 to 4 contacts an hour, to educate, cite and even arrest, if necessary. 22. Defendant Sohn never should have been placed on the motoreyele ini he off road vehicles are at a greater risk of fleeing and pose a greater danger to the pub already killed two persons fleeing on prior circumstances and had a history of insubordin: and had violated the vehicular pursuit policy on numerous prior occasions, Moreover, Defendant City by and through BPD failed to promulgate proper policies, procedures, supervise, and/or train officers on the Motorcycle Safety Initiative, in particular establishing pursuit and apprehension policies and lawful use of police practices to avoid violating citizens constitutional rights under the Fourth and Fourteenth Amendments. Defendant Sohn Caused the Death of Two African Americans by Conducting Unlaveful Police Chases Prior to the Death of Stanley Davis, IIT 23. Prior to Stanley Davis, III's death, Defendant Mark Sohn had already caused the death of two other African Americans by conducting high-speed police chases. 24, Defendant Sohn and Defendant City have a history, a preexisting pattern and practice and/or custom and policy of conducting unlawful high-speed police chases resulting in death; ie., violating citizens constitutional right to be free of unlavefil search ands excessive force under the Fourth Amendment to the Constitution of the United States, 25. Defendant Sohn and Defendant City have a history, a preexisting pattern and practice and/or custom and policy of racially biased policing violating the Fourteenth Amendment of the Constitution of the United States. 26. The pattern and/or practice and/or custom and policy of the Fourth and Fourteenth Amendment constitutional violations was the moving force behind the constitutional violations of Stanley Davis, III, and actually and proximately caused his death. 10Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 11 of 33 27. In 2012 Defendant Sohn conducted an unlawful high speed police pursuit and caused the death of thirty-eight-year-old Cyrus Deal, an Aftican American. 28, The Boynton Beach Police Department conducted an investigation into the death of Cyrus Deal and sustained a finding that Defendant Sohn lied about pursuing Cyrus Deal, that he engaged in an unlawful high-speed pursuit, and that Defendant Sohn had no justifiable cause to pursue Cyrus Deal. In essence, the conclusion was a finding that he violated Cyrus Deal's constitutional rights. During the investigation when investigators asked Defendant Sohn what crimes Cyrus Deal committed that led to unlawful high-speed pursuit he said: “nothing really.” Defendant Sohn was suspended for killing Cyrus Deal. Defendant Sohn’s employment file reflected he chose to take his suspension day as @ “vacation” to enjoy his birthday, showing his, disregard for killing an African American male. Defendant Sohn’s sent an email regarding his suspension that stated: “I guess I will take July 5! as my suspension day so I can spend my birthday at home with my family." ‘The Boynton Beach Police Department allowed Officer Sohn to choose his suspension day and use it like a vacation. 29. Defendant City of Boynton Beach failed to terminate Defendant Sohn’s employment after he killed Cyrus Deal, despite knowing that he posed a danger of causing death to innocent citizens by conducting unlawful high-speed pursuits and violated their constitutional rights and showed a disregard for killing a Black male. Defendant City of Boynton Beach rewarded and ratified and condoned his misconduct by allowing him to use his suspension as a vacation day and by failing to terminate his employment. 30. In 2016 Defendant Sohn conducted an unlawful high speed police pursuit that caused the death of five-year-old JR, an African American. Upon information and belief, Defendant City did not conduct an investigation into the death of five-year-old J.R.. However, uCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 12 of 33 -R.’s parents have initiated a civil lawsuit against Defendant City and Defendant Sohn for unlawfully causing the death of their son, Upon information and belief, Defendant City did not ne or fire Defendant Sohn for causing the death of five-year-old J.R., once again ratifying his misconduet, Defendant Sohn was Never Qualified to be a Police Officer 31. Defendant Sohn was unqualified to become a law enforcement officer for the Boynton Beach Police Department from when he was hired in 2002. Defendant Sohn’s training te file reveals that by 2003 while ing his supervisors informed him that his performance as a probationary officer has not met the basic required standards to maintain his status as a full- time police officer, and he had two weeks to bring his deficiencies up to standards and become proactive in his policing. Defendant City owed a duty of reasonable care to Plaintiffs, and breached that duty by failing to properly hire, train, and supervise Defendant Sohn. Furthermore, TI, which he Defendant Sohn owed a duty of reasonable care to decedent Stanley Dav breached by failing to issue verbal commands, by creating an unreasonable zone of risk as aforementioned, by failing to use less lethal uses of forces, and by conducting an unlawful vehicular pursuit. Defendant City is vicariously liable for the actions and inactions of their deputies that actually and proximately caused the death of Stanley Davis, II. Defendant Sohn Has an Extensive History of Misconduct while Employed by Defendant City 32, Defendant Sohn’s employment file also revealed a slew of disciplinary actions for insubordination, six unlawful vehicular pursuits (three of which resulted in death), five car crashes, and an act of overt racism for referring to a street as: “Stone Haitian Drive.” 2Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 13 of 33 33. Defendant Sohn has used excessive force and beaten a restrained Black male, an act that was captured on camera, 34. Defendant Sohn has also been accused of the use of excessive force by Patrick McFadden, an Aftican American male, for releasing a dog on him causing severe and permanent injury, while he was in the act of surrender and posed no risk of harm to the officers. 35. There is a video of Defendant Sohn pulling his BPD supervisor Major Michael Johnson over for speeding in 2018, Major Johnson was driving 97 in a 65 and Defendant Sohn failed to give him a citation, The officers engaged in a verbal altercation on camera. Major Johnson then pulled Defendant Sohn over for a traffic violation in a display of unkawfl use of power and unprofessional misconduct not becoming an officer. The incident eame to the aitention of the Defendant City of Boynton Beach’s City Manager, and she failed to terminate the employment of either officer for their misconduct and misuse of power, and instead assisted ina coverup of unlawful policing 36. Defendant Sohn’s employment file reflects the following timeline of his miseonduet. 2002-Mark Sohn hired by Boynton Beach PD. Dii ed for neglect of duty. ‘August 16, 2002- neglect of duty for accidentally discharging his shotgun in police vehicle, July 16, 2002- Verbal counseling was issued for care of department issued equipment after he accidentally dropped his lap top computer. October 25, 2002- A verbal reprimand was issued for neglect of duty; for failing to respond to a back-up officer after advising he was enroute and arrived twenty-three minutes later. 2003- Several documented deficiencies and disciplinary issues. January 18, 2003- A verbal counseling was issued for violating Communication Regulations (Inappropriate Transmission Index Code 1100 # IV A) for using overtly BCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 14 of 33 racist language. Officer Sohn on main channel responded to police upon, that his current location was "STONE HAITIAN DRIVE." February 11, 2003- Officer Sohn was counseled in the presence of Lt. Briganti, Sgt Broberg and Sgt. Rodriguez, informing him that his performance as a probationary officer has not met the basic required standards to maintain his status as a full-time police officer. Officer Sohn was informed that he has two weeks to bring his deficiencies up to standards and become proactive in his policing, Officer Sohn stated that he understood and would make every effort to become proficient. January 20, 2004- Officer Sohn was suspended for 57.5 hours after he and two officers participated in an illegal pursuit. Police Chief Marshall Gaze stated the officers endangered other drivers when they ignored orders to stop pursuit of a stolen vehicle. ‘October 2004- Officer Sohn received a written reprimand for insubordination and an expletive filled rant when he was approached about missing a training, became so loud one sergeant left a briefing to assist several others that reported that: “Sohn was getting out of hand.” The report stated he was still angry about the week-long suspension he received for conducting chase in January 2004, Mareh 2007- Officer Sohn rear-ended Palm Beach County Sheriff's car when distracted. January 9, 2009- Officer Sohn violated code by having chargeable car crash. July 19, 2010- Officer Sohn had unsatisfactory performance with a vehicle pursuit and apprehension in violation of pursuit policy. September 29, 2010- Officer Sohn had an at fault car crash, May 4, 2011- Officer Sohn received wi en warning for unbecoming conduct. September 29, 2011- Officer Sohn got in trouble for una installed in his vehicle hor -d igh’ July 1, 2012- Caused Death of Cyrus Deal- 38 Year-Old Black Male. Officer Sohn conducted high speed police chase at 100 mph. He lied when first interviewed. His supervisor Sergeant Henry Diehl stated he believed he was lying and engaged in high- speed pursuit, Eventually Officer Sohn admitted to the high-speed pursuit. When asked during investigation what crimes Cyrus Deal committed leading to pursuit he said, “nothing really.” The police report stated the decision to pursue created more of a dangerous situation than if the suspect remained at large, and the high-speed pursuit, charge was sustained. Boynton Beach found a violation of pursuit policy and he was suspended for 11.5 hours. Officer Sohn sent an email stating, “I guess | will take July 5!" as my suspension day so I ean spend my birthday at home with my family.” 4Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 15 of 33 October 2014- Officer Sohn received a verbal reprimand after found to be disrespectful in an email to Maj. Suzanne Gitmo regarding K-9 partner and for not following chain of command. May 23, 2015- Officer Sohn was engaged in a traffic related crash with a police vehicle. June 4, 2014- Officer Sohn was suspended for a day for violating policy on vehicular pursuit. October 2015- Officer Sohn was suspended for insubordination and intentional undermining during open roll call he was using knife blade to dig into taser around others. He was told to put it away. He continued to take it out and refused to comply with orders. Officer Sohn was given a two-day suspension initially; however, Major ‘Thomas Wallace reviewed his file and recommended a 40-hour suspension without pay referring to 3 other incidents of insubordination. He was ultimately given two-day suspension and a 90-day improvement plan he had to follow to remain on the force. Officer Sohn served suspension in November 2015. February 13, 2016, death of 5-Year-Old Black Boy J.R.- Officer Sohn conducted high speed pursuit, the vehicle he was pursing struck J.R. and killed him, J.R. was walking to the part with his 2-year-old brother and grandparents. Officer Sohn conducted a high- speed chase down a narrow two-lane road in residential area with a nearby school. There is a pending wrongful death lawsui ‘September 2017- Officer Sohn pulled Patrick McFadden over in Broward County and as he was surrendering Officer Sohn ordered a dog to attack him and he suffered permanent injury. The incident was not investigated by the Internal Affairs Unit. October 2017- Officer Sohn crashed patrol vehicle while searching for robbery suspect December 26, 2021- Officer Sohn conducted an unlawfill high-speed pursuit of Stanley Davis. IIL causing his death, 37. The above timeline makes clear that Defendant Sohn frequently engaged in unlawful high-speed pursuits of African Americans in predominately African American communities resulting in death, and violating citizens Constitutional rights pursuant to the Fourth and Fourteenth Amendments, respectively. 38. Defendant City was on actual notice of the danger he posed to citizens generally, and Aftican American citizens specifically. In 2004 Police Chief Marshall Gaze stated that he, “endangered other drivers when they ignored orders to stop pursuit of a stolen vehicle,” and 18Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 16 of 33 suspended him for $7.5 hours. In 2010 Officer Sohn had unsatisfactory performance with a vehicle pursuit and apprehension in violation of pursuit policy but did not receive a suspension despite this being his second violation. In 2012, Defendant Sohn conducted an unlawful high- speed pursuit that caused the death of Cyrus Deal; and the investigation report stated the decision {to pursue created more of a dangerous situation than if the suspect remained at large and the high-speed pursuit charge was sustained. Defendant Sohn was only suspended for 11.5 hours for conducting an unlawful pursuit that caused death, versus his prior 57.5 hour suspension for unlawful pursuit that did not result in death. In 2014 he engaged in a fourth documented pursuit and was suspended for one day or only 8 hours. In essence, Defendant Sohn’s punishment for conducting high speed pursuits lessened each time he conducted one instead of escalating to harsher disciplinary measures. In 2016 Officer Sohn conducted a high-speed police chase that caused the death of 5-year-old J.R., and he was not dis ined, suspended, or terminated, In 2021 Defendant Sohn conducted a high-speed police chase that caused the death of 13-year-old Stanley Davis, II, he has not been disciplined, suspended, or terminated. 39, Defendant Sohn had not been properly trained in the use of force, de-escalation techniques, non-lethal uses of force, non-racially biased policing, the application of the Equal Protection Clause, and how to conduct a lawful vehicular pursuit and/or the policy regarding vehicular pursuits, Defendant Sohn was not properly supervised nor disciplined by the Boynton Beach Police Department or Defendant City. Defendant City Has A Pattern and Practice and/or Custom and Policy of Violating Citizens Fourth and Fourteenth Amendment Constitutional Rights 40. Defendant City police officers have a pattern and practice and/or custom and policy of conducting high-speed police chases and the use of excessive force, of denying African ‘American citizens equal protection under the law, of unlawful search and seizure, and of denying 16Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 17 of 33 due process of law. Defendant City’s police officers’ prior and subsequent uses of excessive force against other citizens, unlawful vehicular pursuits, unlawful search and seizure, racially biased behavior, and violent propensity, placed Defendant City on notice of its officers propensity to violate the constitutional rights of citizens. Defendant City’s officers have a history of abusing their authority to use excessive force against citizens, racism, unlawful search and seizure, and conducting unlawful vehicular pursuits in Palm Beach County depriving. ’s pattern citizens of theit lives, and Defendant City has a history of condoning it. Defendant Ci and practice and/or custom and policy of the use of excessive force, unlawful vehicular pursuit, unlawful search and seizure, and racial discrimination were the moving forces behind the constitutional violations of Stanley Davis, III, that caused his untimely death 41, In 2017 a Boynton Beach police officer named Mike Brown was found guilty of criminal charges for using excessive force on an unarmed Black man Jeffrey Braswell who was a passenger in a high-speed police chase in 2014. Initially, two current and two former Boynton Beach police officers were arrested for their involvement in the incident: Philip Antico, Michael Brown, Ronald Ryan, and Justin Harris, There was a federal investigation into the incident as well. The incident was captured on Palm Beach County Sheriff's Office helicopter footage. A passenger who was in the vehicle named Ashley Hill also filed a lawsuit against Defendant City alleging that her Fourth and Fourteenth Amendment rights were violated after she was beaten when she got out of the vehicle with her hands raised. 42. In 2011, three Defendant City police officers were arrested over a three-day period, Officer Alex Lindsey lied on a police report about how he recovered evidence. In 2011, two other officers Michael Mulcahy and Michael Arco were arrested for lying on a police report. uvCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 18 of 33 43, On September 4, 2017, Defendant Sohn commanded his dog to attack a Black male named Patrick McFadden who had surrendered, was fully compliant, and posed no threat to the officers. Patrick McFadden sued Defendant City and Defendant Sohn for battery and and for excessive force in violation of Plaintiff's constitutional rights. 44. On May 1, 2018, Mark Sohn violated the civil rights of Joseph Smith when he lied about his canine’s actions to justify a search of his vehicle and then planted drugs in the car ‘The incident is the subject of a civil lawsuit filed against Defendant Sohn and Defendant City for violations of his constitutional rights including unlawful search and seizure, falsification of evidence, and malicious prosecution. Damages 45. Defendants’ individual and collective actions and omissions actually and proximately caused the death of Stanley Davis, III. Plaintiff SHANNON THOMPSON, individually and as Personal Representative of the Estate of STANLEY DAVIS, III, deceased; and, STANLEY DAVIS, JR., in his individual capacity, are entitled to damages pursuant to Florida’s Wrongful Death Act and the Constitution of the United States of America, for the value of decedent’s life and the value of his loss, and their own loss of consortium, including but not limited to the following: (8) Award compensatory damages to Plaintiffs; (6) Award costs of this action to Plaintiff's; (©) Award reasonable attomeys’ fees and costs to Plaintiffs on Federal 1983, Counts pursuant to 42 U.S.C. $1988; (4) Loss of past and future support and services with interest; (©) Loss of earnings and net accumulations to the Estate of Stanley Davis, III; 18Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 19 of 33. () Any and all medical and/or funeral expenses incurred due to the wrongful death of the Decedent; (2) Loss to Plaintiffs of familial relationship with decedent, companionship, comfort, support, society, care and sustenance of decedent, and the mental pain and suffering from the past date of injury through the future, compensation for medical bills as a result of psychological and physical injury, as a result of Stanley Davis, III's death; (b) Any and all other and further relief as this Court may deem appropriate. COUNTI VIOLATION OF UNITED STATES CONSTITUTION, AMENDMENTS IV and XIV, 42 U.S.C. _§ 1983, FOR THE DEPRIVATION OF SUBSTANTIVE DUE PROCESS, DELIBERAATE INDIFFERENCE TO A SERIOUS MEDICAL NEED, AND VIOLATION OF EQUAL PROTECTION CLAUSE- DEFENDANT SOHN 46. Plaintiffs hereby incorporate paragraphs 1-45 as though fully set forth herein. 47. This is an action brought against Defendant Sohn pursuant to the United States Constitution Amendments IV and XIV, in violation of 42 U.S.C. § 1983, based upon a substantive due process violation, deliberate indifference to a serious medical need, and racial bias in policing. 48. Atall times material hereto, Defendant Sohn was an employee and/or agents of Defendant ity, and was acting within the course and scope of his employment with same, and acting under color of law, to wit, under color of the statutes, ordinances, regulations, policies, customs, and usages of Defendant City. 49. This Count is being brought against Defendant Sohn in his individual capacity pursuant to U.S.C. Amendments IV & XIV, 42 U.S.C. § 1983 and § 1988, 9Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 20 of 33 50. Defendant Sohn violated the substantive due process rights of Stanley Davis, II, when he conducted an unlawful high speed vehicular pursuit depriving him of bodily integrity, life, liberty, and substantive due process of law. Defendant Sohn's decision to conduct a unlawful vehicular pursuit of a thirteen-year-old on a dirt bike shocks the conscience; particularly in light of the fact he had already caused the death of two other Aftican Americans during vehicular pursuits. One of the motivating factors in Defendant Sohns’ violation of decedent Stanley Davis, III,’s substantive due process rights was his race; the fact that he was African-American, 51. The laws prohibiting violations of citizens’ rights to be free of violations of substantive due process of law, deliberate indifference to a serious medical need, and inequitable treatment based on race, were clearly established at the time of the incident in the United States Constitution via Amendments IV and XIV. 52. Defendant Sohn knew or should have known, and every reasonable officer in that position would have concluded, that violating Stanley Davis, III’s substantive due process rights and deliberate indifference to a setious medical need because he was an African-American was unjustifiable and unlawful, 53. On December 26, 2021, Defendant Sohn engaged in a high-speed vehicular pursuit of Stanley Davis, III, that caused his death, ‘The fact that Defendant Sohn engaged in chase of thirteen-year-old on a dirt bike, after he already killed two other African Americans the same way, and in violation of Defendant City’s pursuit policy shocks the conscience. Defendant Sohn engaged in the unlawful vehicular pursuit of a minor child to cause him harm as he had ther African American citizens in the past and he did not have a legitimate government interest in doing so. Moreover, his decision not to properly call in the traffic stop, not to properly use his 20Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 21 of 33. lights and siren, his attempt to conceal his wrongdoing to supervisors and during the investigation, his decision to conduct a pursuit knowing that it was high risk and would endanger his life, and his deci not to render any aide, attempt CPR, check his pulse, or rending life- saving measures further shocks the conscience and shows a deliberate indifference to a serious ‘medical need, and is evidence that Defendant Sohn did so in bad faith, with malicious purpose, and in a willful and wanton manner disregarding human rights and safety. Further evidence that Defendant Sohn acted in a willful and wanton manner disregarding human rights, safety and property and shocking the conscience, is the fact that he created the zone of risk, while decedent Stanley Davis, III, did not even pose any risk of harm to another person as he was driving away on his dirt bike. 54. Defendant Sohn has a pattern and practice of prior violations of substantive due process rights of other citizens, and racially biased behavior resulting in the violation of citizens” equal protection rights. 55. Asa direct and proximate result of said Defendant’s acts, omissions, and deprivation of Stanley Davis, II's substantive due process rights, deliberate indifference to a serious medical need, and racially biased policing, Defendant Sohn deprived Stanley Davis, II, of the rights guaranteed to him by the Fourth and Fourteenth Amendments of the United States Constitution, In particular, Stanley Davis, II], was deprived of substantive due process of law, the right to be treated equally without regard to race, bodily integrity, equal protection clause, and right to life. 56. Plaintiff SHANNON THOMPSON, individually and as Personal Representa of the Estate of STANLEY DAVIS, III, deceased; and, STANLEY DAVIS, JR., in his individual capacity, are entitled to damages pursuant to Florida's Wrongful Death Act and the aCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 22 of 33 Constitution of the United States of America, for the value of decedent's life and the value of his Joss, and their own loss of consortium, including but not limited to the following: (a) Award compensatory damages to Plaintiffs; (6) Award costs of this action to Plaintiffs; (©) Award reasonable attorneys’ fees and costs to Plaintiffs on Federal 1983 Counts pursuant to 42 U.S.C. $1988; (A) Loss of past and future support and services with interest; (©) Loss of earnings and net accumulations to the Estate of Stanley Davis, III; (f) Any and all medical and/or funeral expenses incurred due to the wrongful death of the Decedent; (g) Loss to Plaintiffs of familial relationship with decedent, companionship, comfort, support, society, care and sustenance of decedent, and the mental pain and suffering from the past date of injury through the future, compensation for medical bills as a result of psychological and physical injury, as a result of Stanley Davis, III's death; (h) Punitive damages; and, (Any and all other and further relief as this Court may deem appropriate. WHEREFORE, Plaintifi’s demand damages in an amount in excess of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), together with post judgment interest and costs. COUNT CUSTOM/POLICY AND/OR PATTERN AND PRACTICE OF VIOLATION OF UNITED STATES CONSTITUTION, AMENDMENTS IV & XIV, 42 U.S.C. § 1983, DEPRIVATION OF SUBSTANTIVE DUE PROCESS, VIOLATION OF EQUAL PROTECTION CL: DELIBERATE INDIFFERENCE, EI MEDICAL NEED 2Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 23 of 33 DEFENDANT CITY 57. Plaintiffs hereby incorporate paragraphs 1-45 as though fully set forth herein. 58. This is an action brought against Defendant City pursuant to the United States Constitution Amendments IV & XIV in violation of 42 U.S.C. § 1983 and § 1988. 59. Prior to December 26, 2021, Defendant City and the Boynton Beach Police Department developed and maintained customs and policies and/or a pattern and practice, exhibiting deliberate indifference to the constitutional rights of persons in the community, including systemic deprivation of Fourth and Fourteenth Amendment rights, which caused the violation of decedent Stanley Davis III's rights. The systemic deprivation of rights constituted a widespread pattern sufficient to notify Defendant City, and were obvious, flagrant, rampant, and not isolated occurrences. 60. Defendant City maintained a custom and policy and/or pattern and practice of the substantive due process rights violations denying citizens of life and bodily integrity, unequal treatment of African-Americans, deliberate indifference to serious medical needs, and of failing to adequately and properly train, retrain, supervise, discipline officers, and of failing to conduct and offic: fair and impartial investigations of complaints of police m a process rights violations, deliberate indifference to a serious medical need, and racially-biased policing patterns. 61. Defendant City had a history of substantive due process rights violations, deliberate indifference to serious medical needs, and unequal treatment of African-Americans, and Constitutional rights violations by their officers, and failed to discipline, correct the misconduct, or properly train and/or supervise officers; therefore, exhibiting deliberate indifference to the constitutional rights of persons in the community, specifically, decedent 23Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 24 of 33 Stanley Davis, Ill, whose constitutional rights were violated pursuant to the United States Constitution Amendments IV & XIV, and he was ultimately deprived of his right to life. 62. Defendant City was aware of problems its employees’ and Defendant Sohn’s actions, acting under the color of law, violation of citizens’ substantive due process rights and violations of their rights under equal protection, and as employer, failed to investigate and/or reprimand such behavior and failed to discharge said officers for their misconduct thereby ratifying said misconduct and resulting in a deliberate indifference to citizens® constitutional rights. 63. Defendant City maintained a policy and custom and/or pattern or practice of failing to properly train its officers, including but not limited to, how to properly assess levels of threat, how to conduct lawful vehicular pursuits, the use of de-escalation techniques, and the use of non-lethal force, on the equal treatment of African Americans, on substantive due process of law, equal protection of the laws, the Motorcycle Safety Initiative, and on deliberate indifference to a serious medical need. Defendant City’s failure to properly train its officers is tantamount (o a deliberate indifference to their constitutional rights. 64. Defendant City also maintained a policy and custom and/or pattem or practice of failing to conduct fair and impartial investigations into officer misconduct, substantive due process violations, mistreatment of African-American citizens, and deliberate indifference to a serious medical need resulting in a deliberate indifference to citizens’ constitutional rights, 65. The abovementioned acts of misconduct were ratified, perpetuated, tolerated and not reprimanded by Defendant City. Thus, Defendant City inadequately discouraged constitutional violations perpetrated by its officers. As a result of the policies and customs and/or patterns and practices Defendant City fostered an environment wherein officers believed 24Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 25 of 33 that their misconduct would not be subject to monitoring by supervisors, would not be subject to proper investigations, and would not lead to any sanction or discipline but would instead be tolerated by Defendant City 66. On December 26, 2021, Defendant Sohn engaged in a high-speed vehicular pursuit of Stanley Davis, Ill, that caused his death, ‘The fact that Defendant Sohn engaged in chase of thirteen-year-old on a dirt bike, after he already killed two other African Americans the same way, and in violation of Defendant City’s pursuit policy shocks the conscience. Defendant Sohn engaged in the unlawful vehicular pursuit ofa minor child to cause him harm as he had other African American citizens in the past and he did not have a legitimate government interest in doing so. Moreover, his decision not to render any aide, attempt CPR, check his pulse, or rending life-saving measures further shocks the conscience and shows a deliberate indifference toa serious medical need, and is evidence that Defendant Sohn did so in bad faith, with ‘malicious purpose, and in a willful and wanton manner disregarding human rights and safety Further eviclence that Defendant Sohn acted in a willful and wanton manner disregarding human rights, safety and property and shocking the conscience, is the fact that he created the zone of risk, while decedent Stanley Davis, Ill, did not even pose any risk of harm to another person as he was driving away on his dirt bike. Defendants City had evidence of its officers and Defendant Sohn’s custom and policy and/or pattern and practice of the violation of citizens’ constitutional rights under the Fourth and Fourteenth Amendments to the United States Constitution, inclu the violation of substantive due process rights including conducting unlawful vehicular pursuits, racially biased policing, failure to properly train and supervise officers, failure to conduct fair and impartial investigations, covering up officers’ misconduct, and failure to terminate the employment of officers that violated citizens constitutional rights. 25Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 26 of 33 67. Defendant Sohn was not properly trained in how to respond to situations without creating a zone of risk, lawful vehicular pursuits, lawful use of force, de-esealation techniques, non-lethal uses of force, non-racially biased policing, or the application of the Equal Protection Clause, substantive due process rights, or deliberate indifference to a serious medical need. Defendant Sohn was not properly supervised nor disciplined by Defendant City. Defendant City’s failure to properly train, discipline, supervise, and/or terminate Defendant Sohn’s employment ratified their misconduct, placed decedent Stanley Davis, II in danger, and continues to place the citizens of Palm Beach County in danger. 68. Defendant City deputies disproportionately violate the constitutional rights of African-Americans, Despite the alarming and disproportional rate at which unarmed Aftican- Americans are physically injured and killed due to violations of their constitutional rights, Defendant City took no corrective actions to reduce the unconstitutional policing tactics exhibiting a deliberate indifference to citizens’ constitutional rights, 69. Asclear from the evidence of individual incidents demonstrated above, Defendant City has a widespread pattern and practice and/or custom and poliey of unconstitutional conduct, including the substantive due process rights violations, unconstitutional racially-biased policing, practices against African-Americans, deliberate indifference to serious medical needs, failure to conduct fair and impartial investigations, failure to properly train and supervise officers, failure to discipline and/or terminate officers, thereby ratifying and perpetuating unconstitutional conduct and exhibiting deliberate indifference to the constitutional rights of the citizens of Palm Beach County and constituting the moving force behind the violation of Stanley Davis, III's constitutional rights pursuant to the Fourteenth Amendment of the United States Constitution 26Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 27 of 33 70. The above facts denote a deliberate indifference on the part of Defendant City and its policy makers and custom enforcers, to uphold the constitutional rights of citizens of Palm Beach County including decedent Stanley Davis, III; in particular citizens” substantive due process rights, to be treated equally without regard to race under the equal protection clause, and not to be denied medical care for serious medical needs. Defendant City’s deliberate indifference to decedent's constitutional rights actually and proximately caused the violations o Stanley Davis, III's constitutional rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution, Defendant 'y’s numerous failures, actions and inactions perpetrated and ratified unconstitutional policing as aforementioned, and were the moving force behind Defendant deputies Sohn's actions, actually and proximately caused the violation of decedent's clearly established and constitutionally guaranteed rights 71, Plaintiff SHANNON THOMPSON, individually and as Personal Representative of the Estate of STANLEY DAVIS, III, deceased; and, STANLEY DAVIS, JR., in his individual capacity, are entitled to damages pursuant to Florida’s Wrongful Death Act and the Constitution of the United States of America, for the value of decedent’s life and the value of his loss, and their own loss of consortium, including but not limited to the Following: (@) Award compensatory damages to Plaintiffs; (b) Award costs of this action to Plaintiffs: (©) Award reasonable attorneys’ fees and costs to Plaintiffs on Federal 1983, Counts pursuant to 42 U.S.C. §1988; (@ Loss of past and future support and services with interest; (©) Loss of earnings and net accumulations to the Estate of Stanley Davis, III; (© Any and all medical and/or funeral expenses incurred due to the wrongful aCase 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 28 of 33 death of the Decedent; (@) Loss to Plaintiffs of familial relationship with decedent, companionshij comfort, support, society, care and sustenance of decedent, and the mental pain and suffering from the past date of injury through the future, compensation for medical bills as a result of psychological and physical injury, as a result of Stanley Davis, III's death; (h) Punitive damages: and, (i) Any and all other and further relief as this Court may deem appropriate. WHEREFORE, Plaintiffs demand damages in an amount in excess of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), together with post judgment interest and costs COUNT II NEGLIGENCE- DEFENDANT CITY 72. Plaintiffs hereby incorporates paragraphs 1-45 as though fully set forth herein, 73. This is an action brought against Defendant City pursuant to the Florida Wrongful Death Act for negligence. 74. __Atall times material hereto, Defendant Sohn was an employee and/or agent of Defendant City, and acting within the course and scope of his employment with same, in furtherance of the interest of Defendant City, and with Defendant City's consent. 75. Assuch, Defendant City is liable for all of its employees and/or agents’ acts and omissions that gave rise to this action, including the actions and inactions of Defendant Sohn, and the Mayor and City Manager as final decision makers of Defendant City, 76. Defendant City by and through its employees and agents, owed a duty Stanley Davis, III, to act in a prudent and reasonable manner with regard to his health and safety. 28Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 29 of 33 Defendant City owed a ministerial duty to provide responsible and effective operations of its police department, Defendant City has a ministerial duty to establish proper policies, customs, and regulations of its police department, Defendant City owes a legal duty to supervise its police officers, discipline said police officers and retain only those fit for duty, and to properly train and retrain said officers 77. Upon information and belief and as cited supra, prior to the death of Stanley Davis, III, Defendant City had a custom or policy of failing to properly train, retrain, supervise, and discipline officers including Defendant Sohn on substantive due process rights, de-escalation techniques, use of non-lethal force, how to conduct a lawful vehicular pursuit, Motorcycle Safety Initiative, and the requirement to treat A frican-Americans equally to other citizens, despite having actual knowledge of the need to do so and based upon its pattern and practice of violating citizens constitutional rights. Defendants Sohn was not subjected to adequate discipline, oftentimes no discipline, or any additional training as a result of violating citizens” rights pursuant (o the fourth and fourteenth amendment, including their misconduct for the instant incident. The failures surmounted to violations of non-discretionary duties Defendant City owed to citizens of Palm Beach County including decedent, Stanley Davis, III. As such Defendant isterial duties owed to decedent. City breached duties including m 78. Defendant City’s failure to reprimand and intervene and/or take corrective action in its officers is evidence that Defendants ratified and promulgated misconduct, provides evidence of their breach of the duties owned to the citizens of Palm Beach County including decedent Stanley Davis, IL 79. Upon information and belief, Defendant City has not formally amended their training and/or policies and/or disciplinary measures and/or supervision techniques, to eradicate 29Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 30 of 33 similar instances of the unjustifiable violations of citizens constitutional rights, to train officers not to create and/or enhance a zone of risk, evidence of a further breach of duties owed to citizens of Palm Beach County, Florida, Said breach of duties resulted in Defendant Sohn. breaching the duty he owed by violating the substantive due process rights of African American Stanley Davis, IIl, and the deliberate indifference to his serious medical needs. Defendant Sohn owed a duty to decedent to be reasonable in his conduct as a law enforcement officers. Instead, he created a zone of risk and refusing to render any aide, 80. Defendants City knew or should have known of the dangers posed by failing to properly train, re-train and supervise its officers, ne ntly retaining its officers, and that said actions and inactions were likely to result in violations of citizens” rights, and as such were reasonably forseeable. 81. Defendant Sohn’s actions and omissions were unreasonable and breached the duties owed to decedent and Plaintiffs, and actually and proximately caused the death of Stanley Davis, IL. 82. Plaintiff SHANNON THOMPSON, individually and as Personal Representative of the Estate of STANLEY DAVIS, III, deceased: and, STANLEY DAVIS, JR., in his individual capacity, are entitled to damages pursuant to Florida's Wrongful Death Act and the Constitution of the United States of America, for the value of decedent's life and the value of his loss, and their own loss of consortium, including but not limited to the following: (@) Award compensatory damages to Plaintiffs; (b) Award costs of this action to Plaintiffs; (©) Award reasonable attorneys’ fees and costs to Plaintiffs on Federal 1983, Counts pursuant to 42 U.S.C. §1988; 30Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 31 of 33 @ © oO (g) (h) WHEREFORE, Plaintiffs demand damages in an amour Loss of past and future support and services with interest; Loss of earnings and net accumulations to the Estate of Stanley Davis, II]; Any and all medical and/or funeral expenses incurred due to the wrongful death of the Decedent; Loss to Plaintiffs of familial relationship with decedent, companionship, comfort, support, society, care and sustenance of decedent, and the mental pain and suffering from the past date of injury through the future, compensation for medical bills as a result of psychological and physical injury, as a result of Stanley Davis, IIl’s death; Any and all other and further relief as this Court may deem appropriate. in excess of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), together with post judgment interest and costs. PRAYER FOR RELIEF WHEREFORE, Plaintiff SHANNON THOMPSON, individually and as Personal Representative of the Estate of STANLEY DAVIS, III, deceased; and, STANLEY DAVIS, JR,, in his individual capacity, are entitled to damages pursuant to Florida’s Wrongful Death Act and the Constitution of the United States of America, for the value of decedent's life and the value of his loss, and their own loss of consortium, including but not limited to the following: (a) (b) © Award compensatory damages to Plaintiffs; Award costs of this action to Plaintiffs; ‘Award reasonable attomeys’ fees and costs to Plaintiffs on Federal 1983, ‘Counts pursuant to 42 U.S.C. §1988; 31Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 32 of 33 (d) (©) (0) ) (hy qi) Loss of past and future support and services with interest; Loss of earnings and net accumulations to the Estate of Stanley Davis, III; Any and all medical and/or funeral expenses incurred due to the wrongful death of the Decedent; Loss to Plaintiffs of familial relationship with decedent, companionship, comfort, support, society, care and sustenance of decedent, and the mental pain and suffering from the past date of injury through the future, compensation for medical bills as a result of psychological and physical injury, as a result of Stanley Davis, TI's death; Punitive damages under Count I and Count Il; and, Any and all other and further relief as this Court may deem appropriate. TRIAL BY JURY WHEREFORE, Plaintiff SHANNON THOMPSON, individually and as Personal Representative of the Estate of STANLEY DAVIS, III, deceased; and, STANLEY DAVI IR,, in his individual capacity, hereby demand a trial by jury on all issues so triable. DATED this 15" lay of November, 2022, Respectfully Submitted, {s/Jasmine Rand Jasmine Rand, Esquire FBN: 0077047 RAND LAW, L.L.C. 2525 Ponce de Leon Blvd., Ste. 300 Miami, Florida 33134 (305) 906-6400 Telephone (305) 503-9235 Facsimile Attorney for Plaintiffs /s(Benjamin Crump 32Case 9:22-cv-81773-DMM Document 1 Entered on FLSD Docket 11/15/2022 Page 33 of 33. 33 Benjamin Crump, Esquire FBN: 0072583 BEN CRUMP LAW, PLLC 122 South Calhoun Street Tallahassee, Florida 32301 (850) 224-2020 Telephone (850) 224-2021 Facsir ben@bencrump.com Attorney for Plaintiffs _/s/Sue-Ann Robinson __ Sue-Ann Robinson, Esquire FBN: 29463 Frontline Law 614 South Federal Hwy. Fort Lauderdale, Florida 33301 (954) 399-2746 Telephone sueann.robinson@gmail.com sueann@frontlinelfirm.com Attorney for Plaintiffs