North Fork lawsuit
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 1 of 12
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA MICHAEL BOLTON; JAMAR HENRY; KEVIN HICKS; and, JABAAR WALTON,
) ) ) Plaintiffs, ) ) vs. ) ) ) (1) WARDEN FRED FIGUEROA; (2) CAPTAIN ) M. GENTRY; (3) LT. SMITH; (4) ZACK ) TRISSELL; (5) C.O. MURRAY-SMITH; ) (6) CASE MANAGER R. FERGUSON; ) (7) LT. GILLER; (8) C.O. BLACK; (9) C.O. ) MARTIN; (10) C.O. THOMASEN; (11) C.O. ) BACON; (12) LT. WILLIAMS; (13) LT. R. ) CORTEZ; (14) LT. RADFORD; (15) C.O. ) C. COX; (16) C.O. WALLACE; (17) UNIT ) MANAGER COX; (18) CAPTAIN BOLES; ) (19) C.O. APPEL; (20) LT. K. BROWN; ) (21) TRAINING MANAGER MCNAIR; ) (22) SGT. PRYOR; (23) SGT. COLEMAN; ) (24) LT. ELFEHDL; (25) SGT. R. SPITZER; ) (26) INVESTIGATOR RESSLER; ) (27) TRAINING MANAGER H. BUTLER; ) (28) REC. COORD. T. THOMASY; ) (29) ASST. WARDEN. BLACKSHIRE; ) (30) C.O. M. KING; (31) C.O. V. FOX; (32) C.O. ) G. TANAJUARE; (33) C.O. C. DUSEK; (34) C.O. ) HALTOM; (35) C.C. T. JENKINS; (36) C.O. ) GILLARD; (37) C.O. ROZELL; (38) UNIT ) MANAGER J. WEIR; (39) C.M. D. POWERS; ) (40) UNIT MANAGER R. ROCKER; (41) ASST. ) WARDEN PEREZ; (42) CASE MANAGER D. ) BRITTON; (43) C.O. P. PORCHER; (44) LT. ) AJOTEZS; (45) C.O. CASTRO; (46) C.O. S. ) FULSOM; (47) C.O. KNISLEY; AND, (48) ) CORRECTIONS CORPORATION OF AMERICA, ) ) Defendants. )
Case No. CIV-13-1081-D
Jury Trial Demanded
Attorney’s Lien Claimed
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 2 of 12
COMPLAINT Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton for their causes of action against Defendants Warden Fred Figueroa, Captain M. Gentry, Lt. Smith, Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, C.O. Knisley, and Corrections Corporation of America alleges and states as follows: JURISDICTION AND VENUE 1.
Jurisdiction of this Court is founded upon the existence of a federal
question under the Eighth Amendment to the United States Constitution. 2.
Venue in this district is proper pursuant to 28 U.S.C. § 1391. PARTIES
3.
At all times material herein, Plaintiffs Michael Bolton, Jamar Henry,
Kevin Hicks, and Jabaar Walton were citizens of the United States of America incarcerated in North Fork Correctional Facility in Sayre, Oklahoma. However,
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 3 of 12
Plaintiffs are residents of the State of California. 4.
At all times material herein, Defendant Warden Fred Figueroa was a
citizen of the United States of America and resident of Beckham County, State of Oklahoma. 5.
At all times material herein, Defendant Fred Figueroa was acting in
his capacity as an agent, servant, and employee of Defendant Corrections Corporation of America, and was acting under the direction and control of Defendant Corrections Corporation of America, and was acting pursuant to either official policy or the custom, practice, and usage of the Defendant Corrections Corporation of America. 6.
At all times material herein, Defendant Warden Fred Figueroa was
employed by Defendant Corrections Corporation of America and was acting under color of law. 7.
Defendant Warden Fred Figueroa is responsible for the official policy
and procedures, the customs, practices, and usages; and, the hiring and training of staff of the North Fork Correctional Facility. 8.
Defendant Warden Fred Figueroa is sued in his individual and official
capacities. 9.
At all times material herein, Defendants Captain M. Gentry, Lt. Smith,
Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, 3
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 4 of 12
C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, and C.O. Knisley (“individual defendants”) were citizens of the United States of America and residents of Beckham County, State of Oklahoma. 10.
At all times material herein, Defendants Captain M. Gentry, Lt. Smith,
Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, and C.O. Knisley were acting in their capacity as an agent, servant, and employee of Defendant Corrections Corporation of America, and were acting 4
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 5 of 12
under the direction and control of Defendant Corrections Corporation of America, and were acting pursuant to either official policy or the custom, practice, and usage of the Defendant Corrections Corporation of America. 11.
At all times material herein, Defendants Captain M. Gentry, Lt. Smith,
Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, and C.O. Knisley were employed by Defendant Corrections Corporation of America and were acting under color of law. 12.
Defendants Captain M. Gentry, Lt. Smith, Zach Trissell, C.O.
Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. 5
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 6 of 12
Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, and C.O. Knisley are sued in their individual capacity. 13.
Defendant Corrections Corporation of America is a private company
that operates the North Fork Correctional Facility in Sayre, Oklahoma. Defendant acted through its agents, servants, and employees, who are or were the policymakers for Defendant and the conduct of the individuals employed by said Defendant and through the “individual Defendants.” GENERAL FACTUAL ALLEGATIONS 14.
On October 11, 2011, Plaintiffs were inmates at the North Fork
Correctional Facility. 15.
At around 11:37 a.m., a one-on-one fight occurred in the main dining
hall. This fight was stopped by staff at North Fork by use of chemical agents 16.
Thereafter, fighting spread to the West Yard, Gym A, Bravo North, the
expansion dining hall, and the Hotel Alpha housing unit with Hispanics associated with
the
Serenos
prison
gang
systematically
attacking
and
beating
African-American inmates, including Plaintiffs. These attacks lasted over seven (7) hours before staff, including Defendant Warden Fred Figueroa and “individual defendants” were able to stop the attacks, with the assistance of Special 6
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 7 of 12
Operations Response Teams from the Davis and Cushing CCA Facilities, CCA staff who were participating in a training exercise at the Oklahoma National Guard’s training site, Elk City Police Department, Sayre Police Department, Beckham County Sheriff’s Office, and the Oklahoma Highway Patrol. 17.
These attacks left Plaintiffs with severe and permanent physical and
mental injuries. 18.
North Fork Correctional Facility was grossly understaffed by
Defendant Corrections Corporation of America and Defendant Warden Fred Figueroa. 19.
Plaintiffs were left unguarded and unprotected by Defendants,
because North Fork was understaffed and “individual defendants” were not properly trained. In fact, because Defendants were unable to intervene in a timely manner, Plaintiffs were left to try and defend themselves for extensive periods of time. 20.
Because North Fork was understaffed, “individual defendants” were
unable to respond to the attacks in a timely manner. Often, they merely watched the attacks from outside the area until the attacks stopped on their own or “individual defendants” were able to gather enough man power to try and intervene. 21.
Defendants Warden Fred Figeuroa and Corrections Corporation of
America were aware that by concentrating a large number of Hispanics associated 7
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 8 of 12
with the Serenos prison gang at North Fork they were putting Plaintiffs, African-American inmates, at a significant risk of harm. 22.
In spite of their knowledge, Defendants failed to take proper actions to
protect Plaintiffs from these attacks. FIRST CAUSE OF ACTION Violation of Plaintiffs Constitutional Rights 23.
Plaintiffs reassert and incorporate by reference all of the allegations
set out above. 24.
Defendants Warden Fred Figueroa, Captain M. Gentry, Lt. Smith,
Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, C.O. Knisley, and Corrections Corporation of America violated Plaintiffs’ Eighth Amendment rights by failing to protect them from the inmate attacks of September 11, 2011. 8
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 9 of 12
25.
Based on the long history of violence between the Serenos prison
gang and African-American inmates, Defendants were aware of and disregarded a significant threat to Plaintiffs’ safety. 26.
Further, “individual defendants” observed the attacks, but failed to
intervene in a timely manner to protect Plaintiffs’ from suffering severe and permanent physical and mental injuries. Plaintiffs were left to attempt to protect themselves for significant periods of time. 27.
The conduct of Defendants resulted in Plaintiffs Michael Bolton,
Jamar Henry, Kevin Hicks, and Jabaar Walton being maliciously and violently attacked, which caused significant injuries, and as such Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton were subjected to a cruel and unusual punishment, in violation of the Eighth Amendment to the United States Constitution. SECOND CAUSE OF ACTION Violation of Plaintiffs’ Constitutional Rights by Corrections Corporation of America 28.
Plaintiff reasserts and incorporates by reference all of the allegations
set out above. 29.
Defendant Corrections Corporation of America failed to properly staff
North Fork. North Fork was so grossly understaffed that when these attacks began they had to call in assistance from Special Operations Response Teams
9
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 10 of 12
from the Davis and Cushing CCA Facilities, CCA staff who were participating in a training exercise at the Oklahoma National Guard’s training site, Elk City Police Department, Sayre Police Department, Beckham County Sheriff’s Office, and the Oklahoma Highway Patrol to stop the attacks on Plaintiffs. 30.
Defendant Corrections Corporation of America failed to properly train
its employees regarding the prevention of inmate attacks or how to protect inmates once an attack started. 31.
As a result of Defendant Corrections Corporation of America’s
unconstitutional policies, procedures, and/or customs, its failure to properly staff the North Fork Correctional Facility, and its failure to properly train its employees, Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton suffered significant and permanent injuries when they were attacked on October 11, 2011. 32.
Defendant Corrections Corporation of America’s policies, procedures,
customs, failure to properly staff the North Fork Correctional Facility, and/or failure to train its employees caused Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton’s Constitutional rights under the Eighth Amendment to be violated. THIRD CAUSE OF ACTION Violation of Plaintiff’s Constitutional Rights by Defendant Warden Fred Figueroa 33.
Plaintiff reasserts and incorporates by reference all of the allegations
10
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 11 of 12
set out above. 34.
Defendant Warden Fred Figueroa implemented, adopted, or allowed
to continue in operation official policies, procedures, and/or customs of failing to protect inmates after and during attacks by other inmates. 35.
Defendant Warden Fred Figueroa failed to properly staff North Fork,
which led to “individual defendants” being unable to protect Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton. 36.
Defendant Warden Fred Figueroa failed to properly train his
employees regarding how to protect inmates from attacks by other inmates and/or how to properly intervene and protect inmates once an attack has begun. 37.
As a result of Defendant Warden Fred Figueroa’s unconstitutional
policies, procedures, and/or customs, his failure to properly staff North Fork, and failure to properly train its employees, Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton suffered significant and permanent injuries when they were attacked on September 11, 2011. 38.
Defendant Warden Fred Figueroa’s policies, procedures, customs,
failure to properly staff North Fork, and/or failure to train its employees caused Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton’s Constitutional rights under the Eighth Amendment to be violated.
11
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 12 of 12
FOURTH CAUSE OF ACTION Punitive Damages 39.
Plaintiff reasserts and incorporates by reference all of the allegations
set out above. 40.
Defendants actions were willful, wanton, intentional, and with reckless
disregard for the rights of the Plaintiffs. 41.
As a result of Defendants’ willful, wanton, and intentional actions
Plaintiffs are entitled to recover punitive damages against Defendants. WHEREFORE, Plaintiffs demand judgment against the defendants, and each of them, in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00) as to each cause of action, attorney’s fees, costs, statutory interest until the date judgment is paid, punitive damages, and for such other and further relief as the Court deems appropriate and just. Respectfully submitted,
s/ Eric D. Cotton Eric D. Cotton, OBA #20658 THE COTTON LAW FIRM, P.L.L.C. 2537 S. Kelly Ave., Suite C Edmond, Oklahoma 73013 Telephone: (405) 285-0816 Facsimile: (405) 285-1409 E-mail Address for service: [email protected] Attorney for Plaintiff JURY TRIAL DEMANDED ATTORNEY’S LIEN CLAIMED
12
Case 5:13-cv-01081-D Document 1-1 Filed 10/10/13 Page 1 of 2
CIVIL COVER SHEET
OJS44 (Rev- 12/07)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court This form, approved by the Judicial Conference otthe United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the Civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
DEFENDANTS
I. (a) PLAINTIFFS Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton (b)
Warden Fred Figueroa, Captain M. Gentry, Lt. Smith, et. al. County of Residence of First Listed Defendant
County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES)
Beckham
{IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.
(c)
Attorneys (If Known)
Attorney's (Firm Name, Address, and Telephone Number)
The Cotton Law Firm, 2537 S. Kelly Ave., .Suite C, Edmond, OK 73013 (405) 285-0816 II.
BASIS OF JURISDICTION I
(Place an "X"m One Box Only)
U-S. Government Plaintiff
3 Federal Question (U.S. Government Not a Party)
U.S. Government Defendant
4 Diversity
III.
J CITIZENSHIP OF PRINCIPAL PARTIE&Place an X in One Box for Plamtiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF RTF DEF Citizen of This State O 1 G I Incorporated or Principal Place O 4 O4 of Business In This State Citizen of Another State
a 2
2
3
O 3
(Indicate Citizenship of Parties in Item HI) Citizen or Subject of a
o 5
Incorporated and Principal Place of Business In Another State
o 6
Foreign Nation
a 6
I oii-ii'ii (Vuiitn,
IV. 1
NATURE OF SUIT (Place an "X" in One Box Only) TORTS CONTRACT
"1110 Insurance O 120 Marine d 130 Miller Act O 140 Negotiable Instrument O 150 Recovery of Overpayment & Enforcement of Judgment G 15! Medicare Act Q 152 Recovery of Defaulted Student Loans (Excl. Veterans) D 153 Recovery of Overpayment of Veteran's Benefits O 160 Stockholders' Suits D 190 Other Contract O 195 Contract Product Liability 3 196 Franchise 1 REAL PROPERTY d 2 10 Land Condemnation O 220 Foreclosure O 230 Rent Lease & Ejectment O 240 Torts to Land O 245 Tort Product Liability G 290 All Other Real Property
O G O G O O O O O
G G G O G G flt
V . ORIGIN 5U Original
Proceeding
I
PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights
(Place an "X" in One Box Only) 2 Removed from G 3 State Court
FORFEITURE/PENALTY
PERSONAL INJURY G 362 Personal Injury Med. Malpractice G 365 Personal Injury Product Liability O 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY O 370 Other Fraud G 371 Truth in Lending O 380 Other Personal Property Damage O 385 Property Damage Product Liability PRISONER PETITIONS "3 510 Motions to Vacate Sentence Habeas Corpus: G 530 General O 535 Death Penalty G 540 Mandamus & Other G 550 Civil Rights G 555 Prison Condition
G 610 Agriculture G 620 Other Food & Dntg G 625 Drug Related Seizure of Property 21 USC 881 G 630 Liquor Laws O 640 R.R. & Truck G 650 Airline Regs. G 660 Occupational Safety/Health O 690 Other LABOR O 7 10 Fair Labor Standards Act G 720 Labor/Mgmt. Relations G 730 Labor/Mgmt. Reporting & Disclosure Act O 740 Railway Labor Act G 790 Other Labor Litigation O 791 Empl.Ret. Inc. Security Act
BANKRUPTCY O 422 Appeal 28 USC 158 O 423 Withdrawal 28 USC 157 PROPERTY RIGHTS G 820 Copyrights O 830 Patent O 840 Trademark
SOCIAL SECURITY 861 HIA(1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405( M )) FEDERAL TAX SUITS G 870 Taxes (U.S. Plaintiff or Defendant) O 871 IRS— Third Party 26 USC 7609 O G O O O
IMMIGRATION G 462 Naturalization Application O 463 Habeas Corpus Alien Detainee G 465 Other Immigration Actions
OTHER STATUTES G G O G G G G O G G O G G G G G G O
O
n
5 Transferred from 6 Multidistrict another district Litigation (specify) Cite the V.S Civjl Statute under which you are filing (Do not cite jurisdictions! statutes unless diversity):
VI. CAUSE OF ACTION
Remanded from Appellate Court
O 4 Reinstated or Reopened
D
400 State Reapportionment 4 10 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes
-i 7
Appeal to District Judge from Magistrate Judgment
Brief description of cause:
Violation or Plaintiff's bth Amendment Kights under U.b. Constitution
VII.
REQUESTED IN COMPLAINT:
O
VIII. RELATED CASE(S) IF ANY
CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 (See instructions):
CHECK YES only if demanded in complaint:
DEMAND $
JURY DEMAND:
DOCKET NUMBER
JUDGE SIGNATURE OF ATTORNEY OF RECORD
DATE 10/09/2013 FOR OFFICE USE ONLY RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
Bf Yes
O No
Case 5:13-cv-01081-D Document 1-1 Filed 10/10/13 Page 2 of 2 JS 44 Reverse (Rev. 12/07)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974. is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at ihe time of filing. In U.S. plaintiff cases, enter the name of the county in which the first lisled defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of Ihe "defendant" is the location of the tract of land involved.) (e) Attorneys. F.nter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment}". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes, if there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X7' in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331. where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where Ihe U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section lor each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V.
Origin. Place an "X" in one of the seven boxes.
Original Proceedings. ( I ) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in slate eourts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Cheek this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Seelion 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictions! statutes unless diversity-. Example: U.S. Civil Statute: 47 USC 553 Brief Description: unauthorized reception of cable service VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA MICHAEL BOLTON; JAMAR HENRY; KEVIN HICKS; and, JABAAR WALTON,
) ) ) Plaintiffs, ) ) vs. ) ) ) (1) WARDEN FRED FIGUEROA; (2) CAPTAIN ) M. GENTRY; (3) LT. SMITH; (4) ZACK ) TRISSELL; (5) C.O. MURRAY-SMITH; ) (6) CASE MANAGER R. FERGUSON; ) (7) LT. GILLER; (8) C.O. BLACK; (9) C.O. ) MARTIN; (10) C.O. THOMASEN; (11) C.O. ) BACON; (12) LT. WILLIAMS; (13) LT. R. ) CORTEZ; (14) LT. RADFORD; (15) C.O. ) C. COX; (16) C.O. WALLACE; (17) UNIT ) MANAGER COX; (18) CAPTAIN BOLES; ) (19) C.O. APPEL; (20) LT. K. BROWN; ) (21) TRAINING MANAGER MCNAIR; ) (22) SGT. PRYOR; (23) SGT. COLEMAN; ) (24) LT. ELFEHDL; (25) SGT. R. SPITZER; ) (26) INVESTIGATOR RESSLER; ) (27) TRAINING MANAGER H. BUTLER; ) (28) REC. COORD. T. THOMASY; ) (29) ASST. WARDEN. BLACKSHIRE; ) (30) C.O. M. KING; (31) C.O. V. FOX; (32) C.O. ) G. TANAJUARE; (33) C.O. C. DUSEK; (34) C.O. ) HALTOM; (35) C.C. T. JENKINS; (36) C.O. ) GILLARD; (37) C.O. ROZELL; (38) UNIT ) MANAGER J. WEIR; (39) C.M. D. POWERS; ) (40) UNIT MANAGER R. ROCKER; (41) ASST. ) WARDEN PEREZ; (42) CASE MANAGER D. ) BRITTON; (43) C.O. P. PORCHER; (44) LT. ) AJOTEZS; (45) C.O. CASTRO; (46) C.O. S. ) FULSOM; (47) C.O. KNISLEY; AND, (48) ) CORRECTIONS CORPORATION OF AMERICA, ) ) Defendants. )
Case No. CIV-13-1081-D
Jury Trial Demanded
Attorney’s Lien Claimed
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 2 of 12
COMPLAINT Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton for their causes of action against Defendants Warden Fred Figueroa, Captain M. Gentry, Lt. Smith, Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, C.O. Knisley, and Corrections Corporation of America alleges and states as follows: JURISDICTION AND VENUE 1.
Jurisdiction of this Court is founded upon the existence of a federal
question under the Eighth Amendment to the United States Constitution. 2.
Venue in this district is proper pursuant to 28 U.S.C. § 1391. PARTIES
3.
At all times material herein, Plaintiffs Michael Bolton, Jamar Henry,
Kevin Hicks, and Jabaar Walton were citizens of the United States of America incarcerated in North Fork Correctional Facility in Sayre, Oklahoma. However,
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 3 of 12
Plaintiffs are residents of the State of California. 4.
At all times material herein, Defendant Warden Fred Figueroa was a
citizen of the United States of America and resident of Beckham County, State of Oklahoma. 5.
At all times material herein, Defendant Fred Figueroa was acting in
his capacity as an agent, servant, and employee of Defendant Corrections Corporation of America, and was acting under the direction and control of Defendant Corrections Corporation of America, and was acting pursuant to either official policy or the custom, practice, and usage of the Defendant Corrections Corporation of America. 6.
At all times material herein, Defendant Warden Fred Figueroa was
employed by Defendant Corrections Corporation of America and was acting under color of law. 7.
Defendant Warden Fred Figueroa is responsible for the official policy
and procedures, the customs, practices, and usages; and, the hiring and training of staff of the North Fork Correctional Facility. 8.
Defendant Warden Fred Figueroa is sued in his individual and official
capacities. 9.
At all times material herein, Defendants Captain M. Gentry, Lt. Smith,
Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, 3
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 4 of 12
C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, and C.O. Knisley (“individual defendants”) were citizens of the United States of America and residents of Beckham County, State of Oklahoma. 10.
At all times material herein, Defendants Captain M. Gentry, Lt. Smith,
Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, and C.O. Knisley were acting in their capacity as an agent, servant, and employee of Defendant Corrections Corporation of America, and were acting 4
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 5 of 12
under the direction and control of Defendant Corrections Corporation of America, and were acting pursuant to either official policy or the custom, practice, and usage of the Defendant Corrections Corporation of America. 11.
At all times material herein, Defendants Captain M. Gentry, Lt. Smith,
Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, and C.O. Knisley were employed by Defendant Corrections Corporation of America and were acting under color of law. 12.
Defendants Captain M. Gentry, Lt. Smith, Zach Trissell, C.O.
Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. 5
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 6 of 12
Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, and C.O. Knisley are sued in their individual capacity. 13.
Defendant Corrections Corporation of America is a private company
that operates the North Fork Correctional Facility in Sayre, Oklahoma. Defendant acted through its agents, servants, and employees, who are or were the policymakers for Defendant and the conduct of the individuals employed by said Defendant and through the “individual Defendants.” GENERAL FACTUAL ALLEGATIONS 14.
On October 11, 2011, Plaintiffs were inmates at the North Fork
Correctional Facility. 15.
At around 11:37 a.m., a one-on-one fight occurred in the main dining
hall. This fight was stopped by staff at North Fork by use of chemical agents 16.
Thereafter, fighting spread to the West Yard, Gym A, Bravo North, the
expansion dining hall, and the Hotel Alpha housing unit with Hispanics associated with
the
Serenos
prison
gang
systematically
attacking
and
beating
African-American inmates, including Plaintiffs. These attacks lasted over seven (7) hours before staff, including Defendant Warden Fred Figueroa and “individual defendants” were able to stop the attacks, with the assistance of Special 6
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 7 of 12
Operations Response Teams from the Davis and Cushing CCA Facilities, CCA staff who were participating in a training exercise at the Oklahoma National Guard’s training site, Elk City Police Department, Sayre Police Department, Beckham County Sheriff’s Office, and the Oklahoma Highway Patrol. 17.
These attacks left Plaintiffs with severe and permanent physical and
mental injuries. 18.
North Fork Correctional Facility was grossly understaffed by
Defendant Corrections Corporation of America and Defendant Warden Fred Figueroa. 19.
Plaintiffs were left unguarded and unprotected by Defendants,
because North Fork was understaffed and “individual defendants” were not properly trained. In fact, because Defendants were unable to intervene in a timely manner, Plaintiffs were left to try and defend themselves for extensive periods of time. 20.
Because North Fork was understaffed, “individual defendants” were
unable to respond to the attacks in a timely manner. Often, they merely watched the attacks from outside the area until the attacks stopped on their own or “individual defendants” were able to gather enough man power to try and intervene. 21.
Defendants Warden Fred Figeuroa and Corrections Corporation of
America were aware that by concentrating a large number of Hispanics associated 7
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 8 of 12
with the Serenos prison gang at North Fork they were putting Plaintiffs, African-American inmates, at a significant risk of harm. 22.
In spite of their knowledge, Defendants failed to take proper actions to
protect Plaintiffs from these attacks. FIRST CAUSE OF ACTION Violation of Plaintiffs Constitutional Rights 23.
Plaintiffs reassert and incorporate by reference all of the allegations
set out above. 24.
Defendants Warden Fred Figueroa, Captain M. Gentry, Lt. Smith,
Zach Trissell, C.O. Murray-Smith, Case Manager Ferguson, Lt. Giller, C.O. Black, C.O. Martin, C.O. Thomasen, C.O. Bacon, Lt. Williams, Lt. R. Cortez, Lt. Radford, C.O. C. Cox, C.O. Wallace, Unit Manager Cox, Captain Boles, C.O. Appel, Lt. K. Brown, Training Manager McNair, Sgt. Pryor, Sgt. Coleman, Lt. Elfehdl, Sgt. R. Spitzer, Investigator Ressler, Training Manager H. Butler, Rec. Coord. T. Thomasy, Asst. Warden Blackshire, C.O. M. King, C.O. V. Fox, C.O. G. Tanajuare, C.O. C. Dusek, C.O. Haltom, C.C. T. Jenkins, C.O. Gillard, C.O. Rozell, Unit Manager J. Weir, C.M. D. Powers, Unit Manager R. Rocker, Asst. Warden Perez, Case Manager D. Britton, C.O. P. Porcher, Lt. Ajotezs, C.O. Castro, C.O. S. Fulsom, C.O. Knisley, and Corrections Corporation of America violated Plaintiffs’ Eighth Amendment rights by failing to protect them from the inmate attacks of September 11, 2011. 8
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 9 of 12
25.
Based on the long history of violence between the Serenos prison
gang and African-American inmates, Defendants were aware of and disregarded a significant threat to Plaintiffs’ safety. 26.
Further, “individual defendants” observed the attacks, but failed to
intervene in a timely manner to protect Plaintiffs’ from suffering severe and permanent physical and mental injuries. Plaintiffs were left to attempt to protect themselves for significant periods of time. 27.
The conduct of Defendants resulted in Plaintiffs Michael Bolton,
Jamar Henry, Kevin Hicks, and Jabaar Walton being maliciously and violently attacked, which caused significant injuries, and as such Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton were subjected to a cruel and unusual punishment, in violation of the Eighth Amendment to the United States Constitution. SECOND CAUSE OF ACTION Violation of Plaintiffs’ Constitutional Rights by Corrections Corporation of America 28.
Plaintiff reasserts and incorporates by reference all of the allegations
set out above. 29.
Defendant Corrections Corporation of America failed to properly staff
North Fork. North Fork was so grossly understaffed that when these attacks began they had to call in assistance from Special Operations Response Teams
9
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 10 of 12
from the Davis and Cushing CCA Facilities, CCA staff who were participating in a training exercise at the Oklahoma National Guard’s training site, Elk City Police Department, Sayre Police Department, Beckham County Sheriff’s Office, and the Oklahoma Highway Patrol to stop the attacks on Plaintiffs. 30.
Defendant Corrections Corporation of America failed to properly train
its employees regarding the prevention of inmate attacks or how to protect inmates once an attack started. 31.
As a result of Defendant Corrections Corporation of America’s
unconstitutional policies, procedures, and/or customs, its failure to properly staff the North Fork Correctional Facility, and its failure to properly train its employees, Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton suffered significant and permanent injuries when they were attacked on October 11, 2011. 32.
Defendant Corrections Corporation of America’s policies, procedures,
customs, failure to properly staff the North Fork Correctional Facility, and/or failure to train its employees caused Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton’s Constitutional rights under the Eighth Amendment to be violated. THIRD CAUSE OF ACTION Violation of Plaintiff’s Constitutional Rights by Defendant Warden Fred Figueroa 33.
Plaintiff reasserts and incorporates by reference all of the allegations
10
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 11 of 12
set out above. 34.
Defendant Warden Fred Figueroa implemented, adopted, or allowed
to continue in operation official policies, procedures, and/or customs of failing to protect inmates after and during attacks by other inmates. 35.
Defendant Warden Fred Figueroa failed to properly staff North Fork,
which led to “individual defendants” being unable to protect Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton. 36.
Defendant Warden Fred Figueroa failed to properly train his
employees regarding how to protect inmates from attacks by other inmates and/or how to properly intervene and protect inmates once an attack has begun. 37.
As a result of Defendant Warden Fred Figueroa’s unconstitutional
policies, procedures, and/or customs, his failure to properly staff North Fork, and failure to properly train its employees, Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton suffered significant and permanent injuries when they were attacked on September 11, 2011. 38.
Defendant Warden Fred Figueroa’s policies, procedures, customs,
failure to properly staff North Fork, and/or failure to train its employees caused Plaintiffs Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton’s Constitutional rights under the Eighth Amendment to be violated.
11
Case 5:13-cv-01081-D Document 1 Filed 10/10/13 Page 12 of 12
FOURTH CAUSE OF ACTION Punitive Damages 39.
Plaintiff reasserts and incorporates by reference all of the allegations
set out above. 40.
Defendants actions were willful, wanton, intentional, and with reckless
disregard for the rights of the Plaintiffs. 41.
As a result of Defendants’ willful, wanton, and intentional actions
Plaintiffs are entitled to recover punitive damages against Defendants. WHEREFORE, Plaintiffs demand judgment against the defendants, and each of them, in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00) as to each cause of action, attorney’s fees, costs, statutory interest until the date judgment is paid, punitive damages, and for such other and further relief as the Court deems appropriate and just. Respectfully submitted,
s/ Eric D. Cotton Eric D. Cotton, OBA #20658 THE COTTON LAW FIRM, P.L.L.C. 2537 S. Kelly Ave., Suite C Edmond, Oklahoma 73013 Telephone: (405) 285-0816 Facsimile: (405) 285-1409 E-mail Address for service: [email protected] Attorney for Plaintiff JURY TRIAL DEMANDED ATTORNEY’S LIEN CLAIMED
12
Case 5:13-cv-01081-D Document 1-1 Filed 10/10/13 Page 1 of 2
CIVIL COVER SHEET
OJS44 (Rev- 12/07)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court This form, approved by the Judicial Conference otthe United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the Civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
DEFENDANTS
I. (a) PLAINTIFFS Michael Bolton, Jamar Henry, Kevin Hicks, and Jabaar Walton (b)
Warden Fred Figueroa, Captain M. Gentry, Lt. Smith, et. al. County of Residence of First Listed Defendant
County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES)
Beckham
{IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.
(c)
Attorneys (If Known)
Attorney's (Firm Name, Address, and Telephone Number)
The Cotton Law Firm, 2537 S. Kelly Ave., .Suite C, Edmond, OK 73013 (405) 285-0816 II.
BASIS OF JURISDICTION I
(Place an "X"m One Box Only)
U-S. Government Plaintiff
3 Federal Question (U.S. Government Not a Party)
U.S. Government Defendant
4 Diversity
III.
J CITIZENSHIP OF PRINCIPAL PARTIE&Place an X in One Box for Plamtiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF RTF DEF Citizen of This State O 1 G I Incorporated or Principal Place O 4 O4 of Business In This State Citizen of Another State
a 2
2
3
O 3
(Indicate Citizenship of Parties in Item HI) Citizen or Subject of a
o 5
Incorporated and Principal Place of Business In Another State
o 6
Foreign Nation
a 6
I oii-ii'ii (Vuiitn,
IV. 1
NATURE OF SUIT (Place an "X" in One Box Only) TORTS CONTRACT
"1110 Insurance O 120 Marine d 130 Miller Act O 140 Negotiable Instrument O 150 Recovery of Overpayment & Enforcement of Judgment G 15! Medicare Act Q 152 Recovery of Defaulted Student Loans (Excl. Veterans) D 153 Recovery of Overpayment of Veteran's Benefits O 160 Stockholders' Suits D 190 Other Contract O 195 Contract Product Liability 3 196 Franchise 1 REAL PROPERTY d 2 10 Land Condemnation O 220 Foreclosure O 230 Rent Lease & Ejectment O 240 Torts to Land O 245 Tort Product Liability G 290 All Other Real Property
O G O G O O O O O
G G G O G G flt
V . ORIGIN 5U Original
Proceeding
I
PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights
(Place an "X" in One Box Only) 2 Removed from G 3 State Court
FORFEITURE/PENALTY
PERSONAL INJURY G 362 Personal Injury Med. Malpractice G 365 Personal Injury Product Liability O 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY O 370 Other Fraud G 371 Truth in Lending O 380 Other Personal Property Damage O 385 Property Damage Product Liability PRISONER PETITIONS "3 510 Motions to Vacate Sentence Habeas Corpus: G 530 General O 535 Death Penalty G 540 Mandamus & Other G 550 Civil Rights G 555 Prison Condition
G 610 Agriculture G 620 Other Food & Dntg G 625 Drug Related Seizure of Property 21 USC 881 G 630 Liquor Laws O 640 R.R. & Truck G 650 Airline Regs. G 660 Occupational Safety/Health O 690 Other LABOR O 7 10 Fair Labor Standards Act G 720 Labor/Mgmt. Relations G 730 Labor/Mgmt. Reporting & Disclosure Act O 740 Railway Labor Act G 790 Other Labor Litigation O 791 Empl.Ret. Inc. Security Act
BANKRUPTCY O 422 Appeal 28 USC 158 O 423 Withdrawal 28 USC 157 PROPERTY RIGHTS G 820 Copyrights O 830 Patent O 840 Trademark
SOCIAL SECURITY 861 HIA(1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405( M )) FEDERAL TAX SUITS G 870 Taxes (U.S. Plaintiff or Defendant) O 871 IRS— Third Party 26 USC 7609 O G O O O
IMMIGRATION G 462 Naturalization Application O 463 Habeas Corpus Alien Detainee G 465 Other Immigration Actions
OTHER STATUTES G G O G G G G O G G O G G G G G G O
O
n
5 Transferred from 6 Multidistrict another district Litigation (specify) Cite the V.S Civjl Statute under which you are filing (Do not cite jurisdictions! statutes unless diversity):
VI. CAUSE OF ACTION
Remanded from Appellate Court
O 4 Reinstated or Reopened
D
400 State Reapportionment 4 10 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes
-i 7
Appeal to District Judge from Magistrate Judgment
Brief description of cause:
Violation or Plaintiff's bth Amendment Kights under U.b. Constitution
VII.
REQUESTED IN COMPLAINT:
O
VIII. RELATED CASE(S) IF ANY
CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 (See instructions):
CHECK YES only if demanded in complaint:
DEMAND $
JURY DEMAND:
DOCKET NUMBER
JUDGE SIGNATURE OF ATTORNEY OF RECORD
DATE 10/09/2013 FOR OFFICE USE ONLY RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
Bf Yes
O No
Case 5:13-cv-01081-D Document 1-1 Filed 10/10/13 Page 2 of 2 JS 44 Reverse (Rev. 12/07)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974. is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at ihe time of filing. In U.S. plaintiff cases, enter the name of the county in which the first lisled defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of Ihe "defendant" is the location of the tract of land involved.) (e) Attorneys. F.nter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment}". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes, if there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X7' in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331. where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where Ihe U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section lor each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V.
Origin. Place an "X" in one of the seven boxes.
Original Proceedings. ( I ) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in slate eourts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Cheek this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Seelion 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictions! statutes unless diversity-. Example: U.S. Civil Statute: 47 USC 553 Brief Description: unauthorized reception of cable service VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.
