UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
County of Sacramento,
) Case No.: CIV.S 03-2319 WBS PAN -PS
First Amended COMPLAINT
U.S.C. 42 Â§ 1983, 1985 and 1988
Assault and Battery, Invasion of Privacy, False arrest, False imprisonment.
DEMAND FOR JURY TRIAL AND
COMPENSATORY, PUNITIVE AND EXEMPLARY DAMAGES AND TWENTY MILLION DOLLARS($20,000,000.00)
Dated this 21st day of April, 2004
By Tim Castleman, PRO SE
1. This is an action for money damages brought pursuant to 42 U.S.C. Â§ 1983 and 1988, and the Fourth and Fourteenth Amendments to the United States Constitution, and under common law of the State of California, against Sacramento County Sheriffâ€™s Department, the County of Sacramento, Officers M. Taylor and Onai, Doeâ€™s 1 â€“ 50, The Sacramento County Mental Health Crisis Center and Sacramento County Doctor Dalida. Jurisdiction is based upon 28 U.S.C. Â§ 1331 and 1343 and on the pendent jurisdiction of this Court to entertain claims arising under law.
2. It is alleged that the individual sheriff officer defendants made an unreasonable seizure, and false imprisonment of the person of Tim Castleman, without probable cause, under the color of law, violating his rights under the Fourth and Fourteenth Amendments to the United States Constitution, and that these defendants assaulted and battered Tim Castleman. It is further alleged that these violations and torts were committed as a result of policies and customs of the County of Sacramento.
3. It is also alleged that individual medical practitioners committed acts of battery and false imprisonment while attempting to render medical care without my consent.
4. Tim Castleman at all material times is a resident of Sacramento County, in the State of California, in the United States of America and of full age.
5. Defendants Officers were at all times relevant to this complaint duly appointed and acting officers of the Sheriff department of the County of Sacramento, acting under color of law, to wit, under the color of the statutes, ordinances, regulations, policies, customs and usages of the State of California.
6. The County of Sacramento is the public employer of the said officers and medical practitioners.
7. Sacramento County Mental Health Crisis Center is a facility funded and controlled by Sacramento County.
8. On Saturday, April 26th, 2003, I was standing on the NW corner of Marconi and Fulton in Sacramento, CA, protesting the war on Iraq. Across the street from me was a separate group holding banners and signs also protesting the war on Iraq.
9. Soon a man claiming to be the owner of the Exxon gas station, which I was standing on the sidewalk in front of, came out and asked if I had changed the numbers on his price sign from $1.91 to $9.11. I told him that I had not changed the sign. He and his assistant then changed the sign and left.
10. Within a few minutes I was approached by two Sheriff Deputies, one from each side. As they approached me and asked for my attention I asked why they were detaining me. They then stepped closer and each deputy took hold of one of my arms to escort me off of the sidewalk to the gas station parking lot.
11. I again asked why I was being detained and they responded that they had a report I had changed the sign and was running around in traffic, and therefore they were taking me into custody because I was a danger to myself.
12. I was handcuffed and confined to the rear seat of the patrol vehicle with the doors closed and locked, thus preventing any reasonable means of escape.
13. While I was confined in the patrol vehicle the officers appeared to be questioning the owner of the gas station.
14. I was later transferred to another patrol vehicle, and delivered to the Sacramento County Mental Health Crisis Center without my consent and while I was still being held in confinement.
15. Diagnostic medical procedures commenced without my consent.
16. I was searched again and my wallet and accoutrements were confiscated.
17. I was ordered to disclose my private medical history.
18. I was then transferred to a holding cell with other prisoners where I was physically confined with no reasonable means of escape.
19. I was then transferred to a cell block where I was issued a bunk. In the cell block I was also confined and had no reasonable means of escape.
20. The following day I was ordered to submit to another medical examination without my consent.
21. The County Doctor told me I had to support our president and that I should not protest so loudly next time.
22. During the discharge process the County attempted to coerce me into relinquishing my constitutionally protected right to keep and bear arms.
23. I was then released from custody at which point no notice to appear was issued nor were any formal charges filed.
42 U.S.C. Â§ 1983 Against Individual Defendants
24. Paragraphs 1 through 23 are incorporated herein by reference as though fully set forth.
25. Plaintiff Castleman claims damages for the injuries set forth above under 42 U.S.C. Â§ 1983 against defendants for violation of his constitutional rights under color of law.
Assault and Battery Against Individual Defendants
26. Paragraphs 1 through 23 are incorporated herein by reference as though fully set forth.
27. Defendants Officer M. Taylor, Officer Onai, County Employees and County Doctor Dalida assaulted and battered Tim Castleman.
28. As a result of this assault and battery, plaintiff Castleman suffered damages as foresaid.
False Arrest and Illegal Imprisonment Against Individual Defendants
29. Paragraphs 1 through 23 are incorporated herein by reference as though fully set forth.
30. Defendants Sheriff Officers illegally arrested and illegally imprisoned Tim Castleman.
31. As a result of this false arrest and illegal imprisonment, the plaintiff suffered damages as aforesaid.
42 U.S.C. Â§ 1983 Against County of Sacramento
32. Paragraphs 1 through 23 are incorporated herein by reference as though fully set forth.
33. Prior to April 27th, 2003, the County of Sacramento developed and maintained policies or customs exhibiting deliberate indifference to the constitutional rights of persons in Sacramento, which caused the violation of Castlemanâ€™s rights.
34. It was the policy and/or custom of the County of Sacramento to inadequately and improperly investigate citizen complaints of police misconduct, and acts of misconduct were instead tolerated by the County of Sacramento.
35. It was the policy and/or custom of the County of Sacramento to inadequately supervise and train its sheriff officers, including the defendant officers, thereby failing to adequately discourage further constitutional violations on the part of its police officers. The County did not require appropriate in-service training or re-training of officers who were known to have engaged in misconduct.
36. As a result of the above described policies and customs, sheriff officers of the County of Sacramento, including the defendant officers, believed that their actions would not be properly monitored by supervisory officers and that misconduct would not be investigated or sanctioned, but would be tolerated.
37. The above described policies and customs demonstrated a deliberate indifference on the part of policymakers of the County of Sacramento to the constitutional rights of persons within the County, and were the cause of the violations of plaintiffâ€™s rights alleged herein.
WHEREFORE, the plaintiff prays that this Court:
a. Award compensatory damages to plaintiff against the defendants, jointly and severally;
b. Award costs of this action to the plaintiff;
c. Award reasonable attorneyâ€™s fees and costs to the plaintiff on Counts I and IV of the complaint;
d. Award such other and further relief as this Court may deem appropriate.
e. Award punitive damages in the sum of Twenty Million Dollars.
The plaintiff hereby demands a jury trial.
Dated: April 21, 2004