hill et. al. v. utah et. al. federal complaint

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  • 7/31/2019 Hill et. al. v. Utah et. al. Federal Complaint

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    DAVID S. PACE (8252)REEF PACE (13088)

    THE PACE LAW FIRM, PLLC

    6925 S UNION PARK CENTER, SUITE 480

    COTTONWOOD HEIGHTS, UTAH 84047

    TELEPHONE: (801) 355-9700

    FACSIMILE: (801) 355-9705

    [email protected]

    Attorney for Plaintiffs

    IN THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF UTAHCENTRAL DIVISION

    QAIYIM HILL, and RICHARD ANTHONY

    URIBE

    Plaintiffs,

    STATE OF UTAH, UTAH STATEDEPARTMENT OF CORRECTIONS,

    OFFICER MILLECUM, individually and in

    his official capacity; OFFICER NEWMAN

    individually and in his official capacity, and

    JOHN DOES I-X.

    Defendants.

    COMPLAINT

    AND

    JURY DEMAND

    Case No. 2:12-cv-00710-EJF

    Magistrate Judge: Evelyn Furse

    Plaintiff Qaiyim Hill, and Richard Anthony Uribe (Plaintiffs) complain and allege for a

    cause of action against Defendants as follows:

    JURISDICTION AND VENUE

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    1. This action arises under the United States Constitution and federal law,

    particularly under the provision of the Fourth and Fourteenth Amendments of the

    Constitution of the United States, and 42 U.S.C. 1983 and 1988.

    2. This action seeks redress for violations of the civil rights laws of the United

    States, and jurisdiction is therefore invoked pursuant to 28 U.S.C. 1343 and 42

    U.S.C. 1983.

    3. Plaintiffs have complied with the State Notice Requirements for claims against a

    governmental entity or its employee in accordance with Utah Code Ann. 63-30-

    11 et. seq., by filing a notice of claim within one year of the date this claim arose

    for claims against the Salt Lake City Corporation.

    4. The claims made in this Complaint occurred and arose in the State of Utah, in this

    District and in the Central Division. Venue is therefore proper and vests with this

    Court pursuant to 28 U.S.C. 1391 and 28 U.S.C. 1331.

    5. All of the events alleged took place in Utah, State of Utah.

    6. Plaintiffs are seeking damages under federal law pursuant to the claim for relief

    below, in amounts to be proven at trial.

    PARTIES

    7. Plaintiff Qaiyim Hill was and is a citizen of the United States of America, and at

    the time this complaint was filed was a resident of Las Vegas, Clark County, State

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    of Nevada. At the time the claims herein arose, Plaintiff, Qaiyim Hill (Hill) was

    an adult citizen of the State of Utah and, further, an inmate of the Uintah County

    Jail (Jail). On or about September 13, 2011, Plaintiff was released from prison

    and is no longer in state custody.

    8. Plaintiff Richard Anthony Uribe was and is a citizen of the United States of

    America, and at the time this complaint was filed was a resident of Williston,

    Williams County, State of North Dakota. At the time the claims herein arose,

    Plaintiff, Richard Anthony Uribe (Uribe ) was an adult citizen of the State of

    Utah and, further, an inmate of the Uintah County Jail (Jail). On or about April,

    2011, Plaintiff was released from prison and is no longer in state custody.

    8. Defendant Millecum (Officer Millecum) was at all times relevant hereto

    officers or otherwise employed by the Prison, a governmental entity operating

    under the Department of Corrections, State of Utah. As part of its corporate

    powers, and at all times relevant herein, the Defendant officer was an employee of

    the Utah State Prison.

    9. Defendant Newman (Officer Newman) was at all times relevant hereto officers

    or otherwise employed by the Prison, a governmental entity operating under the

    Department of Corrections, State of Utah. As part of its corporate powers, and at

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    all times relevant herein, the Defendant officer was an employee of the Utah State

    Prison.

    10. This action is brought against Officer Millecum and Officer Newman in their

    individual capacity. Their authority to act was derived from Utah State law and/or

    the commands and directives of his superiors. All of the acts of the individuals

    and entities listed herein were performed under color of laws, statutes, ordinances,

    regulations, policies, customs, and usages of the State of Utah, and each said

    individual is liable under 42 U.S.C. 1983.

    11. Defendant STATE OF UTAH maintains Defendant UTAH DEPARTMENT OF

    CORRECTIONS as a political subdivision, duly organized and existing under the

    Laws of the State of Utah and, pursuant to law, is capable of being sued in this

    Court. The Utah Department of Corrections maintains the Utah State Prison.

    12. Defendants DOES I - X are persons and entities named in both their individual

    and official capacities and who are yet undiscovered who acted individually or in

    concert with those named Defendants to deprive Mr. Hill and Mr. Uribe of those

    rights and privileges stated below.

    13. Plaintiffs will serve notice of his pendent state claims against the Defendants

    pursuant to Utah law. These claims will be amended into this Complaint at a later

    time. However, Plaintiffs deny that notice is required of any of the current claims

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    in this Complaint since all current claims deal with constitutional violations under

    42 U.S.C. 1983 and other statues, and state law notice of such claims is not

    required.

    PRELIMINARY STATEMENT

    This is a civil action for compensatory and punitive damages brought pursuant to 42

    U.S.C. 1983 and 1985 and Article I, Section 9 of the Utah Constitution to redress the

    deprivation under color of state law of rights, privileges and immunities guaranteed by the United

    States Constitutions and Federal Law. Plaintiffs contends that while they was in the custody of

    the Uintah County Jail the Defendants, both in their individual and official capacities, each

    demonstrated deliberate indifference toward the physical safety and well being of Mr. Hill and

    Mr. Uribe. Defendants further acted with malice, ill will, or spite towards Plaintiffs by

    conspiring with forethought and acting as facilitators and accomplices to the battery of the

    Plaintiffs. The Defendants actions resulted in the of deprivation Plaintiffs rights guaranteed by

    the Eighth and Fourteenth Amendments to the United States Constitution and Article I, Section 9

    of the Utah Constitution.

    FACTUAL ALLEGATIONS

    14. All of the events alleged took place on or about September, 2010.

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    15. Qaiyim Hill was incarcerated in the Utah State Prison on August 21, 2008.

    16. Richard Anthony Uribe was incarcerated in the Utah State Prison.

    16. In September, 2010, Qaiyim Hill was transferred to the Uintah County Jail.

    17. As part of Plaintiffs duties they were assigned to work detail with four fellow

    inmates.

    18. On the work duty detail two officers would transport and supervise the six

    inmates as they performed manual labor in different areas surrounding the Uintah

    County Jail.

    19. Three days after Qaiyim Hills transfer to Uintah County Jail, he was in the

    parking lot of the Uintah County Jail.

    20. The inmates were awaiting their transportation by truck to their assigned work

    detail.

    21. Officer Millecum and Officer Newman were the officers assigned to supervised

    and guard the inmates.

    22. Officer Millecum and Officer Newman advised the six inmates that before work

    detail could begin, the inmates would have to pass the initiation.

    23. The initiation as explained by the officers consisted of riding the lightning.

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    24. Apparently riding the lightning meant that each inmate would have to grab a

    metal hook in each hand, which were fashioned to look like horns, and these horns

    in turn were attached to what appeared to be a car battery.

    25. The result of riding the lightning was that each inmate would receive a

    substantial shock, which would convulse their bodies until they released the metal

    horns.

    26. Richard Anthony Uribe was one of the six inmates on the work detail.

    27. Richard Anthony Uribe was an inmate at the Uintah County Jail from

    approximately July, 2010 to April 2011.

    28. During Richard Anthony Uribes incarceration at Uintah County Jail he witnessed

    riding the lightning many times with many different inmates.

    29. This apparently was the practice that had been performed many times before and

    after this day by that officers as an initiation to the work detail, the purpose of

    which could only have been to amuse the officers.

    30. On the day in question all six inmates of the work detail rode the lightning,

    among the inmates who rode the lightning were Qaiyim Hill, and Richard

    Anthony Uribe.

    31. When Qaiyim Hill placed his hands on the metal horns his reaction to the shock

    that ran through his body was more than just shocking, Qaiyim believes that the

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    shock to his body caused him to have a seizure, and the seizure incapacitated him,

    which caused him to fall to the pavement unable to control his body.

    32. Riding the lightning for Qaiyim Hill was extremely painful and humiliating.

    33. Further, Qaiyim Hill was transferred to Box Elder Countys Jail in January or

    February of 2011, while at Box Elder County Jail Qaiyim Hill experienced

    another seizure, which he believes was caused by Officer Millecum and Officer

    Newman forcing him to ride the lightning for their enjoyment.

    33.1 Richard Anthony Uribe suffered pain and suffering caused by being forced to

    ride the lightning.

    33.2 Qaiyim Hill suffered pain and suffering caused by being forced to ride the

    lightning.

    FIRST CAUSE OF ACTION

    Excessive Force - Defendants Millecum and Newman

    In Violation Of The Fourth Amendment

    Cognizable Under 42 U.S.C. 1983

    34. Plaintiffs incorporates by reference the above allegations.

    35. The proper focus in determining the reasonableness of force used is on the events

    immediately confronting officers when they decide to use force. Force is not

    reasonable when a suspect is non-violent, not resisting, not fleeing, and poses no

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    threat, as was the case with here. Furthermore, force is not permitted at all when

    there is no need to use force.

    36. At no time had Plaintiffs ever shown any tendency toward violence or hostility, or

    threaten Officer Millecum or Officer Newman.

    37. There was no need for Officer Millecum and Officer Newman to subdue and use

    force because Plaintiffs were non-violent, not threatening in anyway. Plaintiffs

    were totally non-violent and did not pose a threat to the safety of Officer

    Millecum and Officer Newman or others. Therefore, each aspect of the force used

    was excessive and a violation of Plaintiffs right to be free from excessive force in

    an arrest.

    38. The violation of Plaintiffs rights are actionable under 42 U.S.C. 1983, and

    Plaintiffs are entitled to judgment against Officer Millecum and Officer Newman

    in an amount to be proved at trial, plus costs and attorneys fees pursuant to 42

    U.S.C. 1988.

    SECOND CAUSE OF ACTION

    Cruel and Unusual Punishment - Defendants Millecum and Newman

    39. Plaintiffs repeat and incorporate the previous allegations by this reference.

    40. Each of the Defendants demonstrated deliberate indifference to Plaintiffs right to

    be free from bodily injury and cruel and unusual punishment.

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    41. The actions of the Defendants set forth above violated Plaintiffs rights secured by

    the Fourteenth Amendment to the United States Constitution not to be subjected

    to cruel and unusual punishment.

    42. As a result of the Defendants actions, Plaintiffs suffered permanent debilitating

    injury, disfigurement, severe pain, suffering, discomfort and emotional distress.

    43. Plaintiffs are thereby entitled to compensatory and punitive damages as well as

    costs and attorney fees in accordance with 42 U.S.C. 1988; and for any other

    relief the Court finds just and proper under the circumstances in an amount to be

    proved at trial.

    SECOND CAUSE OF ACTION

    Cruel and Unusual Punishment - Defendants Millecum and Newman

    44. Plaintiffs repeats and incorporates the previous allegations by this reference.

    45. The Defendants actions violated Plaintiffs rights secured by Article I, Section 9

    of the Utah Constitution to be free from cruel and unusual punishment.

    46. As a result of Defendants actions, Plaintiffs suffered permanent debilitating

    injury, disfigurement, severe pain, suffering discomfort and emotional distress.

    47. Plaintiffs are thereby entitled to compensatory and punitive damage as well as his

    costs and attorney fees in accordance with 42 U.S.C. 1988; and for any other

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    relief the Court finds just and proper under the circumstances in an amount to be

    proved at trial.

    THIRD CAUSE OF ACTION

    Unnecessary Rigor- Defendants Millecum and Newman

    48. Plaintiffs repeat and incorporate the previous allegations by this reference.

    49. The Defendants actions violated Plaintiffs rights secured under Article I, Section

    9 of the Utah Constitution to be free from unnecessary rigor.

    50. As a result of the Defendants actions, Plaintiffs suffered permanent debilitating

    injury, disfigurement, severe pain, suffering, discomfort and emotional distress.

    51. Plaintiffs are thereby entitled to compensatory and punitive damages as well as

    costs and attorney fees in accordance with 42 U.S.C. 1988; and for any other

    relief the Court finds just and proper under the circumstances in an amount to be

    proved at trial.

    FOURTH CAUSE OF ACTION

    Freedom from Bodily Injury - Defendants Millecum and Newman

    52. Plaintiffs repeat and incorporate the previous allegations by this reference.

    53. The Defendants actions violated Plaintiffs rights secured under the Fourteenth

    Amendment of the United States Constitution to be free from bodily injury.

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    54. As a result of the Defendants actions, Plaintiffs suffered permanent debilitating

    injury, disfigurement, severe pain, suffering, discomfort and emotional distress.

    55. Plaintiffs are thereby entitled to compensatory and punitive damages as well as

    costs and attorney fees in accordance with 42 U.S.C. 1988; and for any other

    relief the Court finds just and proper under the circumstances in an amount to be

    proved at trial.

    FIFTH CAUSE OF ACTION

    Due Process- Defendants Millecum and Newman

    56. Plaintiffs repeat and incorporate the previous allegations by this reference.

    57. The Defendants actions violated Plaintiffs rights secured under the Fifth

    Amendment of the United States Constitution not to be deprived of Life, Liberty,

    or Property without Due Process of Law.

    58. As a result of the Defendants actions, Plaintiffs suffered permanent debilitating

    injury, disfigurement, severe pain, suffering, discomfort and emotional distress.

    59. Plaintiffs are thereby entitled to compensatory and punitive damages as well as

    costs and attorney fees in accordance with 42 U.S.C. 1988; and for any other

    relief the Court finds just and proper under the circumstances in an amount to be

    proved at trial.

    SIXTH CAUSE OF ACTION

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    Intentional Infliction Of Emotional Distress - Defendants Millecum and Newman

    60. Plaintiffs repeat and incorporate the previous allegations by this reference.

    61. Defendants Officer Millecum and / or Officer Newman were at all times relevant

    times hereto prison officials and law enforcement officers of the United States and

    Utah State Government, empowered as agents to execute the law.

    62. Defendants engaged in outrageous conduct.

    63. Defendants intended to cause emotional distress or acted with reckless disregard

    of the probability of causing emotional distress.

    64. Plaintiffs suffered severe or extreme emotional distress which was proximately

    caused by the Defendants outrageous conduct.

    65. Defendants acts or omissions were the result of willful and malicious conduct, or

    conduct that manifested a knowing and reckless indifference and disregard toward

    the rights of others.

    66. As a direct and proximate result of Defendants outrageous conduct, Plaintiff

    suffered permanent debilitating injury, disfigurement, severe pain, suffering,

    discomfort and emotional distress.

    67. Plaintiffs are thereby entitled to compensatory and punitive damages, and for any

    other relief the Court finds just and proper under the circumstances in an amount

    to be proved at trial.

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    SEVENTH CAUSE OF ACTION

    Battery / Unlawful Use of Force - Defendants Millecum and Newman

    68. Plaintiffs repeat and incorporate the previous allegations by this reference.

    69. The Defendants intentionally caused severe injury and unlawfully used force

    against Plaintiffs.

    70. As a result of the Defendants actions, Plaintiffs suffered permanent debilitating

    injury, disfigurement, severe pain, suffering, discomfort and emotional distress.

    71. Plaintiffs are thereby entitled to compensatory and punitive damages; and for any

    other relief the Court finds just and proper under the circumstances in an amount

    to be proved at trial.

    SIXTH CAUSE OF ACTION

    Conspiracy To Deprive Plaintiff Of His Civil Rights

    72. Plaintiffs repeats and incorporates the previous allegations by this reference.

    73. The acts of these Defendants were done in agreement and in concert with one

    another all with an aim toward depriving Plaintiffs of this constitutional rights

    secured by both the State and Federal Constitutions and for the purpose of

    hindering, impeding, obstructing, defeating or otherwise depriving Plaintiffs of

    the due course of justice all in violation of 42. U.S.C. 1983 and 1985.

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    74. As a result of Defendants actions, Plaintiffs suffered permanent debilitating

    injury, disfigurement, severe pain, suffering discomfort and emotional distress.

    75. Plaintiffs are thereby entitled to compensatory and punitive damage as well as his

    costs and attorney fees in accordance with 42 U.S.C. 1988; and for any other

    relief the Court finds just and proper under the circumstances in an amount to be

    proved at trial.

    FIFTH CAUSE OF ACTION

    Inadequate Training, Supervision, Discipline, Remedial Action and Hiring

    76. Plaintiffs repeats and incorporates the previous allegations by this reference.

    77. Each of these Defendants failure to provide adequate training, supervision,

    discipline and/or remedial action to their subordinates demonstrates deliberate

    indifference to Plaintiffs State and Federally protected rights.

    78. Furthermore, each of these Defendants demonstrated deliberate indifference to

    Plaintiffs State and Federally protected rights by hiring, and thereafter retaining,

    incompetent and unqualified individuals.

    79. As a direct and proximate result of Defendants deliberate indifference, Plaintiffs

    was denied his rights protected by the Constitutions of the United States and State

    of Utah.

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    80. As a result of Defendants actions, Plaintiffs suffered permanent debilitating

    injury, disfigurement, severe pain, suffering discomfort and emotional distress.

    81. Plaintiffs are thereby entitled to compensatory and punitive damage as well as his

    costs and attorney fees in accordance with 42 U.S.C. 1988; and for any other

    relief the Court finds just and proper under the circumstances in an amount to be

    proved at trial.

    TENTH CAUSE OF ACTION

    Negligence

    82. Plaintiffs repeats and incorporates the previous allegations by this reference.

    83. Defendants had a duty to take reasonable care to prevent inmates from injuring

    inmates, particularly when they had reasonable notice that such harm would

    occur.

    84. Defendants breached their duty to Plaintiffs by, among other things, intentionally

    shocking the Plaintiffs with a car battery.

    85. As a result of the Defendants negligence, Plaintiffs suffered permanent

    debilitating injury, disfigurement, severe pain, suffering discomfort and emotional

    distress.

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    86. Plaintiffs are thereby entitled to compensatory damages as well as any other relief

    the Court finds just and proper under the circumstances in an amount to be proved

    at trial.

    JURY DEMAND

    Plaintiffs hereby requests a jury on all claims and issues that may be tried before a jury.

    NO ELECTION OR WAIVER

    The facts and circumstances set forth above are pled cumulatively and alternatively, with

    no election or waiver of remedies until such time as the trier of fact has decided disputed issues

    of fact.

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    REQUEST FOR RELIEF

    WHEREFORE, Plaintiffs pray for the entry of judgment against Defendants jointly and

    severally both individually and in their official capacity for compensatory damages; for an award

    of punitive damages; for costs, expenses, and attorney fees for this action in accordance with 42

    U.S.C. 1988; and for any other relief the Court finds just and proper under the circumstances in

    an amount to be proved at trial. Plaintiffs pray for damages in an amount to be determined by the

    Court.

    1. For general compensatory damages in an amount to be determined at trial;

    2. For special damages as are shown at trial;

    3. For punitive damages against named individuals as may be allowed by law;

    4. For pre-judgment interest on the damages assessed by the verdict of the jury, as

    allowed by law;

    5. For Plaintiffs costs and reasonable attorney fees incurred herein, pursuant to 42

    U.S.C. 1988; and

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

    DATED this July 9, 2012.

    /s/ David S. Pace

    David Pace

    Attorney for the Plaintiffs

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