Case 4:16-cv-00041-8SM Document Filed OLI27/16 Page 1 of 9 FILED estas INTHE UNITED STATES DISTRICT CouRT N27 216 EASTERN DISTRICT OF ARKANSAS yas w cc os4cs, CLERK WESTERNDIVISION = -Aubiyieatie HARRITTE TOWNSEND PLAINTIFF vs. NO. A'NWCN04- 89M. JASON ATKINSON: DEFENDANTS BRETT PHILLIPS AND pee “This case assigned to Distietudge_MNOR- MPLAINT#'©Magisvate Judge VEU, ‘Comes Plaintiff, Harritte Townsend, and for her complaint states JURISDICTION AND PARTIES 1. This action is brought pursuant to the Fourth and Fifth Amendments to the United States Constitution and 28 U.S.C. §§ 1331. 2. Venue is property with this Court under 28 U.S.C. § 1402(b) as Plaintiff resides in this District. 3. The events complained of herein occurred in the Eastern District of Arkansas. 4. Plaintiff is a citizen and resident of Pulaski County, Arkansas, 5. Upon information and belief, Defendant Jason Atkinson is a citizen and resident of Pulaski County, Arkansas.Case 4:16-cv-00041-8SM Document 1 Filed 01/27/16 Page 2 of 9 6. Upon information and belief, Defendant Brett Phillips is a citizen and resident of Pulaski County, Arkansas is a citizen and resident of Pulaski County, Arkansas 7. Upon information and belief, Defendant Dale Rath, is a citizen and resident of Pulaski County, Arkansas. FACTS 8. Atall times relevant to this complaint, Defendant Atkinson was a uniformed police officer employed by the Veterans Administration. He is sued in his, individual capacity. 9. Atall times relevant to this complaint, Defendant Phillips was a uniformed police officer employed by the Veterans Administration. He is sued in his, individual capacity. 10. Atall times relevant to this complaint, Defendant Rath was a uniformed police officer employed by the Veterans Administration. He is sued in his individual capacity 11. Plaintiff is an employee of the Veterans Administration, working as a nurse on the campus of the VA Hospital in Little Rock, Arkansas and was so employed atthe time of the events complained of herein.(Case 4:16-cv-00041-BSM Document 1 Filed OL727/16 Page 3 of 9 12, Asan employee, Plaintiff has a card Key that will open the gate for her to center the parking lot. 13. The card keys had been replaced by the VA a few days before the events complained of herein and some of the new entry cards either failed to work or had difficulty opening the gates. 14. Onor about March 10, 2015, at approximately 7:10 a.m., Plaintiff was in her automobile about to enter Gate 3 of employee parking lot 3 on the campus of the his automobile in front of her ‘VA Hospital when an employee, name unknown, ‘was unable to get his card key to open the gate. 15. Plaintiff exited her car to show the other employee how to use the card because she had had similar problems with hers the day before. She demonstrated ‘with her card how to do it and the gate opened allowing that employee into the parking lot. 16. After that employee entered the lot, Plaintiff then used the card to allow herself in 17. Once she got into the parking lot a VA police officer, Defendant Atkinson approached her car and directed her to stop. She did so and rolled her window down.Case 4:16-cv-00041-BSM Document Filed 01/27/16 Page 4 of 9 18, Atkinson asked for Plaintiff's LD., which she provided him. Atkinson then instructed Plaintiff to tum her car off and wait. She pulled into a parking space to allow other cars to pass. 19. While she was in her car Defendants Phillips and Rath arrived on the parking lot. 20. After the Plaintiff was in the car for approximately thirty (30) mimutes she exited the car and told Defendant Atkinson she had to get to work. When she did so Atkinson came toward her with his arm and finger pointing to her and screamed, “Get back inthe ear. Get back in the car. You are going to be arested.” At that point Plaintiff asked, “Arrest me for what?” Then Atkinson told Plaintiff she was going to be handcuffed and lunged at her. 21, As Atkinson lunged at Plaintiff, she instinctively backed away and threw her arms up. 22. As the event described in the preceding paragraph occurred, Officer Rath, who was directly behind her, grabbed both of Plaintiff's arms and all three officers then took her to the ground causing her severe pain. Plaintiff screamed for help and tried to tell the officers she was a veteran and not a criminal.Case 4:16-cv-00041-8SM Document 1 Filed 01/27/16 Page Sof9 23, As the events in the preceding paragraph occurred, one officer screamed, “Give me your [expletive] hand so I can handcuff you.” Defendants did handcuff Plaintiff and picked her up from the ground. 24, After being handcuffed the Defendants placed Plaintiff into a VA police car and took her to the VA police office where she was examined by a physician, 25. Plaintiff was then taken to the Pulaski County jail where she was charged with the crimes of second degree battery, disorderly conduct, and resisting arrest 26. Plaintiff posted a bond of $3,500.00 and upon release from the jail went to a physician's office to seek medical treatment. 27. Defendants acting together unlawfully detained and arrested Plaintiff, assaulted and handcuffed Plaintiff, took her into custody and transferred her to jail ‘where they maliciously and falsely claimed she had resisted arrest, committed battery on a police officer, and committed disorderly conduct. 28. Asa result of the events described above, Plaintiff suffered false imprisonment, physical assault and battery to her person, and suffered physical a result ofthe Defendants’ acts 29, Asa further result of the events described above, Plaintiff was forced to post bond in the sum of $3,500.00 obtain legal counsel to represent her against theCase 4:16-cv-00041-8SM Document1 Filed 01/27/16 Page 6 of 9 criminal charges filed against her. Plaintiff further had to appear in court on several occasions. 30. Ultimately all charges against Plaintiff were dropped by the State COUNT I Constitutional Violation: Unlawful use of excessive force. 31. The actions of the Defendants violated Plaintiff's rights under the Fourth and Fourteenth Amendments to the Constitution of the United States to be free from the unlawful use of excessive force. 32. The amount of force used was unreasonable and excessive under the circumstances. a. ‘The defendants struck and manhandled the plaintiff when arresting b The force used was excessive because it was not reasonably necessary to arrest the plaintiff or take the plaintiff into custody: ©. There was no legal cause to justify the use of any force whatsoever against plaintiff. The force used against plaintiff was unreasonable and excessive, 33, Asa direct and proximate result, the plaintiff suffered and continues to suffer damages as set forth above.Case 4:16-cv-00041-8SM Document 1 Filed 01/2716 Page 7 of 9 COUNT2 inlawful Arrest. 34. The actions of the Defendants violated Plaintiff's rights under the Fourth and Fourteenth amendments to the Constitution of the United States to be free from ‘unlawful arrest and caused her damages as set forth above. COUNT3 State Law: Battery 35. Defendants Atkinson, Rath, and PI illips, acting separately and in concert, acted with intent to cause some harmful or offensive contact with a person, or acted with the intent to create the apprehension of some harmful or offensive contact with the Plaintiff 36. A harmful or offensive contact with the Plaintiff resulted that caused Plaintiff damages as set forth herein. COUNT 4 State Law: Assault 37. Defendants Atkinson, Rath, and Phillips, acting separately and in concert, acted in such a manner as to create a reasonable apprehension of harmful or offensive contact upon the person of the Plaintiff.Case 4:16-cv-00041-8SM Document 1 Filed 01/27/16 Page 8 of 9 38. That defendants intended to cause that apprehension, 39. ‘That Plaintiff was actually putin that apprehension that caused her damages as set forth above, COUNTS ‘State Law: False Arrest and False I 40. Defendants Atkinson, Rath, and Phillips, acting separately and in concert, unlawfully violated the personal liberty of Plaintiff by detaining her without sufficient legal authority causing her damages as set forth above. ‘COUNT 6 tate Law: Malicious Prosecution 41. Defendants Atkinson, Rath, and Phillips, acting separately and in concert, caused criminal proceedings to be initiated against Plaintiff. 42. The proceedings initiated against Plaintiff were terminated in her favor. 43. Defendants did not have probable cause for initiating the proceedings. 44, Defendants acted with an improper or sinister motive in initiating the proceedings against Plaintiff. 45. The Defendant's acts proximately caused Plaintiff damages as set forth above,Case 4:16-cv-00041-8SM Document 1 Filed 01/27/16 Page 9 of 9 ‘Wherefore Plaintiff prays for a judgment for damages against the defendants, Jason Atkinson, Brett Phillips, and Dale Rath and each of them in an ‘amount adequate to compensate her for the injuries and damages she has sustained. Plaintiff further prays for costs, attomeys’ fees, and all other proper relief. Plaintiff demands a tril by jury. Respectfully submitted Baker Schulze Murphy & Patterson 2311 Biscayne Dr., Suite 300 Little Rock, Arkansas 72227 ‘Telephone (501) 53 Facsimile (504) STA ‘Ark Bar #78008 ‘Ark Bar #91265