10 aL 12 13 17 18 19 20 GERAGOS & GERAGOS 644 S. Figueroa Street Los Angeles, CA 90017 1 ‘Telephone No. 213-625-3900 Facsimile No, 213-232-3255 E-mail: mark@geragos.com david@geragos.com Name and California State Bar No. Mark Geragos #108325 (Pro Hac Vice App to be filed) David Gammill #258286 (Pro Hac Vice App to be filed) BASKIN RICHARDS PLC 2901 N. Central Avenue, Suite 1150 Phoenix, Arizona 85012 Telephone No. 602-812-7979 Facsimile No. 602-595-7800 E-mail: brichards@baskinvichards.com dwood@ mn. ndavis@baskinrichards.c ‘Name and Arizona State Bar No.: William A. Richards #013381 Nicole C. Davis #020138 Leslie Ross #027207 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA CV 20146-0162 ERIK HOOD, individual, Case No. Plaintiff, COMPLAINT v (Conspiracy; Battery; Assault) MARCUS MORRIS, individual; MARKIEFF MORRIS, individual; JULIUS. KANE, individual; CHRISTOPHER MELENDEZ, individual; GERALD BOWMAN, individual; JOHN and JANE DOES I-XBaseay RcaasFLe Defendants. Plaintiff Erik Hood, by and through the undersigned counsel, and for his complaint against Defendants avers as follows: PARTIES 1. The claims in this action arise out of damages, injuries and/or violations of rights created by or resulting from the actions of Defendants Marcus Morris, Markieff Morris, Julius Kane, Christopher Melendez and Gerald Bowman (collectively “Defendants”) committed on January 24, 2015 in Maricopa County, Arizona. Defendants individually, collectively and/or in conspiracy or combination with other named Defendants, have taken actions and are responsible for the actions from which the claims alleged and damages sought hereby arise. 2. Plaintiff Erik Hood is an individual who now, and at all times relevant to the allegations in this Complaint, resides in Maricopa County, Arizona. 3. Upon information and belief, Defendant Marcus Morris is a single male residing in or near Detroit, Michigan. Upon information and belief, during the relevant timeframe, Defendant Marcus Morris was a resident of Maricopa County, Arizona, Defendant Marcus Monts took actions in Maricopa County, Arizona resulting in substantial harm and injury to Plaintiff Erik Hood. 4. Upon information and belief, Defendant Markieff Morris is a single male residing in or near the District of Columbia. Upon information and belief, during the relevant timeframe, Defendant Markieff Morris was a resident of Maricopa County, Arizona, Defendant Markieff Morris took actions in Maricopa County, Arizona resulting in substantial harm and injury to Plaintiff Erik Hood.‘BASERS RICHARDS TLC 2901, Cental Ave, Sie. 1150 Phoenix, AZ 85012 Telephone 602-812-7979 Factnile 602-595-7800 of G8 a 18 19 20 26 27 28 5. Upon information and belief, Defendant Julius Kane is a single man who currently resides in Philadelphia, Pennsylvania. Defendant Julius Kane took actions in Maricopa County, Arizona resulting in substantial harm and injury to Plaintiff Erik Hood. 6. Upon information and belief, Defendant Christopher Melendez is a single man who currently resides in Philadelphia, Pennsylvania. Defendant Christopher Melendez took actions in Maricopa County, Arizona resulting in substantial harm and injury to Plaintiff Erik Hood. 7. Upon information and belief, Defendant Gerald Bowman is a single man who currently resides in Philadelphia, Pennsylvania, Defendant Gerald Bowman took actions in Maricopa County, Arizona resulting in substantial harm and injury to Plaintiff Erik Hood. 8. For many years prior to the allegations included in this Complaint, Plaintiff Erik Hood and Defendants Marcus Morris and Markieff Morris had a close personal relationship. ‘Until the night of the events described below, the Morris Defendants and Mr. Hood had not seen or spoken to each other for several years 9. Defendants John and Jane Does I - X are, on information and belief, other persons who conspired with, aided and abetted, or assisted in any way the named Defendants in planning or executing the attack on Plaintiff Erik Hood and whose names and identities are not yet known to the Plaintiff. ‘The Plaintiff reserves hereby the right to substitute such John and Jane Doe names with the proper names of any such persons as they are identified during proceedings in this action. JURISDICTION AND VENUE 10. All actions and omissions of the Defendants that form the basis for the claims alleged herein occurred or were directed into Maricopa County, Arizona, and/or arose out of matters occurring within or having a direct connection with Arizona, Accordingly, the Court has jurisdiction over the Defendants and over the claims alleged herein pursuant to Ariz, Const., Art. VI, §14, and A.R.S. §§ 12-122; 12-123. The tortious conduct of the Defendants‘BASU RicnARDS LE 2901 N. Central ve, St. 1150 in physically assaulting Plaintiff Erik Hood occurred in Maricopa County, Arizona, and therefore venue is proper in this Court pursuant to A.R.S. § 12-401 FACTS 1. On the evening of January 24, 2015, Plaintiff Erik Hood attended a youth basketball game at a recreation center in Phoenix, Arizona, 2. The coach of one of the teams is a friend of Mr. Hood, and Mr. Hood sometimes attended the coach’s games when the coach was in town, 3. Mr. Hood arrived at the game by himself, and about halfway through the game, a friend of Mr. Hood’s joined him. 4, Soon thereafter, Defendants Marcus Morris, Markieff Morris, Julius Kane, Christopher Melendez, and Gerald Bowman appeared at the game as well. On information and belief, the Defendants had arranged to attend the game with the intent of, and planning to, physically assault and injure Plaintiff. 5. Mr. Hood understood that defendants Julius Kane, Christopher Melendez, and Gerald Bowman were with the Morris Defendants. 6. Mr. Hood recognized Defendants Marcus and Markieff Morris, as they have known each other for several years. 7. During the game, Defendants sat on the opposite side of the gymnasium from Mr. Hood. 8. As the game was about to end, Defendants Marcus Morris and Markieff Morris left the gymnasium, 9. As the game was about to end, Defendants Julius Kane, Christopher Melendez, and Gerald Bowman moved down toward the bottom of the bleachers, and sat between Mr. Hood and the exit. 10. At the conclusion of the game, Mr. Hood remained in the gymnasium so as to avoid any contact with DefendantsBask RICHARDS PLC 11. At the end of the game, Mr. Hood saw Defendants Julius Kane, Christopher Melendez, and Gerald Bowman leave the gymnasium, 12, A period of time past and the lights in the gymnasium were turned off forcing Mr. Hood to leave 13. Mr, Hood walked out the door of the gymnasium and looked to determine if, anyone was outside. To his right Mr. Hood saw defendant Julius Kane with his foot against the wall, arms crossed, Defendant Julius Kane said to Mr. Hood, “(expletive), you know what time itis.” 14, Roughly simultaneous to Defendant Julius Kane’s statement, Mr. Hood was struck in the back of the head. Shaken, Mr. Hood began to run and the Defendants chased him. The physical attack was unprovoked and unjustified. Mr. Hood had made clear his intention to avoid the Defendants entirely. 15, When the Defendants caught up to Mr. Hood they started striking him, individually and collectively, with their fists over and over again, causing Mr. Hood serious physical injuries. Mr. Hood eventually fell to the ground and the Defendants began to kick and stomp on Mr, Hood causing serious physical injuries 16. Defendant Julius Kane held Mr. Hood down on the ground while Marcus Morris came over and repeatedly stomped on him. During the course of the beating, the Defendants struck and kicked Plaintiff Erik Hood on numerous occasions, causing serious physical injuries. 17. Mr. Hood’s friend who had been with him at the game witnessed the Defendants beating a defenseless Mr. Hood, as did other bystander witnesses. Some people who saw what was happening attempted to help Mr. Hood, but Defendant Markieff Morris stopped them and instructed them to mind their own business. On information and belief, the interference by Defendant Markieff Morris prevented bystanders from rendering aid and limiting injuries to Mr. Hood, thereby further aggravating Mr. Hood’s injuries.2801 N. Central Ave 18. Mr. Hood lost consciousness during the assault, and woke up with people trying to help him into a car. 19. Mr, Hood was transported to the hospital. He had suffered serious physical injuries, including without limitation a broken nose, broken ribs, a contusion to his head, a fractured vertebrae, lacerations on his body, and injuries to his eyes for which he received medical treatment. As a result of the unprovoked and unjustified physical assault by the Defendants, Mr. Hood has also suffered severe emotional harm and distress, which is ongoing and requires treatment. He has since been diagnosed with Post Traumatic Stress Disorder (“PTSD”). 20. As a result of the actions of the Defendants, Mr. Hood has suffered severe emotional injuries and substantial physical harm. He is entitled to recover all appropriate relief for such harm, including all amounts necessary to compensate him for his past and ongoing physical and emotional injuries. 21. The actions of the Defendants were willful, wanton and malicious. They acted with the intent to harm Mr. Hood physically and emotionally, and with reckless disregard for the severe, permanent harm they were inflicting on Mr. Hood, or even whether they might inflict permanently disabling harm or death, Their actions were malicious, evil, outrageous and violate the minimum standards of conduct acceptable in a civilized society. ‘Therefore, Mr. Hood is entitled to recover as additional compensation punitive or exemplary damages against all of the Defendants in an amount sufficient to punish them and to deter similarly situated persons from like future conduct. COUNT ONE (Conspiracy to Assault and Battery/Aiding and Abetting Assault and Battery) 22, Plaintiff, Erik Hood, incorporates and realleges each and every allegation set forth in the foregoing paragraphs of this Complaint as though fully set forth fully hereinBaska RICHARDS FL aq 18 19 20 23. On January 24, 2015, Mr. Hood was physically attacked by five (5) men: Marcus Morris, Markieff Morris, Julius Kane, Christopher Melendez, and Gerald Bowman 24. On information and belief, Marcus Morris, Markieff Morris, Julius Kane, Christopher Melendez, and Gerald Bowman agreed to and did formulate a joint plan to attack Mr, Hood, as evidenced by their arriving together at the scene of the attack and the coordinated nature of their attack, Defendant Julius Kane drew Mr. Hood’s attention while one of the other attackers struck Mr. Hood in the back of the head, showing that the attack was pre-planned and organized. 25. As a direct result of Defendants’ conspiracy, Plaintiff Frik Hood suffered serious physical injuries from the attack, Plaintiff Erik Hood has also suffered extreme mental anguish, ongoing emotional harms, and physical pain, Plaintiff is informed and believes, and on that basis of information and belief alleges, that Plaintiff has suffered a permanent disability known was PTSD. 26. On information and belief, the Defendants aided and abetted the other Defendants in their physical attack on Erik Hood, including by distracting him, holding him, demanding that bystanders not come to his aid, and punching and kicking him in coordination with other Defendants. 27. As a direct result of Defendants’ conspiracy and their aiding and abetting the tortious actions of one another, Plaintiff was attacked, sustained severe physical and emotional injuries, was required to seek and obtain medical and other services and treatment, and, on information and belief, will in the future incur additional obligations for medical and other services and treatment, each in amounts to be determined by the proof at trial. Plaintiff, Erik Hood, is therefore entitled to recover all real, actual, compensatory, consequential and incidental damages resulting from the acts of Defendants alleged herein, and each of the Defendants are jointly and severally liable as a result of their conspiracy, and as a result of aiding and abetting the tortious conduct of the other Defendants, for all harms suffered by Mr. Hood.task £238 fae egal aed Faesimile 602-595-7800 BS 8 2S 28 28. Defendants’ acts were done knowingly, intentionally, willfully, with malice and evil intent, and intending to inflict serious physical and emotional harm upon Plaintiff, Erik Hood. Mr. Hood is therefore entitled to recover, in addition to his other damages, punitive damages as to and against all Defendants in amounts sufficient to punish them and to deter all other similarly situated persons from similar future conduct. COUNT TWO (Battery) 29. Plaintiff, Erik Hood, incorporates and realleges each and every allegation set forth in the foregoing paragraphs of this Complaint as though fully set forth herein. 30. Defendants acted intending to cause a harmful or offensive contact with the person of Mr. Hood, as evidenced by their chasing of and repeated punching, kicking, and stomping of him. 31. Mr. Hood posed no danger to the Defendants, and the Defendants’ actions were not done in self-defense. 32. As a direct and proximate result of Defendants’ conduct, Plaintiff Erik Hood suffered a harmful or offensive contact as evidenced by his multiple physical injuries, including but not limited to, the injuries alleged herein. Plaintiff Erik Hood has also suffered extreme mental anguish, ongoing emotional harm, and physical pain as a result of the Defendants’ conduct. Plaintiff is informed and believes, and on that basis of information and belief alleges, that Plaintiff has even suffered a permanent disability known was PTSD. 33. Asa direct and proximate result of Defendants’ conduct, Plaintiff was required to seek and obtain medical and other services and treatment, and, on information and belief, will in the future incur additional obligations for medical and other services and treatment, each in the amounts to be determined by the proof at trial. Plaintiff, Erik Hood, is therefore entitled to recover all real, actual, compensatory, consequential and incidental damages resulting from the acts of Defendants alleged hereinBaska RiciARDS FL 2901, Central Ave, St. 1150 Phoenix, AZ 85012, ‘Telephone 602-912-7979 Facsimile 602-595-7800 @ 34. Defendants’ acts were done knowingly, intentionally, willfully, with malice and evil intent, and intending to inflict serious physical and emotional harm upon Plaintiff, Erik Hood. Mr. Hood is therefore entitled to recover, in addition to his other damages, punitive damages as to and against all Defendants in amounts sufficient to punish them and to deter all other similarly situated persons from similar future conduct. COUNT THREE (Assault) 35. Plaintiff, Erik Hood, incorporates and realleges each and every allegation set forth in the foregoing paragraphs of this Complaint as though fully set forth herein. 36. Defendants’ acted intending to cause a harmful or offensive contact with the person of Mr. Hood, as evidenced by their chasing of him and repeatedly punching and kicking him in the course of a pre-meditated assault. 37. Mr. Hood posed no danger to the Defendants, and the Defendants’ actions were not done in self-defense. 38. Defendants’ acted intending to cause and did cause Plaintiff, Erik Hood, to suffer imminent apprehension of such contact when Defendants chased him, and repeatedly punched, kicked, and stomped him, 39. As a direct and proximate result of Defendants’ conduct, Plaintiff Erik Hood suffered an imminent fear of harmful physical contact and did suffer harmful and/or offensive contact as evidenced by his multiple physical injuries, including but not limited to, the injuries alleged herein. Plaintiff Erik Hood has also suffered extreme mental anguish, ongoing emotional harm, and physical pain as a result of the Defendants’ conduct. Plaintiff is informed and believes, and on that basis of information and belief alleges, that Plaintiff has even suffered a permanent disability known was PTSD. 40. Asa direct and proximate result of Defendants’ conduct, Plaintiff was required to seek and obtain medical and other services and treatment, and, on information and belief, will in the future incur additional obligations for medical and other services and treatment,il Baskas 2901 N. Cental ve, St. 1150 cach in the amounts to be determined by the proof at trial. Plaintiff, Erik Hood, is therefore entitled to recover all real, actual, compensatory, consequential and incidental damages resulting from the acts of Defendants alleged herein 41, Defendants’ acts were done knowingly, intentionally, willfully, with malice and evil intent, and intending to inflict serious physical and emotional harm upon Plaintiff, Erik Hood. Mr. Hood is therefore entitled to recover, in addition to his other damages, punitive damages as to and against all Defendants in amounts sufficient to punish them and to deter all other similarly situated persons from similar future conduct. COUNT FOUR (Intentional infliction of emotional distress) 42. Plaintiff, Erik Hood, incorporates and realleges each and every allegation set forth in the foregoing paragraphs of this Complaint as though fully set forth herein. 43. Defendants’ attack on Mr. Hood was extreme, vicious and outrageous, as evidenced by its surprise nature, the fact that it involved five individuals in a coordinated attack, and the fact that it was brutal and intensely violent and Defendants even prevented bystanders from coming to Mr. Hood’s aid. Defendants” conduct was therefore egregious and fell far below the minimum standards of conduct expected of persons in a civilized society. 44, Defendants intended to cause Plaintiff Erik Hood emotional distress including fear for his life as well as fear for his physical safety and health, or acted with reckless ich dis disregard that there was a near certainty that .ess would result from their conduct, 45, As a direct and proximate result of Defendants’ conduct, Plaintiff Erik Hood suffered an extreme, imminent and repeated fear and apprehension of attack and harm, and a severe and extreme fear for his physical security, safety and health, and he also suffered seriously harmful or offensive contact as evidenced by his multiple physical injuries, including, but not limited to, the injuries alleged herein, all of which further contributed to his sever and extreme fear, apprehension and emotional distress. Plaintiff Erik Hood has also1 12 13 2901 X Central Ave, Ste. 1150 Phoenix, AZ $5012 Telephone 602-812-7979 le 602-595-7800 suffered extreme mental anguish, ongoing emotional harm, and physical pain as a result of the Defendants? actions. Plaintiff is informed and believes, and on that basis of information and belief alleges, that Plaintiff has even suffered a permanent disability known was PTSD. 46, Asa direct and proximate result of Defendants’ conduct, Plaintiff was required to seek and obtain medical and other services and treatment, and, on information and belief, will in the future incur additional obligations for medical and other services and treatment, each in the amounts to be determined by the proof at trial, Plaintiff, Erik Hood, is therefore entitled to recover all real, actual, compensatory, consequential and incidental damages resulting from the acts of Defendants alleged herein. 47, Defendants’ acts were done knowingly, intentionally, willfully, with malice and evil intent, and intending to inflict serious physical and emotional harm upon Plaintiff, Erik Hood. Mr. Hood is therefore entitled to recover, in addition to his other damages, punitive damages as to and against all Defendants in amounts sufficient to punish them and to deter all other similarly situated persons from similar future conduct. WHEREFORE, Plaintiff Erik Hood prays for judgment in favor of Plaintiff and against each of the Defendants as follows: 1. Entering judgment in favor of Mr. Hood and against all Defendants, jointly and severally, on all applicable claims alleged herein; 2. Awarding Plaintiff Erik Hood his total damages, including without limitation, all his actual, compensatory, consequential and incidental damages, to include his pain and suffering, in an amount to be proven at trial; 3. Awarding Plaintiff Erick Hood punitive damages against Defendants, jointly and severally in an amount sufficient to punish the Defendants and to deter similarly situated persons from similar future conduct; 4. Awarding Plaintiff Erik Hood his reasonable attorneys’ fees against Defendants, jointly and severally, to the maximum extent allowed by law; 5. Awarding Plaintiff Erik Hood his taxable costs incurred in this action against allay ag A Ft az a 16 17 18 19 20 21 Defendants, jointly and severally; 6. Awarding Plaintiff Erik Hood interest on any and all amounts awarded from the carliest dates and at the highest rates allowed by law; and 7. Granting Plaintiff Erik Hood such other and further relief, at Iaw or in equity, as the Court may deem just and proper DATED this 23 Yay of October, 2016. BASKIN RICHARDS PLC William A. Richards Nicole C. Davis Leslie Ross 2901 N. Central Ave., Ste, 1150 Phoenix, AZ 85012 Attorneys for Plaintiffs