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USDC IN/ND case 1:16-cv-00282 document 1 filed 07/20/16 page 1 of 4

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
GINA DODSON, on behalf of J.D., her minor)
child and J.D., a minor child,
)
)
PLAINTIFFS,
)
)
v.
)
)
ROBERT HOLLO,
)
)
DEFENDANT.
)

Cause No. 1:16-cv-282


JURY TRIAL REQUESTED

COMPLAINT
I. Nature of Case
1.

This lawsuit seeks money damages against Fort Wayne Police Officer Robert Hollo for
using excessive force against J.D., a minor, when he shot the unarmed J.D. in the back on
June 21, 2016, in a vacant field across from J.D.s house in Fort Wayne, Indiana. This
claim is being brought by Plaintiffs Gina Dodson on behalf of J.D., her minor child, and
by J.D.
II. Jurisdiction and Venue

2.

This action is brought pursuant to 42 U.S.C. 1983 and is premised on the Fourth
Amendment to the United States Constitution.

3.

This Court has original subject matter jurisdiction of the federal question presented
pursuant to 28 U.S.C. 1331 and 1343.

4.

Venue is proper in this Court and Division, pursuant to 28 U.S.C. 1391, because the
events giving rise to this action occurred in, and the defendant is a resident of, Allen
County, Indiana, which is located in the Fort Wayne Division of the Northern District of
Indiana.

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III. Parties
5.

Plaintiff Gina Dodson is an adult resident of Indiana.

6.

Plaintiff J.D. is Gina Dodsons 17 year-old minor child who resides with her and is also a
resident of Indiana.

7.

Defendant Robert Hollo is an adult resident of Indiana and is a police officer employed
by the City of Fort Wayne. He is sued in his individual capacity for both compensatory
and punitive damages.

IV. Facts
8.

On June 21, 2016, at approximately 1:25 p.m., J.D. was standing outside in front of his
house with his 15 year-old cousin K.W., and his stepfather, Nigel Sims, in the 2800 block
of Smith Street in Fort Wayne, Indiana.

9.

At that time Fort Wayne Police Officer Robert Hollo was sitting in an unmarked police
vehicle parked in a nearby alley located adjacent to an empty field across the street from
the Dodsons home.

10.

When J.D. and K.W. noticed Hollos vehicle, they crossed the street in front of J.D.s
house and began walking toward the vehicle to get a closer look.

11.

As they got closer, Officer Hollo began to drive aggressively toward them, and both boys
proceeded to run in opposite directions away from the car.

12.

J.D. ran into the nearby field, and K.W. ran back toward his nearby home.

13.

Officer Hollo then stopped and exited his vehicle, drew his gun, and fired four shots at
J.D., one of those shots hitting J.D. in the back as he was running away.

14.

Neither J.D. nor his cousin K.W. was armed or ever threatened Officer Hollo.
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15.

J.D. suffered serious injuries as a result of the gunshot wound and was transported to a
nearby hospital for treatment.

16.

The bullet is still lodged in J.D.s back, too close to his spine to remove it without risking
further injury to J.D.

17.

J.D. committed no crime and was not arrested after the incident.

18.

Defendant Officer Hollo was acting under color of state law.

V. Claims
19.

Defendant Hollos actions constituted an unreasonable seizure accomplished by


excessive force in violation of the Fourth Amendment to the United States Constitution,
actionable pursuant to 42 U.S.C. 1983.

20.

Plaintiffs reserve the right to proceed with any and all claims, which the facts averred in
this Complaint support, pursuant to the notice pleading requirement of Federal Rule of
Civil Procedure 8.
VI. Jury Trial Requested

21.

Plaintiffs request a jury trial on their claims.


VII. Relief Requested

22.

Plaintiffs seek all relief available under the law, including compensatory and punitive
damage, attorney fees and costs, and all other appropriate relief.

Respectfully submitted,
Dated: July 20, 2016

/s/ Richard A. Waples


Richard A. Waples
Attorney for Plaintiff
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USDC IN/ND case 1:16-cv-00282 document 1 filed 07/20/16 page 4 of 4

WAPLES & HANGER


410 N. Audubon Road
Indianapolis, Indiana 46219
TEL: (317) 357-0903
FAX: (317) 357-0275
EMAIL: rwaples@wapleshanger.com

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