Case 2:10-cv-01834-ROS Document 1 Filed 08/26/10 Page 1 of 8

1 Marc J. Victor, P.C.

3920 S. Alma School Road, Suite 5
2 Chandler, Arizona 85248
3 Telephone: (480) 755-7110
Fax: (480) 755-8286
4 Marc J. Victor – SBN 016432
marc@attorneyforfreedom.com
5 Vicki A.R. Lopez – SBN 010426
6 vicki@attorneyforfreedom.com
Attorneys for Plaintiff
7
8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA
10
JASON WILLIAM SHELTON, a single man, ) Cause No.
11 )
Plaintiff, ) COMPLAINT
12 vs. )
13 ) (Jury Trial Demanded)
CITY OF SCOTTSDALE, a jural entity, )
14 KEITH ENGLISH and JANE DOE )
ENGLISH, husband and wife; ALLEN )
15
HALE and JANE DOE HALE, husband and )
16 wife; JOHN DOES I-X; and BLACK )
ENTITIES I-X, )
17 )
Defendants. )
18
)
19
Plaintiff JASON WILLIAM SHELTON (“Mr. Shelton”), by and through
20
undersigned counsel, hereby submits his Complaint against Defendants as follows:
21
1. Mr. Shelton is a single man currently residing in the County of Wyandotte,
22
State of Kansas.
23
2. Defendant City of Scottsdale (“City”) is a jural entity and a municipality
24
organized under the laws of the State of Arizona.
25
3. Scottsdale Police Department is an agency of Defendant City.
26
 Case 2:10-cv-01834-ROS Document 1 Filed 08/26/10 Page 2 of 8

1 4. Upon information and belief, Defendant KEITH ENGLISH (“English”) is

2 a married man who resides in the County of Maricopa, State of Arizona. At all times

3 relevant hereto, Defendant English was employed by Defendant City as an Officer

4 with the Scottsdale Police Department. All of the acts, omissions, or other conduct of

5 Defendant English, as described in this Complaint, were undertaken within the scope

6 and course of Defendant English’s employment with Defendant City.

7 5. Upon information and belief, Defendant ALLEN HALE (“Hale”) is a

8 married man who resides in the County of Maricopa, State of Arizona. At all times

9 relevant hereto, Defendant Hale was employed by Defendant City as an Officer with

10 the Scottsdale Police Department. All of the acts, omissions, or other conduct of

11 Defendant Hale, as described in this Complaint, were undertaken within the scope and

12 course of Defendant Hale’s employment with Defendant City.

13 6. Defendant City is responsible for the acts and omissions of its agents and

14 employees, including Scottsdale Police officers, acting within the scope of their

15 employment pursuant to the doctrine of respondeat superior.

16 7. Defendants JANE DOE ENGLISH and JANE DOE HALE are fictitious

17 name for the spouses of Defendants Anderson, English and Hale respectively, and

18 Plaintiff will amend the Complaint when their true and correct names are ascertained.

19 8. Defendants JOHN DOES I-X are and were, upon further information and

20 belief, married and residing in Maricopa County, Arizona, and at all times relevant

21 hereto were acting in furtherance of their marital communities. Said Doe Defendants

22 may include, but are not necessarily limited to, employees and agents of Defendant

23 City and the Scottsdale Police Department, who participated in the false arrest of and

24 other wrongful acts directed at Mr. Shelton.

25
26

2
 Case 2:10-cv-01834-ROS Document 1 Filed 08/26/10 Page 3 of 8

1 9. Said Defendants have, upon information and belief, helped to cause the

2 incidents alleged herein. The true names of John Does I-X are not known but will be

3 provided to this Court as they are learned.

4 10. Defendants Black Entities I-X are and were, upon information and belief,

5 entities which operate in and have substantial ties to Maricopa County, State of

6 Arizona. Said Defendants have, upon information and belief, helped to cause the

7 incident or accident alleged herein. The true names of Black Entities I-X are not

8 known but will be provided to the Court as they are learned.

9 JURISDICTION AND VENUE

10 11. The jurisdiction of this court is founded on Federal Question Jurisdiction

11 pursuant to 28 U.S.C. §1331. Jurisdiction is also founded under the Fourth, Fifth, and

12 Fourteenth Amendments to the United States Constitution, 28 U.S.C. §§1343 and

13 1367.

14 12. All acts and omissions by all individual defendants that are the subject of

15 this Complaint were done in Maricopa County, Arizona, making jurisdiction and

16 venue proper in this Court.

17 13. Mr. Shelton served a Notice of Claim in compliance with A.R.S. §12-

18 821.01 on February 20, 2009 upon the appropriate individuals, and Scottsdale Police

19 Department denied this claim by lack of response to Plaintiff’s Notice of Claim as of

20 April 21, 2009.

21 14. Mr. Shelton complied with the Notice of Claim requirements under State

22 law perfecting his right to pursue this claim before this Court.

23 FACTUAL BACKGROUND

24 15. On August 27, 2008 at 11:30 p.m., Mr. Shelton was video recording a

25 protest involving a photo radar van on East Shea Boulevard and 68th Street in

26

3
 Case 2:10-cv-01834-ROS Document 1 Filed 08/26/10 Page 4 of 8

1 Scottsdale, Arizona. At that time and place, Mr. Shelton was arrested for failure to

2 provide his name to a Scottsdale Police officer alleged to be Defendant English.

3 16. At that time and place, Mr. Shelton was not participating in the protest of

4 the photo radar van, but was standing on Shea Boulevard photographing others who

5 were demonstrating. Mr. Shelton was not engaging in any suspicious or criminal

6 activity of any time.

7 17. At that time and place, Defendant English had no reasonable suspicion

8 that Mr. Shelton had committed, or was about to commit a crime.

9 18. Nevertheless, at said place and time, Defendant English demanded Mr.

10 Shelton provide identification, which Mr. Shelton refused to provide. Because Mr.

11 Shelton refused to identify himself, Defendant English place Mr. Shelton under arrest.

12 19. Defendant English’s arrest was allegedly pursuant to A.R.S. § 13-2412A,

13 but was illegal because of Defendant English’s absence of any reasonable belief that a

14 criminal act had been, was to have been, or was about to have been committed.

15 20. As a result of this illegal arrest, Mr. Shelton was required to secure the

16 services of an attorney and proceed to a trial on the merits of the arrest, after being

17 charged with a violation of A.R.S. § 13-2412A. After a hearing on the merits of the

18 charges, the Court dismissed the case outright as having no foundation in the law

19 based on the sworn testimony of Defendant English.

20 21. Further, while incarcerated at the Scottsdale Jail, Mr. Shelton was

21 assaulted by Defendant Hale. This assault occurred while Mr. Shelton was objecting

22 to providing fingerprints to Defendant Hale. To force Mr. Shelton to submit to

23 fingerprinting, Defendant Hale kicked or stomped on Mr. Shelton’s left foot, causing

24 serious personal injury to his left lower extremity.

25 22. The above described illegal arrest and assault while incarcerated caused

26 Mr. Shelton significant personal injury, emotional distress and psychological trauma,

4
 Case 2:10-cv-01834-ROS Document 1 Filed 08/26/10 Page 5 of 8

1 and loss of enjoyment of life. Further, Mr. Shelton was required to seek medical care

2 and treatment.

3 23. Mr. Shelton sustained economic loss including, but not limited to, medical

4 expenses and costs.

5 COUNT ONE
42 U.S.C. § 1983
6
(As Against Defendants English and Hale)
7
24. Plaintiff alleges and incorporated the preceding paragraphs as stated
8
above.
9
25. Defendant English, by stopping Mr. Shelton without reasonable suspicion,
10
and by arresting Mr. Shelton without probable cause, violated Mr. Shelton’s rights,
11
pursuant to the Fourth, Fifth, and Fourteenth Amendments to the United States
12
Constitution.
13
26. While in Defendants’ physical custody, Defendant Hale used excessive
14
and unreasonable force in effecting the arrest or detention of Mr. Shelton, a further
15
violation of his Fourth, Fifth, and Fourteenth Amendments.
16
27. As a direct and proximate result of Defendants’ violation of Mr. Shelton’s
17
constitutional rights, Mr. Shelton has sustained damages, including, but not limited to,
18
pecuniary loss, mental anguish, permanent physical damage, and pain and suffering,
19
all in an amount to be proven at trial.
20
28. Defendants English and Hale’s wrongful acts were intended to cause Mr.
21
Shelton injury, or were motivated by spite or ill will, or said Defendants acted to serve
22
their own interests, having reason to know and consciously disregarding a substantial
23
risk that its conduct might significantly injure the rights of Mr. Shelton. Thus,
24
Defendants English and Hale’s wrongful acts, therefore, merit an award of exemplary
25
damages against them in their individual capacities in an amount to be proven at trial
26

5
 Case 2:10-cv-01834-ROS Document 1 Filed 08/26/10 Page 6 of 8

1 that is sufficient to punish the individual officers, and to deter the individual officers

2 and others from engaging in such wrongful acts in the future.

3 COUNT TWO
Negligence and Gross Negligence
4
29. Plaintiff alleges and incorporates the preceding paragraphs as stated above.
5
30. Defendants owed a duty of reasonable care to Mr. Shelton.
6
31. Defendants’ actions were negligent and grossly negligent, and Defendants
7
breached the duty of reasonable care.
8
32. Defendant City is responsible for the actions of its individual officers and
9
employees, including Defendants English and Hale, under the doctrine of respondeat
10
superior.
11
33. As a direct and proximate result of said Defendants’ breach of their duty
12
of care to Mr. Shelton as described herein, Mr. Shelton sustained serious and
13
substantial injury, for which he is entitled to redress from said Defendants.
14
15 COUNT THREE
False Arrest
16
34. Plaintiff alleges and incorporates the preceding paragraphs as stated above.
17
35. Defendants caused Mr. Shelton to be falsely arrested without lawful
18
authority.
19
36. Defendant City is responsible for the actions of its individual officers and
20
employees, including Defendants English and Hale, under the doctrine of respondeat
21
superior.
22
37. As a direct and proximate result of said Defendants’ false arrest, Mr.
23
Shelton sustained serious and substantial injury, for which he is entitled to redress
24
from said Defendants.
25
26

6
 Case 2:10-cv-01834-ROS Document 1 Filed 08/26/10 Page 7 of 8

1 COUNT FOUR
Assault and Battery
2
38. Plaintiff alleges and incorporates the preceding paragraphs as stated above.
3
39. Defendant Hale offensively touched Mr. Shelton and/or created
4
apprehension in Mr. Shelton of an offensive touching.
5
40. Defendant City is responsible for the actions of its individual officers and
6
employees, including Defendant Hale, under the doctrine of respondeat superior.
7
41. As a direct and proximate result of said Defendants’ assault of Mr. Shelton
8
as described herein, Mr. Shelton sustained serious and substantial injury, for which he
9
is entitled to redress from Defendants.
10
11 COUNT FIVE
Intentional Infliction of Emotional Distress
12
42. Plaintiff alleges and incorporates the preceding paragraphs as stated above.
13
43. The conduct of each Defendant as described herein was extreme and
14
outrageous, and was either intended to cause emotional distress to Mr. Shelton, or was
15
performed in reckless disregard of the certainty that such distress will result from their
16
conduct.
17
44. Mr. Shelton did, in fact, sustain severe emotional distress as a result of
18
Defendants’ wrongful conduct.
19
45. Defendant City is responsible for the actions of its individual officers and
20
employees, including Defendants English and Hale, under the doctrine of respondeat
21
superior.
22
46. As a direct and proximate result of said Defendants’ intentional infliction
23
of emotional distress, Mr. Shelton sustained serious and substantial injury, for which
24
he is entitled to redress from said Defendants.
25
26

7
 Case 2:10-cv-01834-ROS Document 1 Filed 08/26/10 Page 8 of 8

1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiff Jason Shelton prays for judgment against Defendants

3 as follows:

4 A. For compensatory, general and special damages in an amount to be proven

5 at trial;

6 B. For taxable costs and pre- and post-judgment interest to the extent

7 permitted by law;

8 C. For exemplary damages against the individual Defendants for the

9 intentional acts described above, or for those done recklessly or with

10 deliberate indifference as to Mr. Shelton’s civil rights violations;

11 D. For reasonable attorney’s fees and costs; and

12 E. For such other relief as the Court deems just and proper.

13 DEMAND FOR JURY TRIAL

14 Plaintiff respectfully requests a trial by jury on all issues in this matter triable to

15 a jury.

16 RESPECTFULLY SUBMITTED this 26th day of August, 2010.

17 MARC J. VICTOR, P.C.

18
By: /s/ Vicki A.R. Lopez
19 Marc J. Victor
Vicki A.R. Lopez
20 Attorneys for Plaintiff
21
22
23
24
25
26