Case 3:13-cv-01809-N Document 1 Filed 05/14/13

Page 1 of 5 PageID 1

IN THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RHONDA WELLS Plaintiff, v.

CIVIL ACTION NO.

RACHEL GRAHAM Defendant

PLAINTIFFS ORIGINAL COMPLAINT TO THE HONORABLE UNITED STATES DISTRICT JUDGE: COMES NOW, RHONDA WELLS, Plaintiff, complaining of RACHEL GRAHAM and for cause of action will respectfully show unto the Court as follows: I. 1. 2. Parties

Plaintiff is a resident of Dallas, Texas. Defendant is an individual residing in Tarrant County, Texas and may be served

with process at her residence located at 2425 Meadow Park Circle, Apt 8D, Bedford, Texas 76021. II. 3. Jurisdiction and Venue

The Court has original jurisdiction over this action pursuant to 28 U.S.C. 1331

and 1343 since Plaintiff is suing for relief under 42 U.S.C. 1983. Any state law claims are brought pursuant to 28 U.S.C. 1367 and are subject to this courts supplemental jurisdiction. Venue is proper in the Northern District of Texas pursuant to 28 U.S.C. 1391 because all or a substantial part of the cause of action accrued in the Northern District.

_____________________________________________________________________________________________ PLAINTIFFS ORIGINAL COMPLAINT Page |1

Case 3:13-cv-01809-N Document 1 Filed 05/14/13

Page 2 of 5 PageID 2

III. 4.

Facts and Allegations

On or about July 2, 2011, the Defendant was acting under the color of law in the

course of her duties as a Dallas County detention officer. On or about said date, Plaintiff was arrested for driving while intoxicated and was transported to the Dallas County Jail. 5. While she was being booked in1, the Plaintiff was handcuffed. At this time the

video shows Plaintiff being friendly and talkative as Defendant inventoried her property from her purse. During this time, Defendant instructed Plaintiff to stand on a section of the floor that was painted in red. It is presumed that this marked area is where persons in custody are supposed to stand and remain during the book-in process. 6. After remaining in the painted area for several minutes, Plaintiff took one step

over the line in an effort to either see or speak to either the Defendant or the other detention officer who was close by. The Defendants reaction to this was swift and violent. The

Defendant grabbed the Plaintiff and jerked her back to the line, then Defendant violently and maliciously executed a leg bar take-down on the hand-cuffed Plaintiff. The Defendants swift take-down of Plaintiff caused her body to invert and her face, chin and headed slammed into the floor. Defendants actions knocked Plaintiff unconscious causing head and face trauma,

bleeding, and shattered and broken teeth. 7. Though it would have been obvious to any reasonable officer in the circumstance

presented to Defendant that once Plaintiff was brought back to the line that no further use of force was necessary, Defendant made the conscious decision to act as described above. 8. The Dallas County District Attorneys Office filed the felony charge of official

oppression against the Defendant. The Defendant subsequently signed a judicial confession admitting in pertinent part that:
1

The entire book-in process was captured on video surveillance cameras _____________________________________________________________________________________________ PLAINTIFFS ORIGINAL COMPLAINT Page |2

Case 3:13-cv-01809-N Document 1 Filed 05/14/13

Page 3 of 5 PageID 3

On the 2nd day of July A.D., 2011, in Dallas County, Texas, I did unlawfully, then and there intentionally subject Rhonda Schwartz [Wells], hereinafter called complainant, to mistreatment that the defendant knew was unlawful, to-wit: defendant used her leg to trip complainant which cause the complainant to fall and strike the floor, and the defendant was then and there acting under color of her employment as a Dallas County Detention Officer. IV. Causes of Action A. Violation of 42 U.S.C. 1983 Et. Seq., Fourth and Fourteenth Amendment to the United States Constitution I. 9. Excessive Force Claims Plaintiff re-alleges and restates all of paragraphs 4 through 6 of this Complaint

and incorporates each of said paragraphs herein by reference. The Defendant had actual notice of the injuries suffered by Plaintiff. Any conditions precedent have occurred, been performed, or have been waived. 10. Acting under the color of law, the Defendant has deprived Plaintiff of the rights

and privileges secured to her by the Fourth and Fourteenth Amendments to the United States Constitution and by other laws of the United States to be free from unreasonable seizures, including the use of excessive force. 11. No reasonable detention officer in the place of Defendant could have believed it

necessary to use the degree of force that was used against Plaintiff. Additionally, Defendants use of force against a person handcuffed was unnecessary and unreasonable under the circumstances. 12. use of force. Defendant signed a judicial written confession admitting the unlawfulness of her

_____________________________________________________________________________________________ PLAINTIFFS ORIGINAL COMPLAINT Page |3

Case 3:13-cv-01809-N Document 1 Filed 05/14/13

Page 4 of 5 PageID 4

V. 13.

Damages

As a direct and proximate result of the occurrence made bases of this lawsuit,

Plaintiff was forced to suffer severe physical injuries, pecuniary loss, and mental anguish in an amount of not less than $75,000.00: a. b. c. d. 14. Medical/Dental Bills in the past and future; Emotional distress, torment, and mental anguish in the past and in the future; Physical pain and suffering in the past and in the future Lost wages and loss of earning capacity. Pursuant to 42 U.S.C. 1983 and 1988, Plaintiff seeks to recover, and hereby

request the award of exemplary damages, reasonable attorneys fees and costs of court. VI. Jury Request 15. Plaintiff respectfully requests a jury trial.

VII.

Prayer

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that judgment be rendered against Defendant, for amount in excess of jurisdictional minimum of this court. Plaintiff further prays for all other relief, both legal and equitable, to which they may show themselves justly entitled. Respectfully submitted, /S/ Scott H. Palmer SCOTT H. PALMER State Bar No. 00797196 J.R. FLETCHER State Bar No. 24038304 SCOTT H. PALMER, P.C. 15455 Dallas Parkway, Suite 540, LB 32
_____________________________________________________________________________________________ PLAINTIFFS ORIGINAL COMPLAINT Page |4

Case 3:13-cv-01809-N Document 1 Filed 05/14/13

Page 5 of 5 PageID 5

Dallas, Texas 75001 Tel: (214) 987-4100 Fax: (214) 922-9900 Attorneys for the Plaintiff

_____________________________________________________________________________________________ PLAINTIFFS ORIGINAL COMPLAINT Page |5