Tillman Complaint Amended Final VRC

1
2
3
4
5
6
7
8
SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR PIERCE COUNTY
10
11
12
13
14
15
16
17
18
MONIQUE CHARLENE TILLMAN and ERIC

BRANCH,
Plaintiffs,
v.
NO.: 16-2-07705-1
AMENDED COMPLAINT FOR
DAMAGES
JARED WILLIAMS, JOSHUA McKENZIE,

HENRY KNAACK, TACOMA POLICE
CHIEF DONALD RAMSDELL, THE CITY
OF TACOMA, SIMON PROPERTY GROUP,
UNIVERSAL PROTECTION SERVICES,
INC., and JOHN and JANE DOES 1 - 10,
19
20
21
I. NATURE OF THE CASE-INTRODUCTION
22
Plaintiffs Monique Tillman (Tillman) and Eric Branch (Branch) bring this action
23
against the City of Tacoma and at least two of its police officers, and others, for the physical
24
and emotional injuries caused by the Defendants when Defendant Williams attacked Tillman
25
26
as she and Branch rode their bikes through the Tacoma Mall parking lot. Video surveillance
27
of the attack can be viewed at https://youtu.be/CgMaidFegy4. Plaintiff Tillman also raises
28
claims against the City of Tacoma and Defendants Williams and McKenzie for unlawful
29
30
AMENDED COMPLAINT FOR DAMAGES - 1
TAMAKI LAW OFFICES

2200 112th Avenue NE, Suite 200
Bellevue, WA 98004
425-679-6421
arrest, malicious prosecution, unlawful imprisonment and intentional infliction of emotional
distress. Plaintiff Branch brings claims of unlawful arrest and intentional infliction of
3
4
emotional distress. Plaintiffs Tillman and Branch bring claims against the City of Tacoma for
the acts of the Defendant Officers and for the City of Tacomas policy, practice and custom
which causes its police officers to attack citizens, including minors like Plaintiffs Tillman and
7
8
Branch, in violation of their civil rights. The Plaintiffs also bring claims against Defendants
Simon Properties and Universal Protection Services and their employee, Henry Knaack, a
10
security guard employed by Defendants Universal Protection Services and Simon Properties,
11
12
for instigating the attack on Plaintiffs, negligence, violation of civil rights and other claims.
This complaint is brought pursuant to 42 U.S.C. 1983 and 1988 and supplemental
13
14
state-law claims.
15
II. PARTIES
16
17
18
19
20
21
22
23
24
25
26
27
28
29
2.1.
On May 24, 2014, Plaintiff Monique Charlene Tillman was a minor, African-
American female who at all material times was a resident of Tacoma, Pierce County, State of
Washington. Ms. Tillman is now over the age of 18 years.
2.2.
On May 24, 2014, Plaintiff Eric Branch was a minor, African-American male
who at all material times was a resident of Tacoma, Pierce County, State of Washington. Mr.
Branch is now over the age of 18 years. Plaintiff Branch is Plaintiff Tillmans brother.
2.3.
The City of Tacoma Police Department, at all relevant times, was an agency of
the City of Tacoma which operates, administers, and is responsible for the department. The
City of Tacoma Police Department provides, among other services, law enforcement services
to the residents, visitors, and businesses of the City of Tacoma. The City of Tacoma is a
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
municipal corporation incorporated under the laws of the State of Washington. The City of
Tacoma, at all relevant times, employed Defendants Williams, McKenzie, and John and Jane
3
4
5
6
7
8
9
10
11
12
13
14
15
Doe Defendants.
2.4
Defendant Jared Williams, at all relevant times, was a police officer employed
by the City of Tacoma, who, during the events alleged herein, was working as a Tacoma
police officer and in an off-duty capacity for Defendant Universal Protection Services and
Defendant Simon Property Group at the Tacoma Mall, Tacoma, Pierce County, State of
Washington.
2.5.
Defendant Joshua McKenzie, at all relevant times, was a police officer
employed by Defendant City of Tacoma.

2.6.
Defendant Henry Knaack, at all relevant times, was a private security guard
employed by Defendant Universal Protection Services to provide security at the Tacoma Mall
16
17
which is owned and operated by Defendant Simon Properties, Tacoma, Pierce County,
18
Washington.
19
2.7.
20
21
22
23
24
25
Chief Donald Ramsdell was at all relevant times, employed by the Defendant
City of Tacoma as the Chief of Police for the Tacoma Police Department.
2.8.
Defendant Simon Property Group, a Delaware corporation, identifies itself as a
global leader in retail real estate ownership, management and development and a Standard
& Poor 100 company whose stock is traded on the New York Stock Exchange under the
26
abbreviations: SPG. Defendant Simon Property Group owns and operates the Tacoma Mall
27
and employed Defendant Universal Protection Services to provide security for the Tacoma
28
29
Mall.
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
2.9.
Defendant Universal Protection Services, Inc., was founded in 1965. Along
with its affiliates, Defendant Universal Protection Services, Inc., also operating as Universal
Protection Service, LP, and Universal Protection Service of Seattle, LLC, provides private
security to companies who contract with it for such services. Defendant Universal Protection
Services is headquartered in California but conducts business in the State of Washington.
7
8
9
10
11
12
13
Defendant Universal Protection Services provides private security to Defendant Simon

Property Group at the Tacoma Mall.
2.10.
Defendants John and Jane Does 1-10 are Tacoma Police Officers and/or
Universal Protection Services security officers who as yet have not been identified who were
employed by Defendants Simon and Universal who took part in the events alleged herein.
14
15
III.
3.1.
JURISDICTION AND VENUE
All of the acts and omissions of Defendants occurred in the City of Tacoma,
16
17
Pierce County, State of Washington. Therefore jurisdiction and venue are proper in the Pierce
18
County Superior Court.
19
Plaintiffs federal claims pursuant to 42 U.S.C. section 1983. See, Howlett v. Rose, 496 U.S.
20
21
The Pierce County Superior Court also has jurisdiction over
356, 358 (1990).

IV.
22
23
24
25
26
27
4.1.
FACTS
On May 24, 2014, Plaintiff Monique Charlene Tillman (Plaintiff Tillman) was
fifteen (15) years old. She is an African American female.

4.2.
On May 24, 2014, Plaintiff Tillman and her brother Plaintiff Branch were
riding their bicycles through the Tacoma Mall parking lot on their way home.
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
5
6
7
8
9
10
11
12
4.3.
As they rode their bikes through the Tacoma Mall parking lot, Plaintiffs
Tillman and Branch were targetted by mall security officer Defendant Henry S. Knaack and,
later, Defendant Williams.
4.4.
Defendant Williams stopped Plaintiffs by driving his Tacoma Police
Department cruiser directly behind them as they biked their way across the Tacoma Mall
parking lot and deploying the cruisers air horn several times.
4.5.
At the time Plaintiffs were forcefully stopped by Defendants Williams and
Knaack, Defendant Williams was wearing a Tacoma Police Department issued uniform and
badge, driving a Tacoma Police Department cruiser, utilizing Tacoma Police Department
13
equipment, including a side arm, handcuffs or hand restraints, and Taser. Mr. Knaack was
14
wearing a uniform which identified him as a security guard for Defendant Universal
15
Protection Services and/or Defendant Simon Properties.
16
17
4.6.
Neither Defendant Knaack nor Defendant Williams had seen Plaintiffs engage
18
in any criminal activity prior to Defendant Knaack and Defendant Williams stopping
19
Plaintiffs.
20
21
22
23
24
25
26
27
4.7.
Defendant Williams exited his police cruiser and approached Plaintiff after she
stopped in response to his commands and the activation of the cruisers air horn.
4.8.
Plaintiff Tillman asked why Defendant Williams had stopped her and her
brother.
4.9.
Defendant Williams allegedly responded that Plaintiffs were causing a
disturbance and were being trespassed from the Mall because of their disruptive behavior.
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
5
6
7
8
9
10
11
12
4.10.
Plaintiff Tillman responded that she believed was being harassed because of
the color of her skin. After some additional verbal exchanges, Plaintiff Tillman attempted to
disengage and continue biking on her way home.
4.11.
When Plaintiff Tillman attempted to pedal her bike away from the encounter
with Defendant Williams and Defendant Knaack, Defendant Williams erupted and began
brutalizing this 15 year old girl. See video at https://youtu.be/CgMaidFegy4.
4.12.
Defendant Williams tossed Plaintiff Tillman around like a childs doll,
slamming her into parked vehicles, forcefully shoving his hand and forearm into her chest,
grabbing her by the hair and body slamming her into the pavement. Once Defendant Williams
13
had flung Plaintiff Tillman to the ground, he deployed his Taser, sending painful electric
14
shocks through Plaintiff Tillman.
15
4.13.
Plaintiff Branch was horrified by Defendant Williams brutalization of his
16
17
18
19
20
21
22
23
24
25
26
27
28
29
sister and attempted to come to her aid.

4.14.
When Plaintiff Branch tried to help his sister, Defendant Williams ordered
Plaintiff Branch to back off and pointed his Taser at him, threatening to deploy it.
4.15.
Defendant Knaack either grabbed or shoved Plaintiff Branch to the ground
after Plaintiff Branch backed away from Defendant Williams.

4.16.
Defendant Knaack and/or John Doe 1, another employee of Defendant
Universal Protection Services and/or Defendant Simon Properties, placed wrist restraints on
Plaintiff Branch and immobilized him.
4.17.
Defendant Williams and/or John Doe 2 then handcuffed Plaintiff Tillman and
put her into a Tacoma Police Department patrol car.
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
5
6
7
8
4.18.
Plaintiff Tillman from the back seat of the patrol car, bent her over the trunk of the patrol car
and reapplied the handcuffs that had been used previously.
4.19.
Plaintiff Tillman to be charged with assaulting a police officer, resisting arrest and
obstructing.
10
4.20.
12
After consulting with a supervisor with the Tacoma Police Department,
Defendant Williams wrote a report which contained false information and which caused
9
11
After a short period of time, Defendant Police Officer Joshua McKenzie pulled
Defendant Williams never sought any treatment for any alleged injuries caused
by Plaintiff Tillman because there were no such injuries.
13
4.21.
Plaintiff Tillman was booked into Rehman Hall and detained.
14
4.22.
Plaintiff Tillman, by and through her family, engaged a criminal defense
15
lawyer to respond and defend against the charges brought against her in juvenile proceedings
16
17
and which could have resulted in her incarceration.
18
4.23.
Plaintiff Tillman went to trial on the charges brought against her and prevailed.
19
4.24.
Defendant Williams was not sanctioned or disciplined for his use of excessive
20
21
22
23
24
25
26
and unreasonable force against Plaintiff Tillman.

4.25.
Defendant City of Tacoma indicated that Defendant Williams conduct was
appropriate and thereby ratified Williams conduct. A spokesperson for the City of Tacoma
Police Department indicated that Defendant Williams was justified in his use of force and
could have used more force than what was actually employed against Plaintiff Tillman.
27
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
5
6
7
8
4.26.
Defendant Williams actions were conducted during and in the course of his
employment with Defendant City of Tacoma, and/or Defendant Universal Protection Service,
and/or Defendant Simon Property Group.
4.27.
Defendant City of Tacoma, Universal Protection Services, and Simon Property
Group employed, trained, and/or supervised Defendant Williams.

4.28.
Defendant Williams actions were conducted pursuant to official police
department policies, practices, customs, and procedures promulgated, adopted or ratified by
10
Defendant Tacoma Police Department as well as policies, practices, customs, and procedures
11
12
13
14
15
promulgated, adopted or ratified by Defendant Universal Protection Services, and/or

Defendant Simon Properties.
4.29.
Defendant McKenzies actions were conducted during and in the course of his
employment with Defendant Tacoma Police Department.
16
17
4.30.
18
McKenzie.
19
4.31.
20
21
22
23
24
25
Defendant the City of Tacoma employed, trained, and supervised Defendant
Defendant McKenzies actions were conducted pursuant to official police
department policies, practices, customs, and procedures promulgated, adopted or ratified by

Defendant Tacoma Police Department.
4.32.
Defendant Donald Ramsdell, is the Tacoma Police Chief and is in charge of
establishing procedures, practices, and policies to insure that police officers employed by
26
Defendant Tacoma Police Department use proper constitutional procedures when contacting
27
civilians, including but not limited to, not using excessive force when effectuating a detention
28
29
or an arrest.
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
5
6
7
8
4.33.
that are substantially certain to result in the kind of constitutional violations and harm that
were inflicted on Plaintiffs Tillman and Branch.
4.34.
Upon information and belief, the City of Tacoma observes the following
unconstitutional polices although its administrators are aware of the need for different and
better policies.
4.34.1. Supervisors and administrators routinely approve or ratify abusive,
9
10
Upon information and belief, the City of Tacoma employs policies and training
excessive, and unnecessary uses of force, as was done in this case;
11
4.34.2. Supervisors and administrators routinely fail to refer unlawful uses of
12
13
force by police officers to state or federal prosecutors for appropriate action, as they so failed
14
to do in this case, as they did in this case;
15
4.34.3. Supervisors and administrators routinely permit officers who abuse
16
17
18
citizens and violate their rights to remain employed with the City of Tacoma and commit
repeated abuse, as occurred in this case;
19
20
21
22
4.34.4. Police officers routinely charge arrestees with acts of resistance or

violence when the officers have used violence against the arrestee, regardless of merit, as
occurred in this case;
23
24
25
26
27
4.34.5. Police officers routinely fabricate reports to cover unlawful uses of

force and to substantiate false claims and charges or intimidate witnesses.
4.35.
The City of Tacoma is responsible for most of the officers practical day to day
training through on the job training with senior officers.
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
4.36.
training practices although its administrators are aware of a need for different and better
training:
4.36.1 Officers are allowed to verbally escalate conflicts with arrestees in
5
6
order to get to a level of force that causes an arrestee fear and pain to teach compliance;
4.36.2. Officers are allowed to use overwhelming force so that virtually all risk
8
9
of serious injury will be to the citizen who is the subject of the use of force;
10
11
12
13
4.36.3. An example of the City of Tacomas permissive use of force training

and practices can be seen from the City of Tacomas position in this case that Defendant
Williams was entitled to use more force than he actually used on Plaintiff Tillman;
14
15
Upon information and belief, the City of Tacoma engages in the following
4.36.4. Officers are allowed to make reporting and charging decisions that
operate as cover for improper arrests and improper uses of force, as occurred in this case.
16
4.36.5. Officers are trained to cover for each other to avoid discipline.
17
18
19
20
21
22
23
24
25
26
4.37.
As a direct and proximate cause of the above acts, Plaintiff Tillman suffered
physical injuries, including, injuries to her shoulders, head, back and wrists, and painful
electrical shocks.
4.38.
As a direct and proximate cause of the above acts, Plaintiff Tillman suffered
severe emotional distress, including, but not limited to, nightmares, loss of sleep, fear of
incarceration, embarrassment in being arrested, profound fear and distrust of the police and
loss of personal security.
27
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
5
6
7
8
4.39.
As a direct and proximate cause of the above acts, Plaintiff Tillman and her
family had to engage a criminal defense lawyer to defend against Defendants charges of
assault against a police officer and resisting arrest.
4.40.
As a direct and proximate cause of the above acts, Plaintiff Tillman continues
to suffer injuries including, severe emotional distress and loss of enjoyment of life.
4.41.
As a direct and proximate cause of the above acts, Plaintiff Branch suffered
severe emotional distress, including nightmares, loss of sleep, fear of incarceration,
10
embarrassment for being accosted and handcuffed, profound fear and distrust of the police,
11
12
and loss of personal security.
13
4.42.
14
to Plaintiffs.
15
4.43.
Defendants are jointly and severally liable for all damages proximately caused
Plaintiffs have fully complied with the requirements of R.C.W. 4.92.010 and
16
17
provided notice the City of Tacoma regarding these claims.

V.
18
19
20
21
22
5.1.
The acts and omissions of all Defendants proximately caused Plaintiffs to
suffer physical injuries, physical and mental pain and suffering, embarrassment and
discomfort, and loss of enjoyment of life.
23
VI. NEGLIGENCE
(Against the City of Tacoma and Defendant Williams)
24
25
STATEMENT OF DAMAGES
6.1.
These allegations for common law negligence under state law share and arise
26
27
out of a common nucleus of operative facts with violations of 42 U.S.C. 1983.
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
5
6.2.
Under state law, Defendant City of Tacoma, and Defendant Officer Williams,
jointly and severally had a duty to exercise ordinary care when contacting and arresting
Plaintiff Tillman on May, 24, 2014.
6.3.
With regard to the City of Tacoma, the City had an affirmative duty to
6
7
Plaintiffs Tillman and Branch to: (1) train its law enforcement officers in lawful procedure;
(2) implement policies to prevent the use of extreme and unnecessary excessive force; (3)
supervise and discipline its officers which included preventing them from using excessive
10
11
12
force; (4) uphold the constitutional rights of persons contacted in the community.
6.4.
Defendant Williams failed to use ordinary care in his treatment of Plaintiff
13
14
15
Tillman, as described above, and thereby breached his duty of ordinary care to Plaintiff
Tillman.
16
17
18
6.5.
At all relevant times, Defendant Williams was acting under color law in his
capacity as an employee of Defendant City of Tacoma.
19
20
21
6.6.
The City of Tacoma was negligent and breached its duty of ordinary care owed
to Plaintiffs, causing them injury.
22
VII. ASSAULT
(Against Defendants Williams)
23
24
25
7.1.
Defendant Police Officer Williams intentionally, viciously, and unjustifiably
26
attacked Plaintiff Tillman. As described above, Defendant Williams intentionally put Plaintiff
27
Tillman in fear of an imminent, unwanted touching which constituted an assault.
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
7.2.
As described above, Defendant Williams intentionally put Plaintiff Branch in fear of an

imminent, unwanted touching which constituted an assault.
VIII. BATTERY
(Against Defendants Williams and Knaack)
5
6
7
8
9
10
11
12
13
Defendant Police Officer Williams unjustifiably threatened Plaintiff Branch.
8.1.
Defendant Police Officer Williams intentionally, viciously, and unjustifiably
attacked Plaintiff Tillman. Defendant Williams unwanted and unprovoked attack, as

described above, and as depicted in the surveillance video, constituted unlawful battery
rendering him liable to Tillman.
8.2.
Defendant Knaack intentionally shoved Plaintiff Branch to the ground as
Defendant Police Officer Williams attacked Plaintiff Tillman. Defendant Knaacks conduct
14
15
16
constituted unlawful battery rendering him liable to Branch.

IX.
17
18
19
20
21
22
23
24
25
9.1.
OUTRAGE; INTENTIONAL OR RECKLESS INFLICTION OF EMOTION

DISTRESS
(Against Defendant Williams)
When Defendant Williams attacked Tillman, as described above, and caused
false criminal charges to be brought against her, he intended to inflict emotional distress, or he
knew or should have known that there was a high probability that his conduct would cause
emotional distress and he deliberately disregarded that probability.
9.2.
The conduct of Defendant Williams went beyond all possible bounds of
decency, were and are utterly intolerable in a civilized community such that no reasonable
26
27
person could be expected to endure it.
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
9.3.
1
2
The conduct of Defendant Williams constitute intentional infliction of
emotional distress and outrage.
9.4.
Defendant Williams unjustified, brutal, and outrageous conduct against
Tillman occurred in the immediate presence of her brother Plaintiff Branch who was being
restrained by Defendant Knaack and others.
X.
FALSE IMPRISONMENT
(Against Defendants Williams, McKenzie, Knaack and John Doe Defendants)
8
9
10.1.
10
11
12
13
14
15
Defendant Police Officers Williams, McKenzie, Security Officer Knaack, and
John and Jane Doe Defendants intentionally confined Plaintiff Tillman against her will after
Defendant Williams attacked her, as described above, without a warrant, reasonable suspicion,
probable cause, or any pretense of legal process, and intentionally and wrongfully confined
and imprisoned her, depriving her of her liberty.
16
10.2.
17
18
19
20
21
Jane Doe Defendants intentionally confined Plaintiff Branch against his will, as described
above, without a warrant, reasonable suspicion, probable cause, or any pretense of legal
process, depriving him of his liberty.
22
23
24
Defendant Police Officer Williams, Security Officer Knaack, and John and
10.3.
Defendant Williams testified at trial that when he first contacted Tillman, he
had not observed her committing any crime. Defendant McKenzie similarly did not observe
25
Tillman commit any crime. Defendant Knaack similarly did not observe Tillman or Branch
26
commit any crime.
27
//
28
29
//
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
XI.
1
2
3
4
5
6
7
8
11.1.
MALICIOUS PROSECUTION
(Against Defendant Williams)
Acting without a warrant, Defendant Williams stopped and detained Plaintiffs
Tillman and Branch without probable cause or reasonable suspicion that they were engaged in
criminal activity and then viciously attacked Tillman and arrested her without probable cause.
11.2.
Following his attack on and arrest of Tillman, Defendant Williams initiated or
caused to be initiated and/or continued a prosecution against her.
9
10
11
12
13
14
15
16
17
18
19
11.3.
Defendant Williams initiation and/or continuation of the prosecution of
Tillman was motivated by malice and an unlawful purpose, that is to intimidate Tillman and
prevent her from filing a lawsuit, making a complaint with the City of Tacoma against him
and other officers involved, or, otherwise for his attack on Tillman.
11.4.
The prosecution against Tillman was ultimately terminated in her favor after
trial by way of an order from the Superior Court dismissing the charges against her.
11.5.
The prosecution was utterly lacking in probable cause as evidenced by the fact
20
that Defendant Williams testified that before contacting Tillman and Branch, he was not
21
investigating any crime and had observed no criminal conduct on the part of either Tillman or
22
23
24
25
26
27
Branch.
11.6.
As alleged above, as a direct and proximate result of Defendant Williams
conduct, Tillman suffered damage including but not limited to emotional distress, humiliation,
and fear of incarceration.
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
XII.
1
2
3
4
12.1.
VIOLATION OF 42 U.S.C. 1983 EXCESSIVE USE OF FORCE

(Against Defendant Police Officers Williams)
By engaging in the conduct described above, Defendant Williams interfered
with and deprived Plaintiff Tillman of her exercise and enjoyment of civil rights, secured
under the Constitution of the United States, all in violation of 42 U.S.C. 1983.
7
8
9
10
11
12
12.2.
Each of the Defendant Officers either violated Plaintiffs civil rights directly or
failed to intervene to prevent the violation, though they had the ability to do so.
12.3.
All of the officers and security guards on scene acted jointly and in concert.
12.4.
The unprovoked attack, tackling, seizing, detaining, physically abusing and
13
Tasering of Plaintiff Tillman by Defendant Williams constituted the use of excessive and
14
unreasonable force in violation of Tillmans clearly established constitutional rights
15
guaranteed by the United States Constitution, including but not limited to the Fourth, Eighth
16
17
18
19
20
21
and Fourteenth Amendments. In so doing, the Defendant Officer intended to inflict and did
inflict, serious physical and emotional injuries to Tillman.
12.5.
The aforesaid acts of Defendants were performed knowingly, intentionally, and
maliciously, and/or were performed in a reckless manner with callous indifference to the
22
health, safety and civil rights of Plaintiff Tillman, by reason of which Ms. Tillman is entitled
23
to an award of punitive damages.
24
XIII. DELIBERATE INDIFFERENCE UNDER 42 U.S.C. 1983

(Against the City of Tacoma and Defendant Donald Ramsdell)
25
26
27
28
13.1.
Defendant City of Tacoma is liable to Plaintiff Tillman because it was
deliberately indifferent to a known risk of harm due to Fourth Amendment violations to Ms.
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
Tillman or others in her situation and yet failed to act reasonably to abate the harm.
13.2.
Defendant City of Tacomas failure to train, investigate, supervise, sanction or
discipline its officers who engaged in the unlawful conduct described above, including
Defendants Williams and McKenzie, has become a matter of custom, policy, practice or
pattern to the point that it encouraged, gave tacit approval to and caused Williams, McKenzie
7
8
and others to continue to engage in unlawful, unconstitutional conduct, including the attack on
Ms. Tillman.
10
13.3.
As a result, Plaintiffs Tillman and Branch suffered damages as noted above.
13.4.
Faced with juvenile court charges Plaintiff Tillman and/or her family engaged
11
12
13
14
15
a criminal defense lawyer to defend her against such in juvenile court.

13.5.
As it was necessary for Plaintiffs to hire undersigned attorneys to file and
prosecute this lawsuit and they are obligated to pay them a reasonable fee, Plaintiffs are
16
17
18
19
20
21
22
entitled to an award of attorneys fees and costs of litigation.

13.6.
negligence of the Defendant City of Tacoma, Plaintiffs Tillman and Branch were deprived of
their constitutional rights in violation of 42 U.S.C. 1983. Plaintiffs have been damaged as a
result as set forth above.
23
XIV. VIOLATION OF 42 U.S.C. 1983

(Against Defendant City of Tacoma and Defendant Ramsdell-Ratification)
24
25
26
27
28
As a direct and proximate result of the deliberate indifference or gross
14.1.
The Defendants City of Tacoma and Ramsdell approved and ratified Defendant
Officer Williams unconstitutional conduct performed at all pertinent times under the color of
law.
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
14.2.
As such, the City of Tacoma and Defendant Ramsdell are liable to Plaintiffs
under 42 U.S.C. 1983.
3
4
5
XV.
NEGLIGENCEDEFENDANTS UNIVERSAL PROTECTION SERVICES

AND SIMON PROPERTY GROUP
15.1.
Defendant Universal Protection Services and Defendant Simon Property Group
6
7
8
9
10
11
had a duty to properly hire, train, and supervise its employees including Defendant Williams
and Security Officer Knaack, and John and Jane Does 1-10.
15.2.
Defendant Universal Protection Services and Defendant Simon Property Group
breached their duties in the following ways: (1) failing to properly train security officers,
12
including off-duty Tacoma police officers and others, regarding their contact with people on
13
Tacoma Mall property; (2) failing to properly supervise security officers in their employ,
14
15
including off-duty Tacoma police officers and others, to insure that security officers and off-
16
duty Tacoma police officers did not violate the constitutional and civil rights of people
17
visiting Tacoma Mall property; (3) failing to institute policies, procedures and practices to
18
19
20
21
22
insure that visitors to the Tacoma Mall are not subject to attack, physical abuse and force.
15.3.
The breach of duty by Defendant Universal Protection Services and Defendant
Simon Property Groups proximately caused Plaintiffs injuries, losses and damages as
alleged herein and as will be established at trial.
23
24
25
26
27
28
29
XVI. VIOLATION OF THE WASHIGNTON CIVIL RIGHTS ACT, RCW

49.60.030 AND 49.60.215
(SIMON PROPERTY GROUP AND UNIVERSAL PROTECTION SERVICES)
16.1.
By engaging in the conduct described above, Defendants Williams, McKenzie,
Security Officer Henry Knaack, Simon Properties and Universal Protection Services, jointly
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
and severally engaged in threats, intimidation, coercion and excessive force on Plaintiffs
Tillman and Branch and thereby interfered with their exercise and enjoyment of their civil
3
4
5
6
7
8
9
10
rights secured under the laws of the State of Washington.

16.2.
Defendants conduct was animated in whole or in part as a result of Plaintiffs
race and/or color.

16.3.
As a direct and proximate cause of Defendants violation of RCW 49.60.030
and 49.60.215, Plaintiffs suffered injuries as described above. As a direct and proximate cause
of Defendants violation of 42 U.S.C. 1983, Plaintiffs suffered injuries as described above.
11
XVII. VICARIOUS LIABLILITY AND RESPONDEAT SUPERIOR

(Simon Property Group and Universal Protection Services)
12
13
14
15
16
17
18
19
20
17.1.
At all times relevant to the acts and omissions alleged herein, Defendant
Knaack acted within the course and scope of an agency and/or employment relationship with
Defendants Universal Protection Services and Simon Property Group.
17.2.
At all times relevant to the acts and omission alleged herein and while engaged
in off-duty employment with Defendants Simon Property Group and Universal Protection
Services, Defendant Williams acted within the course and scope of an agency and/or
21
22
employment relationship with Defendants Simon Property Group and Universal Protection
23
Services.
24
17.3.
25
26
All acts and omissions alleged herein against Defendant Williams are hereby
alleged against Defendants Universal Protection Services and Simon Property Group.
27
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
17.4.
Defendants Universal Protection Services and Simon Property Group are
vicariously liable, jointly and severally, with Defendant Williams for all damages proximately
caused to Plaintiff.
WHEREFORE, Plaintiffs pray for the following relief:
1.
Award, order and/or allow Plaintiffs such compensatory damages as would
compensate them to the fullest extent allowed by law;

2.
Award, order and/or allow punitive damages and/or enhanced compensatory
damages as against Defendants Williams, McKenzie, Knaack, Simon Property Group and
Universal Protection Services;
3.
Award, order and/or allow Plaintiffs reasonable attorneys fees, interest and
costs as is legal and appropriate;

4.
Award, order and/or allow Plaintiffs treble damages under RCW 49.60.030(3)
16
17
18
19
20
21
and RCW Chapter 19.86 as against Defendants Simon Property Group and Universal
Protection Services;
5.
Use its fullest equitable powers to order the individual Defendants: (a) to use
only reasonable force in the performance of their police duties; (b) to intervene when
22
excessive force is used by other police officers in the course of an arrest; (c) to report to
23
superiors the use of, and injuries caused during the use of, excessive force; (d) to write
24
25
complete and truthful police reports; (e) terminate the custom, policy, practice and procedure
26
of inducing false criminal charges for ulterior purposes, and (f) order the City of Tacoma,
27
acting through its officials, to institute appropriate police training, supervision and
28
29
disciplinary response that will require and promote: only the use of reasonable force by police
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421
officers, the intervention by police officers into the use of excessive force by other officers,
truthful reports, and the issuance of only valid and solidly based criminal complaints against
3
4
5
6
7
8
9
10
11
12
13
citizens.
6.
Otherwise order such other and further relief as this Court may deem
appropriate and equitable, including injunctive and declaratory relief as may be required in the
interests of justice.
7.
Such other and further relief as the court deems just and equitable.
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a trial by jury on all claims and issues so triable.
DATED this 30th day of August, 2016.
14
By: _____________________________________
Vito de la Cruz, WSBA #20797
Attorney for Plaintiffs
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
TAMAKI LAW OFFICES

Bellevue, WA 98004
425-679-6421

Tillman Complaint Amended Final VRC

Uploaded by

Copyright:

Available Formats

Tillman Complaint Amended Final VRC

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Tillman Complaint Amended Final VRC

Uploaded by

Copyright:

Available Formats

1

SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR PIERCE COUNTY

MONIQUE CHARLENE TILLMAN and ERIC

JARED WILLIAMS, JOSHUA McKENZIE,

I. NATURE OF THE CASE-INTRODUCTION

of the attack can be viewed at https://youtu.be/CgMaidFegy4. Plaintiff Tillman also raises

TAMAKI LAW OFFICES

arrest, malicious prosecution, unlawful imprisonment and intentional infliction of emotional

TAMAKI LAW OFFICES

Defendant Joshua McKenzie, at all relevant times, was a police officer

employed by Defendant City of Tacoma.

Defendant Simon Property Group, a Delaware corporation, identifies itself as a

TAMAKI LAW OFFICES

Defendant Universal Protection Services, Inc., was founded in 1965. Along

Services is headquartered in California but conducts business in the State of Washington.

Defendant Universal Protection Services provides private security to Defendant Simon

JURISDICTION AND VENUE

County Superior Court.

The Pierce County Superior Court also has jurisdiction over

356, 358 (1990).

fifteen (15) years old. She is an African American female.

TAMAKI LAW OFFICES

Defendant Williams stopped Plaintiffs by driving his Tacoma Police

At the time Plaintiffs were forcefully stopped by Defendants Williams and

Protection Services and/or Defendant Simon Properties.

Defendant Williams allegedly responded that Plaintiffs were causing a

TAMAKI LAW OFFICES

Defendant Williams tossed Plaintiff Tillman around like a childs doll,

shocks through Plaintiff Tillman.

Plaintiff Branch was horrified by Defendant Williams brutalization of his

sister and attempted to come to her aid.

Defendant Knaack either grabbed or shoved Plaintiff Branch to the ground

after Plaintiff Branch backed away from Defendant Williams.

Defendant Knaack and/or John Doe 1, another employee of Defendant

put her into a Tacoma Police Department patrol car.

TAMAKI LAW OFFICES

After consulting with a supervisor with the Tacoma Police Department,

by Plaintiff Tillman because there were no such injuries.

Plaintiff Tillman was booked into Rehman Hall and detained.

Plaintiff Tillman, by and through her family, engaged a criminal defense

and which could have resulted in her incarceration.

and unreasonable force against Plaintiff Tillman.

Defendant City of Tacoma indicated that Defendant Williams conduct was

TAMAKI LAW OFFICES

Defendant City of Tacoma, Universal Protection Services, and Simon Property

Group employed, trained, and/or supervised Defendant Williams.

Defendant Williams actions were conducted pursuant to official police

department policies, practices, customs, and procedures promulgated, adopted or ratified by

promulgated, adopted or ratified by Defendant Universal Protection Services, and/or

employment with Defendant Tacoma Police Department.

Defendant the City of Tacoma employed, trained, and supervised Defendant

Defendant McKenzies actions were conducted pursuant to official police

department policies, practices, customs, and procedures promulgated, adopted or ratified by

Defendant Donald Ramsdell, is the Tacoma Police Chief and is in charge of

TAMAKI LAW OFFICES

excessive, and unnecessary uses of force, as was done in this case;

4.34.2. Supervisors and administrators routinely fail to refer unlawful uses of