
Originally Posted by
rubble
ini yg rada lengkap terutama di paragraaf 6, 9, 18, 19, 22 dan 23 (sorry tdk sy quote semua). sepertinya (99,9%) akan damai sebelum sidang (yg nuntut akan dapat minimal $ 50,000 per orang dan 2 polisi serta 1 atasan akan dipecat). ini kasus super mudah n murah meriah
Case 3:12-cv-05141-L Document 1 Filed 12/17/12
NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION
ANGEL DOBBS and ASHLEY DOBBS, Plaintiffs
VS.
DAVID FARRELL, KELLEY HELLESON and STEVEN McCRAW Defendants.
PLAINTIFFS’ ORIGINAL COMPLAINT
COMES NOW Plaintiffs Angel Dobbs and Ashley Dobbs and file this their Original Complaint and in support respectfully show the Court as follows:
I. PARTIES
1. Plaintiff Angel Dobbs is an individual residing in Irving, Dallas County, Texas.
2. Plaintiff Ashley Dobbs is an individual residing in Irving, Dallas County, Texas.
3. Defendant David Ferrell is a State Trooper with the Texas Department of Public Safety. He may be served with service of process at 5805 North Lamar Blvd., Austin, Texas 78773-0001. Defendant Farrell is sued in his individual capacity.
4. Defendant Kelley Helleson is a State Trooper with the Texas
Department of Public Safety. She may be served with service of process at 5805
North Lamar Blvd., Austin, Texas 78773-0001. Defendant Helleson is sued in
her individual capacity.
5. Defendant Steven McCraw is the Director of the Department of Public Safety and is being sued in his individual capacity. Mr. McCraw can be served with process by serving 5805 North Lamar Blvd., Austin, Texas 78773-0001.
II. JURISDICTION
6. The Court has jurisdiction of this lawsuit under 28 U.S.C. §1331, as it arises under the Constitution, laws or treatises of the United States of America.
III. VENUE
7. Venue is proper in this Court under 28 U.S.C. §1391(b), as this is the judicial district in which a substantial portion of the events or omissions giving rise to the claims occurred.
IV. FACTS
8. Paragraphs 1-7 set forth above are incorporated herein by reference.
9. On or about the evening of July 13, 2012, Plaintiffs Angel Dobbs and Ashley Dobbs were traveling northbound on Highway 161 in Plaintiff Angel Dobbs’ boyfriend’s vehicle. Angel Dobbs is Ashley’s Dobbs’ aunt and roommate. While traveling on the roadway, Defendant DPS Trooper David Farrell #12552 (hereinafter referred to as “Farrell”) activated his overhead lights on the DPS-issued police cruiser. The entire incident is recorded on the dash-mounted video camera in Trooper Farrell’s 2012 Chevrolet Camaro Police Interceptor department-issued cruiser.
10. Defendant Farrell informed Plaintiffs he was stopping them for littering because both occupants allegedly discarded cigarette butts out of the vehicle’s windows while on the highway. After collecting the Plaintiffs’ identification cards, Trooper Farrell returned to his cruiser for approximately ten minutes while he checked the Plaintiffs for warrants.
11. While in his cruiser, Defendant Farrell contacted Defendant Trooper Helleson (hereinafter referred to as “Helleson”) to conduct a search of Plaintiffs. Defendant Farrell called Helleson prior to developing any particularized suspicion or probable cause that Plaintiffs possessed contraband or were engaged in any criminal activity beyond the littering offense.
12. While waiting for Defendant Helleson to arrive on scene, Defendant Farrell returned to the Plaintiffs’ vehicle and ordered Angel Dobbs out of the vehicle and into the field away from the vehicle. At this time Angel Dobbs was questioned about where she and Ashley were headed and personal questions regarding Ashley Dobbs’ situation. At that point, Defendant Farrell transitioned to questions related to marijuana and the presence of marijuana in the vehicle.
13. Angel Dobbs denied any knowledge of marijuana in the vehicle, denied the odor of marijuana, and denied possessing any marijuana. Defendant Farrell instructed Angel Dobbs to remain in the field and that a female trooper, Defendant Helleson, was en route.
14. Defendant Farrell next ordered Ashley Dobbs out of the vehicle and questioned her regarding their destination and marijuana. Ashley Dobbs also denied any knowledge of marijuana in the car or on her person or in her possessions.
15. At this time Defendant Helleson walked up to the scene. Defendant Farrell explained to Helleson that Plaintiffs were “acting weird” and that was why he requested Defendant Helleson to search both Plaintiffs.
16. Without asking either Plaintiff for consent to search the vehicle Defendant Farrell began searching the vehicle. Upon information and belief, Defendant Farrell justified the search of the vehicle on the supposed “smell of marijuana.” Defendant Farrell was admittedly sick and his sense of smell was diminished if not completely gone. Plaintiffs denied that there was any smell of marijuana at the scene and Defendant Farrell never located any marijuana after a throughout search of the vehicle.
17. Farrell started his search on the driver’s side. At the same time, Defendant Helleson instructed Angel Dobbs to stand directly in front of Defendant Farrell’s DPS-issued cruiser, which was parked on the side of a public freeway and both Defendant Helleson and Angel Dobbs were illuminated by lights from the police vehicle in full view of Defendant Farrell and the passing public. At that time she explained that she would be searching Angel Dobb’s person and put on blue latex gloves without explaining to Angel the need for gloves. When Angel Dobbs questioned what the term “person” meant in response to the request for consent to search her person, and why Helleson had latex gloves on, Helleson told her not to worry about that. Angel Dobbs was never asked for, nor did she give consent to Helleson to frisk, pat-down, search, or otherwise touch her. Plaintiffs had made no threatening statements, movements, or gestures and there were no facts existing which would support reasonable suspicion for a frisk or probable cause for the intrusive cavity search which would soon follow.
18. On the side of the road, within view of passing vehicles on both the adjacent roadway and the highway exit ramp, Defendant Helleson, with Ms. Dobbs facing away from her, began to run her fingers along Angel Dobbs’ bra straps, under and over and around the clasp area. She then pulled Ms. Dobbs’ sweatpants back. At this time, she ran her fingers up and down through Ms. Dobbs’ gluteal cleft inserting her finger in and around Angel’s anus. At the time, Angel Dobbs suffered and continues to suffer from a medical condition called Hidradenitis suppurativa that causes the formation of cysts. These cysts are extremely sensitive and contact with them causes severe pain. Defendant Helleson’s contact with Angel’s anus irritated one of these cysts causing her severe and continuing pain and discomfort.
19. Next, Defendant Helleson turned Angel Dobbs around, pulled the front of her sweat pants out and inserted her hands down the front of her pants. First she ran her fingers along Angel’s upper and inner thigh, then she spread Angel’s vaginal labia and inserted two fingers into her vagina and moved her fingers as she “searched” her vaginal cavity. Helleson’s penetration of Angel’s vagina was painful, humiliating, and shamefully embarrassing. Just like with Angel’s search, this intrusive cavity search occurred on the side of a public freeway illuminated by lights from the police vehicle in full view of the passing public. Moreover, this roadside body cavity search was done without her consent, without any particularized suspicion whatsoever and wholly without probable cause in violation of clearly established Constitutional law.
20. At this point, Angel Dobbs was overwhelmed with emotion and a feeling of helplessness and reacted stating that Helleson had just violated her in a most horrific manner.
21. The non-consensual roadside body cavity search ceased at this time and Defendant Helleson sent Angel back to the field and called over Plaintiff Ashley Dobbs.
22. Helleson’s search of Ashley Dobbs was performed exactly like the search of Angel Dobbs. Defendant Helleson first ran her gloved fingers through Ashley’s gluteal cleft and inserted her finger into Ashley’s anus. Then she turned Ashley around and inserted her fingers into Ashley’s vagina. Likewise, this cavity search occurred in front of the police vehicle lights on the side of a heavily traveled roadway in full view of the passing public.
23. Adding insult to injury, Defendant Helleson contacted the anus and vagina of both women without changing the latex gloves between cavity searches of each Plaintiff.
INTERNET PUBLIC READING STOP HERE---------------------------JURY PRESENCE IS BEING CALLED
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IX. PRAYER
For these reasons, Plaintiffs seek judgment against Defendants for:
a. compensatory and actual damages in an amount deemed sufficient by the trier of fact;
b. exemplary damages;
c. attorney’s fees under 42 U.S.C. §1983 and §1988;
d. costs of court; and
e. interest allowed by law for prejudgment and/or post-judgment interest.
Respectfully submitted,
By: /s/ Charles E. Soechting, Jr. Charles E. Soechting, Jr. State Bar No. 24044333
Law Offices of Charles E. Soechting, Jr.
3102 Maple Avenue, Suite 400
Dallas, Texas 75201 Tel. 214.953.9383 Fax 214.224.0054
By: /s/Scott H. Palmer
Scott H. Palmer
State Bar No. 00797196
SCOTT H. PALMER, P.C.
15455 Dallas Parkway
Suite 540, LB 32
Addison, Texas 750001
(214) 987-4100 telephone
(214) 922-9900 facsimile
ATTORNEYS FOR PLAINTIFFS