EXHIBIT


OF NORTH CAROLINA we,? cg?; (El/5 135 

County 9 n: i In The General Court Of Justice
  2 i District [ESuperior Court Division

 
     

       

 



  
  
    
 
 
  
 
 
 

CUMBERLAND

 

 

 

 

 



         
 

Name OfPfainti? mm;  mm jam 2

REGINALD HAGANS, Admin. of the Estate ofhtliiza L. Hagans
Address 

c/o Attorney for the Plaintiff -- SUMMONS
City: State zit El ALIAS AND PLURIES summons (ASSESS FEE)

 

 

 

 

 

 

 

 

 

 

 

 

 

VERSUS G.S. 1A?1,Ruies 3, 4
Name Of Defendant(s)

Date Original Summons issued
CITY OF AYETTEVILIE, a North Carolina municipal
corporation; AARON LEE HUNT, individually and in his of?cial Dai?lsi Subsequent 3? 11.05 585'

capacity; and DOES i-25, inclusive individually and in their
A

official capacities
Name And Address or Daren dent 2
Sharon Lee Hunt

 

 

 

 

 

 

 

 

 

 

 

 

 

To Each Of The Defendantls) Named Below:
Name And Address of Defendant 1

City of Fayetteviile (N.C.)

 

 

 

 

 

 

 

 

(:10 Ted Vorhees, City Manager 220 Hatteras Trail
433 Hay Street Red Springs NC 283 77 
Fayettevilie NC 2301

 

 

 

 

 

 

 

 

A Civil Action Has Been Commenced Agains Youl

You are noti?ed to appear and answer the complai of the plaintiff as follows:

   

 

 

 

2. File the originai of the Written summer with the Clerk of Superior Court of the county named above.

if you fail to answer the complaint, the plaintiff will apply to the Court for the reliefdemanded in the complaint.

Name AndAdd'esS OfPlafntiES Attorney (IfNone, Address OfPlafntift) Date lssu . ?me '3 AM I
Chukwudi E. Umerah I 7
4  
aw O?ices ofChukWudi B. Umerah
i 
210 E. Russell Street, Suite 106 a 4  
Fayetteviile NC 28301 551 Demo! 030 El A 1? use clerk or pedor Court

El ENDORSEMENT (ASSESS FEE)
This Summons was originally issued on the date
indicated above and returned not served. At the request
of the plaintiff, the time within which this Summons must
be served is extended sixty (60) days,

 

 

 

 

 

 

 

 

 

 

 

   
  
 
 

  

Date OfEndorsement Home AM

DPM

 

Signature

 

  

    

El Deputy 030 [3 Assistant 030

Clerk Of Superior Court

Rev. 6/11 (Over)
2011 Administrative Of?ce of the Courts

 

Case 5'14-cv-00717-F Document 1-1 Filed 10/28/14 Page 1 of 53

 

STATE OF NORTH CAROLINA 


COUNTY OF CUMBERLAND 

CITY OF a North

Carolina municipal corporation; AARON
LEE HUNT, individually and in his of?cial 
capacity as a law enforcement of?cer with 
the ayetteviile (N .C.) Police Department; 
and DOES 1 through 25, inclusive, 
individually and in their o?icial capacities, 

REGINALD HAGAN S, Administrator of 
the Estate of Nijza Lamar Hagans, 
Deceased, 


Plaintiff, 



VS. 








Defendants. 


 

IN THE GENERAL COURT OF JUSTICE

SUPE COURT IVISION
-

ONIPLAINT
(JURY TRIAL DEMANDED)

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Plaintiff, complaining of the Defendants, hereby alleges and says as follows:

INTRODUCTION

This is a civil action to recover both compensatory and punitive damages for the

unjustified shooting, the wrongful killing, and the clear violation of the civil rights of Plaintiff?s

decedent, Nijza Lamar Hagans. The Plaintiff, Reginald Hagans, brings this action as the duly

appointed Administrator of the Estate of Nijza Lamar Hagans, and herein asserts claims against

the Defendants for wrongful death, negligence, assault, battery, and the deprivation of rights
secured by the Constitution and laws of the United States. As set forth in greater detail below,
the Plaintiff alleges that without adequate provocation, justi?cation, warning, or legal excuse,

and consistent with the ayetteville (N .C.) Police Department?s long and extensive history of

using excessive force and racially pro?ling African?American and other black motorists, off-duty

Case 5:14-cv-00717-F Document 1-1 Filed 10/28/14 Page 2 of 53

 

Patrol Of?cer Aaron Lee Hunt of the ayetteville Police Department shot and killed Nijza Lamar
Hagans (?Nijza?) as he attempted to run away on foot from a motor vehicle traf?c stop that
Of?cer Hunt never had probable cause or reasonable Suspicion to initiate. Nijza, who had
committed no crime of which Of?cer Hunt was aware, and who did not, at any time during his
encounter with Of?cer Hunt, utter or any threat, pose a threat, brandish, reach for,
hold, or otherwise threaten to use a weapon of any kind, sustained 5 gunshot wounds at the hands
of Of?cer Hunt and died approximately 25 yards away from the location where he had stopped
his motor vehicle.

In spite of the fact that Nij za lay completely incapacitated and mortally wounded in the
immediate aftermath of Of?cer Hunt?s unjusti?ed shooting, for several minutes thereafter,
Of?cer Hunt and a phalanx of Fayetteville police of?cers who had rushed to the scene after the
shooting deliberately withheld medical care, attention, and treatment from Nijza, and allowed
him to die in the exact same location and bodily position where he fell after being shot.

PARTIES. JURISDICTION, AND VENUE

1. Plaintiff Reginald Hagans is a citizen and resident of Fayetteville, Cumberland
County, North Carolina, and is the natural father of Nijza Lamar Hagans, an African?American
male who was born on August 16, 1990, and who, as detailed below, died on January 24, 2013.

2. At the time of his death, Nijza was only 22 years old.

3. On or about May 6, 2013, and as evidenced by the records of the Cumberland
County Clerk of Superior Cowt (File No. 4), Plaintiff Reginald Hagans was duly
appointed Administrator of the Estate of Nijza Lamar Hagans.

4. Defendant City of Fayetteville is a municipal corporation duly organized and

existing under the laws of the State of North Carolina.

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5. The City of Fayetteville is located in the County of Cumberland, North Carolina.

6. As a North Carolina municipal corporation, the City of Fayetteville is vested with
all of the corporate rights, powers, and capacities that are set forth in NC Gen. Stat. 
including, but not limited to, the powers and capacities to sue and to be sued.

7. As a Netth Carolina municipal corporation, the City of Fayetteville is also vested
with all of the rights and powers that are set forth in NC. Gen. Stat. 160A~l46, and
9, including, but not limited to, the rights and powers to: adopt its particular method
and form of municipal government; establish a police force; hire a chief of police; and 
promulgate rules and regulations for the hiring, training, and administration of its police force.

8. Pursuant to NC. Gen. Stat. 160A: 146, the City of Fayetteville has adopted the
?council?manager? form of municipal government. Under this form of government, the
government and overall management of the City of Fayetteville are vested in a city council,
known as the ?Fayetteville City Council,? while responsibility for administering the city?s
municipal affairs is vested in a manager, known as the ?Fayetteville City Manager,? who is
appointed by and serves at the pleasure of the Fayetteville City Council.

9. Pursuant to N.C. Gen. Stat. 160A-146, 160A-281, the City of
Fayetteville has established a police department (known as the ?Fayetteville Police
Department?), and, over the years, has employed a succession of chiefs of police.

10. Among the many powers and duties of the Fayetteville City Manager are the
powers and duties to: direct and supervise the administration of all departments, of?ces, and
agencies of the city, including the Fayetteville Police Department, subject only to the general
direction and control of the Fayetteville City Council; and hire, ?re, and discipline, on behalf

of the City of Fayetteville, almost all of the city?s of?cers and employees, including, but not

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limited to, all of the members of the Fayetteville Police Department.

11. Although responsibility for directing and supervising the administration of all city
departments, including the Fayetteville Police Department is, subject to the general direction and
control of the Fayetteville Police Department, placed upon the Fayetteville City Manager,
responsibility for the day?to-day administration of the Fayetteville Police Department has been
delegated to the ayetteville Chief of Police, who, in turn, reports directly to the Fayettev?le City
Manager on all matters relating to the government, effectiveness, and general conduct of the
police department and its employees. 7

12. Upon information and belief, all of the members of the Fayetteville (N .C.) Police
Department, including the Fayetteville Chief of Police, are agents and employees of the
Defendant City of Fayetteville.

13. Subject to the advice, consent, and/or approval of the Fayetteville City Manager,
disciplinary action within the Fayetteville Police Department is taken or not taken at discretion of
the Fayetteville Chief of Police.

14. At all times and in all ways relevant to this action, the City of Fayetteville either
acted or failed to act through of?cials, managers, policymakers, and/or employees of the City of
Fayetteville including, but not limited to, the Fayetteville City Manager, the Fayetteville Chief
of Police, and/or other employees of the Fayetteville (N .C.) Police Department whose
acts, edicts, and practices represent the of?cial policies, practices, and customs of the City of
Fayetteville.

15. The City of Fayetteville is responsible for Plaintiff? injuries and damages under
42 U.S.C. 1983 because its of?cial policies, practices, customs and/or usages wrongfully

caused Plainti?"s injuries and losses. The City of Fayetteville is also liable in this action both for

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direct negligence, and for the tortious conduct of its agents, servants, and employees under
theories of agency, vicarious liability, and respondeat superior.

16. Upon information and belief, Defendant Aaron Lee Hunt is an adult citizen and
resident of Red Springs, Hoke County, North Carolina.

17. At all times relevant to this action, Hunt was employed by Defendant City of
Fayetteville as a police of?cer with the Fayetteville (N.C.) Police Department. Hunt is being
sued here in both his individual and his o?icial capacities.

18. Upon information and belief, at all times relevant to this lawsuit, each of the
Defendants identi?ed in the caption of this Complaint as Does 1 though 25, inclusive, was a duly
sworn and authorized agent, servant, and/ or employee of the City of Fayetteville and/or the
Fayetteville (NC) Police Department, acting under color of law and within the course and scope
of their respective duties and authority.

19. Plaintiff is informed and believes, and based thereon alleges, that each of the
Defendants identi?ed in the caption of this Complaint as Does 1 though 25, inclusive, is in some
manner responsible or legally liable for the actions, damages, events, transactions andfor
occurrences that are alleged herein. The true names and capacities of such ?ctitiously named
Defendants are presently unknown to the Plaintiff; however, the Plaintiff will amend this
Complaint to assert the true names and capacities of such ?ctitiously named Defendants once the
same have been ascertained. For convenience, each reference herein to a named Defendant or to
the Defendants collectively shall also refer to the Doe Defendants individually andfor
collectively as the case may be.

20. Plaintiff is informed and believes, and based thereon alleges, that each Defendant

named herein is, and at all times relevant to this lawsuit was, the agent, employee, representative,



Case 5:14-cv-00717-F Document 1-1 Filed 10/28/14 Page 6 of 53

successor, and/or assignee of every other named Defendant. Each such Defendant, in doing the
acts, or in failing to act as alleged in this Complaint, was operating within the course and scope
of their actual and apparent authority, or was operating in a way that was rati?ed and adopted by
every other Defendant as principal. Plaintiff is informed and believes that each of the individual
Defendants was in some way reSponsible for the constitutional violations and torts that are
alleged in this Complaint.

21. To the extent that any of the Defendants in this action claims that they are a
mimicipal and/or governmental and/or city owned, operated and/or funded entity, or an employee
or agent of any such entity, such Defendant(s), upon information and belief, does/do not have
governmental or sovereign immunity for any of the acts or omissions that are described herein.

22. In the alternative, should any of the Defendants in this action ordinarily possess
governmental and/or sovereign immunity from civil liability for any of the acts or omissions that
are described herein, then, upon further information and belief, any and all such Defendants have
consented to this suit and waived their governmental and! or sovereign immunity either by
purchasing (or otherwise procuring, obtaining, or having in place) liability insurance that
indemnifies such Defendant from liability for the wrongful acts and omissions that are alleged
herein, or by engaging in the functional and substantively equivalent acts of either participating
in a local government risk pool, or establishing a tort liability reserve fund in the manner set
forth NC. Gen. Stat. 160A-485.

23. In committing the acts and omissions that are alleged in this Complaint, the
Defendants have acted knowingly, maliciously and corruptly, and with a callous and reckless
disregard for the rights of Plaintiff?s decedent, all of which justi?es the imposition of personal

liability for the wrongful acts that are alleged in this Complaint, as well as an award of punitive

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damages against each Defendant sued in his or her individual capacity.

24. The amount in controversy in this action exceeds Ten Thousand Dollars
and is greater than the amount necessary to invoke the subject matter jurisdiction
of this court. As such, this court has jurisdiction over the subject matter of this action pursuant to
the common law of North Carolina, as well as the judicial power that is vested in the Superior
Court division of the General Court of Justice by NC Gen. Stat. 7A-3, and 

25. As to Plaintiff?s claims that are grounded in federal law, this court possesses
jurisdiction that is concurrent with that which may be exercised by the federal district courts of
the United States.

26. Since this action involves claims against a municipality (and one or more of its
public of?cers) which arose in the City of Fayetteville, North Carolina, venue is proper in the
Superior Court of Cumberland County, North Carolina pursuant to NC. Gen. Stat. 1-7 7.



THE FAYETTEVILLE POLICE DEPARTMENTS HISTORY OF RACIAL
PROFILING

27. The Fayetteville Police Department has a and well-known history of
targeting black motorists for traf?c stops and investigative searches.

28. Many of these targeted stops have been initiated for the sole purpose of serving as
pretexts to justify acting on ?hunches? where probable cause and/or reasonable suspicion to
conduct the search does not otherwise exist.?

29. That these pre-textual stops have a strong racial correlation is backed up by the

Fayetteville Police Department?s own traf?c-stop statistics.

 

See Paragraph 39, in?a.

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30. In the fall of2010, and supported by traf?c-stop data submitted directly to the
North Carolina Department of Justice by the Fayetteville Police Department,2 civic-minded
community leaders in the City of Fayetteville publicly complained to both the Fayetteville City
Council and the Fayetteville Police Department that black people were being subjected to tra?ic
stops and consensual searches by the Fayetteville Police Department at a much higher rate than
Caucasians and others in the community.

31. According tothe 2010 US. Census, the City of ayetteville has an estimated
population of 200,574 residents, 45.7% of which are White, and 41.9% of which are Black or
African?American.

32. According to the 2010 US. Census, Cumberland County, North Carolina, the
county seat of which is Fayetteville, has an estimated population of 3 19,431 residents, 53.6% of
which are White, and 37.4 of which are Black or African-American.

33. Despite these racial breakdowns, the traf?c?stop data relied upon by those in the
Fayetteville community who were concerned and] or complained about the disproportionate rate

at which African?Americans were being stopped and subjected to searches incident to traf?c

 

2 Data collection related to traffic stops has become a standard law enforcement duty, not only in the United

States in general, but also in the State of North Carolina in particular. In April of 1999, the North Carolina General
Assembly passed Senate Bill 76, which required that hach stop statistics be collected for state law enforcement
officers, effective as of January 1, 2000. The legislation was enacted into law as NC. Gen. Stat. 11440.01. The
General Assembly later expanded this requirement to include local law enforcement of?cers employed by all 100
county Sheriffs? Of?ces and almost all municipal police departments, including the Fayetteville Police Department,
effective as of January 1,2002. It is upon the traf?c?stop data submitted by the Fayetteville Police Department to
the North Carolina Department of Justice pursuant to this mandate that the Plaintiff relies in alleging the frequency

with which black and white motorists haVe been stopped and searched by the Fayetteville Police Department.



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stops revealed that:

A. in 2009, 2.7.times more Black and A?ican?American motorists than White
motorists were stopped and subjected to searches by the Fayetteville Police Department; and

B. in 2010, 3 .0 times more Black and A?ican-American motorists than White
motorists were stopped and subjected to searches by the Fayetteville Police Department.

34. Upon information and belief, several years before community leaders publicly
raised the issue in 2010, the City of Fayetteville and the Fayetteville Police Department either
knew, or should have known, that there were signi?cant and disproportionate disparities between
the numbers of Black and White drivers who were being stopped and searched by the
Fayetteville Police Department.

35. Despite having full andexplicit knowledge of signi?cant and disproportionate
disparities between the numbers of Black and White drivers who were being stopped and
searched by the Fayetteville Police Department prior to, but no later than, 2010, the City of
Fayetteville and its police department took no effective action to correct the disparities and what,
by then, were clear indications of racially biased policing practices with respect to traf?c law
enforcement by the Fayetteville Police Department. Instead, the documented practice of
stopping and searching Black and African?American motorists at a much higher rate than White
motorists continued in 2011 and 2012.

36. According to the North Carolina Department of Justice, in 201 l, the Fayetteville
Police Department stopped and searched 2.7 times more Black and African~American motorists
than .White motorists.

37. In 2012, the Fayetteville Police Department stopped and searched 3.0 times more

Black and African?American motorists than White motorists.

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3 8. In early 2012, the City of Fayetteviile commissioned the National Organization of
Black Law Enforcement Executives to conduct a study to determine whether
members of the Fayetteville Police Department were engaging in racial pro?ling activities with
respect to traf?c law enforcement.

39. During the course of its 2012 study, NOBLE was advised by an of?cer with the
Fayetteville Police Department that, based upon ?instincts,? police officers in the City of
Fayetteville ?can look at a car and tell if it has drugs in it. . . and, therefore, lot of times
we do traffic enforcement to get to other crimes.?

40. At the end of its 2012 study, NOBLE concluded that ?racial disparit[ies] clearly
existl] in the enforcement of traf?c laws in the City of Fayetteville. African Americans are
subjected to a disproportionate number of traf?c stops and consensual searches.?

4] . In March 2012, the Fayetteville City Council voted unanimously to accept the
findings and recommendations contained in the NOBLE Report.

42. In early 2012, the Civil Rights Division of the United States Department of
Justice came to a conclusion that was similar to that reached by NOBLE in its study of the
Fayetteville Police Department?s traf?c-stop data. Following a review of the Fayetteville Police
Department?s traffic stop and search data, the Civil Rights Division of the United States
Department of Justice noti?ed the department that its traf?c enforcement ?practices risk[ed]
running afoul of the 14?1?Amendment?s protections against discriminatory policing.?

43. Undaunted either by its own evidence of racially~biased traf?c enforcement
practices, or by and the United States Department of Justice?s ?ndings and
conclusions of constitutionally?suspect traf?c enforcement practices, the Fayetteville Police

Department?s documented practice of stopping and searching Black and African-American

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motorists at a much higher rate than White motorists continues (and is even worse) to this day.

44. According to the North Carolina Department of Justice, in 2013, the Fayetteville
Police Department stopped and searched 3.6 times more Black and African-American motorists
than it did White motorists.

45. As of May 2014 (the last date for which 2014 statistics, as of this writing, are
currently available), the Fayetteville Police Department had, since January 2014, stopped and
searched 3.4 times more Black and African?American motorists than it had White motorists.

46. As part of its 2012 study and report, NOBLE that the Fayetteville
Police Department?s then?existing General Order (policy) for the prevention of biased policing
and the perception of biased policing, known as General Order 1.8, be revised to make it clear
that a ?community liaison? designated by the City of Fayetteville?s Human Relations
Department would be involved in reviewing citizen complaints of racial, ethnic, national
origin, and/ or gender bias by the Fayetteville Police Department, not only when such complaints
are made directly to the city?s Human Relations Department, but also when they are made by any
person directly to the Fayetteville Police Department.

47. Despite having ostensibly ?accepted? the recommendations of the NOBLE
Report, and having revised General Order 1.8 at least twice since announcing that acceptance,
neither the City of Fayetteville, nor the Fayetteville Police Department has implemented
recommendation to revise General Order 1.8 by including a community liaison in the
process of investigating and reviewing complaints of racial and other bias?based pro?ling that
are made directly to the Fayetteville Police Department.

PRIOR INCIDENTS INVOLVING THE EXCESSIVE USE OF FORCE BY THE
FAYETTEVILLE POLICE DEPARTNLENT

48. The Fayetteville Police Department has a long and extensive history of excessive
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force being used by its of?cers.

49. Due, in part, to the ayetteville Police Department?s history of using excessive
force against its citizens, as well as to the absence of a transparent and con?dence?inspiring
process for investigating and resolving claims of excessive force and other misconduct within the
Fayetteville Police Department, both NOBLE and various public of?cials in and around the
Fayetteville community recommended in 2012 and at other times that the City of ayetteville
establish a Citizens Review Board to investigate (and/or review the Fayetteville Police
Department?s handling and disposition of) complaints of misconduct by members of the
Fayetteville Police Department.

50. Despite the history of excessive force being used by members of its police
department, and despite the acknowledged need for tranSparency in the way its police department
handles, investigates, and disposes of complaints alleging that excessive force or some other
form of misconduct has been perpetrated by one or more members of the Fayetteviile Police
Department, in April 2014, the City of Fayetteville, which previously had expressed strong
interest in establishing a Citizens Review Board, withdrew its support for 3. Citizens Review
Board and tabled the idea of establishing one inde?nitely.

51. Upon information and belief, the City of Fayetteville?s decision to withdraw its
support for aCitizens Review Board was made solely and directly in response to strong
opposition to the establishment of such a board by members of the Fayetteville Police
Department, as well as the ExeCutive Director of the North Carolina Police Benevolent
Association.

52. Ironically, the City of Fayetteville?s decision to discontinue its efforts to establish

a Citizens Review Board came after separate shootings of ?ve unarmed and! or 

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black citizens by Fayetteville Police Of?cers. Four of these citizens were killed by the
shootings, four of them were ?eeing when the shootings took place, and three of the deceased
citizens were shot multiple times in the back by the police.

5 3. The following represent some, but by no means all, of the instances in which
excessive force has been in?icted by members of the Fayetteville Police Department.

54. On November 27, 2012, Fayetteville police of?cers responding to the report of a
burglar alarm at a local bar spot Gregory Lee-Bey, a 55 year-old black male, in the vicinity of
the bar. Lee-Bey, who is unarmed and on foot, attempts to run away from the police, but is
apprehended and winds up on life support, paralyzed on the right side of his body, with
accompanying bruises and contusions all over his body. In the aftermath of LeeuB ey?s arrest,
Fayetteville police claim that Lee?Bey?s injuries occurred when he ?tripped and fell? and hit his
own head while attempting to run away from them. The injuries sustained by Lee-Bey during
his arrest by Fayetteville police of?cers were so severe that he Suffered a stroke, had to have a
portion of his skull removed because the injuries to his head caused his brain to swell, and
ultimately was placed on life support. Lee?Bey?s doctors informed his family that Lee?B ey?s
injuries were consistent with a severe beating.

55. In the early morning hours of October 17, 2011, a Fayetteville Police Department

 

 

patrol of?cer stopped a Dodge truck?being driven by 45 year?oldiGregory PauLTownsend. ., 7, 7.  .

Fayetteville police claim that after pulling over and stopping in the parking lot of a local
Townsend, who was unarmed, got out of his truck at some point and ?started ?ghting
with the of?cer.? The patrol of?cer shot Townsend multiple times in the torso during the alleged
struggle, and Townsend died from his injuries 10 days later. Though Fayetteville police claimed

that Townsend was shot during a ?ght which he, Townsend, started, Townsend was never

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0

charged with assault on a law enforcement of?cer in the aftermath of the shooting. Instead,
Townsend was charged only with a misdemeanor count of resisting a public of?cial, as well as
driving with a revoked license and driving the wrong way on a dual lane highway.

56. On the night of August 26, 2012, Herman Harris, a 38 year-old, unarmed, black
pedestrian was walking on Covenwood Drive in the City of ayetteville when a police cluiser
being driven by a Fayetteville police of?cer pulled up next to him. According to published news
reports, the Fayetteville police of?cer was looking for the driver of a ?suspicious vehicle? that
was in the area when the of?cer spotted Harris. Harris, who admittedly was scared of the police,
?ed when the Fayetteville police of?cer confronted him and told him not to move. A chase
ensued, but ended in a small wooded area not far from where it began. There, in the woods, the
Fayetteville police of?cer got close enough to Harris to deploy his Taser, and did, in fact, use his
Taser on Harris. Upon information and belief, the Taser rendered Harris unable to control his
extremities and caused him to fall to the ground. Upon further information and belief, once on
the ground, Harris advised the pursuing of?cer that he was giving up, saying ?you got me,? but
the of?cer, after quickly surveying his secluded surroondings, furtively castigated Harris for
?eeing and then shot him four times. The fust shot severed Harris? right?hand ring ?nger as he

held it up in a defensive position. The second shot entered Harris? abdomen. The third shot

 

 enteredrrHarrisirupper right- torsor The?fourth and 

femur before exiting Harris? inner thigh. Despite the Fayetteville Police Department?s claim in
media reports that Harris not only struggled with, but also possessed and pointed a 40-caliber
Glock handgun at, the pursuing of?cer immediately prior to being tasered and shot by that
officer, upon information and belief, Herman Harris was never formally charged with any

criminal offense in relation to this incident.

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57. On December 28, 2011, Jeffrey A. Cox, an unarmed, 47 year-old New Jersey
man makes approximately four calls to 911 from a Greyhound bus terminal in Fayetteville,
North Carolina. Cox, who is a paranoid schizophrenic and was stranded in Fayetteville after
being mugged, repeatedly tells the 911 diSpatcher that he missed his bus home to New Jersey,
that he feared for his safety, and that he would like to talk to the police about his situation, but
cannot do so over the phone ?because they?re all listening." The Fayetteville police interpret
these 911 calls as ?bogus,? and dispatch an of?cer to arrest Cox for ?misusing the system.? Cox,
still fearing for his safety, resists the responding Fayetteville police of?cer?s attempt to arrest
him, imploring the 911 dispatcher, who was still on the phone during the initial encounter with
the responding of?cer, to help him because ?He [the responding officer] is trying to kill me.?
Seconds later, the responding officer shoots Cox with a Taser. Moments after that, three or four
more ayetteville police officers arrive and, according to witnesses at the bus terminal, begin
beating Cox with their ?sts and batons, and repeatedly shocking him with Tasers. Following this
melee, Cox, according to the Fayetteville Police Department?s own spokesperson, ?loolc[ed] as if
he was beaten? and had been hit with an object. Upon information and belief, this beating left
Cox unconscious, suffering from cardiac arrest, and on life support.

58. At approximately 8:00 am. on May 1, 2013, Lawrence Edward Graham, a

- ~20 yearuold black- male, was a passenger in alvehiclethat was pulled overbya.anettCYilleiPQIicc v, 1 1

Department patrol of?cer on suspicion of having ?window tint that was darker than what is

legal.? During the traffic stop, the driver of Graham?s vehicle was asked by the of?cer to step
out of the vehicle in order to be frisked, and, according to the Fayetteville Police Department,
began ?struggling? with the patrol of?cer. When this occurred, Graham got out of the vehicle

and began running away. A second Fayetteville police of?cer who had arrived at the scene of

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the tra??ic stop began chasing Graham, who, admittedly, threw a handgun on the ground as he
initially began to ?ee. Despite having disarmed himself as he initially began to flee, Graham
was shot two times by the Fayetteviile police of?cer who was pursuing him. Though the
Fayetteville Police Department claims that Graham was pointing a handgun at the pursuing
of?cer at the time that he was being shot, the physical evidence proves otherwise: Graham was
shot twice in the back. As a direct result of this shooting, Graham was left paralyzed from the
waist down, and died from complications associated with the shooting two months later.

59. On the evening of April 10, 2012, Roman Lee Drake, a 26 year?old black male,
was inside his home at 1500 Blan Street in Fayetteville, North Carolina when one or more
individuals drove up in a black Dodge Charger and ?red multiple gunshots into Drake?s
residence. At least three of the gunshots struck the outside wall of a room in which Drake and
his girlfriend were located with their 1 year-old daughter. Fearing for the lives of his infant
daughter and girlfriend, Drake got into his girlfriend?s car and went after the people who had
shot into his home. Meanwhile, Drake?s girlfriend called 911. After failing to ?nd the
individual or individuals who had shot into his home, Drake drove back to his house and found
two Fayetteville police of?cers who had come to the scene of the shooting in response to the 911

call standing outside his home. Moments later, after what the Fayetteville Police Department

of?cers, who took aim and ?red more than 15 shots into Drake?s car, striking Drake 7 times in
the neck, head, chest and arms. Although the Fayetteville Police Department claimed that the
of?cers shot Drake when he tried to hit one of them with his vehicle while attempting to speed
away, the State Medical Examiner?s autopsy report reveals that at least four of the shots that hit

Drake were fired into the back/posterior aspect of his body.

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60. On October 13, 2013, Shaqur McNair, an unarmed, 16 year-old black male was
shot to death by Fayetteville police officer Christopher Hunt. Hunt shot McNair three times in
the chest, the stomach, and the leg thirty-seven seconds after reaponding to the scene of a I
domestic diSpute involving another man and a woman. The shooting happened after Hunt
arrested the man for assaulting the woman. As Hunt was putting the man in his police car, the
man?.s mother allegedly hit the of?cer in the head. The woman then ran away, but Hunt followed
and attempted to arrest her in McNair?s neighbor?s front yard. As Hunt and the woman struggled
in McNair?s neighbor?s yard, several people, including McNair and his younger brother, began
gathering around the scene, and Hunt ordered the people to stay back. Although Hunt and the
Fayetteville Chief of Police claimed in the aftermath of the shooting that McNair failed to
comply with the order to stay back, and was shot by Officer Hunt when he, McNair, pulled up
his shirt, displayed a ?rearm in his waistband, and began to draw the weapon, both the physical
evidence and eyewitness accounts belie these claims. No ?rearm was found on or near McNair?s
fallen body (instead, six hours after the shooting, the Fayetteville Police Department had not
recovered a ?rearm and, therefore, sought and obtained a warrant to search McNair?s nearby
home for ??rearms, pertaining to the of?cer~involved shootingbystanders who witnessed the shooting claims to have seen McNair possess, display, draw, or

attempt to draw a handgun on Of?cer Hunt. Although Fayetteville police have since claimed in

 

an email to the news media that, ?within close proximity? ochNair?s body, they recovered a
stolen 9 mm handgun that allegedly was in McNair?s possession at the time of the shooting, they
have yet to publicly reveal exactly when or where the handgun allegedly was recovered. In
addition to the absence of evidence that McNair was armed and threatening Of?cer Hunt when

he was gunned down, one of the more disturbing aspects of this incident is that Of?cer Hunt shot

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McNair just thirty?seven seconds after arriving at the scene of a domestic disturbance that did not
even involve McNair.

61. At approximately 4:54 pm. on November 3, 2005, Calvin Kent Wilson, a 24
year?old black male, was lawfully operating his motor vehicle on Rosehill Road in the City of
Fayetteville, North Carolina when he was stopped by a Fayetteville Police Of?cer who claimed
to have become suspicions that criminal activity was afoot when Wilson, who previously had
been ?dancing? behind the wheel of his automobile while at a stoplight, suddenly stopped
dancing when he saw the police of?cer in his patrol car. Based upon Wilson?s allegedly
?suspicious activity,? the Fayetteville police of?cer decided to follow Wilson?s vehicle and
theleafter allegedly witnessed Wilson driving without wearing a seatbelt (an assertion that was
disputed by eyewitnesses) and making a right turn without signaling his intention to do so (a
maneuver that is not unlawful unless the operation of another vehicle would be affected by the
failure to signal). Based further upon these non?violations of North Carolina traf?c laws, Wilson
was stopped by the police of?cer and asked to produce his driver?s license and registration.
During the course of the traf?c stop, for which there is no audio recording because the of?cer
involved reportedly was not wearing a microphone, the police of?cer who stopped Wilson

allegedly saw the barrel of a pistol lying on the ?oor underneath the driver?s seat. Though

Wilson never held, displayed-or otherwise threatened-tense the gun? inhis vehicleat anytime

during the traf?c stop, the ayetteville police of?cer who stopped Wilson shot him twice at
point-blank range through the open driver?s side window the moment that Wilson purportedly
attempted to open the driver?s side door of his vehicle. Upon being struck by the police of?cer?s
bullets, Wilson jumped out of his vehicle (with no weapon in his hand), collapsed, and died at

the scene.

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62. Upon information and belief, between 2008 and 2012, at least 886 complaints
accusing Fayetteville police of?cers of misconduct, including the use of excessive force, were
lodged with the Fayetteville Police Department. Upon further information and belief, citizens
?led more than 575 of these complaints, and the remaining complaints were ?led by employees,
primarily supervisors, of the ayetteville Police Department.

63. According to the Of?ce of Professional Standards and Inspections of the
Fayetteville Police Department (Internal Affairs), only 1% of the complaints ?led in 2012 by
citizens alleging the use of excessive force were sustained by the Fayetteville Police Department.
The same report indicates that from 20104012, 6% of citizen complaints alleging conduct
unbecoming of an of?cer, 4% of citizen complaints sounding in unsatisfactory police
performance, and 0% of citizen complaints alleging biased policing were sustained by the
department. Conversely, when the complaints of violating the law, engaging in conduct
unbecoming of an of?cer, and performing as a police of?cer in an unsatisfactory manner were
initiated by a supervisor or some other member of the Fayetteville Police Department, such
complaints, for the years 2009-2012, were sustained 100%, 83%, and 93% of the time,
respectively.

64. With respect to the use of force by police of?cers employed by the City of
Fayetteville (including, but not limited to, the use of one?s hands, dogs, ?rearms, Tasers, pepper
sprays, and batons as weapons), the Of?ce of Professional Standards and Inspections further
reports that, despite the racial makeup of Cumberland County and the City of Fayetteville, North
Carolina, in 2011, 76% of all incidents involving the use of force by Fayetteville police of?cers
involved black and A?icanwAmerican citizens, while only 16% of those incidents involved white

citizens. Similarly, in 2012, 68% of all use of force incidents involved black and African-

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American citizens, while only 29% of those incidents involved white citizens.

65. Upon information and belief, between January 1, 2011 and December 31, 2012,
the City of Fayetteville and its Police Department declined to take disciplinary action in 99% of
all cases in which a ayetteville police of?cer was accused by a citizen of having used excessive
of force.

66. Similarly, upon information and belief, between January 1, 2011 and December
31, 2012, not a single police of?cer for the City of Fayetteville was terminated as the result of an
excessive use of force complaint ?led by a citizen.

67. Between October 2011 and October 2013, there were at least 9 shootings of
citizens by the Fayetteville Police Department, all of which involved multiple rounds being fired
by the o?'icers, 6 of which resulted in the death of the citizen, and 3 of which involved ?eeing
citizens who were not under arrest or in custody, but were nevertheless shot multiple times in the
back.

68. Upon information and belief, not one of the Fayetteville police of?cers who were
involved in the above-described incidents involving the use of force has been disciplined,
terminated, or otherwise subjected to adverse employment action by the City of Fayetteville or
the Fayetteville Police Department as a result of their conduct in those incidents.

FACTUAL ALLEGATIONS CONIMON TO ALL CLAIMS FOR RELIEF
. 69. At all times relevant to this complaint, Nijza Lamar Hagans was a young adult
citizen of the United States of America, and was entitled to exercise and enjoy all of the rights
and privileges provided by the Constitutions of the State of North Carolina and of the United
States of America, including the Fourth and the Fourteenth Amendments thereto.

70. At approximately 6: 10 am. on Januaiy 24, 2013, Nijza was lawftu operating his

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girlfriend?s Ford Explorer automobile in a general southeasterly direction on Morganton Road in
Fayetteville, North Carolina. Nijza had spent the previous night at his grandmother?s home near
Reilly Road in Fayetteville, and was in the process of driving to his father?s home on August
Drive in Fayetteville.

71. Meanwhile, driving in the opposite direction of Ni jza on Morganton Road was
Fayetteville police officer Aaron Lee Hunt. Defendant Hunt had just completed his work shift
for the Fayetteville Police Department and was on his way home in his police cruiser when,
according to Defendant Hunt, he saw Nijza Hagans driving in the opposite direction and
?something just didn?t seem right.?

72. Immediately upon seeing Nijza driving in the opposite direction, Defendant Hunt
abruptly made a U?turn and began following Nijza?s vehicle on Morganton Road. Seconds later,
Defendant Hunt activated the blue lights on his patrol car in order to initiate a traf?c stop of
Nijza?s Hagans? vehicle.

73. Upon information and belief, on January 24, 2013, Defendant Hunt did not have
probable cause or reasonable suspicion to follow, to stop, or to detain Nijza Hagans or his
vehicle.

74. Upon ?irther information and belief, Defendant Hunt?s decision to initiate a
traf?c stop of Nijza Lamar Hagan?s vehicle was a pre-text for acting on his hunch that
?something just didn?t seem right? when he saw Nijza in his vehicle, and was consistent with the
ayetteville Police Department?s practice, custom, and history of disproportionately and
discriminatorin initiating traffic stops of black and African-American motorists as a pro-text for
acting on ?hunches? and conducting searches and seizures where probable cause and/or

reasonable suspicion to do so does not otherwise exist.

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75. In response to Defendant Hunt?s activation of his blue lights, Nij za turned right
onto South Virginia Avenue (which serves a neighborhood ?lled with single family homes) and
stopped his vehicle after pulling off and over to the right side of the road.

76. As soon as Nijza pulled over and stopped his vehicle, Defendant Hunt exited his
police car and, with his right hand already grasping the top of his holstered service ?rearm,
approached the driver?s side of Nijza?s vehicle.

77. What was said during the ensuing verbal comnmnications between Nij za and
Defendant Hunt cannot be veri?ed because Defendant Hunt deliberately either deactivated, or
chose not to activate the ?body mic? andlor external microphone and audio recorder that he was
wearing as part of his police?issued service gear.

78. Upon information and belief, Defendant Hunt?s deactivation or failure to activate
the ?body mic? and/or external microphone and audio recorder that he was wearing as part of his
police~issued service gear was in direct violation of the Fayetteville Police Department?s
standard Operating procedure.

79. According to Defendant Hunt, after arriving at the driver?s side door of Nij za?s
vehicle, Defendant Hunt asked Nijza to present his dn'ver?s license and registration for the
vehicle he was driving, and Nijza complied with this request.

80. For approximately the next three minutes, Defendant Hunt remained standing
alongside the driver?s side door of Nijza?s vehicle while a conversation of unknown substance
between the two of them took place. During this three minute span of time, Defendant Hunt
exhibited no fear or apprehension of what Nijza Lamar Hagans was saying or doing: he,
Defendant Hunt, did not point or make any other gesture toward Nijza, did not retreat to his

patrol car, did not move away from Nijza?s vehicle, did not request or call for of?cer assistance

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(?back up? and did not draw his ?rearm. Nor, during this period of time, did Defendant Hunt
ever place Nijza Lamar Hagans under arrest, or otherwise attempt to take him into custody.

81. Defendant Hunt previously has admitted that during the three minute period of
time during which he stood alongside Nijza?s vehicle and had a conversation that was not
recorded, Nij za Lamar Hagans never uttered or communicated a threat of any kind. to Hunt?s
safety.

82. Though there is no way to now know exactly what Defendant Hunt may have said
to Nijza during the approximately threelniinute period of time during which he stood alongside
Nijza?s vehicle and had a conversation that was not recorded, what is known is that
approximately three minutes after Defendant Hunt asked for and received Nij za? 3 driver? 3 license
and the registration for the vehicle, Nijza opened the door of his vehicle and starting running
away from Defendant Hunt.

83. At no time during his encounter with Defendant Hunt did Nij za Lamar Hagans
point, hold, brandish, reach for, display, or otherwise use or threaten to use a weapon of any
kind. Nor, upon information and belief, did Defendant Hunt at any time during his encounter
with Nijza Lamar Hagans reasonably and objectively believe that Nijza was pointing, holding,
brandishing, reaching for, displaying, or otherwise using or threatening to use a weapon of any
kind.

84. Nevertheless, the moment that Nijza exited his vehicle and started running away,
Defendant Hunt, without provocation, justi?cation, warning, re?ection, or legal excuse, drew his
?rearm, inexplicably activated his ?body mic? and audio recorder three minutes after the
encounter had begun, and ?red an initial burst of three shots at the ?eeing young Nij za.

85. Of the three gunshots that Defendant Hunt initially ?red at Nijza Hagans, one

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blewa 1/2? hole into the left side of Nij za?s chest, another one blew a nearly 1? through-and?
through hole into Nij za?s left arm just below the elbow, and Nijza, whose voice can now be
heard on the audio recording equipment that has been activated by Defendant Hunt, immediately
cried out in pain and terror, and continued trying to get away from Defendant Hunt.

86. Upon information and belief, the ?rst three shots that Defendant Hunt ?red at
Nij za Hagans completely incapacitated him, eliminated any threat to Hunt?s safety that he
previously may have reasonably perceived, and rendered the further use of force by Defendant
Hunt, eSpecially deadly force, completely unnecessary, unreasonable, and gratuitous.

87. Nevertheless, several seconds after ?ring the initial burst of bullets at a ?eeing
and non-threatening Nijza Lamar Hagans, Defendant Hunt, despite having had sufficient time to
safely assess the situation and to determine that the continuing use of deadly force was not
reasonable or necessary, unreasonably and urmecessarily ?red at least two more gunshots at
Nijza, striking him twice in the back and delivering devastating wounds that ultimately caused
Nijza?s untimely death.

88. In spite of the fact that Nij za lay completely incapacitated and mortally wounded
in the immediate aftermath of Defendant Hunt?s unjusti?ed shooting, for several minutes
therea?er, Defendant Hunt and a phalanx of Fayetteville police of?cers who had rushed to the
scene after the shooting deliberately withheld medical care, attention, and treatment from Nij za,
and allowed him to die in the exact same location and bodily position where his body had fallen
after 'being shot by Defendant Hunt.

89. In the several months immediately preceding his death, Nij za. had read more than
1,000 books, had earned his GED, and had registered to attend Fayetteville Technical

Community College.

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90. Upon information and belief, Defendant Hunt, who had no prior law enforcement
expeiience, began working ,as a police, of?cer forthe City of Fayetteville on December 17, 2010.

91. Within the ?rst two years of his employment with the Fayetteville Police
Department, Defendant Hunt became the subject of multiple complaints accusing him of using
excessive force against the citizens of ayetteville, not only with his hands, but also with at least
one of his police department?issued weapons. Upon information and belief, Huntihas never been
disciplined for any of these incidents.

92, Upon information and. belief, Defendant Hunt?s use of deadly force against Nijza
Lamar Hagans on January 24, 2013 was an example of, in furtherance of, and consistent with the
Fayetteville Police Department?s long and extensive practice, custom, and history of using
excessive force against its citizens.

93. Upon further information and belief, Defendant Hunt has never been disciplined,
terminated, or otherwise subj eoted to adverse employment action by the City of Fayetteville or
the Fayetteville Police Department as a result of his unjusti?ed shooting and killing of Nijza

Lamar Hagans.

THE FAYETTEVILLE POLICE DEPARTMENT USE OF EXCESSIVE FORCE
AGAINST DECEDENT, NIJZA LAMAR HAGANS

94. Upon information and belief, with the advice and consent of both the Fayetteville
City Council and the Fayetteville City Manager, the Fayetteville Police Department has adopted
mitten use of force regulations for use by its of?cers. These regulations are supposed to limit
the amount of force that can be used by a Fayetteville Police Of?cer against a citizen.

95. The written Fayetteville Police Department guidelines purport to restrict the use
of deadly force to those situations in which the of?cer has an obj ectively reasonable belief that

the individual to be subdued presents objective conduct that his actions are reasonath likely to
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cause death or great bodily harm to the of?cer or to the general public.

96. The Fourth Amendment to the United States Constitution prohibits law
enforcement of?cers from performing searches and seizures of people and property in an
unreasonable manner. Subsumed within this general prohibitiOn is the speci?c prohibition that
police of?cers may not use excessive force during the course of an arrest, an investigatory stop,
or any other ?seizure? of a ??ee citizen.

97. In the case of Plaintiff?s decedent, Nijza Lamar Hagans never, at any time
relevant to this complaint, engaged in any conduct that obj ectively and reasonably could have
been interpreted as likely to cause death or great bodily injury to Defendant Hunt or to the
general public.

98. Despite the non~tbreatening actions of Nijza, and the absence of any conduct on
his part that would lead areasonable police officer to conclude that he posed a threat of death or
seriobs bodily injury to Defendant Hunt, Defendant Hunt unreasonably and unnecessarily ?red
multiple high velocity bullets at Nij za, two of which struck Nijza in the back and were ?red at
least 25 feet away from their intended target.

99. At the time that he discharged his weapon, defendant Hunt did not have, and
could not have had, an obj ectively reasonable belief that Nijza?s actions constituted a threat of
death or great bodily injury to Defendant Hunt or to the public.

100. Nij za suffered four gunshot wounds as a result of the clearly excessive force used
by Defendant Hunt, two of which entered his back and were the cause of his death. The wounds

sustained by Nijza are described by the Medical Examiner as follows:

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Case Document 1-1 Filed 10/28/14 Page 27 of 53

GUNSI-IOT WOUND 

On the left upper chest, located 15.0? to the top of the head and 6.5? to the left of
the midline is an entrance gunshot wound (labeled on the diagram) consisting
of a round 0.5? perforation without marginal abrasion. The gunshot wound
perforates the soft tissue and pectoralis muscles of the left chest and indents the
sternum at the level of the 3rd rib. Lodged within the sternum just to the right of
midline and 16.0? to the top of the head is an intact, medium caliber projectile
(labeled bullet #2 on the diagram). In the anatomical position, the wound tract
travels from the decedent?s back to front, downward and left to right.

GUNSHOT WOUNDS #2 AND 

On the left upper back/left posterior shoulder are two entrance gunshot wounds
(labeled and on the diagram). One (E) is an entrance gunshot wound located
10.5? to the top of the head and 9.0? to the left of midline consisting of an oval
0.3? 0.2? perforation with a 0.1? marginal abrasion in the 69 o?clock position.
The other (D) is an entrance gunshot wound located 11.0? from the top of the
head and 4.0? to the left of midline consisting of an oval 0.4? 0.3? perforation
with a 0.1? circumferential marginal abrasion. Both gunshot wounds perforate
the musculature of the left upper back and enter the chest cavity in the region of
the left later0posterior 2nd-4th ribs with perforation of 2nd-3rd and 3rd-4th
intercostal spaces and fracture of the 2nd and 3rd ribs. Both gunshot wounds then
perforate the left upper lobe of the lung. One gunshot wound subsequently
perforates the left pulmonary artery then exists the chest cavity through the left
anterior 4th~5th intercostals space at a point 2.0? to the left of midline. Recovered
within the subcutaneous tissue above the left 2nd rib, 16.0? to the top of the head
and 4.0? to the left of midline is a deformed intact medium caliber projectile
(labeled bullet #3 on the diagram). After perforating the left upper lobe of the
lung the other gunshot wound perforates the ascending aorta and pericardium and
then confuses the right upper lobe of the lung and exists the chest cavity through
the right anterior 4th?5th intercostal space at a point 2.0? to the right of midline.
Recovered within the subcutaneous tissue of the right anterior chest, super?cial to
the right 4th rib, is an intact deformed medium caliber projectile (labeled bullet #1
on the diagram) located 16.5? to the tOp of the head and 6.0? to the right of
rnidline. Associated injuries consist of bilateral hemothorax. In the anatomical
position, the wound tracts travel from the decedent?s back to front, downward and
left to right.

GUNSHOT WOUND 

On the anterior left armjust below the elbow, is an entrance gunshot wound

(labeled on the diagram) located 15.0? to the tip of the left index ?nger and

consisting of a 0.5? 0.3? oval perforation with a 0.2 to 0.1? marginal abrasion in
the 6-12 o?clock position. The gunshot wound subsequently perforates the soft

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tissue and musculature of the left lower arm and exists an oval 0.8 0.5?
perforation on the posterior left forearm just below the elbow (labeled A on the
diagram) located 16.0? to.the tip of. the left index-?nger . In the anatomical
position, the wound tract travels from the decedent?s front to back and 
downward.

CLAIMS FOR RELIEF
COUNT I
. 
Aaron Lee Hunt, individually and in his official capacity
(Wrongful Death Negligence)
101. The allegations of Paragraphs 1 through 100 of this Complaint are re-alleged and
incorporated herein by reference.

102. At all times relevant hereto, Defendant Aaron Lee Hunt was acting within the
course and scope of his agency and employment as a police of?cer for the City of Fayetteville
and the Fayetteville Police Department.

103. Defendant Hunt owed Plaintiff? decedent, Nij za Lamar Hagans, a duty to
exercise reasonable care in preparing for and executing his duties as a police of?cer.

104. At the time and place, and on the date herein in question to wit, on Janualy 24,
2013; at approximately 6:10 am. -- Defendant Hunt, both individually and in his of?cial
capacity as a police of?cer for the City of Fayetteville and the Fayetteville Police Department,
breached his duties of care and was negligent in the following respects:

He failed to possess the necessary training and experience to safely and
competently serve as a police/patrol of?cer for the Fayetteville Police Depaitment;

He improperly initiated a motor vehicle traf?c sto without probable cause
and/or reasonable suspicion to do so;

He failed to recognize that Nijza Lamar Hagans did not pose a threat of death

or serious bodily injury to Defendant Hunt or to anyone else;
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 He failed to adequately assess the situation prior to aiming his semi?automatic
. pistol at Nijza and ?ring a totalof 4 shotsinto his body;

He aimed his police~issued, semi?automatic pistol at Nijza Hagans and,
deepite the absence of a reascmably objective belief that Nijza posed a threat to Defendant
Hunt or to any" other person whatsoever, deliberately ?red an initial burst of three shots at
the ?eeing Nijza, two of which struck and completely incapacitated Nij za;

DesPite having had a suf?cient amount of time to safely assess the situation
and to determine, after having already fired his weapon three times, that the continuing
use of deadly force against Nij za Hagans was not reasonable or necessary, he
nevertheless shot a ?eeing suspect, to wit, Nijza Lamar Hagans, two more times in the
hack;

He failed to recognize that Nijza was not pointing, holding, brandishing,
reaching for, displaying, or otherwise using or threatening to use a weapon of any kind
prior to aiming his semi-automatic pistol at Nijza and ?ring a total of 4 shots into his

body;
He shot Nijza Hagans despite admitting that he never saw Nijza pull out a

weapon or hold one in his hand;
He failed to warn Nijza at any time prior to aiming his semiautomatic pistol

and shooting him that deadly force would be, could'be, might be, or was going to be used

against him;

6) He failed to give Nijza an adequate opportunity to comprehend the situation

before using excessive and deadly force against him;

He failed to use less combative, provocative, and deadly methods of gaining

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control of the situation before resorting to the use of deadly force;

(1) Despite having a more than adequate Opportunity to safely do so prior to ever
aiming his semiautomatic pistol at Nijza Lamar Hagans and killing him with it, he failed
to retreat to his patrol car, call for back up, or otherwise move himself away ?orn any
danger that he may have reasonably perceived to exist;

(111) He failed to use his police?issued ?rearm as a reasonable, careful, and
prudent police of?cer would have used it under- the same or similar circumstances;

(11) He used deadly force against Nijza when he knew, or should have known,
that the use of deadly force was not reasonable, necessary, or justi?ed;

He negligently used excessive force against Nijza when such force was not
justi?ed under the circumstances and was in Violation of written regulations of the-

ayetteville Police Department regarding the nee of force;

For seVeral minutes in the immediate aftermath of the shooting of Nij za
Lamar Hagans, he withheld medical care, attention, and treatment from Nijza, and
allowed him to die in the exact same location and bodily position where he fell a?er
being shot; and

He was otherwise careless and negligent in such other ways as may be
revealed by discovery or during the trial of this action.

105. The negligent acts and omissions of Defendant Hunt, as described above, were
each proximate causes of the shooting and death of Nijza Lamar Hagans on January 24, 2013.

106. in committing the acts and omissions that are alleged generally in this Complaint,

and more particularly in this Count 1, Defendant Hunt acted maliciously and corruptly, and with

a willful and wanton disregard for the rightsand safety of both Plaintiff?s decedent and the

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general public (which was put at risk by gunshots being ?red recklessly and unnecessarily in a
residential neighborhood), all of which justi?esthe imposition of personal liability against
Defendant Hunt and an award of punitive damages for the wrongful acts that are herein alleged.

107. As a direct and proximate result of Defendant Hunt?s negligence in this regard,
Nijza Lamar Hagans suffered a terrifying, painful, and unnecessary death, and Plaintiff Reginald
Hagans is, as authorized by NC. Gen. Stat.  2811i?18?2, entitled to recover on behalf of the 
Estate of Nijza- Lamar Hagans compensatory damages in excess of Ten Thousand Dollars
from Defendant Aaron Lee Hunt in his of?cial capacity; compensatory damages in
excess of Ten Thousand Dollars from Defendant Aaron Lee Hunt in his individual
capacity; and punitive damages in excess of Ten Thousand Dollars from Defendant
Aaron Lee Hunt in his individual capacity.

COUNT II
Aaron Lee Hunt, individual; and in his of?cial capacity
I (Wrongful Death Negligence Per Se)

108. The allegations of Paragraphs 1 through 107 of this Complaint are re
alleged and incorporated herein by reference.

109. At all times relevant hereto, Defendant Aaron Lee Hunt was acting within the
course and scope of his agency and employment as a. police officer for the City of Fayetteville
and the Fayetteville Police Department.

1 10. Defendant Hunt owed Plaintiff?s decedent, Nijza Lamar Hagans, a duty to
exercise reasonable care in preparing for and executing his duties as a pplico o?cer.

11 1. At the time and place, and on the date herein in question -- to wit, on January 24,
2013, at approximately 6:10 am. Defendant Hunt, both individually and in his of?cial

capacity as a police of?cer for the City of Fayetteville and the Fayetteville Police Department,
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breaohed his duties of care and was negligent in this regard by committing the following offenses
against Nijza Lamar Hagans:
(3) Voluntary Manslaughter;
Involuntary Manslaughter;
Assault with a Deadly Weapon with Intent to Kill In?icting Serious Injury, in
Violation of North Carolina General Statutes, Section 
Assault with a Deadly Weapon In?icting Serious Injury, in Violation of North
Carolina General Statutes, Section 
Assault with a Deadly Weapon with Intent to Kill, in violation of North
Carolina General Statutes, Section 
AssaultIn?icting Serious Bodily Injury, in violation of North Carolina
General Statutes, Section 14?324;
Assault with a Deadly Weapon, in violation of North Carolina General
Statutes, Section 
Ch) Assault by Pointing a Gun, in violation of North Carolina General Statutes,
Section 1464; and
(1) Simple Assault and Battery, in violation of North Carolina General Statutes,
Section 14-33. I .
112. Defendant Hunt?s commission of these offenses constitutes negligence per se, and
was a proximate cause of the death of Nijza Lamar Hagans on January 24, 2013.
113. In committing the acts and omissions that are alleged generally in this Complaint,
and more particularly in this Count II, Defendant Hunt acted maliciously and corruptly, and with

a willful and Wanton disregard for the rights and safety of both Plaintiffs decedent and the

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general public (which was put at risk by gunshots being ?red recklessly and unnecessarily in a
residential neighborhood), all of which justi?es the imposition of personal liability against
Defendant Hunt and an award ofpmiitive damages for the wrongful acts that are herein alleged.

114. As a direct and proximate result of Defendant Hunt?s negligence in this regard,
Nijza Lamar Hagans suffered a terrifying, painful, and unnecessary death, and Plaintiff Reginald
. Hagans is, as authorized by NC. Gen. Stat. 2811-18?2, entitled to recover on behalf of the
Estate of Nij za~ Lamar Hagans compensatory damages in excess of Ten Thousand Dollars
from Defendant Aaron Lee Hunt in his of?cial capacity; compensatory damages in
excess of Ten Thousand Dollars from Defendant Aaron Lee Hunt in his individual
capacity; and punitive damages in excess of Ten Thousand Dollars from Defendant
Aaron Lee Hunt in his individual capacity.

COUNT 
Aaron Lee Hunt, individually and in his of?cial capacity
(Wrongful Death Assault and Battery)

115. The allegations of Paragraphs 1 through 11; of this Complaint are re-
alleged and incorporated herein by reference.

116. At all times relevant hereto, Defendant Aaron Lee Hunt was acting within
the course and scope of his agency and employment as a police of?cer for the City of
anetteville and the ayetteville Police Department.

117. The actions of Defendant Hunt on January 24, 2013 constituted an assault
and battery upon Plaintiff?s decedent under color of law, without just cause, adequate
provbcation', or legal excuse.

118. By ?ring 5 gunshots shots at Nijza Lamar Hagans and hitting him with

four of those shots, Defendant Hunt created a reasonable apprehension of an offensive
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touching and physical injury on the part of Nijza.

119t By ?ring 5 gunshots shots. at Nij za Lamar Hagans and hitting him with
four of those shots, Defendant Hunt acted with the intent to cause, and did in fact cause, a 
harmful and offensive touching of Nijza Hagaus? body.

120. Nijza Hagans did not consent to Defendant Hunt?s harmful and offensive
. contact with his body, and Defendant Hunt was not endowed with any privilege or legal
excuse that would excuse or justify his o?ensive and nonconsensual contact with ijza
Hagans? person.

121. Defendant Hunt?s assault and battery of Nijza Lamar Hagans caused Nijza
to experience extreme pain and suffering, pre~death terror and mental suffering, physical
trauma, and ultimately death. The gunshots blew four large holes into Nizj a?s body and,
among other things, perforated his left lung, damaged his right lung, perforated his aorta
and pericardium, and caused large amounts of blood to ?ll both sides of his chest cavity.

122. Defendant Hunt?s commission of this assault and battery was a proximate
cause of the death of Nijza Lamar Hagans on January 24, 2013.

123. In committing this assault and battery, Defendant Hunt acted maliciously and
corruptly, and with a will?Jl and wanton disregard for the rights and safety of both Plaintiff?s
decedent and the general public (which was put at risk by gunshots being fired recklessly and
unnecessarily in a residential neighborhood), all of which justi?es the imposition of personal
liability against Defendant Hunt and an award of punitive damages for the wrongful acts that are
herein alleged.

124. As a direct and proximate result of Defendant Hunt?s wrongful conduct in

this regard, Nijza Lamar Hagans suffered a terrifying, painihl, and unnecessary death,

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and Plaintiff Reginald Hagans is, as authorized by NC. Gen. Stat. entitled to
recover on behalf of the Estate of Nijza Lamar Hagans compensatory damages in excess
of Ten Thousand Dollars from Defendant Aaron Lee Hunt in his of?cial
capacity; compensatory damages in excess of Ten Thousand Dollars ??om
Defendant Aaron Lee Hunt in his individual capacity; and punitive damages in excess of
Ten Thousand Dollars from Defendant Aaron Lee Hunt in his individual

capacity.
COUNT IV
City of ?zyetteville
(Wrongful Death Direct Negligence)

125. The allegations of Paragraphs 1 through 124 of this Complaint are re-
alleged and incorporated herein by reference.

126. The City of ayetteville owed Plaintiff?s decedent a duty to exercise
reasonable care in ensuring that its agents and employees with the Fayetteville Police
Department performed their duties in such a way as to avoid placing Plainti??s decedent,
Nijza Lamar Hagans, and other members of the public in unreasonable danger of serious
injury or death.

127. The City of Fayetteville also owed a duty to exercise reasonable care in
ensuring that Plaintiff? decedent and other members of the public would be free from
unreasonable searches and seizures, and from being made the victim of excessive uses of
force by police officers employed by the City of Fayetteville and the Fayetteville Police

Department. i

128. The City of ayetteville breached the duties it owed to 

decedent, Nijza Lerner Hagans, in various ways, including, but not necessarily limited to,

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the following:

It failed to ensure that the Fayetteville City Manager and Chief of Police had
established reasonable and appropriate policies to accomplish the police department?s
legitimate mission of protecting and serving the general public, including Plaintiff?s
decedent, Nijza Lamar Hagans;

It failed to ensure that the ayetteville City Manager and Chief of Police had
established reasonable, appropriate, and effective policies regarding the hiring,
promotion, and retention of city law enforcement;

It failed to ensure that the Fayetteville City Manager and Chief of Police
provided adequate training, supervision, and instruction to Fayetteville police officers
with respect to the constitutional limits on searches, seizures, and the use of force;

It failed to ensure that the Fayetteville City Manager and Chief of Police
adequately trained, supervised, instructed andfor monitored members of the Fayetteville
Police Department in the use of force against suspects, detainees, and other members of
the public;

It failed to establish reasonable, appropriate, and effective policies and
procedures governing the situations under which and the manner in which Fayetteville
Police Department personnel could properly use deadly force against suspects and other
non?arrestees who are ?eeing or otherryise trying to get away from encounters with
Fayetteville police of?cers;

It failed to establish reasonable, appropriate, and effective policies and
procedures governing the situations under which and the manner in which Fayetteville

Police Department personnel could properly use deadly force against suspects and other

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I non-arrestees who possessed, but were not pointing, holding, brandishing, reaching for,
displaying, or otherwise using or threatening to use, a ?rearm or other potentially deadly
weap on;

It failed to ensure that all Fayetteville Police Department personnel were
complying with existing policies and procedures with regard to the use of excessive er
deadly force; 

In'response to prior incidents involving the wrongful use of excessive or
deadly force by officers of the Fayetteville Police Department, it failed to take corrective
action that would have prevented or deterred the o?icers who were involved in those
prior incidents (and others under its control) from being in a position to again engage in
the use of unreasonable and excessive force;

It failed to take meaningful and effective disciplinary action against members
of the Fayetteville Police Department who had committed or participated in incidents
involving the use of unreasonable and excessive force;

It negligently hired Defendant Aaron Lee Hunt;

(it) It failed to properly train Defendant Aaron Lee Hunt with respect to the
constitutional limits on searches, seizures, and the use of force;

(I) It failed to properly train Defendant Aaron Lee Hunt with respect to the preper
manner of safely responding to a situation in which there is a belief whether correct or
incorrect that a traf?c stop detainee possesses a Weapon or otherwise poses a threat of
death or serious bodily injury to the of?cer or to the general public;

(1n) It failed to properly and adequately monitor, supervise, and review the

of?cial policc activities of Defendant Aaron Lee Hunt for evidence of misconduct and/or

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non?suitability for continuing employment as a police of?cer;

Through its inaction in the face of repeated instances of unreasonable and/or
excessive force being used by members of the ayetteville Police Department, it
cundoned ayetteville police of?cers in the belief and/or tacitly encouraged those of?cers
to believe that they could violate the rights of persons such as Plaintiff?s decedent with
impunity, and that such conduct would not adversely affect their opportunities for
promotion, retaining their employment, retaining their law enforcement certi?cation, and
retaining other important bene?ts of their employment and/or status as law enforcement
of?cers;

(0) Through its selection of, retention of, and failure to discipline police of?cers
with known propensities for engaging in excessive force, gratuitous violence, dishonesty,
and other misconduct, it condoned Fayetteville police of?cers in the belief andfor tacitly
encouraged those of?cers to believe that they could violate the rights of persons such as
Plaintiff? decedent with impunity, and that such conduct would not adversely a?ect their
opportunities for promotion, retaining their employment, retaining their law enforcement
certi?cation, and retaining other important bene?ts of their employment and/or status as
law enforcement of?cers;

It continually permitted patrol of?cers to have extended contact and verbal
communications with traffic?stop motorists and other detainees which were not
monitored or otherwise overseen via audio?recordings, thereby creating conditions under
which patrol of?cers had and did eXercise the ability to manufacture stories in an effort to
justify the use of excessive force and the commission of other constitutional violations

against motorists and other detainees;

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 It failed to require its police of?cers to fully and completely document the
type of, location of, and reason for all traf?c stops conducted in the City of Fayetteville, 
thereby maintaining, condoning, and otherwise encouraging the Fayetteville Police
Department?s historical and continuing practice of engaging in racially discriminatory
motor vehicle traf?c stops; and

(I) .It was careless and negligent in such other ways as may be revealed by
discovery or during the trial ofthis action.

129. The negligent acts and omissions of the City of Payetteville, as described above,
were each proximate causes of the incident which resulted in injuries to and the death ofNijza
Lamar Hagans.

130. I As a direct and proximate result of the City of ?Fayetteville?s negligence in this
regard, Nijza Lamar Hagans was unlawfully stopped while driving his automobile, and suffered 
a terrifying, painful, and unnecessary death. Plaintiff Reginald Hagans, as Administrator of the
Estate of Nij za Lamar Hagans, is therefore entitled to recover compensatory damages ??om the
City of Fayetteville in an amount exceeding Ten Thousand Dollars and as
authorized by NC. Gen. Stat. 



City of Fayetteville
(Wrongful Death Imp uted Negligence)

131. The allegations of Paragraphs 1 through 130 of this Complaint are re?
alleg'ed and incorporated herein by reference.

132. At all times relevant hereto, Defendant Aaron Lee limit was acting within

the course and scope of his agency and employment as a police of?cer for the City of

Fayetteville and the Fayetteville Police Department.
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133. As set forth in Counts I and II of this Complaint, Defendant Aaron Lee Hunt
- owed Plaintiff?s decedent,-Nijza-Latnar to exercise reasonable care in preparing
for and executing his duties as apolice of?cer.

134. At the time and place, and on the date herein in question to wit, on January 24,
2013, at approximately 6: 10 am. Defendant Hunt, both individually and in his of?cial
capacity as a police of?cer for the City of Fayetteville and the Fayetteville l?olice Department,
breached his duties of care and was negligentin all of the ways described hereinabove in Counts
I and IL. A

135. The negligent acts and omissions of Defendant Hunt as described in
Counts I and II of this Complaint were each proximate causes of the shooting and death
of Nijza Lamar Hagans on January 24, 2013.

136. As an employee of Defendant City of Fayetteville, Defendant Aaron Lee
Hunt was, at all times relevant hereto, an agent of the City of Fayetteville, and liability
for his negligent conduct, perpetrated under color of law and during the course and scope
of his employment with the City of ayetteville, lies equally with the City of ayetteville
under theories of agency, vicarious liability, and respondent superion

137. Accordingly, as a direct and proximate result of Defendant Aaron Lee
Hunt?s negligence, Plaintiff has been damaged, as hereinabove described, and is entitled
to recover compensatory damages for Defendant Hunt?s negligence directly from the City
of Fayetteville in an amount exceeding Ten Thousand Dollars and as

authorized by NC. Gen. Stat. 

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COUNT VI
City of'F-Xyetteville
(Wrongful Death Assault and Battery)

138. The allegations of Paragraphs 1 through 137 of this Complaint are re?
alleged and incorporated herein by reference.

139. At all times relevant hereto, Defendant Aaron Lee Hunt was acting Within
the course and scope of his agency and employment as a police of?cer for the City of
Fayetteville and the Fayetteville Police Department.

140. As set forth in Count of this Complaint, the actions of Defendant Hunt on
January 24, 2013 constituted an assault and battery upon Plaintiff decedent under color of law,
without just cause, adequate provocation, or legal excuse.

141. As an employee of Defendant City of Fayetteville, Defendant Aaron Lee
Hunt was, at all times relevant hereto, an agent of the City of Fayetteville, and liability
for his assaultive conduct, perpetrated under color of law and during the course and scope
of his employment with the City of Fayetteville, lies equally with the City of Fayetteville
under theories of agency, vicarious liability, and respondeaz? superior.

142. Accordingly, as a direct and proximate result of Defendant Aaron Lee
Hunt?s assaultive conduct, Plaintiff has been damaged, as hereinabove described, and is
entitled to recover compensatory damages directly from the City of Fayetteville in an

amount exceeding Ten Thousand Dollars and as authorized by NC. Gen.

Stat. 

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COUNT V11
Aaron Lee Hunt, and in his of?cial capacity
(Violation of 42 U.S.C. 1983 Excessive Force and Unlawful Traf?c Stop)

143. The allegations of Paragraphs 1 through 142 of this Complaint are re?
alleged and incorporated herein by reference.

144. At all times relevant hereto, Defendant Aaron Lee Hunt was actingwithin
the course and scope of his agency and employment as a police officer for the City of
Fayetteville and the Fayetteville Police Department.

145. By engaging in the actions and omissions described above, including, but
not necessarily limited to, the unjusti?ed traf?c stop and fatal shooting of Plaintiff?s
decedent, Nijza Lamar Hagans, Defendant Aaron Lee Hunt deprived Nijza of the
following clearly~estab1ished constinitional rights that are secured by the Fourth and
Fourteenth Amendments to the United States Constitution:

a. The right to be ?ne ?om unreasonable searches and seizures;

b. The right to be ?ee from being subjected to unreasonable and
excessive force at the hands of the police during a search, a seizure, and/or an
investigative detention; and

e. - Such other rights as may be established during the course of
discovery or the trial of this action.

146. Defendant Hunt committed these deprivations under color of law, and

While working within the course and scope of his employment as a police of?cer for

Defendant City of Fay'etteirille, North Carolina.

147. In committing these constitutional Violations, Defendant Hunt acted maliciously,

corruptly, and with a willful and Wanton disregard for the rights and safety of both Plaintiff 3
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decedent and the general public (which was put at risk by gunshots being ?red recklessly and
unnecessarily in a residential neighbo?iood), all of which justi?es the imposition of personal
liability against Defendant Hunt and an award of punitive damages for the wrongful acts that are
herein alleged.

148. As a direct and proximate result of Defendant Hunt?s violation of Nijza
Lamar Hagans? constitutional rights, Nij za was Unlawfully stopped while driving his .
automobile and suffered a terrifying, painful, and unnecessary death. Plaintiff Reginald
Hagans is, therefore, entitled to recover on behalf of the Estate of Nijza Lamar Hagans
compensatOIy damages in excess of Ten Thousand Dollars from Defendant
Aaron Lee Hunt in his of?cial capacity; compensatory damages in excess of Ten
Thoussnd Dollars ?om Defendant Aaron Lee Hunt in his individual
capacity; and punitive damages in excess of Ten Thousand Dollars from
Defendant Aaron Lee Hunt in his individual capacity.

COUNT 
Aaron Lee Hunt and DOES 1-15, indizr?idually and in their of?cial capacities
(Violation of 42 U.S.C. 1983 - Denial of Medical Care)

149. The allegations of Paragraphs 1 through 148 of this Complaint arere?
alleged and incorporated herein by reference.

150.. At all times relevant hereto, Defendant Aaron LeeHunt was acting within
the course and scope of his agency and employment as a police of?cer for the City of
ayetteville and the ayetteville Police Department.

151. Within moments of Defendant Aaron Lee Hunt?s shooting of Nijza Lamar

Hagans, several additional police of?cers arrived at the scene of the shooting.

152. Upon information and believe, the police of?cers who arrived at the scene
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of the shooting were agents and employees of the City of Fayetteville and the Fayetteville
.Police Depaitment.

153. Because Plaintiff is presently unaware of the true names and identities of
the police of?cers who arrived at the scene of the shooting within moments of its
occurrence, for Convenience those of?cers will be referred to here as Does l~15.

154. In Spite of the fact that Nijza lay completely incapacitated and incitally
Wounded in the hmnediate aftermath of Defendant Huntis unjusti?ed shooting, for
several minutes thereafter, Defendant Hunt and Does 1?15 deliberately stood by and
withheld medical care, attention, and treatment from Nij za, thereby allowing him to die in
the enact same location and bodily position Where he fell after being shot.

155. Upon information and belief, these defendants? denial of medical care
exacerbated Nijza?s physical injuries and caused him to experience increased trauma,

pain and su??ering, pre?death terror, and ultimately death.

156. As a result of their conduct, Defendants Hunt and Does 1-15 are liable for
those of Nijza?s injuries and losses that are attributable to the denial of medical care,
either because they were integral participants in the misconduct, or because they failed to
intervene when they had the opportnnity and duty to do so to prevent this violation.

157. Defendant Hunt?s and Does l-lS?s actions in this regard were done maliciously,
corruptly, and vvith a willful and wanton disregard for the rights and safety of Plaintiff 
decedent, all of which justi?es the imposition of personal liability and an award of punitive
damages against these defendants for the wrongful acts that are herein alleged.

158. As a direct and proximate result of Defendant Hunt?s and Does 1-15?3

. denial of medical care to Plaintiff?s decedent, Plaintiff?s decedent suffered aterrifying,

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painful, and unnecessary death. Plaintiff Reginald Hagans is, therefore, entitled to
recover on behalf of the Estate .ofNijza Lamar Hagans compensatory damages in excess
of Ten Thousand Dollars ??om Defendant Aaron Lee Hunt in his of?cial
capacity; compensatory damages in excess of Ten Thousand Dollars from
Does 1?1 5 in their official capacities; compensatory damages in excess of Ten Thousand
Dollars from Defendant Aaron Lee Hunt in his individual capacity;
compensatory damages in excess of Ten Thousand Dollars from Does 145
in their individual capacities; punitive damages in excess of Ten Thousand Dollars
from Defendant Aaron Lee Hunt in his individual capacity; and punitive
damages in excess of Ten Thousand Dollars from Does 1?15 in their
individual capacities.
COUNT IX
City ef?gyetteville
(Violation of 42 U.S.C. 1983 Excessive Force, Unlawful Traf?c Stop, and Denial of
Medical Care)
159. The allegations of Paragraphs 1 through 158 of this Complaint are re-
alleged and incorporated herein by reference.
ONELL ALLEGATION 
160. Based upon the principles set forth in Monell v. New York City Department of
Social Services, 430 U.S. 658 (1978), the City of ayetteville is liable for all of the injuries,
losses and damages that are set forth herein. The City of Fayetteville bears liability because its
policies, practices, customs and/or usages caused Plaintiff?s injuries, losses, and damages. In,
particular, the City of Fayetteville, by and through of?cials, managers, and policymakers of and

for the City of Fayetteville (such as the Fayetteville City Council, the Fayetteville City Manager

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and the Fayetteville Chief of Police), has condoned, acquiesced in, and otherwise deliberately
failed to correct or put a stop to a known, persistent and wideSpread pattern of brutality,
excessive force, and racially biased policing practices committed by its police force.

161.. In this regard, the City of Fayetteville, up0n information and belief, has
maintained or permitted one or more of the following policies, practices, customs, or usages with

resPect to the Operations of the ayetteville Police Department:

A. Failinth provide adequate training and supervision to Fayetteville police

of?cers with reSpect to constitutiOnal limits on searches, seizures, and the use of force;

B. Failing to adequately discipline and/or retrain of?cers involved in
misconduct;
C. Hiring, retaining, and assigning of?cers with demonstrable propensities

for excessive force, violence, dishonesty, and other misconduct;

D. Condoming officers in the belief andlor tacitly encouraging of?cers to
believe that they can violate the rights of persons such as Plaintiff?s decedent with
impunity, and that such conduct will not adversely affect their Opportunities for
promotion, retaining their employment, retaining their law enforcement certification, and
retaining other important bene?ts of their employment and/or status as law enforcement
of?cers;

E. Failing to provide timely, proper, and adequate medical care to citizens,
suspects, and arrestees who have been injured during encounters with Fayetteville police
of?cers;

F. Condoning, tolerating, ratifying and/or encouraging the use of excessive

force upon citizens, suspects, and arrestees during their encounters with Fayetteville

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police of?cers;-

G. Retaining, assigning and selecting of?cers with known propensities for
excessive force, violence, dishonesty, and other misconduct;

H. Failing to take adequate steps to discipline of?cers who have wrongfully
used or engaged in excessive force, violence, dishonesty, and other misconduct;

I. Permitting patrol officers to have extensive contact and Verbal
communications with traf?c-stop motorists and other detainees which are not monitored
or otherwise overseen via audio-recordings, thereby creating conditions under which
patrol of?cers haze and exercise free reign to manufacture stories in an effort to justify
the use of excessive force and the commission of other constimtional violations against
such motorists and other detainees;

l. Failing to put a stop to, and thereby condoning, tolerating, ratifying and/or
encouraging, the Fayetteville Police Department?s historical and continuing practice of
engaging in racially discriminatory motor vehicle traf?c stops;

K. Failing to put a stop to, and thereby condoning, tolerating-ratifying and/or
encouraging, the Fayetteville Police Department?s historical and continuing practice of
using traf?c stops as pre?texts for acting on ?hunches? that criminal activity is afoot, and
for conducting searches and seizures where probable cause andfor reasonable suspicion to
do so does not. otherwise exist;

L. Failing to require full and complete documentation of the type of, location
of, and reason for all traffic stops conducted in the City of Fayetteville, thereby
maintaining, condoning, and otherwise encouraging the Fayetteville Police Department?s

historical and continuing practice of engaging in racially discriminatory motor vehicle

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traffic stops; and
M. Ratifying, condoning, and otherwise failing to discipline

Fayetteville police of?cers for committing the very same kinds of unconstitutional

acts that are alleged to basic occurred in this case.

162. Upon information and belief, at the time that Defendant Hunt stopped and
detained, and then shot and killed Plaintiff" decedent, the foregoing policies, practices,

. customs and usages fostered and encouraged a mentality of lawlessness and repression
within certain members of the Fayetteville Police Department. Upon further information
and belief, these policies, practices, customs and usages, Specifically including, but not
limited to, the persistent failures to properly and adequately hire, train, instruct, monitor,
supervise, evaluate, investigate, and discipline members of the police force, along with
the continuing tacit approvals, ratifications, and toleration of excessive force and
discriminatory policing practices, each and all were a moving force and/or proximate
cause of the deprivations of Nijza Lamar Hagans? clearlyrestablished constitutional
rights.

163. Defendants subjected Nijza Lamar Hagans to their wrongful conduct, and
deprived   the constitutional rights herein described, knowingly, maliciously and
corruptly, and with a willful, wanton and reckless disregard of, and deliberate
indifference to, those rights. 

164. More particularly, the City of Fayetteville was deliberately indifferent to
the risk that its inadequate policies, practices, customs, andlor usages were almost bound
to lead to an unjusti?ed and discriminatory traf?c stop (such as that which occurred in

this case) as well as an ensuing use of excessive force against'a non?threatening and, in

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this case, ?eeing investigatory detainee. 

165. A5 a direct and proximate result of the deprivation of Nijza Lamar?s
Hagans? constitutional rights, Nijza was unlawfully stepped while driving his automobile,
deaned of immediate medical care, attention and treatment for his injuries, and suffered
a terrifying, painful, and unnecessary death Plaintiff Reginald Hagans, as Administrator
of the Estate of Nijza Lamar Hagans, is therefore. entitled to recover compensatory
damages for these deprivations directly from Defendant City of Fayetteville in an amount
in exoess of Ten Thousand Dollars 

WEEREFORE, Plaintiffs pray for relief as follows:

1. That, as to Count I of this Complaint, Plaintiff have and recover: from
Defendant Aaron Lee Hunt, in his official capacity: compensatory dainages, as set forth in G.S. 
in an amount exceeding $10,000; and from Defendant Aaron Lee Hunt, in his
individual capacity, both compensatory damages and punitive damages, as set forth in G.S. 
in an amount exceeding $10,000.00.

.2. That, as to Count II of this Complaint, Plaintiff have and recover: from
Defendant Aaron Lee Hunt, in his of?cial capacity: compensatory damages, as set forth in (3.3. 
in an amount exceeding $10,000.00; and from Defendant Aaron Lee Hunt, in
his individual capacity, both compensato1y damages and punitive damages, as set forth in G.S. 
in an amount exceeding $10,000.00.

3. That, as to Count 11H of this Complaint, Plaintiff MW and recoVer: from
Defendant Aaron Lee Hunt, in his of?cial capacity: compensatory damages, as set forth in G.S. 
in an amount exceeding $10,000.00; and from Defendant Aaron Lee Hunt, in

his individual capacity, both compensatory damages and punitive damages, as set forth in (3.8. 

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 in an amount exoeeding $10,000.00.

4. That, as to Count IV of this Complaint, Plaintiff haze and recover from Defendant
City of Fayetteville compensatory damages, as set forth in 0.8. in an amount

exceeding $10,000.00.

5. That, as to Count of this Complaint, Plaintiff have and recover from Defendant
. City of Fayetteville compensatory damages, as set forth in G3. in an amount

exceeding $10,000.00.

6. That, as to Count VI of this Complaint, Plaintiff have and recover Plaintiff have
and recover from Defendant City of Fayetteville compensatory damages, as set forth in G.S. 

in an amount exceeding $10,000.00.

7. That, as to Count VII of this Complaint, Plaintiff have and recover: from
Defendant Aaron Lee Hunt, in his official capacity: compensatory damages in an amount
exceeding $10,000; and from Defendant Aaron Lee Hunt, in his individual capacity, both
compensatory damages and punitive damages in an amount exoeeding $10,000.00.

8. That, as to Count of this Complaint, Plaintiff have and recover: from
Defendants Aaron Lee Hunt and Does 1-15, in their of?cial capacities: compensatory damages in
an amount exceeding $10,000; and Ch) from Defendants Aaron Lee Hunt and Does 1?15, in their
individual capacities, both compensatory damages and punitiVe damages in an amount exceeding

$10,000.00.

9. That, as to Count IX of this Complaint, Plaintiff have and recover from Defendant

City of Fayetteville Compensatory damages in an amount exceeding $10,000.00.
10. That, as to all appropriate Counts of this Complaint, including, but not limited to,

Counts VII, and IX, Plaintiff have and recover from all defendants, jointly and severally,

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Case 5:14-cv-00717-F Document i-l "Filed 10/28/14 Page 51 of 53

 

 

reasonable attorney?s fees and expert fees.

11. That the costs of this action be taxed against the defendants.

12. That this case have a Trial By Jury on all issues so triable. I

13. That Plaintiff haVe such other and further relief as to the Court may seem just and

proper.



IL.
This the EL day of September, 2014.
LAW OFFICES OF CHUKWUDI E. UMERAH

    

ukWudi E. Umerah
Attorney for Plaintiff
NC. State Bar No.: 24583

210 E. Russell Street, Suite 106
Fayetteville, North Carolina 28301

(910) 323-9272

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Case 5:14-cv-00717-F Document 1-1: Filled 10/28/14 Page 52 of 53

 

 

VERIFICATION

North Carolina 

Cumberland County 

Reginald Hagans, being ?rst duly sworn, hereby deposes and says that he is this Flf?t??"
in the above~captioned action, and that the statements set forth-111 the foregomg Contpfam ti 
true to the best of his knowledge and belief, except for those matters set forth upon in orma 
and belief, and as to those matters, he believes them to be true.

 

 

 

ald Haga'ns, Pla?itniff

Sworn to and subscribed before
me this  day of September, 2014.



Notary lie 
. 1 2-0] :1

My CI 
NOTARY

 

 







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