SUYERIOR COURT 131-' THE DISTRICT OF COLUMBIA COLLII-ZR JR Civil Dlvlaion And. . FILEDOEB ANTIIOBY SMART new a 1 2013 Plumn' wuxuinslonn. DC- v. THE DISTRICT COLUMBIA Officc ofrhe Mayor Ann. Gmy 1350 Floor 'ashmgIon, DC 20004 bfiioc of the Auumcy Gem.-ml Ann: Irvin B. Nathan ashinglon. DC 20001 And, MPD DFFIFER And, LAQCAN WILLIAMS Defmdanls. imfiflfimuumfin . COMPLAINT (Negligence) l. Jurisdiction 1. This action is brouyu pursuant to 42 use ?19s3' and me Fourth and Amendmems to the United States Conslilution and Lhe common law ofthr?gstrict of bmumma. 2. Thus noun has jurisdiction uvcr this action pulsuan . Code I l--921 . man) 3. Notice was sent to the District of Colum nJuly23, 2013. (R) 4. Plaintiff, Owen Collier resxdem of-- (R) 5. Plaintiff, Anlhon ,isarcsidcnIof-- 7 6. Defendant/ Columbin .5 a municipal corporation. 7. Deg an Williams is a rcsidcm ml (C) 111. Fxctunl Bukggound (C) 8. Mr. Collier and othcr security staff wcre on duty at the Stadium ocalod at 2127 Queens Chapel Rd NE Washington. DC 10015, on June 23, 2013. At Ibuul 2.40 am. the host for the evening, defcndant LnQuan Williams, a of Balumons Ravcns, and his entourage ofsom: 30 persons, ware asked to leave me rrcmism because they were smoking manjuamt and olhar Illegal substances inside the Club. They were escorted outside into the parkhg lot area by the Club's security personnel where defendant IaQuan Williarns assaulted and batter€d a memb€r of the security team, plaintiffAnthony Smart. Other meolbers of defendant Williams' entourage then attacked security p€rsonnel who attempted to assist Mr. Smart. These wenB in the parking lot were observed by members of the defendant District of PlaintiffCollier was assaulted and struck with a ic the parking lot, wielding batons. e Columbia's Metropolitan Police force ( hereinafter " MPD" ) who came running into rv bston wielded by defendant MPD Officer Anthony McRae in his right eye causing Se him *rious injuries, including, but not limited to, a karunatic brain injtrry. At the s time he was struck, Mr. Collier was walking towards Mr. Smart. Also upon ew infounation and belief, the commanding officer of the MPD detachment was Sergeant and proximate result ofthe excessive force described above, e 9. As a direct N Fox, a Caucasian fernale. a severe us plaintiffOwen Collier suffered multiple injuries, including but limited to ho injury to his right eye and a tratrmatic brain injury; plaintiff Anthony Smart sufTered C ou rt multiple bruises and contusions. COUNT (Negligarce OT\IE - District of Columbia) 10. Plaintiffs hereby incorporate paragraphs I through 9, supra,by refercnce. I l. Offic€rs employed by MPD, aaing within the scope of their employnent, failed to exercise the level ofcare required by the circumstances described above and acted in a grossly negligeot manner. I 2. As a direct and proximale result of the above-described negligence, Owen suffered serious a savage blow to the head with a policc baton causing serious y lnJuHcs including a traumatic braln inJury He expcrlenced cxtremc pain and anguish. He has incurred and will incur in the future, substantial medical and lost income. Couier,J,prays for ajudttent ag“ nst e WHEREFORE,pld面 ∬Owcn ic District of Colunrbia awarding compensatory damages in the amount of rv 1,0∞ ,OIXp(Onc Million Donars),cOstS Ofhis suit,intercst,and any other rclief s Se appropriate by the Court. ew COUNT TWO N (Assault&Battery― DistHct ofCol― bi⇒ us e 卿 13.Plain● fF Collier hoby h∞ rporates paragtths l慟瞑 ま 12,∫ ι ″,by ψ ho 14. By intentionally striking PlaintiffCollier in the head with assaulted and battered him. PlaintiffCollier was acting a baton, an MPD lawfully and was not C ou rt in a physical encountcr with anyone at the time he was struck by the police At thc time, the aforesaid offic€r was acting within the scope of his with the Dis麟 ct ofColulnbia 16. As a direct and proximate result of the above-described assault and battery' Owen Collier Jr' sulfered serious bodily injuries including a traumatic brain He experienced extreme pain and mental anguish. He has incuned and . will in the future, substantial medical expenses and lost income. WIIEREFORE, plaintiffprays for a judgment against defendant District of awarding damages in the amount of $1,000,000 (One ofthis suit, and any other relief deemsd appropriate by the Court- e costs Million Dollars)' & Battery -offic€r Anthory McRae) rv (Assault ic COUNTTHREE 8. By intentionally striking plaintiff Collier in the head with a baon, an MPD ew I s Se 17. PlaintiffCollier hereby incorporates paragraphs I through 16, supra,by lawfully and was not engeged in a physical encounter with anyone e was acting him' Plaintiff N believed to be defendant McRae, assaulted and battered us the time he was struck by the aforesaid ofncer. ho 19. Further, the dcgree of force used by Officer McRae was entirely and was intentional, wanton, reckless, and done with evil motive, malice, ou rt with reckless indifference for plaintiff s riShts and safety C 20. As a direct and proximate result ofthe above-describ€d assault and battery' Owen Collier Jr. suffered serious bodily injuries including an eye injury, and traumatic brain and injury. He experienced extreme pain and mental anguish. He has will incur in the future, substantial medical expenses and lost income. WHEREFORE, plaintiffprays for a judgnent against defendant Officer McRae awarding compensatory darnaSes in the amount of $ I 'ooo'Ooo (One Dollars), costs ofthis suit, plus interest as well as punitive damages in the of $2,000,000 (Two Million Illollars), and any other relief deerned appropri- COUNT FOUR e (Civil Rights -Officer Anthony McRae) Se rv ic 21. Plaintiff Collier hereby incorporates paragraphs I through 20, supra, by 22. Further, or in the alternative, the degree of force used by Offrcer McRac s entirely unjustified, and was intentional, wanton, reckless, and done with evil ew malice, and with reckless indifferencc for plaintiffs rights and safety. These of N deprived Mr. Collier ofthe clearly established right to be free from the use e and unreasonable force as guaranteed by the Fourth and Fifth Amendmcnts us the United States Constitution. ho 23. Defendant Officer Anthony McRae was acting under color of law in his rt as a Metropolitan Police OIIicer at the time they engaged in the actions ou above. C 24. As a direct and proximate result of the abovedescribed acts, Mr. Collier serious bodily injuries, including an eye injury and a traumatic brain injury, now suffers from a substantial permanent disability. He has experienced extrerne and mentat anguish and has incurred and exP€nses and lost income. will incur in the future, substantial WHEREFORE,pl灘 ntifFConicr prays for ajudttcnt agttnst Offlccr McRac, cornpansatory damages in the amount of One Million Dollars, I,000,000.00) plus interest and costs and an award of attomey's fees and expenses. COUNT FIVE e (Ci宙 l Rights― Distnct ofColurnbia) Se rv ic 25.PlaintifFCollier hereby in∞ rporates parapphs l山 ∞ ugh 24,s″ ra,by 26. Defendant District ofColumbig as a matter of custom and policn failed to s and supervise its potice officers in the proper manner to intervene in incidenB a direct and prcximate result of the aforesaid lack of training and N 27. As ew ving multiple assaults occurring at the same time. e defendant McRae, acting under color of law, intervened in the above us incident by applying a savage, wholly unjustified and dispropodionate a baton. ho of force by striking plaintiffCollier in the head with ou rt 28. As a direct and proximate result of the abovedescribed acts, Mr. Collier serious bodily injuries, including injuries to his eye and a traumatic brain C . His injuries are permaneflt and will require medical care and attention in the He has experienced extreme pain and mental anguish and has incuned and incur in the futurc, substantial medical expenses and lost income. WHEREFORE, plaintiffCollier prays for a judgment against the defendant of Columbia awarding compensatory damages in the amount of One Million ($ 1,000,000) ptus intcrest and costs and an award of attomey's fces and COUNT SIX lt 体 SS● ■ and Bnttery― 3■ Derend3nt:LaQuan W】 ■ ";Plalnd籠 1 0wen Collieう ic e 29 PlaindfFhereby incorporatcs parapphs l■ ЮЧ 28,s,ψ ″ ,by 典 rv thcrcto. , with malicc and without provocation. l. Foreseeable consequences ofthis act w6e: that a general melee would s 3 Se 30.Dcfcndant LaQuan Wllams punchcd Mr An■ony Sman.He did so ew out between members of Williams' entourage and security personnel on the plaintiff Collier N and that the police would intervene and that persons including e be injured. us 32. As a direct and proximate result of the above-described acts, Mr. ho suffered serious bodily injuries, including an injury to his right eye and a brain injury. He will continue to suffer from a substantial p€f,rnanent ou rt . He has experienced extreme pain and mental anguish and has incurred C will incw in the futurg substantial medical expenses and lost income. WHEREFORE,Plain6rprayS fOr ajud_cnt agamst defendant Willialns, compensatory danaages in thc amount ofOnc Million Dollars,(Sl,000,000) interest and costs. COUNT SEVEN (Assault 3nd Battery― Defendant:LaQllュ 膊 ロ V」 [卸亡 ;Plnintl■ l 33. Plaintiff Smart, h€reby incoryorates paragraphs Anth。 口y Smart) I through 32, supra, reference. 34 Defendmt hQuan williatns assaulted and punchcd plaintiffAndlony e He did so intendona■ y,with malice and without Focation. ic 35 As a direct and proximate result ttereol plJntifSman sufFered Se rv bodily injurics, including multiple bruises and contusions over many parts of body. s WHEREFORE, plaintiff Smart prays for a judgnent againsl defendant ew awarding compensatory damages in the amount of Fiffy Thousand, C ou rt ho us e N plus interest and allowable costs. Geo督 yD.Allcn DC Bar#288142 “ The Law Omce ofGcofFrcy D Allen 1730 Rhode lsiand Avenuc,NW Suitc 206 Washingtoへ DC 20036 Tclepho■ e:(202)778‐ 1167 9536 Em江 1:Reonttvallenの veHzon.nct Facsimile:(202)659‐ And