DISTRICT OF MINNESOTA
THIRD DIVISION
_______________________________________________________________________
WENDY BINION, CASE FILE 09 CV ____ ___/___
Plaintiff, COMPLAINT
vs. JURY DEMANDED
CITY OF ST. PAUL,
a government entity and political subdivision of the state of Minnesota,
OFFICER“A”, HELMET S758,
In his or her individual capacity as a St. Paul Police Officer,
OFFICER“B”, HELMET S799,
In his or her individual capacity as a St. Paul Police Officer,
OFFICER“C”, HELMET S757,
In his or her individual capacity as a St. Paul Police Officer,
OFFICER“D”, HELMET S497,
In his or her individual capacity as a St. Paul Police Officer,
OFFICER “E”, HELMET S713
In his or her individual capacity as a St. Paul Police Officer,
OFFICER “F,” HELMET S317,
In his or her individual capacity as a St. Paul Police Officer,
OFFICER “G,” HELMET S80,
In his or her individual capacity as a St. Paul Police Officer,
OFFICER “H,” HELMET S369,
In his or her individual capacity as a St. Paul Police Officer,
OFFICER LYNN MAHNKE,
In her individual capacity as a St. Paul Police Officer,
OFFICER LEE VANG,
In his individual capacity as a St. Paul Police Officer,
KEVIN W. REINKE,
In his individual capacity as a St. Paul Police Officer,
ERIC SKOG,
In his individual capacity as a St. Paul Police Officer,
COMMANDER STEVEN FRAZER,
In his individual capacity as a St. Paul Police Officer,
OFFICER SASS, BADGE #325550, in his individual capacity
as a St. Paul Police Officer,
Defendants.
__________________________________________________________________
INTRODUCTION
Plaintiff Wendy Binion (Plaintiff, Binion) is a journalist who covered the Republican National Convention in St. Paul for Portland IndyMedia. Ms. Binion was battered, assaulted, subjected to excessive, unreasonable force, unreasonably seized, falsely arrested, and falsely imprisoned by the defendants on 2 September 2008 while peacefully carrying on her duties as a journalist. Ms. Binion sues officers A – H, Mahnke, Reinke, Vang, Skog, Frazer, and Sass in their individual capacities as St. Paul police officers for unreasonable seizure and infliction of infliction of excessive, unreasonable force in violation of clearly established rights under the First, Fourth, and Fourteenth Amendments to the United States Constitution, through 42 U.S.C. § 1983. Ms. Binion sues the City of St. Paul for violation of clearly established rights under the Privacy Protection Act of 1980, 42 U.S.C. § 2000aa et seq. Ms. Binion sues officers A - H, Mahnke, Reinke, Vang, Skog, Frazer, Sass, in their individual capacities, and the City of St. Paul, for supplemental claims of common law battery, assault, false arrest, and false imprisonment under the laws of the state of Minnesota. Mr. Sang demands trial by jury.
SUBJECT MATTER JURISDICTION
1. Plaintiff states claims that arise under the United States Constitution.
2. This court has subject matter jurisdiction in accordance with 28 U.S.C. §§ 1331 and 1343(a)(4).
SUPPLEMENTAL JURISDICTION
3. Plaintiff states claims that arise under the laws of the state of Minnesota.
4. Plaintiff served a notice of claim upon the City of St. Paul within one hundred eighty (180) days of the 2 September 2008 incident giving rise to this lawsuit.
5. This court has supplemental jurisdiction over plaintiff’s state law claims in accordance with 28 U.S.C. § 1367.
VENUE
6. The substantial number of events that give rise to this lawsuit took place in the City of St. Paul, Ramsey County, Minnesota.
7. Defendant City of St. Paul is a government entity and political subdivision of the state of Minnesota and is found in the Third Division of the United States District Court for the District of Minnesota.
8. Plaintiff has properly laid venue in this court in accordance with 28 U.S.C. § 1291 and LR D. Minn. 83.11
THE PARTIES
9. Plaintiff is an adult female individual, residing and domiciled in Portland, Oregon.
10. Defendant City of St. Paul is a government entity and political subdivision of the state of Minnesota.
11. Defendants A (Helmet 758), B (Helmet 799), C (Helmet 757), D (Helmet 497), E (Helmet 713), F (Helmet 317), G (Helmet 80), H (Helmet 369), Officer Mahnke, Officer Reinke, Officer Vang, Officer Skog, Commander Frazer, and Officer Sass, Badge #325550, are adult individuals employed by the City of St. Paul as police officers.
12. At all times relevant to this lawsuit, defendants A, B, C, D, E, F, G, H, Mahnke, Reinke, Vang, Skog, Frazer, and Sass acted under color of law.
13. Defendants A – H, Mahnke, Reinke, Vang, Skog, Frazer, and Sass are sued in their individual capacities as St. Paul police officers.
THE FACTS
14. On 2 September 2008, between 6:00 and 7:00 p.m. (1800 – 1900) in the vicinity of Mears Park, St. Paul, Ramsey County, Minnesota, defendants A – H, Mahnke, Reinke, Vang, Skog, Frazer, Sass, and Officers K – J, jointly and severally, in their individual capacities as St. Paul police officers, physically seized plaintiff without warrant, without probable cause, without exigent circumstances, without her consent, without lawful authority, and repeatedly battered her, and wrongfully confined and imprisoned her.
15. When she was seized by the defendants, plaintiff was acting peaceably as a journalist for IndyMedia of Portland, Oregon, covering the Republican National Convention.
16. At all times relevant to this lawsuit, plaintiff acted peaceably in a law-abiding fashion before she was seized and battered.
17. Plaintiff offered no resistance as defendants seized and battered her.
18. Defendant Sass issued a citation for obstruction of legal process to plaintiff, citation #908195498, St. Paul Case Number 08-153630.
19. The case was dismissed without a finding of probable cause by neutral, detached magistrate or tribunal.
20. The plaintiff was released.
21. Defendants seized numerous items of plaintiff’s personal property.
22. The city of St. Paul returned the items to plaintiff approximately two months later.
23. The assault, battery, false arrest, false imprisonment, and seizure, of plaintiff was done without warrant, without probable cause, without lawful authority, without plaintiff’s consent, and constituted infliction of excessive, unreasonable force upon plaintiff.
24. The items seized from plaintiff had no relation to a criminal investigation or an ongoing criminal action.
25. By the joint and several actions of the defendants, plaintiff was impaired in her ability to carry out journalistic endeavors, including the collection, editing, storage, and dissemination of print, video, and electronic communications of her coverage of events of the Republican National Convention into interstate or foreign commerce to the public.
26. The defendants caused humiliation, suffering, and severe emotional distress to the plaintiff as the direct result of the battery and seizure of her
27. Defendants actions inflicted damages upon plaintiff.
CLAIM I: INFLICTION OF UNREASONABLE SEIZURE AND EXCESSIVE, UNREASONABLE FORCE IN VIOLATION OF U.S. CONST. AMEND IV AND XIV, THROUGH 42 U.S.C. § 1983
28. Plaintiff realleges and reasserts each and every claim above.
29. Defendants A - H, Mahnke, Reinke, Vang, Skog, Frazer, Sass, and K – O, jointly and severally, in their individual capacities, under color of law as St. Paul police officers, violated plaintiff’s clearly established right to be free from unreasonable seizure and infliction of excessive, unreasonable force under the Fourth and Fourteenth Amendments to the United States Constitution, protected through 42 U.S.C. § 1983.
30. Plaintiff suffered damages in excess of $100,000.
CLAIM II: INFRINGEMENT OF FREE SPEECH, FREEDOM OF ASSEMBLY, AND FREEDOM OF THE PRESS, IN VIOLATION OF U.S. CONST. AMEND I AND XIV, THROUGH 42 U.S.C. § 1983
31. Plaintiff realleges and reasserts each and every claim above.
32. Defendants A - H, Mahnke, Reinke, Vang, Skog, Frazer, Sass, and K – O, jointly and severally, in their individual capacities, under color of law as St. Paul police officers, violated plaintiff’s clearly established right to be free from infringement of freedom of speech, freedom of assembly, and freedom of the press, in violation of the First and Fourteenth Amendments to the United States Constitution, protected through 42 U.S.C. § 1983.
33. Plaintiff suffered damages in excess of $100,000.
CLAIM III: 42 U.S.C. § 2000aa
34. Plaintiffs reallege and reassert each and every claim and averment above.
35. Defendant City of St. Paul violated plaintiff’s rights as a journalist under 42 U.S.C. § 2000aa et seq. by the actions of the individual defendants acting under color of law as Minneapolis police officers, without any immunity under the law.
36. Defendant City of St. Paul inflicted damages upon plaintiffs.
CLAIM IV: COMMON LAW BATTERY
37. Plaintiff realleges and reasserts each and every claim and averment above.
38. Defendants A - H, Mahnke, Reinke, Vang, Skog, Frazer, and Sass, jointly and severally, in their individual capacities committed offensive, unconsented physical contact with the person of the plaintiff constituting a battery, and inflicted personal bodily injuries upon plaintiff.
39. Plaintiff suffered damages in excess of $100,000.
CLAIM V: COMMON LAW BATTERY (CITY OF ST. PAUL)
40. Plaintiff realleges and reasserts each and every claim above.
41. Defendant City of St. Paul, by respondeat superior, by the actions of defendants A - H, Mahnke, Reinke, Vang, Skog, Frazer, and Sass, jointly and severally in their capacities as St. Paul police officers, committed offensive, unconsented physical contact with the person of the plaintiff so as to constitute a battery, and inflicted personal bodily injuries upon plaintiff.
42. Plaintiff suffered damages in excess of $100,000.
CLAIM VI: COMMON LAW ASSAULT
43. Plaintiff realleges and reasserts each and every claim and averment above.
44. Defendants A – H, Mahnke, Reinke, Vang, Skog, Frazer, and Sass, jointly and severally, in their individual capacities, committed offensive, unconsented physical contact with the person of the plaintiff and inflicted fear of bodily harm so as to constitute an assault, and inflicted personal bodily injuries upon plaintiff.
45. Plaintiff suffered damages in excess of $100,000.
CLAIM VII: COMMON LAW ASSAULT (CITY OF ST. PAUL)
46. Plaintiff realleges and reasserts each and every claim and averment above.
47. Defendant City of St. Paul, by respondeat superior, by the actions of defendants A - E, Mahnke, Reinke, Vang, Skog, Frazer, and Sass, jointly and severally in their capacities as St. Paul police officers, committed offensive, unconsented physical contact with the person of the plaintiff and inflicted fear of bodily harm so as to constitute an assault, and inflicted personal bodily injuries upon plaintiff.
48. Plaintiff suffered damages in excess of $100,000.
CLAIM VIII: COMMON LAW FALSE IMPRISONMENT
49. Plaintiff realleges and reasserts each and every claim and averment above.
50. Defendants A – H, Mahnke, Reinke, Vang, Skog, Frazer, and Sass, jointly and severally in their capacities as St. Paul police officers falsely imprisoned plaintiff.
51. Defendants inflicted damages upon plaintiff.
CLAIM IX: COMMON LAW FALSE IMPRISONMENT (CITY OF ST. PAUL)
52. Plaintiff realleges and reasserts each and every claim and averment above.
53. City of St. Paul, by respondeat superior, by the actions of defendants A - E, Mahnke, Reinke, Vang, Skog, Frazer, and Sass, jointly and severally in their capacities as St. Paul police officers, falsely imprisoned plaintiff.
54. Defendants inflicted damages upon plaintiff.
CLAIM X: COMMON LAW FALSE ARREST
55. Plaintiff realleges and reasserts each and every claim and averment above.
56. Defendants A – H, Mahnke, Reinke, Vang, Skog, Frazer, and Sass, jointly and severally in their capacities as St. Paul police officers falsely imprisoned plaintiff.
57. Defendants inflicted damages upon plaintiff.
CLAIM XI: COMMON LAW FALSE ARREST (CITY OF ST. PAUL)
58. Plaintiff realleges and reasserts each and every claim and averment above.
59. City of St. Paul, by respondeat superior, by the actions of defendants A - E, Mahnke, Reinke, Vang, Skog, Frazer, and Sass, jointly and severally in their capacities as St. Paul police officers, falsely imprisoned plaintiff.
60. Defendants inflicted damages upon plaintiff.
WHEREFORE, PLAINTIFF REQUESTS THE FOLLOWING RELIEF:
A. Judgment for the plaintiff against the defendants, jointly and severally;
B. Compensatory damages in excess of $100,000;
C. Punitive damages against individual defendants, jointly and severally, for $100,000;
D. Actual damages against the City of St. Paul for violation of 42 U.S.C. § 2000aa et seq.;
E. Special damages against the City of St. Paul of $1,000 for violation of 42 U.S.C. § 2000aa et seq.;
F. Costs, disbursements, and reasonable attorney’s fees in accordance with 42 U.S.C. §§ 1988 and 2000aa-6; and
G. All legal and equitable relief appropriate under the circumstances.
PLAINTIFF DEMANDS A TRIAL BY JURY.
Date: 25 February 2009 TED DOOLEY LAW OFFICE, LLC
___________________________________
Ted Dooley, MN Att’y #198582
Attorney for the plaintiff
1595 Selby Avenue, Suite 100
St. Paul, MN 55105
Tel. 651.292.1515/FAX 651.292.0415
Email: teddooleylaw@winternet.com
Date: 25 February 2009 PETER J. NICKITAS LAW OFFICE, LLC
/s/Peter J. Nickitas
___________________________________
Peter J. Nickitas, MN Att’y #212313
Co-counsel for the plaintiff
431 S. 7th Street, Suite 2446
P.O. Box 15221
Minneapolis, MN 55415-0221
Tel. 651.238.3445/FAX 952.546.6666
Email: peterjnickitaslawllc@gmail.com,
PeterN5@aol.com
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