Case 3:16-cv-00742-BAJ-RLB Document 1 11/07/16 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF LOUISIANA
`
`CIVIL ACTION NO:
`DIV:
`
`JUDGE
`
`MAGISTRATE JUDGE
`
`OFFICER JOHN DOE POLICE OFFICER
`*
`
`v.
`
`**
`
`DeRAY McKESSON; and
`BLACK LIVES MATTER
`
`*
`*
`*
`******************************************************************
`COMPLAINT FOR DAMAGES/POLICE OFFICER HIT IN FACE WITH ROCK
`Now into court, through undersigned counsel, comes OFFICER JOHN DOE
`POLICE OFFICER for all injuries incurred as a result of the actions of defendants in use
`of force and injury or other causes as follows:
`
`1.
`JURISDICTION
`The jurisdiction of this Honorable Court is invoked Pursuant to 28 USC § 1332
`
`"Diversity Jurisdiction" and accordingly plaintiff specifically avers that his injuries and
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`compensable damages are greater than $75,000.00 exclusive of interest and costs.
`
`2.
`VENUE
`Venue is proper pursuant to 28 USC § 1391 (b)(D(2) in that the Plaintiff resides in
`
`Baton Rouge and was injured in Baton Rouge and the Defendants are foreign persons who
`
`reside in another state. A substantial part of the events or omissions giving rise to the
`
`claim herein occurred in this district.
`
`3.
`
`Parties
`
`PLAINTIFF:
`OFFICER JOHN DOE POLICE OFFICER (hereafter “OFFICER”)is a major who
`appears as a John Doe for his protection and who during material times herein was a duly
`
`commissioned Baton Rouge Police Officer who on July 9, 2016, was ordered to appear
`
`and respond to a protest staged and organized by DeRAY McKESSON on behalf of
`
`
`
`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF LOUISIANA
`
`CIVIL ACTION NO:
`DIV:
`
`JUDGE
`
`MAGISTRATE JUDGE
`
`OFFICER JOHN DOE POLICE OFFICER
`*
`
`v.
`
`**
`
`DeRAY McKESSON; and
`BLACK LIVES MATTER
`
`*
`*
`*
`******************************************************************
`COMPLAINT FOR DAMAGES/POLICE OFFICER HIT IN FACE WITH ROCK
`Now into court, through undersigned counsel, comes OFFICER JOHN DOE
`POLICE OFFICER for all injuries incurred as a result of the actions of defendants in use
`of force and injury or other causes as follows:
`
`1.
`JURISDICTION
`The jurisdiction of this Honorable Court is invoked Pursuant to 28 USC § 1332
`
`"Diversity Jurisdiction" and accordingly plaintiff specifically avers that his injuries and
`
`compensable damages are greater than $75,000.00 exclusive of interest and costs.
`
`2.
`VENUE
`Venue is proper pursuant to 28 USC § 1391 (b)(D(2) in that the Plaintiff resides in
`
`Baton Rouge and was injured in Baton Rouge and the Defendants are foreign persons who
`
`reside in another state. A substantial part of the events or omissions giving rise to the
`
`claim herein occurred in this district.
`
`3.
`
`Parties
`
`PLAINTIFF:
`OFFICER JOHN DOE POLICE OFFICER (hereafter “OFFICER”)is a major who
`appears as a John Doe for his protection and who during material times herein was a duly
`
`commissioned Baton Rouge Police Officer who on July 9, 2016, was ordered to appear
`
`and respond to a protest staged and organized by DeRAY McKESSON on behalf of
`
`
`
`Case 3:16-cv-00742-BAJ-RLB Document 1 11/07/16 Page 2 of 7
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`“BLACK LIVES MATTER” a national organization.
`DEFENDANTS:
`DeRAY McKESSON, is a major, who is a resident of the State of Maryland and who
`during material times herein was a leader and co-founder of the national unincorporated
`
`organization that is known as “BLACK LIVES MATTER” and who during all material times
`
`in July 2016 while he was in Baton Rouge Louisiana was acting on behalf of BLACK LIVES
`
`MATTER and who lead the protest and violence that accompanied the protest in Baton
`
`Rouge Louisiana that took place outside the Baton Rouge Police Department located in
`
`the old Woman’s Hospital on Airline Highway and who is amenable to service of process
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`personal at his home in Baltimore, Maryland or where ever he may be found.
`BLACK LIVES MATTER, is a national unincorporated association with chapter in
`many states and which in July 2016 staged a protest, blocking of a public highway, looting
`
`of a Circle K, throwing of items stolen and violence towards police in Baton Rouge,
`
`Louisiana, and which is amenable to service of process through a managing member.
`
`DeRay McKesson is a managing member of BLACK LIVES MATTER.
`
`4.
`
`BLACK LIVES MATTER was created by Alicia Garza, Patrisse Cullors, and Opal
`
`Tometi. The leaders of BLACK LIVES MATTER are RASHAD TURNER, JOHNETTA
`
`ELZIE and DeRAY McKESSON.
`
`GENERAL ALLEGATIONS
`
`5.
`
`On July 7, 2016, Lakeem Keon Scott shot at passing cares along a Tennessee
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`highway, killing one woman and wounding three others, including a police officer while
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`yelling, “police suck! Black lives matter!”
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`6.
`
`On July 5, 2016, Alton Sterling was shot and killed by a Baton Rouge Police Officer,
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`2
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`Case 3:16-cv-00742-BAJ-RLB Document 1 11/07/16 Page 3 of 7
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`which started a flurry of activity by DEFENDANTS.
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`7.
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`On July 7, 2016, 12 police officers in Dallas Texas were shot. Activities of BLACK
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`LIVES MATTER was associate with the shooting.
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`8.
`
`The shooting in Dallas occurred around 9:00 p.m., on July 7, 2016, at a “Black Lives
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`Matter” protest/riot during which at least one sniper shot twelve (12) police officers that
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`were on duty to keep the peace at the rally. Five officers were killed and seven were
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`seriously injured.
`
`9.
`On Saturday, July 9, 2016, OFFICER JOHN DOE POLICE OFFICER was a duly
`commissioned police officer, who was ordered to respond to a protest, march and blocking
`
`of a public street organized by Defendants.
`
`10.
`
`By July 9, 2016, Defendants were in Baton Rouge for the purpose of staging a
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`protest. Protests in other cites staged by Defendants resulted in violence and property
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`loss. DEFENDANTS conspired to violate the law by planning to block a public highway.
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`11.
`
`DEFENDANTS were in Baton Rouge for the purpose of demonstrating, protesting
`
`and rioting to incite others to violence against police and other law enforcement officers.
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`12.
`
`The Defendants announced that they would stage a protest/demonstration at the
`
`intersections of Airline Highway and Goodwood Boulevard, which is the location of the
`
`Baton Rouge Police Department and which is a known public highway.
`
`The protest was called a demonstration that was organized by the DEFENDANTS.
`
`13.
`
`3
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`Case 3:16-cv-00742-BAJ-RLB Document 1 11/07/16 Page 4 of 7
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`At all time, DEFENDANTS knew police would be called to clear the public highway
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`14.
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`of protestors.
`
`15.
`
`Anticipating violence and property loss Baton Rouge Police Department arranged
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`for a front line of officers in riot gear that formed a shield around officers who were to
`
`effectuate arrests and removal of Defendants from the public highway.
`
`OFFICER was one of the police officers who was ordered to make arrests.
`
`16.
`
`17.
`
`At the beginning the protest was peaceful until activist began pumping up the crowd.
`
`DeRay McKesson was in charge of the protests and he was seen and heard giving orders
`
`throughout the day and night of the protests.
`
`18.
`
`The protest turned into a riot. DEFENDANTS and their membership began to loot
`
`a Circle K and one of the items taken was plastic full water bottles, which Defendants
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`began to hurl at the police who were in riot gear and hurl over the line of police in riot gear
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`to strike the police who were behind the protective shield formed by the officers in riot gear.
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`Officers were struck by the full water bottles.
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`19.
`
`Defendant DeRay McKesson was present during the protest and he did nothing to
`
`calm the crowd and, instead, he incited the violence on behalf of the Defendant BLACK
`
`LIVES MATTER.
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`20.
`
`When the Defendants ran out of the water bottles they were throwing at the Baton
`
`Rouge City Police, a member of Defendant BLACK LIVES MATTER, under the control and
`
`4
`
`
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`Case 3:16-cv-00742-BAJ-RLB Document 1 11/07/16 Page 5 of 7
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`custody of the DEFENDANTS, then picked up a piece of concrete or similar rock like
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`substance and hurled into the police that were making arrests.
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`21.
`
`OFFICER was struck fully in the face and immediately knocked down and
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`incapacitated. OFFICER’S injuries include loss of teeth, injury to jaw, injury to brain and
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`head as well as lost wages and other compensable losses.
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`In the alternative, these DEFENDANTS have similarly attacked other businesses
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`22.
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`and other persons while protesting/rioting.
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`23.
`
`Following the violence, DEFENDANTS took credit/blame for the protest and riot.
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`24.
`
`On Sunday, DeRay McKesson told the New York Times, “The police want protesters
`
`to be too afraid to protest.” He suggested that he intended to plan more protests.
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`25.
`
`It was unreasonable for Defendant(s) to use force on OFFICER when he was not
`
`threatening any of them and performing lawful duties under color of law.
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`During the riot, DeRay McKesson was arrested and the status of those charges are
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`26.
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`unknown.
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`27.
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`The following claims for relief are pled collectively and in the alternative.
`
`28.
`FIRST CLAIM FOR RELIEF
`NEGLIGENCE
`The DEFENDANTS knew or should have known that the physical contact and riot
`
`5
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`Case 3:16-cv-00742-BAJ-RLB Document 1 11/07/16 Page 6 of 7
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`and demonstration that they staged would become violent as other similar riots had
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`become violent and thus DEFENDANTS knew or should have know that violence would
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`result especially after they began assaulting police, they knew or should have known their
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`actions could cause and/or lead to serious personal injury.
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`29.
`
`Plaintiff seeks relief under La. C.C. arts. 2315 and 2317 of the Louisiana Civil Code,
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`which injuries were occasioned by the intentional and/or negligent acts and/or omissions
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`of the Defendant(s) herein.
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`30.
`RESPONDEAT SUPERIOR
`Pursuant to La. C.C. art. 2317, Defendants are liable for the actions of the BLACK
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`LIVES MATTER membership, which caused the injuries herein.
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`31.
`
`Pursuant to La. C.C. art. 2324, the Defendant are liable in solido for the injuries
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`caused to OFFICER for their intentional actions and for conspiring to incite a riot/protest
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`and other damages.
`
`32.
`INJURIES
`The Plaintiff suffered acute injury and multiple serious and prolonged injury which
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`include but are not limited to his neck, and face, discomfort, humiliation, pain and suffering,
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`mental and emotional injury, medical and pharmaceutical expenses, and future lost wages.
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`33.
`REQUEST FOR JURY TRIAL
`Plaintiff prays for a jury trial on all issues.
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`Wherefore, Plaintiffs pray that the Defendants be cited to appear and answer and
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`that after resolution of this matter that this Honorable Court enter Judgment in favor of the
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`6
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`Case 3:16-cv-00742-BAJ-RLB Document 1 11/07/16 Page 7 of 7
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`Plaintiffs against the defendants with legal interest from the date of demand as follows:
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`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h..
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`Physical pain and suffering;
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`Physical injuries;
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`For emotional and mental distress, pain and suffering, humiliation,
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`embarrassment and loss of employment opportunities;
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`Medical, hospital and pharmaceutical bills and services past, present, and
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`future;
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`inconvenience;
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`Future lost wages;
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`All litigation expenses; and
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`For such other relief that the Court may deem just, equitable, or proper.
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`Respectfully submitted:
`
`s/ Donna U. Grodner
`
`Donna U. Grodner (20840)
`GRODNER & ASSOCIATES
`2223 Quail Run, B-1
`Baton Rouge, Louisiana 70808
`(225) 769-1919 FAX (225) 769-1997
`Dgrodner@grodnerlaw.com
`
`Denise A. Vinet (17185)
`VINET & DAY, LLC
`11817 Bricksome Ave., Ste A
`Baton Rouge, Louisiana 70816
`(225) 292-7410 FAX (225) 292-4149
`
`7
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