Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
A PROFESSIONAL CORPORATION
LAWYERS
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Plaintiffs,
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vs.
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1. VIOLATION OF CIVIL
RIGHTS (42 USC 1983);
2. VIOLATION OF CIVIL
RIGHTS - MONELL;
3. VIOLATION OF CIVIL CODE
52.1;
4. NEGLIGENCE;
5. BATTERY
6. LOSS OF CONSORTIUM
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Defendants.
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FACTUAL BACKGROUND
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1.
Plaintiffs Cindy Hahn and her husband Brandon Hahn are compelled to
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bring this First Amended Complaint (FAC) because the Defendants, the City of
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Carlsbad and the Defendant Police Officers, argue that the allegations pled against
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them previously in the Original Complaint were uncertain and vague. This, despite
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the fact that Defendants have previously been confronted with video evidence of the
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Defendant Police Officers brutally beating and attacking the unarmed and defenseless
40 year old Ms. Hahn in front of her 11 year old and 7 year old children, as they were
leaving the birthday party of a friend. Since Defendants are apparently incapable of
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The facts and conduct giving rise to the FAC occurred on July 31, 2013.
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Defendants was in retaliation for Ms. Hahn calling a civilian police hotline moments
before she was beat, to complain that a Carlsbad Police Officer, Officer Kenyatte
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Ms. Hahn, the daughter of a reserve police officer herself, asked Officer
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Valentine why he was standing in front of a vehicle and doing nothing while the
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business. Ms. Hahn complained of this conduct to the nonemergency police hotline
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since she felt harassed and intimidated by Officer Valentine. Attached hereto as
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Exhibit A is true and correct copy of the iPhone snapshot of the phone call made
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After Ms. Hahn complained, and she got in the car to drive home, Officer
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Valentine followed Ms. Hahn in his police vehicle and immediately pulled her over on
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the pretextual grounds that the driver of the vehicle had a seatbelt violation (the driver
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was not cited for any purpose). Officer Valentine had Ms. Hahn exit the vehicle and
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began attacking her in front of her children who were in the back seat of the car.
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While she was being beaten and pummeled, Ms. Hahn was crying out for help.
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reckless rate of speed, traveling in reverse. Rather than help Ms. Hahn or extract
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Officer Valentine who was straddling on top of Ms. Hahn, Carlsbad Police Officer
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Knisley got out of the vehicle and escalated the situation by joining in the attack on
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Ms. Hahn. Officer Knisley began punching Ms. Hahn with a closed fist to the face
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7.
Ms. Hahn was transported to the emergency room where she was
diagnosed with head and brain contusions and subsequently diagnosed with a
concussion based on the Defendant Police Officers violence. Ms. Hahn suffers
permanent memory loss and brain trauma as well as other physical and emotional
until she was limp on the floor. Ms. Hahns clothes were almost ripped off.
8.
To cover up their malicious and wanton conduct not realizing the brutal
attack on Ms. Hahn was caught on tape the Defendant City of Carlsbad and the
Defendant Police Officers fabricated police reports which led to Ms. Hahn being
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charged with felony violations of Penal Code Section 69 Felony Resisting Arrest,
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as well as Penal Code Section 243(c) (2) Felony Battery on a Peace Officer with
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Injury. Attached hereto as Exhibit B is a true and correct copy of the Felony
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Criminal Complaint.
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The false and fraudulently prepared and submitted police reports with
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the support and assistance of the Sergeant of the Carlsbad Police Department portray
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police officers fearing for their safety. The video of the incident flatly contradicted
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these accounts
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10.
As Ms. Hahn suffered through her physical and emotional injuries from
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the attack, her damages were compounded as she was compelled to endure a sordid
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ordeal for her freedom as the Defendant Police Officer attackers lied under oath in the
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criminal proceeding about what actually took place. The charges pending against Ms.
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Hahn exposed her to State prison and a strike conviction. The criminal case against
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All criminal counts against Ms. Hahn were dismissed when the District
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Attorneys Office was confronted with video evidence showing that the Police
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Officers had lied in their reports and testimony. The video shows the police brutally
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beating Ms. Hahn. The felony criminal case against Ms. Hahn was dismissed on July
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19, 2015.
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claims for damages against the Defendants were stayed and tolled during the period in
which she was maliciously prosecuted by Defendants. This tolling period was from
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The video of the brutal assault on Ms. Hahn can be viewed at the
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Plaintiff Cindy Hahn, at all relevant times, was a resident of Los Angeles
County, California.
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At all times herein mentioned, the City of Carlsbad (the City), was a
governmental entity organized and existing under the laws of the State of California.
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enforcement officer employed by the City of Carlsbad Police Department and acting
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in the course and scope of his employment and acting under the color of law.
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law enforcement officer employed by the City of Carlsbad Police Department and
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acting in the course and scope of his employment and acting under the color of law.
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enforcement officer employed by the City of Carlsbad Police Department and acting
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in the course and scope of his employment and acting under the color of law.
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enforcement officer employed by the City of Carlsbad Police Department and acting
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in the course and scope of his employment and acting under the color of law.
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enforcement officer employed by the City of Carlsbad Police Department and acting
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in the course and scope of his employment and acting under the color of law.
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named herein as DOES 1 through 50, inclusive, and therefore sues said Defendants by
such fictitious names. Plaintiff will seek leave of court to amend this Complaint to
allege the true names and capacities of said Defendants when the same are
ascertained. Plaintiff is informed and believes and thereon alleges that each of the
happenings and occurrences hereinafter alleged, and the Plaintiffs damages and
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GERAGOS & GERAGOS, APC
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enforcement officers acting under color of law. It is further alleged that Does 1
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through 50 were acting in the course and scope of their employment at all relevant
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times.
JURISDICTION AND VENUE
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This Court has jurisdiction over the entire action by virtue of the fact that
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this is a civil action wherein the matter in controversy, exclusive of interest and costs,
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exceeds the jurisdictional minimum of the Court. Jurisdiction is conferred upon this
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Court by Section 1983, Title 42, United States Code. Concurrent jurisdiction was
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granted to this court under Williams vs. Horvath (1976) 16 Cal.3d 834, 837. Also, this
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Court has jurisdiction to award damages pursuant to Article VI, Section 10 of the
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California Constitution.
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Question jurisdiction.
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On January 13, 2014 Plaintiffs Cindy Hahn and Brandon Hahn timely
submitted claims under California Government Code Section 910 within 6 months
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Ms. Hahn were tolled during the period she was being maliciously criminally
prosecuted which concluded on July 19, 2015 when the District Attorney dismissed all
criminal counts.
28.
The State law claims of Brandon Hahn for loss of consortium have not
expired based on, among the reasons, the fact that the injury sustained was continuing
through the malicious prosecution period at which point Brandon Hahns claim
ripened on July 19, 2015. Further, Defendants engaged in a fraudulent scheme and
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practice from the date of the incident through the date of dismissal of the felony
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criminal charges, by submitting false police reports and giving perjurious testimony in
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connection with that act to portray Ms. Hahn as a criminal to the community.
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color of the law in violating Plaintiffs constitutional rights as herein alleged under the
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Fourth Amendment to the Constitution of the United States. The Fourth Amendment
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Plaintiffs minor children John Doe (11 years old at time of incident) and Jane Doe (7 years
old) similarly submitted Government Tort Claims pursuant to Section 910 on January 13,
2014. The claims relate to negligent infliction of emotional distress based on witnessing the
Defendant Police Officers attack their mother in their presence. As minors, John and Jane
Does claims have been tolled on account of their age. John and Jane Doe intend to join this
action by and through their proposed guardian ad litem Cindy Hahn subject to the Courts
approval.
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and immunities secured to her by the Fourth Amendment to the Constitution of the
United States by, inter alia, subjecting Plaintiff to excessive, unreasonable and
unnecessary force when Plaintiff was struck in the face with a closed fist on multiple
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deprived Plaintiff of rights, privileges, and immunities secured to her by the Fourth
Amendment to the Constitution of the United States by, inter alia, subjecting Plaintiff
to an unlawful search and seizure of her person, causing her to be arrested for a
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violation of Penal Code 243(c)(1) and Penal Code 148(a)(1), conspiring to deprive
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omissions, providing falsehoods to secure an arrest and the filing of criminal charges
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33.
The Defendants and each of them directly participated and/or aided and
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abetted in the assault, battery, and excessive force against Ms. Hahn in the presence of
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her children and/or engaged in efforts to cover up said conduct by providing false
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maliciously prosecute Ms. Hahn for felony criminal charges. Each of the named
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Defendants is a co-conspirator and/or and aider and abettor in the conduct designed to
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physically and emotionally harm Ms. Hahn through the brutal physical assault caught
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on videotape and to cover up the conduct of Officer Valentine and Officer Knisley
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through the common scheme to submit false reports leading to felony charges against
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Further, Corporal Galanos asserted his presence during the assault on Ms.
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Hahn to block and prevent those who were witnessing the assault to help and render
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aid. Corporal Galanos attempted to block and conceal the other police officers as they
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which was made without probable cause and also a seizure which was fraught with
force by law enforcement officers. The conduct and actions of Officers Knisley and
Valentine resulted in Plaintiff sustaining injuries to her face, abdomen, chest and
memory, all of which required medical attention. No use of force against her person
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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
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suffered general damages and special damages, all in a sum to be proved at trial.
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Due to the conduct of Defendants, and each of them, Plaintiff has been
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required to incur attorneys' fees and will continue to incur attorneys' fees, all to
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1988.
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rights conferred upon her by Section 1983, Title 42 of the United States Code, the
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Fourth Amendment to the United States Constitution and California Civil Code
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Section 3333, by intentional causing her injury and arresting her without probably
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cause. Defendants, and each of them, had an interest in seeing Plaintiff charged with
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criminal conduct to detract from Defendants Knisley and Valentines excessive and
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unnecessary force. Such conduct constitutes malice, oppression and/or fraud under
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California Civil Code Section 3294, entitling Plaintiff to punitive damages against the
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Defendants.
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in the preceding paragraphs of this complaint, as though fully set forth herein.
41.
Defendants, the City of Carlsbad and Does 6 through 15, knowingly, with
maintain and permit an official policy and custom of permitting the occurrence of the
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GERAGOS & GERAGOS, APC
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without probable cause and incarceration and criminal charges based upon the Citys
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policies of allowing arrests without probable cause. These policies and customs
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include, but are not limited to, the deliberately indifferent training of its law
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include the express and/or tacit encouragement of arrests without probable cause, the
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custom or policy of promoting the conduct by the Defendants in this action against
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Ms. Hahn.
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individuals who complain against Carlsbad Police Officers. Here, Ms. Hahn called
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the official nonemergency hotline for the Carlsbad Police Department to complain
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about an officer cursing at her and her children. She was thereafter followed by the
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same Police Officer in her car, pulled over for a bogus traffic violation (for which
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there were never any citations issued) and then physically assaulted. The way the
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assault of Ms. Hahn was carried out evidences a systematic custom and practice for
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engaging in this type of unlawful excessive force conduct against individuals by the
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Department. Specifically, the video depicts one Police Officer standing in a guard
position as if in formation to block off the public and attempt to conceal the
beating of Ms. Hahn. The assault on Ms. Hahn does not appear random and isolated
among the Carlsbad Police Department as the assaulters are carrying out the assault in
a manner that utilizes official formations and positions to conceal the beating.
constitutional rights is demonstrated through the fact that there are multiple Defendant
Police Officers who had a part in this assault, either directly through the actual battery
and assault of Ms. Hahn, through the failure to take any action and to attempt to
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conceal the beating as it was taking place, and through the processing and/or
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approving of false police reports which fabricated facts that led to felony charges
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against Ms. Hahn. The false police reports were approved at the Sergeant level with
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reckless disregard for the rights of Ms. Hahn. Upon information and belief, the
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systemic deconstruction of the truth to cover up for Carlsbad Police Officers who
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Police Department, and has been carried out in numerous other instances other than
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this action.
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44.
Upon information and belief, the Defendant Officers in this action have
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been involved in numerous other acts of misconduct and excessive force in other
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instances, in which the Carlsbad Police Department has taken similar efforts to cover-
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Upon information and belief, the custom and practice of permitting and
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tolerating unlawful excessive force against the public as in the case of Ms. Hahn is
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rampant within the Carlsbad Police Department, is learned and taught in officer
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training academy, and the conduct is covered up at a systematic and systematic level
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prepare false police reports that lead to criminal charges against innocent victims such
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as Ms. Hahn.
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and policies were the moving force behind the violations of Plaintiffs rights. Based
upon the principles set forth in Monell v. New York County Dept. of Social Services,
the County and Does 6 through 15 are liable for all of the injuries sustained by
In acting as alleged herein, the County and Does 6 through 15, and each
Plaintiff is informed and believes, and thereon alleges, that the customs
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Due to the conduct of the County and Does 6 through 15, and each of
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them, Plaintiff has been required to incur attorneys' fees and will continue to incur
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attorneys' fees, all to Plaintiffs damage in a sum to be proved at trial and recoverable
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in the preceding paragraphs of this complaint, as though fully set forth herein.
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the City is liable for the acts, omissions, and conduct of its employees, including
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herein, whose tortious conduct, was the cause in the damages and injuries to Plaintiff.
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51.
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Plaintiffs rights secured by the Constitution of laws of the United States, or secured by
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the Constitution or laws of the State of California, including interference with their
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right to be secure in her person and free from the use of excessive force under the
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as well as California Civil Code Section 43, and the right of protection from bodily
California Civil Code Section 52.1 were violated, causing injuries and damages in an
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Due to the conduct of Defendants, and each of them, Plaintiff has been
required to incur attorneys' fees and will continue to incur attorneys' fees. Pursuant to
California Civil Code Section 52.1, Plaintiff is entitled to recover said fees.
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NEGLIGENCE
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in the preceding paragraphs of this complaint, as though fully set forth herein.
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duty of care not to use excessive force on Ms. Hahn to effectuate an arrest.
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Defendants Knisley, Valentine, Karches, Galanos, and Seapker breached these duties
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when they caused Ms. Hahn to be struck in the face multiple times and restrained by
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Karches, Galanos, and Seapkers breaches, Ms. Hahn was arrested, incarcerated, and
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The City is liable for the acts, omissions and conduct of its employees
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BATTERY
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in the preceding paragraphs of this Complaint, as though fully set forth herein.
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specifically striking Plaintiff in the face with a closed fist, constituted a battery on
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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
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The City is liable for the acts, omissions and conduct of its employees
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Plaintiffs rights and safety, constituting malice, oppression and/or fraud under
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California Civil Code Section 3294, entitling Plaintiff to punitive damages against
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Defendant.
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LOSS OF CONSORTIUM
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the conduct of the police officers described herein, Mr. Hahn has been deprived of the
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negatively impacted the quality of and caused undue hardship to the marriage
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relationship. Mr. Hahn continues to be denied the full enjoyment of his marital
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relationship.
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The date of injury for Mr. Hahn was continuing from the date his wife
was attacked through the malicious prosecution period which ended July 19, 2015.
The injuries to Mr. Hahn were compounded by the submission of fraudulent reports
by the Defendant Police Officers attempting to portray his wife as a violent criminal.
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proven at trial
PRAYER FOR RELIEF
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where applicable;
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For such other and further relief as the Court deems just and proper.
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Plaintiffs Cindy Hahn and Brandon Hahn hereby demand a jury trial.
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