exe ae @ IN THE CIRCUIT COURT FOR THE ST. CLAIR COUNTY, STATE OF ILLINOIS PHILANA SMOOT, Plaintiff, vs. Cause No.: PARTROLMAN BIRCKHEAD, Serve all defendants at: TRAVIS D. MONTGOMERY, and Fairview Heights Illinois Police Department THE CITY OF FAIRVIEW HEIGHTS, 10027 Bunkum Road Fairview Heights, IL 62208 Defendants. Jury Trial Demanded COMPLAINT ‘COMES NOW, PHILANA SMOOT, by and through her attorney John J. Pawloski, of The Law Office of John J. Pawloski, LLC, and files this her Complaint against Defendants BIRKHEAD, MONTGOMERY, AND THE CITY OF FAIRVIEW HEIGHTS, for monetary damages, and she alleges the following: COUNT |: CIVIL BATTERY AGAINST PATROLMAN BIRKHEAD (in his individual and official capacity) 4 This Court has jurisdiction as the claims made herein arise out of Illinois state common law and fall within the Court's jurisdiction as transpiring in St. Clair County, Illinois. 2. Philana Smoot is a resident and citizen of St. Clair County in the State of Page 1 of 17’ . illinois. 3, Venue is proper in St. Clair County because the acts complained of occurred in St, Clair County and Defendant Patrolman Birkhead is, upon information and belief a citizen of the State of Illinois, and a resident of St. Clair County, Illinois. 4 Plaintiff seeks monetary damages, and such other and further damages as may be allowed by law. 5. On or about May 10, 2011, Plaintiff Philana Smoot, while in a room she had lawfully rented at the French Village Motel in St. Clair County, Illinois, was approached by and grabbed by Defendant BIRKHEAD with his hands placed on and about Plaintiff's head, ears, shoulders, wrists, and person, he placed his weight on top of Plaintiff causing her ears, jaw, face, arms, wrists, and body to become injured, swollen, bruised, concussed, damaged, and said injuries, including hearing loss are ongoing and/or permanent. 6. Plaintiff was also subjected to pepper spray that was applied maliciously, wantonly, and for the sole and intentional purpose of causing sadistic harm, injury, and pain to Plaintiff without her consent and without justification. 7. On Plaintiffs person, Plaintiff was subjected to conduct and physical touching that was injurious, offensive and intolerable, and said acts constitute battery. 8 Defendant's conduct proximately caused harm to Plaintiff, including loss of hearing, swollen limbs, embarrassment, humiliation, shock, disgust, and emotional harm, and has caused loss of employment, medical bills for treatment that continue, and loss of wages. 9. Defendant has caused Plaintiff to be in apprehension for her safety and well- being by this intolerable and offensive touching by Defendant, and this conduct is Page 2 of 17demeaning, and an offensive breach of Plaintif's privacy interests in her body and her right to be left alone. 10. Defendant's conduct was beyond what a person of normal sensibilities should be expected to endure in a civilized society. 11. After the touching, Plaintiff experienced severe disgust, shame, apprehension, outrage, insult, and anger. 42. Defendant's touching of Plaintiff's person with his hands placed upon her body, constitutes an unwelcome, unlawful touching that was offensive, and uncalled for as Plaintiff was lawiully on the premises and was not causing a disturbance, and has invaded Plaintiff's reasonable expectations of privacy. 13. Defendant's touching was deliberate, intentional, and not accidental as Defendant did not stumble, fall, or otherwise lose his balance or bearings, and his touching of Plaintif's body was intentional, and accordingly, Plaintiff seeks both actual damages and those other damages, including damages to the extent allowed by law for willful and_ wanton conduct 14, Plaintiff has suffered damages resulting from Defendant's unlawful conduct, including a loss of sleep, fear, nervousness, loss of appetite, and emotional distress. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff against Defendant, for compensatory damages, and other such damages as may be allowed by law, and such other and further relief as the Court deems reasonable and necessary under the circumstances. Page 3 of 17Respectfully Submitted, John J. Pawloski, #6207519 The Law Office of John J. Pawloski, LLC 1900 Locust Street, Suite 302 St. Louis, MO 63103 (314) 588-7802 (314) 588-7803 (fax) JPawloski@msn.com COUNT II: CIVIL BATTERY AGAINST PATROLMAN TRAVIS MONTGOMERY (in his individual and official capacity) 1. This Court has jurisdiction as the claims made herein arise out of Illinois state common law and fall within the Court's jurisdiction as transpiring in St. Clair County, Illinois 2. Philana Smoot is a resident and citizen of St. Clair County in the State of Illinois. 3. Venue is proper in St. Clair County because the acts complained of occurred in St. Clair County and Defendant Patrolman MONTGOMERY is, upon information and belief a citizen of the State of Illinois, and a resident of St. Clair County, Illinois. 4 Plaintiff seeks monetary damages, and such other and further damages as may be allowed by law. Page 4 of 178, On or about May 10, 2011, Plaintiff Philana Smoot, while in a room she had lawfully rented at the French Village Motel in St. Clair County, Ilinois, was approached by and touched by Defendant MONTGOMERY with his hand placed on and about Plainti's head, ears, shoulders, wrists, and person, he placed his weight on top of Plaintiff causing her ears, jaw, face, arms, wrists, and body to become injured, swollen, bruised, concussed, damaged, and said injuries, including hearing loss are ongoing and/or permanent 6. Plaintiff was also subjected to pepper spray that was applied maliciously, wantonly, and for the sole and intentional purpose of causing sadistic harm, injury, and pain to Plaintif without her consent and without justification, and said pepper spray was applied at the direction of, and/or by Defendant Montgomery. 7. On Plaintiff's person, Plaintiff was subjected to conduct and physical touching that__was injurious, offensive and intolerable, and said conduct constitutes battery. 8. Defendant's conduct proximately caused harm to Plaintiff, including loss of hearing, swollen limbs, embarrassment, humiliation, shock, disgust, and emotional harm, Loss of employment, lost wages, and medical bills for care and treatment, and said treatment continues. 9. Defendant has caused Plaintiff to be in apprehension for her safety and well: being by this ‘intolerable and offensive touching by Defendant, and this conduct is demeaning, and an offensive breach of Plaintif’s privacy interests in her body and her right to be left alone. 40. Defendant 's conduct was beyond what a person of normal sensibilities should be expected to endure in a civilized society. Page 5 of 1711. After the touching, Plaintiff experienced severe disgust, shame, apprehension, outrage, insult, and anger. 12. Defendant's touching of Plaintiff's person with his hands placed upon her body, constitutes an unwelcome, unlawful touching that was offensive, and uncalled for, and has invaded Plaintiff's reasonable expectations of privacy. 13, Defendant's touching was deliberate, intentional, and not accidental as Defendant did not stumble, fall, or otherwise lose his balance or bearings, and his touching of Plaintiffs body was intentional, and accordingly, Plaintiff seeks both actual damages and those other damages, including damages to the extent allowed by law for wanton conduct. 14. Plaintiff has suffered damages resulting from Defendant's unlawful conduct, including a loss of sleep, fear, nervousness, loss of appetite, and emotional distress. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff against Defendant, for compensatory damages, and other such damages as may be allowed by law, and such other and further relief as the Court deems reasonable and necessary under the circumstances. Respecttully Submitted, John J. Pawloski, #6207519 The Law Office of John J. Pawioski, LLC Page 6 of 171900 Locust Street, Suite 302 St. Louis, MO 63103 (314) 588-7802 (314) 588-7803 (Fax) JPawioski@msn.com COUNT Ill: CIVIL RIGHTS VIOLATION AGAINST THE CITY OF FAIRVIEW HEIGHTS: 1. This Court has jurisdiction as the claims made herein fall within the Court's jurisdiction as transpiring in St. Clair County, Ilinois, 2. Philana Smoot is a resident and citizen of St. Clair County in the State of Illinois. 3. Venue is proper in St. Clair County because the acts complained of occurred in St Clair County and Defendants Patrolman Birkhead and Montgomery, are, upon information and belief citizens of the State of Ilinois, and were at all mes relevant, employed and acted as agents on behalf of THE CITY OF FAIRVIEW HEIGHTS which is a municipal instrumentality located in St. Clair County, Ilinois. 4. Plaintif seeks monetary damages, and such other and further damages as may be allowed by law. 5. Onor about May 10, 2011, Plaintiff Philana Smoot, while in @ room she had lawfully rented at the French Vilage Motel in St. Clair County Ilinois, was approached by and grabbed by Defendants BIRKHEAD and MONTGOMERY with their hands placed on and about Plaintiff's head, ears, shoulders, wrists, and person, he placed his weight on top of Plaintif causing her ears, jaw, face, arms, wrists, and body to become injured, swollen, bruised, concussed, damaged, and said injuries, including hearing loss are ongoing and/or Page 7 of 17permanent. 6. After Plaintiff had been placed on the floor of her room, with her arms behind her ack, and while immobile and defenseless, Plaintiff was also subjected to pepper spray that was applied maliciously, wantonly, and for the sole and intentional purpose of causing sadistic harm, injury, and pain to Plaintiff without her consent and without justification 7. Defendant THE CITY OF FAIRVIEW HEIGHTS, acting under color of State Law as a law enforcement agency, and in violation of 42 U.S.C. Section 1983 denied Plaintiff her right to freedom from cruel and unusual punishment and her rights of substantive due process as secured by the 14" Amendment to the U.S. Constitution. 8 Defendant's conduct proximately caused harm to Plaintif, including loss of hearing, swollen limbs, embarrassment, humiliation, shock, disgust, and emotional harm as @ consequence of Defendant's failure to train police officers in the proper use of force and application of pepper spray, failure to supervise the conduct of its officers, failure to train as to effective countermeasures such as pressure points and less invasive forms of apprehension of a suspect, and failure to train Defendants Birkhead and Montgomery as fo Plaintiff's right to be free from willful and wanton conduct. 9. Defendant has caused Plaintiff to be in apprehension for her safety and well being by this intolerable and offensive touching by Defendant, and this conduct is demeaning, and an offensive breach of Plaintiffs privacy interests in her body and her right to be left alone. 40. Defendant's conduct was beyond what a person of normal sensibilities should be expected to endure in a civilized society. Page 8 of 1741. The use of excessive force as demonstrated herein was an unlawful custom, practice, and policy of the Fairview Heights Police Department 42. Defendant's agents’ touching of Plaintif's person with their hands placed upon her body, constitutes an unwelcome, unlawful touching that was offensive, and uncalled for, and has invaded Plaintiffs reasonable expectations of privacy. 43. Defendant's touching was deliberate, intentional, and not accidental as Defendant's agents did not stumble, fall, or otherwise lose their balance or bearings, and their touching of Plaintif’s body was intentional, and accordingly, Plaintiff seeks both actual damages and those other damages, including damages to the extent allowed by law for wanton conduct. 44. Plaintiff has suffered damages resulting from Defendants unlawful conduct, including a loss of sleep, fear, nervousness, loss of appetite, and emotional distress, loss of employment, loss of earings, and medical bills for treatment arising out of Defendants’ conduct as expressed herein, damages for pain and suffering and deprivation of Constitutional rights, and for her attorneys fees incurred herein. WHEREFORE, Plaintif respectfully requests this Court grant judgment in favor of Plaintiff against Defendant, for compensatory damages, and other such damages 25 may be allowed by law, and such other and further relief as the Court deems reasonable and necessary under the circumstances. Respectfully Submitted, Page 9 of 17John J. Pawloski, #6207519 The Law Office of John J. Pawloski, LLC 1900 Locust Street, Suite 302 St. Louis, MO 63103 (314) 588-7802 (314) 588-7803 (fax) JPawloski@msn.com COUNT IV: CIVIL RIGHTS VIOLATION AGAINST PATROLMAN BIRKHEAD (IN HIS INIDIVIDUAL AND OFFICIAL CAPACITY) 1. This Court has jurisdiction as the claims made herein fall within the Court's jurisdiction as transpiring in St. Clair County, Illinois. 2. Philana Smoot is a resident and citizen of St. Clair County in the State of Illinois. 3. Venue is proper in St. Clair County because the acts complained of occurred in St. Clair County and Defendant Patrolman Birkhead is, upon information and belief a citizen of the State of Illinois, and employed as an agent by THE CITY OF FAIRVIEW HEIGHTS which is a municipal instrumentality that is located in St. Clair County, IIinois. 4. Plaintiff seeks monetary damages, and such other and further damages as may be allowed by law. 5. On or about May 10, 2011, Plaintiff Philana Smoot, while in a room she had lawfully rented at the French Village Motel in St. Clair County, Ilinois, was approached by and Page 10 of 17touched by Defendant BIRKHEAD with his hand placed on and about Plaintiff's head, ears, shoulders, wrists, and person, he placed his weight on top of Plaintiff causing her ears, Jaw face, arms, wrists, and body to become injured, swollen, bruised, concussed, damaged, and ‘said injuries, including hearing loss are ongoing and/or permanent. 6. After Plaintiff had been placed on the floor of her room, with er arms behind her back, and while immobile and defenseless, Plaintiff was also subjected to pepper spray that was applied maliciously, wantonly, and for the sole and intentional purpose of causing sadistic harm, injury, and pain to Plaintiff without her consent and without justification. 7. Defendant was acting under color of State Law as a law enforcement officer, and in violation of 42 U.S.C. Section 1983, and he denied Plaintff her right to freedom from cruel and unusual punishment in violation of her Eighth Amendment rights, and her rights of substantive due process to be free from arbitrary and unlawful conduct, arrest, and punishment as secured by the 14" Amendment to the U.S. Constitution, as well as her First ‘Amendment right to protest against unlawful arrest and criminal police conduct 8 Defendant's conduct proximately caused harm to Plaintiff, including loss of hearing, swollen limbs, embarrassment, humiliation, shock, disgust, and emotional harm as a consequence of Defendant's improper use of force and application of Pepper SPray: failure to aid Plaintif and protect her from the conduct of othre officers, failure to use effective countermeasures such as pressure points and less invasive forms of apprehension of a suspect, and denial of Plaintiff's right to be free from willful and wanton unlawful conduct. 9. Defendant has caused Plaintiff to be in apprehension for her safety and well- being by this intolerable and offensive battery by Defendant, and this conduct is demeaning, and an offensive breach of Plaintif’s privacy interests in her body and her right to be left Page 11 of 17alone. 10. Defendant 's conduct was beyond what a person of normal sensibilities should be expected to endure in a civilized society. 11. Defendant's conduct violate clearly established laws, statutes, police procedures, and standards of conduct such that Defendant was aware his conduct was clearly unlawful and violative of Plaintiff's Constitutional rights. 42. Defendant's battery of Plaintiff's person with his hands placed upon her body, constitutes an unwelcome, unlawful touching that was offensive, and uncalled for, and has invaded Plaintiff's reasonable expectations of privacy. 13, Defendant's touching was deliberate, intentional, and not accidental as Defendant did not stumble, fall, or otherwise lose his balance or bearings, and his touching of Plaintif's body was intentional, and accordingly, Plaintiff seeks both actual damages and those other damages, including damages to the extent allowed by law for wanton conduct. 44. Plaintiff has suffered damages resulting from Defendant's unlawful conduct, including a loss of sleep, fear, nervousness, loss of appetite, and emotional distress, loss of employment, loss of eamings, and medical bills for treatment arising out of Defendants’ conduct as expressed herein, damages for pain and suffering and deprivation of Constitutional rights, and for her attorneys fees incurred herein. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff against Defendant, for compensatory damages, and other such damages as may be allowed by law, and such other and further relief as the Court deems reasonable and Page 12 of 17necessary under the circumstances. Respectfully Submitted, pecan John J. Pawloski, #6207519 The Law Office of John J. Pawloski, LLC 1900 Locust Street, Suite 302 St. Louis, MO 63103 (314) 588-7802 (314) 588-7803 (fax) JPawloski@msn.com COUNT V: CIVIL RIGHTS VIOLATION AGAINST OFFICER MONTGOMERY (IN HIS INDIVIDUAL AND OFFICIAL CAPACITY) 4, This Court has jurisdiction as the claims made herein fall within the Court's jurisdiction as transpiring in St. Clair County, Illinois. > Philana Smoot is a resident and citizen of St. Clair County in the State of Ilinois. 3, Venue is proper in St. Clair County because the acts complained of occurred in St, Clair County and Defendant Patrolman Montgomery, is, upon information and belief citizens of the State of linois, and THE CITY OF FAIRVIEW HEIGHTS is a municipal instrumentality that is a resident of St. Clair County, llinois and employed Defendant Montgomery. 4. Plaintif seeks monetary damages, and such other and further damages 25 Page 13 of 17may be allowed by law. 5. On or about May 10, 2011, Plaintiff Philana Smoot, while in a room she had lawfully rented at the French Village Motel in St. Clair County, Ilinois, was approached by and grabbed violently by Defendant MONTGOMERY with his hands placed on and about Plaintif’s head, ears, shoulders, wrists, and person, he placed his weight on top of Plaintiff causing her ears, jaw, face, arms, wrists, and body to become injured, swollen, bruised, concussed, damaged, and said injuries, including hearing loss are ongoing and/or permanent 6 After Plaintiff had been placed on the floor of her room, with her arms behind her back, and while immobile and defenseless, Plaintiff was also subjected to pepper spray that was applied maliciously, wantonly, and for the sole and intentional purpose of causing sadistic harm, injury, and pain to Plaintiff without her consent and without justification. 7. Defendant was, at all times relevant herein, acting under color of State Law as a law enforcement agency, and in violation of 42 U.S.C. Section 1983 denied Plaintiff her right fo freedom from cruel and unusual punishment in violation of her Eighth Amendment rights, and her rights of substantive due process to be free from arbitrary and unlawful conduct, arrest, and punishment as secured by the 44" Amendment to the U.S. Constitution, as well as her First Amendment right to protest against unlawful arrest and criminal police conduct, 8. Defendant's conduct proximately caused harm to Plaintiff, including loss of hearing, swollen limbs, embarrassment, humiliation, shock, disgust, and emotional harm as 4 consequence of Defendant's failure to refrain from excessive force, unlawful arrest, malicious intent to harm Plaintiff without justification by application of pepper spray, failure to intervene to assist Plaintiff from the conduct of other officers, failure to use effective countermeasures Page 14 of 17such as pressure points and less invasive forms of apprehension of a suspect, and violation of Plaintif's right to be free from wilful and wanton unlawful conduct 9. Defendant has caused Plaintiff to be in apprehension for her safety and well- being by this intolerable and offensive battery by Defendant, and this, conduct is demeaning, and an offensive breach of Plaintiffs privacy interests in her body and her right to be left alone. 40, Defendant's conduct was beyond what a person of normal sensibilities should be expected to endure in a civilized society. 11. After the battery by Defendant Plaintiff experienced severe disgust, shame, apprehension, outrage, insult and anger. 42. Defendants battery of Plaintf’s person with his hands placed upon her body, constitutes an unwelcome, unlawful touching that was offensive, and uncalled for, and has invaded Plaintiff's reasonable expectations of privacy. 43. Defendant's battery was deliberate, intentional, and not accidental as befendant did not stumble, fll, or otherwise lose his balance or bearings, and his touching of Plaintiff's body was intentional, and accordingly, Plaintiff seeks both actual damages and those other damages, including damages to the extent allowed by law for wanton conduct. 14. Plaintiff has suffered damages resulting from Defendant's unlawful conduct, including a loss of sleep, fear, nervousness, loss of appetite, and emotional distress, loss of employment, loss of earings, and medical bills for treatment arising out of Defendants’ conduct as expressed herein, damages for pain and suffering and deprivation of Constitutional rights, and for her attomeys fees incurred herein. Page 15 of 17WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff against Defendant, for compensatory damages, and other such damages as may be allowed by law, and such other and further relief as the Court deems reasonable and necessary under the circumstances. Respectfully Submitted, John J. Pawloski, #6207519 The Law Office of John J. Pawloski, LLC 1900 Locust Street, Suite 302 St. Louis, MO 63103 (314) 588-7802 (314) 588-7803 (fax) JPawioski@msn.com Page 16 of 17AFFIDAVIT The undersigned, after reasonable inquiry, does verily believe that the amount in controversy in this cause to be in excess of $50,000.00. Date: May 10, 2012 Affiant ® Page 17 of 17ones Mobew IN THE CIRCUIT COURT FOR THE ST. CLAIR COUNTY, STATE OF ILLINOIS MERSTOR NG” PHILANA SMOOT, Plaintiff, / vs. Cause No.: PARTROLMAN BIRCKHEAD, Serve all defendants at: ‘TRAVIS D. MONTGOMERY, and THE CITY OF FAIRVIEW HEIGHTS , Defendants. Jury Trial Demanded COMPLAINT COMES NOW, PHILANA SMOOT, and files this her Complaint against Defendants BIRKHEAD, MONTGOMERY, AND THE CITY OF FAIRVIEW HEIGHTS, for monetary damages, and she alleges the following COUNT I: CIVIL BATTERY AGAINST PATROLMAN BIRKHEAD (in his individual and official capacity) 4. This Court nas jurisdiction as the claims made herein arise out of Illinois state Page 1 of 9> common law and fall within the Cours jurisdiction as transpiring n St. Clair County, Ilino's 2 Philana Smoot is a resident and citizen of St. Clair County in the State of Illinois. 3. Venue is proper in St. Clair County because the acts complained of occurred in St. Clair County and Defendant Patrolman Birkhead is, upon information and belief a citizen of the State of Illinois, and a resident of St. Clair County, Illinois. 4. Plaintiff seeks monetary damages, and such other and further damages a8 may be allowed by law. 5. ‘On or about May 10, 2011, Plaintiff Philana Smoot, while in a room she had lawfully rented at the French Village Motel in St. Clair County, Ilinois, was approached by and touched by Defendant BIRKHEAD with his hand placed on and about Plaintf's head, ears, shoulders, wrists, and person, he placed his weight on top of me causing my ears, Jaw face, arms, wrists, and body to become injured, swollen, bruised, concussed, damaged, and said injuries, including hearing loss are ongoing and/or permanent. 6 Plaintif was also subjected to pepper spray that was applied maliciousiy, wantonly, and for the sole and intentional purpose of causing sadistic harm, injury, and pain to Plaintiff without her consent and without justification. 7 OnPlainti’s person, Plaintiff was subjected to conduct and physical touching that was offensive and intolerable. 8. Defendant's conduct proximately caused harm to Plaintiff, including loss of hearing, swollen limbs, embarrassment, humiliation, shock, disgust, and emotional harm, and has caused loss of employment, medical bills for treatment that continue, and loss of wages. Page 2 of 99. Defendant has caused Plaintiff to be in apprehension for her safety and well- being by this intolerable and offensive touching by Defendant, and this conduct is demeaning, and an offensive breach of Plainti's privacy interests in her body and her right to be left alone. 40. Defendant 's conduct was beyond what a person of normal sensibilities should be expected to endure in a civilized society. 11. After the touching, Plaintiff experienced severe disgust, shame, apprehension, outrage, insult, and anger. 42. Defendant's touching of Plaintif's person with his hand placed upon her body, constitutes an unwelcome, unlawful touching that was offensive, and uncalled for, and has invaded Plaintiffs reasonable expectations of privacy. 13, Defendant's touching was deliberate, intentional, and not accidental as Defendant did not stumble, fall, or otherwise lose his balance or bearings, and his touching of Plaintif's body was intentional, and accordingly, Plaintiff seeks both actual damages and those other damages, including damages to the extent allowed by law for willful and wanton conduct. 14. Plaintiff has suffered damages resulting from Defendant's unlawful conduct, including a loss of sleep, fear, nervousness, loss of appetite, and emotional distress. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff against Defendant, for compensatory damages, and other such damages as may be allowed by law, and such other and further relief as the Court deems reasonable and necessary under the circumstances. Page 3 of 9ears, shoulders, wrists, and person, he placed his weight on top of Plaintiff causing her ears, jaw, face, arms, wrists, and body to become injured, swollen, bruised, concussed, damaged, and said injuries, including hearing loss are ongoing and/or permanent. 6. Plaintiff was also subjected to pepper spray that was applied maliciously, wantonly, and for the sole and intentional purpose of causing sadistic harm, injury, and pain to Plaintiff without her consent and without justification, and said pepper spray was applied at the direction of, and/or by Defendant Montgomery. 7. On Plaintiff's person, Plaintiff was subjected to conduct and physical touching that was offensive and intolerable. 8. Defendant's conduct proximately caused harm to Plaintiff, including loss of hearing, swollen limbs, embarrassment, humiliation, shock, disgust, and emotional harm. Loss of employment, lost wages, and medical bills for care and treatment, and said treatment continues. 9. Defendant has caused Plaintiff to be in apprehension for her safety and well- being by this intolerable and offensive touching by Defendant, and this conduct is demeaning, and an offensive breach of Plaintiff's privacy interests in her body and her right to be left alone. 40. Defendant's conduct was beyond what a person of normal sensibilities should be expected to endure in a civilized society. 41. After the touching, Plaintiff experienced severe disgust, shame, apprehension, outrage, insult, and anger. 12. Defendant's touching of Plaintiff's person with his hands placed upon her body, Page $ of 9constitutes an unwelcome, unlawful touching that was offensive, and uncalled for, and has invaded Plaintif's reasonable expectations of privacy. 13. Defendant's touching was deliberate, intentional, and not accidental as Defendant did not stumble, fall, or otherwise lose his balance or bearings, and his touching of Plaintiffs body was intentional, and accordingly, Plaintiff seeks both actual damages and those other damages, including damages to the extent allowed by law for wanton conduct 44, Plaintiff has suffered damages resulting from Defendant's unlawful conduct, including a loss of sleep, fear, nervousness, loss of appetite, and emotional distress. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff against Defendant, for compensatory damages, and other such damages as may be allowed by law, and such other and further relief as the Court deems reasonable and necessary under the circumstances. Respectfully Submitted, Philana Smoot, Pro Se COUNT Ill: CIVIL RIGHTS VIOLATION AGAINST THE CITY OF FAIRVIEW HEIGHTS 1 This Court has jurisdiction as the claims made herein fall within the Court's Page 6 of 9ASSETS 9. Lown the following: House _ (Address) (Value) D carrtruck (Wearitype) (Walue) [Motorcycle (Wear! type) ‘(Walue) (Recreational Vehicle — (Yearitype) — ~ (Value) Dthave_ arsavings account. L]Thave. ina checking acount. Cit have other income in the sum of. from (source of income) The following things affect my ability to pay costs (disabilities, health problems, ec.) AFFIDAVI Applicant after being duly sworn and upon penalty of perjury, hereby certifies thatthe statements set fort inthis application are true and correct. =e ‘Applicant DEtE aayor August 213. SUBSCRIBED ORDER Application set for hearing on Courtroom . Clerk to give notice to Applicant. ‘Daiekimey Tudge (Date entered) APPLICATION APPROVED Application approved on (date), Clerk to give notice to Applicant. Eo apstican to pay fees, casts and charges out oF any judgment or setlement received Tudge (Date entered) a APPLICATION DENIED 1 Application denied on. (date). Clerk to give notice to Applicant Specific reason __ Fy payment of sts fees and charges in the sum deferred unl _ (date, TEnot pad by said date, cause dismissed. For god cause shown, Applicant io make installment payments on said costs in the sum of Ll weekly Ci bi-weekly L] monthly commencing on ‘nd a like amount each werk Cliavo weeks L] month until total costs, fees and charges in the sum of. ae paid in fll Judge (Date entered)