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DREW PARSONS,
Plaintiff,
Defendants.
There is no other civil action between these parties arising out of the
same transaction or occurrence as alleged in this complaint pending
in this court, nor has any such action been previously filed and dismissed
or transferred after having been assigned to a judge, nor do I know of
any other civil action, not between these parties, arising out of the
same transaction or occurrence as alleged in this complaint that is
either pending or was previously filed and dismissed, transferred, or
otherwise disposed of after having been assigned to a judge in this
court.
counsel, THE COREY LAW FIRM, and in complaint against the defendants, alleges the
following:
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1. This action is brought pursuant to 42 U.S.C. §§ 1983 and the First, Fourth,
2. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1332, and 1343.
Plaintiff further invokes the supplemental jurisdiction of this Court to hear and decide
PARTIES
attending Bates College in the City of Lewiston, County of Androscoggin, State of Maine.
herein, is a municipal corporation organized and existing under the laws of the State of
State of Michigan.
all times relevant herein, is a municipal law enforcement agency organized and existing
under the laws of the State of Michigan, subject to the control of Defendant City, and is
information and belief at all times relevant herein, a Police Staff Sergeant employed by
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“Scott”); and OFFICER JEFFREY D. SHAFER JR. (hereinafter “Shafer”), were upon
information and belief at all times relevant herein, Police Officers employed by Defendant
FACTUAL ALLEGATIONS
9. During the evening of November 15, 2018, Plaintiff was assaulted, battered,
and beaten, with excessive and unnecessary force used by Defendant Police Officers
while Plaintiff was being arrested, placed in handcuffs, and taken into custody by the
Defendants.
10. Prior to this incident, Plaintiff was with friends at a local restaurant and bar,
12. Plaintiff was taken by two bouncers and escorted out of Scorekeepers onto
the adjacent sidewalk where Defendant Kandt was parked in his police car, in the process
13. Defendant Kandt saw Plaintiff being escorted from Scorekeepers, exited
his vehicle, and approached the bouncers who then let go of Plaintiff.
14. Defendant Kandt grabbed Plaintiff by the arm and pulled him over to the
front the police car, instructing Plaintiff to “step over here, bro” and to put his hands behind
his back.
15. Plaintiff, while attempting to be compliant with Defendant Kandt and without
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16. Without any hesitation, Defendant Kandt grabbed Plaintiff and forced him
face-first onto the hood of the police car, trapping one of Plaintiff’s arms between his chest
17. Defendant Kandt then began screaming at Plaintiff to place his hands
18. Still attempting to comply with Defendant Kandt’s orders, Plaintiff lifted his
torso from the hood of the police car to free his trapped arm.
19. Before Plaintiff could bring his freed arm behind his back, Defendant Kandt,
again, without hesitation, grabbed Plaintiff, picked him up, and body-slammed him face-
20. The force of impact briefly rendered Plaintiff unconscious and inflicted
21. Despite having Plaintiff face-down on the pavement in a pool of his own
blood, Defendant Kandt climbed onto Plaintiff’s back and called for back-up, stating that
arrived on scene, at which time he also climbed on top of Plaintiff and began assisting
23. After placing handcuffs on Plaintiff, Defendants Kandt and Scott lifted
Plaintiff off of the ground and led him to the back of the police car.
Defendant Kandt’s call for back-up, believed to be Defendants Pulford, Shafer, and
Chinn.
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25. Defendants made Plaintiff, who was clearly disoriented and bleeding
profusely from his face, stand against the side of Defendant Kandt’s patrol car while
Defendant Kandt finished processing the individual referenced in ¶12, who had been left
in the back of the patrol car throughout the entire ‘arrest’ of Plaintiff.
26. Outside of the car, Defendants finally asked Plaintiff to show some
identification. Plaintiff, still in handcuffs, politely explained to the officers that he had two
ID’s (his Maine ID and his Danish ID) and that these were both in his back pocket.
27. After being placed in the back of the police car, an ambulance arrived on
the scene, at which time Defendants told EMS that Plaintiff had been assaulted by a blunt
28. Plaintiff was transferred from the back of Defendant Kandt’s police car to
29. It was not until around 5:00 AM the next morning (November 16, 2018)
when Plaintiff regained sufficient consciousness that he was informed of what had
GENERAL ALLEGATIONS
30. While being arrested and while in police custody, Defendants used and/or
authorized or ratified the use of excessive and unnecessary force on Plaintiff without
cause, warning and/or reason under the circumstances, and/or were otherwise
31. At no time while Plaintiff was in custody and/or being arrested was he
physically abusive to Defendants, nor did Plaintiff otherwise provoke Defendants to use
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32. Defendants, individually and collectively, promulgated and/or carried out the
acts and omissions described herein, under color of Defendant City’s and/or AAPD’s
City and AAPD police officers and have caused and/or allowed individuals, including
33. The acts and/or omissions of Defendants were intentional and amounted to
gross negligence, with wanton and reckless disregard and deliberate indifference to
Plaintiff’s rights and the rights of the citizens with whom the members of the Ann Arbor
Police come into contact. Therefore, Plaintiff has pled in avoidance of governmental
immunity, and the Defendants City and AAPD are liable for the actions and omissions of
as for their own grossly negligent acts and/or omissions in relation to the events described
herein.
34. At all times relevant, Plaintiff had the right to be protected from the use of
excessive force and unreasonable search and seizure, as guaranteed by the Fourth
Amendment to the United States Constitution and incorporated against the States by the
Fourteenth Amendment.
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35. The acts and/or omissions of Defendants described herein were for the very
purpose of causing harm, with callous and/or reckless disregard or deliberate indifference
for Plaintiff’s rights, health, and safety, and substantial risk of serious harm.
the following clearly established and well-settled rights, privileges and immunities
guaranteed under the Fourth and Fourteenth Amendments to the Constitution of the
United States:
37. Defendants subjected Plaintiff to these deprivations of rights for the very
purpose of causing harm, or by acting with callous and/or reckless disregard and with
omissions of the Defendants, Plaintiff has suffered medical expenses, legal expenses and
other out-of-pocket costs, and pain and suffering from physical and mental injuries,
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damages to the extent they are not duplicative, together with interest, costs, and attorney
39. Defendants City and AAPD have, with deliberate indifference to Plaintiff’s
rights and the rights of persons with whom members of the Ann Arbor Police Department
come into contact, caused Plaintiff to be deprived of his Constitutional rights under the
policies, practices and customs that were a direct and/or proximate cause of the
40. Defendants City and AAPD have, as a matter of custom, policy and/or
otherwise direct or control police officers concerning the rights of citizens with whom the
police come into contact, including Plaintiff, as described herein, thereby promoting,
Constitutional rights.
Plaintiff has suffered medical expenses, legal expenses and other out-of-pocket costs,
and pain and suffering from physical and mental injuries, including but not limited to:
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damages to the extent they are not duplicative, together with interest, costs, and attorney
employees of the Defendants City and AAPD acting in the course and scope of their
43. Defendants placed Plaintiff in a great fear of harmful physical contact, and
accomplished through threatening, striking, and using excessive force on Plaintiff against
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44. At no time was it necessary to use force against Plaintiff, and the excessive
force used by the Defendants was entirely unreasonable, and was not justified by any
action of Plaintiff.
45. Defendants’ conduct described herein was not privileged, was not carried
out for any proper purpose, and was not within the scope of Defendants’ authority as law
enforcement.
46. As a direct and proximate result of Defendants’ assault and battery, Plaintiff
has suffered medical expenses, legal expenses and other out-of-pocket costs, and pain
and suffering from physical and mental injuries, including but not limited to:
damages to the extent they are not duplicative, together with interest, costs, and attorney
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47. At all times relevant, Defendants owed Plaintiff the following duties and
b. The duty to refrain from using force where such force was not
reasonable and/or necessary;
d. The duty to use only such force as was necessary and reasonable
under the circumstances;
48. Through their conduct, Defendants breached the duties owed to Plaintiff in
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negligence as that term is used and defined under MCL 691.1407(2)(c) & (8)(a).
50. As a direct and proximate result of the gross negligence of the Defendants,
Plaintiff has suffered medical expenses, legal expenses and other out-of-pocket costs,
and pain and suffering from physical and mental injuries, including but not limited to:
damages to the extent they are not duplicative, together with interest, costs, and attorney
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52. Defendants’ conduct was not privileged, was not carried out for any proper
purpose, and was not within the scope of Defendants’ authority as law enforcement.
emotional distress, Plaintiff has suffered medical expenses, legal expenses and other out-
of-pocket costs, and pain and suffering from physical and mental injuries, including but
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damages to the extent they are not duplicative, together with interest, costs, and attorney
55. At all times relevant, Defendants City and AAPD owed Plaintiff, and the
public in general, a duty to exercise proper care in adequately hiring, screening, training,
officers, including Defendant Police Officers, in regard to the rights of citizens, including
Plaintiff, to be free from the use of excessive force and/or false arrest and imprisonment.
56. Defendant City and AAPD, by and through by and through their staff
sergeants, police officers, and other employees, agents and/or assigns, including
Defendant Police Officers, have, as a matter of custom and/or policy and practice and
with deliberate indifference to Plaintiff’s rights and the rights of the citizens with whom the
members of the Ann Arbor Police come into contact, caused and/or allowed individuals,
including Plaintiff, to be arrested without justifiable cause and subjected to excessive and
57. Defendant City and AAPD, by and through by and through their staff
sergeants, police officers, and other employees, agents and/or assigns, breached the
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58. The acts and/or omissions of Defendants described herein amount to gross
negligence as that term is used and defined under MCL 691.1407(2)(c) & (8)(a), and said
Plaintiff has suffered medical expenses, legal expenses and other out-of-pocket costs,
and pain and suffering from physical and mental injuries, including but not limited to:
Plaintiff is found to be entitled as adequate compensation for all the injuries and damages
he has sustained, as well as a demand for punitive and/or exemplary damages to the
extent they are not duplicative, together with interest, costs, and attorney fees so
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Respectfully Submitted,
/ s / Louis G. Corey
LOUIS G. COREY (P34377)
Attorney for Plaintiff
401 N. Main Street
Royal Oak, MI 48067
(248) 548-9700
Dated: February 25, 2020
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DREW PARSONS,
Plaintiff,
Defendants.
NOW COMES Plaintiff, Drew Parsons, by and through his attorneys, THE COREY
LAW FIRM, and hereby demands a trial by jury of the above matter.
Respectfully Submitted,
/ s / Louis G. Corey
LOUIS G. COREY (P34377)
Attorney for Plaintiff
401 N. Main Street
Royal Oak, MI 48067
(248) 548-9700
Dated: February 25, 2020
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