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Case 1:15-Cv-00803-KBJ Document 62 Filed 10/13/16 Page 1 of 67 Case 1:15-cv-00803-KBJ Document 62 Filed 10/13/16 Page 1 of 67 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) MICHAEL ROBINSON ) 5330 E Street S.E., Apt. 4 ) Washington, D.C. 20019 ) ) AGNES JOYCE ROBINSON ) 5330 E Street S.E., Apt. 4 ) Washington, D.C. 20019 ) ) Plaintiffs, ) ) v. ) ) BRANDON FARLEY ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) SEAN BABCOCK ) In his individual capacity ) c/o Prince George’s County Police Department ) Civil Action No. 15-cv-00803 (KBJ) 7600 Barlowe Road ) Landover, MD 20785 ) ) THOMAS HILLIGOSS ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) KENNETH MEUSHAW ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) ALAN LARMORE ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) Case 1:15-cv-00803-KBJ Document 62 Filed 10/13/16 Page 2 of 67 TERRENCE WALKER ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) OSIRIS LOPEZ ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) TIMOTHY CORDERO ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) RENALDO MASON ) In his individual capacity ) c/o Prince George’s County Police Department ) 5000 Rhode Island Avenue ) Hyattsville, MD 20781 ) ) DOUGLAS MCMILLIAN ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) MICHAEL MORRIS ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) LUIS ALBA DE JESUS ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) SHANNON HARRIS ) In her individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) 2 Case 1:15-cv-00803-KBJ Document 62 Filed 10/13/16 Page 3 of 67 Landover, MD 20785 ) ) JENNIFER GRAF ) In her individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) MICHELLE MUNAFO ) In her individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) PATRICK MARRON ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) PETER JOHNSON ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) CHANDLER COLEMAN ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) EVERETT MASON ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) JERRICK JEFFREYS ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) CORDELL BARBOUR ) In his individual capacity ) 3 Case 1:15-cv-00803-KBJ Document 62 Filed 10/13/16 Page 4 of 67 c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) ROBERT WILSON ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) MICHAEL CICALE ) In his individual capacity ) c/o Prince George’s County Police Department ) 5000 Rhode Island Avenue ) Hyattsvilee, MD 20781 ) ) JEREMY BURCH ) In his individual capacity ) c/o Prince George’s County Police Department ) 7600 Barlowe Road ) Landover, MD 20785 ) ) TERRY HOOPER ) In his individual capacity ) c/o Prince George’s County Sheriff’s Office ) 5303 Chrysler Way ) Upper Marlboro, MD 20773 ) ) DILLON WILLIAMS, JR. ) In his individual capacity ) 5373 Paddock Falls Dr. ) Dublin, OH 43016 ) ) TERRENCE MORDECAI ) In his individual capacity ) c/o Prince George’s County Sheriff’s Office ) 5303 Chrysler Way ) Upper Marlboro, MD 20773 ) ) CEDRIC HEYWARD ) In his individual capacity ) c/o Prince George’s County Sheriff’s Office ) 5303 Chrysler Way ) Upper Marlboro, MD 20773 ) ) TRAVIS A. GRAY ) 4 Case 1:15-cv-00803-KBJ Document 62 Filed 10/13/16 Page 5 of 67 In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) ) MINH N. NGUYEN ) In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) ) PAUL SKELTON ) In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) ) ROBERT J. MUNN ) In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) ) MICHAEL A. PETTY ) In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) ) KYLE S. USKIEVICH ) In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) ) CHAD HOWARD ) In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) ) COLLIER RICE, JR. ) In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) 5 Case 1:15-cv-00803-KBJ Document 62 Filed 10/13/16 Page 6 of 67 ) CHARLES GARRETT, JR. ) In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) ) THOMAS L. LEWIS, III ) In his individual capacity ) c/o Metropolitan Police Department ) 300 Indiana Ave. NW ) Washington, DC 20001 ) ) PRINCE GEORGE’S COUNTY ) Office of the County Executive ) 14741 Governor Oden Bowie Drive ) Upper Marlboro, MD 20772 ) ) DISTRICT OF COLUMBIA ) Office of the Mayor ) John A. Wilson Building ) 1350 Pennsylvania Avenue, N.W. ) Washington, D.C. 20004 ) ) UNIDENTIFIED OFFICERS, EMPLOYEES, ) AND AGENTS of the Prince George’s County ) Police Department, the District of Columbia’s ) Metropolitan Police Department, the Prince ) George’s County Sheriff’s Office, the District ) of Columbia’s Department of Corrections, and ) the District of Columbia, in their individual ) capacities ) ) Defendants. ) THIRD AMENDED COMPLAINT 1. Born with cerebral palsy and intellectual disabilities, Plaintiff Michael Robinson (“Michael”) lives a quiet life with his grandmother and caretaker, Plaintiff Agnes Joyce Robinson (“Mrs. Robinson”), in Washington, D.C. Notwithstanding his atrophied left arm, diminutive frame, and difficulty walking, processing information, and speaking, Michael used to 6 Case 1:15-cv-00803-KBJ Document 62 Filed 10/13/16 Page 7 of 67 enjoy a daily routine that included running errands, doing laundry, spending time with family, and visiting the local library. 2. On May 30, 2014, Michael walked around the corner from his apartment to the bus stop, where he waited to take a bus to the store to buy trash bags. After a few minutes, Michael became unnerved when he noticed a police officer staring at him from across the street. Michael decided to return to his apartment. 3. Without any provocation, Prince George’s County Police Department (“PGPD”) Officer Brandon Farley (“Farley”) got out of his car and ran after Michael, shouting at him and calling him a “motherfucker” and a “son of a bitch.” Michael, who had been sitting quietly at the bus stop until he stood up to walk home, was frightened and confused. Farley pursued Michael into his apartment building, where he struck Michael, threw him down on the steps, held him there, and tased him. Farley then dragged Michael by the neck out of the building, as Michael, afraid for his life, attempted to protect himself from Farley. Once outside, Farley released Michael from his grasp in order to hit Michael in the face with the taser and then strike Michael in the head with his hand. Momentarily free from Farley’s clutches, Michael retreated to his apartment, where he hid in the bathroom, terrified. During this encounter, Michael did not strike or in any manner threaten Farley. 4. At that point, Mrs. Robinson and several neighbors tried to explain to Farley that Michael has a disability and poses no threat to anyone. Farley ignored these pleas, pacing in front of the apartment building with his firearm and taser drawn and shouting, “It’s 100 on 1; you don’t think I need a gun?!” As this was unfolding, PGPD, Prince George’s County Sheriff’s Office (“PGSO”), and the District of Columbia’s Metropolitan Police Department (“MPD”) 7 Case 1:15-cv-00803-KBJ Document 62 Filed 10/13/16 Page 8 of 67 vehicles arrived on the scene until there were at least 29 police vehicles in total. Among the officers arriving on the scene were the following (collectively, “Defendant Officers”): x Sean Babcock (“Babcock”), Thomas Hilligoss (“Hilligoss”), Kenneth Meushaw (“Meushaw”), Alan Larmore (“Larmore”), Terrence Walker (“Walker”), Osiris Lopez (“Lopez”), Timothy Cordero (“Cordero”), Renaldo Mason (“Mason”), Douglas McMillian (“McMillian”), Michael Morris (“Morris”), Luis Alba De Jesus (“De Jesus”), Shannon Harris (“Harris”), Jennifer Graf (“Graf”), Michelle Munafo (“Munafo”), Patrick Marron (“Marron”), Peter Johnson (“Johnson”), Chandler Coleman (“Coleman”), Everett Mason (“Mason”), Jerrick Jeffreys (“Jeffreys”), Cordell Barbour (“Barbour”), Robert Wilson (“Wilson”), Michael Cicale (“Cicale”), Jeremy Burch (“Burch”), and unidentified
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