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Case 1:15-Cv-00182-KBM-SCY Document 1 Filed 03/04/15 Page 1 of 15 Case 1:15-cv-00182-KBM-SCY Document 1 Filed 03/04/15 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JANET WILDENSTEIN-MALDONADO, ) ) Plaintiff, ) ) vs. ) CIVIL NO.: ) ) JURY TRIAL DEMANDED FORMER ALBUQUERQUE ) POLICE CHIEF RAY SCHULTZ, ) OFFICER JEREMY WOLFFBRANDT, ) OFFICER DUSTIN SHROUF, ) THE CITY OF ALBUQUERQUE, ) AND THE ALBUQUERQUE ) POLICE DEPARTMENT. ) ) Defendants. ) COMPLAINT FOR VIOLATIONS OF CIVIL RIGHTS, TORT CLAIMS, EXCESSIVE FORCE, AND DAMAGES Plaintiff Janet Wildenstein-Maldonado brings this action against defendants for violation of her civil rights under 42 U.S.C. § 1983, for tort damages under the New Mexico Tort Claims Act, and for the use of excessive force and resulting damages, and alleges in support thereof: PRELIMINARY STATEMENT On April 10, 2014, the United States Department of Justice (“DOJ”) issued a 46 page investigative report about the Albuquerque Police Department (“APD”) to Mayor Richard J. Berry. The report documented “longstanding deficiencies that have allowed a culture of indifference to constitutional policing and insularity to develop within the department.” DOJ found that 1 Case 1:15-cv-00182-KBM-SCY Document 1 Filed 03/04/15 Page 2 of 15 Albuquerque police officers often use excessive and unreasonable physical force without regard for the subject’s safety or the level of threat encountered. Even more alarming, DOJ found the use of excessive force by APD officers is not isolated or sporadic. DOJ concluded that the pattern of practice of excessive force stems from systemic deficiencies in oversight, training, and policy and the department’s failure to implement an objective and rigorous internal accountability system. Force incidents are not properly investigated, documented, or addressed with corrective measures. APD routinely escalates incidents rather than use appropriate de- escalation measures, according to DOJ. These unconstitutional practices are particularly dangerous when the excessive force measures are used against persons with mental illness and in crisis. DOJ concluded: A significant amount of the force we reviewed was used against persons with mental illness and in crisis. APD’s policies, training, and supervision are insufficient to ensure that officers encountering people with emotional problems and in distress do so in a manner that respects their rights and is safe for all involved. (p. 3) The DOJ Report uses generous language to describe unacceptable APD hiring, training, oversight, and accountability policies and practices, all of which have led to unconstitutional policing practices in Albuquerque, including the incident that is the subject of this lawsuit. 2 Case 1:15-cv-00182-KBM-SCY Document 1 Filed 03/04/15 Page 3 of 15 JURISDICTION AND VENUE 1. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 1988 and 28 U.S.C. § 1343, with supplemental jurisdiction over state law claims pursuant to 28 U.S.C. § 1367. 2. Plaintiff is a resident of Bernalillo County, New Mexico. All acts complained of occurred in Bernalillo County, New Mexico. Lawful venue of this case lies in this court and this federal district. THE PARTIES 3. Plaintiff Janet Wildenstein-Maldonado (“Ms. Maldonado”) is a citizen of the United States and a resident of Albuquerque, Bernalillo County, State of New Mexico. 4. Defendant Ray Schultz was the Chief of the Albuquerque Police Department (“APD”) on March 8, 2013, was on such date the public official in charge of and responsible for APD policy and practices, and was the supervisor of Defendants Jeremy Wolffbrandt and Dustin Shrouf. 5. Defendants Jeremy Wolffbrandt and Dustin Shrouf (the “Defendant Officers”), were at all times material to this action employed by Defendants City of Albuquerque and APD and assigned as law enforcement officers within APD. 6. Defendants City of Albuquerque and the APD are New Mexico governmental agencies responsible for the hiring, retention, training, supervision, and discipline of APD officers, including Defendants Jeremy 3 Case 1:15-cv-00182-KBM-SCY Document 1 Filed 03/04/15 Page 4 of 15 Wolffbrandt and Dustin Shrouf, and are the entities liable in suits for damages caused by City of Albuquerque and APD employees. 7. Defendant Schultz and the Defendant Officers were acting at all material times acting under color of state law and within the scope of their employment and duties as law enforcement officers, and are sued in their individual capacities. FACTUAL ALLEGATIONS COMMON TO ALL COUNTS 8. At approximately 10:00 p.m. the night of March 8, 2013, Defendants Wolffbrandt and Shrouf were parked in APD police cruisers on Caddie Street, N.W., near the intersections of Baxter Court and Capri Court in Albuquerque, New Mexico. 9. Ms. Maldonado was driving to her residence from her daughter’s house shortly after 10:00 p.m. on March 8, 2013, and observed the police cars parked on Caddie Street a few hundred feet from Capri Court where she lives near the corner of Caddie and Capri Court. Because she was curious regarding the reason for police cars in her neighborhood, Ms. Maldonado drove past the parked police cars rather than turning on Capri Court, and then drove into and out of the nearby Baker Court cul de sac, returning to Caddie Street and then proceeded to Capri Court to turn and enter her driveway one house from the intersection. 10. Defendant Wolffbrandt began following Ms. Maldonado at some point in time, entering the Baker Court cul de sac as she was exiting it, and then 4 Case 1:15-cv-00182-KBM-SCY Document 1 Filed 03/04/15 Page 5 of 15 following her on Caddie Street and turning on his emergency lights the distance of approximately three house lots before reaching Capri Court. Ms. Maldonado saw the emergency lights just moments before she turned onto Capri Court to enter her driveway. 11. Defendant Wolffbrandt pulled in directly behind Ms. Maldonado’s vehicle in her driveway at 4528 Capri Court, NW, and Ms. Maldonado had already exited her car and opened her garage door. Defendant Wolffbrandt got out of his car and loudly and abusively yelled “get back in your car” at Ms. Maldonado, frightening her. Ms. Maldonado, who is 54 years of age and of slight stature, told the officer that this was her house and reasonably asked what she had done. Defendant Wolffbrandt did not answer her question. Ms. Maldonado then complied with Defendant Wolffbrandt’s directive and got back in her vehicle. 12. In March 2013, Ms. Maldonado had recently been receiving treatment for obsessive-compulsive disorder (OCD).1 She is emotionally fragile and was terrified by Defendant Wolffbrandt’s threatening and verbally abusive behavior, and she experienced an acute anxiety attack as a result. 13. Ms. Maldonado was frightened and wanted to get inside her garage, and after waiting some time while Defendant Wolffbrandt remained in his car without explaining why he had followed her into her driveway and yelled at her to get back in her car, Ms. Maldonado again got out of her vehicle and walked 1 Obsessive-compulsive disorder (OCD) is an anxiety disorder characterized by intrusive thoughts that produce anxiety and apprehension. 5 Case 1:15-cv-00182-KBM-SCY Document 1 Filed 03/04/15 Page 6 of 15 inside her garage, standing a few feet from the garage door facing the police car, preparing to talk to Defendant Wolffbrandt about whatever was going on. 14. Defendant Wolffbrandt then exited his vehicle and ran into Ms. Maldonado’s garage and tackled her by the leg, causing her to fall and hit her head on the concrete floor. Defendant Wolffbrandt then dragged Ms. Maldonado by the leg to the driveway outside the garage, picked her up and threw her to the ground again and performed an “arm bar takedown,” causing Ms. Maldonado bruises and severe abrasions, aggravating her existing back problem, and causing her pain and suffering and severe emotional trauma. 15. In violation of APD policy, Defendant Wolffbrandt failed to turn on his lapel camera and audio recorder until well into the incident; however, the incomplete recording is shocking and very disturbing. 16. Defendant Shrouf then arrived on the scene, and one or both of the officers placed their full weight on Ms. Maldonado’s back and handcuffed her. Ms. Maldonado’s requests that they not touch items in her vehicle were met with sarcastic comments. As she was being assaulted and handcuffed, Ms. Maldonado repeated pleaded with the officers to “please tell me why you are doing this.” She received no answers. A third APD officer, as yet unidentified, arrived on the scene and laughed about Ms. Maldonado’s pleas and complaints about being assaulted. After being assaulted, handcuffed, and placed in the police car, Ms. Maldonado was finally informed that the offense for which she 6 Case 1:15-cv-00182-KBM-SCY Document 1 Filed 03/04/15 Page 7 of 15 had been assaulted, handcuffed, and arrested (and later incarcerated) was an expired license tag. 17. Ms. Maldonado was bleeding, injured and traumatized as a result of the assault and battery by Defendants Wolffbrandt and Shrouf, and was experiencing an asthma attack. Paramedics were called to the scene. Ms. Maldonado requested that she be given her asthma medication which was in her car, and the officers refused to respond. 18. Ms. Maldonado was taken by Albuquerque Ambulance to Lovelace Westside Hospital for medical treatment in the emergency room. An APD officer followed the ambulance and demanded “she’s coming with me” to the hospital staff. Approximately thirty minutes later, after receiving medical treatment for the injuries caused by the Defendant Officers, Ms. Maldonado was again handcuffed and taken to a police substation, while suffering from severe back pain and acute anxiety.
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