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Justin Cosma

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  • IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI DB, minor child, ) by and through his next friend, ) Tami Bennett, ) ) Plaintiff, ) ) vs. ) Case No. Pending ) JURY TRIAL DEMANDED JEFFERSON COUNTY SHERIFF’S ) DEPARTMENT ) Serve: Oliver Glenn Boyer ) Sheriff ) 510 1st St ) Hillsboro, MO 63050 ) ) SHERIFF OLIVER GLENN BOYER ) Serve: Oliver Glenn Boyer ) Sheriff ) 510 1st St ) Hillsboro, MO 63050 ) ) and ) ) DEPUTY JUSTIN COSMA, Individual ) Serve: Place of Employment ) Jefferson County Sheriff’s ) Department ) 510 1st St ) Hillsboro, MO 63050 ) ) and ) ) DEPUTY RICHARD CARTER, Individual ) Serve: Place of Employment ) Jefferson County Sheriff’s ) Department ) 510 1st St ) Hillsboro, MO 63050 ) ) Defendants. ) Case: 4:12-cv-01710-NAB Doc. #: 1 Filed: 09/21/12 Page: 1 of 8 PageID #: 1
  • COMPLAINT COMES NOW Plaintiff, DB, by and through his Next Friend Tami Bennett and by and through counsel, Richard Lozano, and for his causes of action states that: FACTS 1. On June 25, 2010, 12 year old minor child DB was checking his mail at the end of his driveway when he was approached by Jefferson County deputies Justin Cosma and Richard Carter. 2. The deputies asked DB if he had been playing on the highway adjacent to his driveway, to which DB replied “no”. 3. The deputies became confrontational, frightening and intimidated minor child DB. 4. Unprovoked and without cause, the deputies grabbed DB, choked him around the neck and threw him to the ground. 5. DB was shirtless and suffered bruising, choke marks, scrapes and cuts across his body. 6. Said deputies “hog tied” DB. 7. At no time was a parent or other adult present during the initial questioning or arrest. 8. DB was transported to a medical facility for medical treatment. 9. The deputies reported the incident as “assault of a law enforcement officer third degree” and “resisting/interfering with arrest, detention or stop”, but Jefferson County refused to issue a juvenile case against DB. 10. DB presented no danger to the deputies or himself. 11. DB was at the time a young, small child who was simply checking the mail on his Case: 4:12-cv-01710-NAB Doc. #: 1 Filed: 09/21/12 Page: 2 of 8 PageID #: 2
  • property as instructed by his mother, was not engaged in suspicious activity and was assaulted by the deputies without provocation. 12. The show of force initiated by the deputies caused an unreasonable injury to DB. 13. On or about June 25, 2010, the Jefferson County deputies Justin Cosma and Richard Carter were on duty at all times relevant to this complaint and were duly appointed sheriff deputies of Jefferson County. 14. The Jefferson County deputies Justin Cosma and Richard Carter engaged in the conduct complained of, on said date, in the course and scope of their employment and while on duty. JURISDICTION AND VENUE 15. The jurisdiction of the court is invoked pursuant to the Civil Rights Act, 42 USC 1983; the Judicial Code, 28 USC 1331 and 1343 (a); The Constitution of the United States; and this Court’s supplementary jurisdiction powers. 16. This Court has jurisdiction pursuant to 28 U.S.C. §1343 and 28 U.S.C. §1331. Plaintiff’s claims for relief are cognizable under 42 U.S.C. §§1983 and 1988, and under Missouri state law. Plaintiff invokes the supplemental jurisdiction of the Court to hear and decide their claims arising under Missouri state law. 17. Venue is appropriate in this Court pursuant to 28 U.S.C. §1391(b) because the Defendants are located, and all incidents giving rise to this suit occurred, in this judicial district. PARTIES 18. Plaintiff is a resident of the State of Missouri and of the United States. 19. Oliver Glenn Boyer is the sheriff of Jefferson County and is sued in his official Case: 4:12-cv-01710-NAB Doc. #: 1 Filed: 09/21/12 Page: 3 of 8 PageID #: 3
  • capacity. 20. The Defendant Sheriff Deputies were at all times relevant hereto employed by and acting on behalf of the Jefferson County Sheriff’s Department and are sued in their official and individual capacities. 21. Defendant Jefferson County Sheriff’s Department, Jefferson County, Missouri is in the Eastern District of Missouri. The Department acted by and through its policymakers, agents, and employees and acted under color of law in all respects set forth herein. 22. Defendant Justin Cosma is a sheriff deputy employed by Jefferson County who acted under color of law. Defendant Justin Cosma is sued in his individual and official capacity. 23. Defendant Richard Carter is a sheriff deputy employed by Jefferson County who acted under color of law. Defendant Richard Carter is sued in his individual and official capacity. CAUSES OF ACTION COUNT I EXCESSIVE USE OF FORCE AGAINST DB BY DEFENDANTS COSMA AND CARTER IN VIOLATION OF THE FOURTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION; 42 U.S.C. §1983 24. Plaintiff incorporates by this reference the allegations in paragraphs 1 through 23 as though fully set forth herein. 25. The physical force used by Deputy Justin Cosma against Plaintiff was unreasonable and excessive. Case: 4:12-cv-01710-NAB Doc. #: 1 Filed: 09/21/12 Page: 4 of 8 PageID #: 4
  • 26. The acts of Defendants Justin Cosma and Richard Carter of detaining, choking, shoving down and causing choke marks, bruising, scraps and cuts across the body of DB were committed without just cause or provocation. 27. DB was a young child and unable to protect himself. 28. Defendants caused the violations of Plaintiff’s constitutional rights by their acts, direct and indirect, and by their omissions. Defendants are jointly and severally liable for Plaintiff’s damages. 29. As a direct and proximate result of the acts and omissions of Defendants, Plaintiff suffered injury and damages. 30. The acts, conduct, omissions, and failures to act by Defendants showed reckless and/or callous disregard to Plaintiff’s constitutional rights. Their conduct warrants an award of punitive damages to punish them and to deter them and others from acting in a like manner in the future. 31. If Plaintiff prevails, he is entitled to an award of attorney’s fees pursuant to 42 U.S.C. §1983 and 42 U.S.C. §1988. WHEREFORE, Plaintiff prays judgment against Defendants, jointly and severally, for compensatory damages, for punitive damages and for attorney’s fees and the costs of litigation, and for other relief as is appropriate under the law. COUNT II PLAINTIFF’S CAUSE OF ACTION AGAINST THE JEFFERSON COUNTY SHERIFF DEPARTMENT AND BOYER IN VIOLATION OF THE FOURTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION 42 U.S.C. §1983 Case: 4:12-cv-01710-NAB Doc. #: 1 Filed: 09/21/12 Page: 5 of 8 PageID #: 5
  • 32. Plaintiff incorporates by this reference the allegations in paragraphs 1 through 31 as though fully set forth herein. 33. Failure to Train – Holding Cell Tactics. Further, the Jefferson County Sheriff’s Department, Jefferson County, Missouri has failed to effectively train, supervise, discipline, and control the people it employs as police officers regarding appropriate questioning and detention of minor children. 34. Unconstitutional Custom and Practice – Use of Force. Further, it was the policy and custom of the Jefferson County Sheriff’s Department to inadequately and improperly investigate citizen complaints of inappropriate and excessive police use of force against citizens, and acts of excessive use of force were tolerated by Jefferson County. 35. Failure to Train – Use of Force. Further, the Jefferson County Sheriff’s Department, Jefferson County, Missouri has failed to effectively train, supervise, discipline, and control the people it employs as police officers regarding the appropriate use of force against citizens. 36. Failure to Train – Citizen Detention. Further, the Jefferson County Sheriff’s Department, Jefferson County, Missouri has failed to effectively train, supervise, discipline, and control the people it employs as police officers regarding the appropriate detention, holding, or confinement of citizens. 37. Failure to Discipline – Defendants Cosma and Carter were not disciplined for their use of excessive force against DB. 38. Therefore, the Jefferson County Sheriff’s Department and Sheriff Oliver Glenn Boyer’s policies and customs and failures to effectively train supervise, discipline, Case: 4:12-cv-01710-NAB Doc. #: 1 Filed: 09/21/12 Page: 6 of 8 PageID #: 6
  • and control the people it employs as police officers led to the deprivation of DB’s constitutional rights. 39. If Plaintiff prevails, he is entitled to an award of attorney’s fees pursuant to 42 U.S.C. §1983 and 42 U.S.C. §1988. WHEREFORE, Plaintiff prays judgment against Defendant Jefferson County, Missouri and Sheriff Oliver Glenn Boyer for compensatory damages and for attorney’s fees and the costs of litigation, and for other relief as is appropriate under the law. COUNT III ASSAULT AND BATTERY OF DB BY DEFENDANTS JUSTIN COSMA AND RICHARD CARTER UNDER STATE LAW 40. Plaintiff incorporates by this reference the allegations in paragraphs 1 through 39 as though fully set forth herein. 41. The act of Defendants Cosma and Carter as afore described, was committed without just cause or provocation, and with the intent to cause DB offensive contact, bodily harm, apprehension of offensive contact, and apprehension of bodily harm, constitute an intentional assault and battery against DB. 42. As a direct and proximate result of the acts of Defendants Cosma and Carter, as afore described, DB suffered damages. 43. The acts, conduct, omissions, and failures to act by Defendants showed reckless and/or callous disregard to DB. His conduct warrants an award of punitive damages to punish him and to deter him and others from acting in a like manner in the future. Case: 4:12-cv-01710-NAB Doc. #: 1 Filed: 09/21/12 Page: 7 of 8 PageID #: 7
  • WHEREFORE, Plaintiff prays judgment against Defendant Justin Cosma and Richard Carter jointly and severally for compensatory damages, for punitive damages and the costs of litigation, and for other relief as is appropriate under the law. Respectfully submitted, By: /s/ Richard R. Lozano #44492MO 231 S. Bemiston, Ste. 800 Clayton, Missouri 63040 (314) 650-5217 (866) 401-7772 fax rlozano@lozanolaw.com Case: 4:12-cv-01710-NAB Doc. #: 1 Filed: 09/21/12 Page: 8 of 8 PageID #: 8
  • JS 44 (Rev. 09/11) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff) (For Diversity Cases Only) and One Box for Defendant) ’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4 of Business In This State ’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES ’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act ’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment ’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust ’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking ’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce & Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation ’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and ’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit (Excl. Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV ’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/ of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange ’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Mgmt. Relations ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions ’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 740 Railway Labor Act ’ 864 SSID Title XVI ’ 891 Agricultural Acts ’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 751 Family and Medical ’ 865 RSI (405(g)) ’ 893 Environmental Matters ’ 196 Franchise Injury ’ 385 Property Damage Leave Act ’ 895 Freedom of Information ’ 362 Personal Injury - Product Liability ’ 790 Other Labor Litigation Act Med. Malpractice ’ 791 Empl. Ret. Inc. ’ 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS ’ 899 Administrative Procedure ’ 210 Land Condemnation ’ 440 Other Civil Rights ’ 510 Motions to Vacate ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of ’ 220 Foreclosure ’ 441 Voting Sentence or Defendant) Agency Decision ’ 230 Rent Lease & Ejectment ’ 442 Employment Habeas Corpus: ’ 871 IRS—Third Party ’ 950 Constitutionality of ’ 240 Torts to Land ’ 443 Housing/ ’ 530 General 26 USC 7609 State Statutes ’ 245 Tort Product Liability Accommodations ’ 535 Death Penalty IMMIGRATION ’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 462 Naturalization Application Employment ’ 550 Civil Rights ’ 463 Habeas Corpus - ’ 446 Amer. w/Disabilities - ’ 555 Prison Condition Alien Detainee Other ’ 560 Civil Detainee - (Prisoner Petition) ’ 448 Education Conditions of ’ 465 Other Immigration Confinement Actions V. ORIGIN Transferred from another district (specify) (Place an “X” in One Box Only) ’ 1 Original Proceeding ’ 2 Removed from State Court ’ 3 Remanded from Appellate Court ’ 4 Reinstated or Reopened ’ 5 ’ 6 Multidistrict Litigation VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause: VII. REQUESTED IN COMPLAINT: ’ CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: ’ Yes ’ No VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE Case: 4:12-cv-01710-NAB Doc. #: 3 Filed: 09/27/12 Page: 1 of 2 PageID #: 10Case: 4:12-cv-01710-NAB Doc. #: 1-1 Filed: 09/21/12 Page: 1 of 2 PageID #: 14
  • JS 44 Reverse (Rev. 09/11) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pl�eading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and de fendant. If the plaintiff or defendant is a governm ent agency, use only the full name or standard abbreviations. If the plaintiff or de fendant is an official within a� government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of th e county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”. II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C .P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdicti on arises under the Constitution of the UniteG States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if divers ity of citizenship was indicated above. � Mark this section for each principal party. IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an “X” in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state cour ts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision. VI. Cause of Action. Report the civil statute directly�� related to the cause of action and give a brief description of the cause . Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. Case: 4:12-cv-01710-NAB Doc. #: 3 Filed: 09/27/12 Page: 2 of 2 PageID #: 11Case: 4:12-cv-01710-NAB Doc. #: 1-1 Filed: 09/21/12 Page: 2 of 2 PageID #: 15
  • UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI ) , ) ) Plaintiff, ) ) v. ) Case No. ) , ) ) Defendant, ) ) ORIGINAL FILING FORM THIS FORM MUST BE COMPLETED AND VERIFIED BY THE FILING PARTY WHEN INITIATING A NEW CASE. THIS SAME CAUSE, OR A SUBSTANTIALLY EQUIVALENT COMPLAINT, WAS PREVIOUSLY FILED IN THIS COURT AS CASE NUMBER AND ASSIGNED TO THE HONORABLE JUDGE . THIS CAUSE IS RELATED, BUT IS NOT SUBSTANTIALLY EQUIVALENT TO ANY PREVIOUSLY FILED COMPLAINT. THE RELATED CASE NUMBER IS AND THAT CASE WAS ASSIGNED TO THE HONORABLE . THIS CASE MAY, THEREFORE, BE OPENED AS AN ORIGINAL PROCEEDING. NEITHER THIS SAME CAUSE, NOR A SUBSTANTIALLY EQUIVALENT COMPLAINT, HAS BEEN PREVIOUSLY FILED IN THIS COURT, AND THEREFORE MAY BE OPENED AS AN ORIGINAL PROCEEDING. The undersigned affirms that the information provided above is true and correct. Date: Signature of Filing Party Case: 4:12-cv-01710-NAB Doc. #: 4 Filed: 09/27/12 Page: 1 of 1 PageID #: 12Case: 4:12-cv-01710-NAB Doc. #: 1-2 Filed: 09/21/12 Page: 1 of 1 PageID #: 16
  • AO 440 (Rev. 12/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) ) ) Plaintiff v. Civil Action No. Defendant SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case: 4:12-cv-01710-NAB Doc. #: 1-3 Filed: 09/21/12 Page: 1 of 2 PageID #: 17
  • AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Case: 4:12-cv-01710-NAB Doc. #: 1-3 Filed: 09/21/12 Page: 2 of 2 PageID #: 18
  • AO 440 (Rev. 12/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) ) ) Plaintiff v. Civil Action No. Defendant SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case: 4:12-cv-01710-NAB Doc. #: 1-4 Filed: 09/21/12 Page: 1 of 2 PageID #: 19
  • AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Case: 4:12-cv-01710-NAB Doc. #: 1-4 Filed: 09/21/12 Page: 2 of 2 PageID #: 20
  • AO 440 (Rev. 12/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) ) ) Plaintiff v. Civil Action No. Defendant SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case: 4:12-cv-01710-NAB Doc. #: 1-5 Filed: 09/21/12 Page: 1 of 2 PageID #: 21
  • AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Case: 4:12-cv-01710-NAB Doc. #: 1-5 Filed: 09/21/12 Page: 2 of 2 PageID #: 22
  • AO 440 (Rev. 12/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) ) ) Plaintiff v. Civil Action No. Defendant SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case: 4:12-cv-01710-NAB Doc. #: 1-6 Filed: 09/21/12 Page: 1 of 2 PageID #: 23
  • AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Case: 4:12-cv-01710-NAB Doc. #: 1-6 Filed: 09/21/12 Page: 2 of 2 PageID #: 24 Brief Description: Excessive use of police force Button6: Demand: 250000 Text1: DB, minor child, by and through Tami Bennett Text2: Jefferson County Sheriff's Dept, et al. Place Served: Method: Text3: 4:12-CV-01710 Text4: Text5: Organization: Text6: Text7: Text8: 09/27/2012 Text9: /s/ Richard R. Lozano Plaintiff address: Richard R. Lozano 231 S. Bemiston, Ste. 800 Clayton, Missouri 63015 (314) 650-5217 Button: SaveAs: Print1: Reset: County_of_Residence_of_Fi: Jefferson County Date: 09/27/2012 Unexecuted Reason: Plaintiff: DB, minor child, by and through Tami Bennett Attorneys: DOCKET_NUMBER: CHECK_IF_THIS_IS_A_CLASS: Other: JUDGE: Place Served2: FirmName: Richard R. Lozano, 231 S. Bemiston Ste. 800 Clayton, Missouri 63105 (314) 650-5217 Defendant: Jefferson County Sheriff's Department, et al. Check Box6: Yes Check Box5: Check Box4: Left With2: Server Address: Date_Today2: 7: Service Fee: Total Fee: 0 Additional information: Basis of Jurisdiction: 3.Federal_Question Served On: 9: 8: Date_Served: Travel Fee: Date_Received: 17: 18: 15: 16: 13: 14: Defendant2: 11: 12: V: Origin: 1 CM/ECF Requirements: Date_Served1: CauseofAction: 42 USC §1983 Defendant address: Jefferson County Sheriff's Department 510 1st St Hillsboro, MO 63050 Date_Served2: Civil action number: 4:12-CV-01710 Server Signature: b_County_of_Residence_of: Jefferson County Nature of Suit: 440 Sig: /s/ Richard R. Lozano Date_Today: CHECK_YES_only_if_demand1: Yes Organization2: 10: Left With: Dist: Info: Eastern District of Missouri Server Name: Deputy Clerk Signature:
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