Declaration of Independence Complaint

UNITED STATES DISTRICT COURT
OF THE DISTRICT OF COLUMBIA

William Thomas
1424 12^th Street, N.W.
Washington, D.C. 20005
(202 462-0757
Plaintiff,

v.

OFC. CHRISTIAN STANTON,
United States Secret Service Field Office
1050 Connecticut Avenue, N.W., Suite 1100
Washington, D.C. 20036
(2020 435-51000

and

UNITED STATES OF AMERICA,

Civil Process Clerk
U.S. Attorney for the District of Columbia
555 4th Street, N.W.
Washington, D.C. 20001
(202) 514-6600

Attorney General of the United States
Department of Justice
10th St. and Constitution Ave., N.W.
Washington, D.C. 20530
(202) 514-2001
Defendants.

COMPLAINT FOR DAMAGES

(Assault and Battery, False Arrest, False Imprisonment, Negligence,
Violation of First and Fourth Amendment Rights)

Jurisdiction and Venue

1. The Court has jurisdiction under 28 U.S.C. 壯 1331 and 1346@), the First and Fourth Amendments to the United States Constitution, and the Federal Tort Claims Act.

2. On July 10, 1996, plaintiff submitted an Administrative Claim on Form SF 95, Claim for Damage, Injury, or Death, to the United States Secret Service, Department of the Treasury. This claim was denied on October 22, 1996.

Parties

3. Plaintiff is a resident of the District of Columbia.

4. Defendant United States of America is sued under the Federal Tort Claims Act for assault and battery, false arrest, false imprisonment, and negligence by law enforcement officers of the United States Secret Service.

5. Defendant Christian Stanton was at all relevant times an employee and officer of the United States Secret Service, Department of the Treasury, an agency of the United States of America. He is sued in his individual capacity.

Facts

6. On April 6, 1996 at approximately 9:00-9:30 p.m., plaintiff William Thomas stood near his Proposition One protest vigil site in Lafayette Park on the north side of Pennsylvania Avenue across from the White House in Washington, D.C. Mr. Thomas recited the preamble to the Declaration of Indpendence, projecting his voice so that passersby on both the north and south sides of Pennsylvania Avenue could hear him. Secret Service officer Christian Stanton stood on the south side of Pennsylvania Avenue in front of the White House and shouted to Mr. Thomas to "be quiet." Off. Stanton crossed the street and stood in front of Mr. Thomas. They had a conversation during which Officer. Stanton told Mr. Thomas to "be quiet" and Mr. Thomas explained to Officer. Stanton his understanding of First Amendment free speech principles. Two other uniformed officers approached in a vehicle and spoke to Mr. Thomas and Officer Stanton. After a brief conversation, Ofc. Stanton and the two officers in the vehicle left Mr. Thomas.

7. Shortly thereafter, Mr. Thomas stood on the north side of Pennsylvania Avenue across from the White House and, again projecting his voice so that persons on both sides of Pennsylvania Avenue could hear him, he conversed briefly with a group of people in front of the White House on the south side of Pennsylvania Avenue regarding principles of free speech in the United States. The persons on the south side of Pennsylvania Avenue who conversed with Mr. Thomas also projected their voices loud enough so that Mr. Thomas could hear them. Continuing to project his voice so that the people on the south side of Pennsylvania Avenue could hear him, Mr. Thomas recited the First Amendment to the U.S. Constitution. As Mr. Thomas was reciting the First Amendment, Ofc. Stanton ran across Pennsylvania Avenue toward Mr. Thomas, shouting repeatedly to Mr. Thomas to "shut up Ofc. Stanton ran up to and pushed Mr. Thomas, causing Mr. Thomas to step backwards suddenly. Mr. Thomas regained his balance and remained standing. Ofc. Stanton grabbed, tugged, and pulled Mr. Thomas. Ofc. Stanton grabbed Mr. Thomas around the arms and torso and thrust him face down toward the ground. Mr. Thomas braced his fall with his hands and pushed himself up on his hands and knees. Ofc. Stanton held Mr. Thomas in that position by leaning or kneeling on Mr. Thomas's back. Ofc. Stanton yelled, "Quit resisting." Mr. Thomas responded, "I'm not resisting." Then Ofc. Stanton grabbed Mr. Thomas around his waist, picked him up off the ground and, developing momentum, swung Mr. Thomas's body upward and then thrust him down onto the ground. Of. Stanton maintained his grip and fell on top of Mr. Thomas's back. Mr. Thomas landed on the brick sidewalk surface, striking his head and chest against the bricks, immediately causing his nose and forehead to bleed and knocking his eyeglasses from his face.

8. Five or six additional Secret Service officers shouting, "Man down!" ran toward Mr. Thomas and Ofc. Stanton. At least one of the officers carried a night stick or baton in his hand as he ran toward Mr. Thomas. Mr. Thomas lay face down on the brick sidewalk. One or more officers lay or knelt on Mr. Thomas's back. An officer pulled Mr. Thomas's hands behind his back and placed handcuffs on his wrists behind his back.

9. Officers lifted Mr. Thomas to his feet. A Secret Service officer took Polaroid photographs of Mr. Thomas's face Officers placed Mr. Thomas in a van and transported him to the Metropolitan Police Department police station for the Second District located on Idaho Avenue, N.W. in Washington, D.C. At the substation, Ofc. Stanton handcuffed Mr. Thomas to a metal ring on the wall. Ofc. Stanton prepared a report charging Mr. Thomas with assault on a police officer and disorderly conduct. After over an hour at the substation, U.S. Secret Service officer Sgt. Hutchinson arrived at the substation. Sgt. Hutchinson reviewed Ofc. Stanton's report and told Ofc. Stanton to prepare a shorter report. Sgt. Hutchinson told Mr. Thomas that two witnesses had submitted written statements regarding the Lafayette Park incident to the Secret Service officers on the scene.

10. Sgt. Hutchinson and Ofc. Stanton uncuffed Mr. Thomas from the wall and replaced the handcuffs on Mr. Thomas's wrists behind his back. The officers improperly placed the cuffs on Mr. Thomas's wrists, causing Mr. Thomas's wrists to twist behind his back and causing Mr. Thomas to experience pressure from the cuff on his right wrist. The position of the short chain between the two cuffs and the tightness of the cuffs on Mr. Thomas's wrists made it impossible for Mr. Thomas to rotate his wrists inside the cuffs to avoid the twisting and pressure caused by the improperly placed cuffs. The improper placement of the cuffs caused Mr. Thomas's wrists to twist and his tight hand to swell, resulting in numbness and soreness in Mr. Thomas's right wrist and hand.

11. officers transported Mr. Thomas to Central Lockup at the District of Columbia Superior Court building located at 500 Indiana Avenue, N.W., Washington, D.C. Mr. Thomas remained in the Lockup from the early morning hours of April 7 until approximately 10:00 a.m. on Monday, April 8, when he appeared in court on the felony charge of assaulting a police officer. The judge told Mr. Thomas that the charges were dismissed and instructed him to go to another court room to dispose of the disorderly conduct citation; however, the escorting officer returned Mr. Thomas to the Lockup unit. Mr. Thomas remained in the Lockup unit until approximately

5:00 p.m., at which time an officer entered his cellblock, escorted him out of the unit, and allowed him to leave.

12. As a result of the acts of the officer described in paragraphs 6-11 above, Mr. Thomas suffered pain and suffering and injuries including a bloody nose, an abrasion on his forehead, and pain in his head and chest. As a further result of the acts of the officers described in paragraph 10 above, Mr. Thomas also suffered injuries including soreness and numbness of his right wrist and hand, which continued for approximately six weeks following the incident. In addition, Mr. Thomas suffered regular shooting pains from his right elbow to his right thumb for approximately two weeks following the incident. The frequency of these pains subsided after about two weeks, but continued intermittently for approximately four more weeks. Mr. Thomas also suffered numbness of his right thumb for approximately six months following the date of the incident.

Claims

Common Law Claims Against Defendant United States of America (FTCA)

13. The actions of Officer Christian Stanton set forth in paragraphs 6-12 constitute assault and battery in violation of District of Columbia common law. Under the Federal Tort Claims Act the defendant United States of America is liable to the plaintiff for the unlawful actions of Ofc. Stanton as he was acting within the scope of his employment as a law enforcement officer of the United States Secret Service.

14. The actions of Officer Christian Stanton set forth in paragraphs 6-12 constitute false arrest and false imprisonment in violation of District of Columbia common law. Under the Federal Tort Claims Act the defendant United States of America is liable to the plaintiff for the unlawful actions of Ofc. Stanton as he was acting within the scope of his employment as a law enforcement officer of the United States Secret Service.

15. The actions officer Christian Stanton and Sgt. Hutchinson set forth in paragraph 10 constitute negligence in violation of District of Columbia common law. The officers had a duty to Mr. Thomas not to Place handcuffs on his wrists such that the mere placement of

the handcuffs caused him pain and injury. The officers breached their duty when they placed handcuffs on Mr. Thomas's wrists in such a manner as to cause him pain and injury. This breach of their duty constituted negligence in violation of District of Columbia common law and was the direct and proximate cause of Mr. Thomas's pain and injury. Under the Federal Tort Claims Act the defendant United States of America is liable to the plaintiff for the unlawful actions of Ofc. Stanton and Sgt. Hutchinson as they were acting within the scope of their employment as a law enforcement officers of the United States Secret Service.

Constitutional Claims Against Officer Stanton (Bivens)1

16. The actions of Officer Christian Stanton set forth in paragraphs 6-12 violated Mr. Thomas's right to free speech under the First Amendment to the U.S. Constitution, Defendant Stanton is liable to the defendant for these unlawful actions in violation of the Constitution.

17. The actions of Officer Christian Stanton set forth in paragraphs 6-12 violated Mr. Thomas's right to be free from unreasonable detention, search and seizure under the Fourth Amendment to the U.S. Constitution. Defendant Stanton is Liable to the defendant for these unlawful actions in violation of the Constitution.

Relief

18. On the claims stated in paragraphs 13-14, Mr. Thomas asks the Court to enter judgment in his favor against defendant United States of America.

19. On the claims stated in paragraph 15, Mr. Thomas asks the Court to enter judgment in his favor against defendant United States of America and to hold the defendant United States of America liable to him for compensatory damages.

20. On the claims stated in paragraphs 16-17, Mr. Thomas asks the Court to enter judgment in his favor against defendant officer Christian Stanton.

21. For the injuries Mr. Thomas suffered as a result of the claims stated in paragraphs 13-14 and 16-17, Mr. Thomas asks the Court to hold defendants United States of America and
_________________

1.Bivens v. Six Unknown Named Agents of Fed Bureau of Narcotics, 403 U.S. 388 (1971).

Officer Christian Stantan jointly and severally liable to him for compensatory damages and the costs of this action.

22. on the claims stated in paragraphs 1&17.Mr. Thomas ask the Court to hold defendant Officer Christian Stanton further liable to him for punitive damages.

Jury Demand

23. Plaintiff demands a jury trial of his consfitutional claims against Officer Christian

Verification

24. I declare under penalty of perjury under the laws of the United States of America that the statements in the foregoing 順 2, 3 and 順 6-12 are true and correct.

William Thomas
1424 12th Street, N.W.
Washington, DC 20008
(202) 462-0757
Plaintiff

Respectfully submitted,

Daniel M. Schember, D.C. Bar #237180
Gaffney & Schember, P.C.
1666 Connecticut Avenue, N.W.
Suite 225
Washington, DC 20009
(202) 328-2244
Counsel for Plaintiff

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