The case was filed electronically on Sunday, June 30th and was assigned a case number on Monday. The Docket is
here (downloaded via PACER), but is currently not listed on Justia.
From the complaint, here are the claims for relief:
1st claim: Violation of 42 U.S.C. ยง 1983 (civil rights violations under color of law).
2nd claim: Assault.
3rd claim: Battery.
4th claim: False Arrest and Imprisonment.
5th claim: Intentional Infliction of Emotional Distress.
6th claim: Negligent Infliction of Emotional Distress.
7th claim: Civil Conspiracy (to deprive plaintiffs of civil rights under color of law).
8th claim: Defamation (causing the neighborhood to think the plaintiffs were criminals).
9th claim: Abuse of process (arrest and detention for purposes of intimidation)..
10th claim: Malicious Prosecution (charges were dismissed in court with a finding of prejudice against the prosecution).
11th claim: Respondeat Superior (holding the 2 cities culpable for the actions of the officers and PD's).
12th claim: Negligent Hiring, Retention, Supervision, and Training (again, holding the 2 cities responsible).
Paragraph 1 of the complaint alleges violations of the 3rd, 4th and 14th amendments. This is the only direct reference to the 3A, but the indirect reference is in the first claim for relief.
The 3A violation will be interesting, as I can see a mechanism for this. The Court however, may not agree. Considering that the charges were thrown out by the criminal court, there is substantial reason to believe a very large monetary settlement by everyone involved will be forthcoming.