WCSO

Case 3:17-cv-00333-MMD-VPC Document 1 Filed 05/26/17 Page 1 of 30
Peter Goldstein, Esq., (SBN 6992)

1 PETER GOLDSTEIN LAW CORP
A Professional Corporation
2 10795 West Twain Avenue, Ste. 110
Las Vegas, Nevada 89135
3 Telephone: (702) 474-6400
Facsimile: (888) 400-8799
4 peter@petergoldsteinlaw.com
5
Attorney for Plaintiffs
6 KAREN THOMPSON, individually and as co-
Special Administrator of the ESTATE OF
7 JUSTIN THOMPSON; and
RICK THOMPSON, individually and as co-
8 Special Administrator of the ESTATE OF
JUSTIN THOMPSON;
9
10 UNITED STATES DISTRICT COURT
11
FOR THE DISTRICT OF NEVADA (RENO)
12
13 KAREN THOMPSON, individually Case No.
and as Co Special Administrator of the
14 ESTATE OF JUSTIN THOMPSON;
RICK THOMPSON, individually and COMPLAINT FOR DAMAGES
15 as Co Special Administrator of the DEATH CERTIFICATE
ESTATE OF JUSTIN THOMPSON,
16 FRED WAID, Co-Special ATTACHED
Administrator,
17 DEMAND FOR JURY TRIAL
18 Plaintiffs,
1. Unreasonable Search and Seizure
19 vs. Excessive Force violation of the 4th
20 Amendment and 14th Amendment (42
COUNTY OF WASHOE the legal U.S.C. 1983)
21 entity controlling the WASHOE 2. Unreasonable Search and Seizure
22 COUNTY SHERIFFS OFFICE; Denial of Medical Care (42 U.S.C.
SHERIFF CHUCK ALLEN; 1983)
23 SERGEANT HILL; DEPUTY 3. Municipal Liability for
24 HOSPODAR, DEPUTY SOLANO, Unconstitutional Custom, Practice, or
DEPUTY PEEK, DEPUTY Policy violation of the 4th Amendment
25 CAMERON, DEPUTY HUBBELL,
and 14th Amendment (42 U.S.C. 1983)
26 DEPUTY MUSTAFA, DEPUTY 4. Substantive Due Process violation
TONE, DEPUTY MICHEL and DOES of the 14th Amendment (42
27 1-10, inclusive,
28
COMPLAINT FOR DAMAGES

1 U.S.C. 1983)
Defendants. 5. Battery (Wrongful Death)
2 6. Negligence (Wrongful Death)
3 7. Due ProcessInterference with
Familial Relationship (42 U.S.C.
4 1983)
8. Violations of 42 USC 12101, et
5 seq. (Americans With Disabilities Act)
6
7
8
9
10
11
12
13
14
15 INTRODUCTION
16 1. This civil rights and state tort action seeks general, compensatory and
17 punitive damages from Defendants for violating various rights under the
18 United States Constitution and Nevada state laws in connection with the
19 brain death of Decedent Justin Thompson while in custody at Washoe
20 County Detention Center (WCDC) on August 4, 2016 and his subsequent
21 death on August 7, 2016.
22 PARTIES
23 2. At all relevant times, Decedent JUSTIN THOMPSON (hereinafter
24 DECEDENT or JUSTIN THOMPSON) was an adult individual residing
25 in the County of Washoe, Nevada.
26 3. At all times herein mentioned, Plaintiff KAREN THOMPSON was an
27 individual residing in the County of Kern, California, and is the natural
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1 mother of DECEDENT. Plaintiff KAREN THOMPSON sues in her

2 individual capacity and as Co-Special Administrator of the ESTATE OF
3 JUSTIN THOMPSON. The Notice of Entry of Order for her appointment as
4 the Co- Administrator of the Estate of Justin Thompson was filed on
5 February 19, 2017. The Nevada resident co-administrator is Fred Waid,
6 attorney at law.
7 4. At all times herein mentioned, Plaintiff RICK THOMPSON was an
8 individual residing in the County of Kern, California, and is the natural father
9 of DECEDENT. Plaintiff RICK THOMPSON sues in his individual capacity
10 and as Co-Special Administrator of the ESTATE OF JUSTIN THOMPSON.
11 5. At all relevant times, Defendant COUNTY OF WASHOE (COUNTY) is
12 and was a government subdivision existing under the laws of the State of
13 Nevada with the capacity to be sued. COUNTY is responsible for the
14 actions, omissions, policies, procedures, practices, and customs of its various
15 agents and agencies, including the County of Washoe Sheriffs Department
16 (WCSD) and its agents and employees. At all relevant times, COUNTY
17 was responsible for assuring that the actions, omissions, policies, procedures,
18 practices, and customs of the WCSD and its employees and agents complied
19 with the laws of the United States and of the State of Nevada. At all relevant
20 times, COUNTY was the employer of Defendants DOES 1-5 as yet
21 unidentified Sheriff Deputies and other personnel and DOES 6-8 supervisory
22 personnel.
23 6. Defendant SHERIFF CHUCK ALLEN (ALLEN) is the Sheriff of Washoe
24 County as he was at all times relevant. He is sued in his individual capacity.
25 7. At all relevant times, WCSD was the employer of Defendants DOES 1
26 through 5 ("DOE DEPUTIES") who were WCSD Sheriff Deputies, and
27 DOES 6 through 8 ("DOE SUPERVISORS") who were managerial,
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1 supervisorial, and policymaking employees of the WCSD. WCSD is a

2 department of Defendant COUNTY and operates the Washoe County
3 Detention Center (hereafter, WCDC).
4 8. At all relevant times SERGENT HILL; DEPUTY HOSPODAR, DEPUTY
5 SOLANO, DEPUTY PEEK, DEPUTY CAMERON, DEPUTY HUBBELL,
6 DEPUTY MUSTAFA, DEPUTY TONE, DEPUTY MICHEL were duly
7 authorized employees and law enforcement officers employed by the Washoe
8 County Sheriffs Department and acting under color of law. All the above
9 individual are sued in their individual capacity and were subject to oversight
10 and supervision by COUNTY's elected and non-elected officials.
11 9. At all relevant times, Defendants DOES 1-5 were duly authorized employees
12 and agents of COUNTY, who were acting under color of law within the
13 course and scope of their respective duties as sheriff deputies and with the
14 complete authority and ratification of their principal, Defendant COUNTY.
15 10.At all relevant times, Defendants DOES 1-5 were duly appointed deputies
16 and/or employees or agents of COUNTY, subject to oversight and
17 supervision by COUNTY's elected and non-elected officials.
18 11. In doing the acts and failing and omitting to act as hereinafter. Defendants
19 DOES 1-5 were acting on the implied and actual permission and consent of
20 COUNTY.
21 12. At all times mentioned herein, each and every COUNTY defendant was the
22 agent of each and every other COUNTY defendant and had the legal duty to
23 oversee and supervise the hiring, conduct and employment of each and every
24 COUNTY defendant.
25
26 13. The true names of defendants DOES 1 through 10, inclusive, are unknown to
27 Plaintiffs, who therefore sue these defendants by such fictitious names.
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1 Plaintiffs will seek leave to amend this complaint to show the true names and
2 capacities of these defendants when they have been ascertained. Each of the
3 fictitious named defendants is responsible in some manner for the conduct
4 and liabilities alleged herein.
5 14. All of the acts complained of herein by Plaintiffs against Defendants were
6 done and performed by said Defendants by and through their authorized
7 agents, servants, and/or employees, all of whom at all relevant times herein
8 were acting within the course, purpose, and scope of said agency, service,
9 and/or employment capacity. Moreover, Defendants and their agents ratified
10 all of the acts complained of herein.
11 15. DOES 1-10 are sued in their individual capacity for damages only.
12
13
14 JURISDICTION AND VENUE
15 16. This civil action is brought for the redress of alleged deprivations of
16 constitutional rights as protected by 42 U.S.C. 1983, 1985, 1986, 1988,
17 and the Fourth and Fourteenth Amendments of the United States Constitution
18 and 42 USC 12101. Jurisdiction is founded on 28 U.S.C. 1331, 1343,
19 and 1367. This Court has supplemental jurisdiction over Plaintiffs state
20 claims.
21 17. Venue is proper in this Court under 28 U.S.C. 1391(b) because Defendants
22 reside in, and all incidents, events, and occurrences giving rise to this action
23 occurred in, Washoe County, Nevada.
24
25
26 FACTS COMMON TO ALL CAUSES OF ACTION
27 18. DECEDENT was in the COUNTYs custody after being arrested on August
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1 3, 2016 by the Reno Police Department.

2 19.He was taken to Renown Regional Medical Center (hereinafter Renown) in
3 the early evening of August 3, 2016 for treatment of injuries including
4 abrasions to his head and lower extremities resulting from an altercation with
5 the police during his arrest.
6 20.Emergency Department physicians at Renown allegedly recommended he
7 take a CT scan and x-rays to rule out further injuries, but DECEDENT
8 allegedly declined.
9 21.The medical records from Renown for that visit state contradictorily that
10 DECEDENT was capable of declining the diagnostic imaging despite also
11 noting both a psychiatric disorder in his medical history and describing one
12 of his chief complaints as being off psych meds.
13 22. He was discharged into the WCSDs custody and incarcerated at the Washoe
14 County Detention Center (WCDC).
15 23.DECEDENT remained in a holding cell for 24 hours and 38 minutes. From
16 3:54 PM on August 3 until 4:32 PM on August 4. DECEDENT was dressed
17 only in shorts, he had no shoes, socks or shirt, and the only things inside of
18 his cell were a middle toilet and sink.
19 24.While in his cell, DECEDENT lay on the floor, curled up in a fetal position,
20 clutching his head and wrapping toilet paper around his head and his ears,
21 drawing on the walls with his blood.
22 25.After DECEDENT was alone in his cell for more than 24 hours, becoming
23 increasingly more distressed, the defendants sent in deputies in tactical gear
24 wearing helmets and riot gear to violently extract him from his cell.
25 26. DECEDENT was taken back to Renown Regional Medical Center.
26 27. The medical notes for the 2nd visit state that the staff physician at WCDC
27 requested a CT scan of DECEDENTs brain due to bizarre behavior. The
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1 notes also indicate that the guards stated DECEDENT had been somewhat
2 agitated and combative throughout the day. The notes also state that
3 DECEDENT stopped talking and distended off into space for the rest of the
4 examination.
5 28. DECEDENT was given Haldol for his episodes of agitation.
6 29. Haldol makes persons docile and DECEDENT was not a physical threat to
7 any of the deputies when he was taken back to the booking room in a
8 wheelchair. Haldol is also known for its extrapyramidal side effects that
9 cause patients to suffer from movement disorders resulting from taking the
10 drug.
11 30. DECEDENT was described as having intermittent lucidity. He was given a
12 CT scan of the brain. Radiology notes found no intracranial mass effect or
13 acute hemorrhage.
14 31. DECEDENT was discharged back to the WCDC at approximately 7:53 pm
15 on August 4, 2016.
16 32. After returning to the WCDC, DECEDENT was videotaped. Two hours of
17 footage from the Washoe County jail depict the use of force that led to
18 DECEDENTs death. The footage shows the following facts at the indicated
19 time stamps:
20 a. 1:45 DECEDENT was in the booking area.
21 b. 6:25 DECEDENT begins rocking in his chair while his mugshot is
22 being taken.
23 c. 6:45 DECEDENT tries to stand.
24 d. 7:30 DECEDENT is wheeled out and an office grabs his head.
25 e. 7:45 DECEDENT is brought to the Sally Port.
26 f. 8:10 A deputy says Hows this? This feel good?
27 g. 8:30 A spit hood is placed on DECEDENTS head.
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1 h. 9:26 DECEDENT says Fuck you to a deputy while a knee is in his

2 back.
3 i. 9:29 A Deputy puts all his weight on DECEDENT.
4 j. 9:48 DECEDENT is rolled over on his back.
5 k. 10:34 DECEDENT says that hes not going to bite.
6 l. 10:37 DECEDENT says I cant breathe
7 m. 10:39 A Deputy says, Youre not complying Justin, youre being a
8 dick about the whole thing.
9 n. 11:11 A Deputy threatens DECEDENT saying, If you lash out, I
10 will make sure you remember it.
11 o. 11:25 DECEDENT screams. (There are six deputies surrounding
12 him)
13 p. 12:07 DECEDENT screams.
14 q. 13:15 While being pinned down, DECEDENT says No. Why are
15 you doing this? Deputy says All on you. You asked for this by
16 your actions.
17 r. 14:39 A person asks medical questions of DECEDENT.
18 s. 15:22 DECEDENT screams.
19 t. 15:59 A Deputy says Dont fucking grab my hand.
20 u. 17:24 A Deputy asks DECEDENT How long have you been clean
21 for. DECEDENT responds, A while now.
22 v. 20:34 Deputy HOSPODAR says remember how things went at the
23 hospital
24 w. 21:40 DECEDENT screams. A Deputy says, Nobody is going to
25 help you. We are the help.
26 x. 24:24 A stretcher comes into the room.
27 y. 25:18 A taser is pulled out. DECEDENT is shot with a taser by
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1 Defendant, Deputy TONE while five people are pinning him down.
2 DECEDENT screams and is dragged towards the mega
3 mover(stretcher), screaming.
4 z. 27:04 A deputy states, Whats it going to take for you to stop being
5 stupid?
6 aa. 27:19 A Deputy says, We own you right now. Twelve deputies are
7 around the DECEDENT.
8 bb.28:16 A Deputy says, Were going to throw you in a cell and you
9 can sit there and be stupid.
10 cc. 28:21 A Deputy asks DECEDENT for full name and other basic
11 questions.
12 dd.29:59 DECEDENT screams. There is unidentified laughter.
13 ee. 31:54 DECEDENT has been unable to answer questions and lets out
14 a cry.
15 ff. 32:06 DECEDENT sounds like his is asphyxiating. Seven deputies
16 are on top of him.
17 gg. 32:37 DECEDENT starts coughing and wheezing, gasping for
18 breath. Deputies continue to say stop resisting and answer the
19 question while DECEDENT visibly coughs and wheezes.
20 hh. 34:50 DECEDENT makes two deep gasps. An deputy says You
21 have to knock this shit off.
22 ii. 35:42 DECEDENT screams. Deputies put him on the stretcher.
23 jj. 35:50 DECEDENT is placed face down on the gurney.
24 kk. 36:44 DECEDENT is taken out of the room. The video switches to
25 the jail cell where deputies flash lights at him.
26 ll. 41:30 Deputies start lifesaving efforts on DECEDENT.
27 33. As clearly indicated in the footage from the video, DECEDENTS face and
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1 head were covered with a spit hood which is a material that is placed over an
2 inmate's head and secured with an elastic band at the neck. It is designed to
3 prevent the arrested party or inmate from biting or spitting at peace officers.
4 34.Medically, the use of the spit hood can lead to the asphyxiation, particularly
5 when it is saturated with body fluids, such as sweat and sputum.
6 35. As seen in the video, the staff and deputies of the jail kicked, kneeled upon,
7 burked and applied torturous arm bar holds, and refused Plaintiffs pleas for
8 help.
9 36. As seen in the video, deputies tortured DECEDENT with their words and
10 actions, taunting him with threats that they own him, calling him an asshole,
11 and telling him that they are his only source of help.
12 37.As seen in the video, DECEDENT was removed from the wheelchair causing
13 his head to hit the floor. He was turned on his stomach and his shoulders, his
14 legs, feet, and torso were held out. Deputies were saying things such as, how
15 is this, and does this feel good?
16 38.As seen in the video, DECEDENT was laying still, his wrists were chained to
17 his abdomen and even though he started to writhe in pain, he was told to quit
18 moving and relax.
19 39.As seen in the video, one deputy swore at him and eight larger deputies knelt
20 firmly on the small of his back even when DECEDENT complained he could
21 not breathe. The deputies response to the complaint was to tell the
22 DECEDENT that he was not being compliant, and was being a dick about the
23 whole thing.
24 40.All the Deputies present were concerned about not getting injured by
25 somebody who was clearly not in a position to inflict any injury.
26 41. As seen in the video, DECEDENT was forced on his stomach with the spit
27 hood still his head, which is a position that compromises breathing. This too
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1 violated the standard of care owed to him.

2 42.Then a screening nurse employed by Naphcare begins to request answers to
3 questions such as his address, date of birth and other non-critical historical
4 questions.
5 43.Clearly, these questions were not that important. Defendants, COUNTY and
6 individuals knew most of the answers and it was perfunctory information that
7 was sought.
8 44. DECEDENT stated he could not breathe, they did not provide any help or
9 even begin to appreciate the level of danger and harm DECEDENT was
10 experiencing.
11 45.DECEDENT was taken back to Renown (for a third time) later that same
12 night (August 4). The notes for that visit indicate DECEDENT became
13 apneic and pulseless having cardiac arrest. Upon examination, DECEDENT
14 was nonresponsive to tactile, verbal or auditory stimuli. His pupillary and
15 corneal reflexes were absent. He was intubated and put on a ventilator. The
16 notes also indicate that DECEDENT had been fighting with prison guards
17 prior to collapsing. Jail surveillance video shows 6 WCDC employees
18 jumping on DECEDENT and holding him down. DECEDENT could not
19 breathe at that point and went into cardiac arrest. He was declared brain dead
20 at Renown on August 4, 2016.
21 46.He was declared dead on August 7, 2016 according to the death certificate.
22 47.DECEDENT remained in the hospital on life-support for five days before the
23 Sheriff's Department notified his family and longtime girlfriend on August 9,
24 2016 that he had been hospitalized.
25 48. Plaintiffs made the decision to take him off life support on August 12, 2016.
26 49. Plaintiffs are residents of Bakersfield, California, and no effort was made to
27 provide any information to them for five days after decedent's death.
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1 50. Sheriff Chuck Allen criticized the deputies handling of the struggle and
2 stated" I believe anyone watches this video will understand why I was
3 concerned about the handling of this incident. Why I immediately called for
4 an outside investigation. I further, and firmly, believe that some of the actions
5 shown do not reflect the standards of the men and women who work for the
6 Sheriff's office. Or they are they in keeping with my often expressed
7 expectation that employees from this office will always treat the public we
8 serve with fairness, equality and respect.
9 51. The Sparks Police Department conducted an independent investigation into
10 decedent's death in February, but found that even though the autopsy report
11 concluded that decedent died from a homicide, there was no criminal liability
12 that could be found against any of the deputies who were present during
13 decedent's death.
14 52. DECEDENT was one of three men who have died while struggling with
15 deputies inside Washoe County jail during the last year.
16 53.The Washoe County Coroner investigated and determined the DECEDENTs
17 death was homicide. The cause of death was anoxic-ischemic encephalopathy
18 following cardiac arrest due to probable cardiac arrhythmia. An autopsy was
19 performed that made the following findings, among others:
20 a. DECEDENT suffered anoxic-ischemic encephalopathy following
21 resuscitation after cardiopulmonary arrest following prolonged
22 physical struggle;
23 b. Evidence of injuries including:
24 i. Patterned abrasion and healing on DECEDENTs wrists and
25 ankles consistent with restraint (cuffs) application;
26 ii. Posterolateral right 10th rib fracture, an atypical location for
27 resuscitation, likely due to blunt trauma;
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1 iii. A 3 by up to 3/8 inch abrasion on the middle of DECEDENTs

2 forehead;
3 iv. Abrasions on DECEDENTs left and right ears;
4 v. Abrasions and contusions on DECEDENTs chest and
5 shoulders;
6 vi. Abrasions and contusions on DECEDENTS hands, wrists,
7 forearms and upper arms;
8 vii. Abrasions and contusions on DECEDENTs left and right feet,
9 knees and legs.
10 54. The coroners opinions included that DECEDENTs exertion of a violent
11 struggle against restraint by law enforcement was a significant condition
12 contributing to his death. The coroner also opined that the DECEDENT
13 probably would not have experienced cardiac arrest when he did, but for the
14 exertion of violent struggle against restraint by law enforcement and
15 determined the cause of death to be homicide.
16 55.The Nevada Department of Corrections Administrative Regulation 643
17 provides that The goal of Mental Health services in the Department is to
18 provide for the detection, diagnosis, treatment, and referral of inmates with
19 mental health problems, and to provide a supportive environment during all
20 stages of each inmates period of incarceration.
21 56. Through a series of acts and omissions evidencing gross negligence,
22 deliberate indifference to the safety and medical needs of DECEDENT, and
23 intentional disregard to WCDCs own policies and procedures, Defendants
24 COUNTY, ALLEN, SERGEANT HILL; DEPUTY HOSPODAR, DEPUTY
26 DEPUTY MUSTAFA, DEPUTY TONE, DEPUTY MICHEL
27 AND DOES 1-10, inclusive, caused, allowed and enabled DECEDENTs
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1 death.
2
3 FIRST CLAIM FOR RELIEF
4 Unreasonable Search and SeizureExcessive Force (42 U.S.C. 1983)
5 (Both the Estate of Justin Thompson and Rick Thompson and Karen
6 Thompson as Individuals Against All Defendants)
7 57. Plaintiffs reallege and incorporate all foregoing paragraphs.
8 58. Defendants excessive force against DECEDENT on their final beating of
9 him on the evening of August 4, 2016 after his second visit to Renown
10 deprived DECEDENT of his right to be secure in his person against
11 unreasonable searches and seizures as guaranteed to DECEDENT under the
12 Fourth Amendment to the United States Constitution and applied to state
13 actors by the Fourteenth Amendment. Defendants used excessive force by
14 jumping on DECEDENT, tasing him and holding him down at that time,
15 causing him to be unable to breathe, over exert himself, and to suffer cardiac
16 arrest. Defendants also obviously beat DECEDENT causing him to suffer
17 abrasions and contusions on his forehead, ears, shoulders, chest, arms, legs,
18 knees and feet, as described in the autopsy report. DECEDENT even suffered
19 a fractured posterolateral right 10th rib, an atypical location for resuscitation,
20 due to blunt trauma. DECEDENT was a pretrial detainee.
21 59. Defendants COUNTY, ALLEN, SERGEANT HILL; DEPUTY
22 HOSPODAR, DEPUTY SOLANO, DEPUTY PEEK, DEPUTY
23 CAMERON, DEPUTY HUBBELL, DEPUTY MUSTAFA, DEPUTY
24 TONE, DEPUTY MICHEL and Defendants DOES 1-5 integrally
25 participated in DECEDENTS death or failed to intervene to prevent it.
26 60. As a result of the excessive force, DECEDENT suffered extreme pain and
27 suffering and eventually suffered a loss of life.
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1 61. Defendants beating and killing of DECEDENT violated their training.

2 62. As a result of their misconduct, Defendants all are liable for DECEDENTs
3 and Plaintiffs injuries, either because they were integral participants in the
4 beating and killing of DECEDENT or because they failed to intervene to
5 prevent these violations.
6 63. The conduct of the individual Defendants was willful, wanton, malicious,
7 and done with reckless disregard for the rights and safety of DECEDENT and
8 therefore warrants the imposition of exemplary and punitive damages as to
9 individual Defendants only.
10 64. Plaintiffs KAREN THOMPSON, individually, and RICK THOMPSON,
11 individually, are seeking both survival and wrongful death damages under
12 this claim.
13 65. Plaintiff ESTATE OF JUSTIN THOMPSON is seeking survival damages
14 under this claim.
15
16 SECOND CLAIM FOR RELIEF
17 Unreasonable Search and SeizureDenial of Medical Care (42 U.S.C. 1983)
18 (The Estate of Justin Thompson Against All Defendants)
20 67. The denial of medical care by Defendants deprived DECEDENT of his right
21 to be secure in his person against unreasonable searches and seizures as
22 guaranteed to DECEDENT under the Fourth Amendment to the United States
23 Constitution and applied to state actors by the Fourteenth Amendment.
24 68. Defendants denied medical care to DECEDENT by: failing to admit him to a
25 medical care facility for treatment of his obvious psychiatric disorder;
26 providing him with appropriate psychiatric medication at WCDC; permitting
27 him to be discharged after his first and second visits to Renown after being
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1 arrested on August 3, 2016 when he was clearly not competent to refuse

2 medical treatment; not having decedent examined and treated by a qualified
3 competent mental health professional; by using a violent extraction tactic to
4 extract decedent from his cell, and by engaging torturous, painful verbal and
5 physical assaults.
6 69. As a result, DECEDENT suffered extreme pain and suffering and eventually
7 suffered a loss of life.
8 70. Defendants knew that failure to provide timely medical treatment to
9 DECEDENT could result in further significant injury or the unnecessary and
10 wanton infliction of pain, but disregarded that serious medical need, causing
11 DECEDENT great bodily harm and death.
12 71. Defendants failure to timely provide medical treatment to DECEDENT was
13 a violation of their training.
14 72. As a result of their misconduct, all Defendants are liable for DECEDENTs
15 and Plaintiffs injuries, either because they were integral participants in the
16 beating or because they failed to intervene to prevent these violations.
17 73. The conduct of Defendants COUNTY, ALLEN, SERGEANT HILL;
18 DEPUTY HOSPODAR, DEPUTY SOLANO, DEPUTY PEEK, DEPUTY
20 TONE, DEPUTY MICHEL AND DOES 1-10 was willful, wanton,
21 malicious, and done with reckless disregard for the rights and safety of
22 DECEDENT and therefore warrants the imposition of exemplary and
23 punitive damages as to the individual Defendants.
26 this claim.
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1 under this claim.

2
3
4 THIRD CLAIM FOR RELIEF
5 Municipal Liability for Unconstitutional Custom or Policy (42 U.S.C. 1983)
6 (The Estate of Justin Thompson, and Karen Thompson and Rick Thompson as
7 Individuals Against Defendants COUNTY, ALLEN, and DOES 6-10)
9 77. On and for some time prior to August 7, 2016 (and continuing to the present
10 date) Defendants COUNTY, ALLEN, SERGEANT HILL; DEPUTY
13 TONE, DEPUTY MICHEL and DOES 1-10, deprived DECEDENT and
14 Plaintiffs of the rights and liberties secured to them by the Fourth and
15 Fourteenth Amendments to the United States Constitution, in that said
16 defendants and their supervising and managerial employees, agents, and
17 representatives, acting with gross negligence and with reckless and deliberate
18 indifference to the rights and liberties of the public in general, and of
19 DECEDENT, and of persons in their class, situation and comparable position
20 in particular, knowingly maintained, enforced and applied an official
21 recognized custom, policy, and practice of:
22 a. Employing and retaining as sheriff deputies and other personnel,
23 including SERGEANT HILL; DEPUTY HOSPODAR, DEPUTY
24 SOLANO, DEPUTY PEEK, DEPUTY CAMERON, DEPUTY
25 HUBBELL, DEPUTY MUSTAFA, DEPUTY TONE, DEPUTY
26 MICHEL who Defendants COUNTY, ALLEN and supervisors DOES
27 6-8, at all times material herein knew or reasonably should have known
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1 had dangerous propensities for abusing their authority and for

2 mistreating citizens by failing to follow COUNTYs written policies,
3 including the use of excessive and deadly force;
4 b. Of inadequately supervising, training, controlling, assigning, and
5 disciplining SERGEANT HILL; DEPUTY HOSPODAR, DEPUTY
6 SOLANO, DEPUTY PEEK, DEPUTY CAMERON, DEPUTY
7 HUBBELL, DEPUTY MUSTAFA, DEPUTY TONE, DEPUTY
8 MICHEL and other personnel, including DOES 1-8, who Defendants
9 COUNTY, ALLEN, and DOES 6-10 knew or in the exercise of
10 reasonable care should have known had the aforementioned
11 propensities and character traits, including the propensity for violence
12 and the use of excessive force, including deadly force;
13 c. By maintaining grossly inadequate procedures for reporting,
14 supervising, investigating, reviewing, disciplining and controlling the
15 intentional misconduct by all Defendants;
16 d. By failing to discipline SERGEANT HILL; DEPUTY HOSPODAR,
17 DEPUTY SOLANO, DEPUTY PEEK, DEPUTY CAMERON,
18 DEPUTY HUBBELL, DEPUTY MUSTAFA, DEPUTY TONE,
19 DEPUTY MICHEL, DOES 1-5 and other COUNTY employees
20 conduct, including but not limited to, unlawful detention and excessive
21 force, including deadly force;
22 e. By ratifying the intentional misconduct of Defendants SERGEANT
23 HILL; DEPUTY HOSPODAR, DEPUTY SOLANO, DEPUTY PEEK,
24 DEPUTY CAMERON, DEPUTY HUBBELL, DEPUTY MUSTAFA,
25 DEPUTY TONE, DEPUTY MICHEL
26 f. By having and maintaining an unconstitutional policy, custom, and
27 practice of seizing, detaining and searching individuals without
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1 probable cause or reasonable suspicion, and using excessive force,

2 including deadly force, which also is demonstrated by inadequate
3 training regarding these subjects. The policies, customs, and practices
4 of COUNTY, ALLEN, and DOES 6-8, were done with a deliberate
5 indifference to DECEDENTs and other individuals safety and rights;
6 g. By failing to properly investigate claims of unlawful detention,
7 searches, seizures, and excessive force by COUNTY employees;
8 h. failing to institute appropriate policies regarding constitutional
9 procedures and practices for use of force;
10 i. using excessive force against persons, condoning the use of excessive
11 force, and conspiring to cover-up civil rights violations;
12 j. failing to institute appropriate policies and procedures regarding
13 recognizing and appropriately responding to combative, erratic, self-
14 destructive, and otherwise harmful conduct by inmates who lack the
15 capacity to understand the consequences of their actions, to avoid
16 harming themselves or others, or to understand and comply with lawful
17 orders by COUNTY employees as a result of mental illness or mental
18 incapacity, and/or failing to train COUNTY employees as to how to
19 comply with those policies if those policies existed as of August 4,
20 2016, and/or failing to enforce compliance with those policies if those
21 policies existed as of August 4, 2016;
22 k. failing to institute appropriate policies and procedures regarding how
23 to safely restrain a mentally ill or mentally incapacitated inmate
24 without harming that inmate at a time when such inmate is behaving
25 combatively, erratically, non-compliantly, or otherwise harmfully as a
26 result of his or her inability to understand the consequences of their
27 actions, to avoid harming themselves or others, or to understand and
28
19
1 comply with lawful orders by COUNTY employees as a result of

2 mental illness or mental incapacity; and,
3 l. Totally inadequate training of its correctional deputies, Sheriffs
4 deputies, correctional facility employees and other COUNTY
5 employees, including defendants SERGEANT HILL; DEPUTY
8 TONE, DEPUTY MICHEL and DOES 1-5, on the aforementioned
9 policies and tactics, including the appropriate use of searches, seizures,
10 and force, despite clear need for such training.
11 m. By allowing other inmates to die at the hands of deputies including
12 Niko Smith and Tom Purdy all within one year and failing to discipline
13 any of the involved deputies were change policies.
14 78. By reason of the aforementioned policies and practices of Defendants
15 COUNTY, ALLEN, SERGEANT HILL; DEPUTY HOSPODAR, DEPUTY
17 DEPUTY MUSTAFA, DEPUTY TONE, DEPUTY MICHEL, and DOES 1-
18 8, DECEDENT was severely injured and subjected to fear, pain, suffering,
19 humiliation, death and other deprivations of his rights as alleged above.
20 79. Defendants identified herein, together with various other officials, whether
21 named or unnamed, had either actual or constructive knowledge of the
22 deficient policies, practices and customs alleged in the paragraphs above.
23 Despite having knowledge as stated above these defendants condoned,
24 tolerated and through actions and inactions thereby ratified such policies.
25 Said defendants also acted with deliberate indifference to the foreseeable
26 effects and consequences of these policies with respect to the rights of
27 DECEDENT and other individuals similarly situated.
28
20
1 80. By perpetrating, sanctioning, tolerating and ratifying the outrageous conduct

2 and other wrongful acts, Defendants COUNTY, ALLEN, SERGEANT
3 HILL; DEPUTY HOSPODAR, DEPUTY SOLANO, DEPUTY PEEK,
5 DEPUTY TONE, DEPUTY MICHEL and DOES 1-8, acted with an
6 intentional, reckless, and callous disregard for the life, safety, and rights of
7 DECEDENT. Defendants COUNTY, ALLEN SERGEANT HILL;
8 DEPUTY HOSPODAR, DEPUTY SOLANO, DEPUTY PEEK, DEPUTY
10 TONE, DEPUTY MICHEL and DOES 1-8, each of their actions were
11 willful, wanton, oppressive, malicious, fraudulent, and extremely offensive
12 and unconscionable to any person of normal sensibilities.
13 81. Furthermore, the policies, practices, and customs implemented and
14 maintained and still tolerated by Defendants COUNTY, ALLEN, and DOES
15 6-8, were affirmatively linked to and were a significantly influential force
16 behind the injuries, suffering, pain, and death of DECEDENT.
17 82. By reason of the aforementioned acts and omissions of Defendants
18 COUNTY, ALLEN, and DOES 6-8, DECEDENT experienced extreme fear,
19 pain, suffering, humiliation, death, deprivation of rights and other injuries
20 and damages.
21 83. Accordingly, all Defendants are liable to DECEDENT and Plaintiffs for
22 compensatory damages under 42 U.S.C. 1983.
25 this claim.
28
21
1 86. Plaintiffs also seek attorney fees under this claim.

2
3
4 FOURTH CLAIM FOR RELIEF
5 Substantive Due Process (42 U.S.C. 1983)
6 (The Estate of Justin Thompson, and Karen Thomson and Rick Thompson, as
7 Individuals Against All Defendants)
9 88. DECEDENT had a cognizable interest under the Due Process Clause of the
10 Fourteenth Amendment of the United States Constitution to be free from
11 state actions that deprive him of life, liberty, or property in such a manner as
12 to shock the conscience.
14 individually, each had a cognizable interest under the Due Process Clause of
15 the Fourteenth Amendment of the United States Constitution to be free from
16 state actions that deprive them of life, liberty, or property in such a manner as
17 to shock the conscience, including but not limited to unwarranted state
18 interference in their familial relationship with their son, DECEDENT.
19 90. The aforementioned actions of all Defendants along with other undiscovered
20 conduct, shock the conscience, in that they acted with deliberate indifference
21 to the constitutional rights of DECEDENT and Plaintiffs, and with purpose to
22 harm unrelated to any legitimate law enforcement objective.
23 91. As a direct and proximate cause of the acts of all Defendants, DECEDENT
24 experienced severe pain and suffering and lost his life.
25 92. All Defendants thus violated the substantive due process rights of Plaintiffs
26 to be free from unwarranted interference with their familial relationship with
27 DECEDENT.
28
22
1 93. Plaintiffs have suffered extreme and severe mental anguish and pain and
2 have been injured in mind and body. Plaintiffs have also been deprived of the
3 life-long love, companionship, comfort, support, society, care, and
4 sustenance of DECEDENT, and will continue to be so deprived for the
5 remainder of their natural lives.
6 94. The conduct of all Defendants was willful, wanton, malicious, and done with
7 reckless disregard for the rights and safety of DECEDENT and Plaintiffs and
8 therefore warrants the imposition of exemplary and punitive damages
11 this claim.
14 97. Plaintiffs also claim funeral and burial expenses, punitive damages, and
15 attorneys fees under this claim.
16
17 FIFTH CLAIM FOR RELIEF
18 Battery (Wrongful Death)
22 99. All Defendants, while working as sergeants, deputies, agents and/or deputies
23 for the WCSD and acting within the course and scope of their duties,
24 intentionally used excessive force against DECEDENT during their final
25 altercation with him on the evening of August 4, 2016 after his second visit
26 to Renown. Defendants used excessive force by jumping on DECEDENT
27 and holding him down at that time, causing him to be unable to breathe,
28
23
1 tasing him and causing him to suffer cardiac arrest. Defendants also
2 obviously beat DECEDENT causing him to suffer abrasions and contusions
3 on his forehead, ears, shoulders, chest, arms, legs, knees and feet, as
4 described in the autopsy report. DECEDENT even suffered a fractured
5 posterolateral right 10th rib, an atypical location for resuscitation, due to
6 blunt trauma.
7
8 100. All Defendants, also while working as sergeants, deputies, agents
9 and/or deputies for the WCSD and acting within the course and scope of their
10 duties, integrally participated or failed to intervene in the beating.
11 101. As a result of the actions of all Defendants, DECEDENT suffered
12 severe pain and suffering and ultimately died from his injuries.
13 102. All Defendants had no legal justification for using deadly force
14 against DECEDENT, and said Defendants use of force while carrying out
15 their duties as sergeants or deputies for the WCSD and COUNTY was an
16 unreasonable and excessive use of force under the circumstances.
17 103. As a direct and proximate result of the conduct of all Defendants as
18 alleged above, Plaintiffs and DECEDENT suffered extreme and severe
19 mental anguish and pain and have been injured in mind and body.
20 104. Defendant WCSD AND COUNTY is vicariously liable for the
21 wrongful acts of all Defendants under Nevada law.
22 105. The conduct of all Defendants was malicious, wanton, oppressive, and
23 accomplished with a conscious disregard for the rights of Plaintiffs and
24 DECEDENT, entitling Plaintiffs, in each case individually and as
25 administrators of the estate of DECEDENT, to an award of exemplary and
26 punitive damages as to all individual Defendants.
27 106. Plaintiffs KAREN THOMPSON, individually, and RICK
28
24
1 THOMPSON, individually, are seeking both survival and wrongful death

2 damages under this claim.
3 107. Plaintiff ESTATE OF JUSTIN THOMPSON is seeking survival
5
6 SIXTH CLAIM FOR RELIEF
7 Negligence (Wrongful Death)
11 109. The actions and inactions of all Defendants were negligent and
12 reckless, including but not limited to:
13 a. the failure to properly and adequately assess the need to use force or
14 deadly force against DECEDENT;
15 b. the negligent tactics and handling of the situation with DECEDENT;
16 c. the failure to provide prompt medical care to DECEDENT;
17 d. the failure to properly train and supervise employees, both professional
18 and non-professional, including Defendants SERGEANT HILL;
19 DEPUTY HOSPODAR, DEPUTY SOLANO, DEPUTY PEEK,
21 DEPUTY TONE, DEPUTY MICHEL, DOES 1-10;
22 e. the failure to ensure that adequate numbers of employees with
23 appropriate education and training were available to meet the needs of
24 and protect the rights of DECEDENT.
25 110. As a direct and proximate result of Defendants conduct as alleged
26 above, and other undiscovered negligent conduct, DECEDENT was caused
27 to suffer severe pain and suffering and ultimately died. Also as a direct and
28
25
1 proximate result of Defendants conduct as alleged above, Plaintiffs suffered

2 extreme and severe mental anguish and pain and have been injured in mind
3 and body. Plaintiffs also have been deprived of the life-long love,
4 companionship, comfort, support, society, care and sustenance of
5 DECEDENT, and will continue to be so deprived for the remainder of their
6 natural lives.
7 111. The WCSD and COUNTY is vicariously liable for the wrongful acts
8 of all Defendants because a public entity is liable for the injuries caused by
9 its employees within the scope of the employment if the employees act
10 would subject him or her to liability.
11 112. Plaintiffs KAREN THOMPSON, individually, and RICK
12 THOMPSON, individually, are seeking both survival and wrongful death
14 Plaintiff ESTATE OF JUSTIN THOMPSON is seeking survival damages under
15 this claim.
16
17 SEVENTH CLAIM FOR RELIEF
18 Due ProcessInterference with Familial Relationship (42 U.S.C. 1983)
19 (Karen Thompson and Rick Thompson as Individuals Against All Defendants)
20 113. Plaintiffs incorporate all foregoing paragraphs herein.
21 114. Plaintiffs had a cognizable interest under the Due Process Clause of the
22 Fourteenth Amendment of the United States Constitution to be free from state
23 actions that deprive them of life, liberty, or property in such a manner as to
24 shock the conscience, including but not limited to unwarranted state
25 interference in Plaintiffs familial relationship with their son, DECEDENT.
26 115. The aforementioned actions of all Defendants, along with other
27 undiscovered conduct, shock the conscience, in that they acted with deliberate
28
26
1 indifference to the constitutional rights of DECEDENT and Plaintiffs, and

2 with purpose to harm unrelated to any legitimate law enforcement objective.
3 116. All Defendants thus violated the substantive due process rights of
4 Plaintiffs to be free from unwarranted interference with their familial
5 relationship with DECEDENT.
6 117. As a direct and proximate cause of the acts of Defendants, Plaintiffs
7 suffered emotional distress, mental anguish, and pain. Plaintiffs have also
8 been deprived of the life-long love, companionship, comfort, support, society,
9 care, and sustenance of DECEDENT, and will continue to be so deprived for
10 the remainder of their natural lives.
11 118. The conduct of all Defendants SERGEANT HILL; DEPUTY
12 HOSPODAR, DEPUTY SOLANO, DEPUTY PEEK, DEPUTY CAMERON,
13 DEPUTY HUBBELL, DEPUTY MUSTAFA, DEPUTY TONE, DEPUTY
14 MICHEL and DOES 1-5 was willful, wanton, malicious, and done with
15 reckless disregard for the rights and safety of DECEDENT and Plaintiffs and
16 therefore warrants the imposition of exemplary and punitive damages as to all
17 the individual Defendants only.
18 119. Plaintiffs seek wrongful death damages under this claim in their
19 individual capacities.
20
EIGHTH CLAIM FOR RELIEF
21
Violations of 42 USC 12101, et seq.
22
23 (Against All Defendants)
24 120. Plaintiffs incorporate all foregoing paragraphs herein.

25
121. DECEDENT was disabled and as such suffered from mental
26
impairments that substantially limited one or more of his major life activities.
27
As an arrestee and pretrial detainee at the Washoe County Detention Center,
28
27
1 DECEDENT was qualified to receive the benefits of Defendants compliance
2 with their obligations under the Fourth and Fourteenth Amendment of the
3 United States Constitution, other applicable Federal and State laws, and
4 reasonable accommodations including monitoring and/or other protective
5 measures as necessary to ensure he had access to medical and/or other staff
6 trained and able to address his needs arising from his mental disability, and/or
7 being transferred to a facility that could provide those or similar
8 accommodations for his disability. Using untrained staff, and generally
9 exhibiting deliberate indifference both objectively and subjectively to the
10 medical and safety needs of inmates including decedent violated these
11 obligations.
12
122. Defendants violations of those obligations and failure to provide the
13
aforementioned reasonable accommodations deprived DECEDENT of
14
medical and safety needs that were reasonably safe.
15
16 123. As a direct and proximate result of Defendants conduct as alleged
17 above, and other undiscovered negligent conduct, DECEDENT was caused to
18 suffer severe pain and suffering and ultimately died. Also as a direct and
19 proximate result of Defendants conduct as alleged above, Plaintiffs suffered
20 emotional distress and mental anguish. Plaintiffs also have been deprived of
21 the life-long love, companionship, comfort, support, society, care and
22 sustenance of DECEDENT, and will continue to be so deprived for the
23 remainder of their natural lives.
24
26
27 PRAYER FOR RELIEF
28
28
1 WHEREFORE, Plaintiffs requests entry of judgment in their favor and

2 against Defendants COUNTY, ALLEN and Does 1-10, inclusive, as follows:
3 A. For compensatory damages, including wrongful death damages
4 under federal and state law, in the amount to be proven at trial;
5 B. For funeral and burial expenses;
6 C. For punitive damages against the individual defendants in an
7 amount to be proven at trial;
8 D. For pre- and post-judgment interest at the maximum legal rate;
9 E. As to the first, second, third and fourth causes of action,
10 reasonable attorneys fees and litigation expenses and costs
11 pursuant to 42 USC 1988;
12 F. As to the first, second, third, fourth and seventh causes of
13 actions, reasonable attorneys fees and litigation expenses and
14 costs pursuant to 42 USC 12205;
15 G. For costs of suit as to all causes of action; and
16 H. For such further other relief as the Court may deem just, proper,
17 and appropriate.
18 Dated: May 26, 2017 PETER GOLDSTEIN LAW CORP
A Professional Corporation
19
20
BY /s/ Peter Goldstein
21 PETER GOLDSTEIN, ESQ.
Attorney for Plaintiffs
22 KAREN THOMPSON, individually and as
Special Administrator of the ESTATE OF
23 JUSTIN THOMPSON; and
RICK THOMPSON, individually and as
24 Special Administrator of the ESTATE OF
25 JUSTIN THOMPSON
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Case 3:17-cv-00333-MMD-VPC Document 1 Filed 05/26/17 Page 1 of 30

Peter Goldstein, Esq., (SBN 6992)

COMPLAINT FOR DAMAGES

1 mother of DECEDENT. Plaintiff KAREN THOMPSON sues in her

1 supervisorial, and policymaking employees of the WCSD. WCSD is a

1 3, 2016 by the Reno Police Department.

1 h. 9:26 DECEDENT says Fuck you to a deputy while a knee is in his

1 violated the standard of care owed to him.

1 iii. A 3 by up to 3/8 inch abrasion on the middle of DECEDENTs

1 61. Defendants beating and killing of DECEDENT violated their training.

1 arrested on August 3, 2016 when he was clearly not competent to refuse

1 under this claim.

1 had dangerous propensities for abusing their authority and for

1 probable cause or reasonable suspicion, and using excessive force,

1 comply with lawful orders by COUNTY employees as a result of

1 80. By perpetrating, sanctioning, tolerating and ratifying the outrageous conduct

1 86. Plaintiffs also seek attorney fees under this claim.

1 THOMPSON, individually, are seeking both survival and wrongful death

1 proximate result of Defendants conduct as alleged above, Plaintiffs suffered

1 indifference to the constitutional rights of DECEDENT and Plaintiffs, and

24 120. Plaintiffs incorporate all foregoing paragraphs herein.

1 DECEDENT was qualified to receive the benefits of Defendants compliance

4 reasonable accommodations including monitoring and/or other protective

5 measures as necessary to ensure he had access to medical and/or other staff

7 being transferred to a facility that could provide those or similar

8 accommodations for his disability. Using untrained staff, and generally

9 exhibiting deliberate indifference both objectively and subjectively to the

10 medical and safety needs of inmates including decedent violated these

1 WHEREFORE, Plaintiffs requests entry of judgment in their favor and

1 DEMAND FOR JURY TRIAL

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