Case 4:11-cv-00523 Document 1 Filed in TXSD on 02/10/11 Page 1 of 10

UNITED STATES DISTRICT COURT

SOUTHERN DIVISION OF TEXAS
HOUSTON DIVISION
HATICE CULLINGFORD, )(

Plaintiff, )( CIVIL ACTION NO.: 4:11-CV-523

V. )(

THE CITY OF HOUSTON, TEXAS, )(

OFFICER H. J. MORALES JR., and
JOHN DOE OFFICERS; )(

Defendants. )(

PLAINTIFF’S ORIGINAL COMPLAINT

NOW COMES Plaintiff HATICE CULLINGFORD and files this original complaint

against defendants City of Houston, Officer H.J. Morales, individually and in an official capacity,

and John Doe Officers, individually and in an official capacity, and will show the Court the

following:

JURISDICTION AND VENUE

1. This Court has jurisdiction over Plaintiff’s federal claims, under 28 U.S.C. §

1331, 42 U.S.C. §§ 1983 and 1988, and supplemental jurisdiction, under 28 U.S.C. § 1367(a), to

hear Plaintiff’s state law claims.

2. Venue is proper in this Court, under 28 U.S.C. § 1391(b), because the incident at

issue took place in Harris County, Texas, within the United States Southern District of Texas.

PARTIES

3. Plaintiff Hatice Cullingford is a resident of Harris County, Texas.

4. Defendant Officer H. J. Morales Jr., Individually and in an official capacity, is a

Houston police officer and resident of Harris County, Texas, and can be served with process at

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1200 Travis, Houston, Texas 77002.

5. Defendant City of Houston in a municipality within the U.S. Southern District of

Texas and has been served with process by serving the City Secretary, 900 Bagby, Houston,

Texas 77002.

6. Defendant John Doe Officers, Individually and in an official capacity, are the

Houston City police officers at the scene who falsely arrested Dr. Cullingford, illegally entered

and searched her home, used excessive force on her and searched her person and her house and

those Houston City jailer(s) who used excessive force on Dr. Cullingford and can be served with

process at 1200 Travis, Houston, Texas 77002, when their names are ascertained through

discovery or otherwise.

FACTS

7. Hatice Cullingford (Dr. Cullingford), Ph.D. (Chemical Engineering), 65, has lived

at her residence, a house, in Houston in the Clear Lake neighborhood for over 29 years. Dr.

Cullingford was an aerospace technologist at NASA, a staff member in the nuclear field at Los

Alamos National Laboratory, a nuclear reactor engineer for the U.S. Atomic Energy Commission

and a mechanical engineer working on nuclear fusion energy for the U.S. Department of Energy.

Dr. Cullingford held the U.S. security clearances in the Department of Defense and the

Department of Energy.

8. Dr. Cullingford has never been convicted of any crime in her life and never had

been previously arrested for any crime.

9. The night of August 5, 2009, a wanted criminal from Dallas, Texas, Robert

Shlemon, 26, was walking his dog with another person by Dr. Cullingford. Shlemon had

previously been convicted of a drug crime, carrying a weapon in a prohibited place, as well as

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other crimes. At the time he was wanted on several warrants from Dallas County, Texas.

10. In full view of Dr. Cullingford Wanted Criminal Shlemon and the other individual

then proceeded to allow their dog to defecate on Dr. Cullingford’s well-manicured lawn--in the

flower bed--thereby violating Houston City ordinance. Dr. Cullingford told Wanted Criminal

Shlemon and the other person not to do this. Wanted Criminal Shlemon and the other individual

then proceeded to berate Dr. Cullingford and the dog lunged forward at Dr. Cullingford.

11. Wanted Criminal Shlemon then stated he was going to get his gun and they left.

12. Later that evening Defendant H. J. Morales Jr.--a Houston police officer--and

several other Houston police officers arrived at Dr. Cullingford’s residence. The police knocked

on the door and arrested Dr. Cullingford. Dr. Cullingford was put in handcuffs and placed in the

back of a City of Houston police car.

13. Defendant H. J. Morales Jr. and the other police officers then entered Dr.

Cullingford’s residence and were in Dr. Cullingford’s residence for over an hour. Another

officer searched through Dr. Cullingford’s purse and took out various items. At no time did Dr.

Cullingford give anyone permission to enter her property or search in her purse. Dr. Cullingford

found the experience very embarrassing and frightening. Dr. Cullingford was threatened with a

Taser. Dr. Cullingford’s shoulder was injured by the police. Dr. Cullingford was then taken to

the Houston City jail on Mykawa Road.

14. The police failed to investigate the matter properly. Had they investigated the

matter they would have arrested Wanted Criminal Shlemon for assault. The Houston police

would also have arrested Wanted Criminal Shlemon for his warrants out of Dallas County. The

Houston police failed to give Wanted Criminal Shlemon and the other person a ticket for failing

to curb their dog in violation of Houston City ordinance.

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15. At the Houston jail on Mykawa Road Dr. Cullingford was at least forcefully

grabbed and shoved by several jailers in great excess for any need to use such force causing pain,

bruising and lacerations. Dr. Cullingford was in jail for around 15 hours before spending money

to bond out. No use of force report was filled out and no jailer reported any other jailer for

obvious excessive use of force.

16. Based upon the paperwork and information provided by Defendant H. J. Morales

Jr. Dr. Cullingford was charged with assault by threat, a class C misdemeanor. Dr. Cullingford

did not commit any crime nor was there any probable cause to arrest or charge Dr. Cullingford

with any crime. On March 5, 2010, the case against Dr. Cullingford was dismissed.

17. The events caused Dr. Cullingford at least pain and suffering, anxiety, lost sleep,

fear, embarrassment and mental anguish.

18. In the late Spring of 2010 teenager Chad Holley was purposefully struck by a

Houston police squad car and then violently beaten--by kicking, stomping and punching in the

head, groin and other parts of his body--by least four Houston police officers while other

Houston police officers looked on without intervention. Chad Holley was not resisting but had

lain down on the ground with his hands behind his back. No officer attempted to stop the beating

by the other officers and after the beating no officer reported any other officer for the incident.

No use of force report was filled out by any officer in a timely manner. The Mayor of Houston,

Annise Parker, thereafter, would not allow the release of a videotape showing the incident to the

public.

19. In February, 2011, a videotape of the Chad Holley beating was released to local

Houston television station KTRK, Channel 13, by a Houston citizen. Houston City Mayor

Annise Parker then threatened the citizen and berated KTRK Channel 13: “Whoever provided

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the video to Channel 13 is in violation of a federal court order1 and should be prosecuted. It is

unfortunate and irresponsible that Channel 13 has chosen to air the material at this time.”

20. February 8, 2011, at a Houston City Council public meeting discussing the Chad

Holley excessive force incident and past police excessive force incidents Houston City Attorney

David Feldman interrupted Houston City Councilpersons such as Melissa Noriega who were

talking about the videotape of Holley and past instances of police brutality that they could effect

city liability, a sentiment which Mayor Parker also verbalized. Council member Noriega agreed

and stopped talking about excessive force events as did the Mayor and other City

Councilpersons. For the past twenty years there have been excessive force cases against the City

pending at all times.

21. In 2008 Charles Chukwu was arrested and taken to the Houston jail at Mykawa

Road where he was beaten by at least one City of Houston jailer without any reason. After the

beating Mr. Chukwu was released before he could get the names of the jail inmate witnesses.

The jailers failed to file a timely use of force report and did not stop the beating of Mr. Chukwu

nor did the Houston jailers report another Houston jailer for the obvious excessive force. The

jailers refused to take Mr. Chukwu to the jail clinic or hospital where the injuries could be

documented despite the excessive use of force and obvious injures.

22. The Chukwu incident was caught on videotape and investigated by the Houston

Internal Affairs Department which failed to find any violation when in fact excessive force had

been used against Mr. Chukwu. Mr. Chukwu asked for the videotape from former City Mayor

Bill White, Houston City Council and the HPD Internal Affairs Department but was refused. At

1
The citizen was not a party to the lawsuit nor was any protective order directed at the citizen.
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a Houston City Council meeting Councilman Adrian Garcia stated that the videotape should be

released. City Councilman Sue Lovell asked the HPD Internal Affairs Department about the

Chukwu jail beating video, however, Councilman Sue Lovell never received a copy of the

Chukwu video to Chukwu‘s knowledge. More than two years after the alleged beating Mr.

Chukwu has not received the beating videotape.

23. Around February 6, 2009, Trenton Garrett was arrested and taken to the Houston

jail at Mykawa Road where he was beaten by City of Houston jailers by at least strikes to the

head without any reason. The jailers failed to file a timely use of force report and did not stop

the beating of Mr. Garrett nor did the Houston jailers report another Houston jailer for the

obvious excessive force. The jailers refused to take Mr. Garrett to a hospital where the injuries

could be documented despite the excessive use of force and obvious injures. The incident was

caught on videotape and investigated by the Houston Internal Affairs Department which failed to

find any violation when in fact excessive force had been used against Mr. Garrett. Mr. Garrett

asked for the videotape from the HPD Internal Affairs Department but was refused. More than

two years after the alleged beating Mr. Garrett has not received the beating videotape.

24. August 8, 2009, unarmed John Barnes, 39, was shot and killed by Houston Police

officer Ryan G. Gardiner. March 15, 2006, Gardiner shot Robert Paul Cantrell. In 2006,

Gardiner was identified as the HPD officer that used his Taser more than any other officer. The

City stopped the Harris County Medical Examiner from releasing the autopsy report of John

Barnes. The City has a custom, practice, procedure and policy of preventing the release of

autopsy reports involving officer involved shootings.

25. On June 22, 2008, Henry Lee Madge was struck several times while in handcuffs

by a Houston police officer.

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26. Upon information and belief there are many other beatings by Houston police,

some caught on video and some reviewed by the Internal Affairs Department, that legally

constitute excessive force, but no discipline is handed out.

CAUSES OF ACTION

I. Violation of Fourth Amendment

27. The Fourth Amendment guarantees everyone the right “to be secure in their

persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const.

amend. IV. Fourth Amendment violation are actionable under 42 U.S.C. Section 1983.

28. Defendants violated Dr. Cullingford’s Fourth Amendment rights, at least, when

they detained, arrested and jailed her without probable cause or reasonable suspicion.

29. Defendants violated Dr. Cullingford’s Fourth Amendment rights when they

searched her house, her person and her purse without a warrant.

II. Violation of Fourteenth Amendment

30. The Fourteenth Amendment guarantees everyone the right not to be deprived of

liberty without due process of law. U.S. Const. amend. XIV.

31. Defendants City of Houston and the John Does’ violated Dr. Cullingford’s

Fourteenth Amendment rights when they used excessive force upon Dr. Cullingford at the

Houston City jail at Mykawa and when an officer injured her shoulder at her residence.

32. Defendants City of Houston and Officer Morales also violated the Fourteenth

Amendment when they prosecuted Dr. Cullingford without probable cause and with malice, at

least causing her to be incarcerated, hiring an attorney and losing her liberty interest by having to

show up at trial and then the case against her was dismissed.

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III. False Arrest

33. Defendant Officer Morales falsely arrested Dr. Cullingford in conspiracy with the

John Doe officers at the scene. Dr. Cullingford was on her own property when Wanted Criminal

Shlemon, the other individual and their dog violated City ordinance by failing to curb their dog

and then threatened Dr. Cullingford. This is a violation of the Fourth Amendment’s prohibition

on unreasonable searches and seizures.

IV. State Law Malicious Prosecution

34. Dr. Cullingford also brings a state law claim for malicious prosecution against

Defendant Officer Morales and the City. Dr. Cullingford’s case was terminated in her favor,

Defendants Officer Morales and City of Houston played an active role in the original case, there

was no probable cause or reasonable grounds to support the original case, and the defendants

initiated or continued the initial case with an improper purpose including malice.

V. City of Houston Liability

35. The Constitutional violations that Dr. Cullingford suffered were the result of

policies, practices, customs and procedures of the City of Houston.

36. There is a custom and practice by the City of Houston through its employees to

use excessive force upon citizens and failure to discipline appropriately, failure to train and

failure to supervise properly.

37. There is a custom and practice by Houston police officers to not report use of

excessive force upon citizens by other Houston police officers.

38. There is a custom and practice by the City of Houston and it’s employees to

withhold videotape evidence of excessive force from public view including by ex-Mayor Bill

White, Mayor Annise Parker, Houston City Councilpersons, the Internal Affairs Department and

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the Chief of Police and to not file use of force reports when force is used on a suspect and not to

report fellow officers for excessive use of force.

39. There is a custom and practice of covering up excessive force by stopping the

release of autopsy reports in police shootings. There is a policy, custom, practice, and procedure

of not speaking freely about police excessive force incidents at Houston City Council meetings.

40. The above policies, practices, customs and procedures by the City of Houston

were done with conscious indifference and caused Dr. Cullingford to suffer the injuries she

complains of herein.

VI. Punitive Damages

41. The individual HPD officers are liable for punitive damages as they were

consciously indifferent to the plaintiff’s constitutional rights and they did the acts knowingly,

such acts being extreme and outrageous and shocking to the conscious.

VII. Conspiracy Under 42 U.S.C. Section 1983

42. Defendant H. J. Morales Jr. and the John Doe officers at the scene acted in concert

to detain and falsely arrest Dr. Cullingford and to illegally search her house and purse. No

officer reported any other officer for the obvious misconduct.

43. The John Doe Officers at the jail acted in concert in using excessive force on Dr.

Cullingford. They failed to fill out use-of- force reports, failed to secure the jail video of the

incident and failed to report each other for excessive force.

VIII. Attorney’s Fees

44. Dr. Cullingford is entitled to recover attorneys’ fees and costs to enforce her

Fourth, Fifth and Fourteenth Amendment rights and under 42 U.S.C. Sections 1983 and 1988,

from Defendants.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff Hatice Cullingford requests that the Court:

A. Enter judgment for Plaintiff against City and each and every named HPD police

officer;

B. Find that Plaintiff is the prevailing parties in this case and award attorneys’ fees

and costs, pursuant to federal law, as noted against defendant City of Houston and the

individually named defendant police officers;

C. Award damages to Plaintiff for the violations of her rights under the Fourth, Fifth

and Fourteenth Amendments and state law malicious prosecution;

D. Award Pre- and post-judgement interest;

E. Award Punitive damages against any and all the individually named defendant

HPD officers and jailers;

F. Order injunctive relief in the form of anti-police brutality training; and

G. Grant such other and further relief as appears reasonable and just, to which,

Plaintiff shows herself entitled.

RESPECTFULLY SUBMITTED
LAW OFFICE OF RANDALL L KALLINEN PLLC

/S/ 5DQGDOO/.DOOLQHQ
_______________________________________
Randall L. Kallinen
State Bar of Texas No. 00790995
U.S. Southern District of Texas Bar No.: 19417
Admitted, Fifth U.S. Circuit Court of Appeals
Admitted, U.S. Eastern District of Texas
511 Broadway Street
Houston, Texas 77012
Telephone: 713/320-3785
E-mail: AttorneyKallinen@aol.com
Attorney for Plaintiff

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