RIDGEWAY SUPERIOR COURT
epidermisgupta69,
Plaintiff,
v.
BetaTheWolfGamer, in his
QUASI-OFFICIAL CAPACITY.
Defendant.
Case No. RSC-CV-841
AMENDED CIVIL COMPLAINT
PLAINTIFF, epidermisgupta69 (hereinafter “Plaintiff”), by and through their undersigned
counsel, files this action against the Defendant and alleges as follows—
PARTIES TO THE PROCEEDINGS
1. Plaintiff, epidermisgupta69, is a citizen and resident of the State of Ridgeway.
2. Defendant, BetaTheWolfGamer, is a citizen and resident of the State of Ridgeway who is
employed within the County Sheriff’s Office and was on duty during the time of the
tortious actions, but is being sued in his quasi-official capacity.
JURISDICTION & VENUE
3. The Ridgeway State Constitution gives the Superior Court the ability to hear all cases and
or controversies. See Article V, Section 4.
4. Venue is proper as the tortious actions occurred within the County of Ridgeway.
FACTUAL ALLEGATIONS
5. The Plaintiff owns a small apartment within the City of Palmer. The Plaintiff has worked
very hard to afford this property and expects a reasonable amount of privacy and
protection in that apartment.
6. On or about the 1st of January, 2023, the Plaintiff was present in his aforementioned
property, standing on his balcony.
7. While standing on his balcony the Plaintiff displayed his lawfully owned Cline 1711,
which he uses to defend himself.
8. The Plaintiff’s balcony was on the third floor of one of the Palmer Apartment Complex
buildings, and the Plaintiff’s firearm was not pointed towards any person or property. Nor
was the Plaintiff in the direct presence of another individual.
9. Ridgeway State Law does not recognize the mere brandishing of a firearm, while not in
the presence of another person as a crime.
10. Plaintiff, by standing on his third floor balcony, and outside the view of anyone in the
hallway or on other balconies, was fully within his right to brandish said firearm.
11. Defendant, however, barged into the Plaintiff’s private abode without proper justification
to do so.
12. Defendant, after trespassing onto the Plaintiff’s private property, detained the Plaintiff and
held him in custody for a period of five minutes.
13. During the custody it is only then that the Defendant recognized that he had probable
cause.
14. After holding the Plaintiff in custody in the third-floor hallway of one of the Palmer
Apartment Complex buildings, the Defendant brought the Plaintiff down to the first floor
and eventually outside the building entirely.
15. Defendant then sat in front of the building, seemingly typing. While this occurs, the
Plaintiff and the Defendant are gunned down by an individual with a firearm.
FIRST CAUSE OF ACTION
(1 R. Stat. 3114 - Official Misconduct)
15. Plaintiff incorporates by reference all prior allegations as if being alleged in this action.
16. Defendant entered the property of the Plaintiff in order to detain him for brandishing his
firearm, which the Plaintiff is legally allowed to do.
17. Defendant entered into the Plaintiff’s private property without legal authority or excuse
such as a warrant or consent, and therefore trespassed onto the property.
18. One of the duties of the Sheriff's Office is to patrol “the streets of the State and ensure
general order and tranquility and provide assistance where necessary.” Incorporation of
Ridgeway County §1.2(a).
19. Defendant, through trespassing onto the property, violated this duty as the general order
and tranquility of the area was disputed, as a result of the Defendant's conduct.
20. Defendant, is trained on his official duties as a part of standard RCSO training, and
therefore is aware or should be reasonably aware of this duty.
21. Defendant, however, still utilized his office to make an unauthorized exercise of said
office, knowing or with reasonable knowledge that the action was unauthorized, and is
therefore liable for Official Misconduct.
22. Defendant also refrained from upholding the general peace and tranquility of the area, a
duty imposed upon him by law, through the trespass of the Plaintiff's property.
SECOND CAUSE OF ACTION
(1 R. Stat. §3114 - Official Misconduct )
23. Plaintiff incorporates by reference all prior allegations as if being alleged in this action.
24. The Defendant holds the position of Sergeant of the Ridgeway County Sheriff’s Office, a
law enforcement position.
25. It is a clearly inherent duty of all Law Enforcement Officers to protect the life of a
detained individual, for by detaining said individual, they create a special relationship.
26. With this relationship comes a general responsibility to care for the well-being of the
individual. DeShaney v. Winnebago Cty. DSS, 489 U.S. 189, 199-200 (1989).
27. By allowing the Plaintiff to die in Defendant's custody, the Defendant has refrained from
performing a duty that is clearly inherent of his office.
THIRD CAUSE OF ACTION
(1 R. Stat. §3114 - Official Misconduct)
28. Plaintiff incorporates by reference all prior allegations as if being alleged in this action.
29. The Ridgeway State Constitution provides that “the people have a right to hold
themselves, their houses, papers, possessions, free from search or seizures.” See Article I,
Section VIII. The Fourth Amendment to the United States Constitution also provides the
same protection.
30. The Supreme Court has held that “[W]hen it comes to the Fourth Amendment, the home is
first among equals.” Florida v. Jardines, 569 U. S. 1, 6 (2013).
31. Absent exigent circumstances or consent, the police may not enter a private residence to
effect a search or seizure without a warrant. Steagald v. United States, 451 U.S. 204, 212
(1981)
32. This has been extended to protect individuals even when there is probable cause to suggest
that someone has committed a crime (which in a case such as this is specious). The rule is
that the police must first gain a warrant to intrude into a house. Payton v. New York, 445
U.S. 573, 587-590 (1980).
33. The Defendant lacked a warrant or consent to enter the Plaintiff’s apartment and thereby
violated his 4th Amendment and Section VIII rights to be free from unreasonable searches
and seizures.
34. Defendant, by entering into the Plaintiff's property unlawfully, and thereby violating his
fourth amendment rights, committed an act that was an unauthorized execution of his
office.
35. Defendant is trained on the Fourth Amendment as a result of both department mandated
training and Law Enforcement Training Center (LETC) training; therefore, the Defendant
knew or ought to know that the entrance to the Plaintiff's house.
36. five minutes, or a twelfth of an hour. The extended detainment of the Plaintiff required
probable cause.
37. There was, however, no probable cause to suggest that the Plaintiff committed any crime;
for it is entirely lawful to brandish a firearm while not being in the direct presence of
another person.
RELIEF REQUESTED
WHEREFORE, the Plaintiff requests the court grant the following relief in order to atone and
redress the injuries formerly alleged—
38. To declare that the Defendant is liable for the tort of Official Misconduct as alleged in the
first cause of action;
a. To award $3,000 dollars in statutorily allowed punitive damages for this first cause
of action;
39. To declare that the Defendant is liable for the tort of Official Misconduct as described in
the second cause of action;
a. To award $3,000 dollars in statutorily allowed punitive damages for this second
cause of action;
40. To declare that the Defendant is liable for the tort of Official Misconduct as alleged in the
third cause of action;
a. To award $3,000 dollars in statutorily allowed punitive damages for this second
cause of action;
41. All fees related to litigation incurred by the Plaintiff.
Respectfully submitted,
HolyRomanRyan
Attorney At Law
Counsel for Plaintiff
