RIDGEWAY SUPERIOR COURT
CARDINALMONTERRUH,
Plaintiff,
v.
RIDGEWAY COUNTY SHERIFF’S
OFFICE;
MISTYPRO2, in their quasi-official
capacity as a Lieutenant of the
Ridgeway County Sheriff’s Office;
D_REAMILY, in their quasi-official
capacity as a Corporal of the Ridgeway
County Sheriff’s Office,
Defendant.
Case No. RSC-CV-1054
CIVIL COMPLAINT
Presiding Judge: The Hon. koalamedvedeva
CIVIL COMPLAINT
COMES NOW, Plaintiff CardinalMonterruh, by and through their undersigned counsel, files this
action against aforementioned Defendants and thereby alleges:
PARTIES
1. CardinalMonterruh, is a Resident of the State of Ridgeway and former Ridgeway County
Deputy Sheriff.
2. Ridgeway County Sheriff’s Office, is an official subsidiary of the State of Ridgeway.
3. mistypro2, is a Resident of the State of Ridgeway and a Lieutenant in the Ridgeway
County Sheriff’s Office: Internal Affairs Unit
4. d_reamily, is a Resident of the State of Ridgeway and a Corporal in the Ridgeway County
Sheriff’s Office: Internal Affairs Unit
JURISDICTION AND VENUE
5. Article V, Section IV of the Ridgeway State Constitution empowers this Court to hear
“all civil or criminal cases or controversies.”
6. The venue is adequate as the incident took place within Ridgeway County.
FACTS
1. On May 27th 2023, the Ridgeway County Sheriff’s Office received a complaint against
the Plaintiff, former Deputy First Class CardinalMonterruh. This complaint alleges that
the Plaintiff violated uniform standards, in game standards and legal responsibility.
2. The Internal Affairs Unit opened an investigation into the allegations. The Investigation
report states that the Investigation led them to “reviewing evidence and taking interviews
from each party”, however to the contrary, Lieutenant mistypro2 confirms that no such
interviews took place, and Corporal d_reamily fails to respond to any questions.
3. The Public Safety Act mandates that an Internal Affairs Unit interviews all Lay
Witnesses, along with the complainant and the accused. It also mandates that all
statements made against the accused be provided to the accused in order to form a
defense.
4. The Internal Affairs Unit not only failed to interview the complainant - as confirmed by
the Lieutenant. The Internal Affairs Unit also failed to provide any statements made to the
accused.
5. After finalizing their investigation - which violated Statutory Law and the United States
and Ridgeway Constitution. The Internal Affairs Unit concluded that the best course of
action is an Involuntary General Discharge. The Administrative Procedures Act requires
that to conduct an Involuntary General Discharge, that an Investigation must conclude
that the investigation found wrongdoing, and that wrongdoing was in the form of
Negligence or recklessness. Neither of these prongs can be satisfied due to the
Investigation being faulted in multiple places.
FIRST CAUSE OF ACTION
(Deprivation of Rights - 1 R. Stat. § 3115)
As to all Defendants
1. All allegations in this complaint are re-alleged and incorporated as reference in this cause
of action.
2. The Fourteenth and Fifth Amendments of the United States Constitution guarantees
protections under the due process clause.
3. The Fifth Amendment to the United States Constitution reads “No person shall… be
deprived of life, liberty, or property, without due process of law.”
4. The Fourteenth Amendment to the United States Constitution reads “nor shall any State
deprive any person of life, liberty, or property, without due process of law.”
5. The Public Safety Act reads “The complainant shall also be interviewed for clarification
and a narrative of events”. The Act also reads “All statements, including the statements of
the complainant notwithstanding anonymity shall be provided to the accused…”
6. When the Ridgeway County Sheriff’s Office opened an Investigation upon the complaint
of an outside actor, the Ridgeway County Sheriff’s Office failed to interview the
Complainant. This is confirmed by Lieutenant Mistypro2 of the Internal Affairs Unit.
This violates the Public Safety Act.
7. When the Ridgeway County Sheriff’s Office opened an Investigation upon the complaint
of an outside actor, the Ridgeway County Sheriff’s Office failed to provide all statements
to the accused. The Investigator - Corporal d_reamily - fails to provide any statements
that were made by the Complainant in violation of the Public Safety Act.
8. The decision of Internal Affairs to terminate my client without following due process of
law directly violates the due process clauses of the Fifth & Fourteenth Amendments of
the United States Constitution.
SECOND CAUSE OF ACTION
(Official Misconduct - 1 R. Stat. § 3114)
As to Defendant mistypro2
1. All allegations in this complaint are re-alleged and incorporated as reference in this cause
of action.
2. Defendant mistypro2 is the Lieutenant of the Ridgeway County Sheriff’s Office: Internal
Affairs Unit. As Lieutenant mistypro2 serves as the Chief Investigator of the Internal
Affairs Unit.
3. A Lieutenant in the Ridgeway County Sheriff’s Office is responsible for “ensuring the
overall standards and activity of the division” (RCSO Department Handbook § 1.2A)
4. Lieutenant mistypro2 fails to perform their duty as required by the RCSO Department
Handbook, and a duty that is clearly inherent in their office.
5. Lieutenant mistypro2 fails to perform a review of the investigation, ensuring that their
investigators have followed procedure, policy and statutory law before determining the
punishment for the plaintiff.
6. As such, Lieutenant mistypro2 has committed Official Misconduct as per 1 R. Stat. §
3114, which states “Any person who is a public servant and…refrains from performing a
duty which is…clearly inherent in the nature of his office”.
THIRD CAUSE OF ACTION
(Official Misconduct - 1 R. Stat. § 3114)
As to Defendant mistypro2
1. All allegations in this complaint are re-alleged and incorporated as reference in this cause
of action.
2. Defendant mistypro2 is held to account by the Misconduct Investigators Oath and the
Code of Conduct for Misconduct Investigators.
3. Defendant mistypro2 violates the Misconduct Investigators Oath through the bringing of
personal feelings into a decision made that caused concrete harm to the Plaintiff.
4. Lieutenant mistypro2 commits an act that is an unauthorized exercise of their official
functions, this being that the Lieutenant knowingly provides a severe punishment for the
Plaintiff - who she has a passion for getting terminated - whilst letting another deputy
who committed the same acts off with a verbal warning.
5. As such, Lieutenant mistypro2 has committed Official Misconduct as per 1 R. Stat. §
3114, which states “Any person who is a public servant and commits an act relating to his
office but constitutes an unauthorized exercise of his officials functions, knowing that
such was unauthorized”
FOURTH CAUSE OF ACTION
(Official Misconduct - 1 R. Stat. § 3114)
As to Defendant d_reamily
1. All allegations in this complaint are re-alleged and incorporated as reference in this cause
of action.
2. Defendant d_reamily is a Corporal of the Ridgeway County Sheriff’s Office: Internal
Affairs Unit. The Defendant is a Senior Misconduct Investigator.
3. All Misconduct Investigators - across the state - are required to follow the Public Safety
Act and the procedure set out for investigating complaints. One of these procedures being
that the complainant must be interviewed, and that all statements must be provided to the
accused to help form a suitable defense.
4. Defendant d_reamily fails to provide the plaintiff with the statements made by the
Complainant, and also fails to interview the complainant as required by statutory law.
5. D_reamily refrains from performing a duty which is imposed upon him by law, as he
does not conduct a full investigation including the interviewing of the complainant.
Corporal d_reamily also fails to provide all statements made by the complainant and
witnesses as required by law.
6. As such, Corporal d_reamily has committed Official Misconduct as per 1 R. Stat. § 3114,
which states “Any person who is a public servant and…refrains from performing a duty
which is imposed upon him by law”.
REMEDY
WHEREFORE, Plaintiff requests that the court grant relief as follows:
A. For declaratory judgment that the actions of Defendants described herein this Complaint
violated Plaintiff’s rights under the Fifth & Fourteenth Amendment of the United States
Constitution;
B. Declare that the Defendants are liable for Official Misconduct and Deprivation of Rights;
C. For Injunctive Relief prohibiting Defendant mistypro2 from engaging in Misconduct
Investigations pertaining to the Plaintiff;
D. An order that vacates the Judgment in RCSO IA case IA-3452-0527, and that the Plaintiff
be reinstated to his position in the Ridgeway County Sheriff’s Office, with a clear
disciplinary record;
E. $1,000 in punitive damages to be awarded to the Plaintiff by Defendant Mistypro2;
F. $1,000 in punitive damages to be awarded to the Plaintiff by Defendant d_reamily;
G. Such other and further relief as the Court deems appropriate.
Dated: June 27th, 2023 Respectfully submitted.
MatthewSandringham
Attorney at Law
D: acarlyle
Counsel of Record
