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STATE OF RIDGEWAY
COUNTY OF RIDGEWAY
IN THE SUPERIOR COURT OF THE
STATE OF RIDGEWAY
THENOIRAVIATOR,
Plaintiff(s),
v.
THENAMESCOOL08,
Defendant(s).
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Case Number: RSC-CV-3145
Presiding: Hon. Arthur_Chen
Mag. notsfeelings
CIVIL COMPLAINT
CIVIL COMPLAINT
PLAINTIFF, TheNoirAviator (“Plaintiff”), by and through the undersigned
counsel, in his complaint against TheNamesCool08 (“Defendant”), seeking all available
relief, alleges the following:
INTRODUCTION
1. On or about June 26, 2024, Plaintiff TheNoirAviator was in the back
parking lot of the Ridgeway State Police Sub-Station in Alder, Ridgeway. Defendant
TheNamesCool08, seemingly coming out of nowhere, immediately discharged his
department-issued taser at Plaintiff TheNoirAviator, stunning and incapacitating him.
Defendant TheNamesCool08 then detained Plaintiff TheNoirAviator, escorted him inside
of the building, and arrested him for trespassing.
2. Plaintiff TheNoirAviator was unarmed, fully cooperative at all times,
arrested on a minor charge for a non-violent offense, and ultimately posed no threat or
flight risk whatsoever. Defendant TheNamesCool08 could have pleaded with Plaintiff
TheNoirAviator for him to leave, issued him a citation, or, at most, calmly detained him.
Nonetheless, and for no justifiable reason, Defendant TheNamesCool08 intentionally
tased him. Of course, the force of the taser left Plaintiff TheNoirAviator in debilitating
pain and unable to walk.
3. This conduct is profound, so much so that it undoubtedly violates the
constitutional rights of Plaintiff TheNoirAviator. Yet, Defendant TheNamesCool08 only
had to effectuate a routine arrest, something taught in the lowest rung of policing—in the
Law Enforcement Training Center. Facts make force reasonable—but the facts are
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unbelievably clear here, Plaintiff TheNoirAviator did not resist arrest. And if Defendant
TheNamesCool08 cannot resist using excessive force against a compliant individual
when circumstances are safe and easy, the situation is certain to turn tragic when the call
is more difficult. There was certainly no “tense, uncertain, and rapidly evolving” situation
in which Defendant TheNamesCool08 had to make a “split-second judgment” about the
“amount of force that” was “necessary.” Graham v. Connor, 490 U.S. 386, 396-97
(1989).
4. Today, we seek remedy—injunctive, monetary, and declaratory relief in
order to redress the violations of the law committed by Defendant TheNamesCool08.
JURISDICTION & VENUE
5. The court has jurisdiction to hear “all civil and criminal cases or
controversies.” Ridgeway State Constitution Article V, Section IV.
6. Venue is proper as the tortious actions alleged herein took place in
Ridgeway County, Ridgeway.
PARTIES
7. TheNoirAviator (“Plaintiff”) is a resident of Ridgeway County. He is also a
citizen of the State of Ridgeway—his place of business and personal home address is
unknown; but it is understood that he resides within the applicable jurisdiction as
hereinafter referenced and applied in this case.
8. TheNamesCool08 (“Defendant”) is a resident of Ridgeway County. He is
also a citizen of the State of Ridgeway—his personal home address is unknown; but it is
understood that he resides within the applicable jurisdiction as hereinafter referenced and
applied in this case. He is a Corporal in the Ridgeway State Police. He is being sued in
his individual capacity.
FACTS
9. On or about June 26, 2024, Plaintiff TheNoirAviator was in the back
parking lot, near the garage doors, at the Ridgeway State Police Sub-Station in Alder,
Ridgeway.
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10. While standing near the garage doors at the lot, Defendant
TheNamesCool08 approached Plaintiff TheNoirAviator, seemingly out of nowhere, and
immediately discharged his department-issued taser at him, consequently stunning him.
11. Afterwards, Defendant TheNamesCool08 immediately detained him.
12. Plaintiff TheNoirAviator did not turn violent, flee, or otherwise resist arrest.
He barely had any time to react when Defendant TheNamesCool08 appeared and
subsequently tased him.
13. After tasing and detaining Plaintiff TheNoirAviator, Defendant
TheNamesCool08 escorted him into the building and headed towards the booking room.
14. Once in the booking room, and before Defendant TheNamesCool08
arrested Plaintiff TheNoirAviator for trespassing, Defendant TheNamesCool08 said “ur
trespassing.” This was the first time Plaintiff TheNoirAviator ever heard from Defendant
TheNamesCool08—prior to arresting him, Defendant TheNamesCool08 issued no
command or, at the bare minimum, even spoke to Plaintiff TheNoirAviator.
15. Defendant TheNamesCool08 arrested Plaintiff TheNoirAviator for
trespassing.1 The reason, commonly referred to as the “location, offense, and venue” of
the arrest, was as follows: “Out of City Limits; Suspect was seen within a fenced area of
a restricted area; actively trying to gain access to the building; RSP Sub-Station.”
FIRST CAUSE OF ACTION
DEPRIVATION OF RIGHTS - 1 R. STAT. § 3115
16. All prior paragraphs within this complaint are incorporated as if they were
fully set forth herein.
17. The Fourth Amendment protects “[t]he right of the people to be secure in
their persons…against unreasonable searches and seizures.” U.S. Const. amend. IV.
18. Defendant TheNamesCool08 was on-duty as a Corporal in the Ridgeway
State Police throughout the events complained herein. He was completing his official
duties, wearing a department-issued uniform, and using department-issued
equipment—he was ultimately acting under the color of the law when seizing, detaining,
and later arresting, Plaintiff TheNoirAviator.
1 Ridgeway Criminal Code § 4.05
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19. Defendant TheNamesCool08, with no apparent basis or good cause,
approached Plaintiff TheNoirAviator and immediately shot him with his taser, with the
sole intent to incapacitate him.
20. Defendant TheNamesCool08, by tasing Plaintiff TheNoirAviatior, was
effectuating a seizure under the meaning of the Fourth Amendment, because he had
restrained Plaintiff TheNoirAviator’s freedom to walk away.
21. During the course of the events complained herein, Defendant
TheNamesCool08 issued no command to Plaintiff TheNoirAviator whatsoever. Plaintiff
TheNoirAviator was entirely compliant—he posed no threat of injury or other
resistance—he did not need to be tased. Plaintiff TheNoirAviator was further handcuffed
without any resistance.
22. The act of tasing Plaintiff TheNoirAviator was excessive and unreasonable,
because Defendant TheNamesCool08 had no probable cause to believe that Plaintiff
TheNoirAviator genuinely posed any threat of injury, non-compliance, or other
resistance.
23. A reasonably prudent law enforcement officer would have or should have
known that tasing Plaintiff TheNoirAviator when he was being compliant violated his
clearly established Fourth Amendment right. Defendant TheNamesCool08 should’ve
known that he may not use force that is excessive.
SECOND CAUSE OF ACTION
BATTERY - 1 R. STAT. § 3102
24. All prior paragraphs within this complaint are incorporated as if they were
fully set forth herein.
25. Defendant TheNamesCool08, by stunning Plaintiff TheNoirAviator with his
department-issued taser, a device which expels electrical contacts, brought harmful
contact against Plaintiff TheNoirAviator.
26. This contact was not consensual—the decision to tase Plaintiff
TheNoirAviator was without provocation—he was entirely compliant. Ultimately, there
existed no consent between the two individuals.
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27. Overall, for the reasons complained herein, Defendant TheNamesCool08
did not have legal justification to tase Plaintiff TheNoirAviator.
RELIEF
WHEREFORE, Plaintiff requests the court to grant relief to remedy the injury as
follows:
a. Declaratory relief declaring that Defendant unlawfully deprived Plaintiff of his
constitutional rights; and
b. Injunctive relief restraining Defendant from engaging in the conduct complaint of
herein; and
c. Monetary relief amounting to $2,500.00 in punitive damages, which is to be paid
to Plaintiff by Defendant; and
d. Awarding Plaintiff the fees, costs, and expenses incurred in prosecuting this action,
including applicable attorney and filing fees; and
e. Granting Plaintiff such other further relief as the court finds just and proper.
July 2, 2024 Respectfully submitted,
Nicklaus_s
Counsel of Record
Derogatoryyy & Associates, LLP.
Partner
R. Bar. No. 23102
[email protected]
actxrz
Derogatoryyy & Associates, LLP.
Associate
R. Bar. No. 28111
Attorneys for Plaintiff
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Document record
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Uploaded
Jun 30, 2024 12:00 PM
Filed
Jun 30, 2024 12:00 PM
Filing code
COMPLAINT
Uploaded by
thenoiraviator
Notes
RSC-CV-3135 - Civil Complaint.pdf — archived from the Trello docket (https://trello.com/c/U1XV5ik3)
