Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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1 RSC-CV-3340 Document 2 07-27-2024 THE STATE OF RIDGEWAY RIDGEWAY SUPERIOR COURT JUSTTHEJUDGE1, Plaintiff, v. THEORIGINALSHERIFTOM, in his quasi-official capacity as a Patrol Officer in the Palmer Police Department, Defendant. Case No. RSC-CV-3340 CIVIL COMPLAINT Presiding Judge: Hon. Koala4life Plaintiff Justthejudge1 (“Plaintiff”), by and through undersigned counsel hereby brings this action against Defendant TheOriginalsheriftom (“Defendant”) in his individual and official capacity and to substantiate his claim alleges the following: STATEMENT OF FACTS 1. On the 26th of July, 2024, Plaintiff’s vehicle was parked on a road near the Ridgeway County Transit Authority’s (“RCTA”) Bus Depot in the township of Palmer. 2. As Plaintiff was entering the driver seat of his “Rodeo” truck, Defendant, in an unmarked Palmer Police Department-issued (“PPD”) vehicle, proceeded to ram into the back of the Plaintiff’s vehicle. 3. The resulting collision led to the Plaintiff’s vehicle to violently accelerate, causing the right side of the vehicle to make contact with a mound on the side of the pavement. 4. Defendant, unphased, drove onto the road and got out of his vehicle where his PPD uniform can be observed. 2 5. Defendant, as a law enforcement officer and a member of the emergency services, owed a duty of care to the Plaintiff, by ramming his vehicle into the Plaintiff’s, this duty of care was breached. 6. Defendant was responding to an active scene. 7. Defendant’s actions were unintentional. FIRST CAUSE OF ACTION Negligence - 1 R. Stat. § 3105 Against Defendant TheOriginalsheriftom is his quasi-official capacity 8. Plaintiff incorporates the allegations within all preceding paragraphs as if they were fully set wherein. 9. Whereas, negligence is defined by 1 R. Stat § 3105 as “Any individual who owes a duty of care to another individual, and that other individual suffers injury as a result of a breach of that duty to care is negligence and shall be liable for compensatory damages and punitive damages up to $2,500”. 10. Defendant “owe[d] a duty of care to [Plaintiff] and [the] [Plaintiff] suffer[ed] injury as a result of a breach of that duty to care” and thus, the Defendant’s actions constitute negligence. 11. Due to the nature of the allegations, where the Defendant was responding to an active scene and, therefore, due to his haste, unintentionally rammed his vehicle into the Plaintiff’s. Negligence is an unintentional act , had the1 Defendant’s actions been intentional, this suit would be for battery and official misconduct. 1 “An assault and battery is not negligence for such action is intentional, while negligence connotes an unintentional act.” City of Miami v. Sanders, 672 So. 2d 46, 47 (Fla. Dist. Ct. App. 1996). 3 12. Plaintiff is entitled to compensatory and punitive damages amounting to $2,500 dollars (two-thousand-five-hundred dollars). PRAYERS FOR RELIEF WHEREFORE the Plaintiff prays for the judgment against Defendant as follows– A. Plaintiff requests two-thousand-five-hundred dollars ($2,500) in punitive and compensatory damages. B. For such, or other, or different legal and equitable relief the Court may deem necessary. Respectfully submitted, CENTER FOR INDIVIDUAL RIGHTS /s/_________________________ Singhski, Esq. Ridgeway Bar No.25100 Counsel of Record President, Center for Individual Rights T: (505) 503-4455 E: [email protected] 4

_07-27-2024_Complaint_.pdf

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