15. Homeland Security Detective Gorman approached the car and attempted
to open the door where Ms. Childs was sitting. He did not identify
himself as a detective. He instructed Ms. Childs and Mr. Freeman
to get out of the car and stand by the trunk.
16. Homeland Security Detective Gorman asked for Ms. Childs’ identification,
which she gave to him. He then demanded the piece of paper on which
Ms. Childs had copied the license tag number. Homeland Security
Detective Gorman had not identified himself as a detective. Ms.
Childs refused to hand the note over to Gorman, because she had
no legal obligation to do so.
17. Mr. Freeman asked to see Homeland Security Detective Gorman’s
identification. Instead of identifying himself, Homeland Security
Detective Gorman asked Mr. Freeman for his identification. Mr.
Freeman told Homeland Security Detective Gorman his ID was in his
back pocket, but when he reached for it, Homeland Security Detective
Gorman and the uniformed officer grabbed both of his arms and slammed
him down on the trunk of the car. They handcuffed him and led him
to the curb. The stop, search, seizure, arrest, and force applied
were grossly excessive and without probable cause or reasonable
suspicion.
18. Homeland Security Detective Gorman walked over to Ms. Childs
and again demanded that she give him the paper. Ms. Childs refused
and was handcuffed. She asked not to be searched by male officer,
but was told that there were no female officers available. The
stop, search, seizure, arrest, and force applied were grossly excessive
and without probable cause or reasonable suspicion.
19. Ms. Childs and Mr. Freeman were arrested on charges of disorderly
conduct. When Ms. Childs was being booked, an officer confiscated
the piece of paper and told the booking officer that “this
is what she got arrested for.”
20. Upon Ms. Childs’ release, the piece of paper and her house
keys were not returned to her and they were not in the Dekalb County
Police Department’s property division.
21. As of the time of this Complaint, the criminal case against Ms.
Childs and Mr. Freeman has not been pursued and is “dead-docketed” By
not allowing the protestors to speak to customers or passers-by,
even if they were spoken to first, Defendants deprived Ms. Childs
and Mr. Freeman of their right to freedom of speech as protected
by the First and Fourteenth Amendments, as well as the Georgia Constitution
Article I, Section I, Paragraphs V and IX.
27. The Fourth Amendment prohibits the police from stopping an automobile
and detaining the driver unless they have a reasonable, articulable
suspicion that the driver is violating the law. By stopping and detaining
Ms. Childs and Mr. Freeman for no legal reason and then refusing
to tell them why they had been pulled over, Homeland Security Detective
Gorman and the Dekalb County Police Department deprived Ms. Childs
and Mr. Freeman of their right to be secure in their person and to
be free from unreasonable searches and seizures as protected by the
Fourth and Fourteenth Amendments of the United States Constitution,
as well as the Georgia Constitution Article I, Section 1, Paragraph
I, VII, and XIII.
28. Citizens have a First Amendment right to document police conduct
occurring on public property. Smith v. City of Cumming, 212 F.3d
1332 (11th Cir. 2000). Thus,
Ms. Childs and Mr. Freeman were within their rights to copy down
the tag number of Homeland Security Detective Gorman’s vehicle
while he was parked in the public
parking lot.
By seizing the paper upon which the
tag number had been lawfully copied down, Homeland Security Detective
Gorman and the Dekalb County Police Department deprived Ms. Childs
and Mr. Freeman of their right to be secure in their person and
to be free from unreasonable searches and seizures as protected
by the Fourth and Fourteenth Amendments of the United States Constitution,
as well as the Georgia Constitution Article I, Section 1, Paragraphs
I, VII, and XIII. In addition, the actions of Homeland Security
Detective Gorman and the Dekalb County Police Department deprived
Ms. Childs and Mr. Freeman of their right to freedom of speech
as protected by the First and Fourteenth Amendments, as well as
the Georgia Constitution Article I, Section I, Paragraphs V and
IX.
29. By unlawfully arresting Ms. Childs and Mr. Freeman in retaliation
for not giving up their notes about the surveillance and in using
excessive force during this arrest, Homeland Security Detective
Gorman and the Dekalb County Police Department deprived Ms. Childs
and Mr. Freeman of their right to be secure in their person and
to be free from unreasonable searches and seizures as protected
by the Fourth and Fourteenth Amendments of the United States
Constitution, as well as the Georgia Constitution Article I,
Section 1, Paragraphs I, VII, XIII and XVII.
30. By detaining Ms. Childs and Mr. Freeman without legal authority,
Homeland Security Detective Gorman and the Dekalb County Police
Department falsely imprisoned Ms. Childs and Mr. Freeman in violation
of O.C.G.A. § 16-5-41.
31. By unlawfully stopping and blocking in Ms. Brown’s car,
threatening Ms. Childs and Mr. Freeman with arrest if they refused
to comply, and actually arresting them, Homeland Security Detective
Gorman and the Dekalb County Police Department, with malice and
oppression, falsely imprisoned Ms. Childs and Mr. Freeman under
color of legal process in violation of O.C.G.A. § 16-5-42.
32. By intentionally and with excessive force throwing Mr. Freeman
onto the trunk of the car as he reached for his wallet, Homeland
Security Detective Gorman and the Dekalb County Police Department
committed battery against Mr. Freeman in violation of O.C.G.A. § 16-5-23.
33. By intentionally engaging in outrageous and unlawful conduct,
which caused severe emotional distress to Ms. Childs and Mr. Freeman,
Homeland Security Detective Gorman and the Dekalb County Police
Department are liable for the intentional infliction of emotional
distress to Ms. Childs and Mr. Freeman.
PRAYER FOR RELIEF
WHEREFORE, on the basis of the foregoing, Plaintiffs respectfully
pray that this Court: (A) Assume jurisdiction over this action;
(B) Award nominal and compensatory damages against each defendant
to Ms. Childs and Mr. Freeman in an amount subject to proof;
(C) Award punitive damages against each individual defendant to
Ms. Childs and Mr. Freeman according to federal and state law;
(D) Award reasonable attorneys fees, expenses, and costs of litigation
pursuant to 42 U.S.C. § 1988 and other applicable
laws;
(E) Award such other and further relief as this Court deems
just and proper.
A JURY TRIAL IS REQUESTED.
DATED: This the ___ day of September, 2005.
