Case Document 11 Filed 03/02/15 Page 1 of 11 PageID 101 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA - JACKSONVILLE DIVISION LARRY TOWNS, Jr., Plaintiff, CASE NO.: 3: V. RICK BESELER, in his of?cial capacity as Sheriff of Clay County, Florida; DEPUTY .A. DEPUTY M.J. Defendants. AMENDED COMPLAINT COMES NOW the Plaintiff Larry Towns by and through his undersigned attorney and ?les this Amended Complaint against Defendants RICK BESELER, in his official capacity as Sheriff of Clay County, Florida; DEPUTY .A. DEPUTY M.J. and sways: 1. This is an action for damages in excess of $15,000.00, eaclusive of attorneys fees and costs. PARTIES 2. Plaintiff Larry J. Towns, Jr., (?Towns?) is and was at all times material, a resident of Duval County, Florida. 3. Defendant Rick Beseler (?Beseler?) is the elected Sheriff of Clay County, Florida. 4. Defendant, Deputy .A. Tomlinson (?Tomlinson?) was at all times material a deputy Sheriff employed 'by the Sheriff of Clay County. 5. Defendant Deputy M.J. Pesek (?Pesek?) was at all times material a deputy Sheriff Page 1 of 11 Case Document 11 Filed 03/02/15 Page 2 of 11 PageID I102 employed by the Sheriff of Clay County. FACTS 6. On or about April 16, 20l l, Tomlinson arrested an unknown individual mistakenly identi?ed by Tomlinson as the Plaintiff Towns, Jr., at the Sears department store on Wells Road in Orange Park, Florida. 7. The indiizidual arrested by Tomlinson, was in fact not Mr. Towns, but athird party unknown to the Plaintiff. I 8. Tomlinson issued a notice to appear to the unknown person, who confessed to the crime of retail theft. 9. Photographs were taken of the merchandise alleged to have been stolen, but no . photograph was taken of the unknown individual, nor were other adequate steps taken to con?rm the individual?s identity. 10. There was a Video of the retail theft, that was at all times material in the possession of Beseler or his designee. 11. Tomlinson, did note in his report, the distinguishing marks of the individual arrested, including a lion tattoo on the individual?s right forearm. (Exhibit A). 12. - The unknown individual failed to appear in court as ordered. 13. Unknown Deputies acting on behalf of Beseler began contacting Towns and informing him that he had failed to appear for court as ordered. 14. Towns informed deputies acting on behalf of Beseler that his identification had been stolen and he was not the proper person law enforcement was seeking. 15. After learning that he was wanted on a shoplifting charge, Towns concluded that Page 2 of ll Case Document 11 Filed 03/02/15 Page 3 of 11 PageID 103 someone was using his identi?cation which had been lost or stolen on or about November 15about August 15, 2011, Towns ?led a report for fraudulent use of personal identi?cation information with the Jacksonville Sheriff 5 Office. (Exhibit B). 17. Despite repeated communications to Defendant Beseler or his designees that Towns was not the proper person, neither Deputies Tomlinson or Pesek, nor any other person on behalf of Beseler, made any attempt to confirm whether or not Towns was in fact the proper individual. 18. Information in the possession of Beseler that should have allowed Tomlinson, Pesek, and Beseler to know that Towns was not the proper person included: a. Towns does not have the tattoos described in the arrest report; b. Towns does not fit the description of the individual who appears on the video of the crime. 19. Defendants failed to conduct any investigation of Towns? allegations and instead continued to insist that Towns turn himself in to the Clay County Sheriff?s Of?ce. 20. On or about 9 September 2013, Towns appeared at the Clay County Sheriff?s Office to turn himself in as ordered. 21. Tomlinson inspected Towns right forearm for the tattoo described in the initial arrest report and warrant. 22. Tomlinson did not locate a tattoo matching the description contained in the warrant. 23. In spite of the fact that Mr. Towns did not ?t the image of the person on the video Page 3 of 11 Case Document 11 Filed 03/02/15 Page 4 of 11 PageID 104 of the crime, and did not have tattoos consistent with those described by Tomlinson in his initial report, Pesek arrested Towns. 24. Towns was booked and released to his mother. 25. For the next two months Towns was prosecuted for the offense of Petit Theft based on the allegations of Tomlinson and Pesek. 26. On 13 November 2013, the Of?ce of the State Attorney announced a Nelle I Prosequi. 27. The conduct of the Defendants, individually and collectively resulted in the deprivation of Towns?s liberty interests. I 28. Defendants? conduct resulted in a detention of Towns and in Towns having a criminal record. 29. Defendants? conduct further resulted in damage to Town?s reputation and emotional distress. COUNT I- VIOLATION OF SEC. 42 U.S.C. 1983 BY TOMLINSON 30. Plaintiff re-alleges the allegations set forth in Paragraphs 1-29 and further alleges: 31. Defendant Tomlinson violated Defendant?s civil rights under color of state law. 32. While acting in his capacity as deputy sheriff, Tomlinson charged Towns with a crime. 33. Tomlinson failed to take steps to properly identify the actual suspect. 34. Tomlinson allowed a criminal suspect to use false identi?cation claiming to be Towns. 35. As a result of Tomlinson?s failure to properly identify the suspect he had detained, Page 4 of 11 Case Document 11 Filed 03/02/15 Page 5 of 11 PageID 105 an arrest warrant was issued for Mr. Towns. 36. Deputy Tomlinson?s failure to properly identify and obtain incontrovertible evidence of the third person?s identity was a direct cause of the unlawful arrest of Mr. Towns, and the deprivation of Towns?s liberty interest and other damages. 37. As a result of Tomlinson?s intentional failure to properly investigate Mr. Towns allegations of fraudulent use of his identi?cation, Towns was arrested. 38. I Tomlinson?s conduct directly and proximately resulted in the arrest of Towns for a crime he did not commit 39. Tomlinson?s actions resulted in the deprivation of Plaintiff liberty interest by causing him to be arrested, in violation of his Fourth and Fourteenth Amendment rights. 40. Tomlinson?s actions resulted in Plaintiff having. a criminal record. 41. As a result of Toinlinson?s actions, Towns has been damaged by being deprived of his liberty, loss of reputation in the. community, and mental anguish. 42. Tomlinson acted willfully, knowingly and purposefully, or with deliberate indifference to deprive Towns of his constitutional rights. 43. Tomlinson knew or should have known that suspects might give false identi?cation to avoid punishment for violating the law. 44. Despite such knowledge, Tomlinson failed to obtain any objective identifying information such as a thumb print or other ?ngerprint that would conclusively identify the arrested suspect and exclude Mr. Towns. 45. I Tomlinson?s failure to take even the most reasonable measurers to properly identify his suspect are a direct contributing cause to the violation of Town?s liberty interests. Page 5 of 11 Case Document 11 Filed 03/02/15 Page 6 of 11 PageID 106 WHEREFORE, Plaintiff requests a judgment against Tomlinson, awarding damages for deprivation of Town?s rights, loss of reputation-and mental anguish, attorneys fees and costs and all other relief deemed just and equitable by the Court. COUNT II- VIOLATION OF SEC. 42 U.S.C. 1983 BY PESEK 46. Plaintiff re-alleges the allegations set forth in Paragraphs 1-29 and further alleges: 47. Defendant Pesek violated Defendant?s civil rights under color of state law. 48. While acting in his capacity as deputy sheriff, Pesek arrested Towns for a crime despite the fact that Towns did not match the description in the initial arrest report or the warrant on which Towns was arrested. 49. The failure of the identifying information was not something as error prone as a check box for gender or race, but a speci?cally identifying tattoo. 50. Pesek failed to take steps to properly identify Towns as the person sought. 51. While the warrant on which Pesek acted was facially valid, the warrant on its face made clear that Towns was not the person described in the warrant, speci?cally, Towns did not posses the identifying tattoo contained in the arrest warrant. 52. Despite speci?cally searChing for and not ?nding a tattoo matching the description of the initial arrest report or the warrant, Pesek, proceeded to arrest Towns. 53. As a result of Pesek?s intentional failure to properly identify the information regarding the suspect being sought, Towns wasarrested. 54. Pesek?s conduct directly and proximately resulted in the-arrest of Towns for a I crime he did not commit 55. Pesek?s actions resulted in the deprivation of Plaintiff?s liberty interest by causing Page 6 of 11 Case Document 11 Filed 03/02/15 Page 7 of 11 PageID 107 him to be arrested, in violation of his Fourth and Fourteenth Amendment rights. 56. Pesek?s actions resulted in Plaintiff having a-criminal record. 57. Pesek acted willfully, knewingly and purposefully, or with deliberate indifference to deprive Towns of his constitutional rights. 58. Pesek knew or should have known that a criminal was likely to impersonate a third party to avoid liability for his crimes. 5 9. Pesek had actual knowledge that Towns did not have a very speci?c identifying characteristic, a lion tattoo on his right forearm, and claimed to be the wrong individual. 60. Pesesk had the ability to con?rm Towns?s report of a stolen identi?cation. 61. Pesek had other reasonable alternative?s including detaining Towns for additional investigation and accessing the video of the initial crime. 62. Pesek failed to take any reasonable steps to verify that Towns was the individual identi?ed in the warrant, despite the statements of T0wns, and the objective differences between the warrant and Towns?s appearance, and despite Towns?s presence at the sheriff?s of?ce where the video of the offender was located. 63. Furthermore, the arrest occurred at 9:45 am. on a Monday morning so that even if the video of the offense was in the possession of the state attorney?s of?ce, it was merely next door, where the state attorney?s of?ce was open and available for veri?cation of the warrant and identifying information. I 64. As a result of Pesek?s actions, Towns has been damaged by being deprived of his liberty, loss of reputation in the community, and mental anguish. WHEREFORE, Plaintiff requests a judgment against Pesek, awarding damages for Page 7 of 11 Case I Document 11' Filed 03/02/15 Page 8 of 11 PageID 108 deprivation of Town?s rights, loss of reputation and mental anguish, attorneys fees and costs and all other relief deemed just and equitable by the Court. COUNT VIOLATION OF SEC. 42 U.S.C. 1983 BY BESESLER IN HIS OFFICIAL CAPACITY 65. Plaintiff re-alleges the allegations set forth in Paragraphs 1-29 and further alleges: 66. Beseler allowed a culture of incompetence and disregard of the ?indamental rights of citizens to exist within the Clay County Sheriff 5 Of?ce. 67. Between August 2013 and May 2014 no less than three individuals including Towns, have been wrongfully arrested or detained by Beseler or his designees, based on inadequate or incompetent investigations which failed to properly identify the suspect. One person was even arrested twice. 68. In August 2013, prior to the arrest of Towns, Defendant Beseler?s agents wrongfully arrested Cody Lee Williams on charges of having sex with a person under the age of 12, when the person sought was a different individual with a similar name. 69. In. May 2014 Defendant Beseler?s agents wrongfully arrested Nicole Chiasson when the person sought was a different individual with a similar name, and in fact wrongfully arrested Ms. Chiasson twice. 70. Following these wrongful arrests the Clay County Sheriff 5 Of?ce released a statement that: The Clay County Sheriff?s Of?ce has discovered that a person was arrested by members of our agency and wrongfully accused on two occasions of crimes she did not commit. Ms. Ashley Nicole Chiasson of Louisiana shares the first and last name and general physical characteristics of another woman. The other Woman (not yet arrested) is the actual perpetrator andthe investigation into her Page 8 of 11 Document 11 Filed 03/02/15 Page 9 of 11 PageID 109 involvement into these ?nancial type crimes is ongoing. As the result of the discovery of these errors all charges against Chiasson were dropped on June 6, 2014 by the State Attorney?s Of?ce in Clay County and she was released. 71. Following these wrongful arrests Defendant Beseler released a statement that: In these cases it appears that short-cuts were taken by the detectives during the suspect identi?cation process and a thorough investigation into the identity of the suspect was not completed before the warrants were obtained. The result was the wrong person was accused of crimes she didn?t commit. I extend to Ashley Nicole Chiasson my sincere apology for this error. We will seek to make things right for her. An internal investigation began immediately and a full review of how proper investigative procedures were not followed is underway. Those responsible will be held accountable. New measures, safeguards and revised policies will be adopted that will prevent this from occurring again in the future. 72. Defendant Beseler has admitted through his own statement. that: a. ?short-cuts were taken by the detectives during the suspect identi?cation process? b. new measures, safeguards and revised policies will be adopted that will prevent this from occurring again in the future.? 73. Beseler failed to properly supervise his deputies to insure compliance with basic investigative standards; 74. Beseler failed to train deputies in basic investigative skills necessary to protect the rights of citizens. 75. As a direct and proximate result of Beseler?s reckless misconduct and failure, Towns was arrested. 76. Beseler?s reckless failure to properly train and supervise deputies, caused deputies to fail to properly identify the suspect at the time of the crime. 77. Beseler recklessly used his deputies to interfere with Plaintiff liberty interest. Page 9 of 11 Case - Document 11 Filed 03/02/15 Page 10 of 11 PageID 110 78. Beelser has trained or allowed deputies to implement a policy of arrest now ask questions later, in blatant disregard of constitutional requirements that a person only be arrested on probable cause. 79. After learning of the mis-identi?cation claim by Towns, the most basic - investigation would have revealed that Mr. Towns was not the person arrested by Tomlinson. 80. Beseler and his designees failed to do any investigation of Towns? claims but proceeded with Towns? arrest. I 81. BeSeler acted willfully, knowingly and purposefully, or with deliberate indifference to deprive Towns of his constitutional rights by failing to require and institute adequate safeguards within the Clay County Sheriffs Of?ce. 82. Beelser?s actions resulted in a deprivation and violation of Towns? Fourth and Fourteenth Amendment rights. 83. As a result of Beseler?s actions, Towns has been damaged by being deprived of his liberty, loss of reputation in the community, and mental anguish. WHEREFORE, Plaintiff requests a judgment against Beseler, in his of?cial capacity, awarding damages for deprivation of Town?s rights, loss of reputation and mental anguish, attorneys fees and costs and all other relief deemed just and equitable by the Court. DEMAND FOR-JURY TRIAL Plaintiff demands trial by jury. CERTIFICATE OF SERVICE Page 10 of 11 Case Document 11 Filed 03/02/15 Page 11 of 11 PageID 111 I HEREBY CERTIFY that a copy of the foregoing was-served this 2rlcl day of March 2015 by eService to the following: Carl Peterson, Jr., Esq. PO Box 37400 Tallahassee, FL 32315 srp@jollylaw.com FLETCHER PHILLIPS ls/Eric Fridav Eric Friday, Esquire 541 East Monroe St, Suite 1 Jacksonville, Florida 32202 (904) 353-7733, Fax 353-8255 Florida Bar No. 797901 Page 11 of 11 Case Document 11-1 Filed 03/02/15 Page 1 of 4 PageID 137 Exhibit .- 313:? Fwy?. I ?EGEWm-Q?u?led wows Pageu?toMa?Pegenglfia . . - . INCIDENT REPORT om am LOOATIOR omnaesr. manor? umqon?onmp ENG mg: UFMP . - Dam - - 13 spam. msmucrms . I 3? 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