Case 1:20-cv-01102-JTN-SJB ECF No. 1, PageID.

1 Filed 11/16/20 Page 1 of 12

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

JOSEPH JOHNSON,
• A PROFESSIONAL CORPORATION

Plaintiff, Case No.: 20-

Hon.
v

DEPUTY CLAIR SOOTSMAN,

DEPUTY CHANTEL EINHARDT, and
DEPUTY TALIAH HARRIS,

Defendants.

GEOFFREY N. FIEGER (P30441)

JAMES J. HARRINGTON, IV (P65351)
RAQUEL A. MUÑOZ (P77420)
Fieger, Fieger, Kenney & Harrington, P.C.
Attorneys for Plaintiff
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

19390 West Ten Mile Rd.,

Southfield, MI 48075
P: (248) 355-5555
F: (248) 355-5148
[email protected]

COMPLAINT AND DEMAND FOR JURY TRIAL

There is no other civil action between these parties arising out of the same transaction or
occurrence as alleged in this complaint pending in this court, nor has any such action
been previously filed and dismissed or transferred after having been assigned to a judge,
nor do I know of any other civil action not between these parties arising out of the same
transaction or occurrence as alleged in this complaint that is either pending, or was
previously filed and dismissed, transferred, or otherwise disposed of after having been
assigned to a judge in this court.

NOW COMES, Plaintiff, JOSEPH JOHNSON, by and through his attorneys, FIEGER,

FIEGER, KENNEY & HARRINGTON, P.C., and for his Complaint and Jury Demand against the

above named Defendants, Plaintiff hereby states as follows:

JURISDICTION

1. This action arises under the United States Constitution, particularly under the

provisions of the Fourth and Fourteenth Amendments to the United States Constitution and under

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the laws of the United States, particularly under the Civil Rights Act, 42 U.S.C. §§ 1983 and 1988,

and under the statutes and common law of the State of Michigan.
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

2. This court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343 (a)(3), 1343(a)(4)
• A PROFESSIONAL CORPORATION

and 42 U.S.C § 1983. This court has supplemental jurisdiction of the Michigan law state claims

which arise out of the nucleus of operative facts common to Plaintiff s federal claims pursuant to

28 U.S.C. §1367.

3. The amount in controversy exceeds seventy-five thousand dollars, excluding

interests, costs, and attorney fees.

VENUE

4. Venue lies in the Western District of Michigan pursuant to 28 U.S.C § 1391(d), the

events took place in the City of Kalamazoo, County of Kalamazoo, State of Michigan, which is
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

located within the jurisdiction of the United States District Court for the Western District of

Michigan, Southern Division.

PARTIES

5. At all times relevant to this lawsuit, Plaintiff, JOSEPH JOHNSON, (hereinafter

“Plaintiff JOHNSON”) was an inmate of Kalamazoo County Jail, in the City of Kalamazoo,

County of Kalamazoo, State of Michigan.

6. At all times relevant hereto, DEPUTY CLAIR SOOTSMAN, (hereinafter

“SOOTSMAN”) was a citizen of the State of Michigan and was acting under the color of state law

within the course and scope of his employment as a deputy for the County of Kalamazoo Jail.

7. At all times relevant hereto, DEPUTY CHANTEL EINHARDT, (hereinafter

“EINHARDT”) was a citizen of the State of Michigan and was acting under the color of state law

within the course and scope of his employment as a deputy for the County of Kalamazoo Jail.

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8. At all times relevant hereto, DEPUTY TALIAH HARRIS, (hereinafter “HARRIS”)

was a citizen of the State of Michigan and was acting under the color of state law within the course
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

and scope of his employment as a deputy for the County of Kalamazoo Jail.
• A PROFESSIONAL CORPORATION

FACTUAL STATEMENT

9. Plaintiff hereby reincorporates and reasserts each and every allegation set forth in

the previous paragraphs of this Complaint.

10. On or about February 14, 2020, at approximately 3:25 p.m., Plaintiff, JOHNSON,

was in the intake holding area of the Kalamazoo County Jail, in Kalamazoo, Michigan, waiting to

be transferred to general population housing.

11. At all times relevant hereto, Plaintiff, JOHNSON, grabbed his sheets and blanket

from intake and proceeded to walk out of intake and towards the general population.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

12. At all times relevant hereto, Defendants EINHARDT and HARRIS, were escorting

Plaintiff, JOHNSON, towards general population.

13. At all times relevant hereto, Plaintiff, JOHNSON, was walking on the right side of

the hallway ahead of Defendants, EINHARDT and HARRIS.

14. Upon information and belief, Defendant, EINHARDT instructed Plaintiff,

JOHNSON, to slow down and wait for Defendants, EINHARDT and HARRIS.

15. At all times relevant hereto, Defendant SOOTSMAN was escorting two inmates

and walking on the left side of the hallway in the same direction as Plaintiff, JOHNSON, and

Defendants EINHARDT and HARRIS.

16. At all times relevant hereto, as Plaintiff, JOHNSON, walked past the other inmates

Defendant, SOOTSMAN, stopped Plaintiff, JOHNSON, and asked him why he didn’t slow down

when asked by Defendant, EINHARDT.

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17. At all times relevant hereto, Defendant, SOOTSMAN, started yelling at Plaintiff,

JOHNSON, telling Plaintiff to “look him in the eye when he’s talking to him.”
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

18. At all times relevant hereto, Plaintiff, JOHNSON, calmly replied in a normal voice,
• A PROFESSIONAL CORPORATION

“I am.”

19. At all times relevant hereto, Defendant, SOOTSMAN, immediately grabbed

Plaintiff, JOHNSON, by the throat and slammed Plaintiff against the wall.

20. At all times relevant hereto, Defendant, EINHARDT, grabbed Plaintiff,

JOHNSON’s, arm and pulled Plaintiff to the ground as Defendant, SOOTSMAN, placed a lateral

neck restraint hold around Plaintiff’s neck.

21. At all times relevant hereto, Plaintiff, JOSEPH JOHNSON, was unarmed and was

not a threat to Defendants.

FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

22. At all times relevant hereto, Plaintiff, JOHNSON, was not resisting Defendants as

they put handcuffs on him.

23. At all times relevant hereto, Defendants, HARRIS, stood by and observed the

unconstitutional use of excessive force upon Plaintiff, JOSEPH JOHNSON, by Defendant,

SOOTSMAN and EINHARDT, and unlawfully failed to intervene to protect Plaintiff.

24. Under all the circumstances known to Defendants, SOOTSMAN, EIHNARDT, and

HARRIS, the physical force used against Plaintiff, JOHNSON, was objectively unreasonable and

clearly excessive.

25. Defendants, SOOTSMAN, EIHNARDT, and HARRIS, violated Plaintiff's clearly

established right to be free from unreasonable and excessive use of force as guaranteed by the

Eighth Amendment and the Fourteenth Amendment of the United States Constitution.

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26. The conduct of the Defendants, SOOTSMAN, EIHNARDT, and HARRIS, was and

remains extreme and outrageous subjecting them to punitive damages.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

27. The misconduct of Defendants, SOOTSMAN, EIHNARDT, and HARRIS, directly

• A PROFESSIONAL CORPORATION

and proximately caused Plaintiff, JOSEPH JOHNSON’s, injuries as set forth herein.

COUNT I - 42 U.S.C § 1983-EXCESSIVE FORCE

DEFENDANT, OFFICER CLAIR SOOTSMAN

28. Plaintiff hereby reincorporates and reasserts each and every allegation set forth in

the previous paragraphs of this Complaint.

29. At all times relevant hereto, Defendant, SOOTSMAN, was acting under the color

of state law and in his capacity as a guard at the Kalamazoo County Jail and his acts and/or

omissions were conducted within the scope of his official duties and employment.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

30. The acts taken by Defendant, SOOTSMAN, were not undertaken in good faith and

were not discretionary but were undertaken with malice.

31. Plaintiff, JOHNSON, had the clearly established right under the Eighth and

Fourteenth Amendment to be free from excessive force by law enforcement.

32. Under all the circumstances known to Defendant, SOOTSMAN, the physical force

used against Plaintiff, JOHNSON, was objectively unreasonable and clearly excessive.

33. Defendant, SOOTSMAN, violated Plaintiff's clearly established right to be free

from unreasonable and excessive use of force as guaranteed by the Eighth Amendment and the

Fourteenth Amendment of the United States Constitution.

34. At all times relevant hereto, Plaintiff, JOHNSON, was unarmed and did not pose a

threat to the safety of Defendant or others.

35. At all times relevant hereto, Plaintiff, JOHNSON, was not resisting arrest.

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36. The misconduct of Defendant, OFFICER SOOTSMAN, directly and proximately

caused Plaintiff, JOSEPH JOHNSON, to suffer numerous injuries including, but not limited to:
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

a. Neck strain;
• A PROFESSIONAL CORPORATION

b. Right wrist sprain;

c. Pain and suffering;
d. Anxiety;
e. Mental anguish;
f. Emotional distress;
g. Fright and shock;
h. Humiliation and/or mortification;
i. Punitive damages;
j. Exemplary damages;
k. Attorneys fees and costs pursuant to 42 U.S.C. §1988;
l. Other damages, injuries, and consequences that are found to be related
to the incident that develops during the course of discovery; and
m. Any other damages allowed by law;

37. The acts and/or omissions of Defendant, SOOTSMAN, were willful, wanton,
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

reckless, malicious, oppressive, and/or done with a conscious or reckless disregard for the

constitutional rights of Plaintiff, JOHNSON. Plaintiff therefore requests an award of punitive and

exemplary damages. Plaintiff has retained private counsel to represent him in this matter and is

entitled to an award of attorney fees and costs.

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in his

favor against Defendant and in an amount greatly in excess of seventy-five thousand dollars ($75,

000) exclusive of costs, interest and attorney fees.

COUNT II - 42 U.S.C § 1983-EXCESSIVE FORCE

DEFENDANT, OFFICER CHANTEL EINHARDT

38. Plaintiff hereby reincorporates and reasserts each and every allegation set forth in

the previous paragraphs of this Complaint.

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39. At all times relevant hereto, Defendant, EINHARDT, was acting under the color of

state law and in her capacity as a guard at the Kalamazoo County Jail and her acts and/or omissions
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

were conducted within the scope of her official duties and employment.
• A PROFESSIONAL CORPORATION

40. The acts taken by Defendant, EINHARDT, were not undertaken in good faith and

were not discretionary but were undertaken with malice.

41. Plaintiff, JOHNSON, had the clearly established right under the Eighth and

Fourteenth Amendment to be free from excessive force by law enforcement.

42. Under all the circumstances known to Defendant, EINHARDT, the physical force

used against Plaintiff, JOHNSON, was objectively unreasonable and clearly excessive.

43. Defendant, EINHARDT, violated Plaintiff's clearly established right to be free from

unreasonable and excessive use of force as guaranteed by the Eighth Amendment and the
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

Fourteenth Amendment of the United States Constitution.

44. At all times relevant hereto, Plaintiff, JOHNSON, was unarmed and did not pose a

threat to the safety of Defendant or others.

45. At all times relevant hereto, Plaintiff, JOHNSON, was not resisting arrest.

46. The misconduct of Defendant, EINHARDT, directly and proximately caused

Plaintiff, JOSEPH JOHNSON, to suffer numerous injuries including, but not limited to:

a. Neck strain;
b. Right wrist sprain;
c. Pain and suffering;
d. Anxiety;
e. Mental anguish;
f. Emotional distress;
g. Fright and shock;
h. Humiliation and/or mortification;
i. Punitive damages;
j. Exemplary damages;
k. Attorneys fees and costs pursuant to 42 U.S.C. §1988;

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l. Other damages, injuries, and consequences that are found to be related to

the incident that develops during the course of discovery; and
m. Any other damages allowed by law;
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

47. The acts and/or omissions of Defendant, EINHARDT, were willful, wanton,
• A PROFESSIONAL CORPORATION

reckless, malicious, oppressive, and/or done with a conscious or reckless disregard for the

constitutional rights of Plaintiff, JOHNSON. Plaintiff therefore requests an award of punitive and

exemplary damages. Plaintiff has retained private counsel to represent him in this matter and is

entitled to an award of attorney fees and costs.

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in his

favor against Defendant and in an amount greatly in excess of seventy-five thousand dollars ($75,

000) exclusive of costs, interest and attorney fees.

COUNT III
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

FAILURE TO INTERVENE TO PREVENT VIOLATION OF PLAINTIFF’S EIGHTH

AND FOURTEENTH AMENDMENT RIGHTS
DEFENDANT TALIAH HARRIS

48. Plaintiff hereby reincorporates and reasserts each and every allegation set forth in

the previous paragraphs of this Complaint.

49. Defendant, HARRIS, had a duty to intervene when Defendants, SOOTSMAN and

EINHARDT, violated Plaintiff’s rights under the Eight and Fourteenth Amendments to the United

States Constitution and 42 U.S.C. 1983.

50. Defendant, HARRIS, observed and/or had reason to know that excessive force was

being inflicted upon Plaintiff.

51. Defendant, HARRIS, had the opportunity and means to intervene and prevent the

violation of Plaintiff’s constitutional rights.

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52. Defendant, HARRIS, failed to intervene which resulted in the infliction of

excessive force and punishment upon Plaintiff in violation of Plaintiff’s constitutionally protected
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

rights.
• A PROFESSIONAL CORPORATION

53. The misconduct of Defendant, HARRIS, directly and proximately caused Plaintiff,

JOSEPH JOHNSON, to suffer numerous injuries including, but not limited to:

a. Neck strain;
b. Right wrist sprain;
c. Pain and suffering;
d. Anxiety;
e. Mental anguish;
f. Emotional distress;
g. Fright and shock;
h. Humiliation and/or mortification;
i. Economic loss;
j. Punitive damages;
k. Exemplary damages;
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

l. Attorneys fees and costs pursuant to 42 U.S.C. §1988;

m. Other damages, injuries, and consequences that are found to be related to
the incident that develops during the course of discovery; and
n. Any other damages allowed by law;

54. The acts and/or omissions of Defendant, HARRIS, were willful, wanton, reckless,

malicious, oppressive, and/or done with a conscious or reckless disregard for the constitutional

rights of Plaintiff, JOHNSON. Plaintiff therefore requests an award of punitive and exemplary

damages. Plaintiff has retained private counsel to represent him in this matter and is entitled to an

award of attorney fees and costs.

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in his

favor against Defendants and award an amount in excess of Seventy-Five Thousand ($75,000)

Dollars, exclusive of costs, interest, and attorney fees, as well as an award of punitive damages.

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COUNT IV –ASSAULT AND BATTERY

DEFENDANTS CLAIR SOOTSMAN AND CHANTEL EINHARDT
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

55. Plaintiff hereby reincorporates and reasserts each and every allegation set forth in
• A PROFESSIONAL CORPORATION

the previous paragraphs of this Complaint.

56. At all times relevant hereto, Defendant, SOOTSMAN, made threatening

movements creating within Plaintiff, JOHNSON, a well-founded fear of imminent peril and/or

contact.

57. Defendant, SOOTSMAN, had the apparent ability to carry out the act if not

prevented.

58. Defendant, SOOTSMAN and EINHARDT, physically attacked Plaintiff,

JOHNSON, when he grabbed Plaintiff by the neck and slammed him against the wall, then
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

proceeded to place Plaintiff in a lateral neck restraint as Defendant, SOOTSMAN and

EINHARDT, pulled Plaintiff to the ground, despite the fact that Plaintiff was not resisting.

59. The misconduct of Defendant, OFFICER SOOTSMAN, directly and proximately

caused Plaintiff, JOSEPH JOHNSON, to suffer numerous injuries including, but not limited to:

a. Neck strain;
b. Right wrist sprain;
c. Pain and suffering;
d. Anxiety;
e. Mental anguish;
f. Emotional distress;
g. Fright and shock;
h. Humiliation and/or mortification;
i. Economic loss;
j. Punitive damages;
k. Exemplary damages;
l. Attorneys fees and costs pursuant to 42 U.S.C. §1988;
m. Other damages, injuries, and consequences that are found to be related to
the incident that develops during the course of discovery; and
n. Any other damages allowed by law;

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WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in

her favor against Defendants and award an amount in excess of Seventy-Five Thousand ($75,000)
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

Dollars, exclusive of costs, interest, and attorney fees, as well as an award of punitive damages.
• A PROFESSIONAL CORPORATION

Respectfully Submitted,
Fieger, Fieger, Kenney & Harrington, P.C.

Dated: November 16, 2020 /s/ Raquel A. Muñoz

GEOFFREY N. FIEGER (P30441)
JAMES J. HARRINGTON, IV (P65351)
RAQUEL A. MUÑOZ (P77420)
Attorney for Plaintiff
19390 W. 10 Mile Road
Southfield, MI 48075
(248)355-5555
[email protected]
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

JOSEPH JOHNSON,
• A PROFESSIONAL CORPORATION

Plaintiff, Case No. 20 -

Hon.
v

DEPUTY CLAIR SOOTSMAN,

DEPUTY CHANTEL EINHARDT, and
DEPUTY TALIAH HARRIS,

Defendants.

GEOFFREY N. FIEGER (P30441)

JAMES J. HARRINGTON, IV (P65351)
RAQUEL A. MUÑOZ (P77420)
Fieger, Fieger, Kenney & Harrington, P.C.
Attorneys for Plaintiff
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

19390 West Ten Mile Rd.,

Southfield, MI 48075
P: (248) 355-5555
F: (248) 355-5148
[email protected]

DEMAND FOR TRIAL BY JURY

NOW COMES Plaintiff, JOSEPH JOHNSON, by and through his attorneys, FIEGER,

FIEGER, KENNEY & HARRINGTON, P.C., hereby demands a trial by jury in the above-

captioned matter.

Respectfully Submitted,

/s Raquel A. Muñoz
GEOFFREY N. FIEGER (P30441)
JAMES HARRINGTON, IV (65351
RAQUEL A. MUÑOZ (P77420)
Fieger, Fieger, Kenney & Harrington P.C.
Attorneys for Plaintiff
19390 West Ten Mile Road
Southfield, MI 48075
Dated: November 16, 2020 (248) 355-5555

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