Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 1 of 14 PagelD #1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY ‘ELECTRONICALLY FILED THE ESTATE OF JEREMY MARR, by and through JOANNA MARR, its Administrator, and JOANNA MARR, Individually and on behalf of E.J.M., a minor Plaintiffs, No_1:21-cv-50-GNS CITY OF GLASGOW; Please Serve: Harold Armstrong, Mayor Glasgow City Hall 126 E. Public Square Glasgow, KY 42141 PLAINTIFFS’ VERIFIED COMPLAINT CITY OF GLASGOW POLICE DEPARTMENT; Please Serve: Harold Armstrong, Mayor Glasgow City Hall 126 E. Public Square Glasgow, KY 42141 GUY JOSEPH TURCOTTE, individually and in his official capacity as a Glasgow Police Officer; Please Serve: Guy Joseph Turcotte 207 Hutcherson Road ) ) ) ) ) ) ) ) ) ) ) ) 5 ) d ) ) ) ) ) ) ) ) ) ) ) ) a ) ) ) > ) ) ) ) ) } Glasgow, KY 42141 ) )Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 2 of 14 PagelD #: 2 HAYDEN PHILLIPS, individually and in his official capacity as a former Glasgow Police Officer; Please Serve: Hayden Phillips 120 Hart Lane Russell Springs, KY 42642 and CAMERON MURRELL, individually and in his official capacity as a Glasgow Police Sergeant Please Serve: Cameron Murrell 300 Brummett Road Columbia, KY 42728 Defendants. Come now the Plaintiffs, The Estate of Jeremy Marr, by and through Joanna Marr, its ‘Administrator, and Joanna Marr on behalf of E.J.M., a minor, and for their Complaint against the Defendants, states as follows: NATURE OF THE CLAIM ‘This action arises out of the unfortunate death of Jeremy Scott Marr, which occurred while ‘Mr. Marr was in the custody and control of the Glasgow Police Department. This action is brought ‘under the auspices of 42 U.S.C. § 1983 for violations of Marr’s constitutional rights, in addition to violations of state statutory and/or common law. State law violations include those arising from the misuse of state/municipal power and negligence by the City of Glasgow and its applicable agents, both in their official and individual capacities.Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 3 of 14 PagelD #: 3 Mr. Marr was forcibly subdued by three Glasgow Police officers, namely Officer Guy Turcotte, Officer Hayden Phillips, and Sergeant Cameron Murrell, during the course of an arrest. Shortly thereafter, Mr. Marr succumbed to his injuries from said officers. The amount of physical and force used upon Mr. Marr was a substantial factor in causing his death, Accordingly, Plaintiffs file the instant action to recover all Iegal and actual damages arising out of the death of Jeremy Scott Marr, including but not lis 'd to damages for wrongful death, loss of parental consortium, negligence, battery, negligent hiring and supervision, consequential damages, punitive damages, and attomey’s fees and costs, PARTIES, JURISDICTION, & VENUE 1, Joanna Marr, wife of Jeremy Marr, brings this action in her capacity as Administrator/Qualified Personal Representative of the Estate of Jeremy Marr. Ms, Marr is a resident of Allen County, Kentucky, where Jeremy Marr's estate is currently being probated, A certified copy of the Order Appointing Fiduciary (entered 04/21/2020) is attached hereto. 2, Joanna Marr, as wife and mother, brings this action individually and on behalf of E.JM., the daughter of Joanna Matr and Jeremy Marr. At all times relevant herein, Joanna Marr and E.J.M. have been residing in Alen County, Kentucky. 3. Upon information and belief, the City of Glasgow is the applicable municipal entity with control over the Glasgow Police Department. The City’s agent for service of process is its Mayor, Harold Armstrong, located at Glasgow City Hall, 126 East Public Square, Glasgow, KY 4214. 4. Upon information and belief, the City of Glasgow Police Department (hereinafter “GPD”) is a municipal entity of the City of Glasgow. Accordingly, the Glasgow PoliceCase 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 4 of 14 PagelD #: 4 Department's agent for service of process is its Mayor, Harold Armstrong, located at Glasgow City Hall, 126 East Public Square, Glasgow, KY 42141, 5. At all times relevant to this Complaint; Defendant Guy Turcotte (hereinafter “Officer Turcotte”), was an Officer of the Glasgow Police Department, acting under color of law and under his presumable authority with the GPD. 6. tall times relevant to this Complaint, Defendant Hayden Phillips (hereinafter “Officer Phillips”), was an Officer of the Glasgow Police Department, acting under color of law and under his presumable authority with the GPD. 7. Atall times relevant to this Complaint, Defendant Cameron Murrell (hereinafter “Sergeant Murrell”), was a Sergeant with the Glasgow Police Department, acting under color of law and under his presumable authority with the GPD. 8. With respect to the events addressed herein, the GPD and its employees and agents were acting within the course and scope of their powers and/or employment. 9. This Court hes original jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3) as there are federal claims herein and this Court has supplemental jurisdiction over the Plaintiffs’ state law claims through 28 U.S.C. § 1367(a). Further, venue is appropriate as the parties reside in this district and the events giving rise to the claims occurred in this district. See 28 U.S.C. § 1391 FACTUAL ALLEGATIONS ‘ April 14, 2020 Incident 10. Plaintiffs incorporate Paragraphs 1-9 as if fully set forth herein and further allege as follows. 11. Onorabout April 14,2020, Jeremy Marr (‘“Marr” or “Decedent”) was in a Glasgow residence, making remarks that people were trying to murder him. Marr's conduct caused concer for someone in or around the residence, resulting in the GPD being called.Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 5 of 14 PagelD #: 5 12. Some Glasgow police officers amived on the scene, specifically Defendants Turcotte, Phillips, and Murrell (collectively referenced as “GPD policemen”), and began interacting with Marr as he was coming out of the residence upon the policemens* request. 13, Upon their initial contact, Marr was informing the GPD policemen that someone ‘was trying to harm him and that “he didn’t want to die.” At this point, Marr was not physical or reactive in any way, but was only attempting to speak to the GPD policemen. 14, Marr notified the officers that the only weapon he had on his person was a knife and was going to hand it to the officers, but ater being instructed not to get it out, Marr lef it in his pocket, 15, For some unknown reason and without provocation, after having a few moments of ‘conversation with Marr, a GPD policemen grabbed Marr by the jacket and turned him around to face the bumper of the police cruiser. Marr expressly stated to another officer that the officer was holding his jacket, continually begging forthe GPD policemen not to kill him or let anyone hurt him while he was against the hood of the vehicle. 16. While the GPD policemen were on the ‘Scene, there was never a time that Marr Posed a threat to anyone in the vicinity of the incident, 17. At no point did the GPD Policemen release their physical grasp on Marr and the GPD policemen took Marr to the ground, restraining Mamt’s arms above his head and straddling him, 18. In less than approximately three minutes, Marr was tased ight to ten times directly onto the skin of his back, with the majority of the taser discharges occurring within two minutesCase 1:21-cv-00050-GNS Document1 Filed 03/19/21 Page 6 of 14 PagelD #: 6 19. At least two of the GPD policemen were physically on top of Marr restraining him, holding down his wrists and legs, while simultaneously yelling “put your hands behind your back” or “don’t move” and continually tasing him. 20. While the GPD policemen were on top of Marr, they were not only restraining him while commanding him to move and tasing him, but also repeatedly striking Marr with a knee cither in his side or on some portion of the lower half of his body, all causing him not to be able to breathe, 21. Once Marr was rolled over onto his back, it was clear that he was unresponsive. 22. The total interaction time between Marr and the GPD policemen was, at maximum, five minutes before GPD policemen and/or first responders were attempting resuscitation at the scene, 23. It was then determined that Marr should be transported to the T.J. Samson ‘emergency room in Glasgow, Kentucky, but the first responders were unable to revive Marr. 24. Marr was unfortunately pronounced deceased upon his arrival to the T.J. Samson emergency room, where his body temperature was highly clevated and the taser prongs were still inhis back. 25, Ultimately, Marr’s cause of death was believed to be substantially impacted by the amount of excessive force used by the GPD policemen. 26. The excessive force of the GPD policemen was cruel and unusual, causing Marr to have serious injury, and eventually triggering his untimely death. 27. — GPD’s actions were unconstitutional and an assault and battery on Marr, causing the wrongfal death of Marr.Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 7 of 14 PagelD #:7 Policies, Procedures, & Practice of the GPD 28. The GPD follows the Accreditation Standards set by the Kentucky Association of Chiefs of Police, in addition to the training provided by the Kentucky Law Enforcement Council, 29. Upon information and belief, the GPD has written internal policies, seemingly to effectuate that the use of force is carried out when using “less lethal weapons”, including but not limited to taser or stun guns, 30. Said written directives should gover the use, training, and possession of less lethal weapons by GPD policemen, on and off duty, 31. The GPD also have Standard Operating Procedures governing training and critical training procedures for its officers. 32, On information and belief, the GPD’s training and policies fil to provide adequate training to officers in using a reasonable degree of force when a suspect is posing a threat to an officer, themselves, or someone else, 33. As a result of this failure, there is a pattem of GPD officers in exercising unreasonable force during the course of an arrest or inquiry. 34. The conduct of the GPD officers during the incident in question, as well as past cases worked by the GPD, have shown that the GPD routinely exercises excessive force during the exercise of official duties 35. Upon information and belief, GPD has not adequately trained its officers despite its Jnowledge of its officers’ use of excessive force. The GPD has acted with deliberate indifference in failing to properly train its agents and officers, impliedly approving of the use of excessive force during the commission of police duties.Case 1:21-cv-00050-GNS Document1 Filed 03/19/21 Page 8 of 14 PagelD 36, If the GPD had adequately trained its officers in using reasonable force, the GPD policemen would not have used excessive force on Jeremy Marr, resulting in his death and a violation of Marr’s constitutional rights. 37. Accordingly, the Plaintifi’s bring this action to recover all legal and actual damages, including punitive damages, they have sustained from the death of Jeremy Scott Marr. (CAUSES OF ACTION COUNT I - Violation of 42 U.S.C. § 1983 Excessive Force & Cruel and Unusual Punishment Against all Defendants (in all capacities) 38. Plaintiffs incorporate Paragraphs 1-37 as if fully set forth herein and further allege as follows. 39, Atal pertinent times, the conduct of the Defendants was within the purview of 42 USC. § 1983 40. The GPD policemen's conduct was in excess of the scope of their authority as the officers brought Marr to the ground, inflicting excessive restraint on him, as well as utilizing a taser beyond any objectively reasonable degree of force necessary to subdue Marr. 41, The injuries that Marr sustained during the events described above were in violation of the Fourth and Bighth Amendments of the United States Constitution, among other relevant Amendments and applicable federal law. 42, The Defendants had a culpable state of mind in using excessive force on Marr, despite having the knowledge that their actions created a substantial risk of serious harm for Marr. 43, Said conduet of the Defendants, jointly or severally, was conducted with the reckless disregard and/or deliberate indifference of the constitutional rights, privileges, and immunities held by Marr,Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 9 of 14 PagelD #: 9 ‘4, Further, the conduct of the Defendant GPD policemen were not objectively reasonable in light of the facts and circumstances surrounding Mamt's conduct/interaction with said officers. 45. ‘The Defendants, under color of law and with deliberate indifference and/or gross negligence caused a denial of Matr's rights, privileges, and immunities secured by the United States Constitution, as well as other federal and state law. 46. Specifically, this denial included, among others, Mart’s right not to have cruel and ‘unusual punishment inflicted upon him under the United States Constitution, nor for excessive force to be used in the course and scope of an arrest. This denial was in direct contravention of 42 U.S.C. § 1983. 47, Plaintiffs are entitled to recovery against all Defendants, jointly and severally, for {he ectual, special, and compensatory damages sustained herein, in addition to the attomey’s fees and costs of this action, exceeding the minimum jurisdictional requirements of this Court. 48. Plaintiffs are further entitled to punitive damages against the Defendants, exceeding the minimum jurisdictional requirements of this Court, COUNT I- Battery Against all Defendants (in all capacities) 49. Plaintiffs incorporate Paragraphs 1-48 as if fully set forth herein and further allege as follows. 50. Without the consent of Mary, at least one, if not several, of the Defendants made excessive physical contact with Marr during the course of his arrest, and beyond the scope of force necessary for arrest, 51. Said physical contact was made in a harmful, offensive, and unlawful manner that resulted in direct harm to Matr’s person.Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 10 of 14 PagelD #: 10 52. Asa direct and proximate result of the conduct of the GPD policemen Defendants and the City of Glasgow, through respondeat superior, Mart suffered seriovs bodily injuries, which ultimately led to his death. 53. Accordingly, PlaintifiS are entitled to damages from the Defendants, jointly or severally, for actual, special, punitive, and compensatory damages in an amount exceeding the minimum jurisdictional requirements of this Court. COUNT II - Negligence and Wrongful Death Against all Defendants (in all Capacities) 54, Plaintiffs incorporate Paragraphs 1-53 as if fully set forth herein and further allege as follows. 55. The Defendants owed Marr and others a duty not to exceed their police powers uring the course of an arrest. 56. The Defendants, through gross negligence and/or a willful disregard, breached said duty by exerting excessive force against Mar, resulting in injuries to Marr. 57. The Defendants’ breach was the actual and proximate cause of Marr’s injuries, and eventually, his death, 58. The Defendant City of Glasgow is liable for the actions of its employees/agents through respondeat superior. 59, The Plaintiffs have suffered harm from Marr's death, including but not limited to past and future lost wages and eaming potential of Jeremy Marr; funeral expenses; physical, mental, and emotional distress; loss of love and affection; wrongful death; and any other harm recognized under Kentucky law.Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 11 of 14 PagelD #: 11 60, Accordingly, and pursuant to KRS § 411.130, Plaintiffs are entitled to damages from the Defendants, jointly or severally, for actual, special, punitive, and compensatory damages in an amount exceeding the minimum jurisdictional requirements of this Court. COUNT IV - Loss of Consortium Against all Defendants (in all capacities) 61, Plaintiffs incorporate Paragraphs 1-60 as if fully set forth herein and further allege as follows. 62. As aresult of the negligent acts and omissions of the Defendants, Joanna Marr has ‘meurred damages for the loss of Jeremy Marr's services, assistance, aid, society, companionship, and conjugal relationship as between husband and wife, 63. Pursuant to KRS § 411.145, Joanna Marr is entitled to recover damages from the Defendants, jointly and severally, for their negligent and/or wrongful acts that are in en amount exceeding the minimum jurisdictional requirements of this Court COUNT V — Loss of Parental Consortium Against all Defendants (in all capacities) 64. Plaintiffs incorporate Paragraphs 1-63 as if fully set forth herein and further allege as follows. 65. Plaintiff E.1.M., a minor, has suffered damages including the oss of love, affection, and companionship of her father, Jeremy Scott Marr. 66. Plaintiff E.J.M. is entitled to recover damages for loss of parental consortium Pursuant to KRS § 411.135 and Kentucky case law. See Guilani v. Guiler, 951 8.W.24 318 (Ky. 1997) 67. ‘The willful and/or grossly negligent acts of the Defendants, whether liable directly for said acts and/or through respondeat superior, have entitled the Plaintiff to punitive damages through KRS § 411.130.Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 12 of 14 PagelD #: 12 68. Accordingly, Plaintiff E.J.M. is entitled to damages ftom the Defendants, jointly or severally, for actual, special, punitive, and compensatory damages for loss of parental consortium, as well as all other elements of damages recoverable for wrongful death, in an amount exceeding ‘the minimum jurisdictional requirements of this Court. COUNT VI- Negligent Hiring, Retention, Supervision, & Training Against City of Glasgow and Glasgow Police Department 69. Plaintiffs incorporate Paragraphs 1-68 as if fully set forth herein and further allege as follows. 70. The City of Glasgow had a duty to properly hire, train, and supervise the activities of its employees, including the GPD policemen, in the exercise of their municipal duties. The City of Glasgow failed to properly hire, train, and supervise the GPD policemen Defendants herein, resulting in Marr's death for which the Plaintiffs are entitled to compensation for. 71. By the acts and omissions of the GPD policemen Defendants, it is evident that the City of Glasgow failed to properly hire, train, and supervise the GPD policemen Defendants with regard to the amount of force necessary for arrest, causing Marr's injuries and death, to which the Plaintiffs are entitled to compensation from the City of Glasgow. ‘WHEREFORE the Plaintiffs, The Estate of Jeremy Marr and E.J.M., a minor, pray for the following relief: 1, Fora trial by jury; 2, Judgment against the Defendants, jointly and severally, for a reasonable sum to compensate the Plaintiffs for their injuries and damages, including past and future lost wages and caring potential of Jeremy Marr, funeral expenses, recovery for physical, mental and ‘emotional distress, loss of love and affection, wrongful death, and all other damages recoverable at law;Case 1:21-cv-00050-GNS Document 1 Filed 03/19/21 Page 13 of 14 PagelD #: 13 3. For the Plaintiffs’ attorney's fees and costs herein pursuant to 42 U.S.C. § 1983; 4. Pre and post judgment interest; 5. Punitive damages; and 6. For any and all relief to which the Plaintiffs appear entitled. ‘This the 19 aay of March, 2021 Respectfully submitted, BRODERICK & DAVENPORT, PLLC 921 College Street - Phoenix Place Post Office Box 3100 Bowling Green, KY 42102-3100 Telephone: (270) 782-6700 Fax: (270) 782-3110 Av David F. Broderick DAVID F. BRODERICKCase 1:21-cv-00050-GNS Document1 Filed 03/19/21 Page 14 of 14 PagelD #: 14 VERIFICATION 1, Joanna Marr, individually and on behalf of the Estate of Jeremy Marr and E.J.M., a minor, acknowledge that I have read the foregoing and the statements contained herein are true and correct to the best of my knowledge and belief. OSnaawed Mane Joanha Marr Individually and on behalf of the Estate of Jerenity Marr and E.J.M., a minor ) ) COUNTY OF WARREN ) ACKNOWLEDGED, SUBSCRIBED AND SWORN to before me on this 19” day of ‘March, 2021 by Joanna Marr, individually and on behalf of the Estate of Jeremy Marr and E.J.M., ‘a minor, knowingly and as her free act and deed. NOTARY PUBLIC, STATE AT LARGE ‘My Commission Expires: 2] Notary Identification No.: KYNP23304 COMMONWEALTH OF KENTUCKYCase 1:21-cv-00050-GNS Document 1-3 Filed 03/19/21 Page 1 of 10 PagelD #: 18 AO 440 Rev, 12109) Summon in 8 Civil Aston UNITED STATES DISTRICT CourT forthe THE ESTATE OF JEREMY MARR, by and through JOANN MARR, its Administrator and JOANN MARR, Individually and on behalf of JM, « minor ) ‘aaj } CITY OF GLASGOW; CITY OF GLASGOW POLICE DEPART ment} CW Action No. 1:21-cv-60-GNS (GUY JOSEPH TURCOTT, HAYDEN FHL > snd CAMERON MURRELL Defendant SUMMONS IN A CIVIL ACTION ‘To: (Defendant's name and address) CITY OF GLAsGow Please Serve: Harold Armstrong, Mayor Glasgow City Hall 126 E. Public Square Glasgow, KY 42141 A lawsuit has been filed against you, Free oeeacYS afer service ofthis summons on you (not counting the day you reesived it) —or 60 days if you Pie eco Slates or a United States agency, or an oficer or employee ofthe United States described in Fed R. Coy P.12.@)Q) or @) — Jf you fil to respond, judgment by default wil be entered against you forthe relief demanded inthe complaint ‘You also must file your answer or motion with the court, CLERK OF CouRT Date: ‘Signature of Clark or Deputy CrkCase 1:21-cv-00050-GNS Document 1-3 Filed 03/19/21 Page 2 of 10’PagelD #: 19 ‘AO 440 (Re, 1289) Summons ina iil Ain (age) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Ci. P. 4) ‘This summons for (name of dividual andthe, Famy) ‘was received by me on (date) I personally served the summons on the individual at (pace) fon (date) _ 50r Lief the summons atthe individuals residence ot usual place of abode with (name) there, 1a person of suitable age and discretion who res | and mailed a copy to the individual’s last known address; oF fon (ats) 0 Tserved the summons on (name of individual) designated by law to accept service of process on behalf of fume of organization) _ __0n (ate) a2 OL retumed the summons unexecuted because - er CF Other jpecify My fees are S for travel and $ for services, for a total of $ 0.00 1 declare under penalty of perjury that this information is trae. ‘Server's signature ~ Prinied name and te Berner aress ‘Additional information regarding attempted serviee, eto:Case 1:21-cv-00050-GNS Document 1-3 Filed 03/19/21 Page 3 of 10 PagelD #: 20 ‘AO 440 (Rey. 1208) Surman in Civil Acton UNITED STATES DISTRICT COURT forthe ‘THE ESTATE OF JEREMY MARR, by and through JOANN MARR, lis Administrator and JOANN MARR, Individually and on behalf of EJM, ami ) ) i ¥. ) $ErY OF GLASGOW; try OF GLASGOW POLICE DEPARTMENT) (GUY JOSEPH TURCOTTE; HAYDEN PHILLIPS, and CAMERON MURRE Civil Action No. 1:21-cv-50-GNS. Defendant ) SUMMONS IN A CIVIL ACTION ‘To: (Defendants name and address) CITY OF GLASGOW POLICE DEPARTMENT; Please Serve: Harold Armstrong, Mayor Glasgow City Hall 126 E. Public Square Glasgow, KY 42141 A lawsuit has been filed against you. Within 21 days ater service ofthis summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed R. Civ, P. 12 (@)2) oF ()— you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure, The answer or motion must be served om the plaintiff or plaititt's attorney, ‘whose name and address are: fyou fil to respond, judgment by default will be entered against you forthe relief demanded in the complain, ‘You also must file your answer or motion with the cout. CLERK OF COURT ‘Signatur of Cer or Deputy ClerkCase 1:21-cv-00050-GNS Document 1-3 Filed 03/19/21 Page 4 of 10 PagelD ‘NO 440 (e129) Summons ina Cv Aton (Page) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4) ‘This summons for (name of uidual andl, ary) was received by me on (date) 1 I personally served the summons on the individual at (pace) _ = Z fon Ga) | sor eft the summons atthe individual’s residence or usual place of abode with (rame) . person of suitable age and diseretion who resides there, on te) sand male a copy to the individual's last known address served the summons on (ame of inva) a _ who is designated by law to accept service of process on behalf of (ame of orsonizaton) on ate _ yor © Lretured the summons unexecuted because _ sor © Other ec My fees areS for travel and S _ for services, foratotal ofS ___ 0.00 | declare under penalty of perjury that this information is true, Date: ~Priied name and ttle Server sadirese ‘Additional information regarding attempted service, ete:Districy Courr forthe ie Ada OF ERE agg 2 meh FOANN way st “ ‘eon haar NNN ) ————", : — Free omen : tes agency, or an ve on the plaintit nyCase 4:z1-cv-00050-GNS Document 1-3 riled o3iigi2i. Page es" = seman in iv Aton PHBE) nosso ee “Gil Action No. PROOF OF SERVICE rt unless required by Fe (this section should not Be ite with the cow! 4.R. Co. PAO) ‘This summons for rane fia on i $09) _— sas received by me om (4a) ved the summons of {He individual at (lace) _ on (date) A personally 1B Left the suramons atthe individual’ resid a person of suitable age a ‘he individual’ tast known, Asotin wi resides thee» address; OF and mailed 2 copy * oy anv the srmons on fom of ni? — oe process on behalf of (me of organization) aw to accept service of on (te) designated bY ‘ons unexecited because © Lretumed the surmms 0 Other (pet? for services, foratotal of $ for travelandS My feesareS er penalty of perry that this information ist. declare und Date: ‘additonal information regarcing ated service, eteCase 1:21-cv-00050-GNS Document 1-3 Filed 03/19/21 Page 7 of 10 PagelD #: 24 ‘AO 44 (Rev. 1248) Summon in Civil Acton UNITED STATES DisTRICT COURT forthe ‘THE ESTATE OF JEREMY MARR, by and through JOANN MARR, its Administrator; and JOANN MARR, Individually and on behalf of EJM, a minor d “hee crorciacaivenvorasscowroucroeamnan, — CsIAsonNa 121--50.6NS GUY JOSEPH TURCOTTE; HAYDEN PHILLIPS, and CAMERON MURRELL Defendant ) SUMMONS IN A CIVIL ACTION To: (Defendant's name and ediress) CAMERON MURRELL, individually and in his official capacity as a Glasgow Police Sergeant Please Serve: Cameron Murrell 300 Brummett Road Columbia, KY 42728 A lawsuit has been filed against you. yithin 21 days after service ofthis summons on you (not counting the day you received it) — or 60 days if you Re the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ, P12) or @)— you must serve on te plaintiff an answer to the attached complaint or a motion under Rule Ld or the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff o plait’ attorney, ‘whose name and address are: Jt yeu filo respond, judgment by default willbe entered against you forthe relief demanded inthe complaint. ‘You also must file your answer or motion with the court. CLERK OF COURT ‘Signatire of Crk cr Deputy ClerkCase 1:21-cv-00050-GNS Document 1-3 Filed 03/19/21 Page 8 of 10 PagelD #: 25 ‘AO 440 (Rev 1208) Summons ina Civil Asin (age) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (Q) ‘This summons for (name of individual and le, any) was received by me on (date) I personally served the summons on th vidual at (place) on dt) CF Left the summons atthe individual's residence or usual place of abode with (name) on (date) _, person of suitable age and diseretion who resides there, | and mailed a copy to the individual's last known address; or 7 served the summons on frame of individual) who is designated by law to accept service of process on behalf of fname af organization) con (date) 1 I retumed the summons unexecuted because 1 Other fpecfy: My fees are $ for travel and $ for services, for a total of $ 0.00 | declare under penalty of perjury that this information is true, Date: Additional information regarding attempted service, etc:and on behalf of ior ) ~~ ———— } GUY oe StASCOW, cry opr 45 ; LASGOW Pouce Perarttrns, Civil Action No, TE: HAYDEN Prttttn MLCAMERON MURR Guy Joseph Turcotte 207 Hutcherson Road Glasgow, Ky azar A lawsuit has been fled against you, Within 21 da 39 afer Service ofthis summons on tert Counting the day you received i) — oF 60 days if you Pratt States or a United Stake then 0" an officer or employee Seats Uted States deserted in Por Re P12 (2) of 3) — you meat Serve on the plaintiff an a the Federal Rules of Civil py ton mat tached complaint or a motnee Rute 12 of q, Sedure. The answer oF motion must Be Served on the plaintif? o Whose name and address arer plaintiz?’s attorney, CLERK OF COURT ‘Signature of Clerk or Deputy Clark Date:1, Page tu uray: ~~ case 1:21-0v-00050-GNS Document 1-3 Filed 03/192: py 209) Seminar Aes OE sow an Givi Action No PROOF OF SERVICE canis section shold not be filed with he cot vere required by Fede Rs P.AO) sisson for ame of dial and tl =) was received by me on (dae) 1 personaly served the summons om He individual at (lat) _ on (dt) or ode with frame) om 1s residence of usual place of ab ef the summons a the incividos "person of suitable age and ieeion WHO TsHeS there, es a on (dat) __ sand malted copy jo he individual tas none acres OF whois C1 [served the summons on (name of individwal) eh service of proces oneal of rae af raion) designate by Yaw to ae ee a on (dat) © Ireturmed the suramons unexecuted because — OT My fees are $ __ for travel and $ for services, for a total of $ 0.90 | dectare under penalty of perjury that this information is tr ‘Server's signature Printed name and tide a ‘Aditionel information regarding attempted service, attempted servi ete:Case 1:21-cv-00050-GNS Document 1-2 Filed 03/19/21 Page 1 of 1 PagelD #: 17 CASE NO. 20-P- eros 2 ALLEN DISTRICT COURT IN RE: THE ESTATE OF JEREMY SCOTT MARR, DECEASED ORDER APPOINTING ADMINISTRATOR The application for probate of the above-named decedent and for appointment of Administratrix came before the Court. Jeremy Scott Marr, married, died intestate on april 14, 2020, a resident of Allen County, Kentucky. TT IS HEREBY ORDERED that Joanna Marr, 4558 Browns Ford Road, Scottsville, Kentucky, be and hereby is appointed as Administratrix ofthe Estate of Jeremy Marr and the Court fixes bond in the sum of One Hundred Dollars ($100.00). WHEREUPON the said Joanna Marr tendered her written oath Prescribed by law and entered into and acknowledged the above mentioned bond. so y This the 2/ "day of Son. 2020. HON. MARTHA B. HARRISON, JUDGE ALLEN DISTRICT COURT 1, Todd B. Culvert, Clerk of tho Allen CireuivDistiet Court, 0 ‘certify thatthe foregoing ae trac and correct eo7y(@) ofthe ariginal document as recorded in my office. In entnony wicoot wits yay bandas cher Pe "TeerCase 1:21-cv-00050-GNS Document 1-1 Filed 03/19/21 CIVIL COVER SHEET replace nor supplement th ling ud service of pleadings oot papers required by law, exept as 1844 ex 1020) ‘The 1 iil over sheet and the iformation contained herein nite PBS Provided by loca rls of cou. This frm, approved bythe dial Conteence ofthe Unite Ste in Sepembes 1974, segue forthe aso he Clk of Cour fos ie favo ting aa [ay PAINTIFES THE ESTATE OF JEREMY MARR, by and through JOANN MARR, its Administator and JOANN MARR, (©) Goi cri ot Fisted Palen an Wd har ea (SEE INSTRUCTIONS ON NEXT PAGE OF (©) Aborneys Fm Nan, Aten Tleplone Nbr) Broderick & Davenport, PLLC, 921 College Street, PO Box 3100, Bowling Green, KY 42102; (270) 782-6700 "us ron DEFENDANTS CITY OF GLASGOW; CITY OF GLASGOW POLICE DEPARTMENT; GUY JOSEPH TURCOTTE: HAYDEN Barren (NUS PLUME cAS8s O97 ‘BERREPOPDRSRRS GG SeTHEOoCor ‘Altomeys sven) Note: IE BASIS OF JURISDICTHON risocvis 7 N CTTIZENSHIP OF PRINCIPAL PARTIES ns Png (orb Css Ot) on Bf Det Ct us coven Es Fete Quon ine one ar” oer uit Cora Nora Pr) Gimnormssue —C} Et mopicdoriscparae Ele Eye tbeiacs a TS Dt vs cremmat 16 ins Chin sthnate sive]? [2 tops Picparaes CJ'S Cs aaa de Clie Parsee ‘Bsus An Se Camnrsests 13] 3 Fann Os o IV. NATURE OF SUIT pra on monaco) ‘lik ere or Sous oF Sue Desa onnaer TORE ORATOR ANU THER STATORES rote more sot unr [Josie taetins | Pamayaeesca [)rsruechnrse 2 re Files (seman efthrenyat tse FY Sasi Sequim Ose ni ts Ae Pca troaacany Fesoaaer uses Sto 0 Negi ar in Deo tattee Joni pps 150 Res of Ovepayene [20 Aca hl amar oA ‘Eteonen ong St rosea Cone ‘ohne Fiore [serail enphyes Prey ora ‘Soewmnnce s2Rerey oftatet ty (hs Air ene stents FF Seo Dep Soca Lone ao trae they Pat ‘ew bie Apion [Ff a0 tc tne Genta een FAs reas she soracen Ogee Diss tasneryetOveyyment [Lay PensONat PROPERTY Sobeiadtre sete [] 80 cemener ie a(veuusBocte" hssoMearvence — CSnoona snes FioTar abe nae octiry {suse tr 16) reoSninnues sow” Ffsiaerycace soma Eee ft [7 sepore oso 30 Ober Coar reéettanity — E]n0ue rca 720 abrMangemet mtn ee 35am eda aity -]x8 Ge Poem ‘rors Deg ese nk soocaicnah Se tnmse ny Clusty Dames wont ttocae FY ttictumetizs) FY Sa eR ty [30 j= otctLinniy hist fomiymanicaen — FY sa prvcone casey freee a ie tanec seas rica {90 Or Seay Ate SEE pettiness oe) 181 apron tnd Coneanis fe ORS Oot P91 Enns Rae 7 Bieter eae Pact Vong incom eye ar ‘Sites esternn SOR Hemant [a2 telnet siemens Sina Ge nom ae orn oma” satoee set) 296 Aeon 2 Ton ihity ‘Acmndvon [)swnecen’ sits tray] Be Adm Pace Pavan onerkelPmmety Plesiow wane ssoanrey §— NTEREMOR hetRovewer Apel Eapoyen ote Fission ry en sn Plstsaatr wilt [7 itn O86 TYR Oring [1 ost cnaeonty of ‘he soewarage ci ‘iar ice Fest een smn rds at Sater V. ORIGIN Paso Ona Oy 1 Orin! EJP Removed fiom] 3. Remanded fom [44 Restor []§ Tale fom [4 6 Molidaut. [ym a Proceeding ‘State Court a Appellate Court o Reopened a ‘Another District Litigation ~ a Litigat pect) ‘ane Dita Te he US. Cal Sate under wh feeu.sic.§ i083, [it dscripion of ome ara V1. CAUSE OF ACTION Tig a roa ts ls eI en fo den of Jeremy Mar coused by acon f Glasgow Pace dopamet under colo ow ae depaton oso his Vil. REQUESTED IN COMPLAINT: CF caECK Wr Tus & CLASS ACTION UNDER RULE 23, RCwP, VIII. RELATED CASE(S) DEMANDS ‘CHICK VES only if dsmanded in comple JURY DEMAND: __Eilves No. TF ANY Sener ange DOCKET NUMBER Dae TWONATURE OF AFTORNEY OF RECORD Nar 19, 2001 ons ent TOR OFFICE USE ONLY RECEIPT aniourt, APPLYING IP supe MaG.sU0GE,Case 1:21-cv-00050-GNS Document 1-1 Filed 03/19/21 Page 2 of 2 PagelD #: 16 1 4¢Revene fe. 1120) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet ‘The J8 44 evil cover shee and the information contained herein neither replaces nor supplements the filings and service of pleading or alher papers as required by law, excep as provided by Toe rules of court. This form, approved by the Judicial Conference ofthe United States in September 1974, is ‘required forthe se of the Clerk af Cout forthe purpose of initiating the civil docket sheet. Consequenly, a civil cover sheet is submitted tothe Clerk of ‘Court for each evil complaint fled. ‘The attorney ling a ease should complete the form ss follows: La o © n m. W, vi vn Plaintffs-Defendants. Enter names (Ist, fist, middle initial) of plainti and defendant. IFthe plaintiff or defendant isa government agency, use ‘only the fall name or siandard abbreviations Ifthe plaintiff or defendant isan offical within a government ageney, identify rst the agency and then the offical, giving both name and tile County of Residence. For each civil cae filed, except US. plains cases, enter the name ofthe county where the frst listed plait resides atthe time of fling. In U.S. plant eases, enter the name ofthe county in which the first listed defendant resides atthe time of filing. (NOTE: In land ‘condemnation cass, the counly of residence ofthe "defendant” is the locaton of the taet of land involved) ‘Attorneys, Ener the fim name, address, telephone umber, and attorney of record, Hf there are several attorneys list them on an atachment, noting section "(se attachment)’. Jurisdiction, The bass of jurisdiction is set forth under Rule Sa), FR.Cv-P., which requtes that jurisdictions be shown in pleadings. Place a in one of the boxes. Isher is more than one bass of jurisdiction, precedence is given in the order shown below. United States plain. (1) Jrisdieton based on 28 U.S.C. 1345 and 1348, Suits by agencies ad offices of the United States are included here United States defendant. (2) When the plait issuing the United States, its offters or agencies, place an "Xin this box. Federal question, (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution ofthe United States, an amendment to the Consituton, an act of Congress ora treaty of the United States. In eases where the U.S, isa party, the US. plaintifor defendant code takes precedence, and box | oF 2 shouldbe marked. Diversity of ctizenship. (4) This refers to suits under 28 U.S.C. 1332, where partes ae citizens of diferent states, When Box 4 is checked, the citizenship ofthe different parties must be eheeked, (See Section Il below; NOTE: federal question actions take precedence aver diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 4 i to be completed if diversity of citizenship was indicated above. Mark this section foreach principal party. [Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the ease, pick the nature of suit code thats most applicable, Click here for: Nature of Sut Cade Descriptions Origin. place an "X" in oe ofthe sven boxes Orin Posedings. (1) Costs which rginstc nthe United States dst cours Removed fom Sate Cove 2) Proceedings ited in state courts ay be removed tthe dsc cous under Til 28 USC, Seton 1441 Remand om Appia Cou (3) Chek tis box for cases remanded othe dst cout for ater ction. Use the dt of remand th ling die. ‘Rtosaed or Reopened. (8) Check his box for ease rinsatedo eopenedin the ditt court. Us the reopening date se ling di. ‘Mansur fom anothes Dis (3) For eases tanteed under Tite 28 USC. Seton 1404). Dont seis for within iste transfers oF nlite: tigation vaste, Maes tigate. (6 Check this box when a mulidisict case is wanted the dsc under authority of Tile 28 USC. Seton 107 Mallet Ligation Direc File. (8) Check hs box when amit ase ied in he same dst the Maser MDL docket PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Orin Cole 7 was ued fr historical eors and is no lnge relevant de 0 ‘anges nate Cause of Action. Report the civil statute directly related to the cause of action and pve a brief description ofthe cause, Do not ete jurisietional statutes unless diversity. Example: U.S. Civil Statue: 47 USC 583 Brief Description: Unauthorized reception af cable service, ‘Requested in Complaint. Class Action. Place an "X" in this box if you ae fling a classaction under Rule 28, FR.CP. ‘Demand. In ths space enter the acto! dollar amount being demanded or indicat oer demand, such asa preliminary injunction, Sry Demand, Check the appropiate box o indicate whether or not a jury is being demanded. VIM, Related Cases. This section ofthe JS 44 is used to reference related pending cass, ifany. If there ae elated pending cases, insert the docket Date riumbers and the cartesponding judge names for such cass. nd Attorney Signature. Date and sign the civil eover sheet,