2017.02.09 Complaint (Doc 1)
2017.02.09 Complaint (Doc 1)
2017.02.09 Complaint (Doc 1)
SHUNTA DAUGHERTY, )
individually, and as the )
administrator of the estate of )
MICHAEL DASHAWN MOORE, )
)
Plaintiff, ) Civil Action No.:
) _________________
v. )
)
HAROLD HURST, )
in his individual capacity, )
) JURY DEMANDED
Defendant. )
COMPLAINT
attorney files this Complaint. Ms. Daugherty will use 42 U.S.C. 1983 to
vindicate her rights under the Fourth and Fourteenth Amendments to the United
rights by Officer HAROLD HURST, the Defendant in this action. Ms. Daugherty
will also seek to hold Defendant Hurst liable under Alabama law for the wrongful
death of her son. In support of her Complaint, the Plaintiff alleges the following:
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INTRODUCTION
Officer Harold Hurst killed the Michael Moore (the Decedent) by shooting
him while the Decedent was standing and also while the Decedent was on the
ground, bleeding out and motionless. Every eyewitness to this shooting has stated
that the Decedent had his hands up and was not resisting at the time Hurst fatally
shot the Decedent, nor was the Decedent resisting or threatening the life of Hurst
(or anyone else) prior to being fatally shot. Hurst allegedly pulled the Decedent
Significantly, an initial newspaper report stated a gun was found in the glove
compartment of the car the Decedent was driving, but that report kept changing.
Hurst claims the Decedent had a gun, but the gun was never photographed at the
scene, and this alleged gun was never confiscated at the scenedespite Hurst
having rolled the Decedent over to cuff the Decedents hands behind his back, and
despite the fact that medical personnel and police officers, who moved the
Decedents body multiple times at the scene, never confiscated or identified a gun
Instead, this gun was allegedly found at the hospital, allegedly under the
Decedents body, after he was pronounced dead. One thing is for sure, however,
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witnesses say that the Decedent had his hands up and had no weapon in his hands
PARTIES
2.
citizen of the United States and a resident of Mobile, Alabama. Ms. Daugherty is
the natural mother of the Decedent and is the administrator of the Decedents
estate. At all times relevant to this Complaint, the Decedent had clearly established
legal rights under state and federal law and the United States Constitution. Ms.
Daugherty submits herself to the jurisdiction and venue of this Court and is entitled
to bring this action on the Decedents behalf under state and federal law for all
3.
United States citizen, an Alabama resident, and a sworn officer of the City of
Mobile Police Department. At all times relevant to this Complaint, Hurst was
acting under the color of state law. At all times relevant to this Complaint,
Defendant Hurst was subject to the laws of the State of Alabama and subject to all
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Officer Hurst claims that he pulled the Decedent over for a routine traffic
stop. The Decedent pulled over the subject car without fleeing and without
incident. Hurst commanded the Decedent to exit the subject car, and the Decedent
waist-band basketball shorts and a T-shirt; the Decedent has just finished playing
basketball prior to being pulled over by Hurst. Once out of the car, the Decedent
had his hands up and did not make any sudden movements, according to witnesses.
Nevertheless, Hurst shot the Decedent, and then when the Decedent fell to the
ground, Hurst shot him again. Witnesses say that Hurst then rolled the Decedent
over and cuffed the Decedents hands behind his back, and notably: Hurst never
confiscated an alleged gun from the Decedent at that time, or at any other time.
As the Decedent laid on the ground, with his hands cuffed behind his back,
Hurst never attempted to photograph (or direct anyone to photograph) the alleged
gun that Hurst later alleged that the Decedent had. As the Decedent laid on the
ground bleeding out, Hurst never attempted to render first aid to the Decedent. As
the Decedent laid on the ground bleeding out, paramedics arrived and rolled the
Decedents body over while police were present, and no gun was ever taken from
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the Decedents body at that time. In fact, no gun was ever taken from the
Decedents body by anyone while the Decedents body was at the scene where the
fatal shooting took place. Paramedics picked up the Decedents body and placed it
Once at the hospital, City of Mobile Police Officers entered the Decedents
hospital room. Allegedly, a gun was found under the Decedents body at the
hospital. When witnesses were asked whether the gun that was allegedly found was
the Decedents gun, those witnesses said no and that they had never seen the gun
the police claimed was found on the Decedents body. Ms. Daugherty is using 42
U.S.C 1983 as the vehicle to sue Hurst in his individual capacity regarding
federal claims. Hurst may be personally served with process at his place of
4.
This Court has original subject matter jurisdiction over the federal claim in
this action in accordance with 28 U.S.C. 1331 because the claim raises a federal
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5.
This Court has supplemental subject matter jurisdiction over the state claim
in this action under 28 U.S.C. 1367(a) because the state and federal claims form
part of the same case or controversy under Article III of the United States
Constitution.
6.
domiciled in Alabama.
7.
1391(b)(1) because the Defendant resides in this district and under 28 U.S.C.
1391(b)(2) because a substantial part of the events giving rise to the claims
8.
On or about June 13, 2016, the Decedent was playing basketball with
friends, at a gym, while wearing elastic-waist band shorts, a t-shirt, and sneakers.
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9.
After playing basketball, the Decedent and two friends entered a vehicle
(subject vehicle); the Decedent was the driver while one friend rode in the front
passenger seat and the other friend rode in the back seat.
10.
The Decedent began to drive the subject vehicle on roads located in Mobile,
Alabama.
11.
On June 13, 2016 while the Decedent drove the subject vehicle on roads
located in Mobile, Alabama, Officer Harold Hurst signaled the Decedent to pull
over while Hurst was driving a police car issued to him by the City of Mobile
Police Department.
12.
The vehicle the Hurst was driving when he signaled the Decedent to pull
over was marked with insignia that identified Hursts vehicle as a City of Mobile
13.
Hurst gave the directive to the Decedent to pull over the Decedents vehicle
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14.
At the time Hurst directed the Decedent to pull over the Decedents vehicle,
15.
The Decedent pulled over the car of which he was driving, upon Hursts
16.
Once Hurst signaled the Decedent to pull over the car that the Decedent was
driving, Hurst did not have to chase the Decedent or take any action to block the
Decedents car or otherwise force the Decedent to stop that car of which the
17.
Once pulled over, Hurst eventually directed the Decedent to exit the subject
car by getting out of the front driver seat, and the Decedent followed Hursts
18.
Once the Decedent exited the subject car, the Decedent had his hands up, as
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19.
While the Decedent had his hands up, Hurst saw that the Decedent did not
have a weapon in his hand, including Hurst seeing that the Decedent did not have a
20.
While the Decedent had his hands up and while Hurst had his government
issued firearm pointed directly at the Decedent, the Decedent made no sudden hand
21.
After being shot by Hurst, the Decedent fell to the ground where he laid
motionless while bleeding and during that time, Hurst shot the Decedent again.
22.
As the Decedent laid on the ground shot, Hurst did not know if the Decedent
was dead.
23.
As the Decedent laid on the ground shot by Hurst, Hurst rolled the Decedent
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24.
Neither prior to cuffing the Decedents hands behind his back or after
cuffing the Decedents hands behind his back did Hurst ever confiscate any
25.
While at the scene where he shot the Decedent several times, and as the
Decedent laid on the ground with his hands cuffed behind his back, Hurst never
26.
While at the scene where he shot the Decedent several times, and as the
Decedent laid on the ground with his hands cuffed behind his back, Hurst never
27.
While at the scene where he shot the Decedent several times, and as the
Decedent laid on the ground with his hands cuffed behind his back, Hurst never
28.
While at the scene where he shot the Decedent several times, and as the
Decedent laid on the ground with his hands cuffed behind his back, Hurst never
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identified any gun that he claimed the Decedent possessed that caused Hurst to fear
29.
When Hurst rolled the Decedents body over to cuff the Decedents hands
behind the Decedents back, Hurst did not identify a gun on the Decedents body.
30.
places; rolled the Decedents body over; and picked his body up to put it on a
stretcher, while at the scene of the shootingand during that entire process, no
medical personnel confiscated a gun from the Decedents body while prepping the
Decedent to be transported from the scene of the shooting to the local hospital.
31.
places; rolled the Decedents body over; and picked his body up to put it on a
stretcher, while at the scene of the shootingand during that entire process, no
medical personnel identified a gun on the Decedents body while prepping the
Decedent to be transported from the scene of the shooting to the local hospital.
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32.
numerous places; rolled the Decedents body over; and picked his body up to put it
on a stretcher, while at the scene of the shooting, many law enforcement officers
observed said medical personneland not one those observing law enforcement
officers identified a gun on the Decedents body while said medical personnel
prepped the Decedents body to be transported from the scene of the shooting to
33.
Once the Decedents body was transported to the local hospital, law
enforcement officers from the City of Mobile Police Department entered the room
in which the Decedents body was located, and thereafter a gun was found under
34.
The gun allegedly found under the Decedents body was shown to the two
passengers who were riding with the Decedent in the subject car at the time Hurst
pulled the subject car over, and those two passengers said that they had never seen
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35.
36.
established right under the Fourth Amendment to the United States Constitution to
37.
Based on all facts that have been incorporated to support this Count,
Officer Hurst violated the Decedents clearly established right to be free from
unreasonable seizure by using deadly force on the Decedent when the Decedent
38.
determined by the enlightened conscience of a jury, together with interest and any
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39.
40.
The Plaintiff is the natural mother of the Decedent and the administrator of
41.
While working within the scope of his employment with the City of Mobile,
the Defendant violated the Decedents clearly established Fourth Amendment right
42.
Amendment right to be free from unreasonable seizure was the direct and
43.
Because the Defendants wrongful act caused the death of the Decedent, the
Plaintiff is entitled to bring this survival action pursuant to ALA. CODE 6-5-410.
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44.
The Plaintiff has complied with all Notice of Claim requirements. A copy of
45.
together with interest and any costs this Court deems just.
46.
47.
At the time that Officer Hurst fatally shot the Decedent, the City of Mobile
Police Department had a strict policy that Hurst could not shoot a knowingly
unarmed person who posed no threat to his life or to the life of others. Hurst
violated this mandate, under the facts incorporated to support this Count, because
at the time he shot the Decedent, he knew the Decedent was unarmed, posed no
threat to Hurst himself, and posed no threat to anyone else because Hurst saw the
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Decedent had no gun in his hand, made no sudden movements and never tried to
even approach Hurstin addition to the other facts used to support this Count.
Consequently, Hursts use of deadly force fell below that of a well-trained City of
Mobile Police Officer and constitutes negligence on the part Hurst for which Hurst
is liable to Plaintiff under all controlling law with respect to compensatory, special,
1. That this Court exercise jurisdiction over this case and grant a jury
trial;
2. That this Court decide, as a matter of law all issues not required to be
determined by a jury;
3. That this Court award all permissible damages recoverable from the
determined at trial;
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5. That this Court grant any additional relief that this honorable Court
s/MARIO WILLIAMS
Mario Williams
Ga Bar No. 235254
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