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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DANNY ALLEN WILSON and
JANET M. FREDERICK-WILSON,
husband and wife,
Plaintiffs, Civil Action
#__2:08-cv-11179______________________
v
Judge __Taylor/Anna
Diggs____________________________
MACOMB COUNTY, MACOMB
COUNTY SHERIFF’S DEPARTMENT,
MACOMB COUNTY JAIL,
SHERIFF MARK A. HACKEL,
D/SGT. T. MCFADDEN, JANICE LYNN
WILSON, SHERIFF DEPUTIES JOHN
DOE #1, JOHN DOE #2, JOHN DOE #3,
JOHN DOE #4, JOHN DOE #5,
PSYCHOLOGIST MARK SCHWARTZ OR
JOHN DOE #6, SOCIAL WORKER JANE DOE #1,
MACOMB COUNTY PROSECUTOR’S OFFICE,
ERIC J. SMITH, GRETCHEN SCHLAFF,
MACOMB COUNTY FRIEND OF THE COURT,
LYNN DAVIDSON, JOHN DOE #7 CHILD SUPPORT
ENFORCEMENT OFFICER, Severally and individually,
Defendants.
__________________________________________________________/
CHIKETA R. PALMORE (P63927)
ATTORNEY FOR PLAINTIFFS
30445 Northwestern Hwy, Ste. 130
Farmington Hills, Michigan 48334
(248) 737-3640
JANET M. FREDERICK-WILSON (P53072)
ATTORNEY FOR PLAINTIFFS
21925 Garrison St.
Dearborn, Michigan 48124
(313) 724-9815
__________________________________________________________/
COMPLAINT AND JURY DEMAND
COMPLAINT
Plaintiffs state:
COMMON ALLEGATIONS
1. This action arises under 42 USC 1983. Jurisdiction is conferred
by 28 USC 1331, 1334(3), (4) and involves violations of the United States
Constitution, specifically the First, Fourth, Fifth, Sixth, Eighth and
Fourteenth Amendments.
2. Plaintiffs are husband and wife and residents of the City of
Westland, the County of Wayne, the State of Michigan.
3. Defendant Macomb County is a local government seated in the City
of Mount Clemens, the County of Macomb, the State of
Michigan.
4. Defendant Macomb County Sheriff’s Department is a
department/agent of the local government of Macomb County and is located in the
City of Mount Clemens, the County of Macomb, the State
of Michigan.
5. Defendant Macomb County Jail is a department/division of the
Macomb County Sheriff’‘s Department which is a
department/agent of the local government of Macomb County and is located in the
City of Mount Clemens, the County of Macomb, the State of Michigan.
6. Upon information and belief, Defendant Mark A. Hackel is a resident of the Township of Macomb, the County
of Macomb, the State of Michigan and at all material times was the Macomb
County Sheriff, an elected official of local government, and employed by
Defendant Macomb County, a local government, at the Macomb County Sheriff’s
Department as the Sheriff.
7. Upon information and belief, Defendant T. McFadden is a resident of the County of Macomb, the
State of Michigan and at all material times was employed by Defendant Macomb
County, a local government, at the Macomb County Sheriff’s Department as Sargent Deputy Sheriff.
8. Upon information and belief, Defendant Janice Lynn Wilson is a resident of the Township of Chesterfield,
the County of Macomb, the State of Michigan and at all material time was
employed by Defendant Macomb County, a local government, at the Macomb County
Sheriff’s Department and the Macomb County Jail as an administrative assistant
in the “Felony Warrants Department”.
9. Upon information and belief, Defendant Deputy Sheriff John Doe
#1 is a resident of the County of Macomb,
the State of Michigan and at all material times was employed by Defendant
Macomb County, a local government, at the Macomb County Sheriff’s Department as
a Deputy Sheriff.
10. Upon information and belief, Defendant Deputy Sheriff John Doe
#2 is a resident of the County of Macomb,
the State of Michigan and at all material times was employed by Defendant
Macomb County, a local government, at the Macomb County Sheriff’s Department as
a Deputy Sheriff.
11. Upon information and belief, Defendant Deputy Sheriff John Doe
#3 is a resident of the County of Macomb,
the State of Michigan and at all material times was employed by Defendant
Macomb County, a local government, at the Macomb County Sheriff’s Department as
a Deputy Sheriff.
12. Upon information and belief, Defendant Deputy Sheriff John Doe
#4 is a resident of the County of Macomb,
the State of Michigan and at all material times was employed by Defendant
Macomb County, a local government, at the Macomb County Sheriff’s Department as
a Deputy Sheriff.
13. Upon information and belief, Defendant Deputy Sheriff John Doe
#5 is a resident of the County of Macomb,
the State of Michigan and at all material times was employed by Defendant
Macomb County, a local government, at the Macomb County Sheriff’s Department as
a Deputy Sheriff.
14. Upon information and belief, Defendant Mark Schwartz is a resident of the County of Oakland, the
State of Michigan and licensed psychologist in the State of Michigan doing
business in the County of Oakland, the State of Michigan and at all material
times was contracted by Defendant Macomb County to provide psychological
evaluations and services for the Macomb County Jail.
15. Upon information and belief, Defendant John Doe #6 is a resident of the State of Michigan and
licensed psychologist in the State of Michigan doing business in the County of
Macomb, the State of Michigan and at all material times was contracted by
Defendant Macomb County, a local government, to provide psychological
examinations, assessments, evaluations and services for the Macomb County Jail.
16. Upon information and belief, Defendant Jane Doe #1 is a resident of the County of Macomb, the
State of Michigan and at all material times was employed and /or contacted by
Defendant Macomb County at the Macomb County Jail as a psychologist and/or
social worker.
17. At all relevant times, Defendants D/SGT. T. McFadden, Janice
Lynn Wilson, Deputy Sheriff John Doe #1, Deputy Sheriff John Doe #2, Deputy
Sheriff John Doe #3, Deputy Sheriff John Doe #4, Deputy Sheriff John Doe #5,
and Jane Doe #1 were under the employ and direct supervision of Defendant Mark
A. Hackel, Sheriff of Macomb County, and all had a
duty to investigate and to truthfully report in affidavits, taken under
oath, supporting petitions and/or requests for warrants, all allegations of
acts of criminality of suspected criminal defendants, and to further report
treatment and conditions of inmates housed in the Macomb County Jail, including
mistreatment of inmates and misconduct of fellow deputies and employees.
18. Defendant Macomb County Prosecutor’s Office is a
department/agency of the Macomb County, a local government, and is located in
the City of Mount Clemens, the County of Macomb, the
State of Michigan.
19. Upon information and belief, Eric J. Smith is a resident of the
County of Macomb, the State of Michigan and at all material times was the
Macomb County Prosecutor, an elected official, and was employed by Defendant
Macomb County, local government, at the Macomb County Prosecutor’s Office as
Prosecutor.
20. Upon information and belief, Gretchen Schlaff
is a resident of the County of Macomb, the State of Michigan and at all
material times was employed by Defendant Macomb County, a local government, at
the Macomb County Prosecutor’s Office as an Assistant Prosecutor.
21. At all relevant times, Defendant Gretchen Schlaff
was under the employ and direct supervision of Defendant Eric Smith, Prosecutor
of Macomb County, and all had a duty to investigate and to truthfully report in
affidavits, taken under oath, supporting petitions and/or requests for
warrants, all allegations of acts of criminality of suspected criminal
defendants.
22. Upon information and belief, Lynn Davidson is a resident of the
County of Macomb, the State of Michigan and at all material times was appointed
and employed by Defendant Macomb County at the Macomb County Friend of the
Court Office as a Director.
23. Upon information and belief, John Doe #7 is a resident of the
County of Macomb, the State of Michigan and at all material times was employed
by Defendant Macomb County at the Macomb County Friend of the Court Office as an Child Support Enforcement Officer.
24. At all relevant times, Defendant John Doe #7
was under the employ and direct supervision of Defendant Lynn Davidson,
Director of the Macomb County Friend of the Court, and all had a duty to
investigate and to truthfully report in affidavits, taken under oath,
supporting petitions and/or requests for warrants, all allegations of acts of
criminality and failure to support of suspected criminal defendants in felony
child support cases.
25. When the events alleged in this complaint occurred, Defendants
were acting within the scope of their employment and under color of Michigan
State law.
26. At all relevant times, Defendant
Macomb County employed the Defendants and is liable for their acts. The county
is also liable because of its policies, practices, and customs, which lead to
this complaint of violation.
27. Plaintiff Danny Allen Wilson is a political activist and State
Director of Parents for Children, a political grass roots organization that
advocates for reform and change within the Michigan Family Courts and the
Michigan County Friend of the Courts.
28. Plaintiff Danny Allen Wilson has held several demonstration
“Rallies” in the County of Macomb advocating for change within the Macomb
County Friend of the Court, i.e. equal and humane treatment of fathers by the
Friend of the Court, equal parenting time for fathers, increased parenting time
for fathers, and for reform giving fathers equal
treatment in child support and parenting time cases. Plaintiff Danny Allen
Wilson’s last demonstrations in front of the Macomb County Circuit Courthouse
were in September of 2006.
29. Plaintiff Danny Allen Wilson was instrumental in causing the
Macomb County Board of Commissioners to install the “Citizen’s Oversight
Committee” to review complaints from parties to divorce, parenting and child
support cases of misconduct and inappropriate behavior by Macomb County Friend
of the Court employees.
30. Upon information and belief, that on or about June 29, 2005,
Defendants Macomb County Sheriff’s Department, Mark A. Hackle, D/SGT. T.
McFadden, Janice Lynn Wilson, Prosecutor Eric Smith, Assistant Prosecutor
Gretchen Schlaff, Lynn Davidson, and John Doe #7
Child Support Enforcement Officer presented to the 16th District Court for the
State of Michigan and caused the Court to issue a Felony Warrant against
Plaintiff Danny Allen Wilson falsely alleging that Plaintiff left the State of
Michigan and did not pay support for his children in the amount or at the time
stated in an order entered by the Macomb County Circuit Court, in file number
1998-005163-DS, contrary to MCL 750.165.
31. Upon information and belief, Defendants Lynn Davidson, John Doe #7 and Janice Lynn Wilson provided
Defendants Macomb County Sheriff’s Department, Mark A. Hackel,
D/SGT. T. McFadden, Prosecutor Eric Smith and Assistant Prosecutor Gretchen Schlaff with false information that Danny Allen Wilson was
a party to Macomb County Circuit Court file number 1998-005163-DS and had left
the State of Michigan and did not pay support for his children contrary to MCL
750.165.
32. Upon information and belief, Defendants Macomb County Sheriff’s
Department, Mark A. Hackel, Janice Lynn Wilson,
D/Sgt. T. McFadden, Macomb County Friend of the Court, Lynn Davidson, and/or
John Doe #7 Child Support Enforcement Officer entered or caused to be entered
the Felony Child Support Warrant into the Law Enforcement Identification
Network (LEIN) knowing or at least should have know that the information was
false and that Danny Allen Wilson was not a party to Macomb County Circuit
Court file number 1998-005163-DS.
33. Plaintiff Danny Allen Wilson is not a party and has never been
a party in the circuit court action, file number 1998-005163-DS.
34. Plaintiff Danny Allen Wilson did not owe and has never owed
support for any children in the circuit court action, file number
1998-005163-DS.
35. Plaintiff Danny Allen Wilson is a party to Macomb County
Circuit Court file number 1993–002559-DM, Janice Lynn Wilson v Danny Allen
Wilson, and Plaintiff does have a monthly child support obligation in the
amount of $163.13 to be paid to Defendant Janice Lynn Wilson.
36. On or about February 21, 2007, Danny Allen Wilson did not owe any
child support arrears in Macomb County Circuit court file number
1993–002559-DM, Janice Lynn Wilson v Danny Allen Wilson.
37. On or about February 21, 2007, at approximately 1:00pm,
Plaintiff Danny Allen Wilson was arrested, hand-cuffed and shackled, and
transported by the Macomb County Sheriff’s Department to the Macomb County Jail
and detained for more than twenty-four (24) hours.
38. On or about February 21, 2007, at approximately 1:00pm and
thereafter, Plaintiff Danny Allen Wilson repeatedly told Sheriff Deputies John
Doe #1, 2, 3, 4, and 5 at the Macomb County Jail that he did not owe any child
support in his child support case, Macomb County Circuit Court file number 1993-002559-DM,
and he demanded to be brought immediately before a judge to resolve this
problem or to be arraigned.
39. Sheriff Deputies John Doe #1, 2, 3, 4, and 5 refused to bring
Plaintiff before a judge and told Plaintiff that he would have to spend the night
in jail and be arraigned the following morning.
40. On or about February 21, 2007, at approximately 1:00pm and
thereafter, Plaintiff Danny Allen Wilson demanded to be release on bond as he
did not owe any child support arrears and Sheriff Deputies John Doe #1, 2, 3,
4, and 5 refused to release Plaintiff on bond and told Plaintiff that he would
have to spend the night in jail and be arraigned in the morning.
41. On or about February 21, 2007, Plaintiff Danny Allen Wilson was
not read his Miranda Rights and he was not fully informed by Sheriff
Deputies John Doe #1, 2, 3, 4, and 5 of the charges made against, i.e. owing
child support in Macomb County Circuit Court file number 1998-005163-DS.
42. On or about February 21, 2007, Sheriff Deputies John Doe #1, 2,
3, 4, and 5 stripped Plaintiff Danny Allen Wilson of all his clothes and gave
him only small blanket with velcro strips to cover himself and placed him in a jail cell with
another male inmate.
43. The velcro
strips on the small blanket were damaged and would not stick together leaving
Plaintiff’s body and private parts exposed.
44. The cell was cold, dirty, and smelled of urine, and there were
no other blankets in the cell to allow Plaintiff to cover himself.
45. The other inmate in the cell with Plaintiff was angry and
violent, he was screaming and banging on the cell door and walls, and making
threats to harm others.
46. Plaintiff Danny Allen Wilson was naked and exposed, cold and
shivering, and feared for his life and safety while the other cell mate
screamed and banged on the cell door and walls, and made threats to harm others
throughout the night.
47. Plaintiff Danny Allen Wilson did not sleep during the night due
to being naked, cold and in fear for his life and safety while the other
cell mate screamed and banged on the cell door and walls, and made threats to
harm others throughout the night.
48. Plaintiff Danny Allen Wilson made several request to Sheriff
Deputies John Doe #1, 2, 3, 4, and 5 for clothing and a blanket and Sheriff
Deputies John Doe #1, 2, 3, 4, and 5 refused to give him either clothes or a
blanket.
49. Plaintiff made several request to Sheriff Deputies John Doe #1,
2, 3, 4, and 5 to be removed from the cell and placed in another cell with a
different cell mate and Sheriff Deputies John Doe #1, 2, 3, 4, and 5 refused to
remove Plaintiff from the cell an/or to put him in a
different cell.
50. On or about February 21, 2007, Plaintiff Danny Allen Wilson was
brought into the hallway in the jail, with only the small blanket covering him,
and was interrogated by Jane Doe #1.
51. Defendant Jane Doe #1 demanded that Plaintiff Danny Allen
Wilson admit that he had a mental illness or condition and further demanded
that he sign releases so she could obtain his Veterans Administration file from
the Veterans Administration Medical Center in Detroit.
52. That Plaintiff Danny Allen Wilson refused to signed
any releases for his VA file and demanded to speak with his attorney.
53. Upon information and belief, Defendant Janice Lynn Wilson had
provided Jane Doe #1 with false information that Plaintiff Danny Allen Wilson
was mentally unstable, bipolar, abusive, assaultive and dangerous fully knowing
her statements were false.
54. Defendant Jane Doe #1 contacted Plaintiff Janet M.
Frederick-Wilson by telephone at approximately 12:00 midnight and stated that
there was a problem at the jail, that Plaintiff Danny Allen Wilson was being
hyper-vocal and uncooperative, and he was refusing to sign releases for his VA
records.
55. Defendant Jane Doe #1 demanded that Plaintiff Janet M.
Frederick-Wilson obtain guardianship over Plaintiff Danny Allen Wilson and sign
releases so that Jane Doe #1 could obtain his VA records.
56. Plaintiff Janet M. Frederick-Wilson refused to cooperate with
Jane Doe #1 and demanded Jane Doe #1 to release her husband, and to not
speak to her husband without her presence, or, alternatively, give him adequate
clothing and move him to a different cell.
57. Defendant Jane Doe #1 told Plaintiff Janet M. Frederick-Wilson
that her husband was mentally ill and would be committed to a mental health
facility in the morning.
58. Plaintiff Janet M. Frederick-Wilson feared for her husband’s
life and safety and did not sleep during the night due to fear and emotion
distress for her husband’s life, health, safety and welfare.
59. During the early morning of February 22, 2007, Plaintiff Danny
Allen Wilson, was interrogated by Macomb County Jail
psychologist Defendant Mark Schwartz and/or John Doe #6 and Plaintiff refused
to answer any questions.
60. Defendant Mark Schwartz and/or John Doe #6 demanded that
Plaintiff sign a release form for his VA file or he would commit Plaintiff to a
mental health facility and Plaintiff would never leave the jail or mental
facility again.
61. Plaintiff Danny Allen Wilson refused to sign the release form
and demanded to see a judge immediately to be arraigned.
62. On February 22, 2007, Plaintiff Danny Allen Wilson was
arraigned before a magistrate via a 2-way cable hearing from the jail to the
41B Judicial District Court at approximately 10:30am.
63. Plaintiff Danny Allen Wilson appeared in his blanket and plead
not guilty and further stated to the magistrate that he did not owe any child
support arrears and asked that personal bond to be set.
64. The 41B Judicial District Court magistrate set bond at $5,000
personal bond and ordered Plaintiff Danny Allen Wilson to be immediately
released from the jail.
65. Plaintiff Danny Allen Wilson remained in jail for an additional
six (6) hours in the general holding cell with only a small blanket around him
with his private areas exposed to other inmates before being released.
66. Plaintiff appeared at the 41B Judicial District Court before
Judge Sebastian Lucido for a pre-trial hearing four
weeks later and discovered that the felony warrant against him was factually
based on a child support case that Plaintiff was not a party and has never been
a party in the circuit court action, file number 1998-005163-DS, Macomb County
Circuit Court.
67. Judge Sebastian Lucido dismissed the
felony child support case against Plaintiff Danny Allen Wilson as Plaintiff
Danny Allen Wilson was not a party to Macomb County Circuit Court, in
file number 1998-005163-DS, and Plaintiff did not owe any child support arrears
in Macomb County Circuit Court file number 1993–002559-DM, Janice Lynn Wilson v
Danny Allen Wilson.
COUNT I
FOURTH, FIFTH AND FOURTEENTH AMENDMENT VIOLATIONS
68. Plaintiffs incorporate by
reference paragraphs 1 through 67.
69. Plaintiff Danny Allen Wilson’s constitutionally protected
rights that Defendants violated include the following:
a. Plaintiff’s right to be secure in his person and against
unreasonable searches and seizures of his person and property;
b. Plaintiff’s right that no warrant shall be issued but upon
probable cause, supported by oath or affirmation and particularly describing
the person to be seized;
c. Plaintiff’s right to liberty protected in the substantive
component of the Due Process Clause of the Fourteenth Amendment, which includes
his personal safety, freedom from captivity, and freedom from unwarranted
interrogation;
d. Plaintiff’s right to fair and equal treatment guaranteed
and protected by the Equal Protection Clause of the Fourteenth Amendment;
e. Plaintiff’s right to not be deprived of life, liberty and
property without Due Process of law.
70. Upon information and belief, Defendants Macomb County Sheriff’s
Department, Mark A. Hackel, D/Sgt. T. McFadden,
Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John
Doe #5, Jane Doe #1, Mark Schwartz and/or John Doe #6, Macomb County
Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson and John Doe #7, acting under
color of state law, caused Plaintiff Danny Allen Wilson to be arrested,
taken into Sheriff’s custody and detained Plaintiff in the Macomb County
Jail for more than 24 hours giving rise to affirmative duties on their part to
secure for Plaintiff the constitutional rights identified above.
71. Upon information and belief, Defendants Macomb County
Sheriff’s Department, Mark A. Hackel, D/Sgt. T.
McFadden, Janice Lynn Wilson, Macomb County Prosecutor’s Office, Eric Smith,
Gretchen Schlaff, Macomb County Friend of the Court,
Lynn Davidson and John Doe #7, acting under color of law, gave false
information to a District Court Judge and caused a felony warrant for failure
to pay child support to be issued against Plaintiff Danny Allen Wilson knowing
or at least should have known after a minimal inquiry that Plaintiff was not
and has never been a party to Circuit Court Case Number 1998-005163-DS.
72. Upon information and belief, Defendants Macomb County Sheriff’s
Department, Mark Hackel, Janice Lynn Wilson and D/SGT
T. McFadden, Macomb County Friend of the Court, Lynn Davidson, and/or John Doe
#7 Child Support Enforcement Officer, acting under color of law, entered or
caused to be entered the Felony Child Support Warrant into the Law Enforcement
Identification Network (LEIN) knowing or at least should have know that the
information was false and that Danny Allen Wilson was not a party to Macomb
County Circuit Court file number 1998-005163-DS.
73. Defendants Macomb County Sheriff’s Department, Mark A. Hackle,
D/Sgt. T. McFadden, Janice Lynn Wilson, Macomb County Prosecutor’s Department,
Eric Smith, Gretchen Schlaff, Macomb County Friend of
the Court, Lynn Davidson and John Doe #7, were under a duty to investigate and
to give truthful information in affidavits, taken under oath, supporting
petitions and/or requests for warrants, all allegations of acts of criminality
and failure to support of suspected criminal defendants in felony child support
cases.
74. Upon information and belief, Defendants Macomb County Sheriff’s
Department, Mark A. Hackel, D/Sgt. T. McFadden,
Janice Lynn Wilson, Macomb County Prosecutor’s Office, Eric Smith, Gretchen Schlaff, Macomb County Friend of the Court, Lynn Davidson
and John Doe #7, acting under color of law, caused a warrant to be issued for the
arrest of Plaintiff Danny Allen Wilson and caused the warrant to be entered
into the LIEN based on false information and in doing so gave rise to
affirmative duties on their part to secure for Plaintiff the constitutionally
protected rights identified above.
75. Upon information and belief, Defendants Macomb County Sheriff’s
Department, Mark A. Hackel, D/Sgt. T. McFadden,
Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John
Doe #5, Macomb County Prosecutor’s Office, Eric Smith, Gretchen Schlaff, Macomb County Friend of the Court, Lynn Davidson
and John Doe #7, in violation of their affirmative duties, caused Plaintiff
Danny Allen Wilson to be arrested and detained for more than twenty-four (24)
hours in the Macomb County Jail and is a direct and proximate cause of the
deprivation of Plaintiff Danny Allen Wilson’s constitutional rights described
above.
76. Upon information and belief, Defendants Macomb County
Sheriff’s Department, Macomb County Jail, Mark A. Hackel,
D/Sgt. T. McFadden, Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3,
John Doe #4, John Doe #5, Macomb County Prosecutor’s Office, Eric Smith,
Gretchen Schlaff, Macomb County Friend of the Court,
Lynn Davidson and John Doe #7, in violation of their affirmative duties, caused
Plaintiff Danny Allen Wilson to be stripped naked and given only a small
blanket to cover himself which exposed his private parts and to be housed in a
cold jail cell with a violent, mentally ill male cell mate and is a direct and
proximate cause of the deprivation of Plaintiff Danny Allen Wilson’s
constitutional rights described above.
77. Upon information and belief, Defendants Macomb
County Sheriff’s Department, Macomb County Jail, Mark A. Hackel,
D/Sgt. T. McFadden, Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3,
John Doe #4, John Doe #5, Macomb County Prosecutor’s Office, Eric Smith,
Gretchen Schlaff, Macomb County Friend of the Court,
Lynn Davidson and John Doe #7, in violation of their affirmative duties,
approximately and directly caused Plaintiff Danny Allen Wilson to be detained,
interrogated and threatened by Defendants Jane Doe #1 and Defendant Mark
Schwartz and/or John Doe #6 and is a direct and proximate cause of the
deprivation of Plaintiff Danny Allen Wilson’s constitutional rights described
above.
78. Defendants Jane Doe #1, Mark Schwartz and/or John Doe #6 in
violation of their affirmative duties, unlawfully detained, interrogated and
threatened Plaintiff Danny Allen Wilson and is a
direct and proximate cause of the deprivation of Plaintiff’s constitutional
rights described above.
79. Upon information and belief, Defendants Macomb County Sheriff’s
Department, Macomb County Jail, Mark A. Hackel,
D/Sgt. T. McFadden, Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3,
John Doe #4, John Doe #5, Macomb County Prosecutor’s Office, Eric Smith,
Gretchen Schlaff, Macomb County Friend of the Court,
Lynn Davidson and John Doe #7, in violation of their affirmative duties,
approximately and directly caused Plaintiff Danny Allen Wilson to be denied
bond/bail and is a direct and proximate cause of the deprivation of Plaintiff
Danny Allen Wilson’s constitutional rights described above.
80. Upon information and belief, Defendants Macomb County
Sheriff’s Department, Macomb County Jail, Mark A. Hackel,
D/Sgt. T. McFadden, Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3,
John Doe #4, John Doe #5, Macomb County Prosecutor’s Office, Eric Smith,
Gretchen Schlaff, Macomb County Friend of the Court,
Lynn Davidson and John Doe #7, in violation of their affirmative duties,
approximately and directly caused Plaintiff Danny Allen Wilson to be denied an
immediate arraignment or access to a Judge or a hearing for approximately 22
1/2 hours while being unlawfully detained at the Macomb County Jail and is a
direct and proximate cause of the deprivation of Plaintiff Danny Allen Wilson’s
constitutional rights described above.
81. Defendants Macomb County Sheriff’s Department, Macomb County
Jail, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn
Wilson, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, Macomb
County Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Jane Doe #1, Mark Schwartz and/or John Doe #6, Macomb County Friend of the
Court, Lynn Davidson and John Doe #7, acting under color of state law, and
acting alone and in concert with one another, by their conduct, showed
intentional, outrageous, callous, reckless, indifferent and gross negligent
disregard for Plaintiff Danny Allen Wilson’s constitutional rights and severely
deprived Plaintiff of his constitutional rights as described above.
82. As a direct and proximate result of Defendants’ conduct,
Plaintiff suffered exposure and illness, embarrassment, shame, indignity,
fright, fear, panic, anxiety, mental and emotional distress and injury,
nightmares, loss of freedom, loss of his property, and loss of other
constitutionally protected rights described above.
83. Defendant Macomb County, Macomb County Sheriff’s Department,
Macomb County Jail, Mark A. Hackel, Macomb County
Friend of the Court, Linda Davison, Macomb County Prosecutor’s Office, and Eric
Smith, acting under color of law, authorized, tolerated, ratified, permitted,
or acquiesced in the creation of policies, practices, and customs, establishing
a de facto policy of deliberate indifference to individuals such as Plaintiff
Danny Allen Wilson.
84. As a direct and proximate result of these policies, practices,
and customs, Plaintiff Danny Allen Wilson was deprived of his constitutionally
protected rights describe above.
PLAINTIFFS REQUEST that this honorable Court enter judgment against
Defendants in an amount consistent with the damages sustained.
COUNT II
EIGHTH AMENDMENT VIOLATIONS
85. Plaintiffs incorporate by
reference paragraphs 1 through 84.
86. The Eight Amendment of the U.S. Constitution provides, in
pertinent part, that excessive bail shall not be required nor excessive fines
be imposed nor cruel and unusual punishments be inflicted.
87. Upon information and belief, Defendants Macomb County Sheriff’s
Department, Mark A. Hackel, D/Sgt. T. McFadden,
Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John
Doe #5, Jane Doe #1, Mark Schwartz and/or John Doe #6, Macomb County
Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson and John Doe #7, acting under
color of state law, caused Plaintiff Danny Allen Wilson to be arrested,
taken into Sheriff’s custody and detained Plaintiff in the Macomb County
Jail for more than 24 hours creating a special relationship and giving rise to
affirmative duties on their part to secure for Plaintiff his Eight Amendment
constitutionally protected rights as identified in paragraph 85..
88. Defendants Macomb County Sheriff’s Department, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, Macomb
County Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson and John Doe #7's decision to
give false information to a District Court Judge and caused a felony warrant
for failure to pay child support to be issued against Plaintiff Danny Allen
Wilson.
89. Defendants Macomb County Sheriff’s Department, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, Macomb
County Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson and John Doe #7's decision to
give false information to a District Court Judge and caused the District Court
Judge to deny bond violated Plaintiff Danny Allen Wilson’s constitutionally
protected Eighth Amendment rights.
90. Defendants Macomb County Sheriff’s Department, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, Macomb
County Friend of the Court, Lynn Davidson, and/or John Doe #7's decision to
enter or to cause to be entered the Felony Child Support Warrant into the Law
Enforcement Identification Network (LEIN) further caused Defendants Macomb
County Sheriff’s Department, Macomb County Jail, Mark A. Hackle, D/Sgt. T.
McFadden, John Doe #1, John Doe #2, John Doe #3, John Doe #4, and John Doe #5
to unlawfully arrest and detain Plaintiff Danny Allen Wilson in the Macomb
County Jail for more than 24 hours which violated Plaintiff Danny Allen
Wilson’s constitutionally protected Eighth Amendment rights.
91. Defendants Macomb County Sheriff’s Department, Macomb County
Jail, Mark A. Hackel, D/Sgt. T. McFadden, John Doe
#1, John Doe #2, John Doe #3, John Doe #4, and John Doe #5 decision to strip
Plaintiff Danny Allen Wilson of clothes and to detain him in a cell naked with only
a small blanket to cover him which exposed him cold, dampness, and unsanitary
conditions which violated Plaintiff Danny Allen Wilson’s constitutionally
protected Eighth Amendment rights.
92. Defendants Macomb County Sheriff’s Department, Macomb County
Jail, Mark A. Hackel, D/Sgt. T. McFadden, John Doe
#1, John Doe #2, John Doe #3, John Doe #4, and John Doe #5 decision to strip
Plaintiff Danny Allen Wilson of clothes and to detain him in a cell naked with
only a small blanket to cover him and imprisoned him with a very violent,
mentally ill cell mate which violated Plaintiff Danny Allen Wilson’s
constitutionally protected Eighth Amendment rights.
93. Defendants Macomb County Sheriff’s Department, Macomb County
Jail, Mark A. Hackel, D/Sgt. T. McFadden, John Doe
#1, John Doe #2, John Doe #3, John Doe #4, and John Doe #5 decision to place
Plaintiff Danny Allen Wilson in a cell with a violent, dangerous and mentally
ill cell mate while naked with only a small blanket to cover him violated
Plaintiff Danny Allen Wilson’s constitutionally protected Eighth Amendment
rights.
94. Upon information and belief, Defendants Macomb County
Sheriff’s Department, Mark A. Hackel, D/Sgt. T.
McFadden, Janice Lynn Wilson, Macomb County Prosecutor’s Office, Eric Smith,
Gretchen Schlaff, Macomb County Friend of the Court,
Lynn Davidson and John Doe #7 decision to give false information as to
Plaintiff Danny Allen Wilson’s mental condition caused Plaintiff to be
detained, interrogated and threatened by Defendant Jane Doe #1 a social
worker, and Defendant Mark Schwartz and/or John Doe #6 which violated Plaintiff
Danny Allen Wilson’s constitutionally protect Eight Amendment rights.
95. Defendants Jane Doe #1 and Defendant Mark Schwartz and/or John
Doe #6 decision to detain, interrogate and threaten Plaintiff Danny Allen
Wilson violated Plaintiff’s constitutionally protect Eight Amendment rights.
96. Defendant Macomb County, Macomb County Sheriff’s Department,
Macomb County Jail, Mark A. Hackel, Macomb County
Friend of the Court, Lynn Davidson, Macomb County Prosecutor’s Office, and Eric
Smith, acting under color of law, authorized, tolerated, ratified, permitted,
or acquiesced in the creation of policies, practices, and customs, establishing
a de facto policy of deliberate indifference to individuals such as Plaintiff
Danny Allen Wilson in protecting their constitutionally protected Eight
Amendment rights.
97. Defendants Macomb County Sheriff’s Department, Macomb County
Jail, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn
Wilson, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, Jane
Doe #1, Mark Schwartz and/or John Doe #6, Macomb County Prosecutor’s Office,
Eric Smith, Gretchen Schlaff, Macomb County Friend of
the Court, Lynn Davidson and John Doe #7,, acting alone and in concert with one
another, by their conduct, showed intentional, outrageous, callous, reckless,
indifferent and gross negligent disregard for Plaintiff Danny Allen Wilson’s
constitutionally protected Eighth Amendment rights.
98. As a direct and proximate result of Defendants’ actions, Plaintiff
Danny Allen Wilson suffered mental and emotional injury, embarrassment, shame,
indignity, fright, fear, anxiety, panic, nightmares, depression, emotional
distress, loss of freedom, loss of property, loss of sleep, and other
constitutionally protected rights described above.
99. As a direct and proximate result of Defendants’ actions,
Plaintiff Janet M. Frederick-Wilson has suffered fright, fear, anxiety, panic, loss of sleep, loss of consortium, society and
companionship.
PLAINTIFFS REQUEST that this Honorable Court enter judgment against
Defendants in an amount consistent with the damages sustained.
COUNT III
FIRST AND FOURTEENTH AMENDMENT VIOLATIONS
100. Plaintiffs incorporate by
reference paragraphs 1 through 99.
101. Plaintiff Danny Allen Wilson’s constitutionally protected
rights that Defendants violated include the following:
a. Freedom of speech;
b. Freedom to peaceably to assemble;
c. Freedom to petition the Government for a redress of grievances.
102. Defendants Macomb County Sheriff’s Department, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, Macomb
County Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson and John Doe #7, acting under
color of law, gave false information to a District Court Judge and caused a
felony warrant for failure to pay child support to be issued against Plaintiff
Danny Allen Wilson knowing or at least should have known after a minimal
inquiry that Plaintiff was not and has never been a party to Circuit Court file
number 1998-005163-DS.
103. Defendants Macomb County Sheriff’s Department, Mark A. Hackel, Janice Lynn Wilson and D/Sgt. T. McFadden, Macomb
County Friend of the Court, Lynn Davidson, and/or John Doe #7, acting under
color of law, entered or caused to be entered the Felony Child Support Warrant
into the Law Enforcement Identification Network (LEIN) knowing or at least
should have know that the information was false and that Danny Allen Wilson was
not a party to Macomb County Circuit Court file number 1998-005163-DS.
104. Defendants Macomb County Sheriff’s Department, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, Macomb
County Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson and John Doe #7 directly
caused Plaintiff Danny Allen Wilson to be denied bond/bail and immediate
arraignment based on the false information given by Defendants causing
Plaintiff to be detained in the Macomb County Jail naked with only a small
blanket to cover him in a cell exposed to the cold, dampness and unsanitary
conditions and with a violent, mentally ill male for more than 24 hours.
105. Defendants Macomb County Sheriff’s Department, Mark A. Hackle,
D/Sgt. T. McFadden, Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3,
John Doe #4, John Doe #5, County Prosecutor’s Office, Eric Smith, Gretchen Schlaff, Macomb County Friend of the Court, Lynn Davidson
and John Doe #7, acting under color of law, took Plaintiff Danny Allen Wilson
into physical police custody and detained him in the Macomb County Jail for
more than twenty-four (24) hours based on false information contained in the
arrest warrant.
106. Defendants Macomb County Sheriff’s Department, Mark A. Hackle,
D/Sgt. T. McFadden, Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3,
John Doe #4, John Doe #5, County Prosecutor’s Office, Eric Smith, Gretchen Schlaff, Macomb County Friend of the Court, Lynn Davidson
and John Doe #7, acting under color of law, gave false information to Defendant
Jane Doe #1 a social worker, and Defendant Mark Schwartz and/or John Doe #6
causing Defendants to interrogate and threaten Plaintiff Danny Allen Wilson’s
with involuntary commitment in a mental health facility.
107. Defendants, acting alone and in
concert with one another, by their conduct, showed intentional, outrageous,
callous, reckless, indifferent and gross negligent disregard for Plaintiff
Danny Allen Wilson’s constitutionally protected First Amendment rights.
108. Defendants, acting alone and in
concert with one another, by their conduct, did so for the sole purpose of
retaliating against Plaintiff Danny Allen Wilson for his political activities
and demonstrations advocating for fathers rights and to chill Plaintiff from
exercising his rights and freedoms to free speech, peaceable assembly and to
publically petition the local government for redress of grievances.
109. As a direct and proximate result of Defendants’ actions, Plaintiff
suffered mental and emotional injury, embarrassment, shame, indignity, fright,
fear, anxiety, panic, nightmares, depression, emotional distress, loss of
freedom, loss of property, loss of sleep, and fear to engage in any free
speech, protests or other political activities addressing grievances against
Macomb County and its departments or agencies.
110. Defendant Macomb County, Macomb County Sheriff’s Department,
Mark A. Hackel, Macomb County Friend of the Court,
Lynn Davidson, Macomb County Prosecutor’s Office and Eric Smith, acting
under color of law, authorized, tolerated, ratified, permitted, or acquiesced
in the creation of policies, practices, and customs, establishing a de facto
policy of intentional discouragement and/or deliberate indifference to individuals
such as Plaintiff Danny Allen Wilson who exercise their First Amendment fights.
PLAINTIFFS REQUEST that this Honorable Court enter judgment against
Defendants in an amount consistent with the damages sustained.
COUNT IV
SLANDER AND DEFAMATION
111. Plaintiffs incorporate by
reference paragraphs 1 through 110.
112. The accusations that Plaintiff Danny Allen Wilson was a party
to Macomb County Circuit Court file number 1998-005163-DS and had left the
State of Michigan and did not pay support for his children contrary to MCL
750.165 were false.
113. Defendants Macomb County Sheriff’s Department, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, County
Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson and John Doe #7 published or
caused to be published the false remarks and false accusations that Plaintiff
Danny Allen Wilson was a party to Macomb County Circuit Court file number
1998-005163-DS and had left the State of Michigan and did not pay support for
his children contrary to MCL 750.165 to third parties with knowledge of the
falsity of these statements or in reckless disregard of their truth or falsity.
114. The publication was not privileged.
115. The publication of these false remarks and false accusations
has resulted in damage to Plaintiff’s reputation in the community and loss of
personal, individual and constitutional rights, including, but not limited to:
a. Loss of liberty;
b. Loss of property;
c. Loss of security in his person and private things;
d. Loss of good name and reputation;
e. Loss of free speech, free association and freedom to publically
address government grievances in Macomb County;
f. Embarrassment, shame, indignity, fright, fear, anxiety, panic,
nightmares, depression, emotional distress, loss of freedom, loss of property,
loss of sleep;
g. Other damages that may arise during the course of discovery and
the course of trial.
116. Defendants’ accusations were defamation per se.
PLAINTIFFS REQUEST that this Honorable Court enter
judgment against Defendants in an amount consistent with the damages sustained.
COUNT V
FALSE IMPRISONMENT
117. Plaintiffs incorporate by
reference paragraphs 1 through 116.
118. Defendants Macomb County Sheriff’s Department, Macomb County
Jail, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn
Wilson, County Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson and John Doe #7 knew or should
have known by a minimal inquiry through the Macomb County Friend of the Court
that Plaintiff Danny Allen Wilson was not a party to Macomb County Circuit
Court file number 1998-005163-DS and he had not left the State of Michigan and
that Plaintiff had paid his child support and arrears.
119. Defendants, either individually, or in concert, or through
principles of respondeat superior, obtained an
arrested warrant by giving a district court judge false information, and used
such warrant to arrest, physically restrain, detain, confine and imprison
Plaintiff Danny Allen Wilson in the Macomb County Jail for more than 24 hours
naked with only a blanket to cover him in a cold, damp and unsanitary jail cell
with a violent, mentally ill cell mate, all with intention of confining him.
120. Plaintiff Danny Allen Wilson was conscious of his confinement.
121. Defendants’ actions directly resulted in the actual
confinement of Plaintiff Danny Allen Wilson.
122. The arrest, detainment, confinement and imprisonment were
against Plaintiff Danny Allen Wilson’s will.
123. Defendants accomplished the arrest, detainment and
imprisonment by actual physical force and the deprivation of Plaintiff Danny
Allen Wilson’s liberty and freedom was intentional, unlawful, unprivileged, and
without probably cause.
124. The arrest, detainment and imprisonment was
unreasonable.
125. As a direct and proximate result of Defendants’ false arrest,
detention and imprisonment, Plaintiff Danny Allen Wilson has suffered injury and
damage, including the following:
a. Loss of liberty;
b. Loss of property;
c. Loss of security in his person and private things;
d. Loss of good name and reputation;
e. Physical injuries;
f. Pain, suffering and emotional distress;
g. Embarrassment, shame, indignity, fright, fear, anxiety, panic,
nightmares, depression, emotional distress, loss of freedom, loss of property,
loss of sleep;
d. Other injuries or damages that are found to be related to the
occurrence that appear or manifest themselves during the course of discovery
and trial.
126. As a direct and proximate result of Defendants’ false
imprisonment of Plaintiff Danny Allen Wilson, Plaintiff Janet M.
Frederick-Wilson has suffered fright, fear, anxiety, panic, loss
of sleep, loss of consortium, society and companionship.
PLAINTIFFS REQUEST that this Honorable Court enter judgment against
Defendants in an amount consistent with the damages sustained.
COUNT VI
ASSAULT AND BATTERY
127. Plaintiffs incorporate by
reference paragraphs 1 through 126.
128. At the Macomb County Jail during the date and times stated
above, Defendants Macomb County Sheriff’s Department, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, County
Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Defendant Jane Doe #1, Macomb County Friend of the Court, Lynn Davidson
and John Doe #7 Child Support Enforcement Officer made an intentional and
unlawful threat to do bodily injury to Plaintiff Danny A. Wilson by stripping
him naked and confining him in a cold, damp and unsanitary jail cell with a
violent, mentally ill cell mate for approximately 22 ½ hours.
129. The Defendants stripped Plaintiff Danny A. Wilson and confined
him in the cold, damp and unsanitary cell with a violent, mentally ill cell mate
for approximately 22 ½ hours against his will.
130. The threat to Plaintiff Danny A. Wilson was made under
circumstances that created in him a well-founded fear of imminent peril.
131. The Defendants had the apparent ability to carry out the act
if not prevented.
132. The act was not prevented, and Defendants willfully and
intentionally stripped Plaintiff naked, confined him in a cold, damp and
unsanitary jail cell with a violent, mentally ill cell mate for approximately
22 ½ hours.
133. As a direct and proximate result of Defendants’ assault and
battery of Plaintiff Danny Allen Wilson, Plaintiff suffered cold, illness,
extreme mental anguish, extreme emotional distress, embarrassment, shame,
indignity, fright, fear, anxiety, panic, nightmares, and depression.
134. As a direct and proximate result of the assault and battery,
Plaintiff Janet M. Frederick-Wilson has suffered fright, fear, anxiety, panic, loss of sleep, loss of consortium, society and
companionship.
PLAINTIFFS REQUEST that this Honorable Court enter judgment against
Defendants in an amount consistent with the damages sustained.
COUNT VII
MALICIOUS PROSECUTION
135. Plaintiffs incorporate by
reference paragraphs 1 through 135.
136. Defendants Macomb County Sheriff’s Department, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, County
Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Defendant Jane Doe #1, Macomb County Friend of
the Court, Lynn Davidson and John Doe #7 Child Support Enforcement Officer
instituted and initiated the allegations of criminal activity in violation of
MCL 750.165 of the Michigan Penal Code against Plaintiff Danny Allen Wilson
without probable cause and with malice.
137. Defendants Macomb County Sheriff’s Department, Mark A. Hackle,
D/Sgt. T. McFadden, Janice Lynn Wilson, County Prosecutor’s Office, Eric Smith,
Gretchen Schlaff, Defendant Jane Doe #1, Macomb
County Friend of the Court, Lynn Davidson and John Doe #7 Child Support
Enforcement Officer knew or should have known by a minimal inquiry through the
Macomb County Friend of the Court that Plaintiff Danny Allen Wilson was not and
has never been a party to Macomb County Circuit Court file number
1998-005163-DS.
138. Defendants’ Macomb County Sheriff’s Department, Sheriff Mark Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, Macomb
County Prosecutor’s Office, Eric J. Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson, and John Doe #7 Child Support
Enforcement Officer, drafted a Criminal Complaint and Affidavit (Exhibit 1) and
submitted these document to 16th District Court Judge to obtain an arrest
warrant against Plaintiff Danny Allen Wilson when Defendants knew or should
have known after a minimal inquiry that the information contained in these
documents was false.
139. Upon information and belief, Defendants instituted criminal charges
against Plaintiff Danny Allen Wilson for personal reasons, which include, but
are not limited to, the following:
a. Retaliation for Plaintiff’s political
activities and advocacy against the Macomb County Friend of the Court and
Sheriff’s Department;
b. Vexation;
c. Damage to Plaintiff’s political and professional reputation;
d. Damage to Plaintiff’s community reputation;
140. MCLA 600.2907, MSA 27A.2907 provides for civil and criminal
liability for every person who, for vexation, trouble, or with malice, causes
another to be arrested, attached, or in any way proceeded against by any
process of civil or criminal action, or in any other way manner prescribed by
law, to answer to the suit or prosecution of any person, without the consent of
such person, or where there is no such person known, shall be liable to the
person so arrested, attached or proceeded against, in treble the amount of the
damages and expenses sustained or incurred by him.
141. Judge Sebastian Lucido dismissed the
felony child support case against Plaintiff Danny Allen Wilson as Plaintiff
Danny Allen Wilson was not a party to Macomb County Circuit Court, in
file number 1998-005163-DS, and Plaintiff did not owe any child support arrears
in Macomb County Circuit Court file number 1993–002559-DM, Janice Lynn Wilson v
Danny Allen Wilson.
142. As a direct result of Defendants’ malice in making false
allegations that initiated the criminal child support charges, arrest, and
detainment in the Macomb County Jail for more than 24 hours, Plaintiff Danny
Allen Wilson has suffered damages, including, but not limited to, harm to his
political and professional reputation, harm to his community reputation,
monetary damages, mental anguish, emotional distress, embarrassment, shame,
indignity, fright, fear, anxiety, panic, nightmares, depression, loss of
freedom, loss of property, loss of sleep and being subjected to nakedness, fear
and fright from being detained naked in a cell with a mentally ill inmate,
mental interrogation by county contracted mental health professionals
Defendants Jane Doe #1 and Mark Schwartz and/or John Doe #6 and their threats
of commitment to a mental health facility.
143. As a direct and proximate result of Defendants’
malicious prosecution against Plaintiff Danny Allen Wilson, Plaintiff Janet M.
Frederick-Wilson has suffered fright, fear, anxiety, panic, loss of sleep, loss of consortium, society, companionship and
monetary damages.
PLAINTIFF REQUESTS that this court enter
judgment against Defendants for damages consistent with the injuries suffered,
costs, and attorney fees as the court deems proper.
COUNT VIII
ABUSE OF PROCESS
144. Plaintiffs incorporate by reference paragraphs 1 through 143.
145. Defendants Macomb County Sheriff’s Department, Mark A. Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson, County
Prosecutor’s Office, Eric Smith, Gretchen Schlaff,
Defendant Jane Doe #1, Macomb County Friend of the Court, Lynn Davidson
and John Doe #7 Child Support Enforcement Officer knew or should have known by
a minimal inquiry through the Macomb County Friend of the Court that Plaintiff
Danny Allen Wilson was not and has never been a party to Macomb County Circuit
Court file number 1998-005163-DS.
146. Defendants abused the criminal investigatory
and court process by using it for their ulterior motive or purpose to cause
vexation, trouble, embarrassment, fight, fear, silence, mental and emotional
distress, damage to Plaintiff Danny Allen Wilson’s political and professional
reputation and as retaliation for Plaintiff’s speeches, advocacy and protests
against Defendants’ unequal treatment of fathers in child support and parenting
time cases in Macomb County.
147. Specifically, upon information and belief, Defendant Janice
Lynn Wilson used her position and authority within the Macomb County Sheriff’s
Department and abused the criminal investigatory and
court process by using it for her ulterior motive or purpose to cause vexation,
trouble, embarrassment, fright, fear, emotional distress, damage to Plaintiff’s
political and professional reputation, damage to Plaintiff’s community
reputation, damage to Plaintiff’s relationship and reputation with his
children, and as retaliation for Plaintiff’s political and advocacy activities
against Defendants’ unequal treatment of fathers in child support and parenting
time case in Macomb County.
148. As a corroborating act of Defendants’ improper purpose,
Defendants’ Macomb County Sheriff’s Department, Sheriff Mark Hackel, Deputy Sheriff Sargent T.
McFadden, Janice Lynn Wilson, Macomb County Prosecutor’s Office, Eric J. Smith,
Gretchen Schlaff, Macomb County Friend of the Court,
Lynn Davidson, and John Doe #7 Child Support Enforcement Officer, drafted a Criminal
Complaint and Affidavit (Exhibit 1) and submitted these document to 16th
District Court Judge to obtain an arrest warrant against Plaintiff Danny Allen
Wilson when Defendants knew or should have known after a minimal inquiry that
the information contained in these documents were false.
149. As a corroborating act of Defendants’ improper purpose,
Defendants Macomb County Sheriff’s Department, Sheriff Mark Hackel,
D/Sgt. T. McFadden, Janice Lynn Wilson, Macomb County Friend of the Court, Lynn
Davidson, and/or John Doe #7 entered or caused to be entered on the LEIN the
arrest warrant issued by the 16th District Court containing the false
allegations.
150. As a corroborating act of Defendants’ improper purpose, Defendants’
Macomb County Sheriff’s Department, Sheriff Mark Hackel,
D/Sgt. T. McFadden, Janice Lynn Wilson, Macomb County Prosecutor’s Office, Eric
J. Smith, Gretchen Schlaff, Macomb County Friend of
the Court, Lynn Davidson, and John Doe #7 Child Support Enforcement Officer,
drafted a Criminal Complaint and Affidavit (Exhibit 1) continued to pursue
charges against Plaintiff Danny Allen Wilson in the 16th District Court
by arraigning him before the judge and continuing with a pre-trial hearing for
four (4) weeks after his arrest when Defendants knew or should have known after
a minimal inquiry that the information contained in these documents were false.
151. Defendants Macomb County Sheriff’s Department, Sheriff
Mark Hackel, D/Sgt. T. McFadden, Janice Lynn Wilson,
Macomb County Prosecutor’s Office, Eric J. Smith, Gretchen Schlaff,
Macomb County Friend of the Court, Lynn Davidson, and John Doe #7 Child Support
Enforcement Officer submission of the Complaint and Affidavit, as well as their
false statements to the 16th District Court Judge were false, wilful and intentional.
152. The allegations and misuse of the criminal investigatory
and criminal court process was improper since Defendants knew, or should have
known, that the allegations against Plaintiff Danny Allen Wilson were false.
153. As a direct result of Defendant’s abuse of the criminal investigatory and criminal court process, Plaintiff Danny
Allen Wilson has suffered damages, including, but not limited to, harm to his
political and professional reputation, harm to his community reputation,
monetary damages, mental anguish, emotional distress, embarrassment, shame,
indignity, fright, fear, anxiety, panic, nightmares, depression, loss of
freedom, loss of property, loss of sleep and being subjected to nakedness, fear
and fright from being detained naked in a cell with a mentally ill inmate,
mental interrogation by county contracted mental health professionals
Defendants Jane Doe #1 and Mark Schwartz and/or John Doe #6 and their threats
of commitment to a mental health facility.
154. As a direct and proximate result of Defendants’ abuse of the
criminal investigatory and criminal process against
Plaintiff Danny Allen Wilson, Plaintiff Janet M. Frederick-Wilson has suffered
fright, fear, anxiety, panic, loss of sleep, loss of consortium, society,
companionship and monetary damages.
PLAINTIFF REQUESTS that this court enter
judgment against Defendants for damages consistent with the injuries suffered,
costs, and attorney fees as the court deems proper.
COUNT IX
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
155. Plaintiffs incorporate by
reference paragraphs 1 through 154.
156. Defendants’ Macomb County, Macomb County Sheriff’s Department,
Macomb County Jail, Mark A. Hackel, D/Sgt. T.
McFadden, Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3, John Doe
#4, John Doe #5, Defendant Jane Doe #1 a social worker, and Defendant Mark
Schwartz and/or John Doe #6, Macomb County Prosecutor’s Office, Eric Smith,
Gretchen Schlaff, Macomb County Friend of the Court,
Lynn Davidson and John Doe #7, conduct as outlined above in paragraphs 1
through 154 was intentional.
157. Defendants’, Macomb County, Macomb County Sheriff’s
Department, Macomb County Jail, Mark A. Hackel,
D/Sgt. T. McFadden, Janice Lynn Wilson, John Doe #1, John Doe #2, John Doe #3,
John Doe #4, John Doe #5, Defendant Jane Doe #1 a social worker, and Defendant
Mark Schwartz and/or John Doe #6, Macomb County Prosecutor’s Office, Eric
Smith, Gretchen Schlaff, Macomb County Friend of the
Court, Lynn Davidson and John Doe #7, conduct as outlined above in paragraphs 1
through 154 was extreme, outrageous, and of such character as not to be
tolerated by a civilized society.
158. Defendants’ conduct as outlined in paragraphs 1 through 154 was for
an ulterior motive and purpose.
159. Defendants’ conduct as outlined in paragraphs 1 through 154
resulted in severe and serious mental and emotional distress.
160. As a direct and proximate result of Defendants’ conduct,
Plaintiff Danny Allen Wilson has suffered extreme mental anguish, extreme
emotional distress, embarrassment, shame, indignity, fright, fear, anxiety,
panic, nightmares, depression, loss of freedom, loss of property, loss of
sleep.
161. As a direct and proximate result of Defendants’ conduct,
Plaintiff Janet M. Frederick-Wilson has suffered extreme mental anguish,
extreme emotional distress, fright, fear, anxiety, panic, loss
of sleep, a loss of consortium, society, companionship and monetary damages.
PLAINTIFF REQUESTS that this
court enter judgment against Defendants for damages consistent with the
injuries suffered, costs, and attorney fees as the court deems proper.
JURY DEMAND
NOW COMES Plaintiffs Danny Allen Wilson and
Janet M. Frederick-Wilson and hereby makes their demand for a Jury in the Trial
of this matter.
Respectfully
submitted,
__________________________________________
CHIKETA R. PALMORE (P63927)
ATTORNEY FOR PLAINTIFFS
30445 Northwestern Hwy, Ste. 130
Farmington Hills, Michigan 48334
(248) 737-3640
__________________________________________
JANET M. FREDERICK-WILSON (P53072)
ATTORNEY FOR PLAINTIFFS
21925 Garrison St.
Dearborn, Michigan 48124
(313) 724-9815
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