Case 1:19-cv-00270-DDD-JPM Document 1 Filed 03/02/19 Page 1 of 12 PageID #: 1

UNITED STATES DISTRICT COURT

WESTERN DISTRCIT OF LOUISIANA
ALEXANDRIA DIVISION

JORDAN ARNOLD NUMBER: ________________________

VERSUS JUDGE ___________________________

RAPIDES PARISH SHERIFF WILLIAM MAGISTRATE JUDGE _______________

EARL HILTON, CORRECTIONS OFFICER
CODY DARNELL RICHARDSON, AND
OTHER UNNAMED OFFICERS AND
DEPUTIES

COMPLAINT

I. JURISDICTION

1. This action is brought pursuant to 42 U.S.C. §§ 1983, 1988, pursuant to the Eighth

and Fourteenth Amendments to the United States Constitution, including the Due

Process Clause, pursuant to Louisiana Constitution, Article I, §§ 2, 20, and

Louisiana Civil Code article 2315.

2. Jurisdiction is founded on 28 U.S.C. §§ 1331 and 1343 and the aforementioned

federal statutory and constitutional provisions.

3. Plaintiff further invokes the pendant jurisdiction of this Court to consider claims

arising under state law.

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II. PARTY PLAINTIFF

4. Jordan Arnold is a person of the full age of majority and a resident of the Parish of

Rapides, City of DeVille, State of Louisiana.

III. PARTY DEFENDANTS

5. Defendant William Earl Hilton, Rapides Parish Sheriff, and the Rapides Parish

Sheriff’s Office (hereafter “RPSO”), at all relevant times, were the employers of

defendant, Cody Darnell Richardson, and other unknown RPSO

deputies/corrections officers/deputy corrections officers/officials/employees.

6. Accordingly, Hilton and the RPSO are liable directly and vicariously for the actions

complained of herein.

7. Defendant Hilton is a person of the full age of majority, is a resident of the Western

District of Louisiana, and, during all relevant times herein, Hilton was the duly

elected Sheriff of Rapides Parish, had authority over the RPSO, its policies,

procedures, customs, practices, and operations, specifically those dealing with the

treatment and punishment of inmates and prisoners and the administration and

provision of medical care to inmates and prisoners, and the interpretation of

statutory and case law related to the punishment of prisoners/inmates, the treatment

of prisoners/inmates, and the administration of medical care to prisoners/inmates,

was a final policy maker for the RPSO, and was responsible for hiring, training,

supervising, and disciplining defendant Richardson and other unknown RPSO

deputies/officials/corrections officers/deputy corrections officers/employees; and

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at all relevant times herein, he was acting under color of law and in the course and

scope of his employment.

8. Defendant, Richardson, is a person of the full age of majority, is, on information

and belief, a resident of the Western District of Louisiana, and, at all relevant times,

was employed by the RPSO and was acting under the color of law and in the course

and scope of his employment.

9. On information and belief, unknown defendants, including, but not necessarily

limited to, RPSO deputies/officials/corrections officers/deputy corrections

officers/employees, are persons of the full age of majority, are residents of the

Western District of Louisiana, are or were, at all relevant times, employed by the

RPSO, and at all relevant times herein, were acting under the color of law and in

the course and scope of their employment.

10. References to “defendant” or “defendants” herein shall mean one or more of the

individuals and entities described in paragraphs 5 through 9, above and participants

and/or coconspirators acting in concert with them. Plaintiff sues the individual

defendants in paragraphs 5 and 7 through 9 in their individual and official

capacities.

IV. STATEMENT OF FACTS

11. On or about March 19, 2018, Arnold was a prisoner/inmate at the Rapides Parish

Detention Center.
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12. While in or near his cell in the Detention Center, Arnold was ordered to re-enter his

cell and close the cell door.

13. Due to a known technical difficulty with the door, Arnold was unable to close the

door as fast as Richardson wished.

14. As a result of Richardson’s frustration with Arnold “interrupting” Richardson’s

efforts to eat his cereal, Richardson became hostile toward Arnold.

15. During the interaction between Richardson and Arnold, Richardson and Arnold

were in the presence of other inmates/ prisoners and of other unknown corrections

officers and/or deputy corrections officers.

16. During the interaction between Richardson and Arnold, Richardson suddenly,

unexpectedly, without consent, without warning, and without probable cause,

reasonable suspicion, reasonable cause, or other statutory authority tazed Arnold

repeatedly, initially while Arnold was standing and then when Arnold was

defenseless on the ground.

17. Instead of stopping Richardson or rendering aid to Arnold, other unknown

corrections officers and/or deputy corrections officers stood by or walked away, as

Richardson tortured and mocked Arnold and threatened Arnold with further

violence, and as Arnold was not rendered aid or taken to get proper immediate

medical care.
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18. As a result of being tazed repeatedly by Richardson, Arnold suffered immediate

and severe pain and mental suffering, emotional distress, and humiliation, and

Arnold requested medical care.

19. Despite the attack in the open that was witnessed by prisoners/inmates and other

corrections officers and/or deputy corrections officers, proper reports were not

made in a timely manner and Arnold had to call a Prison Rape Elimination Act

hotline to report the abuse, which was ignored by the RPSO.

20. At no time during this incident did Arnold have or appear to have possession of a

weapon.

21. At no time during this incident did Arnold threaten his own life or safety or the

lives or safety of others.

22. At no time during this incident did Arnold threaten anyone.

23. Richardson’s use of force during this incident, including tazing Arnold was without

just cause, was extreme, outrageous, and excessive, and was in violation of

reasonable police/corrections standards, policies, and training, including failure to

exercise reasonable precautions to protect the safety of himself and others; it also

deliberately exposed Richardson, Arnold, and others to a dangerous situation.

24. After Richardson battered Arnold, Richardson and other unknown RPSO

deputies/officials/corrections officers/deputy corrections officers/employees failed

to request any/any appropriate immediate medical care for Arnold and failed to

provide any/any appropriate immediate medical care for Arnold.

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V. FIRST CAUSE OF ACTION

25. As a result of the above-described conduct, Arnold was deprived of his

constitutional rights to be free from cruel and unusual punishment and to be free

from unjust, excessive, and unreasonable use of force, pursuant to the Eight and

Fourteenth Amendment to the United States Constitution, including, but not limited

to, the Due Process Clause, 42 U.S.C. §§ 1983, 1988, and Louisiana Constitution,

article 1, §§ 2, 20.

26. At all times relevant herein, the defendants acted unreasonably, recklessly, and with

deliberate indifference and disregard for the constitutional, civil, and statutory

rights, and the life and safety, of Arnold.

27. Arnold further alleges that the above-described conduct of the defendants was the

proximate cause and the cause in fact of the violation of his constitutional, civil,

and statutory rights and his physical, emotional, and mental injuries set forth below.

28. As a result of the defendants’ conduct, Arnold suffered injuries, including, but not

necessarily limited to, physical pain and suffering and mental and emotional pain

and suffering.

29. As a result of the defendants’ above-described conduct, Arnold suffered and

continues to suffer from extreme and severe mental pain and suffering and

emotional distress.

30. As a result of the defendants’ above-described conduct, Arnold suffered cruel,

unusual, and excessive use of force and punishment.

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VI. SECOND CAUSE OF ACTION

31. Plaintiff repeats and realleges each and every allegation of paragraphs 1 through 30

of his compliant.

32. On information and belief, Hilton and the RPSO failed to establish and/or to enforce

reasonable policies, procedures, customs, practices, and/or operations, specifically

those dealing with the treatment and punishment of inmates and prisoners and the

administration and provision of medical care to inmates and prisoners, and/or

establish customs, policies, and practices which directly and proximately caused

the deprivation of the civil, constitutional, and statutory rights of Arnold as alleged

herein, and the damages and injuries as described. In part, Hilton and RPSO knew

or should have known of prior incidents in which RPSO corrections officers and/or

deputy corrections officers knew of and ignored assaults and batteries on

prisoners/inmates and/or openly allowed prisoners/inmates additional time to

assault/batter other prisoners/inmates who had been charged and/or convicted of

certain crimes, which resulted in prior incidents of unpunished and unchecked

unnecessary and excessive force against/punishment of inmates/prisoners.

33. These written and unwritten policies, customs, and practices included, among

others, inadequate, unreasonable, and improper policies, procedures, customs,

practices, and/or operations, specifically those dealing with the treatment and

punishment of inmates and prisoners and the administration and provision of

medical care to inmates and prisoners.

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34. At all relevant times herein, defendants acted unreasonably, recklessly, and with

deliberate indifference, and disregard for the constitutional, civil, and statutory

rights, and for the life and safety, of Arnold.

35. On information and belief, the conduct of Hilton, the RPSO, and RPSO

deputies/officials/corrections officers/deputy corrections officers/employees was

without just cause was extreme and outrageous, and was in violation of reasonable

standards and policies, including failure to observe inmates’/prisoner’s/detainee’s

constitutional rights to be from free unlawful, unreasonable, and excessive use of

force and punishment.

36. Hilton, the RPSO, and deputies/officials/corrections officers/deputy corrections

officers/employees under their supervision, knew or should have known that their

acts were wrongful because of controlling state and federal case law.

VII. THIRD CAUSE OF ACTION

37. The pendant jurisdiction of the Court is invoked for all claims under state law.

38. Plaintiff repeats and re-alleges each and every allegation in paragraphs 1 through

30 and 32 through 37 of the complaint.

39. All individual defendants were acting in the course and scope of their employment

with the RPSO, and thus Hilton and the RPSO are vicariously liable for the above-

described conduct and for the injuries and damages caused by said conduct.

40. Hilton and the RPSO are liable jointly, severally, and in solido with the individual

deputies/officials/corrections officers/deputy corrections officers/employees for

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the wrongs complained of herein by virtue of encouraging, aiding, abetting,

counseling, and condoning the commission of the above-described acts and by

failure to establish proper policies and the failure to properly screen, train,

supervise, and discipline RPSO deputies/officials/corrections officers/deputy

corrections officers/employees.

41. At all times relevant herein, the defendants acted negligently, intentionally, and/or

recklessly when they violated the constitutional, civil, and statutory rights or Arnold

in the following non-exclusive particulars:

a. Using excessive, unreasonable and illegal force against Arnold;

b. Failing to take the necessary precautions to avoid the occurrence of the type

of incident that occurred in this case;

c. Failing to obtain proper training;

d. Failing to utilize proper training skills;

e. Acting outrageously and with deliberate indifference to the constitutional,

civil, and statutory rights of Arnold;

f. Intentionally violating and interfering with the constitutional, civil, and

statutory rights of Arnold;

g. Maliciously violating and interfering with the constitutional, civil, and

statutory rights of Arnold;

h. Negligently violating and interfering with constitutional, civil, and statutory

rights of Arnold;
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i. Intentionally inflicting emotional distress on Arnold;

j. Intentionally and maliciously inflicting severe mental, physical, and

emotional injuries on Arnold;

k. Assaulting and battering Arnold;

l. Denying the liberty of Arnold;

m. Committing gross negligence;

n. Cruelly and inhumanely treating and punishing Arnold; and

o. Other negligent, grossly negligent, reckless, malicious, and intentional

conduct and violations to be shown at trial.

42. Plaintiff further alleges that these actions were the proximate cause and cause in

fact of the above- and below-described injuries and damages.

43. As a result of the actions of the defendants as described above, damages have been

incurred and are being asserted, in accordance with La. C.C. art. 2315 as follows:

a. Past, present, and future physical, mental, and emotional pain and suffering,

mental anguish, and grief;

b. Past, present, and future loss of enjoyment of life;

c. Past, present, and future expenses for medical, psychological, and other

professional services that may be rendered because of the above-described

injuries;

d. Past, present, and future depression and anxiety;

e. Past, present, and future lost income and earning capacity; and
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f. Past, present, and future emotional distress, embarrassment, and

humiliation;

All in amounts to be proven at the trial herein.

44. Arnold shows that it may be necessary to employ experts to testify herein and that

the expert fees for said experts should be fixed and taxed as costs and defendants

be condemned jointly, severally, and in solido to pay same.

45. Plaintiff requests trial by jury as to all issues set forth herein so triable by a jury.

WHEREFORE PLAINTIFF, JORDAN ARNOLD, PRAYS that:

I. Defendants, RAPIDES PARISH SHERIFF, WILLIAM EARL HINTON,

DEPUTY CORRECTIONS OFFICER CODY DARNELL RICHARDSON,

AND OTHER UNNAMED OFFICERS AND DEPUTIES, be ordered to pay

restitution and other sums in an amount as yet undetermined, for the above-

described violations of the constitutional, civil, and statutory rights of plaintiff,

JORDAN ARNOLD, or otherwise as necessary to make plaintiff whole by reason

of defendants’ unlawful acts.

II. Plaintiff be awarded compensatory damages and punitive damages.

III. Plaintiff be awarded prejudgment and/or legal interest

IV. This Honorable Court declare that defendants have deprived plaintiff of his above-

described constitutional, civil, and statutory rights.

V. Plaintiff be awarded costs of litigation including expenses, expert witness fees, and

reasonable attorney’s fees.

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VI. Plaintiff be allowed a trial by jury for those matters so triable by a jury.

VII. This Honorable Court grant such other and further relief against defendants and in

favor of the plaintiff as may be necessary, proper, and just.

Respectfully submitted
THE HARVILLE LAW FIRM, LLC

By: /s/ Douglas Lee Harville

Douglas Lee Harville #27235
P.O. Box 52988
Shreveport, LA 71135-2988
Telephone: (318) 222-1700
Facsimile: (318) 222-1701

/s/ Michael J. Vergis

Michael J. Vergis #24900
Attorney at Law
1701 Old Minden Road
Suite 17A
Bossier City, LA 71111
Telephone: (318) 698-3724
Facsimile: (318) 231-2246
ATTORNEYS FOR JORDAN ARNOLD
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JS 44 (Rev. 0) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS RAPIDES PARISH SHERIFF WILLIAM EARL

JORDAN ARNOLD HILTON, CORRECTIONS OFFICER CODY DARNELL
RICHARDSON, AND UNNAMED CORRECTIONS OFFICERS
(b) County of Residence of First Listed Plaintiff RAPIDES County of Residence of First Listed Defendant RAPIDES
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
DOUGLAS LEE HARVILLE, THE HARVILLE LAW FIRM, LLC, P.O. BOX
52988, SHREVEPORT, LA 71135; MICHAEL J. VERGIS, ATTORNEY
AT LAW, 1701 OLD MINDEN ROAD, BOSSIER CITY, LA 71111

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 485 Telephone Consumer
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) Protection Act
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 490 Cable/Sat TV
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 850 Securities/Commodities/
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) Exchange
u 362 Personal Injury - Product Liability u 751 Family and Medical u 890 Other Statutory Actions
Medical Malpractice Leave Act u 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS u 893 Environmental Matters
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 895 Freedom of Information
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) Act
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party u 896 Arbitration
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 u 899 Administrative Procedure
u 245 Tort Product Liability Accommodations u 530 General Act/Review or Appeal of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: u 462 Naturalization Application u 950 Constitutionality of
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration State Statutes
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. §§ 1983, 1988; EIGHTH AND FOURTEENTH AMENDMENTS TO THE U.S. CONSTITUTION
VI. CAUSE OF ACTION Brief description of cause:
VIOLATION OF PRISONER'S CIVIL RIGHTS; EXCESSIVE PUNISHMENT
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
03/02/2019 /S/ DOUGLAS LEE HARVILLE
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE