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WAYNE T. KOUNS
8266 Mentor Avenue Mentor, Ohio 44060 Plaintiff,

llCV001410 RICHARD L COLLINS JR

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c/o Richard A, Hennig, Law Director 8500 Civic Center Boulevard Mentor, Ohio 44060 +and-:

) COMPLAINT
~ [Jury Demand En1rsed
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Hereon]

JOHN DOES 1 - 3
Names and addresses currently unknown Defendants.

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Now comes the Plaintiff, by and through counsel, and for his Complaint against the Defendants hereby states as follows:

Parties and Jurisdiction 1. At all times relevant, Plaintiff Wayne T. Kouns ("Kouns") was a citizen and resident
of the State of Ohio, County of Lake, City of Mentor, Ohio with a principal place of residence as first set forth above. 2. At all times relevant, Defendant City of Mentor, Ohio Police Department ("Mentor PD") was a lawful police department organized under the City of Mentor, Ohio's charter and other organizational documents.

3. Defendant

John

Does 1 - 3 are people or entities which may be liable to the Plaintiff

but whose identities and addresses are presently unknown to same despite reasonable inquiry.

Background Facts:
4. On or about March, 2011, Plaintiff was arrested by Defendant Mentor PD for an alleged parole violation stemming from his prior incarceration while in California. 5. Upon learning that he was being arrested by Defendant for this reason, Plaintiff

advised Defendant Mentor PD that he had been released from the parole authority and was not on parole of any kind from any other jurisdiction. 6. Despite this, Defendant Mentor PD detained Plaintiff for several weeks in the Lake County jail, eventually extraditing him to California. 7. Upon his arrival in California, officials there confirmed that Plaintiff was not in

violation of any parole of any kind and made arrangements to return him to Mentor, Ohio. 8. This entire debacle resulted in Plaintiff being wrongfully arrested and detained for nearly a month, during which time his son passed away without his knowledge.

Count I - Wrongful Arrest

9. Plaintiff restates and realleges each and every allegation set forth above in Paragraphs 1 through 8 as if fully rewritten herein. 10. County jail. 11. Said arrest and detention was without legal authority. 12. Said arrest and detention was not accomplished pursuant to accepted legal procedure. Defendant Mentor PD intentionally arrested and detained Plaintiff in the Lake

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13. As a direct-and proximate result of said arrest and detainment, Plaintiff was, is and continues to be damaged in an amount to be more fully set forth at trial.

Count II - False Imprisonment

14. Plaintiff festates and realleges each and every allegation set forth above In

Paragraphs 1 through 13 as if fully rewritten herein. 15. Defendant Mentor PD intentionally falsely imprisoned Plaintiff. 16. Said imprisonment was without legal authority. 17. Said imprisonment was not accomplished pursuant to accepted legal procedure. 18. As a direct and proximate result of said imprisonment,Plaintiff to be damaged in an amount to be more fully set forth at trial. was, is and continues

Count Three - Gross Negligence

19. Plaintiff restates and realleges each and every allegation set forth above In

Paragraphs 1 through 18 as if fully rewritten herein. 20. The Defendant Mentor PD had a duty to ensure that it only arrested, detained and

imprisoned citizens for lawful reasons through proper procedures; 21. Defendant Mentor PD violated said duty to Plaintiff; 22. Defendant Mentor PD's violation of said duty, in light of Plaintiff's advising it upon several occasions of its mistake, was grossly negligent, wanton and reckless. 23. As a direct and proximate result of said grossly negligent conduct, Plaintiff was, is and continues to be damaged in an amount to be more fully set forth at trial.

WHEREFORE

Plaintiff prays for judgment against Defendants, jointly and severally, in

an amount of not less than Twenty Five Thousand Dollars and No Cents in compensatory

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damages, plus punitivedamages,
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plus costs, plus attorneys fees, plus such other legal and

equitable relief as this Honorable Court deemsjust, fit and proper.

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v.,

Jury Demand Plaintiff hereby demands a trial by jury wi law as to each issue.