Case 2:19-cv-00573-JCM-CWH Document 1 Filed 04/05/19 Page 1 of 9

1 E. BRENT BRYSON, ESQ.

E. BRENT BRYSON, LTD.
2 Nevada Bar No. 4933
7730 West Sahara Ave., Suite 109
3 Las Vegas, Nevada 89117
(702) 364-1234 PHONE
4 (702) 364 -1442 FAX
5 Attorney for Taccara Brooks

6 UNITED STATES DISTRICT COURT

7 DISTRICT OF NEVADA

9 TACCARA BROOKS, individually, and as

(Proposed) Special Administratrix of the Estate Case No.
10 of Anthony Garrett,
11 Plaintiffs, COMPLAINT
12 vs.
(Jury Trial Demanded)
13 LAS VEGAS METROPOLITAN POLICE
DEPARTMENT; DOE OFFICERS I through
14 X; DOES XI through XX, inclusive,
15 Defendants.
16

17 COMES NOW Plaintiffs, TACCARA BROOKS, individually, and as (Proposed) Special

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Administratrix of the Estate of Anthony Garrett, by and through her attorney E. BRENT
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BRYSON, ESQ. of the law offices of E. BRENT BRYSON, LTD. and as and for her Complaint
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against Defendants, and each of them states as follows:
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22 INTRODUCTION

23 1. This is a civil rights and wrongful death action arising under both Federal and

24 State law for damages resulting from what Plaintiffs allege to be the wrongful killing of Anthony
25 Garrett.
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DEMAND FOR JURY TRIAL
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2. Plaintiffs demand a jury trial.
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1 JURISDICTION
(Federal Causes of Action)
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3. This action is brought by Plaintiffs pursuant to 42 U.S.C. §1983 to redress
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4 violations perpetrated by the law enforcement Defendants while acting under color of state law,

5 municipal law, custom and/or policy of certain rights secured to the Plaintiffs by the Fourth,
6 Fifth and Fourteenth Amendments to the United States Constitution. Jurisdiction is conferred
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upon this Court pursuant to 28 U.S.C. §1331 and §1343.
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JURISDICTION FOR THE STATE CAUSES OF ACTION
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4. Jurisdiction for the causes of action under the statutes of the State of Nevada is
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11 conferred upon this Court by the doctrine of pendent jurisdiction pursuant to 28 U.S.C. §1367.

12 VENUE

13 5. Venue is proper in the District of Nevada pursuant to 28 U.S.C. §1391(b) as the

14 claims arose in the Southern District of Nevada.
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THE PARTIES
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6. Plaintiff, Taccara Brooks (Taccara), is the mother of Decedent, Anthony Garrett
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(Anthony) and was at all times relevant herein, a resident of the State of Nevada.
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19 7. Plaintiff, Taccara Brooks, is in the process of petitioning the Eighth Judicial

20 District Court, Clark County, Nevada, to be appointed as Special Administratrix of the Estate of

21 Anthony Garrett and is and was at all times relevant herein a resident of the State of Nevada.
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8. The Defendant Las Vegas Metropolitan Police Department is a legal entity for the
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purposes of 42 U.S.C. §1983. Defendant Las Vegas Metropolitan Police Department
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(hereinafter referred to as “Metro”) is responsible for the hiring, control, and supervision of all of
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its police officers and agents, as well as for the implementation and maintenance of official and
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27 unofficial policies pertaining to the day to day functioning of its officers and agents.

28 9. Defendant Doe Officers I through X, inclusive, are the individual members of

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1 Metro who assisted in, participated in, facilitated, permitted or allowed the violation of Plaintiffs’

2 civil rights and or the killing of Anthony. Plaintiffs will ask leave of this Court to insert the true
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names and capacities of such DOE Defendants when the same have been ascertained and will
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further seek leave to join said DOE Defendants in these proceedings.
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10. Defendant Roe Officers XI through XX, inclusive, are supervisory and/or policy
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making officials of Metro, as yet unidentified, who have adopted, implemented, maintained or
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8 tolerated policies which permitted, facilitated or allowed the violation of the Plaintiff’s civil

9 rights and/or the killing of the Decedent Anthony or who have negligently trained, hired or
10 supervised officers, agents or employees of Metro. Plaintiffs will ask leave of this Court to insert
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the true names and capacities of such Defendants when the same have been ascertained and will
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further ask leave to join said Defendants in these proceedings.
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11. At all times relevant to this Complaint, all of the actions of the Defendants and
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15 each of them were performed under color of state law and pursuant to their authority as police

16 officers.

17 12. That at all times relevant hereto, Defendants, and each of them, were the agents,
18 servants, employers and/or employees of each other and were acting within the course and scope
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of said relationship.
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FACTS
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13. On July 12, 2017, Taccara heard a knock on the front door. When Tacarra
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23 answered the door, she saw a uniformed Metro officer and an individual that identified himself

24 as a plain clothes detective. The officers asked if they could search Anthony’s room because

25 they believed that Anthony was involved in some burglaries. Taccara consented for the officers
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to search Anthony’s room. After the first two officers went upstairs, additional officers and
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detectives arrived on scene. One officer stayed with Taccara and prevented Taccara from going
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1 upstairs to her room. Other officers were upstairs for an extended period of time searching the

2 house. It was reported that an officer outside saw Anthony hiding in some bushes. Apparently,
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Anthony ran around the house with an officer in pursuit. Anthony then ran into his house and
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ran upstairs where officers were present. Within a short period of time, Taccara heard a shot, but
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was given no information about the shot by officers. After the shot was fired, the scene was
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treated as a barricaded suspect situation and SWAT was called. Taccara was then removed from
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8 the house along with other family members and a friend. Metro Officers then allowed a K-9 dog

9 to bite and drag Anthony after being shot and while he was still alive. Almost seven (7) hours
10 passed from the time of the shot until Anthony was transported to a hospital. It was during this
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delay that Tacarra learned that her son had been shot.
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FIRST CAUSE OF ACTION
13 (Violations of Civil Rights to Life and Security
14 of Person, 42 U.S.C. §1983)

15 14. Plaintiffs incorporate by reference paragraphs 1 through 13 as though fully set

16 forth herein.
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15. Doe Officers acted under color of law in failing to timely render medical care to
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“Anthony” and allowing a K-9 dog to drag and bite Anthony without lawful justification,
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subjecting Anthony to excessive force, therefore depriving Taccara and Anthony of certain
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constitutionally protected rights, including but not limited to:
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22 a. The right to not be deprived of life or liberty without due process of law as

23 guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution;
24 b. The right to be free from excessive use of force by law enforcement
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officers as guaranteed by the Fourth, Fifth and Fourteenth Amendments to the United States
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Constitution; and
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c. The right to be free from pre-conviction punishment as guaranteed by the
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1 Fourth, Fifth and Fourteenth Amendments to the United States Constitution.

2 16. That as a proximate result of the foregoing wrongful acts of Defendants and each
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of them and the death of Decedent Anthony, Plaintiffs have been deprived of the society, love,
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comfort, companionship and services of Anthony.
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17. That as a further proximate result of Defendants’ wrongful and unlawful conduct
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as alleged above, Anthony has lost the enjoyment of life. The wrong and unlawful acts
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8 perpetrated by Defendants in intentionally disregarding the constitutional rights of Taccara and

9 Anthony were wilful, oppressive, malicious and with wanton disregard for the established rights
10 of Taccara and Anthony, and Plaintiffs are therefore entitled to punitive damages.
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SECOND CAUSE OF ACTION
12 (Violation of Plaintiff’s Civil Rights-Familial Relationships
13 42 U.S.C. §1983)
14 18. Plaintiffs incorporate by reference paragraphs 1 through 17 as though fully set

15 forth herein.
19. Defendants and each of them, acting under color of state law, deprived Taccara of
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17 her right to a familial relationship without due process of law by seizing Anthony by use of

18 unreasonable and unjustified force and violence, causing injuries which resulted in Anthony’s

19 death, all without provocation and in violation of rights, privileges and immunities secured by
20 the First, Fourth and Fourteenth Amendments to the United States Constitution, all to Plaintiffs’
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damages as hereinabove alleged.
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20. That as a proximate result of the foregoing wrongful acts of Defendants, and each
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of them, and of the death of Anthony, Taccara has been deprived of the society, love, comfort,
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25 companionship and services of her son Anthony.

26 21. That the wrong and unlawful acts perpetrated by the Defendants, and each of

27 them, in intentionally disregarding the constitutional rights of the Taccara and her son Anthony
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1 were wilful, oppressive, malicious and with wanton disregard for the established rights of

2 Taccara and Anthony, Taccara is therefore entitled to punitive damages.

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THIRD CAUSE OF ACTION
4 (Violation of Plaintiff’s Civil Rights -
Municipal Liability 42 U.S.C. §1983)
5

6 22. Plaintiffs incorporate by reference paragraphs 1 through 21 as though fully set

7 forth herein.

8 23. Plaintiffs further allege, upon information and belief, that it is the policy, practice
9 and custom of Metro to tolerate and ratify the use of excessive and unreasonable force by its
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officers.
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24. Plaintiffs also allege, upon information and belief, that it is the policy, practice
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and custom of Metro to negligently hire, train and supervise its officers, agents and employees.
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14 FOURTH CAUSE OF ACTION

(Wrongful Death)
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25. Plaintiffs incorporate by reference paragraphs 1 through 24 as though fully set
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forth herein.
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26. Plaintiffs, upon information and belief, allege that Defendants, and each of them,
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are responsible by their actions for the occurrences and injuries herein alleged.
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21 27. Defendant Doe Officers used unreasonable force and intentionally, wantonly,

22 wilfully, maliciously, oppressively and without just provocation or cause proximately brought
23 about the death of Anthony and the injuries sustained by Plaintiffs by withholding medical
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attention to Anthony and allowing Anthony to be bitten and dragged by a Police K-9 dog while
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Anthony was alive. Defendant Doe officers then failed to secure and render immediate medical
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attention for Anthony instead leaving him to bleed and ultimately expire. Upon information and
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28 belief, Metro ratified the Doe Officers’ conduct.

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1 28. That the wrong and unlawful acts perpetrated by the Defendants, and each of

2 them, in intentionally disregarding the rights of Taccara and Anthony were wilful, oppressive,
3
malicious and with wanton disregard for the established rights of Taccara and Anthony, and
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therefore Plaintiffs are entitled to an award of punitive damages.
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29. As a direct and proximate result of Defendants' conduct and each of them as
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herein alleged, Taccara and Anthony have been damaged in an amount in excess of $15,000.00,
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8 the exact amount to be proven at trial.

9 FIFTH CAUSE OF ACTION

10 (Negligence)

11 30. Plaintiffs incorporate by reference paragraphs 1 through 29 as though fully set

forth herein.
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31. At all times mentioned herein, Defendants and each of them, were subject to a
13
duty of care to avoid causing unnecessary physical harm and distress to citizens in the exercise of
14

15 the police function. The conduct of Defendants as set forth herein did not comply with the

16 standard of care to be exercised by reasonable police officers, thus, the Defendants, and each of

17 them, breached their duty of care.

18 32. As a direct and proximate result of Defendants' negligence as herein alleged,
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Plaintiffs have been damaged in an amount in excess of $15,000.00, the exact amount to be
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proven at trial.
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SIXTH CAUSE OF ACTION
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(Negligent Supervision and Training)
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33. Plaintiffs incorporate by reference paragraphs 1 through 32 as though fully set
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25 forth herein.

26 34. Upon information and belief, Defendant Metro had prior notice of the Defendant

27 DOE Officers’ lack of training in the areas of search and seizure, securing of medical treatment
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1 for injured suspects, the use of Police K-9 dogs to apprehend suspects, and detention. Metro

2 took no steps to re-train Defendant Doe Officers after the incident to correct their abuse of
3
authority, or to discourage their misconduct.
4
35. Metro has a mandatory duty to properly and adequately train and supervise
5
officers and personnel under its control so as to avoid an unreasonable risk of harm to the
6
citizens of Clark County. Metro failed to take necessary, appropriate and/or adequate measures
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8 to prevent the violation of Plaintiffs’ constitutional and state rights.

9 36. Metro breached their duty of care to the Plaintiffs in that they failed to adequately
10 train and supervise their officers and by having inadequate training and supervisory procedures
11
regarding search and seizure, securing of medical treatment for injured suspects, as well as the
12
use of K-9 dogs to apprehend suspects, and detention.
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37. As a direct and proximate result of Defendants' and each of them, negligence as
14

15 herein alleged, Plaintiffs have been damaged in an amount in excess of $15,000.00, the exact

16 amount to be proven at trial.

17 ATTORNEY'S FEES
18 38. Plaintiffs have been required to retain the services of E. Brent Bryson, Ltd. to
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prosecute this action and should be awarded their reasonable costs, expenses and attorney's fees
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incurred herein pursuant to U.S.C. §§1983 and 1988 and all relevant Nevada Revised Statutes
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regarding the state claims.
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23 WHEREFORE, Plaintiffs pray for judgment as follows:

24 As to the Federal claims:

25 1. For compensatory damages in the amount of $5,000,000.00;

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2. For punitive damages against Defendant Doe Officer individually in the amount
27
of $2,000,000.00;
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1 3. For reasonable attorney's fees pursuant to 42 U.S.C. §§ 1983 and 1988;

2 4. For costs of suit incurred herein; and

3
5. For such other and further relief as this Court deems just and proper.
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As to the State Claims:
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1. For compensatory damages in an amount in excess of $15,000.00;
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2. For punitive damages against all Defendant Doe officers in an amount deemed
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8 appropriate by this Court to punish them for their wrongful conduct and set an example to deter

9 further police misconduct;

10 3. For special damages;
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4. For an award of Plaintiff’s reasonable attorney's fees and costs of suit incurred
12
herein; and
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5. For such other and further relief as this Court deems just and proper.
14

15 DATED this 5th day of April, 2019.

16 E. BRENT BRYSON, LTD.

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18 By s/E. Brent Bryson __________

19 E. BRENT BRYSON, ESQ.
Nevada Bar No. 4933
20 7730 W. Sahara Ave., Suite 109
Las Vegas, Nevada 89117
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