Case 2:13-ev-00175-RWS Document 8 Filed 10/04/13 Page ‘MEBAN CLERKS OFFICE US.D.C. Gainesville OCT - 4 2013 Pane i" HATTEN, Clerk ” MU GY 5 1N THE UNITED STATES DISTRICT COURT HUG: 1 Epa Cork FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION DENNIS MARX, Pro Se Plaintiff, CIVIL ACTION FILE NO. 2:13-CV-175 ) ) ) ) ROBERT HEAGERTY, ) RICHARD J. WIGGINS, ) NOAH SPRAGUE, ) J, BRENDAN MOORE, ) RICHARD THOMPSON, _) JOHN WHITWORTH, JOSH BELL, ) KEVIN PITTMAN, ) SCOTT BOGUS, i} DUANE PIPER, ) TED PAXTON, ) THOMAS T. LITTLE ) Etal. 5. ) ) Defendants. SECOND AMENDED COMP! iT COMES NOW, Plaintiff, and respectfully shows as follows: 1 This is an action under 42 U.S.C. § 1983 to enforce rights guaranteed under the Fourth and Fourteenth Amendments and an action to enforce rights under the Georgia Constitution and state law.Case 2:13-cv-00175-RWS Document8 Filed 10/04/13 Page 2 of 12 2. This Court has jurisdiction of the case under 28 U.S.C. § 1343 and the Court’s supplemental jurisdiction under 28 U.S.C. § 1367. 3. ‘The individual Defendants are residents of the State of Georgia and are subject to the jurisdiction of this Court. 4. The actions of Defendants were taken under color of state law. COUNT ONE 3. Paragraphs 1-4 are re-alleged as though fully set out herein. 6. On or about August 10, 2011, all Defendants were sent to the address of Plaintiff at 1405 Lakeside Trail in Cumming, Georgia. Te Defendants had been sent to execute one Search Warrant and two Arrest Warrants against Plaintiff. 8.Case 2:13-cv-00175-RWS Document 8 Filed 10/04/13 Page 3 of 12 Upon information and belief, Defendants Bell and Whitworth were sent by Defendant Little to immediately upon arrival, without knocking, breach the rear basement door of Plaintiff's residence by force and set off ‘Flash Bang Grenades’ upon gaining entry. 9. Upon information and belief, Lt. Giordano and Defendant Little assigned Defendants Heagerty, Wiggins, Sprague, Thompson and Moore to physically take Plaintiff into custody and assist the other fifteen officers on scene in securing the 1000+ square foot premises. 10. As the twenty or more officers approached Plaintiff's home, Plaintiff was on his own property and armed. He has a permit for his handgun. ll. At the exact date and time of this incident, friend and neighbor John Carter was present and visiting Plaintiff's home. 12.Case 2:13-cv-00175-RWS Document 8 Filed 10/04/13 Page 4 of 12 As ordered, Plaintiff put up his hands and at no time whatsoever prior to, during or since being taken into custody made any attempt to even touch his handgun. 13. Defendant Heagerty did enter Plaintiff's residence without knocking, followed by Defendants Sprague, Moore and Thompson. 4. Defendant Heagerty did enter Plaintiff's residence without identifying himself or stating his official purpose for being there. 15. Defendant Heagerty failed to produce the official documents, i.e. a Search Warrant and two Arrest Warrants issued against Plaintiff, authorizing his presence at Plaintiffs residence. 16. Plaintiff's residence is a fenced, gated, posted no trespassing, registered and certified Wildlife Refuge for over 10 years. 17. At no time throughout this incident did Plaintiff resist in any way being taken into custody and arrested, despite the repeated strikesCase 2:13-cv-00175-RWS Document& Filed 10/04/13 Page 5 of 12 and blows, arm twisting, and knees and boots into his back and legs that Plaintiff was deliberately subjected to by Defendants Heagerty, Sprague, Moore and Thompson. 18. Atall times during this incident, Plaintiff was cooperative with all the deputies and respectful toward them. 19. Plaintiff is a trained and certified Glock Armorer who is qualified to and works with weapons on a regular basis, participating at various events and gun shows throughout the southeastern U.S. 20. Plaintiff is a self-employed subcontractor in the construction industry. Plaintiff has no criminal history 21. Plaintiff is qualified and teaches the proper, safe use of weapons, focusing on training females to properly and safely protect, and defend themselves, as may become necessary. 22,Case 2:13-cv-00175-RWS Document 8 Filed 10/04/13 Page 6 of 12 John Carter, witness, visitor and friend also put up his hands immediately as ordered by Defendant Heagerty. 23. Atall times during this incident, Mr. Carter was cooperative with all the deputies and respectful toward them. 24. At no time did Mr. John Carter resist in any way being taken into custody and Mirandized, despite being cuffed, struck down and dragged by his ankles out the door and onto the deck by Defendant Moore. 25. The rear basement door to Plaintiff’s residence was locked and without knocking or warning Defendant Bell breached the secured. steel door with either a sledgehammer or an axe, as yet undetermined, prior to Defendant Heagerty approaching Plaintiff's upstairs exterior door. 26. Plaintiff was taken into custody, blows were struck against Plaintiff and he was subjected to a ‘beat down’ and forcibly physicallyCase 2:13-cv-00175-RWS Document 8 Filed 10/04/13 Page 7 of 12 restrained by Defendants Heagerty, Sprague, Thompson and Moore for an extended period of time. 27. Defendants Heagerty, Sprague, and Moore failed to be properly prepared and equipped as not one of them had any sets of handcuffs with them, so physical abuse and restraint was seen as the only option. None of the Officers on scene even had a handcuff key, 28. Defendant Sprague falsely stated that Plaintiff was ‘trying to get up’ when he struck and kicked Plaintiff. Defendant Heagerty stated that once he struck Plaintiff he had Plaintiff secure on the floor without handcuffs, and ‘held him down briefly until another SWAT. Team member (without handcuffs) could take his position. 29. Defendant Sprague falsely stated that Plaintiff was ‘trying to get up’ even after Defendant Sprague ‘dropped’ his taser on the hardwood floor and he and the other Defendants Heagerty, Moore and Thompson shouted ‘Gun! Gun! Gun!’ and drew their weapons.Case 2:13-cv-00175-RWS Document8 Filed 10/04/13 Page 8 of 12 Plaintiff was not trying to get up. Plaintiff was hugging the floor in fear for his life. 30. Defendants chose to jointly participate in and exercise the use of excessive force against Plaintiff and failed to properly intervene. aL Defendants failed to inform Plaintiff that he was ‘under arrest” and present the search and arrest warrants to Plaintiff at the time he was taken in to custody. 32, Defendants’ failure to read Plaintiff his Miranda Rights at the time he was taken in to custody was in violation of his Civil Rights. 33. Defendant Bell’s breaching of Plaintiff's rear basement door was in violation of the Fourth and Fourteenth Amendments, as there Was no request or authorization for a ‘No Knock’ provision in the Search Warrant. 34.Case 2:13-cv-00175-RWS Document Filed 10/04/13 Page 9 of 12 Defendants deliberately dumped and disposed of the unknown chemical contents of at least 12 gallon jugs and numerous other bottles of probable contaminants at the side of Plaintiff's driveway that drains down to Eagle Creek. Defendants left the emptied containers strewn about the driveway. Plaintiff's residence is a registered certified wildlife refuge. These actions have been reported to the EPA. 35. Defendant Pittman did violate Plaintiff's rights and the Code of Ethics regarding law enforcement personnel by stating and relating the incidents that occurred at Plaintiff's residence in a public forum, in the presence of unauthorized witnesses. All information relating to Defendant Pittman’s official duties is to remain confidential. 36. Defendants Little and Boggus did conspire to deliberately place and co-mingle evidence with items seized from Plaintiff's safe. Inv. Hawkins states ‘I found nothing of evidentiary value during the search’ wherein he ‘assisted with the counting of the cash’. aT,Case 2:13-cv-00175-RWS Documents Filed 10/04/13 Page 10 of 12 Defendant Boggus also assisted Defendants Little, Hawkins and Bleisath ‘in counting the money that was removed from the safe” and yet, after this procedure was completed, Defendant Boggus conveniently ‘located and matched one of the twenty dollar bills to the photo copy that was provided to me.’ In an attempt to justify the confiscation of the entire contents of Plaintiff's safe, the question of “Chain of Custody’ must herein be addressed. 38. Plaintiff herein states that the ‘evidence’ in question was not in his safe prior to the arrival of Defendants and when he was removed from the scene and transported to the detention center. 39. All Defendants failed to properly secure Plaintiff's residence upon leaving due to the destruction of the ‘breached’ basement door. 40. The excessive use of force and arrest against Plaintiff’ by Defendants was in violation of the Fourth and Fourteenth Amendments. 4. 10Case 2:13-cv-00175-RWS Document8 Filed 10/04/13 Page 11 of 12 Defendants destroyed, damaged and confiscated both Plaintiff's personal and real property, all over what Defendants claim is just over one ounce of marijuana. Plaintiff has never hurt or harmed anyone. 42. As a proximate result of Defendants’ actions, Plaintiff was damaged in the amount of $1,000,000 in special and general damages including emotional distress and humiliation, 43, Due to the intentional actions of Defendants, Plaintiffs entitled to $250,000 so as to deter Defendants from repeating their wrongful and deliberate actions. COUNT TWO 44. Paragraphs 5-39 and 40-43 are alleged as though fully set out, 45. The actions of all Defendants violated Art. I, Sec. I, Para. 13 of the Georgia Constitution. 46.Case 2:13-cv-00175-RWS Document 8 Filed 10/04/13 Page 12 of 12 The actions of all Defendants were intentionally taken with actual malice manifesting itself in intent to injure Plaintiff and confiscate his personal and family property, under ‘Color of Law’. 1) 2) WHEREFORE, Plaintiff prays: For damages as set out above; and For such other and further relief as is just and proper. Respectfully submitted, vaeK AE? Pro Se Plaintiff Dennis Marx 1405 Lakeside Trail Cumming, GA 30041 (678) 982-9358 Defendants et al, to be served at: 475 Tribble Gap Road ‘Cumming, Georgia 30040Case 2:13-cv-00175-RWS Document 8-1 Filed pgs FILED IN CLERKS OFFICE USDC. -Gainesvitle IN THE UNITED STATES pistRict courr —“C! ~ 4208 FOR THE NORTHERN DISTRICT OF GEORGIAMES.N. HATTEN, Cie GAINESVILLE DIVISION By Cen CIVIL CASE NO. 2:13-CV-175 PERSONAL PROPERTY DAMAGE 1. Defendants threw the entire contents of the dining room table all across the floor. Everything was in a shambies 2. The leather couch was stripped and damaged-had to be disposed of. Pillows, canvas tote bags, digital camera equipment and containers, collectible Audubon, etc. Bird Books and papers thrown all over the living room area. 3. Files, papers, plant holders and dirt thrown all over Lazy Boy couch. Left side armrest broken loose, handle broken off. 4. Plaintiff's personal bedroom completely ripped apart, including his bed, dresser, shelves, cabinets, antique trunks and closet area, lamp and clock radio broken. Personal items and belongings thrown about, pictures ripped off the walls. 5. Plaintiff's clothes ripped from closet and hangers and strewn all over the upstairs areas, including the hallway. Work uniforms destroyed. 6. Coca Cola memorabilia, collected for over 20 years, pulled out of storage containers and dumped/strewn about. 7. Door to rear spare bedroom ripped from frame and hinges, damaged along with free-standing closet poles bent and destroyed and clothes thrown all over the floor along with a storage of groceries thrown and dumped on top of the clothes and bedding located in this storage/spare bedroom. 8. Mattress and bedding ripped up off of the floor; pictures-both family and collectibles pulled off the walls, stereo speakers opened and searched/damaged, antique bottles on shelves broken, collection of wheat pennies dumped on the floor. No idea how many are missing, 9, Plaintiff's sister/roommate’s entire bed pulled apart, strewn about her room, new memory foam bed pillows pulled apart, personal items, personal papers, garments, plastic totesCase 2:13-cv-00175-RWS Document 8-1 Filed 10/04/13 Page 2 of 2 containing collectibles and glassware, everything in her personal room/area in complete disarray and/or damaged. Her NASCAR memorabilia collection pulled out and either bent, damaged or destroyed. Her purses emptied and searched, make- up and personal items scattered all about her private room. 10. Stacks of boxes and totes full of her personal property emptied, dumped out and left in a mess. Her personal collection of ‘Crown Royal’ collectible bottles and purple bags, some now discontinued, that she had been collecting for years, some of the bottles full of change, some of the collectible bottles still sealed in their unopened packages with bottles inside full of ‘Crown Royal’ have been ‘missing’ ever since this incident. 11. Her underwear, years and years of shell collections, dried flower arrangements from past special events all thrown together in a heap on the floor next to her bed. 12. _ Plaintiff's sister/roommate’s personal lock box/Fire Safe, kept locked inside the bedroom she rents from Plaintiff was broken into, smashed, demolished-with no idea what happened to the contents-her jewelry, cash, special coins, part of her life savings. Her class ring has never been found either. Even her birth certificate, automobile title, divorce records, social security cards-destroyed. 13. Her special pictures and family albums, some are missing, some are damaged. Even her glass paper weights displayed openly on her window sill were thrown on the floor with the rest of her personal property. 14. 4297 15. Thousands of rounds of ammo thrown all over the basement area. Boxes of ammo still in original containers, some over 20 years old with original price tags and receipts ripped open and just thrown aimlessly everywhere. 16. Damages to coke machine owned over 15 years. 17. Damages to PinBall Machine owned over 15 years. 18. Broken Coca Cola Collectible Rare Neon Sign 19. Left Rear unoccupied bedroom door ripped from the hinges and frame 20. Cut power cord to Plaintiff's generator. (Why?)