Professional Documents
Culture Documents
Shelton McElroy Lawsuit Against Cordish, LMPD
Shelton McElroy Lawsuit Against Cordish, LMPD
__________________
SHELTON MCELROY
PLAINTIFF
v.
VERIFIED COMPLAINT
CORDISH COMPANIES, INC.,
Service by Secretary of State to:
601 East Pratt Street
6th Floor
Baltimore MD 21202
and
LOUISVILLE IRISH, LLC
Serve: S&H Frankfort, LLC
421 West Main Street,
Frankfort, KY 40601
and
ENTERTAINMENT CONSULTING INTERNATIONAL, LLC
Service by Secretary of State to:
601 East Pratt Street
6th Floor
Baltimore MD 21202
and
CORDISH OPERATING VENTURES, LLC
Serve: Corporation Service Company
d/b/a CSC Lawyers Incorporating Service Co.
421 Main Street
Frankfort, KY 40601
and
LOUISVILLE GALLERIA, LLC
Serve: CSC Lawyers Incorporating Service Company
421 West Main Street
Frankfort, KY 40601
and
DEFENDANTS
This is a cause of action for violations of Plaintiffs rights under the Kentucky
Constitution, Kentucky statutory and common law, for the unlawful search and seizure
and malicious prosecution of, excessive force applied to, assault and battery,
discrimination, and other counts as alleged below against Defendants.
PARTIES
1.
Louisville, Jefferson County, Kentucky, and has so resided in excess of six months prior
to the date upon which the subject cause of action arose.
2.
3.
which does business under the name of Sullys Restaurant and Saloon within Fourth
Street Live! at the location of 424 S. 4th Street, both presently and at the time of the
subject incident. LOUISVILLE IRISH will hereafter be referred to as Sullys.
5.
Upon
information
and
belief,
ENTERTAINMENT
CONSULTING
not limited to, the food, style, genre of entertainment and music, desired clientele,
operating policies and procedures, and more.
7.
STREET LIVE LANDLORD) owns the real property upon which SULLYS conducts
business, and upon which the 4TH STREET LIVE area is located.
9.
Upon
information
and
belief,
LOUISVILLE-JEFFERSON
COUNTY
governmental business on behalf of the citizenry of the merged city and county, is sui
generis, and is real party in interest to each of its included agencies, including the
named LOUISVILLE METROPOLITAN POLICE DEPARTMENT (hereafter LMPD).
10.
White), was at all times relevant to this action a police officer employed by LMPD.
11.
Louisville Metro Police Officers) and unknown defendants (i.e., John Does) whose
identity and/or responsibility for the unlawful acts set forth below may be ascertained
during the course of this litigation.
JURISDICTION AND VENUE
12.
Kentucky Revised Statutes (hereafter KRS) 344, the civil rights statutes which
Plaintiff believes were violated in the incident described below; KRS 344 mandates
the proper forum for this claim is the Circuit Court in which the cause of action arose.
14.
15.
requirements of the Jefferson Circuit Court and therefore the statutory jurisdictional
requirements have been met.
16.
17.
Subject matter jurisdiction over this action exists under Section 112 of the
Kentucky Constitution because the amount in controversy, excluding interest, costs and
attorneys fees, exceeds the jurisdictional prerequisites of this Court.
18.
Venue is proper in the Jefferson Circuit Court because the Plaintiff resides
in Jefferson County, the Defendants reside, conduct business in, and/or performed their
official duties in Jefferson County, and the injuries sustained in the case occurred in
Jefferson County.
FACTS
19.
foster homes, was homeless from 16 to 18 years of age, and incarcerated from age 18
to 25 for trafficking marijuana.
22.
Since approximately age 27, Plaintiff has worked tirelessly to raise himself
from his past, and devote himself to education, serving and bettering his community,
and other worthy and noble causes.
23.
In particular, Plaintiff has devoted much of his adult life to coaching and
counseling young people who face the same early life challenges that he faced and
overcame.
24.
On or about October 26, 2014, Plaintiff went to Fourth Street Live, dressed
neatly in a polo shirt, new cargo khakis, jacket, and suede boots.
25.
in the community for using dress code as a pretext to discriminate against black patrons
in or around 4th Street Live such that they encourage and/or require their employees,
agents, security firms, and the local police to target, harass, and discriminate against
blacks who try to patronize 4th Street Live.
26.
After initial admission at the entry gates, Plaintiff walked to the entry of
Sullys Restaurant and Saloon (hereafter Sullys), where he was met by the manager,
a hostess, and a bouncer.
27.
28.
31.
33.
About the time Plaintiff reached the back wall of the bar, the music
Seeing no one he knew, Plaintiff turned around and headed toward the
dance floor, hoping to hear the music change back to hip hop.
35.
About the time Plaintiff reached the dance floor, the bouncer who had
admitted Plaintiff at the door intercepted him and instructed him to walk back to the front
door.
36.
was happening. When Plaintiff and the bouncer reached the front door, Plaintiff asked
the bouncer what was going on.
37.
The bouncer told Plaintiff that he had to leave Sullys because he was not
Plaintiff calmly pointed out that there were two white males dancing on top
40.
The bouncer told Plaintiff he had to leave because his pants were
sagging.
41.
Plaintiff lifted his shirt to show that his pants were neatly fitted around his
waist, and that no part of them was sagging, as they were size 32 waist with 31
inseam.
42.
exchange.
43.
When the bouncer refused his request, Plaintiff calmly turned and looked
over his shoulder for the manager, finding him within an arms length of Plaintiffs back.
45.
Plaintiff.
46.
The manager raised his arm and waived to a LMPD officer outside the
door, gesturing that the officer should come, enter and give help.
47.
The bouncer roughly grabbed at Plaintiffs phone to try and block the
videotaping, simultaneously shoving Plaintiff toward the doorway with his other hand.
48.
50.
51.
52.
By that time, one or both officers and the bouncer had shoved Plaintiff
Fearing what might happen next, due to the history of treatment of blacks
in and around 4th Street Live, Plaintiff laid down, put his hands behind his hands over
his head to show he was not resisting arrest, and stated, What am I being arrested
for?
54.
One of the police officers then cuffed Plaintiff, pulling Plaintiffs phone out
56.
The officer then thrust the phone into Plaintiffs pocket, and said, Youre
The police officers took Plaintiff to the alley behind Sullys, ordered him to
spread against the squad car there, and patted him down.
58.
A man wearing a 4th Street Live polo shirt and headphones came over,
pulled out his clipboard and asked the officers, Whats he going down for.
59.
Amongst other things, Plaintiff heard one of the officers say, He laid down
The man wearing the polo and headphones took notes on his clipboard.
61.
LMPD took Plaintiff to jail in the squad car and charged him with second
63.
Plaintiff was detained for the night in jail with the general jail population.
64.
Among the inmates present in his cell was a parolee who had been
Plaintiffs counselee who Plaintiff had been required to report for flunking a drug
urinalysis test in violation of his parole a few months earlier.
65.
67.
68.
made such report, and was immediately fired from his position as part-time substance
abuse counselor for parolees.
69.
listing Plaintiffs name under his mug shot, along with his name in large letters, on the
page for Disorderly Conduct.
70.
Listed right next to Plaintiffs name and mug shot, in bold and large print,
TRAFFICKINGCONTROLLED
SUBSTANCE-COCAINE
POSSESSION MARIJUANA
PERSISTENT FELONY OFFENDER II
71.
72.
Plaintiff still suffers the damages caused by the conduct described herein.
CLASS ALLEGATIONS
74.
Plaintiff files this as a class action on behalf of all other persons who are of
African American descent and who suffered discrimination on the basis of their race in
and around 4th Street Live.
75.
This action has been brought and may properly be maintained as a class
action pursuant to Kentucky Rule of Civil Procedure 23 on behalf of Plaintiff and all
others similarly situated with the Class defined as below:
All individuals of African American descent who currently live in and/or
around the Louisville metro area, who have not been allowed to enter, or who
have been ejected from, the area known as 4th Street Live in Louisville,
Kentucky, including each of the bars, restaurants and venues located within
same, since the date of April 24, 2011, on the ground that their attire did not meet
dress code when, in fact, their attire met dress code,
76.
impracticable. The proposed Class includes hundreds of current and former members.
The precise number of Class members is unknown to Plaintiffs, but upon information
and belief, it is in excess of several hundred. The true number of Class members is
11
likely predictable based upon the average number of annual visitors to 4th Street Live,
multiplied by the proportion of local population of African American descent, adjusted for
the applicable time period.
77.
Class. The discrimination claim of the representative Plaintiff is typical of the claims of
the Class in that the representative Plaintiff and all Class members are persons of
African American descent who have been turned away or ejected from 4th Street Live
based on the pretext that their clothing did not meet dress code. The factual basis of
the Defendants conduct is common to all Class members and has resulted in injury to
all class members.
78.
The questions of law and fact in this case are common to all Plaintiffs and
Plaintiff will fairly and adequately protect the interests of the Class.
Plaintiff has retained Counsel with extensive experience in representing the underrepresented, and with extensive experience in Jefferson County Courts, and with a
career dedicated to serving interests such as this.
committed to vigorously prosecuting this action on behalf of the Class they represent
12
and have the financial resources to do so. Neither Plaintiffs nor counsel have any
interest adverse to those of the Class.
80.
Plaintiff and members of the Class have suffered and will continue to
suffer harm and damage as a result of Defendants conduct. A class action is superior
to other available methods for the fair and efficient adjudication of the controversy.
Absent a class action, the vast majority of the Class members would likely find the cost
of litigating their claims prohibitive and would have no effective remedy at law.
81.
individual actions or piecemeal litigation in that class treatment will conserve the
resources of the courts and litigants and promote consistency and efficiency of
adjudication.
WHEREFORE, Plaintiff respectfully requests the Court to:
a. Certify the Plaintiffs Class, appoint Plaintiff as Class Representative and
appoint the undersigned as counsel for the Class;
b. Grant trial by jury;
c. Award compensatory damages;
d. Award liquidated damages;
e. Award punitive damages;
f. Award attorneys fees; and
g. Grant any and all other relief the Court determines appropriate, for Counts 1
and 2 below.
COUNT 1 DISCRIMINATION
AGAINST SULLYS, ECI, LOUISVILLE GALLERIA, LLC,
CORDISH INC., CORDISH OPERATING
13
82.
Under KRS 344, it is illegal for any business that provides goods and/or
services to the public to discriminate against any person on the basis of race.
83.
The SULLYS employees noted above targeted and ejected Plaintiff from
SULLYS on the basis of race, using dress code as a pretext, even though his clothing
conformed to the dress code in every way.
85.
Metro police.
86.
87.
continues to suffer damages including, but not limited to, embarrassment, humiliation,
indignity, suffering, multiple fears, emotional distress and trauma, anxiety, harm to
reputation, discouragement, damage to self-esteem, helplessness, hopelessness,
shamefulness, shame upon his family and daughter, loss of job, loss of earnings,
expenditure of legal fees, costs, expenses, and more.
COUNT 2 DISCRIMINATION AGAINST LMPD, OFFICER WHITE,
AND UNKNOWN OFFICER
89.
Under Kentucky statutory law, it is illegal for any police officer acting under
90.
The police officers noted above detained, arrested, jailed, charged, and
prosecuted Plaintiff for second degree trespassing and disorderly conduct solely on the
basis of race.
91.
continues to suffer damages including, but not limited to, embarrassment, humiliation,
indignity, suffering, multiple fears, emotional distress and trauma, anxiety, harm to
reputation, discouragement, damage to self-esteem, helplessness, hopelessness,
shamefulness, shame upon his family and daughter, loss of job, loss of earnings,
expenditure of legal fees, costs, expenses, and more.
COUNT 3 - ASSAULT AGAINST SULLYS
FOR MANAGERS CONDUCT
92.
95.
Sullys manager was conscious of the fact that his conduct was wrongful.
97.
Plaintiff reasonably feared that the manager would offensively contact him
physically.
98.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
15
102.
Sullys bouncer was conscious of the fact that his conduct was wrongful.
104.
Plaintiff reasonably feared that the bouncer would offensively contact him
physically.
105.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 5 BATTERY AGAINST SULLYS
16
108.
Sullys bouncer grappled for Plaintiffs phone in an effort to stop the video-
taping.
109.
Sullys bouncer was conscious of the fact that his conduct was wrongful.
110.
All of this physical contact from the bouncer was offensive and harmful to
Plaintiff.
111.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 6 - ASSAULT BY LMPD, OFFICER WHITE,
AND UNKNOWN OFFICER
112.
17
114.
Each officer was aware and conscious of the fact that his conduct was
wrongful.
117.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 7 BATTERY BY LMPD, OFFICER WHITE,
AND UNKNOWN OFFICER
119.
18
122.
that one was twisted, thereby inflicting great pain until Plaintiff was in jail and the cuffs
were removed.
123.
to a search with his arms cuffed behind his back, one arm painfully twisted, chest
leaning against the squad car, and legs spread and extending backwards behind him.
124.
Each officer was aware and conscious of the fact that his conduct was
wrongful.
125.
This physical contact from each of the officers was offensive and harmful
to Plaintiff.
126.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 8 FALSE IMPRISONMENT
AGAINST SULLYS
127.
19
129.
physical restraints the words and actions of each of the manager and bouncer imposed
upon him.
131.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 9 - FALSE IMPRISONMENT
AGAINST LMPD, OFFICER WHITE,
AND UNKNOWN OFFICER
133.
Upon his arrival at jail, Plaintiff was required to pay $70 administrative
20
136.
The detainment, arrest, charges, $70 expense, and the jailing of Plaintiff
were wrongful.
137.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 10 PREMISES LIABILITY
AGAINST 4TH STREET LIVE LANDLORD
138.
4TH STREET LIVE LANDLORD knew or should have known that the
prevent such ongoing discriminatory, negligent and tortious conduct against AfricanAmerican patrons or would-be patrons of SULLYS and the Cordish-related restaurants
and bars within 4th Street Live or both.
21
141.
4TH STREET LIVE LANDLORD failed to take reasonable steps to stop this
144.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 11 NEGLIGENT FAILURE TO HIRE, TRAIN AND/OR SUPERVISE
AGAINST SULLYS
145.
SULLYS had a duty to hire, train and supervise employees as would the
reasonably prudent bar and restaurant in the community under the same and/or similar
circumstances.
147.
SULLYS knew or should have known that one or more of its employees
were targeting blacks from time to time and ejecting them from the premises without just
cause and based only on their skin color, in violation of their rights to be free from
discrimination in places of public accommodation.
22
148.
so that they would refrain from targeting and/or ejecting black patrons without just
cause.
149.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 12 NEGLIGENT FAILURE TO HIRE, TRAIN AND/OR SUPERVISE
AGAINST Entertainment Consulting International (ECI)
150.
manage multiple aspects of SULLYS business, including the training and supervision of
employees, the policies and procedures under which customers are handled and
treated, implementation and enforcement of dress code, and diversity and cultural
awareness training.
152.
153.
Under the managerial contract, ECI had a duty to hire, train and/or
supervise Sullys employees and managers as would a reasonably prudent bar and
restaurant owner in the community under the same and/or similar circumstances.
23
154.
ECI knew or should have known that one or more Sullys employees
and/or managers were targeting blacks from time to time and ejecting them from the
premises without just cause and based only upon their race, and/or that one or more of
Sullys employees needed to have racial sensitivity or other training designed to prevent
discriminatory conduct.
155.
that they would refrain from discriminating against black patrons or would be patrons.
156.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 13 NEGLIGENT FAILURE TO HIRE, TRAIN AND/OR SUPERVISE
AGAINST LMPD
157.
LMPD is under a duty to hire, train, and supervise its police officers, as
would the reasonably prudent police force under the same or similar circumstances, in a
manner designed to reasonably prevent its police officers from engaging in
discrimination and/or tortious conduct.
24
159.
LMPD failed in its duty to so hire, train and supervise its employees such
that its police officers involved in the subject incident engaged in the wrongful acts
described herein.
160.
damages including, but not limited to, embarrassment, humiliation, indignity, suffering,
multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 14 NEGLIGENT FAILURE TO HIRE, TRAIN, AND SUPERVISE
SECURITY OFFICERS AND/OR EMPLOYEES
AGAINST 4TH STREET LIVE LANDLORD
161.
and monitor its own employees, and its third party security firms and off-duty police
officers, as would a reasonably prudent landlord under the same or similar
circumstances, in a manner designed to reasonably prevent its own employees, its third
party security firms, and its off-duty police officers from engaging in discriminatory,
negligent, and/or tortious conduct.
163.
supervise, and/or monitor such that one or more of its employees, security firms, offduty police officers and/or other agents involved in the subject incident (such as the
25
man wearing the 4th Street Live shirt and carrying the clipboard), engaged in,
participated in, affirmed, validated, and/or failed to stop what should have been
apparent as discriminatory, negligent, and tortious conduct against Plaintiff as described
herein.
164.
suffer damages including, but not limited to, embarrassment, humiliation, indignity,
suffering, multiple fears, emotional distress and trauma, anxiety, harm to reputation,
discouragement, damage to self-esteem, helplessness, hopelessness, shamefulness,
shame upon his family and daughter, loss of job, loss of earnings, expenditure of legal
fees, costs, expenses, and more.
COUNT 15 INTENTIONAL/NEGLIGENT INFLICTION EMOTIONAL DISTRESS
AGAINST EVERY DEFENDANT
165.
Each of the Defendants named in this lawsuit committed one or more acts
and intolerable and offends the generally accepted standards of decency and morality in
this community.
168.
Defendants as described herein, Plaintiff has suffered and continues to suffer damages
including, but not limited to, embarrassment, humiliation, indignity, suffering, multiple
26
The above facts constitute false arrest and malicious prosecution under
Kentucky law, under the state and federal constitutions, and under Kentucky common
law.
171.
contact, detaining, and continuing the prosecution against Plaintiff was done
maliciously, intentionally, wantonly and/or recklessly.
172.
The malicious acts by SULLYs and its employees were done with
reckless disregard for the truth and/or actual knowledge of the falsity of the charges.
COUNT 17 FALSE ARREST/MALICIOUS PROSECUTION AGAINST LMPD,
OFFICER WHITE,
AND UNKNOWN OFFICER(S)
173.
27
174.
The above facts constitute false arrest and malicious prosecution under
Kentucky law, under the state and federal constitutions, and under Kentucky common
law.
175.
described above, in initiating contact, detaining, and continuing the prosecution against
Plaintiff was done maliciously, intentionally, wantonly and/or recklessly.
176.
The malicious acts by LMPD and its employees were done with reckless
disregard for the truth and/or actual knowledge of the falsity of the charges.
COUNT 17 LIABILITY UNDER KRS 446.070
AGAINST LMPD, OFFICER WHITE AND UNKNOWN OFFICER(S)
177.
Officer(s), actions violated portions of the Kentucky penal code, including but not limited
to the following:
179.
a)
b)
c)
d)
28
rights, specifically, but not limited to, prohibition against unreasonable searches
and seizures, state equal protection guarantees, state due process guarantees,
and such provisions in the Kentucky Constitution including but not limited to 1,
2, 3, 4, 8, 10, 11, and 14.
b)
Plaintiff;
c)
d)
profession;
e)
f)
rights;
pursuant to an unconstitutional (under state law) and/or otherwise illegal policy, custom
or practice.
29
183.
UKNOWN OFFICER(S), as described above, were not properly trained as to the proper
method to conduct searches and seizures of property and persons, or to otherwise
perform their duties.
Count 19: VIOLATION OF THE KENTUCKY RACIAL PROFILING ACT
AGAINST LOUISVILLE METRO POLICE, OFFICER WHITE,
AND UNKNOWN OFFICER(S)
184.
above was solely motivated by racial consideration, which constitutes a direct violation
of KRS 15A.195 (Kentucky Racial Profiling Act).
186.
Plaintiff of rights secured by the Fifth and Fourteenth Amendments to the United States
Constitution and analogous provisions of the Kentucky Constitution.
COUNT 20 ALTER EGO/PIERCE THE CORPORATE VEIL
AGAINST ECI, 4TH STREET LIVE LANDLORD, SULLYS
THE CORDISH COMPANIES INC., AND CORDISH OPERATING VENTURES
187.
is owned, managed, operated and/or dominated by the same persons and/or entities.
30
189.
instrumentality or alter ego of one or more of the owners, managers, and/or officers of
THE CORDISH COMPANIES, INC., or of THE CORDISH COMPANIES INC. itself, or of
one of the other of these named Cordish-related entities, or of one or more Cordishrelated entity(ies) whose identity(ies) is/are presently unknown.
190.
related entities is for the mere purpose of providing tax benefits and avoiding various
liabilities, all while hiding the identities of the real persons/entities in control of said
defendant entities.
191.
are asset-less and income-less shells incapable of meeting the financial obligations
which would attach to liability for the damages suffered by Plaintiff in the event Plaintiff
prevails in this lawsuit.
192.
derives virtually all of the benefits associated with operating SULLYS, while controlling
and dominating the operations of SULLYS, and/or withdrawing or spending the income,
appreciation, or other values/benefits generated by the operations of SULLYS.
193.
financial responsibility for the damages caused to Plaintiff by the agents and employees
of SULLYS, ECI, CORDISH INC., CORDISH OPERATING, and 4TH STREET LIVE
LANDLORD and the agents and employees of each of them, would sanction a fraud
and promote substantial injustice.
COUNT 21 CONSPIRACY AGAINST ALL DEFENDANTS
31
194.
One or more of the Defendants has conspired with one or more of the
other Defendants to discriminate against blacks in and around Sullys and in and around
4th STREET LIVE.
196.
Defendants to target, harass, eject, and/or arrest and prosecute Plaintiff based on his
race, all in furtherance of the conspiracy to commit illegal discrimination against blacks
in and around SULLYS and/or in and around 4TH STREET LIVE.
197.
each Defendant is liable for each act committed by any other member of the conspiracy,
in furtherance of the conspiracy, from which damages result.
198.
furtherance of the conspiracy, Plaintiff has suffered and continues to suffer damages
including, but not limited to, embarrassment, humiliation, indignity, suffering, multiple
fears, emotional distress and trauma, anxiety, harm to reputation, discouragement,
damage to self-esteem, helplessness, hopelessness, shamefulness, shame upon his
family and daughter, loss of job, loss of earnings, expenditure of legal fees, costs,
expenses, and more.
PUNITIVE DAMAGES
32
199.
wanton, reckless, and/or grossly negligent in their treatment of Plaintiff, thereby entitling
Plaintiff to punitive damages for all violations, constitutional and otherwise.
WHEREFORE, Plaintiff respectfully requests the Court to:
a. Certify the Plaintiffs Class, appoint Plaintiff as Class Representative and
appoint the undersigned as counsel for the Class;
b. Grant trial by jury on any and all issues triable;
c. Award of compensatory damages against Defendants jointly and severally for
the lost wages, lost good will and reputation value, embarrassment,
humiliation, and mental anguish suffered by Plaintiff, all according to proof;
d. Award liquidated damages;
e. Award punitive damages;
f. Pierce the Corporate Veil and issue its Judgment that the separate corporate
existence of THE CORDISH COMPANIES INC., ECI, 4TH STREET LIVE
LANDLORD, CORDISH OPERATING, AND SULLYS is pierced and
disregarded pursuant to Kentucky law for the purposes of this lawsuit, such
that each of these entities is liable for any and all of the damages awarded to
Plaintiff in this case.
g. Award attorneys fees and expenses incurred herein and the costs of this
action as the law may permit; and
h. Grant any and all other relief the Court determines appropriate, for Counts 1
and 2 below.
33
Respectfully submitted,
______________________________
DANIEL M. ALVAREZ
ADAMS & ALVAREZ, PLLC
539 West Market Street
Suite 300
Louisville, Kentucky 40202
(502) 272-2006
Counsel for Plaintiff
34
VERIFICATION
I, Shelton McElroy, do hereby verify that I have read the foregoing Verified
Complaint and the statements contained therein are true and accurate to the best of my
belief and knowledge.
____________________________
SHELTON MCELROY
STATE OF
)
) SS.
COUNTY OF
On this
day of
Shelton McElroy, to me known to be the person described herein, and who executed
the foregoing instrument and she acknowledges that she voluntarily executed the same.
My Commission Expires:
NOTARY PUBLIC
35