Case 2:19-cv-00077-Z-BP Document 23 Filed 02/19/20

FILED
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February 19, 2020

UNITED STATES DISTRICT COURT KAREN MITCHELL
NORTHERN DISTRICT OF TEXAS CLERK, U.S. DISTRICT
AMARILLO DIVISION COURT

IRA DARLINA BAKER, individually, and §

as the administratrix of the ESTATE OF §
DARION DEV’ON BAKER, and MARIO §
BAKER, individually, and on behalf of all §
wrongful death beneficiaries of Darion §
Dev’on Baker §
§ Civil Action No.
Plaintiffs §
§ 2:19-cv-77
v. §
§
RICHARD KEITH COBORN, and §
MICHAEL JOSEPH McHUGH, in their §
individual capacities, and the CITY OF §
STRATFORD, TEXAS §
§
Defendants §

PLAINTIFFS’ FIRST AMENDED COMPLAINT

Plaintiffs Ira Darlina Baker and Mario Baker bring this 42 U.S.C. § 1983 excessive force

lawsuit against Defendants, the City of Stratford, Richard Keith Coborn and Michael Joseph

McHugh, police officers employed by the City of Stratford, Texas, who shot and killed their

beloved son, Darion Dev’on Baker.

I. Parties

A. Plaintiffs

1. Ira Darlina Baker is the natural mother of the deceased, Darion Dev’on Baker.

2. Mrs. Baker was appointed the administratrix of the Estate of Darion Dev’on Baker by the

probate court of Shelby County, Tennessee. Darion Dev’on Baker died intestate.

3. Mario Baker is the natural father of the deceased, Darion Dev’on Baker.
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4. The Plaintiffs bring this claim on their own behalves, as beneficiaries under the Texas

Wrongful Death statute, on behalf of the Estate of Darion Dev’on Baker, and on behalf of any

other wrongful death beneficiaries.

B. Defendants

5. Richard Keith Coborn (“Coborn”) was, at all relevant times, a police officer for the City of

Stratford, and, as such, acting under color of law. Upon information and belief, Coborn is an adult

resident citizen of City of Stratford, Sherman County, Texas. He is sued in his individual capacity,

and has appeared in this action.

6. Michael Joseph McHugh (“McHugh”) was, at all relevant times, a police officer for the

City of Stratford, and, as such, acting under color of law. Upon information and belief, McHugh

is an adult resident citizen of City of Stratford, Sherman County, Texas. He is sued in his individual

capacity, and has appeared in this action.

7. The City of Stratford (“City”) is a Texas municipality, and operates the Stratford Police

Department. It may be served through its city secretary, Kathy Rendon, at 518 N. 3rd Street,

Stratford, TX 79084.

II. Jurisdiction and Venue

8. As this case is brought pursuant to 42 U.S.C. §§ 1983 & 1988, this Court has federal

question jurisdiction pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343(a)(3).

9. This Court has general personal jurisdiction over the Defendants as Coborn and McHugh

reside and/or are employed by the City of Stratford within the Amarillo Division.

10. Venue is proper in the Amarillo Division as the relevant events occurred within Sherman

County, Texas, which is located within the Amarillo Division.

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III. Factual Background

A. Coborn and McHugh Illegally Shoot Darion Baker to Death

11. On February 21, 2018, Plaintiffs’ son, 23-year-old African-American Darion Baker, was

driving across Texas with his friend. Darion Baker and his African-American friend were returning

home to Memphis, Tennessee, where Darion Baker lived with the Plaintiffs.

12. Also on February 21, 2018, Defendants Coborn and McHugh, along with their alleged K-

9 partner “Hunter,” were on-duty with the City of Stratford and operating as a two-man unit. The

officers regularly performed highway “interdiction,” stopping vehicles to look for drugs. Coborn

and McHugh were parked along Interstate 54 on the western outskirts of Stratord, Texas, west of

Highway 287, and checking eastbound traffic on Highway 54 when they first observed Darion

Baker traveling eastbound on Interstate 54.

13. Coborn and McHugh purportedly believed Darion Baker’s car was driving suspiciously,

and decided to follow it.

14. Upon arriving in the City of Stratford, Texas and without knowledge that they were being

followed by Coborn and McHugh, the two young men stopped for gas at a Pilot Travel Center in

Stratford, Texas, specifically located at 100 South Poplar, Stratford, Texas 79084. They parked

the car at a gas pump and entered the convenience store to ask for directions and pre-pay for fuel.

15. A few moments later, Defendants Coborn and McHugh pulled their police SUV into the

gas station parking lot.

16. While Darion Baker and his friend entered the convenience store, Defendants Coborn and

McHugh parked their police SUV in a parking space near the entrance to the convenience store

and in close proximity to the car. Coborn went into the convenience store to observe Darion Baker

and his friend, while McHugh remained in the police SUV.

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17. Coborn was inside the Pilot Travel Center’s convenience store with Darion Baker and his

friend for several minutes. When Darion Baker and his friend completed their business in the

convenience store, Coborn held the entrance/exit door open for the boys and allowed them to exit

the store.

18. After the young men left the convenience store and returned to the car to pump the gas,

Coborn returned to the patrol SUV in which McHugh remained stationed.

19. Darion Baker returned to the driver’s seat of the car, while his friend began to pump gas.

20. At this point, Coborn and McHugh swung their police SUV out of its parking spot to

directly behind the parked car and activated their lights and sirens. Both officers jumped out of the

SUV, with their guns drawn, and ran towards the car.

21. Panicked, as police officers ran towards them with guns drawn, Darion Baker started the

car and his friend got into the passenger seat.

22. Darion Baker began to drive away, carefully navigating around the officers.

23. As the car pulled away, despite the car posing absolutely no danger to the officers or anyone

else, both officers shot at the car. The officers fired numerous shots at the car as it was driving

away.

24. As the officers fired their weapons, Darion Baker was no danger to them or any other

persons. When the officers were shooting as the car drove away, the officers were not facing a

threat of immediate and severe physical harm.

25. Coborn ran behind the car, and continued firing his gun at Darion Baker as he chased the

slow-moving car. McHugh did nothing to stop Coborn as he ran after the retreating car, shooting

at it.

26. In total, McHugh fired five shots, and Coborn fired fifteen shots.

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27. Darion Baker was shot twice in the back.

28. Darion Baker was shot in the back as the car drove away and after any fathomable danger

to the officers or the public had been eliminated.

29. The car slowed to a slow roll and, ultimately came to rest, near a gas pump across the street

from the Pilot Travel Center at the Toot’n Totum convenience store located at 119 Texas St.,

Stratford, Texas 79084. Neither officer was injured, nor were any members of the public.

30. Neither Darion Baker, nor his friend, had a firearm, or any other weapons, in their

possession.

31. Neither Darion Baker, nor his friend, posed any danger to the officers (or anyone else) as

the car drove away.

32. Darion Baker’s injuries were fatal, and he died at the scene, after suffering intense pain.

B. The City of Stratford’s Policies and Training Caused Darion Baker’s Death

33. The City of Stratford failed to train Coborn and McHugh on when they could legally use

deadly force to stop fleeing automobiles.

34. At the time of the shooting, Randy Hooks was the chief of police for the City of Stratford,

and was responsible for making all the City’s policies related to policing.

35. At the time of the shooting, Coborn had never received any training on when it was legally

permissible to shoot at moving vehicles. He had never been trained that a vehicle must always pose

an immediate threat to the officers or bystanders at any time the officer is using deadly force.

Likewise, Coborn had not been trained that when a subject’s vehicle no longer poses an immediate

threat, he must stop using deadly force.

36. Similarly, Coborn had never received situation-based “shoot/don’t shoot” training which

demonstrates to officers when they are legally justified in using deadly force, despite the fact that

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the City, as well as any reasonable police officer at any police department in Texas, was well aware

that such training was needed and available.

37. Absent such training, it is obvious that officers will be placed in recurring situations where

they will endanger citizens’ lives.

38. Likewise, the City of Stratford’s “use of force” policy, which was approved by Chief

Hooks, does not address when officers must stop shooting at a moving vehicle. The policy provides

no instructions to officers that they must stop shooting once the moving vehicle is no longer an

immediate threat. Instead, the policy only advises officers to shoot at a vehicle’s driver, rather than

try to disable the vehicle with gunfire.

39. As a result of these failures, the City’s police officers’ practice was to use deadly force

against moving vehicles, in violation of clearly established law.

40. Though the City’s police force only employed three officers, the City’s police department

had fired guns at moving vehicles at least three times in the past five years. In addition to the fatal

shooting of Darion Baker, the City’s officers also used deadly force against moving vehicles in the

following situations:

a. Chief Hooks fired a shotgun at a moving car to end a pursuit just seven weeks

before Coborn and McHugh shot and killed Darion Baker. Upon information and

belief, the moving vehicle did not immediately threaten any individual. McHugh

was present with Chief Hooks during this shooting.

b. Shortly before killing Darion Baker, Coborn, while driving his squad car, shot at

another moving vehicle in an attempt to end a pursuit.

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41. These policies, practices, customs, and training all were known to the City’s policymakers

(including Chief Hooks), were adopted with deliberate indifference to the rights of citizens the City

had a duty to protect, and proximately caused Coborn and McHugh to fatally shoot Darion Baker.

IV. Causes of Action

A. 42 U.S.C. § 1983 – Fourth Amendment Excessive Force (Against Defendants Coborn

and McHugh Only)

42. Plaintiffs incorporate all prior allegations as stated herein.

43. Defendants Coborn and McHugh, while acting under color of law, shot Darion Baker when

he posed no threat of serious bodily injury or death to anyone. In fact, when the fatal gunshots

were fired, both Coborn and McHugh were standing well behind Darion Baker’s fleeing car as

their bullets struck him in the back.

44. Defendants Coborn and McHugh’s use of force was clearly excessive to the need,

objectively unreasonable in light of clearly established law, and directly caused Darion Baker’s

untimely death. Therefore, Defendants Coborn and McHugh’s actions violated Darion Baker’s

clearly established Fourth and Fourteenth Amendment rights to be free from excessive force and

unreasonable seizure.

45. As a direct and proximate result of Defendants Coborn and McHugh’s actions, Plaintiffs

suffered severe damages. Among other things, Darion Baker suffered greatly before dying.

Additionally, Plaintiffs lost their twenty-three-year-old son, and the horrific anguish they feel will

remain with them and their family for the rest of their lives.

46. Moreover, as the car was driving away while Coborn continued shooting at it, McHugh did

nothing to stop Coborn from continuing to use deadly force. When Coborn was continuing to shoot

at the departing car, McHugh knew his fellow officer was violating Darion Baker’s constitutional

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rights, had a reasonable opportunity to prevent Coborn from doing so, and chose not to act.

McHugh is therefore liable as a bystander for the violations of Darion Baker’s constitutional rights.

B. 42 U.S.C. § 1983 – Fourth Amendment Excessive Force Monell Claim (Against

Defendant City of Stratford Only)

47. Plaintiffs incorporate all prior allegations as stated herein.

48. The City of Stratford had the following policies and/or practices in place when Defendants

Coborn and McHugh ruthlessly shot Darion Baker:

a. Permitting officers to shoot at moving vehicles that did not pose an immediate
threat of death or serious bodily injury to anyone;

b. Failing to train officers that shooting at moving vehicles that no longer posed an
immediate threat to anyone was unlawful;

c. Shooting at moving vehicles that do not pose an immediate threat of death or

serious bodily injury in order to end pursuits;

d. Failing to provide officers with “shoot/don’t shoot” training; and,

e. Failing to train officers they must stop shooting once an immediate threat has
passed.

49. Each of the policies, practices, or customs delineated above was actually known,

constructively known, and/or ratified by the City of Stratford, and was promulgated with deliberate

indifference to Darion Baker’s Fourth and Fourteenth Amendment rights under the United States

Constitution. Moreover, the known and obvious consequences of these policies was that the City

of Stratford police officers would be placed in recurring situations in which the constitutional

violations described within this complaint would result. Accordingly, these policies, practices, and

customs also made it highly predictable that the particular violations alleged here, all of which

were under color of law, would result.

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50. Consequently, the policies, practices, and customs delineated above were a moving force

of the deprivations of Darion Baker’s constitutional rights and injuries, and proximately caused

Plaintiffs to suffer severe damages.

V. Damages

51. Defendants deprived Darion Baker of his civil rights under the United States Constitution

and federal law. These acts and omissions by Defendants proximately caused and/or were the

moving force of the injuries and damages to the Plaintiffs and proximately caused and/or were the

moving force of the wrongful death of Darion Baker. Accordingly, Plaintiffs in their individual

capacities, Mrs. Baker in her capacity as the administratrix of the Estate of Darion Dev’on Baker,

and on behalf of all wrongful death beneficiaries of Darion Baker, assert claims under 42 U.S.C.

§ 1983 and the relevant wrongful death and survivorship statutes.

52. Plaintiff Ira Darlina Baker, in her capacity as the administratrix of the Estate of Darion

Dev’on Baker, alleges the Estate has incurred damages including, but not limited to, the following:

a. Darion Baker’s conscious mental anguish, physical pain, and loss of enjoyment of
life before his death;

b. Darion Baker’s medical expenses; and,

c. Darion Baker’s funeral and burial expenses.

53. Plaintiffs, in their capacities as wrongful death beneficiaries, assert claims on their own

behalves and for any other wrongful death beneficiaries. Plaintiffs and any other wrongful death

beneficiaries have incurred damages including, but not limited to, the following:

a. Past and future mental anguish;

b. Past and future loss of companionship and society;

c. Past and future medical expenses; and,

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d. Past and future pecuniary loss, including loss of care, maintenance, support,
services, advice, counsel, and reasonable contributions of a pecuniary value.

54. Plaintiffs, for themselves and any other wrongful death beneficiaries, and the Estate, are

also entitled to recover attorneys’ fees and expenses (including expert expenses) pursuant to 42

U.S.C. § 1988, and as otherwise allowed by law.

55. Plaintiffs seek punitive damages against Defendants Coborn and McHugh only (and do not

seek punitive damages against the City).

VI. Jury Demand

56. Plaintiffs respectfully demand a jury trial on all factual issues in dispute.

VII. Prayer for Relief

57. Plaintiffs hereby asks that Defendants be cited to appear and answer and that the Court:

a. Award Plaintiffs, for themselves, on behalf of the Estate, and on behalf of any other
wrongful death beneficiaries, compensatory damages against Defendants in the
largest amount allowed by law;

b. Award Plaintiffs, for themselves, on behalf of the Estate, and on behalf of any other
wrongful death beneficiaries, punitive damages against Defendants Coborn and
McHugh only, in the largest amount allowed by law;

c. Find that Plaintiffs are the prevailing parties in this case and award them attorneys’
fees, court costs, and litigation expenses (including expert expenses);

d. Award Plaintiffs pre-judgment interest and post-judgment interest at the highest

rate allowable under the law; and,

e. Grant all other relief in equity or in law, to which Plaintiffs may be entitled.

Date: February 13, 2020.

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Respectfully submitted,

EDWARDS LAW
The Haehnel Building
1101 East 11th Street
Austin, TX 78702
Tel. 512-623-7727
Fax. 512-623-7729

By /s/ Jeff Edwards

JEFF EDWARDS
State Bar No. 24014406
Attorney-in-Charge
Scott Medlock
State Bar No. 24044783
David James
State Bar No. 24092572
Federal ID No. 2496580
Michael Singley
Texas Bar No. 00794642

EVANS PETREE PC
1715 Aaron Brenner Drive, Suite 800
Memphis, Tennessee 38120
T: 901-525-6781
F: 901-297-4208
E: byoakum@evanspetree.com

By: /s/ Brian L. Yoakum

BRIAN L. YOAKUM
TN Bar No. 024811
Pro Hac Vice

ATTORNEYS FOR PLAINTIFFS

CERTIFICATE OF SERVICE

By my signature below, I certify that a true and correct copy of the above has been served on
counsel for all parties through the Court’s electronic filing system.

/s/ Jeff Edwards

Jeff Edwards

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