Tyler Langston et. al V. City of North Port (amended complaint, filed 2/27/15)

[Unregistered]

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

Case No. 8:14-cv-02592-JDW-EAJ


LEWIS LANGSTON, and NATASHA LANGSTON, individually and as natural parents and guardians on behalf of TYLER LANGSTON, a minor, Plaintiffs,

v.

CITY OF NORTH PORT, Defendant.

________________________________________/


SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiffs, LEWIS LANGSTON and NATASHA LANGSTON, individually, and as natural parents and guardians on behalf of TYLER LANGSTON, a minor, by and through their undersigned attorneys, sue Defendant, CITY OF NORTH PORT, and allege:

JURISDICTION AND VENUE

1. This is a civil rights action for relief (1) under 28 U.S.C. § 2201 and 42 U.S.C. § 1983 and § 1988 to remedy the deprivation, under color of state law, of rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution, and (2) for violation of Florida law. This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 (federal question), § 1343(a) (civil rights), and § 1367(a) (supplemental).

2. At all material times, Plaintiffs, LEWIS LANGSTON and NATASHA LANGSTON, and their minor son, TYLER LANGSTON, were citizens of Sarasota County, Florida.

3. At all material times, Defendant, CITY OF NORTH PORT, was and is a municipality in Sarasota County, Florida, and was provided with proper notice pursuant to Fla. Stat. § 768.28. All conditions precedent to the bringing of this action have been met.

4. At all material times, KEITH BUSH, was a K-9 Unit Officer of the City of North Port Police Department in Sarasota County, Florida. KEITH BUSH was K-9 Tomy’s handler. On information and belief, K-9 Tomy is a 90-pound German shepherd with titanium teeth that has a 90 percent “bite ratio” (i.e., K-9 Tomy bites subjects during 90 percent of his deployments). At all material times, KEITH BUSH was acting in the course and scope of his employment and under color of law.

5. At all material times, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4 were Police Officers of the City of North Port Police Department in Sarasota County, Florida. At all material times, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4 were acting in the course and scope of their employment and under color of law.

6. At the time of incident alleged below, TYLER LANGSTON, an African-American male, was 17 years old.

7. Venue is proper in the Tampa Division of the United States District Court for the Middle District of Florida under 28 U.S.C. § 1391(b) and Middle District of Florida Local Rule 1.02(b)(4) because, among other things, a substantial part of the events or omissions giving rise to this action occurred in Sarasota County, Florida.

STATEMENT OF FACTS

8. On or about January 1, 2014, TYLER LANGSTON was an invitee at his 16-year-old friend’s residence, which was located in a gated community in North Port, Florida.

9. Sometime in the vicinity of 10:30 or 11:00 P.M. that evening, TYLER LANGSTON, an African-American male, was walking in the aforementioned gated community with his friend, a white male.

10. One or two complainants reportedly observed a white male, with a ball cap, and a black male, with a red cap, committing car burglaries. They reportedly alerted the City of North Port Police Department.

11. KEITH BUSH reportedly responded to the call. Upon arrival, KEITH BUSH reportedly met with one complainant, who reportedly stated the two males had run into the woods.

12. KEITH BUSH then reportedly deployed K-9 Tomy to track the two males at their last known location.

13. After deploying K-9 Tomy, KEITH BUSH reportedly then saw TYLER LANGSTON and his friend.

14. TYLER LANGSTON and his friend ran.

15. Accompanied by K-9 Tomy, KEITH BUSH pursued TYLER LANGSTON on foot in the vicinity of a house.

16. TYLER LANGSTON kept running in plain sight.

17. KEITH BUSH then gave K-9 Tomy the command to bite, and he released Tomy.

18. While running, TYLER LANGSTON tripped and fell.

19. K-9 Tomy then bit TYLER LANGSTON’s lower left leg.

20. When KEITH BUSH caught up, K-9 Tomy was biting TYLER LANGSTON’s lower left leg.

21. K-9 Tomy continued to bite TYLER LANGSTON for an extended period of time, anywhere from 2 to 5 minutes.

22. TYLER LANGSTON pleaded with KEITH BUSH to “please” release the dog.

23. KEITH BUSH refused to give K-9 Tomy his release command, even though TYLER LANGSTON had surrendered and stopped fighting or resisting the bite and despite three or four other male police officers (JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4) standing directly over TYLER LANGSTON and K-9 Tomy.

24. JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4 did not intervene to stop K-9 Tomy’s bite or request or direct KEITH BUSH to give a release command, despite being in a time and place with the ability to so intervene.

25. At some point during this 2-5 minute bite, after TYLER LANGSTON had surrendered and stopped fighting or resisting the bite, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4 struck TYLER LANGSTON in the head.

26. After the bite had concluded, TYLER LANGSTON’s friend’s father asked one of the police officers (a sergeant) why KEITH BUSH gave K-9 Tomy a bite command and released him on TYLER LANGSTON. The sergeant (JOHN DOE 1 or JOHN DOE 2) responded, “for officer safety because they did not know if he had a weapon in the bushes.” The sergeant (JOHN DOE 1or JOHN DOE 2) did not explain how his answer made sense, as KEITH BUSH had not released K-9 Tomy when TYLER LANGSTON was in any bushes but rather when he was running in the front of the houses in plain sight.

27. North Port Fire Rescue transported TYLER LANGSTON to the North Port Emergency Room for medical treatment.

28. As a result of K-9 Tomy’s 2-5 minute bite and being struck in the head, TYLER LANGSTON suffered extensive physical, mental, and emotional injuries, which required plastic surgery, 30 staples to his leg, and remedial care.

29. In a probable cause affidavit, the police asserted probable cause to charge TYLER LANGSTON with third degree felony vehicle burglary in violation of Fla. Stat. § 810.02(4)(b). To date, the State of Florida has never charged TYLER LANGSTON with any crime.

COUNT I – § 1983 CLAIM FOR FAILURE TO TRAIN OR SUPERVISE

30. Plaintiffs re-allege paragraphs 1-29 above and further allege:

31. This claim is brought against CITY OF NORTH PORT for deprivation of TYLER LANGSTON’s constitutional rights secured under the Fourth and Fourteenth Amendments to the United States Constitution within the meaning of 42 U.S.C. § 1983.

32. CITY OF NORTH PORT failed to adequately train or supervise KEITH BUSH, K-9 Tomy, and other police officers in the handling of K-9s.

33. This failure to train or supervise KEITH BUSH, K-9 Tomy, and other police officers in the handling of K-9s was a city custom or policy. Specifically, CITY OF NORTH PORT has a custom of condoning police brutality and a history of exonerating officers who use excessive force. Given this custom, police officers are secure in knowing that a reported incident will not result in any disciplinary proceeding unless another officer can verify that the force was excessive, even when non-police witnesses complain of excessive force.

34. Moreover, a history of widespread prior incidents with K-9s, including KEITH BUSH’s and K-9 Tomy’s astonishing and alarming 90-percent bite ratio, puts CITY OF NORTH PORT on notice of the need for improved training or supervision of KEITH BUSH, K-9 Tomy, and other officers in the handling of other K-9s.

35. Despite this widespread history of prior incidents, CITY OF NORTH PORT made a deliberate choice to take no action or inadequate action to train and supervise KEITH BUSH, K-9 Tomy, and other officers in the handling of K-9s.

36. This failure to train or supervise amounted to deliberate indifference to the rights of citizens of CITY OF NORTH PORT, such as LEWIS LANGSTON, NATASHA LANGSTON, and TYLER LANGSTON.

37. CITY OF NORTH PORT’s city policy of failing to train or supervise KEITH BUSH, K-9 Tomy, and other officers in the handling of K-9s was the moving force that caused KEITH BUSH to deprive TYLER LANGSTON of constitutional rights secured under the Fourth and Fourteenth Amendments to the United States Constitution within the meaning of 42 U.S.C. § 1983.

38. As a direct and proximate result, TYLER LANGSTON suffered serious and permanent physical, mental, and emotional injuries, which require medical treatment. Additionally, TYLER LANGSTON will suffer loss of future earning capacity because of the permanent nature of these injuries and the necessity for remedial medical care.

WHEREFORE, Plaintiffs demand declaratory relief, compensatory damages, punitive damages, costs, and attorney fees.

[Unregistered]

COUNT II – BATTERY

39. Plaintiffs re-allege paragraphs 1-29 above and further allege:

40. This claim is brought against CITY OF NORTH PORT for battery in violation of Florida law.

41. JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4 intentionally battered, touched, struck, and utilized excessive force against TYLER LANGSTON, without his consent and against his will, when they struck him in the head.

42. CITY OF NORTH PORT, through its employees, intentionally battered, touched, struck, and utilized excessive force against TYLER LANGSTON, without his consent and against his will, when JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4 intentionally struck him in the head during the 2-5 minute dog bite.

43. JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4 intended to cause TYLER LANGSTON a harmful or offensive contact.

44. CITY OF NORTH PORT is vicariously liable for the tortious acts of JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4, which were committed within the scope and furtherance of their employment.

45. As a direct and proximate result, TYLER LANGSTON suffered serious and permanent physical, mental, and emotional injuries, which require medical treatment. Additionally, TYLER LANGSTON will suffer loss of future earning capacity because of the permanent nature of these injuries and the necessity for remedial medical care.

WHEREFORE, Plaintiffs demand declaratory relief, compensatory damages, punitive damages, and costs.

COUNT III – NEGLIGENT RETENTION

46. Plaintiffs re-allege paragraphs 1-29 above and further allege:

47. This claim is brought against CITY OF NORTH PORT for negligent retention of KEITH BUSH and K-9 Tomy in violation of Florida law.

48. CITY OF NORTH PORT knew or should have known of KEITH BUSH’s and K-9 Tomy’s unfitness due to a history of widespread prior incidents with K-9s, including KEITH BUSH’s and K-9 Tomy’s astonishing and alarming 90-percent bite ratio.

49. CITY OF NORTH PORT failed to investigate, discharge, or reassign KEITH BUSH and K-9 Tomy.

50. As a direct and proximate result, TYLER LANGSTON suffered serious and permanent physical, mental, and emotional injuries, which require medical treatment. Additionally, TYLER LANGSTON will suffer loss of future earning capacity because of the permanent nature of these injuries and the necessity for remedial medical care.

WHEREFORE, Plaintiffs demand declaratory relief, compensatory damages, punitive damages, and costs.

COUNT IV – NEGLIGENT FAILURE TO WARN

51. Plaintiffs re-allege paragraphs 1-29 above and further allege:

52. This claim is brought against CITY OF NORTH PORT for negligent failure to warn of K-9 Tomy’s dangerous propensities in violation of Florida law.

53. CITY OF NORTH PORT and KEITH BUSH knew, or by the exercise of reasonable care should have known, of the potential danger K-9 Tomy presented due to his astonishing and alarming 90-percent bite ratio and the fact that the City of North Port Police Department had replaced K-9 Tomy’s natural teeth with titanium teeth in order to increase the viciousness of his bites.

54. In the reasonable course of K-9 police work, CITY OF NORTH PORT and KEITH BUSH should have been able to foresee the possible uses of K-9 Tomy as well as the potential damage or injury that might result from such use.

55. CITY OF NORTH PORT through its employee, KEITH BUSH, did not warn LEWIS LANGSTON, NATASHA LANGSTON, TYLER LANGSTON, or any other citizens of the North Port, Florida, of K-9 Tomy’s dangerous propensities or titanium teeth.

56. CITY OF NORTH PORT is vicariously liable for the tortious acts of KEITH BUSH, which were committed within the scope and furtherance of his employment.

57. As a direct and proximate result, TYLER LANGSTON suffered serious and permanent physical, mental, and emotional injuries, which require medical treatment. Additionally, TYLER LANGSTON will suffer loss of future earning capacity because of the permanent nature of these injuries and the necessity for remedial medical care.
WHEREFORE, Plaintiffs demand declaratory relief, compensatory damages, punitive damages, and costs.
COUNT V – LOSS OF CONSORTIUM/COMPANIONSHIP/SERVICES
§ 1983

58. Plaintiffs re-allege paragraphs 1-29 above and further allege:

59. As a direct and proximate result of injuries suffered for the claims alleged in Count I, LEWIS LANGSTON and NATASHA LANGSTON suffered loss of companionship, loss of services, and loss of consortium of their minor son, TYLER LANGSTON, because he has suffered significant permanent injury.

60. As a further direct and proximate result of the foregoing and by reason of the injuries sustained to their son, LEWIS LANGSTON and NATASHA LANGSTON have in the past and will in the future be jointly responsible and have incurred expenses for doctors, nurses, x-rays and other related medical care and attention for their son’s injuries.

WHEREFORE, pursuant to 42 U.S.C. § 1983, Plaintiffs demand declaratory relief, compensatory damages, punitive damages, costs, and attorney fees.

COUNT VI – LOSS OF CONSORTIUM/COMPANIONSHIP/SERVICES
FLORIDA LAW

61. Plaintiffs re-allege paragraphs 1-29 above and further allege:

62. As a direct and proximate result of injuries suffered for the claims alleged in Counts II-IV, LEWIS LANGSTON and NATASHA LANGSTON suffered loss of companionship, loss of services, and loss of consortium of their minor son, TYLER LANGSTON, because he has suffered significant permanent injury.

63. As a further direct and proximate result of the foregoing and by reason of the injuries sustained to their son, LEWIS LANGSTON and NATASHA LANGSTON have in the past and will in the future be jointly responsible and have incurred expenses for doctors, nurses, x-rays and other related medical care and attention for their son’s injuries.

64. On February 23, 2015, Plaintiffs provided the required pre-suit notice for the loss of consortium claim to the appropriate agency, as required by Fla. Stat. § 768.28(6). Accordingly, at the present time, Count VI is premature and should be stayed for the time being.

WHEREFORE, pursuant to Florida law, Plaintiffs demand declaratory relief, compensatory damages, punitive damages, and costs.

DEMAND FOR JURY TRIAL

Plaintiffs demand a trial by jury as to all counts.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 27th day of February, 2015, the foregoing document was filed ele will be sent by e-mail to: John A. Makholm, Makholm Law Group, 1120 Pinellas Bayway South, Suite 202, Tierra Verde, Florida 33715-1505.

/s/ Bryan S. Gowdy___________

BRYAN S. GOWDY, ESQUIRE
FBN: 0176631

CREED & GOWDY, P.A.
865 May Street
Jacksonville, FL 32204
Attorney for Plaintiff

SCOTT R. JEEVES, ESQUIRE
FBN: 0905630
JOHN P. SACKS, ESQUIRE
FBN: 0103158

JEEVES LAW GROUP, P.A.
954 First Avenue N.
St. Petersburg, FL 33705
Attorneys for Plaintiff

[Unregistered]

This agency is in trouble and needs immediate help.

[Unregistered]

Well one can see why the city wants to become self insured. With all the suits being filed, and the chances of the city losing, would give an insuring company second thoughts about under writing it.
Someone one posted earlier that the city was looking a six figure suit, I see more of a seven figure award coming from each suit.

To bad the justice department is not coming down to investigate the whole department.

[Unregistered]

The people on here bashing are the same lil pussies that pick up the phone and call the PD for help all the time. All sheep... The retarded kind of sheep.. Just mind your business and let us sheep dogs do what we do...

I agree with the above post. Nothing that is said on here has or ever will change our daily operations at the PD. Sorry JP. Try again. The bite you keep talking about hasn't and won't change anything at the PD either. You think you have some story. You have nothing. Oh maybe you didn't see the latest press release on our K-9 Unit. Looks like they yet again (I know shocking) won more awards. Hahaha. Watch out for the caution tape JP, goober!

So you are saying he sent the dog in and bit on command? You accuse everyone of a cover up? That is pretty bold. You could be looking at some serious civil implications if you are identified.

There is nothing to acknowledge. It is not a relevant point. Keith has done nothing wrong and that is all there is to it. What exactly do you expect to come from these lawsuits?

So what? If any agency starts out a new unit and let's use K-9 for the example here, then they would all be fresh right? Before a K-9 handler actually hits the streets with his dog, he has several hundreds of hours documented. Then they have to get certified before actually doing patrol work such as dope and apprehension. No courts or judge has ever held a K-9 Officer liable or even dismissed a case for only having a year on the job as K-9 handler. As long as they have their PC, training records and follow the departments policy and procedure, they will always been in the right. For whoever is attacking our K-9 officers or any of our officers on this post, it's because you hate COPS and love to see them get in trouble.. Right JP? Guys, I truly believe all this negativity is not between us, but it's coming from an outside individual(s) like JP trying to fuel the fire. Our officers and yes two of them being from K-9, had made some poor decision off duty, and they have and will face their consequences. Their actions have nothing to do with them being on the K-9 unit.

Bush doesn't need to worry about crap. He has done everything by the book. Sorry JP and all the other posters here. Nothing you say or do will change anything he does. It's funny he constantly wins award after award. But wait Tomy is soo mean and not under control. Hahahaha. If you knew anything, all those certification trials are all about control. Oh and btw bush and tomy still working the streets.

This lawsuit doesn't mean squat. Bottom line the girl shouldn't have ran. She put herself In that position. Sorry bout your luck! Bush and Tomy won't be affected by any of it. Nor will the agency. Anyone can sue for anything these days. Who cares. But bush and Tomy are still working the streets. Haha JP! Watch out for the caution tape.

Bush and Tomy still working the streets catching bad guys! Also JP your imaginary newspaper article has still yet to be found. Haha clown

The HT has no credibility. How about the false report they made on a school board employ and how they crucified them in the paper without the real facts. All tabloid conjecture. Turns out the employee did nothing wrong, but did the HT correct their biased rrpirting? Nope, just like always. There are laws that protect people from reporters such as John patten, Lee willams, and the rest of the HT staff. Sensationalism is not legal. Your one sided article will be just that, one sided, twisTed to fit your needs. The sad thing is, everyone knows about the rag tribune. The bandwagon junkies feed on it. Yay for them. As far as patten goes, all he does is blog his hatred for police and government so if really does nor matter what anyone in the police dept fies, they are always the bad guys. John patten has no credibility in Venice so he is in north port where he will soon be ousted as well. Who really cars if he is fay or not, fact is he has real issues and has no problem acting like a child. Says Alot about his personality. Lies, false accusations, and false reports are what the HT and patten are all about. The fact is, they will do anything to make a scandalous story because newspapers are just about extinct. Best of luck in the unemployment line.

The above is a compilation of post by people who down played, the intial report about Bush and Tomy. Now since the article, according to some posted would never be printed, came to light, there has been none of these writings.
Oh there was one or two about the paper being crap, blah, blah, blah. There has been no "it is a bunch of bs."

Unless you are in total denial, you can not argue against hard facts.

So one must come to the conculsion that a lot of people have drank a whole lot of STFU.

[Unregistered]

This is an active court case so anyone commenting on it would subject themselves to serious discipline.

[Unregistered]

This is an active court case so anyone commenting on it would subject themselves to serious discipline.

You are actually going with that line of shit? Quote the SOP you are using to back that statement up.
Never stopped anyone from going ape shit here about Dietz court case, or the civil suit brought on by Robert Snyder and his wife. Remember that f*ck up we had with them. The judge through that one out big time.

https://s3.amazonaws.com/s3.document...ine-notice.pdf

Last but not least the Turner case. Never stopped you ****s from voicing your views on that one either.

According to many here, no one in admin knows who is posting here, so that kind of shoots your line of bullsh*t down as well.