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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
TRAEE DARAN LEE, P.O. Box 142 Grasonville, Maryland 21638 *Jury Trial Demanded* Plaintiff, v. Civil Case No. ____________ QUEEN ANNE’S COUNTY, MD, a municipal corporation Serve: Patrick E. Thompson, Esq., County Attorney 102 East Main St., Suite 203 Stevensville, Maryland 21666 and DEPUTY VERNELL JOHNSON Individually and in his Official Capacity as a former Queen Anne’s County Deputy Sheriff Queen Anne’s County Office of the Sheriff 505 Railroad Avenue Centreville, Maryland 21617 and STATE OF MARYLAND Serve: Nancy K. Kopp State of Maryland Treasurer's Office 80 Calvert Street Goldstein Treasury Building Annapolis, Maryland 21401 Defendants.
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COMPLAINT AND JURY DEMAND COMES NOW, Plaintiff Traee Daran Lee, by and through his attorney, Cary J. Hansel
and the law firm of Joseph, Greenwald & Laake, P.A., and sues Defendants, Queen Anne’s
County, Maryland, Deputy Sheriff Vernell Johnson, and the State of Maryland, and as cause
therefor states the following:
INTRODUCTION
1. This is a civil action brought pursuant to 42 U.S.C. § 1983 seeking damages
against the Defendants for violating Plaintiff’s civil rights. Because of the Defendants’
egregious wrongdoing, Traee Daran Lee was forced to spend more than forty days in jail for a
crime that he did not commit.
2. Plaintiff Traee Daran Lee also seeks damages against the Defendants for
intentional wrongdoing and acts of negligence under common law.
JURISDICTION AND VENUE
3. This action is brought pursuant to 42 U.S.C. §§ 1983, 1985, and 1986, and the
Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. Jurisdiction is
proper pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343, and 28 U.S.C. § 1367(a).
4. Venue is proper pursuant to 28 U.S.C. § 1391(b). The events giving rise to this
action occurred in Queen Anne’s County in the District of Maryland.
5. The instant action is filed within three years of the cause of action.
PARTIES
6. Plaintiff Traee Daran Lee (“Mr. Lee”) is an adult Maryland citizen.
7. Defendant Queen Anne’s County, Maryland is a municipal corporation organized
under the provisions of Art. XI-A of the Maryland Constitution. At all times mentioned,
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Defendant Queen Anne’s County employed Defendant Deputy Vernell Johnson as a Queen
Anne’s County deputy sheriff.
8. Defendant Deputy Vernell Johnson (“Deputy Johnson”) was employed by Queen
Anne’s County as a deputy sheriff and at all times relevant hereto was acting in his individual
capacity and in his official capacity as a Queen Anne’s County deputy sheriff.
9. Defendant State of Maryland has waived any applicable sovereign immunity in
accordance with the Maryland State Tort Claims Act.
10. All other unidentified Queen Anne’s County sheriff deputies whose conduct is
referred to herein were at all times relevant hereto employed by Queen Anne’s County as
deputies, acting in their official capacities as Queen Anne’s County sheriff deputies.
FACTS COMMON TO ALL COUNTS
11. The amount in controversy exceeds Fifty Thousand Dollars ($50,000.00).
12. On or about March 4, 2010, Deputy Johnson stopped a motor vehicle for driving
through a stop-sign in Grasonville, Maryland.
13. Even though Plaintiff was not driving this vehicle, Deputy Johnson testified under
oath that Plaintiff was driving the vehicle and that the vehicle drove through a stop-sign. Each of
these assertions was unequivocally false.
14. On or about April 5, 2010, a warrant was improperly issued for Plaintiff’s arrest.
After learning of the arrest warrant, Plaintiff promptly surrendered to the authorities.
15. Plaintiff was incarcerated and released on or about April 7, 2010.
16. During the next two months, Deputy Johnson continually harassed Plaintiff and
his family. This harassment culminated in Plaintiff’s arrest on or about June 14, 2000.
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17. On June 17, 2010, Deputy Johnson provided false testimony during a trial on the
charges for which Plaintiff had been arrested.
18. Based on this false testimony, the judge found Plaintiff guilty of fraud, failure to
stop, and driving while revoked. Relying on Deputy Johnson’s false testimony, the judge
pronounced, in open court, that the Plaintiff’s conduct had been “pretty low.” The judge
sentenced Plaintiff to two months in the Queen Anne’s County jail.
19. As result of Deputy Johnson’s false testimony, Plaintiff was maliciously
prosecuted, falsely convicted, and unlawfully incarcerated.
20. After his second malicious prosecution, Plaintiff’s mother, Roberta Roy,
requested an investigation of these two incidents. The resulting investigation revealed material
inconsistencies in the State’s case against Plaintiff. Dashboard video camera evidence suggests
that Deputy Johnson perjured himself in the criminal trial.
21. On July 28, 2010, as a result of these inconsistencies, the Queen Anne’s County
State’s Attorney entered an order of nolle prosequi for each charge against Plaintiff (Case
Number: 0M00018795).
22. During that hearing, the State’s Attorney is quoted as saying that the dashboard
camera revealed that the recorded events were “contrary to what the officer testified to in his
police report.” The State’s Attorney also states that “there was actually no probable cause for the
traffic stop.” Given this new evidence, the State’s Attorney concedes, “the State would not have
proceeded with the matter.”
23. Plaintiff was finally released from custody on or about July 28, 2010, meaning
that he had been unlawfully incarcerated for approximately 41 days.
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24. As a result of the Defendants’ actions, Plaintiff has suffered, and continues to
suffer, mental anguish, emotional pain and suffering, and financial loss.
25. Defendants’ actions were outrageous and beyond the bounds of decency.
26. At all times relevant hereto, Defendants acted without legal justification or
excuse.
27. At all times relevant hereto, Defendants acted with an evil and rancorous motive,
influenced by hate, the purpose being to deliberately and willfully injure Mr. Lee.
28. At all times relevant hereto, Defendants acted deliberately, with ill will, improper
motive, and actual malice.
29. At all times relevant hereto, Defendants acted under color and pretense of law,
and under color of statutes, customs, and usages of the State of Maryland.
30. At all times relevant hereto, Defendants acted within the scope of his employment
as a Queen Anne’s County deputy sheriff. Queen Anne’s County is therefore vicariously liable
for the tortious conduct of its officers.
31. Queen Anne’s County is vicariously liable for the tortious actions of Deputy
Johnson. Deputy Johnson is liable for his own constitutional and common law torts, including
but without limitation: violations of Articles 24 and 26 of the Maryland Declaration of Rights;
false arrest; malicious prosecution; false imprisonment; civil conspiracy; invasion of privacy;
abuse of process; intentional infliction of emotional distress; gross negligence; and general
negligence. Mr. Lee additionally has been receiving medical treatment from the psychiatrist for
anxiety and depression, including but not limited to prescription therapy and counseling. Mr.
Lee struggles with sleeping and avoids socializing with other people due to his emotional distress
from Defendants’ conduct.
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32. In the alternative, at all times relevant hereto, the Defendants acted with
negligence and/or gross negligence in violation of the lawful duties owed Mr. Lee.
33. As a direct and proximate result of the aforesaid conduct, actions, and inactions of
Defendants, as well as those stated elsewhere herein, Mr. Lee was caused to suffer and continues
to suffer physical pain and mental pain and suffering, including but not limited to, undue
emotional distress, mental anguish, humiliation, embarrassment, loss of respect, loss of society,
shame, and loss of enjoyment of life. Mr. Lee was caused to suffer and continues to suffer from
economic damages, including, but not limited to, lost time and wages from work, lost earning
capacity, tuition expenses, and medical bills, all to his great detriment.
34. Plaintiff further alleges that all of his injuries, losses and damages – past, present,
and prospective – were caused solely by the actions of Defendants, as set forth above, without
any negligence, want of due care, or provocation on the part of Plaintiff, either directly or
indirectly.
COUNT I (Violation of the 4th Amendment to the
United States Constitution, 42 U.S.C. § 1983 – as against all Defendants)
35. Plaintiff adopts and incorporates by reference each and every allegation contained
elsewhere herein verbatim with the same effect as if herein fully set forth.
36. Mr. Lee has, and at all relevant times had, a legitimate claim of entitlement to the
rights in question under the United States Constitution.
37. 42 U.S.C. § 1983 provides in pertinent part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an
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action at law, suit in equity, or other proper proceeding for redress.
38. At all times relevant to this matter, Defendants acted under color of law.
39. Mr. Lee was in fear of his safety and life as a result of Defendants’ acts.
40. A reasonable person in Mr. Lee’s position would not have believed that he was
able to the leave the encounter.
41. Defendants’ acts abused their power and were used to oppress Mr. Lee.
42. Defendants’ acts shocked the conscience and amounted to an inhumane abuse of
power, thereby subjecting Mr. Lee to a deprivation of his rights and privileges as secured by the
U.S. Constitution.
43. This action arises under the United States Constitution, particularly under the
provisions of the Fourth Amendment to the United States Constitution, and under federal law,
particularly the Civil Rights Act, 42 U.S.C. § 1983.
44. Defendants deprived Mr. Lee of rights and privileges secured by the Constitution
and laws of the United States, including his rights under the Fourth Amendment to the United
States Constitution, within the meaning of 42 U.S.C. § 1983.
45. Defendants engaged in activity that violated Plaintiff’s rights as protected under
the Fourth Amendment to the United States Constitution. Mr. Lee had a right to ignore unlawful
orders given by the Defendant Deputy. Defendants’ actions without probable cause infringed
those rights.
46. By the actions detailed herein, including, but not limited to, the excessive force
against Plaintiff, the arrest of Plaintiff without probable cause, and the malicious prosecution of
Plaintiff, Defendants deprived Plaintiff of his rights under the Fourth Amendment to the United
States Constitution.
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47. Through the conduct described above, Defendants interfered with Mr. Lee’s
exercise or enjoyment of rights secured by the laws and Constitution of the United States.
48. Defendants and/or any other unnamed officers described above deprived Mr. Lee
of his constitutional rights under the Fourth Amendment to the United States Constitution by
arresting him without probable cause, searching him without probable cause, and subjecting him
to excessive and unreasonable force.
49. Defendants and/or any other unnamed officers described above committed each of
the wrongful acts alleged in this complaint, and they committed these wrongful acts under the
color and pretense of state law, including statutes, ordinances, regulations, customs, and usages
of the United States and Maryland, and under the apparent authority of their office as deputy
sheriffs and agents for the Sheriff’s Office.
50. At all times relevant hereto, Defendants and/or any other unnamed officers
described above were, as part of their regular and official employment, officers of the Sheriff’s
Office.
51. At all times relevant hereto, Defendants subjected Mr. Lee to the deprivation of
his rights with actual or implied malice, in an unreasonable and unnecessary fashion.
52. As a direct and proximate result of the aforesaid conduct, actions, and inactions of
Defendants, Mr. Lee was caused to suffer and continues to suffer mental pain and suffering,
including but not limited to, undue emotional stress, mental anguish, humiliation,
embarrassment, loss of respect, shame, loss of enjoyment of life and liberty, economic damages
including, but not limited to, past and future medical bills and expenses, past and future lost time
and wages from work, past and future lost earning capacity, and unnecessary attorneys’ fees, all
to his great detriment.
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53. As a direct and proximate result of the false arrest made in front of Mr. Lee’s
girlfriend and a large group of bystanders, Mr. Lee suffered extreme embarrassment,
degradation, and emotional anguish.
54. As a direct and proximate result of Defendants’ unconstitutional acts, Mr. Lee
suffered humiliation and extreme mental and post-traumatic emotional distress.
55. As a direct and proximate result of Defendants’ unconstitutional acts, Mr. Lee
suffered physical injury, pain, and anguish.
56. As a further proximate result of Defendants’ unconstitutional acts, Mr. Lee
incurred expenses, and lost income as a result of his inability to transact his usual business.
57. Defendants’ acts were a foreseeable cause of the injuries sustained by Mr. Lee.
58. The Sheriff’s Office is vicariously liable for the constitutional violations of its
deputy sheriffs.
59. At no time did Mr. Lee cause or contribute to his injuries, search, seizure,
imprisonment, or abuse.
60. All of Mr. Lee’s injuries, losses, and damages – past, present and prospective –
were caused solely by the conduct, actions, inactions of Defendants, as set forth herein, without
any negligence, want of due care, or provocation on the part of Plaintiff, either directly or
indirectly.
61. Defendants and/or any other unnamed officers described above committed each of
the acts knowingly, intentionally, and maliciously. As a result, Mr. Lee is entitled to an award of
compensatory and punitive damages.
WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually,
jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus
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interest, costs, and attorneys’ fees, and punitive damages, in an amount to be determined at trial,
but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further
relief as the nature of the case requires.
COUNT II (42 U.S.C. § 1983 – 14th Amendment – Due Process – as against all Defendants)
62. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
63. This cause of action is brought by the Plaintiff against the Defendants for the
deprivation of his constitutional rights, within the meaning of 42 U.S.C. § 1983.
64. The Defendants deprived Lee of rights and privileges secured by the Constitution
and laws of the United States, within the meaning of 42 U.S.C. § 1983.
65. As a direct and proximate result of the Defendants’ unconstitutional acts, Lee
suffered deprivations of his civil rights, mental and emotional damages, and financial damages.
66. Through the conduct described above, the Defendants interfered with Lee’s
exercise or enjoyment of rights secured by the laws and Constitution of the United States.
67. This action arises under the United States Constitution, particularly under the
provisions of the Fourteenth Amendment of the United States Constitution, and under federal
law, particularly the Civil Rights Act, 42 U.S.C. § 1983.
68. The Defendants deprived Lee of his constitutional rights under the Fourteenth
Amendment of the United States Constitution by arresting him without probable cause,
maliciously prosecuting him, harassing him, and falsely imprisoning him for more than forty
days, depriving him of due process of law.
69. The Defendants described above committed each of the wrongful acts alleged in
this complaint, and they committed these wrongful acts under the color and pretense of state law,
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including statutes, ordinances, regulations, customs, and usages of the United States and the
State of Maryland, and under the apparent authority of their office as officers and agents of
Queen Anne’s County.
70. At no time did Traee Daran Lee cause or contribute to his arrest, seizure, or
imprisonment.
71. Queen Anne’s County and the State of Maryland are vicariously liable for the
constitutional violations of its law enforcement officers.
72. Deputy Johnson committed each of the acts knowingly, intentionally, and
maliciously. As a result, Plaintiff is entitled to an award of compensatory and punitive damages.
73. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT III (42 U.S.C. § 1983 – Monell Claim – as against all Defendants)
74. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
75. The Queen Anne’s County Sheriff’s Office failed to adequately train, supervise,
and discipline its officers. The Queen Anne’s County Sheriff’s Office failed to adequately train
and supervise its officers in proper conduct.
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76. The failure to properly train, supervise, and discipline officers demonstrates a
gross disregard for the constitutional rights of the public and those of Traee Daran Lee, and was
a proximate cause of Mr. Lee’s injuries.
77. The Queen Anne’s County Sheriff’s Office has instituted and maintained formal
and informal customs, policies, and practices that foster, promote and encourage deputies to
engage in misconduct and to deprive individuals of their constitutional rights. Without any
limitation whatsoever, among the facts supporting a pattern and practice of the type of unlawful
behavior here are the following statements and examples:
a. On May 12, 2011, Queen Anne’s County deputy John Dennis Hofmann pled guilty to second-degree assault after groping a woman inside his patrol car in August 2009. Deputy Hofmann is the brother of the Queen Anne’s County Sheriff, Gary Hofmann. Hofmann remains employed by the Queen Anne’s Sheriff’s Office. b. In August 2007, the Queen Anne’s County Sheriff’s Office suspended three deputies for misconduct that occurred during a traffic stop. The misconduct concerned violations of departmental policies and procedures having to do with vehicle searches. After the investigation, all three deputies were reinstated even though two deputies had been found to have violated policies and procedures. c. On March 17, 2004, Queen Anne’s County Deputy Sheriff Mark Barbre shot and paralyzed Andrew Pope, III during a traffic stop. Deputy Barbre had signaled for Pope to stop and pull over, but Pope continued to drive his vehicle until he reached his house, where he exited his vehicle and raised his hands in surrender. Deputy Barbre shot his firearm at Pope, striking him in the neck, paralyzing him.
78. The policies and customs of the Queen Anne’s County Sheriff’s Office, as set
forth herein, demonstrate a gross disregard for the constitutional rights of the public and Traee
Daran Lee. At the time of the injury to Traee Daran Lee, the Queen Anne’s County Sheriff’s
Office was operating under unconstitutional customs, policies, and procedures. These customs,
policies, and procedures were a direct and proximate cause of the injuries and damages at issue
in this Complaint.
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79. Traee Daran Lee spent over forty days in jail for a crime he never committed, and
was subjected to continuing harassment by a deputy of the Queen Anne’s County Sheriff’s
Office. These actions were a direct and proximate result of the Defendants’ misconduct as
detailed herein, which misconduct was in keeping with the policies, as evidenced by the pattern
and practice outlined above, of the Queen Anne’s County Sheriff’s Office.
80. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT IV (42 U.S.C. § 1985 - Conspiracy – as against all Defendants)
81. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
82. The Defendants each conspired with the other to violate the constitutional rights
of Traee Daran Lee, and to directly and proximately cause his injuries and violate his
constitutional rights, as well as the other damages at issue here.
83. The Defendants each took affirmative steps towards the conspiracy by unlawfully
arresting, harassing, maliciously prosecuting, and wrongfully imprisoning Lee based upon
discriminatory animus.
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84. Queen Anne’s County and the Queen Anne’s County Sheriff’s Office took
affirmative steps towards the conspiracy by failing and refusing to properly train and supervise
its officers, creating an environment in which the conspiracy here was permitted.
85. This conspiracy denied the Plaintiff his due process rights, equal protection and
equal privileges and immunities under the law.
86. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT V (42 U.S.C. § 1986 – Neglect to Prevent Conspiracy – as against all Defendants)
87. Plaintiff adopts and incorporates by reference each and every allegation contained
elsewhere herein verbatim with the same effect as if herein fully set forth.
88. Defendants conspired with others to violate the constitutional rights of Mr. Lee
and to directly and proximately cause his injuries, as well as the other damages at issue here.
89. Defendants and other officers had knowledge that failing to discipline, properly
train, and/or fire the Defendant Deputy Sheriff for his propensity to escalate petty slights into
violent confrontations, thereby created an environment in which the conspiracy was permitted.
90. The Sheriff’s Office had knowledge that its officers requested a warrant under
false pretenses, that they physically assaulted Mr. Lee, that they conducted a false arrest, that
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they falsely imprisoned Mr. Lee for more than 40 days, that they permitted the application of
false charges, and finally, that they attempted to cover up the entire affair.
91. The Sheriff’s Office had the power to prevent or aid in preventing the conspiracy
through proper training, hiring, and retention policies for employees.
92. The Sheriff’s Office neglected or refused to prevent or aid in preventing the
conspiracy.
93. This conspiracy denied Mr. Lee equal protection and equal privileges and
immunities under the law.
94. As a direct and proximate result of the aforesaid conduct, actions, and inactions of
Defendants, Mr. Lee was caused to suffer and continues to suffer mental pain and suffering,
including but not limited to, undue emotional stress, mental anguish, humiliation,
embarrassment, loss of respect, shame, loss of enjoyment of life and liberty, economic damages
including, but not limited to, past and future medical bills and expenses, past and future lost time
and wages from work, past and future lost earning capacity, and unnecessary attorneys’ fees, all
to his great detriment.
WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually,
jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus
interest, costs, and attorneys’ fees, and punitive damages, in an amount to be determined at trial,
but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further
relief as the nature of the case requires.
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COUNT VI (Violation of Maryland Declaration of Rights – Article 24 – as against all
Defendants)
95. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
96. Defendants engaged in activity that violated Mr. Lee’s rights as protected under
the Maryland Constitution.
97. Defendants unlawfully seized Plaintiff without legal justification or excuse,
thereby injuring Plaintiff by depriving him of his liberty, without due process of law, in violation
of Article 24 of the Maryland Declaration of Rights.
98. By the actions detailed herein, Defendants deprived Plaintiff of his rights under
Article 24 of the Maryland Declaration of Rights, including, but not limited to:
(a) freedom from imprisonment and seizure of freehold, liberty and privilege
without due process, and without judgment of her peers;
(b) freedom from the deprivation of liberty without due process of the law,
and without the judgment of her peers;
(c) freedom from the deprivation of property without due process of the law,
and without the judgment of his peers;
(d) freedom from the abuse of power by the police; and
(e) freedom from summary punishment.
99. Mr. Lee has a protected property and liberty interest in his freedom, his ability to
exercise his free will and domain over his person, his ability to free from unlawful and excessive
police force, and his ability to practice his chosen profession and earn a living thereby.
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100. Defendants deprived Mr. Lee of numerous protected property and liberty
interests.
101. Defendants afforded Mr. Lee less process than was due under law by depriving
him of the rights in question.
102. Plaintiff was deprived of numerous protected property interests by Defendants.
103. Plaintiff was afforded less process than was due under law by Defendants in
depriving him of the rights in question.
104. Defendants falsely arrested Mr. Lee for a crime he did not commit thus depriving
him of his constitutional rights under Article 24 of the Maryland Declaration of Rights,
including, but not limited to, freedom from abuse of power by the police.
105. Defendants, at all times relevant hereto, acted under the color of State law and in
a manner which was not objectively reasonable.
106. Defendants deprived Mr. Lee of numerous protected property and liberty
interests.
107. Defendants afforded Mr. Lee less process than was due under the law by
depriving him of the rights in question.
108. As a direct and proximate result of Defendants’ conduct, Mr. Lee suffered the
emotional injuries, physical injuries, and financial damages described above.
109. Plaintiff further alleges that all of his injuries, losses and damages – past, present,
and prospective – were caused solely by the actions of Defendants, as set forth above, without
any negligence, want of due care, or provocation on the part of Plaintiff, either directly or
indirectly.
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WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually,
jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus
interest, costs, and attorneys’ fees, and punitive damages, in an amount to be determined at trial,
but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further
relief as the nature of the case requires.
COUNT VII (Violation of Maryland Declaration of Rights – Article 26 – as against all
Defendants)
110. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
111. Defendants engaged in activity that violated Mr. Lee’s rights as protected under
the Maryland Constitution.
112. Defendants unlawfully searched and seized Plaintiff in violation of Mr. Lee’s
rights under Article 26 of the Maryland Declaration of Rights to be free from unlawful seizures.
113. Defendants engaged in activity that violated Mr. Lee’s rights as protected under
the Maryland Constitution.
114. Defendants’ actions, including, but not limited to, the use of excessive force and
the impounding of Plaintiff’s vehicle, deprived Plaintiff of his rights under the Maryland
Declaration of Rights, including, but not limited to:
(a) freedom from imprisonment and seizure of freehold, liberty and privilege
without due process, and without judgment of his peers;
(b) freedom from the deprivation of liberty without due process of the law,
and without the judgment of his peers;
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(c) freedom from the deprivation of property without due process of the law,
and without the judgment of his peers;
(d) freedom from the abuse of power by the police; and
(e) freedom from summary punishment.
115. Mr. Lee has a protected property and liberty interest in his freedom, his ability to
exercise his free will and domain over his person, his ability to be free from unlawful and
excessive police force, and his ability to practice his chosen profession and earn a living thereby.
116. Defendants falsely arrested Mr. Lee for a crime he did not commit thus depriving
him of his constitutional rights under Article 26 of the Maryland Declaration of Rights,
including, but not limited to, freedom from abuse of power by the police.
117. Defendants, at all times relevant hereto, acted under the color of State law and in
a manner which was not objectively reasonable.
118. Defendants deprived Mr. Lee of numerous protected property and liberty
interests.
119. Defendants afforded Mr. Lee less process than was due under the law by
depriving him of the rights in question.
120. As a direct and proximate result of Defendants’ conduct, Mr. Lee suffered the
emotional injuries, physical injuries, and financial damages described above.
121. Plaintiff further alleges that all of his injuries, losses and damages – past, present,
and prospective – were caused solely by the actions of Defendants, as set forth above, without
any negligence, want of due care, or provocation on the part of Plaintiff, either directly or
indirectly.
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WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually,
jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus
interest, costs, and attorneys’ fees, and punitive damages, in an amount to be determined at trial,
but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further
relief as the nature of the case requires.
COUNT VIII (False Arrest – as against all Defendants)
122. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
123. Deputy Johnson caused an arrest warrant to be improperly issued on or about
April 5, 2010. Upon learning of this warrant, Plaintiff promptly surrendered to the authorities.
124. On or about June 14, 2010, Plaintiff was arrested without probable cause to
support the arrest.
125. Each of these two actions amounted to the false arrest of Plaintiff.
126. The conduct of the individual defendant, Deputy Johnson, was extreme and
outrageous and beyond the bounds of decency in society.
127. The Defendants’ conduct was willful and intentional.
128. Each of the two arrests unlawfully caused the false imprisonment of Plaintiff.
129. The above-described false arrests were an abuse of the privilege of detention, and
Deputy Johnson and/or other state and county officials, acting within the scope of his/their
employment, acted in detaining Plaintiff without the proper right to do so.
130. Plaintiff was forced by agents, servants, officers and employees of Queen Anne’s
County and the State of Maryland, through the action of Deputy Johnson, to submit to such arrest
and detention, as well as the indignities and humiliations described above.
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131. Defendants failed to follow normal and accepted police practices and procedures
in the false arrest of Plaintiff.
132. Defendants intentionally and unlawfully restrained Plaintiff and deprived him of
his liberty.
133. Plaintiff did not consent to the restraint of his liberty.
134. The deprivation of Plaintiff’s liberty was without any legal justification and was
done deliberately.
135. The Defendants’ aforesaid acts were undertaken deliberately.
136. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT IX (False Imprisonment – as against all Defendants)
137. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
138. Defendants restrained Plaintiff’s liberty by acts including, but not limited to,
physically taking hold of his person, applying handcuffs to him, and arresting and imprisoning
him.
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139. Defendant’s actions caused Plaintiff to be unlawfully deprived of his liberty on
two separate occasions. First, on or about April 7, 2010. Second, from June 17, 2010, until July
28, 2010.
140. Plaintiff did not consent to the deprivation of his liberty by Defendants on either
occasion.
141. Plaintiff was conscious of and harmed by the unlawful restriction of his liberty on
each occasion.
142. Defendants’ confinement of Plaintiff was complete on each occasion.
143. Defendants acted with the specific intent to deprive Plaintiff of his physical
freedom and liberty and to imprison him on each occasion.
144. Defendants had no legal authority to arrest Plaintiff on either occasion.
145. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT X (Malicious Prosecution – as against all Defendants)
146. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
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147. Defendants initiated and continued a criminal proceeding against Plaintiff without
proper justification.
148. The criminal case terminated in favor of Plaintiff. On July 28, 2010, the Queen
Anne’s County State’s Attorney entered an order of Nolle Prosequi for each charge against
Plaintiff.
149. There was no probable cause for Plaintiff’s arrest, detention or the criminal case
against him.
150. The prosecution of Plaintiff in the criminal case was undertaken with malice
and/or a purpose other than bringing Plaintiff to justice.
151. Defendants caused the criminal prosecution of Plaintiff by falsely asserting that
he had committed various crimes, which Defendants knew that Plaintiff had not committed.
152. Defendants relied on perjured testimony in their criminal prosecution of Plaintiff.
153. Defendants’ actions constituted malicious prosecution.
154. Defendants’ aforesaid acts were undertaken deliberately.
155. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
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COUNT XI (Abuse of Process – as against all Defendants)
156. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
157. Deputy Johnson took advantage of the ordinary criminal process to harass
Plaintiff and his family, for a period of two months.
158. Deputy Johnson’s actions were willful.
159. This type of harassment is not contemplated by law.
160. Deputy Johnson engaged in this harassment for ulterior motives and out of ill will.
161. Plaintiff was damaged by Deputy Johnson’s perverted use of the criminal process
by being subject to unwanted harassment over a two-month period.
162. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT XII (Invasion of Privacy – as against all Defendants)
163. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
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164. Deputy Johnson invaded Plaintiff’s privacy by continually harassing him and his
family over a two-month period.
165. This harassment constituted an unreasonable intrusion upon the seclusion and
private affairs of Plaintiff and his family.
166. Defendant Johnson’s actions were intentional.
167. Defendant Johnson’s harassing conduct would be highly offensive to a reasonable
person.
168. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT XIII (Civil Conspiracy – as against all Defendants)
169. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
170. Defendants, by agreement and understanding, agreed to and did jointly commit
the unconstitutional, unlawful and tortious conduct described herein by unlawful and tortious
means, including but not limited to: conducting a traffic stop without probable cause to support
the stop, using false testimony to swear out an arrest warrant, harassing P and his family for two
continuous months, arresting Plaintiff without probable cause, maliciously prosecuting Plaintiff
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with false charges filed against him, using Deputy Johnson’s perjured testimony at trial, and
convicting and incarcerating Plaintiff under false pretenses.
171. Each Defendant took at least one unlawful action in knowing furtherance of the
conspiracy.
172. Plaintiff suffered, and continues to suffer, actual legal damage as a direct and
proximate result of Defendants’ actions.
173. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT XIV (Intention Infliction of Emotional Distress – as against all Defendants)
174. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
175. Deputy Johnson and/or other state and county officials arrested Plaintiff under
false pretenses, engaged in malicious prosecution, provided perjured testimony during trial,
falsely convicted Plaintiff, falsely imprisoned Plaintiff, and harassed Plaintiff and his family over
a two-month period, violating Plaintiff’s constitutional rights. This conduct was intentional or
reckless. These tortious acts and egregious violations of Plaintiff’s constitutional rights are
certain or substantially certain to result in severe emotional distress.
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176. Defendants’ conduct in assaulting, harassing, falsely arresting, maliciously
prosecuting, falsely convicting, falsely and pretextually imprisoning Plaintiff, and violating
Plaintiff’s constitutional rights, was extreme and outrageous. Defendants’ conduct is beyond all
possible bounds of decency and utterly intolerable in a civilized society.
177. Plaintiff has suffered mental and emotional distress of a severe nature, as
demonstrable by continuing physical and emotional symptoms.
178. There is a causal connection between the Defendants’ and/or other state and
county officials’ wrongful conduct and the Plaintiff’s emotional distress.
179. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT XV (Negligent Hiring)
180. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
181. At all times relevant hereto, Deputy Johnson was employed by Queen Anne’s
County as a deputy sheriff, and was acting in his official capacity as a Queen Anne’s County
deputy sheriff.
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182. Defendant Queen Anne’s County owed the Plaintiff a duty to hire competent
deputies.
183. Defendant Queen Anne’s County breached its duty to hire competent deputy
sheriffs who would not violate citizens’ civil rights. Deputy Johnson’s and/or other Queen
Anne’s County deputy sheriffs’ violation of Plaintiff’s and other citizens’ civil rights
demonstrated that they were incompetent to provide law enforcement services. Defendant
Queen Anne’s County hired Queen Anne’s County deputy sheriffs that would violate citizens’
civil rights.
184. Defendant Queen Anne’s County knew or should have known, at the time of
hiring Deputy Johnson and/or other Queen Anne’s County deputy sheriffs who violated
Plaintiff’s rights, of these individuals’ propensity to violate citizens’ civil rights.
185. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland and the State of Maryland, jointly and severally, in the amount
of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars
($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and costs.
COUNT XVI (Negligent Training and Supervision)
186. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
187. At all times relevant hereto, Deputy Johnson and/or other Queen Anne’s County
deputy sheriffs were employed by Queen Anne’s County as deputy sheriffs.
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188. Defendant Queen Anne’s County had a duty to train and supervise competent
deputy sheriffs.
189. Defendant Queen Anne’s County breached its duty to train and supervise
competent deputy sheriffs such that they would not violate Plaintiff’s and other citizens’ civil
rights and/or commit tortious acts against them. Deputy Johnson’s and/or other Queen Anne’s
County deputy sheriffs’ violations of Plaintiff’s and other citizens’ civil rights and the
commission of tortious acts against Plaintiff and other citizens demonstrated that they were
improperly trained and supervised to provide law enforcement services. Defendant Queen
Anne’s County trained and supervised Queen Anne’s County deputy sheriffs such that these
deputies would violate citizens’ civil rights.
190. The State has failed and refused to properly train and supervise Deputy Johnson
and/or other Queen Anne’s County deputy sheriffs regarding the rights of Maryland citizens to
be secure from false arrest, malicious prosecution, perjured testimony, false conviction, and false
imprisonment.
191. The State has failed and refused to properly train and supervise Deputy Johnson
and/or other Queen Anne’s County deputy sheriffs not to commit the wrongs alleged elsewhere
herein.
192. The State has a duty to individuals such as Plaintiff to properly train and supervise
deputies such that they do not violate the rights of citizens.
193. The State breached its duty to Plaintiff and others by failing and refusing to
properly train and supervise Deputy Johnson and/or other Queen Anne’s County deputy sheriffs.
194. As a direct and proximate result of the State’s negligent training and supervision
of Deputy Johnson and/or other Queen Anne’s County deputy sheriffs, Deputy Johnson and/or
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other Queen Anne’s County deputy sheriffs committed the other wrongs alleged in this case
against Plaintiff.
195. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland and the State of Maryland, jointly and severally, in the amount
of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars
($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and costs.
COUNT XVII (Negligent Retention)
196. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
197. At all times relevant hereto, Deputy Johnson and/or other Queen Anne’s County
deputy sheriffs were employed by Queen Anne’s County as deputy sheriffs.
198. Defendant Queen Anne’s County had a duty to retain only competent deputy
sheriffs.
199. Defendant Queen Anne’s County breached its duty to retain only competent
deputies. Defendant Queen Anne’s County knew or should have known of Deputy Johnson’s
and/or other Queen Anne’s County deputy sheriffs’ propensity to commit tortious acts and/or
violate citizens’ civil rights. Deputy Johnson’s and/or other Queen Anne’s County deputy
sheriffs’ propensity to commit tortious acts and/or violate citizens’ civil rights rendered them
incompetent to act as Queen Anne’s County deputy sheriffs. Defendant Queen Anne’s County
was negligent in failing to discharge officers it knew or should have known had a propensity to
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violate citizens’ civil rights and commit tortious acts such that Deputy Johnson’s and/or other
Queen Anne’s County deputy sheriffs’ would not violate Plaintiff’s civil rights and/or commit
tortious acts against him.
200. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland and the State of Maryland, jointly and severally, in the amount
of Five Million Dollars ($5,000,000.00) in compensatory damages and Five Million Dollars
($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and costs.
COUNT XVIII (Unlawful Custom, Pattern, or Practice of Improper Conduct – as against all Defendants)
201. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
202. The false arrest, malicious prosecution, use of perjured testimony during criminal
trials, false conviction, and false imprisonment of detainees occurs so frequently that it has
become accepted manner by Defendants. This is a result of the Defendants’ failure to establish
effective procedures, rules, orders, guidelines and practices to ensure that such actions will not
occur and to ensure that allegations of wrongdoing will be thoroughly investigated and
appropriately punished when found to have occurred. As a result of this failure, there has been a
regular pattern and practice of false arrest, malicious prosecution, use of perjured testimony
during criminal trials, false conviction, and false imprisonment of detainees. This pattern and
practice has been manifested in other prior incidents with Queen Anne’s County deputy sheriffs.
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203. Queen Anne’s County has failed to effectively instruct officers that they have a
duty to prevent and report false arrests, malicious prosecutions, the use of perjured testimony
during criminal trials, false convictions, and the false imprisonment of detainees when it occurs.
204. The policies and customs of Queen Anne’s County, as set forth herein,
demonstrate a gross disregard for the constitutional rights of the public and the Plaintiff. At the
time of the injury to Plaintiff, Deputy Johnson and/or other Queen Anne’s County deputy
sheriffs were operating under unconstitutional customs, policies, and procedures of Queen
Anne’s County. These customs, policies, and procedures were a proximate cause of the
Plaintiff’s injuries.
205. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT XIX (Gross Negligence – as against all Defendants)
206. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
207. Deputy Johnson acted with a wanton and reckless disregard for Plaintiff’s civil
rights by conducting an illegal traffic stop, causing an improper warrant to issue, harassing
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Plaintiff and his family during a two-month period, by committing perjury during Plaintiff’s
criminal trial, and by causing Plaintiff to be falsely convicted and imprisoned.
208. Deputy Johnson intentionally failed to perform his duties as a deputy sheriff by
conducting an illegal traffic stop, causing an improper warrant to issue, by harassing Plaintiff and
his family during a two-month period, by committing perjury during Plaintiff’s criminal trial,
and by causing Plaintiff to be falsely convicted and imprisoned.
209. Deputy Johnson’s conduct demonstrated a thoughtless disregard of the
consequences of his actions and he showed no effort to avoid these consequences.
210. Deputy Johnson’s conduct demonstrated an indifference to Plaintiff’s civil rights
to the point where he acted as if such rights did not exist.
211. Deputy Johnson intentionally inflicted injuries on Plaintiff through his wrongful
conduct.
212. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT XX (General Negligence – as against all Defendants)
213. Plaintiff adopts and incorporates by reference each and every allegation contained
in the forgoing paragraphs verbatim with the same effect as if herein fully set forth.
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214. Deputy Johnson owed Plaintiff a duty of care.
215. Deputy Johnson breached that duty of care by conducting an illegal traffic stop,
causing an improper warrant to issue, harassing Plaintiff and his family during a two-month
period, by committing perjury during Plaintiff’s criminal trial, and by causing Plaintiff to be
falsely convicted and imprisoned.
216. Plaintiff suffered damages as a direct result of Deputy Johnsons’ breach of his
duty of care.
217. As a direct and proximate result of the aforesaid conduct, actions and inactions of
Defendants, as well as those stated elsewhere herein, Plaintiff was caused to suffer and continues
to suffer the mental, emotional and economic damages described above.
WHEREFORE, Plaintiff, Traee Daran Lee, demands judgment against Defendants,
Queen Anne’s County, Maryland, Deputy Johnson, and the State of Maryland, jointly and
severally, in the amount of Five Million Dollars ($5,000,000.00) in compensatory damages and
Five Million Dollars ($5,000,000.00) in punitive damages, plus attorneys’ fees, interest and
costs.
COUNT XXI (Negligent Entrustment)
218. Plaintiff adopts and incorporates by reference each and every allegation contained
in the foregoing paragraphs verbatim with the same effect as if herein fully set forth.
219. Defendant Queen Anne’s County had a duty to use reasonable care to select
officers who are competent and fit to perform the duties of a Queen Anne’s County Deputy
Sheriff.
220. The Defendant Deputy Sheriff was an employee of Queen Anne’s County at the
time of the events described herein.
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221. Defendant Queen Anne’s County armed the Defendant Deputy Sheriff by
supplying him with weapons and the authority to arrest.
222. The Defendant Deputy Sheriff, armed by Queen Anne’s County, employed those
weapons against Plaintiff in an unlawful, unconstitutional, and tortious manner.
223. Defendant Queen Anne’s County had constructive and/or actual knowledge of
Defendants’ tendencies for violence and unlawful and unconstitutional behavior.
224. Because of his tendencies and conduct, Queen Anne’s County knew or reasonably
should have known that the Defendant Deputy Sheriff would be likely to use those that authority
in a manner involving unreasonable risk of physical harm to the public and to Mr. Lee.
225. Defendant Queen Anne’s County knew or reasonably should have known that the
public and Mr. Lee would be endangered by arming the Defendant Deputy Sheriff with the
weapons and authority supplied to them by Queen Anne’s County.
226. Defendant Queen Anne’s County knew or reasonably should have known of
Defendants’ propensity for violence, lack of control, and dangerous behavior.
227. As a direct and proximate result of the Defendants’ acts and omissions in this
case, Mr. Lee was caused to sustain injuries including, but not limited to temporary and
permanent physical injuries, physical pain and suffering, mental pain and suffering, including but
not limited to, undue emotional distress, mental anguish, humiliation, embarrassment, loss of
respect, shame, loss of enjoyment of life and disability, and economic damages.
228. Had Defendant’s employer, Queen Anne’s County, exercised reasonable diligence
and care, it would have known that the Defendant Deputy Sheriff were capable of inflicting this
type of harm on the unsuspecting public, including Mr. Lee.
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229. Queen Anne’s County failed to use proper care in entrusting the Defendant
Deputy Sheriff with weapons and the authority to arrest.
230. Furthermore, since Queen Anne’s County knew and/or reasonably should have
known that the Defendant Deputy Sheriff would come into contact with the public, it should
have made reasonable inquiry before supplying the Defendant Deputy Sheriff with weapons and
the authority to arrest in order to ascertain his fitness to carry his duties in a lawful and proper
manner.
231. Defendants’ aforesaid acts were undertaken deliberately.
232. At all times relevant hereto, Defendants acted with ill will and actual malice.
233. As a direct and proximate result of Defendants’ conduct, Mr. Lee suffered the
emotional injuries, physical injuries, and financial damages described above.
234. Plaintiff further alleges that all of his injuries, losses and damages – past, present,
and prospective – were caused solely by the actions of Defendants, as set forth above, without
any negligence, want of due care, or provocation on the part of Plaintiff, either directly or
indirectly.
WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendant Queen Anne’s
County, MD and the State of Maryland in an amount of TEN MILLION DOLLARS
($10,000,000.00) plus interest, costs, and attorneys’ fees, and punitive damages, in an amount to
be determined at trial, but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and
such other and further relief as the nature of the case requires.
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COUNT XXII (Violation of the 5th Amendment to the United States Constitution, 42 U.S.C. § 1983 – as
against all Defendants)
235. Plaintiff adopts and incorporates by reference each and every allegation contained
elsewhere herein verbatim with the same effect as if herein fully set forth.
236. 42 U.S.C. § 1983 provides in pertinent part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
237. This action arises under the United States Constitution, particularly under the
provisions of the Fifth Amendment to the United States Constitution, and under federal law,
particularly the Civil Rights Act, 42 U.S.C. § 1983.
238. Defendants deprived Mr. Lee of rights and privileges secured by the Constitution
and laws of the United States, including his rights under the Fifth Amendment to the United
States Constitution, within the meaning of 42 U.S.C. § 1983.
239. Mr. Lee’s Fifth Amendment rights were violated when he was subjected to
interrogation, while in custody, before and after he received his Miranda rights.
240. Through the conduct described above, Defendants interfered with Mr. Lee’s
exercise or enjoyment of rights secured by the laws and Constitution of the United States
241. The Defendant Deputy Sheriff and/or any other unnamed officers described above
deprived Mr. Lee of his constitutional rights under the Fifth Amendment to the United States
Constitution by depriving him of due process of law.
242. The Defendant Deputy Sheriff and/or any other unnamed officers described above
committed each of the wrongful acts alleged in this complaint, and they committed these
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wrongful acts under the color and pretense of state law, including statutes, ordinances,
regulations, customs, and usages of the United States and the State of Maryland, and under the
apparent authority of their office as Deputy Sheriffs and agents for the Queen Anne’s County
Office of the Sheriff.
243. At the above time and place, the Defendant Deputy Sheriff and/or any other
unnamed officers described above were, as part of their regular and official employment, officers
of the Queen Anne’s County Office of the Sheriff.
244. As a direct and proximate result of Defendants’ unconstitutional acts, Mr. Lee
suffered humiliation and extreme mental and post-traumatic emotional distress.
245. As a direct and proximate result of Defendants’ conduct and actions, Mr. Lee will
continue to endure mental anguish in the future.
246. As a further proximate result of Defendants’ unconstitutional acts, Mr. Lee
incurred expenses, and lost income as a result of his inability to transact his usual business.
247. At no time did Mr. Lee cause or contribute to his injuries, search, seizure,
imprisonment, or abuse.
248. The Defendant Deputy Sheriff and/or any other unnamed officers described above
committed each of the acts knowingly, intentionally, and maliciously. As a result, Mr. Lee is
entitled to an award of compensatory and punitive damages.
249. Plaintiff further alleges that all of his injuries, losses and damages – past, present,
and prospective – were caused solely by the actions of Defendants, as set forth above, without
any negligence, want of due care, or provocation on the part of Plaintiff, either directly or
indirectly.
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WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually,
jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus
interest, costs, and attorneys’ fees, and punitive damages, in an amount to be determined at trial,
but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further
relief as the nature of the case requires.
COUNT XXIII (Reckless Endangerment – as against all Defendants)
250. Plaintiff adopts and incorporates by reference each and every allegation contained
elsewhere herein verbatim with the same effect as if herein fully set forth.
251. Defendants recklessly acted with intent to seriously injure Mr. Lee.
252. Defendants’ actions were taken in reckless disregard for Mr. Lee’s health, safety,
and welfare.
253. Defendants’ action of recklessly assaulting Mr. Lee and the actions of the Queen
Anne’s County Office of the Sheriff employees who allowed this to occur placed Mr. Lee in
imminent fear for his life.
254. Defendants’ actions and those of the actors complicity involved who allowed this
to occur were intentional, reckless, and done with a callous disregard for the safety of Mr. Lee.
255. As a direct and proximate result of the conduct and actions of Defendants,
Plaintiff was caused to lose considerable time and wages from work, and to suffer great mental
anguish, humiliation, embarrassment, loss of respect, shame, loss of enjoyment of life, disability
and loss of earning capacity, all to his detriment.
256. As a direct and proximate result of Defendants’ conduct and actions, Plaintiff will
continue to endure mental anguish in the future.
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257. As a further direct and proximate result of the conduct and actions of Defendants,
Plaintiff suffered, and will continue to suffer, severe and extreme emotional distress, lost time
and wages from work, mental anguish, humiliation, embarrassment, loss of respect, shame, loss
of enjoyment of life, disability and loss of earning capacity, all to his detriment.
258. Plaintiff further alleges that all of his injuries, losses and damages – past, present,
and prospective – were caused solely by the actions of Defendants, as set forth above, without
any negligence, want of due care, or provocation on the part of Plaintiff, either directly or
indirectly.
WHEREFORE, Plaintiff Mr. Lee demands judgment against Defendants, individually,
jointly and severally, in an amount of TEN MILLION DOLLARS ($10,000,000.00) plus
interest, costs, and attorneys’ fees, and punitive damages, in an amount to be determined at trial,
but not less than TWENTY MILLION DOLLARS ($20,000,000.00), and such other and further
relief as the nature of the case requires.
JURY DEMAND
Plaintiff demands a jury trial as to all claims so triable.
Respectfully submitted,
JOSEPH, GREENWALD & LAAKE, P.A. ______/s/______________________________ Cary J. Hansel (Bar No. 14722) 6404 Ivy Lane, Suite 400 Greenbelt, Maryland 20770 (301) 220-2200 (O) (301) 220-1214 (F) chansel@jgllaw.com Counsel for Plaintiff
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
TRAEE DARAN LEE, P.O. Box 142 Grasonville, Maryland 21638 *Jury Trial Demanded* Plaintiff, v. Civil Case No. ____________ QUEEN ANNE’S COUNTY, MD, a municipal corporation Serve: Patrick E. Thompson, Esq., County Attorney 102 East Main St., Suite 203 Stevensville, Maryland 21666 and DEPUTY VERNELL JOHNSON Individually and in his Official Capacity as a former Queen Anne’s County Deputy Sheriff Queen Anne’s County Office of the Sheriff 505 Railroad Avenue Centreville, Maryland 21617 and STATE OF MARYLAND Serve: Nancy K. Kopp State of Maryland Treasurer's Office 80 Calvert Street Goldstein Treasury Building Annapolis, Maryland 21401 Defendants.
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LINE REGARDING SUMMONSES
SIR/MADAM CLERK: Kindly accept the attached Complaint and Jury Demand for filing, issue summonses
thereon, and return to undersigned counsel for service by private process.
Respectfully submitted, JOSEPH, GREENWALD & LAAKE, P.A.
______/s/________________________ Cary J. Hansel (Bar No. 14722) 6404 Ivy Lane, Suite 400 Greenbelt, Maryland 20770 (301) 220-2200 (O) (301) 220-1214 (F) chansel@jgllaw.com Counsel for Plaintiff
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