COMPLAINT

Sean Webb

[address]

[telephone]

[email]

Pro Se Litigant

IN THE COURT OF COMMON PLEAS

IN THE STATE OF OHIO

The Plaintiff, Sean Webb, brings this action against Danielle Plato (“Danielle”), Kimberly Plato (“Kimberly”), Thomas Plato (“Thomas”) (Danielle, Kimberly and Thomas collectively referred to as “Defendants”) alleging (1) defamation; (2) slander; (3) malicious prosecution; (4) false light; (5) intentional infliction of emotional distress; and (6) punitive damages.

PARTIES

• Plaintiff, Sean Webb, is the biological father and parent to Bailey Webb (“daughter”). The Plaintiff is also a resident of the state of Ohio.
• Defendant Danielle Plato is the biological mother and parent to Bailey Webb, and is a resident of the state of Ohio.
• Defendant Kimberly Plato is the mother of Danielle and grandmother of Bailey Webb. She is a resident of the state of Ohio.
• Defendant Thomas Plato is the father of Danielle and grandfather of Bailey Webb. He is a resident of the state of Ohio.

JURISDICTION AND VENUE

• This Court has jurisdiction to hear this matter pursuant to Ohio Rev. Code § 2305.01.
• This Court is the proper venue for this action, pursuant to Ohio R. Civ. P. 3(B)(1), (2), (3) and (6), as Defendants reside in and conducted activity within the state of Ohio, and claims for relief arose in the state of Ohio.

FACTUAL ALLEGATIONS

1. On January 19, 2022, the Plaintiff, Danielle and their daughter were visiting Kimberly and Thomas at their house located at house at 217 Erie Street, Elyria, OH 44035.
2. While still at Kimberly and Thomas’ house, Plaintiff noticed that the daughter was misbehaving and continued to do so despite numerous warnings.
3. Plaintiff proceeded to discipline the child through corporal punishment. In order to prevent the daughter from escaping the punishment, Plaintiff held the daughter holding onto the sweatshirt she was wearing.
4. Suddenly and to the Plaintiff’s surprise, Kimberly and Thomas began to interfere and pushed the Plaintiff and his daughter towards the refrigerator.
5. Kimberly and Thomas proceeded to report the incident to the police claimed that the Plaintiff wrapped his hands around the daughter’s neck and was choking her while pushing her into the refrigerator.
6. The police responded to the report and arrived at the house, where the Plaintiff was arrested and subsequently charged with assault and domestic violence.
7. The Plaintiff was later arraigned before the Elyria Municipal court to answer to the charges in criminal case [insert case number].
8. During the above events, Plaintiff noted that Danielle did not participate in filing of a police report against him, and neither did she swear an affidavit in support of the police report filed by her parents against the Plaintiff. Nevertheless, Plaintiff noted that Danielle had engaged in sharing false statements alleging that the Plaintiff wrapped his hands around the daughter’s neck and was choking her while pushing her into the refrigerator.
9. During the substance of criminal case [insert case number], evidence was produced in court which contravened the statements made by the defendants alleging that the Plaintiff wrapped his hands around the daughter’s neck and was choking her while pushing her into the refrigerator. The video evidence clearly demonstrated the Plaintiff did not engage in any such action.
10. The court took the evidence into consideration and determined that the Plaintiff had no case to answer. The court proceeded to schedule the matter to come up for dismissal on [insert date].
11. Despite the pending dismissal of the criminal action, Plaintiff is aggrieved by the actions by the Defendants. Plaintiff has been severely embarrassed due to the events depicted hereinabove.

CAUSE OF ACTION

FIRST CAUSE OF ACTION

(DEFAMATION/SLANDER Ohio Revised Code § 2739.01)

• The above paragraphs are here incorporated by reference.
• Defendants’ statements made to the police are defamatory.
• Defendants’ caused a criminal case to be filed against the Defendant, which case is within the public domain.
• Defendants’ false and defamatory statements were of and concerning Plaintiff, and contained the false statements that Plaintiff, Sean Webb, wrapped his hands around the daughter’s neck and was choking her while pushing her into the refrigerator.
• Defendants’ false and defamatory statements were made with the intent to harm Plaintiff’s good name and reputation by falsely accusing Plaintiff of criminal acts.
• Defendants’ made these statements with actual malice and knowledge that the statements were false, or with reckless disregard of whether they were false or not.
• In carrying out the aforementioned conduct, Defendants acted negligently, willfully, maliciously, and/or with reckless indifference to the consequences of their actions against Plaintiff.
• As a direct and proximate result of Defendants’ intentional and malicious statements of false and defamatory statements, Plaintiff has been and will continue to be damaged and injured in their respective character and reputation. 

SECOND CAUSE OF ACTION

(FALSE LIGHT)

• Plaintiff restates and reavers each and every allegation contained in the preceding paragraphs of this Complaint as if fully set forth herein.
• Defendants’ statements to the police and before court place the Plaintiff before the public in a false light.
• Defendants’ statements are “highly offensive to a reasonable person.”
• Defendants are at fault and knew or were in reckless as to the falsehood of their statements above.
• As a direct and proximate result of Defendants’ statements above, Plaintiff has been and will continue to be damaged and injured in their respective characters and reputations.

THIRD CAUSE OF ACTION

(MALICIOUS PROSECUTION)

• Plaintiff restates and reavers each and every allegation contained in the preceding paragraphs of this Complaint as if fully set forth herein.
• Defendants caused Plaintiff to be improperly subjected to judicial proceedings for which there was no probable cause. These judicial proceedings were instituted and continued maliciously, resulting in injury, and all such proceedings were terminated in Plaintiff’s favor in a manner indicative of innocence.
• The police report was undertaken with malice, willfulness, and reckless indifference to the rights of others.
• As a result of this misconduct, Plaintiff sustained, and continues to sustain, injuries including pain and suffering.

FOURTH CAUSE OF ACTION

(INTENTIONAL INFLICTION OF EMOTIONAL STRESS)

• Plaintiff restates and reavers each and every allegation contained in the preceding paragraphs of this Complaint as if fully set forth herein.
• Defendants, by and through the making of such false allegations behaved intentional and/or recklessly.
• Defendants, by and through the making of such false allegations intended to cause emotional distress upon Plaintiff.
• The making of such false allegations by Defendants, was so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.
• Plaintiff has suffered and continue to suffer severe emotional distress and emotional injury.
• Defendants’ aforementioned actions were the direct and proximate cause of such severe emotional distress and emotional injury to Plaintiff.
• Plaintiff suffered and continues to suffer mental anguish of a nature that no reasonable person could be expected to endure.

FIFTH CAUSE OF ACTION

(PUNITIVE DAMAGES)

• Plaintiff restates and reavers each and every allegation contained in the preceding paragraphs of this Complaint as if fully set forth herein.
• Defendants’ aforementioned conduct was conscious, deliberate, intentional, and/or reckless in nature.
• Defendants’ aforementioned conduct was undertaken in a state of mind, which evidences ill will.
• Defendants’ aforementioned conduct evidences a conscious disregard for the rights of other persons and has a great probability of causing substantial harm.
• As a result, Plaintiff is entitled to punitive damages.

WHEREFORE, Plaintiff demands judgment against Defendant for:

1. Compensatory damages in excess of $25,000.00;
2. For punitive damages;
3. For costs and interest;
4. For such other and further relief as this court deems just and proper.

Dated:  ____________________

Respectfully submitted,

By:__________________________

Sean Webb

[insert address]

[telephone]

[email]

Pro Se Litigant

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