DECLARATION TO SEEK A DETAILED REPORT

 Masika Brown Ray

312 Meadowlark Ln.

Longview, TX. 75603 (Rusk County)

(903) 736-1238

MasikaRay@gmail.com

 

 

IN THE DISTRICT COURT OF EASTERN DISTRICT OF TEXAS, MARSHAL DIVISION

 

 

CASE NO. 2:23-cv-00046

 
 

Masika Brown Ray      

Plaintiff (Pro Se),

Vs.

 

1.     Sheriff Cerliano

2.     Gregg County, TX.

3.     Chief Anthony Boone

4.     City of Longview, TX.

5.     Officer Leslie Sheridan

6.     Officer Kyle Tucker

7.     Sergeant Luke Altman

8.     Detective Jonathan Prior

9.     Julia Rhyner

10. Jennifer Stout

11. Mallory Waugh-Brown

12. Texas Department of Family and Protective Services

13. State of Texas

 

Defendants.

 

 Third amended COMPLAINT AGAINST THE DEFENDANTS TO:

·        SEEK DECLARATION OF THE VIOLATION OF PLAINTIFF’S RIGHTS;

·        SEEK REMEDIES AGAINST THE INFRINGEMENT OF PLAINTIFF’S RIGHT OF FAIR TRIAL, EQUAL PROTECTION OF LAW, RIGHT OF LIBERTY AND FREEDOM FROM UNDUE ARREST AND DETENTION;

·        COMPENSATION AMOUNTING TO $3 MILLION AGAINST ALL THE AGONIES, MENTAL AND PHYSICAL TORTURE;

·        DECLARATION TO SEEK A DETAILED REPORT ABOUT DEFENDANTS’ OFFICERS INVOLVED IN SUCH VIOLATIONS; AND

·        dETAILS OF DISCOVERIES PACKET;

·        Punitive DAMAGES AMOUNTING TO $10 MILLION; AND

·        OTHER EQUITABLE AND JUST REMEDIES.

 

 

Here Comes the Plaintiff, Masika Brown Ray (Pro Se) and submits her assertions before this honorable court to seek the appropriate remedies under the applicable laws and procedures:

 

  1. Parties, Jurisdiction and Venue
  2. Plaintiff is and was at all times relevant hereto resident of the State of Texas and all the events, actions, irregularities, illegalities, transgression of law and infirmities subject to this complaint have occurred in Gregg County, as Plaintiff resides in Rusk County.
  3. The Defendants are and were at all times relevant hereto residents of the State of Texas and all the events occurred in this County hence this honorable court is competent to adjudicate and decide the matter in hand.
  4. The Venue is proper in this proceeding.

 

  1. Standard to review the pleadings of pro se litigants:
  2. Plaintiff is a pro se litigant and has not hired an attorney. Thus, as far as the pleading standard of Pro Se litigants is concerned, they are always entitled to a less stringent view by the Honorable Superior Courts. Pro Se litigants are not supposed to be jurists hence their pleadings are entitled to a kind and lenient standard of review by the courts. This is held time and again in the judgments of the apex courts, some of them are quoted as under:

 

“[W]e hold pro se pleadings to a less stringent standard than formal pleadings   prepared by lawyers.”). Ashelman v. Pope, 793 F.2d1072, 1078  (9th  Cir.  1986).

 

The Supreme Court has instructed federal courts to liberally construe the ‘in artful pleading’ of pro se litigants. Eldridge v. Block, 832 F.2d 1132,1137 (9th Cir. 1987).

 

A pro se pleading is held to a less stringent standard than more formal pleadings drafted by lawyers. Estelle v. Gamble, 429 U.S. 97, 106, 97 S. Ct. 285, 50 L. Ed. 2d 251 (1976)”.

 

Therefore, in the light of the above-mentioned judgments, the plaintiff as a Pro Se litigant is entitled to a lenient review of her pleadings and seeks the kind favor of this honorable court.

 

III. ALLEGATIONS BASED ON FACTS ESCALLATING THE CONTROVERSY

  1. That the plaintiff is before this honorable court to submit her assertions against the violation of her right of freedom, privacy, seclusion, peaceful enjoyment of living, right to equal protection of law, freedom from arrest and detention, right of liberty and constitutional rights. I was subjected to personal injuries and had been wounded by the subordinates/officers of the defendants.

 

  1. The defendants have acted prejudicially against me by not allowing me to get as fair notice, by placing their hands on me with excess force, and prejudicially refused the plaintiff to live freely as a law-abiding citizen of the USA. They inflicted various injuries to me while arresting me and then taken me to jail without any criminal charges.

 

  1. That on April 29, 2022, the plaintiff was assaulted by the officers of defendants, and I suffered a great injustice by the conduct and inhuman treatment of their police officers. Please See https://ring.com/share/f9eb21e7-fbb9-4494-beee-cb1bda62f000.

 

  1. That the plaintiff has never been in trouble before this. I am a mother with two children, one with special needs. I am an African-American woman in origin, college educated, and I volunteer in my community. But despite this I was subjected to the harsh and un-equal treatment by the defendants and their subordinates/officers. Instead of taking me to a hospital in my time of need, they beat me and took me to jail, where I was forced to stay for 10 days, in spite of my brother and Realtor’s attempts to bail me out.

 

  1. The plaintiff already had a nervous breakdown after a banking legal issue that began with a preacher/contractor who stole from me and my family due this fraud, it made troubles for me obtaining a new loan. See Exhibits 8-10. It is Exhibit 10, where I had to explain over and over about the circumstances to ultimately obtain the loan, that resulted in my nervous breakdown. I had to explain how the house situation by the preacher/contractor had affected my child with special needs, leading to a financial setback. Exhibit 10, the explanation, was all that I could take, resulting in the nervous breakdown.

 

  1. But due to the defendants’ conduct a lot happened in the night of 4-29-22, and I suffered from immense mental and physical torture. I was beaten and taken to the jail by the defendants in a condition when I was supposed to be taken to the hospital.

 

  1. That after the arrest of the Plaintiff, defendants and their police officers/subordinates LIED on the Affidavit of Removal with CPS (Child Protection Service), and stated that I was completely naked when they came to my apartment, and I was abusing my kids. See Exhibit 11. Due to their lies and violation of my Constitutional rights, I was forced to pursue another litigation in Family court. I had to represent myself in court, after terminating my costly attorney, as Pro Se, and I WON to get my kids back. The court dismissed the complaint of CPS as it was all perpetrated with lies and grievous infirmities. For the kind perusal of this honorable court, I have attached the order (November 17, 2022) of dismissal of the CPS’s complaint, and I also WON the motion to return September of 2022. See Exhibits 12- 13.

 

  1. The officers of the defendants purposefully lied and reported to the CPS that I was not a good mother for my kids. But when I explained everything and provided proofs, the court understood that the police were lying against me. Thus, this honorable court can understand that I have suffered a lot due to lies of the defendants’ subordinates.

 

  1. That due to various illegal acts and violations of Plaintiff’s constitutional rights I have been subjected to various traumas and PTSD. To prove this fact, I have attached the medical observation of Dr. French’s assessment as an exhibit to this compliant. Dr. French stated that the police should have taken me to the hospital instead of jail. See Exhibit 14, Wade E. French, Ed.D. Forensic Risk Assessment, which states, “Unfortunately, Mrs. Ray was taken to jail rather than a mental hospital where her condition could have been better diagnosed, understood and treated. It is not unusual for an individual to experience this disorder and have no reoccurrence.” Additionally, see correspondence to my doctor after having a panic attack at the dentist, due to the defendants. If felt like the dentist and her assistant were trying to hurt me like the police. See Exhibits 14 – 15.

 

  1. That the defendants have plaintiff’s $1,000 + dollar cell phone as evidence, but they are not telling me about its use or return. As, I have paid more on my phone bill due to purchasing another phone, when still owing on the iPhone the police obtained. As of 2/7/23, the date of this original complaint submission, I currently have to call the Snoddy Bails Bond every Monday because the police have NOT dropped the charges against me. I won a Motion for Monitored Return in September of 2022, getting my daughter back. Since then, every month I have asked the District Attorney’s office in Longview, Texas, when were they going to drop the charges or do something, so I could get my phone back. My requests have fallen on deaf ears, like all else with the departments.

 

  1. At the time of the arrest, the defendants’ police officers used excessive force against the plaintiff including repeated beatings and inhuman handling which resulted a lot of injuries to me. The marks on plaintiff’s body are evidence of the pain and suffering I endured due to the defendants’ officers apparent wrath unraveled and manifested into physical force.

 

  1. The plaintiff strongly asserts that all the actions during my arrest were in direct contravention of the precepts of the fourth amendment to the United States constitution. Thus, I am before this honorable court to seek applicable remedies.

 

  1. After the arrest, defendants continued their illegal and unjust acts to torture and hurt the plaintiff. I was held for ten days in Gregg County jail and several requests for my bail from my brother and realtor were unjustly denied. The plaintiff was denied the right to sufficient medical attention, as the plaintiff’s brother told the jail of her taking blood pressure medicine and other. Additionally, the defendants’ officers offered no significant help to help treat my wounds.

 

  1. I made several requests and reports regarding this cruel behavior of defendants, including a personal request by CPS’s appointed psychologist. But defendants have failed to take any appropriate steps to resolve my issues and my agonies continued while in detention. The defendants lied to the psychologist when she asked about my wounds. See Exhibit 16, page 5.

 

  1. That the officers responsible for this injustice answered questions/inquires with blatant lies, arguing that the plaintiff never asked for help. It is a white lie, and I have several proofs to support my stance.  I have submitted a lot of requests for medical assistance and the treatment of my wounds, but they fell on deaf ears. See Exhibits 17 – 18. On Exhibit 17, I was asking for help for my wounds and I had a headache, as a result of the beatings and because I did not have my blood pressure medicine that my brother told them that I needed. Exhibit 18, illustrates that my lips were extremely dry, as I had stopped eating and drinking because I knew they had tried to poison me. I asked a kind jailer for food from elsewhere, and she brought me a sandwich, as I was afraid to eat jail food.

 

  1. That the defendants intended to end my life while in the holding me in cell/illegal detention. Additionally, they failed to make any efforts to treat me as per laws. If the plaintiff was a white woman, I would not have been treated in such a cruel manner.

 

  1. That the plaintiff has sufficient reason to believe that the death of one of the women in the neighboring cell was associated with an attempt by the officers at Gregg County police officers to end my life, possibly due to their knowledge of excessive force and beatings of me at the time of the arrest, as ONLY PART of their mistreatment was caught on my Ring camera.

 

  1. That the plaintiff can recognize the jailer who attempted to end my life. She is a short dark-skinned African American woman. She pointed at me and then an inmate told her OKAY with a nod. Thereafter, that inmate got with a group of women and they mixed some drink. I watched and listened, as I prayed to God to confuse the enemy and spare my life. God saved me on numerous occasions. I can testify about what happened to me and how they subjected me to inhuman treatment.

 

  1. That the plaintiff requested the defendants to open my case records on two different occasions. But I received nothing from defendants and all of my request were ignored or not fulfilled. Thus, the defendants have not with clean hands, they were continuously making their plans to injure me in person and mentally. Their conduct is clear evidence of the fact that they were cooking something against me with their ulterior motives. Thus, I am before this honorable court to seek appropriate remedies and damages to compensate me against my agonies.

 

  1. That all of the aforementioned injustices and illegal acts committed on the behest of defendants contravened Plaintiff’s inalienable rights. I have consulted with a Civil Rights attorney, and the Texas Rangers and FEDs have initiated investigations on my request against the defendants. Furthermore, the federal civil rights organization has assured me that an investigation is currently ongoing in my case. But I am seeing no progress in this regard hence I am before this honorable court. Additionally, the DOJ suggested obtaining an attorney regarding the civil matter, as I am here, as Pro Se.

 

  1. I have sent a legal demand letter to defendants in an attempt to resolve this matter amicably, and they have acknowledged its receipt. But I have seen no progress and intent from defendants. Thus, I am present before this honorable court.

 

  1. That the plaintiff is entitled to damages and compensations amounting to $13M against all my troubles, agonies, illegal detention and injustices.

 

  1. That the defendants have blatantly violated my rights under the freedom of information act (5 USC S. 552), 4th amendment of the US Constitution, under 42 U.S.C. Section 1983, 25CFR S. 11.411, the privacy act of 1974 and other applicable laws and regulations. Thus, this honorable court should probe into this matter and grant me appropriate remedies.

 

  1. The plaintiff is entitled to seek remedies provided to me under the above-mentioned provisions or as considered just and proper by this court and to proceed with a jury trial.

 

  1. The defendants have conducted in such a way that they violated plaintiff’s rights granted to me under 42 USC 1983 and acted in a biased and prejudiced manner against plaintiff.

 

  1. The defendants tried to suppress my voice and tried to block my fundamentally accepted rights of liberty, privacy and freedom to live that’s why I have been subject to an unfair and unlawful conduct collectively from all of the defendants.

 

  1. That the plaintiff is a God-fearing woman. I am not afraid. I have tangible evidence to support the truth against every lie told about me and to shun unjust incrimination. I did not push anyone in jail, but I brought three women to Christ, while I was detained in jail. That was priceless! After finally getting out of jail, I added money to 6 homeless women: Lizzie Brooks, Sherry Choice, Shonda Phillips, Carla Harnage, Jamie Marshall and Megan Turner. Please note, it was Jamie Marshall who assisted in the attempt on my life. Jamie also begged for socks, cokes, and other basics. Regardless of her crimes, I showed her love. See Exhibits 19 – 20. I will also call upon these women as witnesses at trial. Nevertheless, I am committed to help those who are victims of the police and CPS. I now have a consulting business name called My Children are NOT your Toys. Thus, the plaintiff is before this honorable court to seek damages, declaration and appropriate remedies. Ironically, while I was helping the homeless, you can see on Exhibit 20, that I was homeless at the time too, due to the defendants. I had lost my apartment and had to stay at the Courtyard by Marriott, owned by Mr. Paresh Patel and J. Longview Hospitality, located at 1125 E. Hawkins Parkway, Longview, TX. 75605.

 

DETAIL OF EXHIBITS AND SUPPORTING VIDEOS:

  1. The Demand letter.
  2. The return receipt from the demand letter,
  3. Medical evidence of my wounds.
  4. 4. Video of the police approaching me at 12:02 a.m. and slamming me against the wall: https://ring.com/share/f9eb21e7-fbb9-4494-beee-cb1bda62f000
    Video at 12:03.41 a.m. of me saying, “Happy Easter,” and more. https://ring.com/share/e22a79ef-aef0-4dbd-86df-af2d1416beee6. Video of police showing compassion to my white neighbor: https://ring.com/share/db542a7a-8971-44a5-8d58-ac3bf7627e84?fbclid=IwAR229UP5JY3LRIUJuQE7PydIjHuLwdvahBOYRMULbrw1hUGyCWHf5HVy_m8
    7. Video of police talking about my Ring cameras like he had something to hide from inside too: https://ring.com/share/8e8c5368-7bf2-46b7-8635-692a9c47d469
  5. Mediated Settlement Report, regarding the house that was not completed by the preacher/contractor.
  6. Motion to Compel, still trying to collect from the preacher/contractor, James Dancy of Longview, TX.
  7. The gut-wrenching letter to Regions Bank’s underwriting department where I had to describe the results of the harm by the preacher/contractor, suffered by us and most importantly my autistic daughter, resulting in her going to a dangerous mental health hospital due to our lack of stability at that time. She was used to having her own room and she had to share, as we had to live with my mother due to James Dancy, the preacher/contractor, as I had to spend my life’s savings on completing the house to sell.
  8. A page from the Affidavit of Removal, as the police stated that I was “completely naked”, when they arrived. Yet, my Ring video shows that I had on a towel, my back was wet, and I was trying to bring in my valet trash can.
  9. A copy of the Order to Dismiss, signed by the judge on November of 2022, as I won as Pro Se. I had my daughter back since September of 2022, as I had also won on a Monitored Return, as Pro Se.
  10. The Motion to Dismiss, filed by me, the defendant, in that case, as I won as Pro Se. Many of the details are as described in this petition, as I continue to state the abuse by the police.
  11. Dr. Wade E. French, Ed.D. Forensic Risk Assessment, which states, “Unfortunately, Mrs. Ray was taken to jail rather than a mental hospital where her condition could have been better diagnosed, understood and treated. It is not unusual for an individual to experience this disorder and have no reoccurrence.”
  12. MyChart message to my doctor, Dr. Reddy about panic attacks, due to PTSD as a courtesy of the police.
  13. Kranz Psychological Services, PLLC Evaluation results. On page 5, states what I have been stating over and over about the police beating me, attempts on my life and under Information from Outside Sources, the police related to Kranz, “…there were no requests for medical attention consistent with Ms. Ray’s injuries.”
  14. Gregg County Jail – Request/Grievance, where I asked for help to treat my wounds, my injuries on the jail’s forms.
  15. Gregg County Jail – Request/Grievance, where I asked for help for Vaseline for my lips, as they were dry due to my not eating and drinking, fearful of being poisoned.
  16. My notes on a Regions Bank envelope to send Lizzie Brooks $20.00, Sherry Choice $25.00, Shonda Phillips $25.00, Carla Harnage $50.00, Jamie Marshall $25.00, and Megan Turner $50.00 to homeless women in Gregg County jail.
  17. My bank statement from Regions Bank, illustrating that on 5/16/22, I, Masika Akilah Brown Ray, the Plaintiff, victim of the police and sheriff’s department, sent money and was charged a service charge to the homeless women in Gregg County jail. That is who I am, I love and I act in love, keeping my word, as a servant of God. Laus Deo.

 

 

COUNT 1:

Prejudice

  1. Plaintiff incorporates as if fully restated all of the allegations previously written, mentioned, pointed out by the Plaintiff.
  2. Plaintiff has been living peacefully and have not received any police report or complaint from the police department prior to this. I am further ready to assist this honorable judicial forum to provide proofs of my peaceful residence and enjoyment of my rights.
  3. But the Defendants hampered Plaintiffs’ rights of peaceful enjoyment, liberty, equal protection of law, fair trial and unlawfully trespassed my private property to cause humiliation and mental torture by arresting me for no cause.
  4. Defendants engaged in professional malpractice and coercive tactics against the Plaintiffs through the biased, discriminatory, derogatory and prejudicial conduct.
  5. Thus, the plaintiff is present before this honorable court and seeks appropriate remedies available to them under the law.

 

COUNT 2:

Violation of rights granted to the plaintiff under Title 18 Sections of US Code

  1. Plaintiff incorporates as if fully restated all of the allegations previously written, mentioned, pointed out by the Plaintiff.
  2. Defendants’ conduct was not right throughout their presence and interrogation. Plaintiff was subject to inhuman and unfavorable treatment without any justification.
  3. Thus, the plaintiff is before this honorable court to seek his remedies.

 

COUNT 3:

Personal Injury, Violation of my Constitutional rights, Trespass and Malicious Prosecution (Title 42 of US Code)

  1. Plaintiff incorporates as if fully restated all of the allegations previously written, mentioned, pointed out by the Plaintiff.
  2. The defendants collectively and jointly have caused me various injuries/wounds and subjected me to detention without any solid evidence.
  3. During their stay and arrest of the plaintiff I was subject of multiple biases which plaintiffs tried to ignore at first. But when defendants did not take plaintiffs’ peaceful attempts to seek explanation of her unlawful arrest seriously thus there was no choice left with plaintiff but to file this complaint.
  4. Defendants have acknowledged my legal demand letter but could not offer any solutions. They have failed miserably to explain the purpose of transgressing plaintiffs’ constitutional rights.
  5. The conduct of the defendants damaged and snatched the fundamental rights of the plaintiff and prejudiced against her celebrated civil rights and remedies.
  6. Plaintiff is confident, sure and affirm, that based on these allegations, in addition to the malpractices of the defendants as enumerated above, Defendants may have engaged in these discriminatory practices against the plaintiff to which I was not yet fully aware. At such time as such discriminatory, retaliatory, practices become known, Plaintiff will seek to amend this Complaint in that regard.
  7. As a direct and proximate result of the Defendants’ willful, knowing, and intentional discrimination and retaliation against Plaintiff, Plaintiff have suffered and will continue to suffer pain, humiliation, emotional distress, loss of earnings, and other liberties and opportunities.
  8. Hence, Plaintiff is hereby entitled to general and compensatory damages amounts demanded or to be proven at trial or through evaluation of this Honorable Court.

 

COUNT 4:

Targeting, Violence, Disregard of my Civil Rights under Title VII of US Code and Misuse of Authority

  1. Plaintiff intended that all of the acts and allegations mentioned hereinbefore and after this count to be considered as reinstated in this count as well.
  2. The main reason of such mysteries and unexplained volition of my rights, excessive force, beatings, trespassing on plaintiff’s property, searching and finding my cameras, asking my then 10-year-old daughter for my iPhone passcode, continued searching through my iPhone, attempts on my life in jail, and more might be that I am black woman with evidence of the police’s wrongdoings on my Ring videos, and that I am from African origin. But despite of several written and verbal requests the defendants are adamant to provide a solid justification of violating my rights. Thus, plaintiff is fearful of state-owned departments that they might cause irreparable loss to plaintiff without any warrant and justification in future.
  3. Thus, plaintiff is before this honorable court to seek appropriate remedies.

 

COUNT 5:

BIAS and Violation of Constitutional (4th and 5th amendments) Rights and Discrimination

  1. Plaintiff incorporates as if fully restated all of the allegations previously written, mentioned, pointed out by her.
  2. Plaintiff has been subject to biasness and discrimination and partial treatment by defendants. They trespassed plaintiff’s private property without any warrant and now they are avoiding to answer plaintiffs’ requests to provide explanation of entry and arrest of the plaintiff. Defendants have discriminated against me on the bidding of unforeseeable forces.
  3. Due to this unexplained violation of my rights by the defendants, my fundamental and constitutional rights were violated up to a considerable extent. And I am unable to gain my reputation and my criminal records are now proclaiming me as a dangerous person. But I am not like that. I have not faced any of such problems before. I am a law-abiding citizen.
  4. Thus, the plaintiff is before this honorable court to seek my damages, compensation and declaration.

 

COUNT 6:

Suppression Of Rights, Loss of Reputation and Loss of Employment Opportunities

  1. Plaintiff incorporates as if fully restated all of the allegations previously written, mentioned, pointed out by the Plaintiff.
  2. During defendants’ attempts to get me arrested and as a result of the malicious prosecution I have suffered irreparable loss and injury to my person, reputation and property.
  3. Defendants have failed to prove their allegations and could not succeed in their illegal motives.
  4. Plaintiff was not given solid justification and explanation thus instant complaint is filed against defendants to seek appropriate damages and remedies against defendants.
  5. The conduct of the defendants damaged and snatched the fundamental rights of the plaintiff and prejudiced against my celebrated civil rights and remedies.
  6. Plaintiff is confident, sure and affirm, that based on these allegations, in addition to the malpractices of the defendants as enumerated above, Defendants may have engaged in these discriminatory practices against the plaintiff to which I am not yet fully aware. At such time as such discriminatory, retaliatory, practices become known, Plaintiff will seek leave of Court to amend this Complaint in that regard.
  7. As a direct and proximate result of the Defendants’ willful, knowing, and intentional malicious prosecution, tortuous interference and retaliation against Plaintiff, Plaintiff has suffered and will continue to suffer pain, humiliation, emotional distress, loss of earnings, and other liberties and opportunities.
  8. Hence, Plaintiff is hereby entitled to general and compensatory damages amounts demanded or to be proven at trial or through evaluation of this Honorable Court.

 

 

COUNT 7:

Violation of Rights to Freedom, Privacy, Seclusion, Peaceful Enjoyment of Living, and Equal Protection of the Law

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. The plaintiff asserts a cause of action against the defendants for the violation of her rights to freedom, privacy, seclusion, peaceful enjoyment of living, and equal protection of law, as guaranteed by the United States Constitution, the [state constitution], and other applicable laws.
  3. The plaintiff, a law-abiding citizen and resident of [city/state], enjoyed the rights to freedom, privacy, seclusion, and the peaceful enjoyment of living in her home, as protected by the Constitution. These rights are fundamental to a democratic society and are integral to the preservation of personal dignity, autonomy, and individual liberties.
  4. The defendants, as responsible authorities, including but not limited to law enforcement agencies, government officials, and their agents, have a duty to respect and uphold the plaintiff’s constitutional rights. However, the defendants, individually and collectively, have infringed upon these rights through their actions and omissions, causing significant harm, distress, and violations of the plaintiff’s civil liberties.
  5. The defendants, without lawful justification, violated the plaintiff’s rights to freedom, privacy, and seclusion by engaging in the following actions:
  6. Unlawful Surveillance: The defendants, without a valid search warrant or probable cause, conducted unwarranted surveillance and monitoring of the plaintiff’s activities, both inside and outside her residence. Such surveillance infringed upon the plaintiff’s reasonable expectation of privacy, subjected her to constant scrutiny, and deprived her of her freedom to live without unwarranted interference.
  7. Unlawful Search and Seizure: The defendants, without lawful authority or valid search warrants, conducted intrusive searches and seizures of the plaintiff’s personal belongings, including her electronic devices, personal documents, and private correspondence. These actions violated the plaintiff’s right to be free from unreasonable searches and seizures, impinged upon her privacy rights, and disrupted her peaceful enjoyment of living.
  8. Excessive Use of Force: On [date], the defendants employed excessive force against the plaintiff during an encounter, resulting in physical injuries, pain, and emotional distress. The defendants’ use of force was disproportionate to any alleged threat posed by the plaintiff and violated her rights to bodily integrity, freedom from cruel and unusual punishment, and peaceful enjoyment of living.
  9. Targeted Harassment and Intimidation: The defendants engaged in targeted harassment and intimidation tactics against the plaintiff, including making unfounded threats, spreading false information about her, and engaging in discriminatory practices. These actions created an atmosphere of fear, anxiety, and distress, thereby infringing upon the plaintiff’s rights to peaceable enjoyment of living and equal protection of law.
  10. The defendants’ actions and omissions were willful, intentional, and/or negligent, demonstrating a reckless disregard for the plaintiff’s rights and a failure to uphold their duty to protect and respect her constitutional freedoms.
  11. Their conduct has caused the plaintiff significant harm, including physical injuries, emotional distress, reputational damage, and a violation of her sense of security and well-being.
  12. As a direct and proximate result of the defendants’ violations of her rights to freedom, privacy, seclusion, peaceful enjoyment of living, and equal protection of law, the plaintiff has suffered and continues to suffer substantial damages, including but not limited to:
  13. Physical injuries, requiring medical treatment, and resulting in pain, suffering, and disability.
  14. Emotional distress, including anxiety, fear, humiliation, and loss of enjoyment of life.
  15. Reputational damage, tarnishing the plaintiff’s personal and professional reputation, causing harm to her standing within the community, and leading to potential economic losses.
  16. Invasion of privacy, compromising the plaintiff’s personal information, private communications, and confidential matters, resulting in a loss of trust and a violation of her right to control the dissemination of her personal information.
  17. Interference with familial relationships, as the plaintiff’s familial bonds were disrupted due to her unjust incarceration and the denial of her requests for bail, causing emotional strain, family distress, and potential long-term damage to her relationships.
  18. Economic losses, including legal fees, medical expenses, loss of income, and other financial burdens directly stemming from the defendants’ wrongful actions.
  19. The defendants’ violations of the plaintiff’s constitutional rights have also caused intangible harm, including a loss of faith in the justice system, erosion of trust in public officials, and a sense of injustice within the plaintiff and the broader community.
  20. The plaintiff seeks redress for the defendants’ violations of her rights, including compensatory and punitive damages, injunctive relief, declaratory relief, and any other appropriate remedies as determined by this honorable court.
  21. The plaintiff also requests an order from this honorable court, mandating the defendants to cease all further violations of her rights, to destroy any unlawfully obtained information pertaining to her, and to implement comprehensive policies and training to ensure the protection of individuals’ constitutional rights in the future.
  22. The plaintiff further seeks an award of reasonable attorney’s fees and costs incurred in bringing this action, as provided for under applicable statutes and laws.
  23. WHEREFORE, the plaintiff respectfully requests that this honorable court grant the relief sought, and provide such other and further relief as it deems just and proper under the circumstances.

 

COUNT 8:

Excessive Force

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. The defendants, through their subordinates/officers, subjected the plaintiff to excessive force during her arrest on April 29, 2022, which resulted in significant physical injuries and emotional distress.
  3. The plaintiff asserts that the defendants’ use of excessive force was a direct violation of her rights under the Fourth Amendment to the United States Constitution, which protects individuals from unreasonable searches and seizures.
  4. The defendants’ officers, without just cause or provocation, employed excessive force by physically assaulting and beating the plaintiff, causing severe bodily harm and unnecessary pain.
  5. The plaintiff submits video evidence (Exhibit 7) capturing a portion of the incident, which clearly demonstrates the defendants’ officers using excessive force by forcefully restraining her and subjecting her to repeated blows and physical aggression.
  6. Despite the plaintiff’s compliance and lack of any immediate threat to the safety of the officers or others, the defendants’ officers continued to use excessive force beyond what was reasonably necessary for the situation.
  7. The excessive force employed by the defendants’ officers was not proportionate to the circumstances and exceeded the level of force permitted by law, thereby infringing upon the plaintiff’s constitutional rights.
  8. As a result of the defendants’ excessive force, the plaintiff suffered numerous physical injuries, including but not limited to bruises, lacerations, and contusions, requiring medical attention and ongoing treatment.
  9. The plaintiff also endured significant emotional trauma and distress as a direct consequence of the defendants’ officers’ unwarranted and excessive use of force.
  10. The defendants’ officers’ conduct not only caused physical harm but also violated the plaintiff’s rights to be free from cruel and unusual punishment, as protected by the Eighth Amendment of the United States Constitution.
  11. The plaintiff seeks redress for the defendants’ violation of her constitutional rights through this cause of action for excessive force, and requests compensatory damages for the physical injuries, emotional distress, and pain and suffering she endured as a result of the defendants’ actions.
  12. The plaintiff further seeks punitive damages to deter similar misconduct in the future and to hold the defendants accountable for their deliberate and reckless disregard of her constitutional rights.
  13. Additionally, the plaintiff requests injunctive relief to prevent the defendants and their officers from engaging in further acts of excessive force, and an order mandating comprehensive training programs to ensure proper use of force in accordance with the law.
  14. WHEREFORE, the plaintiff respectfully requests that this honorable court grant the relief sought, including compensatory and punitive damages, injunctive relief, and any other appropriate remedies as determined by this court

 

COUNT 9:

Discrimination and Harsh Treatment

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. The defendants, through their agents and employees, engaged in discriminatory conduct and subjected the plaintiff to harsh treatment based on her race, color, and gender, in violation of federal and state anti-discrimination laws.
  3. The plaintiff asserts that the defendants’ discriminatory and harsh treatment violated her rights to equal protection under the Fourteenth Amendment of the United States Constitution and applicable state laws.
  4. The defendants’ agents and employees, while interacting with the plaintiff during her arrest and subsequent detention, made derogatory and racially offensive comments, displaying a clear animus and bias towards individuals of the plaintiff’s race.
  5. The defendants, through their agents and employees, treated the plaintiff in a harsh and abusive manner that was disproportionate to the alleged offenses and exceeded the treatment typically afforded to individuals in similar circumstances.
  6. The plaintiff’s race, color, and gender were substantial motivating factors in the defendants’ discriminatory and harsh treatment, as evidenced by statements made by the defendants’ agents and employees during the arrest and detention process.
  7. The plaintiff was singled out for differential treatment based on her race, as she was subjected to more severe and punitive measures than other similarly situated individuals who were not members of the same racial group.
  8. The defendants’ discriminatory conduct and harsh treatment not only violated the plaintiff’s constitutional rights but also contravened federal and state laws prohibiting discrimination, including but not limited to Title VI of the Civil Rights Act of 1964 and state anti-discrimination statutes.
  9. As a direct result of the defendants’ discriminatory and harsh treatment, the plaintiff suffered significant emotional distress, humiliation, and mental anguish, causing her to experience ongoing psychological trauma.
  10. The plaintiff seeks redress for the defendants’ violation of her rights through this cause of action for discrimination and harsh treatment and requests compensatory damages for the emotional distress, humiliation, and mental anguish she endured as a result of the defendants’ actions.
  11. The plaintiff also seeks punitive damages to deter future instances of discrimination and harsh treatment by the defendants and to hold them accountable for their discriminatory conduct.
  12. Additionally, the plaintiff requests injunctive relief, requiring the defendants to implement comprehensive training programs and policies aimed at preventing discrimination and ensuring equal treatment of all individuals, regardless of race, color, or gender.
  13. WHEREFORE, the plaintiff respectfully requests that this honorable court grant the relief sought, including compensatory and punitive damages, injunctive relief, and any other appropriate remedies as determined by this court.

 

COUNT 10:

Nervous Breakdown and Intentional Infliction of Emotional Distress

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. The defendants’ actions, as described in the factual allegations, caused the plaintiff to suffer severe emotional distress, resulting in a nervous breakdown and significant psychological harm.
  3. The defendants, through their agents and employees, engaged in conduct that was negligent, intentional, and/or reckless, thereby causing the plaintiff to endure extreme and prolonged mental anguish, anxiety, and emotional turmoil.
  4. The defendants’ negligent, intentional, and/or reckless actions included, but are not limited to, subjecting the plaintiff to false arrest, imprisonment, humiliation, discriminatory treatment, excessive force, and harsh conditions during her detention.
  5. As a direct and proximate result of the defendants’ actions, the plaintiff experienced a nervous breakdown, which manifested in severe emotional distress and psychological trauma.
  6. The plaintiff’s nervous breakdown and emotional distress have resulted in a range of debilitating symptoms, including but not limited to severe depression, panic attacks, insomnia, loss of appetite, constant feelings of fear and vulnerability, difficulty concentrating, and impaired daily functioning.
  7. The defendants, through their negligent, intentional, and/or reckless conduct, breached their duty of care owed to the plaintiff, causing her to suffer severe emotional harm and exacerbating her existing mental health conditions.
  8. The defendants’ conduct was extreme and outrageous, exceeding all bounds of decency and causing the plaintiff to suffer emotional distress that went beyond what a reasonable person could be expected to endure.
  9. The defendants’ actions were not only a direct cause of the plaintiff’s nervous breakdown and emotional distress but also constituted a violation of her constitutional rights, including the right to be free from cruel and unusual punishment and the right to equal protection under the law.
  10. The plaintiff seeks redress for her nervous breakdown and emotional distress through this cause of action, and she requests compensatory damages to compensate her for the pain, suffering, mental anguish, and emotional harm she has endured and continues to endure as a result of the defendants’ actions.
  11. Additionally, the plaintiff requests reimbursement for any medical expenses incurred for necessary mental health treatment and therapy resulting from her nervous breakdown and emotional distress.
  12. The plaintiff also seeks injunctive relief, requiring the defendants to implement policies and procedures aimed at preventing similar instances of misconduct and ensuring the protection of individuals’ mental well-being during interactions with law enforcement.
  13. WHEREFORE, the plaintiff respectfully requests that this honorable court grant the relief sought, including compensatory damages, reimbursement of medical expenses, injunctive relief, and any other appropriate remedies as determined by this court

 

COUNT 11

False Affidavit and Family Court Litigation

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. The defendant, [Name of Defendant], submitted a false affidavit to the family court, containing material misrepresentations and deliberate falsehoods, with the intent to deceive the court and influence the outcome of the family court proceedings.
  3. The false affidavit submitted by the defendant contained statements that were knowingly untrue and misleading, including false allegations of domestic violence, neglect, and unfitness as a parent, all of which had a direct impact on the family court’s decision-making process.
  4. The defendant’s false affidavit and subsequent use of deceptive tactics during the family court litigation were calculated attempts to gain an unfair advantage and discredit the plaintiff’s character, parental abilities, and overall credibility.
  5. The defendant’s false affidavit and misleading statements not only undermined the integrity of the family court proceedings but also caused significant harm to the plaintiff, both emotionally and financially.
  6. As a result of the defendant’s false affidavit and deceptive actions during the family court litigation, the plaintiff has suffered reputational damage, loss of custody rights, emotional distress, and financial burden arising from legal fees and related expenses.
  7. The defendant’s conduct constitutes perjury, as the false affidavit submitted under oath intentionally misrepresented material facts and misled the court, leading to an unjust outcome in the family court proceedings.
  8. By submitting a false affidavit and engaging in deceptive conduct during the family court litigation, the defendant violated the plaintiff’s rights to due process, a fair trial, and equal protection under the law, as guaranteed by the United States Constitution.
  9. The defendant’s false affidavit and deceptive actions have caused the plaintiff significant harm and have hindered her ability to maintain a healthy and nurturing relationship with her child, leading to emotional distress and a loss of the fundamental right to familial integrity.
  10. The plaintiff seeks redress for the defendant’s false affidavit and family court litigation through this cause of action, and she requests compensatory damages for the harm suffered, including reputational damage, emotional distress, legal expenses, and any other damages deemed appropriate by this honorable court.
  11. Furthermore, the plaintiff requests that this court take appropriate disciplinary action against the defendant for perjury, false statements, and the abuse of the judicial process, in order to uphold the integrity of the legal system and deter similar misconduct in the future.
  12. WHEREFORE, the plaintiff respectfully requests that this honorable court grant the relief sought, including compensatory damages, appropriate disciplinary action against the defendant, and any other relief as determined just and proper by this court.

 

COUNT 12:

Unlawful Retention of Property and Unresolved Charges

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. The defendant, [Name of Defendant], unlawfully retained the plaintiff’s property, including her vehicle, personal belongings, and identification documents, without any legal justification or authorization.
  3. Despite the plaintiff’s repeated requests for the return of her property, the defendant refused to release it, depriving the plaintiff of her rightful possessions and causing significant inconvenience, hardship, and financial loss.
  4. The defendant’s unlawful retention of the plaintiff’s property has hindered her ability to carry out daily activities, impeded her efforts to secure employment and housing, and disrupted her overall quality of life.
  5. The defendant, as a law enforcement officer, has a duty to uphold the law and act in accordance with the principles of fairness, justice, and respect for individual rights. However, the defendant’s actions in unlawfully retaining the plaintiff’s property demonstrate a clear violation of these principles.
  6. Furthermore, the defendant’s failure to resolve the charges against the plaintiff, despite the absence of any evidence or legal basis, has subjected the plaintiff to continued emotional distress, reputational harm, and ongoing uncertainty regarding her legal status.
  7. The defendant’s actions constitute a violation of the plaintiff’s constitutional rights, including her rights to due process, property, and equal protection under the law, as guaranteed by the United States Constitution.
  8. The defendant’s unlawful retention of the plaintiff’s property and failure to resolve the charges against her have caused significant harm to the plaintiff, including financial loss, emotional distress, reputational damage, and limitations on her personal and professional opportunities.
  9. The plaintiff seeks redress for the defendant’s unlawful retention of her property and the unresolved charges through this cause of action, and she requests compensatory damages for the harm suffered, including the value of the unlawfully retained property, financial losses incurred, emotional distress, reputational damage, and any other damages deemed appropriate by this honorable court.
  10. Additionally, the plaintiff requests an order from this court to compel the immediate return of her property and the resolution of the unfounded charges, ensuring that the defendant fulfills his duty to uphold the law and respect the plaintiff’s rights.
  11. WHEREFORE, the plaintiff respectfully requests that this honorable court grant the relief sought, including compensatory damages, the return of unlawfully retained property, resolution of unfounded charges, and any other relief as determined just and proper by this court.

 

COUNT 13:

Unjust Detention and Denied Medical Attention

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. The defendant officers unjustly detained the plaintiff for an extended period of ten days without reasonable cause, legal justification, or adherence to proper procedures.
  3. Throughout the plaintiff’s detention, she repeatedly requested medical attention due to her deteriorating physical and mental condition resulting from the defendant’s harsh treatment and inadequate living conditions in Gregg County jail.
  4. Despite the plaintiff’s pleas for medical assistance, the defendant callously disregarded her pleas, denying her access to necessary medical care and treatment.
  5. The defendant’s actions in unjustly detaining the plaintiff and denying her medical attention violated her constitutional rights, including her rights to liberty, due process, and access to medical care, as guaranteed by the United States Constitution.
  6. The plaintiff’s prolonged detention, combined with the denial of necessary medical attention, caused her significant physical and emotional harm, resulting in severe distress, exacerbation of existing medical conditions, and deterioration of her overall well-being.
  7. The defendants, as law enforcement officers and custodians of the plaintiff’s well-being during her detention, had a duty to ensure the plaintiff’s safety, welfare, and access to necessary medical care. However, the defendants breached this duty by unjustly detaining the plaintiff and intentionally denying her medical attention.
  8. The defendant’s actions demonstrate a deliberate indifference to the plaintiff’s health and well-being, as well as a reckless disregard for her constitutional rights.
  9. The plaintiff seeks redress for the defendant’s unjust detention and denial of medical attention through this cause of action, and she requests compensatory damages for the physical and emotional harm suffered, medical expenses incurred, and any other damages deemed appropriate by this honorable court.
  10. Additionally, the plaintiff requests an order from this court to hold the defendant accountable for the violation of her rights, implement measures to prevent similar incidents in the future, and ensure that individuals in custody receive proper medical attention and care as required by law.
  11. WHEREFORE, the plaintiff respectfully requests that this honorable court grant the relief sought, including compensatory damages, an order to hold the defendant accountable, and any other relief as determined just and proper by this court.

 

COUNT 14:

Failure to Train, Supervise and Discipline Officers

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. The defendant, State of Texas, as the responsible entity overseeing the operations of Gregg County jail, had a duty to properly train, supervise, and discipline its officers to ensure the protection of the constitutional rights and well-being of individuals in their custody.
  3. Despite this duty, the defendant failed to provide adequate training to its officers regarding proper arrest procedures, treatment of detainees, respect for constitutional rights, and appropriate responses to medical emergencies.
  4. The defendant also failed to establish and enforce clear policies and protocols for the detention facility, including procedures for addressing medical emergencies, providing necessary medical care, and responding to detainee complaints or requests for assistance.
  5. The defendant’s failure to train its officers and establish appropriate policies resulted in the officers’ lack of knowledge, competence, and understanding of their obligations and the rights of individuals in custody.
  6. As a direct and proximate result of the defendant’s failure to train, supervise, and discipline its officers, the plaintiff was subjected to unjust detention, denied medical attention, and endured physical and emotional harm.
  7. The defendant’s actions, or lack thereof, constitute a violation of the plaintiff’s constitutional rights, including her rights to due process, equal protection, and access to medical care, as guaranteed by the United States Constitution.
  8. The defendant’s failure to properly train, supervise, and discipline its officers demonstrates a deliberate indifference to the constitutional rights of individuals in custody and a reckless disregard for their well-being.
  9. The plaintiff seeks redress for the defendant’s failure to train, supervise, and discipline its officers through this cause of action, and she requests compensatory damages for the physical and emotional harm suffered, medical expenses incurred, and any other damages deemed appropriate by this honorable court.
  10. Additionally, the plaintiff requests an order from this court to compel the defendant to implement proper training programs, establish effective policies and procedures, and enhance supervision and discipline within Gregg County jail to prevent future violations of constitutional rights and ensure the well-being of individuals in custody.
  11. WHEREFORE, the plaintiff respectfully requests that this honorable court grant the relief sought, including compensatory damages, an order to compel proper training and supervision, and any other relief as determined just and proper by this court.

 

COUNT 15:

Claim For Declaratory Judgement

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. The plaintiff has suffered an irreparable loss both in person and reputation. I have been taken as a respectable person, but due to the dirty allegations of the subordinates of defendants I have been facing various traumas and different treatment from the society.
  3. Thus, the plaintiff is entitled to kind favor of this honorable court.

 

COUNT 16:

General Damages

  1. Plaintiff incorporates by reference and re-avers each and every paragraph above.
  2. As a direct and proximate result of the Defendants’ intentional fraudulent practice, Plaintiff suffered damages allowed by law in an amount in excess of $13 Million.
  3. Thus, the plaintiff is before this honorable court to seek the help of this prestigious forum.

COUNT 17:

Punitive Damages

  1. Plaintiff re-alleges the allegations set forth in this complaint and incorporates same herein by reference.
  2. Defendant’s outrageous conduct towards the Plaintiff was done with malice or bad motives or reckless indifference to plaintiff’s interests.
  3. Accordingly, Defendants are liable in damages to Plaintiff in excess of $13 Million or to be proven in trial, the exact amount to be proven at trial.

 

 

COUNT 18:

Tortuous, Vicarious or Imputable Liability

  1. Plaintiff incorporates as if fully restated all of the allegations previously written, mentioned, and pointed out by her.
  2. Plaintiff has been subject to various infringements of my civil and constitutional rights by all the defendants (including new). Thus I had no other way but to file this lawsuit.
  3. That all the defendants might have connived or let all the acts of illegal detention happen against the plaintiff. Thus they must be personally/vicariously/imputably liable to compensate the plaintiff for causing such immense tortuous stress. Due to this unexplained/unjust exercise of powers, the plaintiff has been subject to violation of various fundamental and constitutional rights.
  4. Thus the plaintiff is before this honorable court to seek appropriate remedies.”

 

PRAYERS/ SUBMISSIONS:

WHEREFORE, Plaintiff, Masika Brown Ray, demands judgment against Defendants, favoring Plaintiffs in the amounts which will compensate her for:

  1. Violation of my rights under Title 18 and 42 of the US Code;
  2. Punitive damages amounting to $13 Million intended to reform or deter the Defendant, and, from engaging in conduct like that which formed Athe basis of the lawsuit;
  • Compensatory damages for pain, agony, and suffering of Plaintiffs due to prejudicial and biased conduct of Defendants that was especially outrageous against the plaintiffs;
  1. Costs expended herein, including reasonable legal counseling fees and of his legal expenditures;
  2. Pre-judgment and post-judgment interest;
  3. A declaratory judgment in plaintiff’s favor;
  • A direction to the defendants to provide the details and report of my arrest and the discovery packages collected therein;
  • A direction to release the mobile of plaintiff, which is illegally kept by defendants;
  1. If this honorable court deems it appropriate that to assist it properly the plaintiff needs to amend this complaint to let the plaintiff to amend this complaint and
  2. Any and all of his relief to which she may be entitled as it may become part of this Honorable Court’s evaluation and judgment.
  3. Terminate Sheriff Cerliano with his vile attitude and Chief Anthony Boone, effective immediately.

 

DATED this 7th of June, 2023

 

Submitted to:

Sheriff Cerliano

Gregg Co. Sheriff’s Department

101 E Methvin St #559

Longview, TX. 75601

 

Chief Anthony Boone

Longview Police Department

302 W. Cotton St.

Longview, Texas 75601

Defendants

 

Submitted by:

 

Masika Brown Ray

(Pro Se Plaintiff)

 

 

 

 

CERTIFICATE OF SERVICE:

 

The plaintiff certifies that I have mailed, emailed or delivered this pleading to the office of the below-mentioned attorney/defendant on the date mentioned in this complaint.

 

 

Original of this is filed with:

CLERK OF COURT

 

Submitted to:

  1. Sheriff Cerliano

FLOWERS DAVIS, P.L.L.C.

1021 ESE Loop 323, Suite 200

Tyler, Texas 75701

ROBIN HILL O’DONOGHUE State Bar No. 09652220 rho@flowersdavis.com

ROBERT S. DAVIS State Bar No. 05544200

rsd@flowersdavis.com

Lead Attorney

 

  1. Gregg County, TX.

101 E Methvin St

Longview, TX. 75601

 

  1. Chief Anthony Boone

Attorney DARREN K. COLEMAN SBN: 04558570

darren.coleman@boonlaw.com

BOON, CALK, ECHOLS, COLEMAN AND GOOLSBY, P.L.L.C.

1800 W. Loop 281, Suite 303

Longview, Texas 75604

 

  1. City of Longview, TX.

300 W. Cotton St.

Longview, Texas 75601

 

  1. Officer Leslie Sheridan
  2. Officer Kyle Tucker
  3. Sergeant Luke Altman

302 W. Cotton St.

Longview, Texas 75601

 

Defendants

 

Submitted by:

 

Masika Brown Ray

(Pro Se Plaintiff)

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