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Steven J. Andre
2 Attorney at Law CA #132633
26080 Carmel Rancho Blvd. 2008
3 Carmel, CA 93923
(831) 624-5786
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Attorney for Plaintiff, STACY LININGER
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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j_J Case No
STACY LININGER,
14 COMPLAINT FOR DAMAGES
Plaintiff, r42 U.S.C. 1983- Retaliation for
15 Exercise oiFirst Amendment Rights;
v. Request for Injunctive Relief]
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RONALD PFLEGER, CITY OF
17 JURY TRIAL DEMANDED
CARMEL, DEAN FLIPPO, District
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Attorney of Monterey County California,
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and DOES l-50,
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Defendants.
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zz INTRODUCTION
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l. This is a case of retaliation against a private citizen for her First Amendment
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activity. Stacy Lininger, a concerned citizen, sought to report and follow-up on the
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reported the incident with her student to the Carmel Police Department. Instead of
2 complying with his mandatory duty to report the incident and instead of providing
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information to Ms. Lininger concerning the investigation, the officer who took the report
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retaliated against Ms. Lininger by verbally abusing her, threatening her and by having her
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10 offenders which dealt with tobacco use. One of her male students disclosed that during a
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routine traffic stop a Carmel Police officer, Michael Bruno, separated him from the
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vehicles' other occupants, strip searched him and grabbed his penis, held it up and said,
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14 "What's this?"
18 report to the Carmel Police Department. The Carmel Police Department officer who took
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been done to address the situation, she called the Carmel Police Department again in June
23 2015, to inquire about the case. Plaintiff made a number of calls to the Carmel Police
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Department between June 26, 2015 and June 28, 2015.
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5. After several telephone conversations with Cannel Police Department officers and
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27 other staff that indicated to plaintiff that they knew nothing about the crime she had
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 3 of 14
reported, she began to suspect that the matter concerning a fellow Carmel police officer
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6 7. Plaintiff continued to call to request a copy ofher report, to criticize the police for
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inaction, and to insist that action be taken to hold Officer Bruno accountable for his
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misconduct.
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10 8. Defendant responded to plaintiff's calls by telling her the matter was " resolved,''
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ridiculing her, insulting her, telling her they would not tell her anything, asking her to
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stop calling, intimidating her, threatening her with criminal prosecution and ordering her
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15 9. When defendant and his fellow officers refused to provide plaintiff with any
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information or to do anything in response to her report of the crime, plaintiff called the
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Carmel Police Department seeking information as to other government agencies that
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Amendment to the United States Constitution as petitioning activity and free speech.
23 11. Defendant retaliated against plaintiff for her exercise of First Amendment rights by
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filing a criminal report with the Monterey District Attorney's Office against her and
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causing the filing of a Strategic Lawsuit Against Public Participation ("the SLAPP,) to b
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27 filed against Plaintiff in Monterey Superior Court Cases MS33363A and MS317393A.
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Defendant caused charges to be filed against Plaintiff on the false basis that her protected
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 4 of 14
exercise of her rights amounted to placing harassing phone calls under California Penal
2 Code 653m..
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12. Defendant sought to enlist the participation as a victim of plaintiff's employer/
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supervisor, VictoriaWayner, who Ms. Lininger had called to update concerning her
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6 interactions with the Carmel Police Department and to obtain her assistance in dealing
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with the stonewalling she was encountering from them. Ms. Wayner declined to be
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named as a victim. Nevertheless, defendant Pfleger falsely named Ms. Wayner as a
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10 supposed victim of harassing telephone calls by Ms. Lininger in his report to defendant
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Monterey County District Attorney.
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13. Defendant caused a warrant to be applied for and obtained proximately causing an
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14 invasion of plaintiff's privacy by involving the searching of plaintiff's phone records and
15 proximately caused plaintiff to incur legal expenses, suffer the humiliation of being
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subjected to criminal charges and to unnecessarily endure the lengthy, stressful criminal
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19 14. The harm from defendant's retaliation against Plaintiff for her exercise of her
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constitutional rights did not end until the SLAPP criminal prosecution against plaintiff
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was dismissed on the day of trial by defendant Monterey County District Attorney on
23 May 1, 2017.
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JURISDICTION AND VENUE
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15. This action is brought pursuant to 42 U.S.C. Section 1983 to redress the
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27 deprivation under color of law of Plaintiff's rights as secured by the United States
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Constitution.
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 5 of 14
16. This court has original jurisdiction over Plaintiffs federal claims under 28 U.S.C.
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2 I 331 and 1343 because this is a civil action seeking redress for the deprivation of
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rights secured by the United States Constitution.. Venue is proper under 28 U.S.C.
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1391 (b). The parties reside in this judicial district, and the events giving rise to the claims
10 THE PARTIES
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18. At all times relevant hereto, Plaintiff, STACY LININGE~ was a resident of
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Monterey County.
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14 19. At all times relevant hereto, Defendant RONALD PFLEGER was a Sergeant with
15 the Carmel Police Department, a duly appointed Carmel Police officer, and a resident of
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Monterey County, California.
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18 20. At all times relevant hereto, Defendant Dean Flippo, District Attorney of Monterey
19 County, was the district attorney of the County of Monterey, California, responsible for
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and whose office filed false charges against Plaintiff based upon the report by the Carmel
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Police Department, and is sued in his official capacity.
23 21. All of the foregoing Defendants are sued in their individual capacities, and all
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acted under color of law and in the scope of their employment in engaging in the actions
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alleged in this Complaint.
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 6 of 14
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22. At all relevant times, defendant City of Carmel was a municipal entity located in
2 Monterey County, California and employed Pfleger and the other officers of the Carmel
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Police Department.
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FIRST CLAIM FOR RELIEF 42 U.S.C. 1983- Retaliation in Violation of the
6 First Amendment (Against Defendant RONALD PFLEGER)
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23 . Defendant RONALD PFLEGER responded to Plaintiff's efforts to hold the penis-
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grabbing Carmel Police Department officer accountable and to hold the police
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10 department accountable for doing its job in seeing that the offending officer was brought
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to justice and to Plaintiff's criticism of Carmel Police officers by retaliating against her.
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24. Defendant derided Plaintiff, intimidated her with threats of criminal prosecution if
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14 plaintiff did not desist from her efforts, and prepared a report causing the local district
15 attorney's office to prosecute Plaintiff for her conduct in calling the police department by
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mischaracterizing her conduct as a violation of California Penal Code 653m, claiming
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18 she had made harassing telephone calls to the police. As a result of defendant's
19 retaliation, defendant procured the filing of criminal charges against plaintiff through
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false information and pressure brought to bear upon the district attorney's office to act to
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protect local law enforcement agencies and to punish persons critical of local law
27 protected efforts to petition, criticize, and to obtain action from the Carmel police.
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 7 of 14
25. Defendant's liability stems from 42 U.S.C. 1983, providing: "Every person, who
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2 under color of any statute, ordinance, regulation, custom or usage of any state or territory
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or the District of Columbia subjects or causes to be subjected any citizen of the United
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States or other person within the jurisdiction thereof to the deprivation of any rights,
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6 privileges or immunities secured by the constitution and law shall be liable to the party
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injured in an action at law, suit in equity, or other appropriate proceeding for redress ..."
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26. Plaintiff in this action is a citizen of the United States and Defendant, an individual
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15 police officer's actions, and even to be "rude" to a police officer without fear of reprisal o
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retaliation.
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"!.8 28. Defendant further knew or reasonably should have known that it was not lawful to
19 use the authority entrusted to him as a police officer for the purpose of reprisal against a
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private citizen for that citizen's exercise of her constitutional right to petition her
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government or to criticize a government actor or to express herself concerning a
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 8 of 14
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30. At the time of the complained of events, Plaintiff was exercising her clearly
2 established First Amendment rights and was entitled to be free from retaliation for her
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constitutionally protected exercise of petitioning activity and speech.
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31 . Any reasonable police officer knew or reasonably should have known of this right
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6 at the time of the complained of conduct as it was clearly established at that time.
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32. Retaliatory animus tor Plaintiff's exercise of her constitutionally protected right to
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report the conduct of a fellow officer for grabbing a child's penis and criticizing and
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10 questioning whether the matter was being covered up by the Carmel Police Department
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was a substantially motivating factor in causing the SLAPP to be prosecuted against
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Plaintiff.
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15 without probable cause, and he made statements to prosecutors with the intent of exerting
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influence to institute and continue the judicial proceedings.
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18 34. The SLAPP prosecution and other abuse imposed by Defendant upon Plaintiff in
19 retaliation for her protected conduct would chill and deter a person of ordinary fmnness
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from continuing to engage in the protected conduct.
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35. Defendant engaged in the conduct described by this Complaint willfully,
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 9 of 14
6 his actions were taken maliciously, willfully or with a reckless or wanton disregard of the
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constitutional rights of Plaintiff.
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SECOND CLAIM FOR RELIEF 42 U.S.C. 1983- Against City of Carmel
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10 39. Plaintiffhereby incorporates all other paragraphs ofthis Complaint as if fully set
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forth herein.
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40. Defendant RONALD PFLEGER at all times relevant hereto was acting pursuant to
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18 that its police officers in the Carmel Police Department are properly trained and, in
19 particular, are adequately trained in respecting and protecting citizens who report crimes
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and who otherwise exercise their First Amendment rights.
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42. Under 42 U.S.C. 1983, municipal defendants such as CITY OF CARMEL are
23 ~persons" liable for unconstitutional customs, practices, and policies, and failure to train
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their law enforcement officers.
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43. Plaintiff is informed and believes that Defendant CITY OF CARMEL neglected
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27 and failed to train its employees with respect to not retaliating against persons who
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exercise their First Amendment rights. Plaintiff alleges that this neglect and failure
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 10 of 14
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amounts to deliberate indifference to the obvious need to avoid the situation of a police
2 otlicer reacting to a citizen who criticizes an officer or the police generally or is rude or
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insists upon action from the police by wrongfully treating that person as a criminal and
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arresting, charging or citing or having the person prosecuted for that person's exercise of
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14 45. Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set
15 forth herein.
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46. At the time of the complained of events, Plaintiff had the clearly established
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18 constitutional right to be free from malicious prosecution by a SLAPP for the exercise of
19 her constitutional rights and without probable cause under the Fourth Amendment and in
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violation of due process under the Fourteenth Amendment.
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47. Any reasonable police officer knew or should have known of these rights at the
23 time of the complained of conduct as they were clearly established at that time.
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48. Defendant RONALD PFLEGER violated Plaintiff's Fourth and Fourteenth
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Amendment rights to be free from malicious prosecution without probable cause and
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27 without due process when he worked to secure false charges against Plaintiff, resulting in
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her unlawful prosecution.
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 11 of 14
49. Defendant RONALD PFLEGER incited, aided, abetted, conspired and/or acted in
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2 concert with agents and employees ofDefendant DEAN FLIPPO, District Attorney of
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Monterey County, to institute, procure and continue a criminal proceeding for making
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harassing telephone calls against Plaintiff without probable cause.
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10 constitutional rights.
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51. The criminal proceedings terminated in Plaintiff's favor. A court decision on the
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merits in plaintiff's favor terminated case MS317393A on January 18, 2017. The
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14 prosecutor dropped the charges in case MS333633A on May 1, 2017, without any
15 compromise by Plaintiff, reflecting a prosecutorial judgment that the case could not be
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proven beyond a reasonable doubt.
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18 52. Defendant DEAN FLIPPO, District Attorney of Monterey County, at all times
19 relevant hereto was acting pursuant to office policy or practice in its actions in filing and
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prosecuting the SLAPP pertaining to Plaintiff. That policy or practice was one of
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steadfastly defending the interests of law enforcement against challenges by private
23 citizens.
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53. DEAN FLIPPO, District Attorney of Monterey County, failed to implement
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adequate training of the staff at the district attorney 's office with respect to the
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27 constitutional right of persons to report crimes, criticize police officers or the police
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generally or to be rude or insist upon action from the police without suffering retaliation
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 12 of 14
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through prosecution of a criminal action for that First Amendment conduct. As a product
2 of this neglect and failure, the policy and practice of that office is to not investigate the
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merits of charges involving citizen interactions with police and to vigorously defend law
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enforcement interests unmitigated by the imperative need to guard the rights of citizens
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6 who challenge police action or inaction and the responsibility to protect the innocent and
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guard the rights of the accused. Nor is zealous advocacy curbed by the overarching
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ethical and legal duty of a prosecutor to seek justice.
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10 54. No investigation of the facts or the law was conducted by the Monterey County
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District Attorney as required by California Code of Civil Procedure 128.7 before filing
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the SLAPP.
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14 55. Any reasonable attorney knew or should have known of First Amendment freedom
15 to Petition government for redress of grievances and freedom of speech and upon
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reviewing the Carmel Police Department's report prior to the time the SLAPP was filed
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18 against Plaintiff defendant knew or should have known that the reported incidents merely
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were insufficient to justify a reasonable belief that Plaintiff had committed any offense.
23 Any reasonable attorney at this point knew or should have known that Plaintiff was
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protected from retaliation for her exercise of her First Amendment rights.
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56. The SLAPP prosecution of Plaintiffby the Monterey County District Attorney was
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27 completely and utterly without merit and was brought for the improper purpose of
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Case 5:17-cv-03385-SVK Document 1 Filed 06/12/17 Page 13 of 14
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punishing Plaintiff for the exercise of her First Amendment rights when she took Cannel
6 demurrer was served upon the district attorney's office June 10, 2016.
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58. Defendants caused Plaintiff to be improperly subjected to judicial proceedings for
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which there was no factual basis, supporting legal basis or probable cause. These judicial
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10 proceedings were instituted and continued maliciously, resulting in injury, and all such
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proceedings were terminated in Plaintiffs favor in a manner indicative of innocence.
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59. The Fourth Amendment's protection against unreasonable seizures encompasses
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18 61. Defendant DEAN FLIPPO, District Attorney of Monterey County, while acting
19 under color of state law, violated Plaintiffs clearly established right under the Fourth and
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Fourteenth Amendments by unlawfully and maliciously causing a criminal SLAPP
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prosecution to be instituted against Plaintiff.
23 62. As a proximate result of the policies, practices and neglect of Defendant DEAN
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FLIPPO, District Attorney of Monterey County, Plaintiff suffered and others suffer
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wrongful prosecution for the exercise of First Amendment rights in Monterey County.
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27 63. The misconduct described in this Count was undertaken with malice, willfulness,
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and reckless indifference to the rights of others.
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64. A permanent injunction is in order to prevent the chilling effect these polices and
2 practices have upon the rights of Monterey County citizens to police their police: criticize
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them, hold them accountable, report misfeasance by law enforcement, without fear of
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reprisal for their public participation.
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10 persons who object to police action, criticize police action, seek information from police,
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seek action from the police in the absence of documented evidence that they actually
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physically interfered with the performance of official law enforcement duties.
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b. award compensatory and punitive damages to Plaintiff, in an amount to be proved at
trial;
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c. grant injunctive relief against the prosecution of persons for the exercise of their
constitutional rights.
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d. award Plaintiff her costs and attorneys' fees pursuant to 42 U.S.C. 1988; and
23 e. grant or award such other relief that this Court deems just and proper.
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Dated: 6/1-1?--
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Steve . Andre,. Attorney for Plaintiff,
27 STACY LININGER
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