Roger Dennis Fleury Jr.
Come the PLAINTIFFS in good faith, by PLAINTIFF and JOINED PLAINTIFF, with just claim, and for their complaint state as follows: 1. ROGER DENNIS FLEURY JR, herein referred to as PLAINTIFF, was approached, detained, and subsequently arrested and imprisoned at approximately 12:30 a.m. on or about June 19, 2013 near 1st Ave in Nashville, TN upon threat of violence by two armed men operating under color of law who refused to identify themselves upon repeated requests. No cause or warrant was presented to him upon request at any time. At no time did PLAINTIFF grant consent to the action. As such, PLAINTIFF has cause to believe the arrest and subsequent imprisonment is unlawful in nature and thereby false. Copies of the documents evidencing said arrest are attached hereto as �Exhibit A.�
2. PLAINTIFFS' right to be secure in their persons under Amendment IV of the Constitution of the United States was violated without cause or warrant. 3. PLAINTIFF'S right to due process under Amendment V of the Consitution of the United States was violated without cause or warrant. 4. CURTIS M. FISHER, herein referred to as DEFENDANT, refused to identify himself upon request, and instead pointed to a name tag on his right breast that read �C. FISHER.� DEFENDANT refused to state his name and badge number to PLAINTIFF upon request. 5. DEFENDANT refused to show cause for detainment to PLAINTIFF upon request. 6. An unidentified white male, approximately 5'6� in height with dark hair and a visible tattooed image on his right forearm approached PLAINTIFF from behind and without warning, cause, nor consent, proceeded to handcuff him. Upon request, said unidentified male refused to identify himself to PLAINTIFF. 7. PLAINTIFF advised DEFENDANT that no consent was granted, and offered assistance to settle the matter peacefully. 8. Upon request, DEFENDANT refused to show cause for arrest. 9. Upon request, DEFENDANT refused to list any charges brought against PLAINTIFF. 10. PLAINTIFF advised DEFENDANT he had cause to believe he was the target of a kidnapping and assualt, and offered assistance to settle the matter peacefully. 11. PLAINTIFF was taken against his will to an undisclosed location unknown to him without having granted consent and without cause or warrant. 12. PLAINTIFF was never, Pursuant to Federal Rule of Criminal Procedure 5(a)(1)(A), taken without unnecessary delay before a magistrate judge. 13. Pursuant to Federal Rule of Criminal Procedure 5(a)(2)(A)(ii), an attorney for the government failed to move promptly to dismiss the complaint.
14. PLAINTIFF was unlawfully imprisoned without his consent from approximately 12:30 a.m. Until approximately 9:40 a.m. on or about June 19, 2013, during which time: A. PLAINTIFF repeatedly requested agents of the METROPOLITAN NASHVILLE POLICE DEPARTMENT and DAVIDSON COUNTY SHERRIFF'S OFFICE to identify themselves. All requests were refused. B. PLAINTIFF repeatedly requested cause be shown for detainment. All requests were refused. C. PLAINTIFF continuously offered to assist in settling the matter peacefully. D. PLAINTIFF was fingerprinted and photographed against his will without conviction nor having granted consent. E. Agents of the DAVIDSON COUNTY SHERRIFF'S OFFICE were advised that no consent was given by PLAINTIFF. Said Agents failed to immediately provide remedy. 15. BRITTANY NICOLE RAGER, herein referred to as JOINED PLAINTIFF, was left alone in an unfamiliar place near 1st Ave in Nashville, TN as a result of the false arrest. 16. JOINED PLAINTIFF had cause to fear for her safety as a result of the false arrest, being alone in an unfamiliar place, and was approached by an unidentified male for reasons unknown to her. 17.JOINED PLAINTIFF was prevented from returning to her place of residence for approximately 10 hours as a result of the false arrest. 18. JOINED PLAINTIFF, being prevented from returning to her place of residence as a result of the false arrest, sought shelter at a public establishment offering lodging services in the amount of approximately $45 (dollars) per night. 19. PLAINTIFF made no attempt to resist or escape at any time. Notice of Release and Dismissal of the action was presented to PLAINTIFF for acceptance at approximately 9:40 a.m. on or about June 19, 2013. 20. Plaintiffs are joining in this action pursuant to Federal Rule of Civil Procedure 20(a)(1), seeking judgement jointly according to their respective rights to relief. 21. Defendants are joined in this action pursuant to Federal Rule of Civil Procedure 20(a)(2), wherein PLAINTIFFS seek relief jointly with respect to the same series of transactions.